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23-029 West Coast Arborist for On-Call Tree Maintenance ServicesOn-Call Tree Maintenance Services
On-Call Public Works Contract/ July 2022
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ON-CALL PUBLIC WORKS CONTRACT
WITH WEST COAST ARBORISTS, INC.
1. PARTIES
This On-Call Public Works Contract (“Contract”) is made by and between the City of Cupertino, a
municipal corporation (“City”), and West Coast Arborists, Inc. (“Contractor”) a Corporation for On-
Call Tree Maintenance Services, and is effective on the last date signed below (“Effective Date”).
2. SCOPE OF WORK
2.1 Scope of Work. Contractor will perform and provide all labor, materials, equipment,
supplies, transportation and any other items or work necessary to perform and complete the work
described in the Scope of Work (“Work”), attached and incorporated here as Exhibit A, on an as-
needed basis. The Work must comply with this Contract and with each Service Order issued by the
City’s Project Manager or his/her designee, in accordance with the following procedures, unless
otherwise specified in Exhibit A. Contractor further agrees to carry out its work in compliance with
any applicable local, State, or Federal order regarding COVID-19.
2.2 Service Orders. Before issuing a Service Order, the City Project Manager will request that
Work be done in writing and hold a meeting with Contractor to discuss the Service Order. Contractor
will submit a written proposal that includes a specific Scope of Work, Schedule of Performance,
and Compensation, which the Parties will discuss. Thereafter, City will execute a Service Order
Form for the Work, attached and incorporated here as Exhibit B. The Service Order will specify
the Scope of Work, Schedule of Performance, Compensation, and any other conditions applicable
to the Service Order. Issuance of a Purchase Order is discretionary. The City Project Manager is
authorized to streamline these procedures based on the City’s best interests. In particular, in
emergency situations, the City Project Manager may execute a Service Order for emergency work
based on oral conversations with the Contractor, without adhering to the full process outlined in this
section. Contractor will not be compensated for Work performed without a duly authorized and
executed Service Order.
3. TIME OF PERFORMANCE
3.1 Term. This Contract begins on the Effective Date and ends on March 31, 2026 (“Contract
Time”), unless terminated earlier as provided herein. At the end of the term, the City shall have the
option to extend the term on a year-to-year basis up to an additional two years. The City shall
exercise each one-year option by providing written notice to the Contractor at least 30 days prior to
the expiration of the applicable term. Upon exercise of the option, the parties will amend section 4.1
to reflect the increase in the contract compensation. Extensions requiring additional contract funds
are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must complete the Work within the time specified in
each Service Order, and under no circumstances should the Work go beyond the Contract Time.
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3.3 Time is of the essence for the performance of all the Work required in this Contract and in
each Service Order. Contractor must have sufficient time, resources, and qualified staff to deliver
the Work on time. Contractor must respond promptly to each Service Order request.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Work based upon actual costs and capped so as not to exceed $200,000.00 annually, for a total of
$600,000 (“Contract Price”), based upon the Scope of Work in Exhibit A and the budget and rates
included. The maximum compensation includes all expenses and reimbursements and will remain
in place even if Contractor’s actual costs exceed the capped amount. In the event the City exercises
its option set forth in section 3.1, this section 4.1 will be amended to increase the annual amount by
$200,000, as necessary.
4.2 Per Service Order. Compensation for Work provided under a Service Order will be based
on the rates set forth in the Service Order, which shall not exceed the capped amount specified in
the Service Order.
4.3 Invoices and Payments. Contractor must submit an invoice on the first day of each month,
describing the Work performed during the preceding month, itemizing labor, materials, equipment,
and any incidental costs incurred. Contractor will be paid ninety-five percent (95%) of the
undisputed amounts billed within thirty (30) days after City receives a properly submitted invoice.
Any retained amounts will be included with Contractor’s final payment within sixty (60) days of
City’s acceptance of the Work pursuant to a specific Service Order as complete.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint
venture of City. Contractor is solely responsible for the means and methods of performing the Work
and for the persons hired to work under this Contract. Contractor is not entitled to health benefits,
worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors
that they have the qualifications and skills to perform the Work in a competent and professional
manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that
they are properly licensed, registered, and/or certified to perform the Work as required by law and
have procured a City Business License, if required by the Cupertino Municipal Code. Contractor
shall possess a California Contractor’s License in good standing for the following classification(s):
C-2/D49, C27, A, C21, B, C31, which must remain valid for the entire Contract Time.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Contract.
Prior written approval from City is required for any subcontractor, and the terms and conditions of
this Contract will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials, and
equipment required to perform the Work under this Contract.
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5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Contract and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Contract
or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off,
overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability,
unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely
liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable
to Contractor’s business including, but not limited to, federal and state income taxes. City shall have
no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should
any court, arbitrator, or administrative authority, including but not limited to the California Public
Employees Retirement System (PERS), the Internal Revenue Service or the State Employment
Development Division, determine that Contractor, or any of its employees, agents, or
subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts
payable under this Contract, or to promptly remit to City any payments due by the City as a result
of such determination, so that the City’s total expenses under this Contract are not greater than they
would have been had the determination not been made.
6. CHANGE ORDERS
Amendments and change orders must be in writing and signed by City and Contractor. Contractor’s
request for a change order must specify the proposed changes in the Work, Contract Price, and
Contract Time. Each request must include all the supporting documentation, including but not
limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date.
7. ASSIGNMENTS; SUCCESSORS
Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or
indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to
do so will be null and void. Any changes related to the financial control or business nature of
Contractor as a legal entity is considered an assignment of the Contract and subject to City approval,
which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting
power of the business entity. This Contract is binding on Contractor, its heirs, successors, an d
permitted assigns.
8. PUBLICITY / SIGNS
Any publicity generated by Contractor for the Project during the Contract Time, and for one (1) year
thereafter must credit City contributions to the Project. The words “City of Cupertino” must be
displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public
service announcements, and newspaper articles. No signs may be posted or displayed on or about
City property, except signage required by law or this Contract, without prior written approval from
the City.
