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22-027 Anderson's Tree Care for Canary Island Pine Trimming on Alpine DrivePublic Works Project: Canary Island Pine Trimming on Alpine Drive
Public Works Contract / October 2021
Page 1 of 12
PUBLIC WORKS CONTRACT
$200,000 OR LESS
1. PARTIES
This public works contract (“Contract”) is made by and between the City of Cupertino (“City”), and
Anderson's Tree Care Specialists, a Corporation (“Contractor”) for Canary Island Pine Trimming on
Alpine Drive, and is effective on the last date signed below (“Effective Date”).
2. 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 required for the Project (“Work”),
as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance
with the terms and conditions of this Contract. Contractor further agrees to carry out its work in
compliance with any applicable local, State, or Federal order regarding COVID-19.
3. TIME FOR COMPLETION
3.1 Term. This Contract begins on the Effective Date and ends on June 30, 2022 (“Contract
Time”) unless terminated earlier as provided herein. Contractor’s Work shall begin on the date
shown on a written Notice to Proceed (“NTP”) and must be fully completed within the Contract
Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue
a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of
insurance and any performance and payment bonds that may be required. The Director of Public
Works may authorize the extension of the Contract Time by up to sixty (60) calendar days through a
written amendment to this Agreement, provided such extension does not include additional contract
funds.
3.2 Time is of the essence for Contractor’s performance and completion of the Work.
Contractor must have sufficient time, resources, and qualified staff to deliver the work on time.
3.3 Liquidated damages of $200.00 will be charged for each day of unexcused delay, or City may
deduct the amount from Contractor’s payments. Liquidated damages are based on reasonably
foreseeable consequences of delay and may include intangible losses which the Parties agree may be
difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss
of use of public facilities, and extended disruption to the public.
4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the
Work an amount that will based on actual costs but that will be capped so as not to exceed
Public Works Project: Canary Island Pine Trimming on Alpine Drive
Public Works Contract / October 2021
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$39,200.00 (“Contract Price”), for all of Contractor’s direct and indirect costs, including all labor,
materials, supplies, equipment, taxes, insurance, bonds, and all overhead costs.
4.2 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 as complete.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is
solely responsible for the means and methods of performing the Work and for the persons under
this employment. Contractor is not entitled to worker’s compensation or any other City benefits.
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): D-61,
D-49, 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.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor
and any of its employees, agents, and subcontractors shall not have any claim under this Agreement
or otherwise against City for seniority, vacation time, vacation pay, sick leave, person al 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 Agreement, or to promptly remint to City any payments due by the City as a
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Public Works Contract / October 2021
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result of such determination, so that the City’s total expenses under this Agreement 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, and 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 25% of the Work, provided that each subcontractor is
required by contract to be bound by the provisions of this Contract. 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 if the Contract 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 Project. 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.
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Public Works Contract / October 2021
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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 consultants (“Indemnitees”), through legal counsel acceptable to City, from
and against any and all liability, damages, claims, stop notices, actions, causes of action, demands,
charges, losses 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, subcontractors or subcontractors;
(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
Public Works Project: Canary Island Pine Trimming on Alpine Drive
Public Works Contract / October 2021
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entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
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
B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or
longer as required by City. City will not execute the Contract until City has approved 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 at
Contractor’s expense, deducting the costs from Contractor’s compensation, or terminating the
Contract.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all 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 status of employees performing the Work, as required by the Immigration Reform and
Control Act
13.2 Labor Laws.
(a) The following provisions apply to contracts 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 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.
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Public Works Contract / October 2021
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(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 certifies 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 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.
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Public Works Contract / October 2021
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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 sub-contractors 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 Section 13 constitutes a material breach and may result in City
suspending payments, requiring reimbursement, or terminating the Contract. City reserves all
rights and remedies under the law and this Contract, including seeking indemnification.
14. BONDS
For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond,
each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated
here as Exhibit C. 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 Contract. City will not execute the
Contract nor issue the NTP 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 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.
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Public Works Contract / October 2021
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(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 contracts $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 will 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 and when Work is completed. Clean up any leaks, drips, and other spills as they occur.
16.2 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.
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Public Works Contract / October 2021
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17. PROJECT COORDINATION
City Project Manager. City assigns Jonathan Ferrante as the City representative for all purposes
under this Contract, with authority to require compliance with the Scope of Work. City may
substitute Project Managers at any time and without prior notice to Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Doug Anderson as its
single representative for all purposes under this Contract, with the responsibility to ensure progress with
the Work. Contractor’s Project Manager is responsible for coordinating and scheduling the Work and
must regularly update the City Project Manager about the status and any delays with the Work,
consistent with the Scope of Work. Any substitutions must be approved in writing by City.
