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17-168 Michael Bench, On Call Arborist Review ServicesAGREEMENT BETWEEN THE CITY OF CUPERTINO AND MICHAEL BENCH FOR ON CALL ARBORIST REVIEW SERVICES THIS AGREEMENT, is entered into this First day of July, 2017 , by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and Micheal Bench, whose address is 7327 Langley Canyon Road, Prunedale, California 93907 (hereinafter referred to as "Consultant") (collectively referred to as the "Parties"). RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to caiTy on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. C. Consultant possesses the skill , expe rience , ability , background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for on call arborist review services for various development projects upon the terms and conditions herein. NOW, THEREFORE, the Parties mutuall y agree as follows: 1. TERM The term of this Agreement shall commence on July 1, 2017 , and shall terminate on June 30, 2018, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perf01m each and every service set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed Twenty Thousand dollars ($20,000.00) based on the rates and terms set forth in Exhibit "C ," which is attached hereto and incorporated herein by this reference. In order to request payment, Consultant shall submit monthly electronic invoices to C DDinvoice s (a)cup ertin o.org describing the services performed and the applicable charges (including a summary of work performed during that period, personnel who performed the services, hours worked, task(s) for which work was performed). 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6 . INDEPENDENT PARTIES City and Consultant intend that the relationship between them created by this Agreement is that of independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute , rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services . None of the benefits provided by City to its employees , including but not limited to , unemployment insurance, workers' compensation plans , vacation and sick leave are available from City to Consultant , its employees or agents . Deductions shall not be made for any state or federal taxes , FICA payments , PERS payments , or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items , ifrequired , are the responsibility of Consultant. 7. IMMIGRATION REFORM AND CONTROL ACT {IRCA) Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable TRCA or other federal , or state rules and regulations . Consultant shall indemnify and hold City harmless from and against any loss , damage , liability, costs or expenses arising from any noncompliance of this provision by Consultant. 8. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination , Consultant agrees that it shall not harass or discriminate against a job applicant, a City employee , or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race , religious creed , color, national origin, ancestry , handicap , disability , marital status , pregnancy, sex , age , sexual orientation , or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS IZI Standard Indemnification: Consultant shall , to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance , with respect to all services performed in connection with the Agreement, indemnify , defend , and hold harmless the City and its officers , officials , agents , employees and volunteers from and against any and all liability , claims , actions, causes of action or demands whatsoever against any of them , including any injury to or death of any person or damage to property or other liability of any nature , whether physical , emotional , consequential or otherwise, arising out , pertaining to , or related to the negligent performance of this Agreement by Consultant or Consultant 's employees , officers , officials , agents or independent contractors. Such costs and expenses shall include reasonable attorney s ' fees of counsel of City 's choice , expert fees and all other costs and fees of litigation. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. 10 . INSURANCE: A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish City with ce1tificates showing the type , amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D ". Such ce1tificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this ce1tificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail , Attention: City Manager." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he /she has agreed to pro vide comprehensive general and automotive liability insurance , Consultant shail look solely to his/her insurance for recovery. Consultant hereb y grants to City , on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein , a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by vi1tue of the payment of any loss under such insurance . C. Failure to secure or maintain insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance , City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. Additional Insured. City, its City Council, boards and commissions , officers , employees and volunteers shall be named as an additional insured under all insurance coverages, except workers ' compensations and any professional liability insurance , required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss , or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and /or limits shall be available to the additional insured City. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured , whichever is greater. 