9. SUBCONTRACTORS
9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire
qualified subcontractors to perform up to % of the Work under any give Service Order, provided
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that each subcontractor is required by contract to be bound by the provisions of this Contract and
any applicable Service Order. Contractor must provide City with written proof of compliance with
this provision upon request.
9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work
on the Project, if City in its sole discretion determines that subcontractor’s Work falls short of the
requirements of this Contract or constitutes grounds for rejection under the Public Contract Code.
If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor’s Work
or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded
within fifteen (15) days after City accepts the Work under a particular Service Order if the Work
involves work by subcontractors.
10. RECORDS AND DAILY REPORTS
10.1 Contractor must maintain daily reports of the Work and submit them to City upon request
and at completion of Work pursuant to a Service Order. The reports must describe the Work and
specific tasks performed, the number of workers, the hours, the equipment, the weather conditions,
and any circumstances affecting performance. City will have ownership of the reports, but
Contractor will be permitted to retain copies.
10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and
updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale
must be identified for all major components of the Work, including mechanical, electrical and
plumbing work; HVAC systems; utilities and utility connections; and any other components City
determines should be included in the final drawings of the Project. Deviations from the original
drawings must be shown in detail, and the location of all main runs, piping, conduit, ductwork, and
drain lines must be shown by dimension and elevation.
10.3 Contractor must maintain complete and accurate accounting records of its Work, in
accordance with generally accepted accounting principles, which must be available for City review
and audit, kept separate from other records, and maintained for four (4) years from the date of City’s
final payment.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, volunteers, and Contractors (“Indemnitees”), through legal counsel acceptable to City,
from and against any and all liability, damages, claims, actions, causes of action, demands, charges,
losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation
and dispute resolution proceedings), of every nature, arising directly or indirectly from this Contract
or in any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties;
(b) Performance or nonperformance of the Work or of any obligations under the Contract by
Contractor, its employees, agents, servants, or subcontractors;
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(c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work
performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance
of Contractor or its subcontractors or sub-subcontractors.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept
a tender of defense upon receiving notice from City of a third-party claim, in accordance with
California Public Contract Code Section 9201. At City’s request, Contractor will assist City in the
defense of a claim, dispute, or lawsuit arising out of this Contract.
11.3 Contractor’s duties under this entire Section 11 are not limited to Contract Price, Workers’
Compensation, or other employee benefits, or the insurance and bond coverage required in this
Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity
in favor of Contractor against City or any other Indemnitee.
11.4 Contractor’s payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Contract, a purchase order or other transaction.
11.5 Contractor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this Section 11 from each and every subcontractor, or any other person or
entity involved by, for, with, or on behalf of Contractor in the performance of this Contract. Failure
of City to monitor compliance with these requirements imposes no additional obligations on City
and will in no way act as a waiver of any rights hereunder.
11.6 This Section 11 shall survive termination of the Contract.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as
Exhibit C, and must maintain the insurance for the Contract Time, or longer as required by City.
City will not execute the Contract until City approves receipt of satisfactory certificates of insurance
and endorsements evidencing the type, amount, class of operations covered, and the effective and
expiration dates of coverage. Failure to comply with this provision may result in City, at its sole
discretion and without notice, purchasing insurance for Contractor and deducting the costs from
Contractor’s compensation or terminating the Contract.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and
regulations applicable to this Contract. Contractor will promptly notify City of changes in the law
or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is
responsible for verifying the employment authorization of employees performing the Work, as
required by the Immigration Reform and Control Act.
13.2 Labor Laws.
a. The following provisions apply to any Service Order of $1,000 or more:
i. In General. For purposes of California labor law, this is a public works contract
subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections
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1720 et seq.). In accordance with Labor Code Section 1771, Contractor and all
subcontractors shall pay not less than current prevailing wage rates as determined by the
California Department of Industrial Relations (“DIR”) to all workers employed on this
project. In accordance with Labor Code Section 1815, Contractor and all subcontractors
shall pay all workers employed on this project 1 ½ the basic rate of pay for work
performed in excess specified hour limitations. The work performed pursuant to this
Contract is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
ii. Registration. Contractor and all subcontractors shall not engage in the
performance of any work under this Contract unless currently registered and qualified to
perform public work pursuant to section 1725.5 of the California Labor Code. Contractor
represents and warrants that it is registered and qualified to perform public work pursuant
to section 1725.5 of the Labor Code and will provide its DIR registration number, along
with the registration numbers of any subcontractors as required, to the City.
iii. Posting. Contractor shall post at the job site the determination of the DIR
director of the prevailing rate of per diem wages together with all job notices that are
required by regulations of the DIR.
iv. Reporting. Contractor and any subcontractors shall keep accurate payroll
records in accordance with Section 1776 of the Labor Code and shall furnish the payroll
records directly to the Labor Commissioner in accordance with the law.
v. Report on Prevailing Rate of Wages. The City has obtained the general
prevailing rate of per diem wages in the vicinity of the project for each type of worker
needed, a copy of which is on file at the City of Cupertino City Hall, and shall be made
available to any interested party upon request.
vi. Employment of Apprentices. Contractor’s attention is directed to the
provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment
of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the
Contractor to effectuate compliance on the part of itself and any subcontractors with the
requirements of said sections in the employment of apprentices. Information relative to
apprenticeship standards, wage schedules, and other requirements may be obtained from
the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch
offices.
vii. Penalties. Contractor’s attention is directed to provisions in Labor Code
Sections 1775 and 1813. In accordance with Labor Code Section 1775, Contractor and
subcontractors may be subject to penalties for Contractor’s and subcontractors’ failure
to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor
or subcontractors may be subject to penalties for Contractor’s or subcontractors’ failure
to pay overtime pay rates for hours worked by workers employed on this project in excess
specified hour limitations.
b. Contractor must compensate workers who are paid less than prevailing wages or
required to work more than a legal day’s work. Contractor will also be required to pay City a
penalty of $200.00 per worker for each day of violation.
c. As required by Labor Code Section 1861, by signing this Contract Contractor certifi es
as follows: “I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers’ compensation or to undertake self -
insurance in accordance with the provisions of that code, and I will comply with such provisions
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before commencing the work of this contract.”