18. ABANDONMENT AND TERMINATION
18.1 City may abandon or postpone the Project or parts therefor 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 the Work. With City’s pre-approval in writing, the time spent in closing
out the Work 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. Nothing in the Section below is intended
to delay, abridge or bar City’s right under this Section.
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.
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.
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Public Works Contract / October 2021
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21. SIGNS/ADVERTISEMENT
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 waiver of any 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 CONTRACT
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,
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.
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28. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be
included and will be inferred herein. Either party may request an amendment to cure mistaken
insertions or omissions of required provisions.
29. CAPTIONS
The captions, titles, and headings in this Contract are for convenience only and may not be used in
the construction or interpretation of the Contract or for any other purpose.
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 and will be
considered effective on the date of personal delivery, 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
cc: Representative/Coordinator:
Jonathan Ferrante
Email: jonathanf@cupertino.org
To Contractor:
Anderson's Tree Care Specialists
121 N 27th St.
San Jose, CA 95116
cc: Representative/Coordinator:
Doug Anderson
Email: doug@andersonstreecare.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.
SIGNATURES CONTINUE ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution
Date first above written.
CITY OF CUPERTINO,
a Municipal Corporation
By: __________________________________
Title: ________________________________
Signature Date: _________________________
ANDERSON'S TREE CARE SPECIALISTS
By: __________________________________
Title: ________________________________
Signature Date: _________________________
APPROVED AS TO FORM:
By:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
ATTEST:
By:
KIRSTEN SQUARCIA
City Clerk
Date:
President
Feb 18, 2022
Christopher D. Jensen
Acting Director of Public Works
Feb 18, 2022
Feb 18, 2022
$39,200.00
$0.00
$39,200.00
121 N 27th St. |San Jose, CA 95116
Tel: (408) 226-TREE (8733)|Lic #705171
www.andersonstreecare.com
City of Cupertino.
10555 Mary Ave
Cupertino, CA 95014
main: 408 777 3343
mobile:
10381 Alpine Dr 95014
Terms
Due on receipt
ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT
1) End Weight Reduction Pruning - Canary Island Pine
Reduce foliage on long branches by up to 25% as needed, to minimize the likelihood of limb
failure. Clear from buildings by 3-6 feet. Remove dead wood greater than one inch in
diameter.
Location:
70 $560.00 $39,200.00
Client Notes
Traffic control to be provided by the City of Cupertino. We will need one lane shut down next to the median strip for each of the six days we expect to
be on site.
All work will be completed in accordance with these plans unless subsequent
changes are agreed upon in writing. Balances not paid by the due date are subject
to late fees.
SUBTOTAL
SALES TAX
Signature TOTAL
x
Please sign here to accept the terms and conditions
Proposal #15433 Date: 01/13/2022
SCinvoices@cupertino.org
Location:10381 Alpine Dr
Cupertino, CA 95014
Page 1 of 1
Exhibit A
Insurance Requirements for Construction Contracts Version: Oct. 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.
PUBLIC WORKS CONSTRUCTION CONTRACTS
Small Projects – $200,000 or less
Insurance Requirements: Exhibit B
Insurance Requirements for Construction Contracts Version: Oct. 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 Construction Contracts Version: Oct. 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 Contract 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.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence)
MED EXP (Any one person)$
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER:$
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person)$
OWNED SCHEDULED
BODILY INJURY (Per accident)$AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below
INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
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.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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).
COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
10/11/2021
License # 0757776
(805) 361-1018 (805) 832-6581
42552
Anderson's Tree Care Specialists, Inc.
P.O. Box 2B
San Jose, CA 95109
20260
41394
A 1,000,000
X X ARBML1000008006 4/1/2021 4/1/2022 100,000
PD Ded: $2000/ Occur 5,000
1,000,000
2,000,000
2,000,000
1,000,000B
504610155516001 4/16/2021 4/16/2022
2,000,000A
ARBUM1000016403 4/1/2021 4/1/2022 2,000,000
10,000
C
X CST5022474 10/8/2021 10/8/2022 1,000,000
Y 1,000,000
1,000,000
A Arborist Prof. Liab ARBML1000008006 4/1/2021 Each Occurrence 1,000,000
Job Ref: Consultation Contract Agreement-Public Works.
The City of Cupertino, its City Council, officers, officials, employees, agents, servants, and volunteers are included as Additional Insureds under the General
Liability policy, additional insured coverage applies when required by written contract per the attached form #AGL20291118.
This insurance is considered Primary and Non-Contributory under the General Liability policy per attached form #AGL20291118.
Waivers of Subrogation applies under the General Liability and Workers Compensation policies per attached forms #AGL20291118 & WC 04 03 06 (Ed. 04-84).