11. CONFLICT OF INTEREST Consultant warrants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise , that would conflict in any way with the performance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it may be required to fill out a conflict of interest fo1m if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2 , Division 6, Section 18700 of the California Code of Regulations . 12. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease , hypothecate, or transfer this Agreement, or any interest therein , directly or indirectly , by operation of law or otherwise, without prior written consent of City . Any attempt to do so without said consent shall be null and void , and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment , hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptl y furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general pminer or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. . Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL Unless prior written consent from City is obtained , only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors , such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general , automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition , any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any sub-subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City. 14. PERMITS AND LICENSES Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to , a City Business License , that may be required in co1mection with the performance of services hereunder. Consultant may apply for a Cupertino Business License online . If the Consultant's sole business contact within Cupertino is the sale of goods or services to the City itself, the Consultant may apply for an exemption from the business license tax . 15. MINIMUM WAGE Given that the Consultant is subject to the City 's business license requirements , the Consultant is also subject to the Cupertino Minimum Wage Ordinance (1 6-2151 ). 16. REPORTS A. Each and every report , draft , work product, map , record and other document, hereinafter collectively referred to as "Report", reproduced , prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement , shall be the exclusive property of City. Consultant shall not copyright an y Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to thi s Agreement. Any Report, information and data acquired or required by this Agreement sha ll become the prope1iy of City, and all publication rights are reserved to City. Co nsultant may retain a copy of any repo1i furnished to the City pursuant to this Agreement. B . All Repo1is prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired ; (2) Completion of the original Project by others ; (3) Subsequent additions to the original project; and/or ( 4) Other City projects as City deems appropriate . C. Consultant shall , at such time and in such form as City may require , furnish repo1is concerning the status of services required under this Agreement. D. All Repo1is required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original , which shall be single sided. E. No Report , information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 17. RECORDS Consultant shall maintain complete and accurate records with respect to sales , costs , expenses, receipts and other such information required by City that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearl y identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times , and gives City the right to examine and audit same, and to make transcripts therefrom as nec essary , and to allow inspection of all work , data, documents , proceedings and activities related to this Agreement. Such records , together with supporting documents , shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after Consultant receives final payment from City for all services required under this agreement. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records , and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls , or other breach of contract or failure to act in good faith , then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 18 . NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a po11ion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term , condition , or provision of this Agreement. 19. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City 's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and rec ycled/remanufactured toner and ink jet cartridges ; • Printing with soy or low volatile organic compounds (VOC) inks ; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal 's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 20. NOTICES All notices , demands , requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail , postage prepaid, registered or certified, addressed as hereinafter provided. All notices , demands , requests , or approvals shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Piu Ghosh TO CONSUL TANT: Michael Bench, Consulting Arborist 7327 Langley Canyon Road Prunedale, CA 93907 21. TERMINATION In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified and according to the requirements set forth in City 's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance. City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination if for cause, City may deduct from such payment the amount of actual damage , if any, sustained by City due to Consultant's failure to perform its material obligations under this Agreement. Upon termination , Consultant shall immediately deliver to the City any and all copies of studies , sketches, drawings , computations, and other material or products, whether or not completed, prepared by Consultant or given to Consultant, m connection with this Agreement. Such materials shall become the property of City. 22. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances , rules , policies and regulations enacted or issued by City . 23. CONFLICT OF LAW This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws , orders , rules , and regulations of the authorities having jurisdiction over this Agreement ( or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara, State of California. 24. ADVERTISEMENT Consultant shall not post, exhibit, display or allow to be posted , exhibited, displayed any signs , advertising, show bills , lithographs , posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 25. WAIVER A waiver by City of any breach of any term , covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term , covenant, or condition contained herein, whether of the same or a different character. 26. INTEGRATED CONTRACT This Agreement represents the full and c omple te understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein . No v e rbal agre ement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 27. AUTHORITY The individual(s) executing this Agreement represent and waiTant that the y have the legal capacity and authority to do so on behalf of their respective legal entities. 28. INSERTED PROVISIONS Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein , and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inse1ied or is not correctly inserted , the Agreement shall be amended to make such insertion on application by either party. 29. CAPTIONS AND TERMS The captions in this Agreement are for convenience only , are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF , the parties have caused the Agreement to be executed. CONSULTANT MUNICIPAL CORPORATION Michael Bench ........ ......---.-e..~~:::::,..i~4.A..._ :~y:Zrt£;~ Title ~~eJ~ 1/,/L, Date ~~b- o Ov er $17 5,000-Cou l cii Approva l Required D Over $45 ,000-Department Head Ap proval Required 0 Up to $45 ,000-De signated Sup erv iso r Approva l Required RECOMMENDED FOR APPROVAL APPROVED AS TO FORM : A,~ ~&5Zcip~ ( City Attorney ATTEST: ~(c.~ U-JJ-,--17 City Clerk Exhibits: IZJ Ex hibit "A"-Scope of Services D Ex hibit "B"-Schedule of Performance IZJ Ex hibit "C" -Compensation IZJ Exhibit "D " -Insuranc e Requirements and Proo f of Insurance EXPENDITURE DISTRIBUTION PO #2 018-Account: 100-71-701 701-701 Amount: Total: $20,00 0.00 $20,000.00 Exhibit A Scope of Services Consultant shall provide arborist review services as requested by City for var iou s development projects in Cupertino. Exhibit C Compensation City shall compensate Consultant for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below. Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forih below. The compensation to be paid to Consultant under this Agreement for all services described in Exhibit "A" and reimbursable expenses shall not exceed a total of Twenty Thousand dollars ($20,000.00), as set forih below. Any work performed or expenses incun-ed for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. Rates Consulting Arborist: $180/hour Invoices IZI Monthly Invoicing: In order to request payment, Consultant shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including a summary of work performed during that period , personnel who performed the services, hours worked , task(s) for which work was performed). Reimbursable Expenses Administrative, overhead , secretarial time or overtime , word processing , photocopy ing, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. Trave l expenses must be authorized in advance and shall only be reimbursed to the extent consistent with City travel policy. Additional Services Consultant shall provide additional services outside of th e services identified in Exhibit A on ly by advance written authorization from the City's Project Manager prior to commencement of any additional services . Consultant shall submit, at the Project Manager 's request, a detailed written proposal including a description of the scope of additional services , schedule , and proposed maximum compensation. Exhibit D Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to this Exhibit, with City named as additional insured. Consultant shall maintain the following minimum insurance coverage: A. COVERAGE: ( 1) Workers' Compensation: Statuto1y coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500 ,000 each occurrence $1 ,000 ,000 aggregate -all other Property Damage: $100 ,000 each occurrence $250 ,000 aggregate If submitted , combined single limit policy with aggregate limits in the amounts of $1 ,000 ,000 wi II be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500 ,000 each occurrence Property Damage: $100 ,000 each occurrence or Combined Single Limit: $500 ,000 each occurrence ( 4) Professional Liability Professional liability insurance which includes coverage for the professional acts , errors and omissions of Consultant in the amount of at least $1 ,000 ,000. Contractor/Consultant Affidavit of No Employees State of Cal {/ornia County of Santa Clara City of Cupertino L the undersigned , declare as follows: I am an independent contractor and the owner of !1!,el!A£-L L. BMelt . lAJsa.ll:IAJ.j A~omt. I wish to enter into a services contract with the City of Cupertino. I am fuTiy aware of the provisions of section 3 700 of the California Labor Code. which requires every employer to provide Workers' Compensation coverage for employees in accordance with the provisions of that Code. I am also aware that I must provide proof of workers' compensation insurance to the City of Cupertino for any and all employees I may have , pursuant to Section 12 of the City of Cupertino· s contract. I hereby certify that I do not have any employees nor will I have any employees working for me or my business during the term of any service contract with the City of Cupertino . I am not required to have Workers ' Compensation insurance . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this / Bday of5e~B~20I7, at ~u..Ne.DAL/=. . California . BENCH-1 OP ID: 0016 ACORo·· CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM /DD /YYYY ) ~ 11/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED , the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~Z~tcT Timothy J Walsh EJMS Insurance Services wiNJo Ext l: 408.402.0400 I r:,~, Nol : 408.402.0401 PO Box 33289 Los Gatos, CA 95031 ~oMl~~ss , Tim@insurlg.com Timothy J Walsh INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Sentinel Insurance Company Ltd 11000 INSURED Michael Bench dba Michael INSURER B: United States Liability Ins Co 25895 Bench Consulting INSURER C : 7327 Langley Canyon Road Salinas, CA 93907 INSUR ER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLI CY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT , TER M OR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFI CATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXC LUSIONS AND COND ITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS. INSR TYPE OF INSURANCE : iAUDL ~UtiR POLIC Y EFF POLI CY EXP LIMITS LTR INS:D WVD POLI CY NUMBER IMM /DD/YYYYl IIMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY EAC H OCC URR EN CE $ 1,000,00C -D CLAI MS-MADE 0 OCCUR UAMAC,t: I U Kt:N I t:U X X 57SBMBG9512 09/01/2017 09/01/2018 PREMISES /Ea occurrence\ $ 1,000,00C MED EXP (Any one perso n) $ 10,000 -: PER SO NAL & ADV INJURY $ 1,000,000 -I GEN 'L AGGREGATE LIMIT AP PLIE S PER : GENERAL AGGREGATE $ 2,000,000 ~ DPRO-OLoc PRODUCTS -COMP /OP AGG $ 2 ,000,000 POLICY JE CT OTHER: I $ AUTOMOBILE LIABILITY COMB INED SI NGLE LIMIT $ 1,000,00 /Ea acc ident\ A -57SBMBG9512 ANY AUTO 09/01/2017 09/01/2018 BODILY INJUR Y (Per person) $ -ALL OWNED -SC HEDULED BOD ILY INJURY (Per accide nt ) $ -AUTOS f--AUTOS · X X NON-OWNED PROPERTY DAMAGE $ -HIRED AUTOS f--AUTOS /Per accident\ ' $ UMBRELLA LIA.B H OCCUR ; EACH OCCURRENC E $ ; -EXC ESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION I ~ffTUTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANY PR OPRIE TOR/PARTNE R/EXECUTiV E D l E.L. EAC H ACCIDENT $ OFFI CER/MEMBER EXC LUDED ? NIA (Mandatory in NH) E.L. DI SEASE -EA EMPLOYEE $ ~m:~ft-f[~~ O~'gPERATIONS below E.L. DISEAS E -POLICY LIMIT $ B E&O SP1564241 09/06/2017 09/06/2018 Each 0cc 1,000,000 Aggregate 2 ,000,00C DESCRI PTION OF OPERATIONS I LOCAT IONS I VEHICLES (ACORD 101 , Additional Remarks Schedule , may be attached if more sp ace is required) City of Cu~ertino, including its City Council, boards and commissions , officers, o icials, agents, emplo(iees, consultants and volunteers are named as additional insured. 30 day no ice of cancellation exce~t 10 day notice for non-payment of premium. Waiver of subrogation app ies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE I &twu,u,L ~~ © 1988-2014 ACORD CORPORATION . All rights reserved . ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD POLI C Y NUMBER : 57SBMBG95 12 COMMERCIAL GE N ERAL LI ABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE PO LI CY. PLEASE READ IT CAREFULLY. ADDI T IONA L INSUR ED -OWNERS, LESSE ES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement mod ifies insurance provided under the follONing : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person{s) Or Organization{s): I Location{s) Of Covered Operat ions ! City of Cupertino, i ncluding it s City Council , boards and commissions, officers, officials , agents , employees , consultants and volunteers Information reau ired to complete this Schedule, if not shown above , will be shown in the Declarations. A S ection II Who Is An Insured is amended to include as an addit ional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability fa-"bodily inju-y", "property damage" or "personal and advertising injury" caused , in whole or in part, by: 1 . Your acts a-omissions ; or 2. The acts a-omissions of those acting on your behalf; in the perfa-mance of your ongoing operat ions fa- the add itional insured(s) at the location(s) des ig- nated above . B . Wrth respect to the insurance affcrded to these add itional insureds , the follONing additional exclu - sions apply: · This insurance does not cl)ply to "bodily injury " cr "property damage" occurring after: 1 . All work, including materia ls, parts or equip- ment f u nished in connection with such wcrk, on the project (other than service, maintenance or repairs) to be performed by a-on behalf of the additional insured(s) at the locat ion of the covered operations has been completed ; or 2 . That portion of "your wcrk" out of which the injury or damage arises has been put to its in - tended use by any person or crganization other than another contractor a-subcontractor en- gaged in performing operations for a princ ipal as a part of the same project. CG 2010 07 04 Copyright, ISO Properties, Inc ., 2004 Page1 of1 D