13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any
other protected classification. Contractor shall comply with all anti -discrimination laws, including
Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or
any other person, by Contractor or Contractor’s employees or subcontractors will not be tolerated.
Contractor agrees to provide records and documentation to the City on request necessary to monitor
compliance with this provision.
13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants, and agents, may
not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of law,
including Government Code section 1090 and Government Code section 81000 and their
accompanying regulations. No officer, official, employee, consultant, or other agent of the City
(“City Representative”) may have, maintain, or acquire a “financial interest” in the Contract, as that
term is defined by state law, or in violation of a City ordinance or policy while serving as a City
Representative or for one year thereafter. Contractor, its employees, subcontractors, servants, and
agents warrant they are not employees of City nor do they have any relationship with City officials,
officers, or employees that creates a conflict of interest. Contractor may be required to file a conflict
of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined
in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by
City rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of this Section 13 constitutes a material breach and may result in
City suspending payments, requiring reimbursements, or terminating this Contract. City reserves all
other rights and remedies available under the law and this Contract, including the right to seek
indemnification under Section 11 of this Contract.
14. BONDS
For any Service Order of $25,000 or more, Contractor must obtain a payment bond and a
performance bond, each in the penal sum of 100% of the compensation pursuant to the Service
Order, using the Bond Forms attached and incorporated here as Exhibit D. Each bond must be
issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class
A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes
insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven
(7) calendar days after written notice from City. If Contractor fails to do so, City may in its sole
discretion and without prior notice, purchase bonds at Contractor’s expense, deduct the cost from
payments due Contractor, or terminate the Service Order or Contract. City will not authorize work
under a Service Order until the required bonds are submitted.
15. UTILITIES, TRENCHING, AND EXCAVATION
15.1 Contractor must call the Underground Service Alert (“USA”) 811 hotline and request
marking of utility locations before digging or commencing Work. For underground service alerts
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for street lighting and traffic signal conduits, City’s Service Center must be called at (408) 777-
3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it
discovers utilities or utility facilities not identified in the Contract.
15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in
writing, and wait for instructions if one of the conditions below is found at the worksite. City will
work with Contractor to amend the Contract or issue a change order if the discovered conditions
materially change the Work/Performance, Contract Time or Contract Price.
(a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and
which requires removal to a Class I, Class II, or Class III disposal site pursuant to law;
(b) Subsurface or latent physical conditions at the Project worksite differing from those
indicated by information about the worksite made available to Contractor; and
(c) Unknown physical conditions at the Project worksite of any unusual nature, materially
different from those ordinarily encountered and from those generally recognized as inherent
in the character of the Work.
15.3 For Service Orders where compensation is $25,000 or higher that require excavation or
involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval,
per Labor Code Section 6705, prior to commencing work. The plan must show the design of shoring,
bracing, sloping, and other provisions for worker protection from caving ground and other hazards.
The protective system must comply with all Construction Safety Orders. If the plan varies from
shoring system standards, it must be prepared by a registered civil or structural engineer.
16. URBAN RUNOFF MANAGEMENT
16.1 All Work must fully comply with federal, state, and local laws and regulations concerning
storm water management. Contractor must avoid creating excess dust when breaking asphalt or
concrete and during excavation and grading. If water is used for dust control, Contractor will use
only the amount of water necessary to dampen the dust. Contractor w ill take all steps necessary to
keep wash water out of the streets, gutters, and storm drains. Prior to the start of the Work,
Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and
must upgrade and maintain these controls based on weather conditions or as otherwise required by
City. These controls must be in place during the entire Contract Time and must be removed at the
end of construction and completion of the Work. Such controls must include, but will not be limited
to, the following requirements:
(a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and
block and gravel filters at all drain inlets impacted by construction. During the annual rainy
season, October 15 through June 15, storm drain inlets impacted by construction work must be
filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum
saw-cut slurry and remove from the Work site;
(b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction
materials in containers;
(c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm
drains prior to rain and at the end of each work day. When the Work is completed, wash the
streets, collect and dispose of the wash water offsite in lawful manner;
(d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff;
(e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day
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and when Work is completed. Clean up any leaks, drips, and other spills as they occur.
These requirements must be used in conjunction with the California Stormwater Quality Association
and California Best Management Practices Municipal and Construction Handbooks, local program
guidance materials from municipalities, and any other applicable documents on stormwater quality
controls for construction. Contractor’s failure to comply with this Section will result in the issuance
of noncompliance notices, citations, Work stop orders and regulatory fines.
17. PROJECT COORDINATION
City Project Manager. The City assigns Jimmy Tan as the City’s representative for all purposes
under this Contract, with authority to oversee the progress and performance of the Scope of Work.
City reserves the right to substitute another Project manager at any time, and without prior notice to
Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Juan Ortiz as its single
Representative for all purposes under this Contract, with authority to oversee the progress and
performance of the Work. Contractor’s Project manager is responsible for coordinating and
scheduling the Work in accordance with City instructions, service orders, and the Schedule of
Performance. Contractor must regularly update the City’s project manager about the status, progress
and any delays with the work. City’s written approval is required prior to Contractor substituting a
new Representative which shall result in no additional costs to City.
18. ABANDONMENT AND TERMINATION
18.1 City may abandon or postpone the Work or parts thereof at any time. Contractor will be
compensated for satisfactory Work performed through the date of abandonment and will be given
reasonable time to close out Work under a Service Order. With City’s pre-approval in writing, the
time spent in closing out Work under a Service Order will be compensated up to ten percent (10%)
of the total time expended in performing the Work.
18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be
paid for satisfactory Work rendered through the termination date and will be given reasonable time
to close out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records
documenting the Work, products, and deliverables completed.
19. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California. Venue for any legal action shall be the
Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public
Contract Code Section 20104, et seq., incorporated here by reference, apply to this Contract and
Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a
lawsuit, Contractor must comply with the claim filing requirements of the California Government
Code. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial
evidence and include detailed written findings of law and fact.
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20. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or
other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing
party will be entitled to reasonable attorney fees and costs.
21. SIGNS/ADVERTISEMENTS
No signs may be displayed on or about City’s property, except signage which is required by law or
by the Contract, without City’s prior written approval as to size, design and location.
22. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Contract.
23. WAIVER
Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract
provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
24. WARRANTY
Contractor warrants that materials and equipment used will be new, of good quality, and free from
defective workmanship and materials, and that the Work will be free from material defects not
intrinsic in the design or materials. All Work, materials, and equipment should pass to City free of
claims, liens, or encumbrances. Contractor warrants the Work and materials for one year from the
date of City’s acceptance of the Work as complete (“Warranty Period”), except when a longer
guarantee is provided by a supplier, manufacturer or is required by this Contract. During the
Warranty Period, Contractor will repair or replace any Work defects or materials, including damage
that arises from Contractor’s Warranty Work, except any wear and tear or damage resulting from
improper use or maintenance.
25. ENTIRE AGREEMENT
This Contract and the attachments, documents, and statutes attached, referenced, or expressly
incorporated herein, including authorized amendments or change orders constitute the final and
complete contract between City and Contractor with respect to the Work and the Project. No oral
contract or implied covenant will be enforceable against City. If there is any inconsistency between
any term, clause, or provision of the main Contract and any term, clause, or provision of the
attachments or exhibits thereto, the terms of the main Contract shall prevail and be controlling.
26. SEVERABILITY/PARTIAL INVALIDITY
If a court finds any term or provision of this Contract to be illegal, invalid, or unenforceable, the
legal portion of said provision and all other contract provisions will remain in full force and effect.
27. SURVIVAL
The contract provisions which by their nature should survive the Contract or Completion of Project,
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including without limitation all provisions regarding warranties, indemnities, payment obligations,
insurance, and bonds, shall remain in full force and effect after the Work is completed or Contract
ends.
28. INSERTED PROVISIONS
Each provision and clause required by law for this Contract is deemed to be included and will be
inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of
required provisions. The Parties will collaborate to implement this Section, as appropriate.
29. HEADINGS
The headings in this Contract are for convenience only, are not a part of the Contract and in no
way affect, limit, or amplify the terms or provisions of this Contract.
30. COUNTERPARTS
This Contract may be executed in counterparts, each of which is an original and all of which taken
together shall form one single document.
31. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be
considered effective on the date of personal delivery or the date confirmed by a reputable overnight
delivery service, on the fifth (5th) calendar day after deposit in the United States Mail, postage
prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Jimmy Tan
Email: JimmyT@cupertino.org
To Contractor:
West Coast Arborists, Inc.
2200 E. Via Burton
Anaheim, CA 92806
Attention: Juan Ortiz
Email: jortiz@wcainc.com
32. EXECUTION
The persons signing below warrant they have the authority to enter into this Contract and to legally
bind their respective Parties. If Contractor is a corporation, signatures from two officers of the
corporation are required pursuant to California Corporations Code Section 313. This Contract may
be executed in counterparts, each one of which is deemed an original and all of which, taken
together, constitute a single binding instrument.
On-Call Tree Maintenance Services
On-Call Public Works Contract/ July 2022
Page 12 of 12
IN WITNESS WHEREOF, the parties have caused the Contract to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
Name
Title
Date
WEST COAST ARBORISTS, INC.
By
Name
Title
Date
APPROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
KIRSTEN SQUARCIA
City Clerk
Date
Pat Mahoney
President
Mar 11, 2023
Christopher D. Jensen
Matt Morley
Assistant City Manager
Apr 18, 2023
Apr 18, 2023
EXHIBIT A
SCOPE OF WORK
The scope of contracted work shall consist of pruning, removal, stump grinding, and
other maintenance of trees, along street corridors, and throughout parks, open spaces
and facilities within the City of Cupertino, hereafter referred to as the City. Work shall
be administered and approved by representatives of the Department of Public Works.
1. GENERAL REQUIREMENTS
A. Contractor shall be aware of and shall comply with the City Codes
governing tree work, traffic control and any other regulations that
may affect operations.
B. The Contractor shall furnish all labor, tools, equipment, materials,
and supervision necessary to perform the pruning, removal of trees,
stump grinding and other arboriculture related services as described
in this section, in accordance with these specifications and subject to
the terms and conditions of the contract.
C. All work performed by Contractor shall conform to the latest
International Society of Arboriculture (ISA), The American National
Standard for Tree Pruning (ANSI A300) and specifications listed
herein. Contractor shall comply with Standards of CAL-OSHA and
the American National Standard Institute, Z133 Safety Requirements.
D. Contractor shall exercise precautions as necessary when working
adjacent to aerial and subterranean utilities. In the event that aerial
utility wires present a hazard to the Contractor’s personnel or others
near the work site, work is to immediately cease, and the appropriate
utility company notified. In the event that work requires excavation,
the Contractor is responsible for appropriate notification of
Underground Service Alert (USA).
E. Contractor shall staff each project work site with a Supervisor who
holds a current International Society of Arboriculture (ISA) Certified
Arborist Credential. All Supervisors shall possess adequate technical
background to ensure that all work is accomplished in compliance
with applicable codes and regulations. All Contractor personnel
engaged in the actual tree pruning shall hold, at minimum, a current
ISA Certified Tree Worker credential. All other personnel (e.g. ground
workers, traffic control staff) shall have sufficient training so as to be
capable of performing their functions in a safe and proficient manner.
F. The Contractor shall comply with all local sound control and noise
level rules, regulations, and ordinances. No internal combustion
engine shall operate on the project without a muffler of the type
recommended by the manufacturer. Should any muffler or other
control device sustain damage, the Contractor shall promptly
remove the equipment and shall not return said equipment to the
job until the device is repaired or replaced. Said noise and
vibration level requirements shall apply to all equipment on the
job or related to the job, including, but not limited to truck, transit
mixers or transit equipment that may or may not be owned by the
Contractor.
G. Contractor shall comply with all air pollution control rules,
regulations, ordinances, and statues. The Contractor shall comply
with the provisions of the Clean Air Act, as amended (42 W.S.C.
1957 et seq.) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251 et. Seq.) and the regulations there under
(40 C.F.R. part 15).
H. The Contractor shall follow the appropriate best management
practices contained in the California Storm Water Best
Management Practice Handbook, which is available from the
Santa Clara Valley Water District Non-Point Source Program.