Per Project Aggregate applies under the General Liability policy, per the attached form #AGL03801110.
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
ANDETRE-02 LYLI
Santa Barbara, CA - HUB International Insurance Services Inc.
PO Box 3310
Santa Barbara, CA 93130-3310
Saengdao Vongpanya
CAL-CC-CertReqs@hubinternational.com
NOVA Casualty Company
Infinity Select Insurance Company
Benchmark Insurance Company
X
4/1/2022
X
X
X
X
X
X X
X
X
X
COMMERCIAL GENERAL LIABILITY
AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4
with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
GENERAL LIABILITY EXTRA ENDORSEMENT − CALIFORNIA
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY,
Paragraph 2. Exclusions is amended as follows:
1. EXPECTED OR INTENDED INJURY EXTENSION
Paragraph a. Expected Or Intended Injury is deleted and replaced by the following:
a.“Bodily Injury” or “property damage” expected or intended from the standpoint of the insured. This
exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable
force to protect persons or property.
2. NON-OWNED WATERCRAFT EXTENSION
Subparagraph (2) of g. Aircraft, Auto Or Watercraft is deleted and replaced by the following:
(2)A watercraft you do not own that is:
a.Less than 52 feet long; and
b.Not being used to carry persons or property for a charge;
This provision applies to any person who, with your consent, either uses or is responsible for the use of a
watercraft.
This insurance is excess over any other valid and collectible insurance available to the insured whether
primary, excess, or contingent.
3. PROPERTY SOLD OR ABANDONED BY YOU
Subparagraph (2) of j. Damage To Property is deleted and replaced by the following:
(2)Premises you sell, give away, or abandon, if the “property damage” arises out of any part of those
premises, and occurred from hazards that were known by you or should have reasonably been known
by you at the time the property was sold, given away or abandoned.
4.The last paragraph of 2. Exclusions is deleted and replaced by the following:
Exclusions c. through n. do not apply to damage to premises while rented to you, or temporarily occupied
by you with the permission of the owner, when the damage is caused by fire, lightning, explosion, smoke or
leaks from automatic fire protective systems. A separate limit of insurance applies to this coverage as
described in SECTION III – LIMITS OF INSURANCE.
B. ADDITIONAL INSUREDS
1. SECTION II – WHO IS AN INSURED is amended to include, as an additional insured, any person(s) or
organization(s) for whom a written contract or written agreement between you and such person(s) or
organization(s) exists and requires such person(s) or organizations(s) to be added as an additional insured
to your Policy. This additional insured status applies to liability because of “bodily injury”, “property
damage”, or “personal and advertising injury”, but shall not apply to any independent acts or omissions of
such person or organization who qualifies as an additional insured.
a.This endorsement applies only if the written contract or written agreement is:
(1)Currently in effect or becomes effective during the term of this Policy; and
(2)Executed prior to the “bodily injury”, “property damage”, or “personal and advertising injury”.
b.The insurance afforded to such additional insured only:
(1)Applies to the extent permitted by law; and
(2)Will not be broader than that which you are required by the written contract or written agreement to
provide for such additional insured.
2.The insurance provided to the additional insured by this endorsement applies as follows:
a.The person(s) or organization(s) is an additional insured but only for liability caused, in whole or in part,
by your acts or omissions or the acts or omissions of those acting on your behalf:
(1)In connection with premises owned by or rented to you; or
(2)In the performance of your ongoing operations.
INSURED
Policy Number ARBML 1000008006
COMMERCIAL GENERAL LIABILITY
AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 4
with its permission.
b.If the additional insured is an architect, engineer, or surveyor, this insurance does n ot apply to “bodily
injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or failure
to render any professional services including:
(1)The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports,
surveys, change orders, designs or specifications; or
(2)Supervisory, inspection, or engineering services.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the
supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence" which
caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising
injury", involved the rendering of or the failure to render any professional services by or for you.
c.If the additional insured is a lessor of equipment, this insurance only applies to liability caused, in whole
or in part, by your maintenance, operation or use of equipment leased to you by such additional insured
and does not apply to any “occurrence” which takes place after the equipment lease expires.
d.If the additional insured is a state or governmental agency or political subdivision and has issued a
permit in connection with premises you own, rent, or control, this insurance applies only with respect to
the following hazards for which the state or political subdivision has issued such permit:
(1)The existence, maintenance, repair, construction, erection, or removal of advertising signs,
awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away
openings, sidewalk vaults, street banners, or decoration and similar exposures;
(2)The construction, erection, or removal of elevators; or
(3)The ownership, maintenance, or use of any elevators covered by this insurance.
e.If the additional insured is a state or governmental agency or political subdivision that has issued a
permit or authorization with respect to operations performed by you or on your behalf, then this
insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury"
arising out of operations performed for the federal government, state or municipality; or "bodily injury",
or "property damage" included within the “products-completed operations hazard”.
f.If the additional insured is a manager or lessor of insured premises, that person or organization is an
additional insured but only with respect to liability caused, in whole or in part by the ownership,
maintenance or use of that part of the premises leased to you.
