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19-170 Amendment #6 dated 3-10-25 West Coast Arborists for On call arborist services1 SIXTH AMENDMENT TO AGREEMENT 19-170 BETWEEN THE CITY OF CUPERTINO AND WEST COAST ARBORISTS, INC. FOR ON CALL ARBORIST SERVICES This Sixth Amendment to Agreement 19-170 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and West Coast Arborists, Inc., a Corporation (“Contractor”) whose address is 2200 E. Via Burton, Anaheim, CA 92806, and is made with reference to the following: RECITALS: A. On October 16, 2019, Agreement 19-170 (“Original Agreement”) was entered into by and between City and Contractor for on call arborist services. B. On June 22, 2021, City and Contractor entered into a First Amendment to the Agreement. C. On March 29, 2022, City and Contractor entered into a Second Amendment to the Agreement. D. On July 27, 2022, City and Contractor entered into a Third Amendment to the Agreement. E. On March 01, 2023, City and Contractor entered into a Fourth Amendment to the Agreement. F. On April 17, 2024, City and Contractor entered into a Fifth Amendment to the Agreement. G. The Original Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment and Fifth Amendment are collectively referred to as the “Agreement” unless otherwise indicated. H. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 4 of the Agreement is modified to read as follows: 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services a total amount that will be based upon actual costs but that will be capped so as not to exceed $95,000 (“Contract Price”), based upon the Scope of Services in Exhibit A-2 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. 4.2 Per Service Order. Compensation for Services 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. Except as otherwise provided in a Purchase Order, monthly invoices must state a description of the deliverables completed and the amount due for the 2 preceding month. Thirty days prior to expiration of the Agreement, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Noncompliance with this requirement relieves City of any further payment or other obligations under the Agreement. 2. Exhibit A-1 of the Agreement is replaced with a new Exhibit A-2 attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM Interim City Attorney ATTEST: City Clerk Date: WEST COAST ARBORISTS, INC. By Title Date Patrick Mahoney President 03/10/2025 Benjamin Fu Director of Community Development 03/10/2025 Kirsten Squarcia 03/10/2025 3 EXPENDITURE DISTRIBUTION Item PO Number Amount FY19-20 2020-434 $10,000 FY20-21 2021-090 $10,000 1st Amendment 2021-090 $5,000 FY21-22 2022-154 $10,000 2nd Amendment 2022-154 $10,000 3rd Amendment 2022-154 $20,000 4th Amendment 2024-171 $10,000 5th Amendment 2024-171 $10,000 6th Amendment 2024-171 $10,000 Total $95,000 JOB LOCATION Various Locations within City of Cupertino SCOPE OF WORK Consulting arborist services as directed by city staff. CUSTOMER INFORMATION Main Contact Billing Contact EMI SUGIYAMA EMI SUGIYAMA CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 408.777.3205 EmiS@cupertino.org CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 408.777.3205 EmiS@cupertino.org Inventory Needed Link Funds to Job #Purchase Order #DIR Project ID # No 83594 463536 DESCRIPTIONQTY U/M UNIT PRICE TOTAL Review Removal Permit - 1 hr min Man Hour $178.00 $0.00 Report Writing - 3 hr min Man Hour $178.00 $0.00 Project Inspection - 3 hr min Man Hour $178.00 $0.00 Meeting with Staff/Contractor Man Hour $178.00 $0.00 Presentation - 2 hr min Man Hour $178.00 $0.00 Planting Recommendations Man Hour $178.00 $0.00 Emergency Response Consultation Man Hour $178.00 $0.00 Laboratory Testing - cost + 15%Each $1.00 $0.00 $0.00GRAND TOTAL: COMMENTS Budget to be increased by $10,000 for additional services as required by city staff. WEST COAST ARBORISTS, INC. 390 Martin Avenue Santa Clara, CA 95050  408.855.8660 Phone 408.844.8606 Fax WCAINC.COM Proposal # 94924 PROPOSAL FOR TREE MAINTENANCE SERVICESPROPOSAL FOR TREE MAINTENANCE SERVICES Printed on: 2/20/2025 10:26:44 AM Page 1 of 2 CONTINUED EXHIBIT A-2 DISCLAIMER: West Coast Arborists, Inc. ensures the quality of work performed, however, we do not ensure the agency's entire tree population from failure. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances. The controlling authority must manage trees and accept some degree of risk. Only work identified in the scope of the proposal and in the contract line item is included in our quote or invoice. All work will be completed in accordance with ANSI A300 standards. Price reflects payment under prevailing wage rates under the wage determination: Tree Maintenance Laborer and report of certified payroll to the Department of Industrial Relations as applicable in accordance with state labor laws. PROPOSAL IS VALID FOR 90 DAYS. CA Contractors License 366764 Federal Tax ID: 95-3250682 CA DIR Registration 1000000956 JUAN ORTIZ 02/20/25 ESTIMATED BY TITLE DATE DATETITLEACCEPTED BY AREA MANAGER WEST COAST ARBORISTS, INC. 390 Martin Avenue Santa Clara, CA 95050  408.855.8660 Phone 408.844.8606 Fax WCAINC.COM Proposal # 94924 PROPOSAL FOR TREE MAINTENANCE SERVICESPROPOSAL FOR TREE MAINTENANCE SERVICES Printed on: 2/20/2025 10:26:44 AM Page 2 of 2 AB C D E H J K O R S T Ho l d e r I d e n t i f i e r : 77 7 7 7 7 7 7 0 7 0 7 0 7 0 0 0 7 7 7 6 3 6 1 6 0 6 5 5 5 3 3 3 0 7 6 2 7 1 6 4 4 6 2 0 5 4 5 7 7 0 7 4 5 3 1 3 6 7 6 2 4 0 6 2 1 0 0 7 3 7 5 0 5 7 6 0 5 7 3 3 1 0 3 0 7 2 6 1 5 4 4 4 2 0 7 6 4 5 1 3 0 7 5 6 6 4 1 5 3 7 2 6 7 4 5 5 2 0 7 5 2 2 6 3 3 1 7 2 0 7 6 3 3 0 0 7 7 2 2 4 1 5 5 3 6 4 5 2 3 1 2 0 7 3 0 4 0 1 1 3 5 0 2 7 2 1 1 2 0 7 7 7 2 7 2 5 2 0 2 5 7 7 3 1 1 0 7 7 7 7 7 7 7 0 7 0 0 0 7 0 7 0 0 7 66 6 6 6 6 6 6 0 6 0 6 0 6 0 0 0 6 2 6 0 6 4 6 6 2 0 4 4 4 6 2 0 0 6 2 2 2 0 2 4 2 4 0 2 4 0 0 0 0 0 6 2 2 0 0 0 6 0 6 2 0 4 0 0 2 0 0 6 0 2 2 2 2 6 2 4 0 2 4 0 0 2 2 0 6 2 0 2 0 0 4 2 6 2 0 6 0 0 0 0 0 6 2 2 0 2 0 6 2 6 0 0 4 0 2 2 0 0 6 0 0 2 2 2 6 2 6 0 2 4 2 2 0 0 0 6 0 0 0 2 0 4 2 6 2 2 4 2 0 0 0 0 6 0 0 2 2 2 6 0 6 0 2 2 2 6 0 0 0 6 6 6 4 6 0 6 2 2 4 0 6 6 4 4 4 0 6 6 6 6 6 6 6 0 6 0 0 0 6 0 6 0 0 6 Ce r t i f i c a t e N o : 5 7 0 11 1 2 1 8 5 9 5 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/05/2025 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-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 19682Hartford Fire Insurance Co.INSURER A: 36056Navigators Specialty Insurance CompanyINSURER B: INSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: West Coast Arborists, Inc. 2200 E Via Burton Anaheim CA 92806 USA COVERAGES CERTIFICATE NUMBER:570111218595 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)SUBRWVDINSR 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 X GEN'L AGGREGATE LIMIT APPLIES PER: $2,000,000 $1,000,000 $2,000,000 $4,000,000 $4,000,000 A 07/01/2024 07/01/2025YY SIR applies per policy terms & conditions 72ECSS89301 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) $2,000,000A07/01/2024 07/01/2025YY COMBINED SINGLE LIMIT (Ea accident)72 CSE S89302 EXCESS LIAB X OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED $5,000,000 $5,000,000 07/01/2024UMBRELLA LIABB 07/01/2025SE24EXCZ059NKIC RETENTION X E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $2,000,000 X OTH-ERPER STATUTEA07/01/2024 07/01/2025 Workers Comp AZ CA,TX $2,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED?N / A Y N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $2,000,000 72WNS89300 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 and Automobile Liability policies 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, Automobile Liability and Workers' Compensation policies. General Liability SIR: $500,000.; Excess/Umbrella SIR: $0; Worker's Compensation Deductible: $350,000, Comp./Coll. Deductible: Automobile Liability: 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. $250,000. FORM TITLE:FORM NUMBER: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ADDITIONAL REMARKS EFFECTIVE DATE: CARRIER NAIC CODE POLICY NUMBER Aon Risk Insurance Services West, Inc. NAMED INSUREDAGENCY LOC #: 570000083713 AGENCY CUSTOMER ID: © 2008 ACORD CORPORATION. All rights reserved. See Certificate Number: See Certificate Number: The ACORD name and logo are registered marks of ACORD 570111218595 570111218595 ACORD 25 Certificate of Liability Insurance Additional Description of Operations / Locations / Vehicles: ACORD 101 (2008/01) ADDITIONAL REMARKS SCHEDULE Page _ of _ West Coast Arborists, Inc. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. POLICY NUMBER: ABCDEFGHIJ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY OR PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COVERAGE COMMERCIAL GENERAL LIABILITY COVERAGE PART (EXCESS) COMMERCIAL GENERAL LIABILITY COVERAGE PART (EXCESS –BROAD FORM) c.Excess InsuranceWithrespecttootherinsuranceavailabletoany person or organization who is an additional insured (1)This insurance is excess over any of the under this Coverage Part,the following is added to other insurance,whether primary,excess, 4.Other Insurance Section IV –Paragraph ,of contingent or on any other basis: Commercial General Liability Conditions:(a)Your Work 4.Other Insurance That is Fire,Extended Coverage, If other valid and collectible insurance is available Builder's Risk,Installation Risk or to the insured for a loss we cover under similar coverage for "your work"; A BCoveragesor of this Coverage Part,our (b)Aircraft,Auto Or Watercraft obligations are limited as follows:If the loss arises out of the a.Primary Insurance When Required By maintenance or use of aircraft,"autos" Contract or watercraft to the extent not subject g.ItoExclusionofSection –If you have agreed in a written contract, ACoverage –Bodily Injury Andwrittenagreementorpermitthatthis Property Damage Liability;orinsurancebeprimary,then subject to the "self-insured retention",this insurance is (c)Property Damage to Borrowed c.primary except when Paragraph below Equipment Or Use Of Elevators applies.If other insurance is also primary,we If the loss arises out of "propertywillsharewithallthatotherinsurancebythedamage"to borrowed equipment ord.method described in Paragraph below.the use of elevators to the extent not b.Primary And Non-Contributory To Other j.IsubjecttoExclusionofSection - Insurance When Required By Contract ACoverage -Bodily Injury And Property Damage Liability.If you have agreed in a written contract, written agreement,or permit that this (2)When this insurance is excess over other insurance is primary and non-contributory with insurance,we will pay only our share of the additional insured's own insurance,then the amount of the loss,if any,that subject to the "self-insured retention",this exceeds the sum of: insurance is primary except when Paragraph (a)The total amount that all such other c.below applies and we will not seek insurance would pay for the loss in contribution from that other insurance.the absence of this insurance; and a.b.Paragraphs and do not apply to other (b)The total of all deductible and self- insurance to which the additional insured has insured amounts under all that other been added as an additional insured.insurance. Form EH 24 03 08 09 Page 1 of 2 © 2009,The Hartford (Includes copyrighted material of Insurance Services Office,Inc.,with its permission.) 72 ECS S89301 (3)We will share the remaining loss,if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. d.Method Of Sharing If all of the other insurance permits contribution by equal shares,we will follow this method also.Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares,we will contribute by limits.Under this method,each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Page 2 of 2 Form EH 24 03 08 09 CA 04 49 1116 © Insurance Services Office, Inc., 2016 Page 1 of 1 COMMERCIAL AUTO CA 04 49 1116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION 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 the endorsement. A.The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B.The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". POLICY NUMBER: 72 CSE S89302 07/01/2024 Huggins Dreckman Insurance License No. 0212199 5152 Katella Ave, Suite 206 Los Alamitos CA 90720 Theresa Roque (562) 594-6541 (562) 594-0376 theresa@hdinsure.com West Coast Arborists, Inc 2200 East Via Burton Anaheim CA 92806 Ironshore Specialty Ins. Co.25445 2024/2025 A Professional Liability Retroactive Date: July 1, 2010 PEO905384-04 07/01/2024 07/01/2025 General Aggregate $5,000,000 Each Occurrence $5,000,000 Retention $100,000 City of Cupertino 10030 Torre Ave. Cupertino CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: August 2024 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement 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 (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant'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 Form 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 CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits 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 occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: August 2024 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. On call arborist services Final Audit Report 2025-03-10 Created:2025-03-10 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAA7cU_y2aUjp4khX4IFcjvr0en9UV3BxkJ "On call arborist services" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-03-10 - 3:45:50 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-03-10 - 4:43:35 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-03-10 - 4:43:44 PM GMT- IP address: 52.202.236.132 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-03-10 - 10:06:13 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to businessdevelopment@wcainc.com for signature 2025-03-10 - 10:06:16 PM GMT Email viewed by businessdevelopment@wcainc.com 2025-03-10 - 10:15:07 PM GMT- IP address: 104.47.57.126 Signer businessdevelopment@wcainc.com entered name at signing as Patrick Mahoney 2025-03-10 - 10:18:19 PM GMT- IP address: 12.215.229.227 Document e-signed by Patrick Mahoney (businessdevelopment@wcainc.com) Signature Date: 2025-03-10 - 10:18:21 PM GMT - Time Source: server- IP address: 12.215.229.227 Document emailed to Floy Andrews (floya@cupertino.gov) for signature 2025-03-10 - 10:18:25 PM GMT Email viewed by Floy Andrews (floya@cupertino.gov) 2025-03-10 - 10:18:33 PM GMT- IP address: 3.232.50.116 Document e-signed by Floy Andrews (floya@cupertino.gov) Signature Date: 2025-03-10 - 10:37:58 PM GMT - Time Source: server- IP address: 24.6.67.144 Document emailed to Benjamin Fu (benjaminf@cupertino.gov) for signature 2025-03-10 - 10:38:02 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.gov) 2025-03-10 - 10:38:10 PM GMT- IP address: 3.232.50.116 Document e-signed by Benjamin Fu (benjaminf@cupertino.gov) Signature Date: 2025-03-10 - 11:21:25 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to kirstens@cupertino.gov for signature 2025-03-10 - 11:21:29 PM GMT Email viewed by kirstens@cupertino.gov 2025-03-10 - 11:21:37 PM GMT- IP address: 52.202.236.132 Signer kirstens@cupertino.gov entered name at signing as Kirsten Squarcia 2025-03-10 - 11:24:42 PM GMT- IP address: 73.241.178.249 Document e-signed by Kirsten Squarcia (kirstens@cupertino.gov) Signature Date: 2025-03-10 - 11:24:44 PM GMT - Time Source: server- IP address: 73.241.178.249 Agreement completed. 2025-03-10 - 11:24:44 PM GMT