I. Upon completion of the scheduled work or at the end of the day,
whatever occurs first, the Contractor shall clean all the streets and
grounds occupied by Contractor in connection with the project, of
all rubbish, debris, excess material, temporary structures, and
equipment, leaving the entire site of the work in a neat and
presentable condition. All cleanup and disposal cost shall be
included as part of this contract at no additional cost to the City.
J. The Contractor will be responsible for providing, placing and
maintaining approved signs, barricades, pedestals, flashers,
delineators, fences, barriers and flagmen where needed, and other
necessary facilities in the vicinity of the maintenance area and
where any dangerous conditions may be encountered as a result
thereof, for the protection of the motoring public. The Contractor
will not be allowed to proceed with the work until such time that
a sufficient number of these protection devices have been
delivered to the project site and placed on site for use.
K. Where parked vehicles are likely to interfere with the proposed
work, the Contractor will supply and post at no less than 200'
intervals on each side of the street “Temporary No Parking” signs
72 hours before the start of construction and to report the time of
posting to the Sheriff’s Department for the purpose of establishing
“Tow Away” provisions. The Contractor shall be responsible for
the removal of the temporary signs upon the completion of the
Work. All signs shall be kept graffiti free at all times.
L. Should the Contractor appear neglectful in furnishing warning
and protection devices as outlines above, the Director of Public
Works or his/her designee may direct attention to the existence of
a hazard and the necessity of additional or different measures
which shall be furnished and installed by the Contractor at
Contractor’s own expense, free of any cost to the City. Should the
Contractor refuse or fail to act in a timely manner to correct a
hazardous condition, the Director of Public Works or his/her
designee may direct City forces to provide the necessary
protective and warning devices as deemed appropriate by the
Director of Public Works or his/her designee. The cost accrued by
the City in connection therewith will be deducted from the
Contractor’s contract payment. Any action or inaction on the part
of the City in directing attention to the inadequacy of warning and
protective measures or in providing additional protective warning
devices shall not relieve the Contractor from responsibility for
public safety or abrogate Contractor’s obligation to furnish and
pay for these devices.
M. The Contractor shall submit any and all work schedules and/or
traffic control plans to the Director of Public Works or his/her
designee for approval as needed.
N. Existing improvements in areas adjoining the property whereon
tree pruning work is being performed shall be protected from
injury or damage resulting from operations of the Contractor.
2. TREE PRUNING
All trimming/maintenance work shall be accordance with pruning
standards as established by the latest edition of the International Society
of Arboriculture Western Chapter. In all cases, the Director of Public
Works or his/her designee shall have complete and sole discretion in
determining conformance and acceptability of trees trimmed by the
Contractor.
Maintenance pruning of trees is based on tree species, growth
characteristics, tree form, tree condition, and tree structure. Tree
evaluation before pruning determines what pruning must be performed
to achieve or enhance a tree’s structural integrity, appearance, or desired
size. City trees are pruned to raise for clearance to reduce its size and to
restore after damage to tree has occurred.
The specific techniques employed shall be consistent with industry
practices for the size and species of the tree being trimmed. All dead,
broken, damaged, loose, diseased or insect infested limbs, branches and
stubs shall be removed. Small limbs, including suckers and waterspouts,
shall be cut close to the trunk or branch from which they arise. Branches
that are developing in a manner as to become larger than the limbs they
originate from shall be removed. When encountering limbs that are
weighted with more foliage than the limb is likely to support, selectively
prune branches toward the end of the limb in order to reduce end weight
and thus decrease the likelihood of limb failure. All cuts shall be made
just outside the branch collar to the parent stem so that the wound closure
can readily start under normal conditions.
Final pruning cuts shall be made in such a manner so as to favor the
earliest possible covering of the wound by natural callus growth.
Excessively deep flush cuts, which produce large wounds or weaken the
tree at the cut, shall not be made. The branch collar should be removed.
All limbs 2” or greater shall be undercut to prevent splitting. The
remaining limbs and branches shall not be split or broken at the cut. All
crossed or rubbing limbs shall be removed unless approved by the
Director of Public Works or his/her designee.
Contractor shall consult the Director of Public Works or his/her designee
before making any cuts that could result in permanent disfigurement of
the structure of any tree. If Contractor is, at any time, unclear on what
course of action to follow in the field, Contractor shall consult with the
Director of Public Works or his/her designee.
a. Contractor shall comply with Standards of CAL-OSHA and the
American National Standard Institute Safety Requirements.
b. The Contractor shall exercise precautions as necessary when working
adjacent to aerial and subterranean utilities. In the event that aerial
utility wires present a hazard to the Contractor’s personnel or others
near the work site, work is to immediately cease, and the appropriate
utility company notified. Work shall then commence in accordance
with instructions from the utility company. In the event that work
causes excavation, Contractor is responsible for appropriate
notification of Underground Service Alert (USA).
c. No hooks, gaffs, spurs or climbers will be used by anyone employed
for such trimming. Any vine plant growing on trees shall be removed
at ground level.
d. Final pruning cuts shall be made without leaving stubs. Cuts shall be
made in a manner to promote fast callous growth.
e. Contractor shall maintain at least one (1) English speaking arborist,
on-site, at all times.
f. When trimming fungus, disease or fire blight infected limbs or fronds,
all pruning tools shall be cleaned after each cut with alcohol or bleach.
g. Topping shall not be done without prior approval of the City.
Specifications for Complete Trim
a. Low branches overhanging streets shall be removed, where practical,
to a minimum height above the street grade to fifteen feet (15'). Low
branches overhanging sidewalks and parkway shall be removed to a
minimum height of seven feet (7') and without detracting from the
natural shape of the tree.
b. Shorten the length of limbs which extend beyond the natural
perimeter of an otherwise symmetrical form.
c. Prune end branches to lighten end weight where such overburden
appears likely to cause breakage of limbs. Remove cross limbs, water
sprouts and suckers. Remove or subordinate competing central
leaders as appropriate.
d. All trees on which vines are growing shall have said vines removed.
Vine tendrils shall be removed in a manner which will not injure trees
or cause scaring of low branches and tree trunks.
e. Young trees shall be structurally pruned in accordance with Ansi A-300
Best management practices for Pruning.
3. TREE REMOVAL
Specifications for Complete Tree Removal
a. The trees to be removed will be marked in a manner determined by the
Director of Public Works or his/her designee. Only those trees so
marked shall be removed by the Contractor.
b. Trees shall be felled in a manner consistent with industry practices with
the primary emphasis on the safety of the public and the protection of
adjacent property. At no time shall branches, limbs or tree trunks be
allowed to freefall and create damage of any type.
c. Cranes and other rigging equipment shall be properly certified, with
evidence of such available for inspection prior to use of said equipment
in City of Cupertino. Crane operators shall be certified by the National
Commission for the Certification of Crane Operators (NCCCO) and
shall be prepared to display current certification prior to operating a
crane in the City. The use of cranes and certified crane operators shall
not result in additional charges to the City.
d. While loading and handling debris, the Contractor shall maintain
control at all times so as not to result in damage to the public rights of
way or private property. In addition, the Contractor shall not drop logs
or trunks so as to create undue noise or impact shock disturbances or
damages to public and/or private property.
e. Removal of entire tree, stump remaining shall be no higher than four
(4) inches above soil grade and shall be removed within 48 hours after
tree removal.
f. Work shall begin within 10 days after each request and be diligently
pursued until completion.
g. Contractor shall make all arrangements necessary to have power or
utility lines temporarily disconnected, if necessary, for the safe removal
of the tree.
h. When the removal requires special or additional means, there shall be
no additional units or overall cost to the City without the authorization
of the Director of Public Works or his/her designee.
4. STUMP REMOVAL
Specifications for stump and surface root removal:
Stumps shall be ground to a minimum of twelve (12”) inches below the
level of the adjacent ground. Holes shall be filled with resulting mulch
and raked level with the adjacent ground. For larger tree removals, the
Contractor shall grind an additional twelve (12) inches around the
circumference of the removed trunk, or import soil as needed to till into
backfill in order to attain even grade with the adjacent ground. All
wood, debris and excess mulch shall be removed, and the surrounding
area shall be raked and /or swept clean.
NOTE: If stump grinding does not follow within the same workday as
removal, a safety barricade shall be placed and maintained over the
stump until the stump grinding is complete.
The Contractor shall be responsible for contacting Underground Service
Alert for the locating of underground utilities prior to stumping
operations. The Contractor is also responsible for identifying the
location of all public and private property landscape irrigation prior to
the removal of a tree and its roots. The Contractor shall be responsible
for the repair of any private property irrigation system components that
are damaged during a tree removal or stump grinding. Repairs should
be made using components matching those that were damaged.
All lateral surface roots shall be removed to a depth of 8 inches (8") below
grade. When sidewalk is present, remove all surface roots between the
curb and sidewalk. When no sidewalk is present, remove surface roots.
Backfill material shall be compacted to provide for minimal settling. It
shall consist of an equal mixture of soil and stumped material which shall
be three (3) inches above grade to provide for any soil settlement.
5. GROWTH REGULATOR APPLICATION
If requested, the Contractor shall apply all herbicides and chemicals in
accordance with law. The Contractor shall use legally approved herbicides
and chemicals in proportions to the manufacturer’s recommendations.
The instructions on the label shall be followed explicitly and special care
shall be exercised in application. When spraying, special care shall be
exercised to prevent unnecessary discomfort to the people in the area.
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MA Date:Master Agreement Contract #:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact: Ph:
Project Name:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
and Compensation
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/Budget :
SO Acc't #:PO #:
Project #:Date:
Approvals Signatures:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature
City Finance:Date:
Encumbrance this Service Order:
MA End Date:
Consultant/
Contractor
Manager/
Supervisor:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
City of Cupertino Master Agreement Service Order 191002
Exhibit B
n
Choose
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 1
Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of
the Project, insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (“CGL”): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an
“occurrence” basis, written on a comprehensive general liability form, and must include coverage for liability
arising from Contractor’s or Subcontractor’s acts or omissions, including Contractor’s protected coverage,
blanket contractual, products and completed operations, vehicle coverage and employer’s non-ownership liability
coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all
liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general
aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG
25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
a. 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 made available to the
Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader
coverage and maximum limits of coverage of any insurance policy, whichever is greater.
b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek
contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO CG 20 10 04 13
c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a
primary basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to
protect City as a named insured.
2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then
hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers’ Compensation: As required by the State of California, with Statutory Limits, and Employer’s
Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by
statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly
authorized by the DIR.
☐ N/A if box checked (Contractor provides written verification it has no employees).
4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000
aggregate.
☒ N/A if box checked (Contract is not design/build)..
5. Builder’s Risk. Course of Construction insurance utilizing an “All Risk” (Special Perils) coverage form, with
limits equal to the completed value of the project and no coinsurance penalty provisions.
ON-CALL PUBLIC WORKS CONSTRUCTION CONTRACTS
Insurance Requirements: Exhibit C
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 2
☒ N/A if box checked (Project does not involve construction or improvements/installations to property).
6. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits
no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
☒ N/A if box checked (Project does not involve environmental hazards)
If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and
shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City’s option, either:
(1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered
as additional insureds on the CGL and automobile liability policies with respect to liability arising out of the Services
performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL
coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG
20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used.
Primary Coverage
For any claims related to this Project, Contractor’s insurance coverage shall be “primary and non-contributory” and
at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall
not seek contribution from City’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess
Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a “primary and non-contributory” basis for the benefit of City.
Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each
certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled
or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums,
in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified
mail and addressed to the attention of the City Manager.
Builder’s Risk
Contractor may submit Builder’s Risk insurance in the form of Course of Construction coverage, which shall name
the City as a loss payee, as its interest may appear. The Builder’s Risk policy must be issued on an occurrence basis,
for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance
penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting
in its sole discretion, to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property
Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing
buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any
Insurance Requirements for On-Call Public Works Construction Contracts Version: Jan. 2021 3
building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the
Work, including during transit, installation, and testing at the City’s site.
Waiver of Subrogation
Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation
it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be
necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of
subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
Acceptability of Insurers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each
insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received
and approved by the City before work commences. The City reserves the right to require complete, certified copies of
all required insurance policies, including endorsements, required by these specifications, at any time.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For
CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety Bonds
As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a
sum equal to the applicable Service Order Price. If the Performance Bond provides for a one-year warranty a separate
Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a
Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible
corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent
with an office in California.
Special Risks or Circumstances
City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage,
or other circumstances.
1325217.1
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1
CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
06/27/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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).
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.
PRODUCER
Aon Risk Insurance Services West, Inc.
Los Angeles CA Office
707 Wilshire Boulevard
Suite 2600
Los Angeles CA 90017-0460 USA
PHONE
(A/C. No. Ext):
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 38318Starr Indemnity & Liability CompanyINSURER A:
16109Starr Specialty Insurance CompanyINSURER B:
INSURER C:
INSURER D:
INSURER E:
INSURER F:
FAX
(A/C. No.):(800) 363-0105
CONTACT
NAME:
West Coast Arborists, Inc.
2200 E Via Burton
Anaheim CA 92806 USA
COVERAGES CERTIFICATE NUMBER:570094093881 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL
INSD POLICY NUMBER TYPE OF INSURANCE LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$1,000,000
$5,000
$2,000,000
$4,000,000
$4,000,000
A 07/01/2022 07/01/20231000100141221
PRO-
JECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$2,000,000A07/01/2022 07/01/2023 COMBINED SINGLE LIMIT
(Ea accident)
1000198198221
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
UMBRELLA LIAB
RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X OTH-
ER
PER STATUTEB07/01/2022 07/01/2023
Workers Comp CA
SIR applies per policy terms & conditions
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?N / AN
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$1,000,000
1000004228
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are included as Additional
Insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability
policy evidenced herein are Primary and Non-Contributory to other insurance available to an Additional Insured, but only in
accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of the City of Cupertino, its City
Council, officers, officials, employees, agents, servants and volunteers in accordance with the policy provisions of the
General Liability and Workers Compensation policies.
CANCELLATIONCERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVECity of Cupertino
10300 Torre Avenue
Cupertino CA 95014 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE
POLICY PROVISIONS.
AGENCY CUSTOMER ID:
ADDITIONAL REMARKS SCHEDULE
LOC #:
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance
EFFECTIVE DATE:
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSUREDAGENCY
See Certificate Number:
See Certificate Number:
570094093881
570094093881
Aon Risk Insurance Services West, Inc.
570000083713
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD
certificate form for policy limits.
INSURER
INSURER
INSURER
INSURER
INSURER(S) AFFORDING COVERAGE
Page _ of _
NAIC #
West Coast Arborists, Inc.
TYPE OF INSURANCE
POLICY NUMBER LIMITS
WORKERS COMPENSATION
A 1000004229 07/01/2022 07/01/2023
Workers Comp AZ
N/A
ADDL
INSD
INSR
LTR
SUBR
WVD
POLICY
EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY
EXPIRATION
DATE
(MM/DD/YYYY)
SIR applies per policy terms & conditions
ACORD 101 (2008/01)© 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
COMMERCIAL GENERAL LIABILITY
CG 20 10 04 13POLICY NUMBER: 1000100141221
Effective: 07/01/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
A. Section II – Who Is An Insured is amended to 1.All work,including materials,parts or
include as an additional insured the person(s) or equipment furnished in connection with such
organization(s) shown in the Schedule, but only work,on the project (other than service,
with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or
damage"or "personal and advertising injury"on behalf of the additional insured(s) at the
caused, in whole or in part, by:location of the covered operations has been
completed; or1.Your acts or omissions; or
2.That portion of "your work" out of which the2.The acts or omissions of those acting on your injury or damage arises has been put to itsbehalf;intended use by any person or organizationin the performance of your ongoing operations for other than another contractor or subcontractortheadditionalinsured(s)at the location(s)engaged in performing operations for adesignated above.principal as a part of the same project.
However:C.With respect to the insurance afforded to these1.The insurance afforded to such additional additional insureds, the following is added toinsured only applies to the extent permitted by Section III – Limits Of Insurance:law; and If coverage provided to the additional insured is2.If coverage provided to the additional insured is required by a contract or agreement, the most werequiredbyacontractoragreement,the will pay on behalf of the additional insured is theinsurance afforded to such additional insured amount of insurance:will not be broader than that which you are
required by the contract or agreement to 1.Required by the contract or agreement; orprovide for such additional insured.2.Available under the applicable Limits of
Insurance shown in the Declarations;B.With respect to the insurance afforded to these
additional insureds,the following additional whichever is less.
exclusions apply:This endorsement shall not increase the
This insurance does not apply to "bodily injury" or applicable Limits of Insurance shown in the
"property damage" occurring after:Declarations.
CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
Name Of Additional Insured Person(s) Or
Organization(s):Location(s) Of Covered Operations
Where Required By Written Contract Where Required By Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13POLICY NUMBER: 1000100141221
Effective: 07/01/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
A. Section II – Who Is An Insured is amended to required by the contract or agreement to
provide for such additional insured.include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only B.With respect to the insurance afforded to thesewithrespecttoliabilityfor"bodily injury"or additional insureds, the following is added to"property damage" caused, in whole or in part, by Section III – Limits Of Insurance:"your work"at the location designated and
described in the Schedule of this endorsement If coverage provided to the additional insured isperformed for that additional insured and included required by a contract or agreement, the most wein the "products-completed operations hazard".will pay on behalf of the additional insured is the
amount of insurance:However:
1.Required by the contract or agreement; or1.The insurance afforded to such additional
insured only applies to the extent permitted by 2.Available under the applicable Limits oflaw; and Insurance shown in the Declarations;
2.If coverage provided to the additional insured is whichever is less.required by a contract or agreement,the This endorsement shall not increase the applicableinsurance afforded to such additional insured Limits of Insurance shown in the Declarations.will not be broader than that which you are
CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
Name Of Additional Insured Person(s) Or
Organization(s):
Location And Description Of Completed
Operations
Where Required By Written Contract Where Required By Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
POLICY NUMBER: 1000198198221 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FORCOVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage
under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage
provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Named Insured:
Endorsement Effective Date: 07/01/2022
SCHEDULE
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies
as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1.of Section II –
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I – Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1
Name Of Person(s) Or Organization(s):
Where required by written contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
West Coast Arborists, Inc.
Dallas, TX 1-866-519-2522
Primary and Non-Contributory Condition
Effective Date: July 1, 2022 at 12:01 A.M.Policy Number: 1000100141221
Named Insured: West Coast Arborists, Inc.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. SECTION IV – CONDITIONS, condition 4. Other Insurance is amended as follows:
1.The following is added to paragraph 4.a. of the Other Insurance condition:
This insurance is primary insurance as respects our coverage to the additional insured, where the written
contract or written agreement requires that this insurance be primary and non-contributory. In that
event, we will not seek contribution from any other insurance policy available to the additional insured
on which the additional insured is a Named Insured.
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED.
Signed for STARR INDEMNITY & LIABILITY COMPANY
Steve Blakey, President Nehemiah E. Ginsburg, General Counsel
OG 107 (04/11) Page 1 of 1
Copyright © C. V. Starr & Company and Starr Indemnity & Liability Company. All rights reserved.
Includes copyrighted material of ISO Properties, Inc., used with its permission.
COMMERCIAL GENERAL LIABILITY
CG 20 12 04 13POLICY NUMBER: 1000100141221
Effective: 07/01/2022
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – STATE OR GOVERNMENTAL
AGENCY OR SUBDIVISION OR POLITICAL
SUBDIVISION – PERMITS OR AUTHORIZATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
a."Bodily injury","property damage"orA. Section II – Who Is An Insured is amended to "personal and advertising injury" arising outinclude as an additional insured any state or of operations performed for the federalgovernmental agency or subdivision or political government, state or municipality; orsubdivision shown in the Schedule, subject to the
following provisions:b."Bodily injury"or "property damage"
included within the "products-completed1.This insurance applies only with respect to operations hazard".operations performed by you or on your behalf
for which the state or governmental agency or B.With respect to the insurance afforded to these
subdivision or political subdivision has issued a additional insureds, the following is added to
permit or authorization.Section III – Limits Of Insurance:
However:If coverage provided to the additional insured is
required by a contract or agreement, the most wea.The insurance afforded to such additional will pay on behalf of the additional insured is theinsured only applies to the extent permitted amount of insurance:by law; and
1.Required by the contract or agreement; orb.If coverage provided to the additional
insured is required by a contract or 2.Available under the applicable Limits of
agreement, the insurance afforded to such Insurance shown in the Declarations;
additional insured will not be broader than whichever is less.that which you are required by the contract This endorsement shall not increase theor agreement to provide for such additional applicable Limits of Insurance shown in theinsured.Declarations.2.This insurance does not apply to:
CG 20 12 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
State Or Governmental Agency Or Subdivision Or Political Subdivision:
Where Required By Written Contract
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
y:
07/01/2022 100 0004228
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
(Ed. 04-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (This agreement applies only to the extent that
you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
2.0% of the California workers' compensation premiumThe additional premium for this endorsement shall be
otherwise due on such remuneration.
Schedule
Person or Organization Job Description
Where required by contractAny person or organization to whom you become obligated to waive
your rights of recovery against, under any contract or agreement you
enter into prior to the occurrence of loss.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective: Policy No.: Endorsement No.:
Insured: W e s t C o a s t A r b o ri s ts , In c.Premium:
Insurance Company: S t ar r S p e ci a lt y & L ia bili ty C o m p a n y Countersigned by
WC 04 03 06
Page 1 of 1(Ed. 04-84)
West Coast Arborist for On-Call Tree
Maintenance Services
Final Audit Report 2023-04-18
Created:2023-04-14
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAv1Ws_SEL0-b_FEYjP8t1CnCdPWVTT-RP
"West Coast Arborist for On-Call Tree Maintenance Services" Hi
story
Document created by City of Cupertino (webmaster@cupertino.org)
2023-04-14 - 3:40:25 PM GMT- IP address: 35.229.54.2
Document emailed to Julia Kinst (juliak@cupertino.org) for approval
2023-04-14 - 3:42:21 PM GMT
Document approved by Julia Kinst (juliak@cupertino.org)
Approval Date: 2023-04-14 - 3:43:22 PM GMT - Time Source: server- IP address: 216.198.111.214
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2023-04-14 - 3:43:24 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2023-04-18 - 0:16:24 AM GMT - Time Source: server- IP address: 73.170.27.253
Document emailed to christopherj@cupertino.org for signature
2023-04-18 - 0:16:26 AM GMT
Email viewed by christopherj@cupertino.org
2023-04-18 - 3:09:01 AM GMT- IP address: 104.28.123.98
Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen
2023-04-18 - 3:09:32 AM GMT- IP address: 174.249.155.122
Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2023-04-18 - 3:09:34 AM GMT - Time Source: server- IP address: 174.249.155.122
Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature
2023-04-18 - 3:09:36 AM GMT
City of Cupertino (webmaster@cupertino.org) added alternate signer Matt Morley (mattm@cupertino.org). The
original signer Pamela Wu (pamelaw@cupertino.org) can still sign.
2023-04-18 - 3:19:41 PM GMT- IP address: 216.198.111.214
Document emailed to Matt Morley (mattm@cupertino.org) for signature
2023-04-18 - 3:19:41 PM GMT
Email viewed by Matt Morley (mattm@cupertino.org)
2023-04-18 - 3:20:29 PM GMT- IP address: 64.165.34.3
Document e-signed by Matt Morley (mattm@cupertino.org)
Signature Date: 2023-04-18 - 3:21:36 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
2023-04-18 - 3:21:37 PM GMT
Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
2023-04-18 - 3:36:24 PM GMT- IP address: 104.47.73.126
Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2023-04-18 - 3:36:33 PM GMT - Time Source: server- IP address: 162.245.20.145
Agreement completed.
2023-04-18 - 3:36:33 PM GMT
Names and email addresses are entered into the Acrobat Sign service by Acrobat Sign users and are unverified unless otherwise noted.