This insurance does not apply to:
(1)Any "occurrence" that takes place after you cease to be a tenant in that premises.
(2)Structural alterations, new construction or demolition operations performed by or on behalf of the
manager or lessor of insured premises.
g.If the additional insured is a grantor of a franchise, that person(s) or organization(s) is only an
additional insured with respect to liability as grantor of a franchise to you.
h.If the additional insured is an owner or has some other interest in land that has been leased to you, that
person(s) or organization(s) is only an additional insured with respect to liability caused, in whole or in
part by the ownership, maintenance or use of that part of the land leased to you.
This insurance does not apply to:
(1)Any "occurrence" that takes place after you cease to lease that land;
(2)Structural alterations, new construction or demolition operations performed by or on behalf of the
owner or other interest from whom land has been leased.
i.If the additional insured is a mortgagee, assignee, or receiver, that person(s) or organization(s) is only
an additional insured with respect to liability caused, in whole or in part, by the ownership, maintenance
or use of the premises by you.
This insurance does not apply to structural alterations, new construction or demolition operations
performed by or for that mortgagee, assignee, or receiver.
j.If the additional insured has a controlling interest, that person(s) or organization(s) is an additional
insured but only for liability caused, in whole or in part, by:
(1)Their financial control of you; or
(2)Premises they own, maintain or control while you lease or occupy those premises.
This insurance does not apply to structural alterations, new construction and demolition operations
performed by or for that controlling interest.
k.If the additional insured is a vendor, that person(s) or organization(s) is only an additional insured with
respect to "bodily injury" or "property damage" caused, in whole or in part, by "your products" which are
distributed or sold in the regular course of the vendor's business, but only if this Policy provides
INSURED
COMMERCIAL GENERAL LIABILITY
AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4
with its permission.
coverage for “bodily injury” or “property damage” included within the “produ cts-completed operations
hazard”.
(1)This insurance afforded to the vendor does not apply to:
(a)"Bodily injury" or "property damage" for which the vendor is obligated to pay damages by
reason of the assumption of liability in a contract or agreement. This exclusion does not apply
to liability for damages that the vendor would have in the absence of the contract or
agreement;
(b)Any express warranty unauthorized by you;
(c)Any physical or chemical change in the product made intentionally by the vendor;
(d)Repackaging, except when unpacked under the instructions of the manufacturer for the sole
purpose of inspection, demonstration, testing or the substitution of parts and then repackaged
in the original container;
(e)Any failure by the vendor to make inspections, adjustments, tests or servicing as the vendor
has agreed to make or normally undertakes to make in the usual course of business, in
connection with the distribution or sale of "your products";
(f)Demonstration, installation, servicing or repair operations, except such operations performed at
the vendor's premises in connection with the sale of "your products";
(g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a
container, part or ingredient of any other thing or substance by or for the vendor; or
(h)"Bodily injury" or "property damage” arising out of the sole negligence of the vendor for its own
acts or omissions or those of its employees or anyone else acting on its behalf. However, this
exclusion does not apply to:
(i)The exceptions contained in subparagraphs (d) or (f); or
(ii)Such inspections, adjustments, tests or servicing as the vendor has agreed to make or
normally undertakes to make in the usual course of business, in connection with the
distribution or sale of "your products".
(2)This insurance does not apply to any insured person or organization, from whom you have
acquired such products, or any ingredient, part or container, entering into, accompanying or
containing such products.
3.With respect to the insurance afforded to an additional insured as provided in Paragraphs B.1. and B.2.
above, the most we will pay on behalf of the additional insured is the amount of insurance:
a.Required by the contract or agreement; or
b.Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
With respect to the insurance afforded to an additional insured as provided in paragraphs B.1. and B.2.
above, this insurance shall not increase the applicable Limits of Insurance shown in the Declarations.
If an Additional Insured endorsement is attached to this Policy that specifically names a person or
organization as an insured, then the above Paragraph B. ADDITIONAL INSUREDS does not apply to such
person(s) or organization(s).
4. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance, is
amended to include:
As respects the coverage provided by this endorsement, regardless of whether other insurance is available
to an additional insured on a primary basis, this insurance will be primary and noncontributory if the written
contract or written agreement between you and the additional insured specifically requires that this
insurance be primary and noncontributory.
C. SECTION II – WHO IS AN INSURED is amended as follows:
BROADENED NAMED INSURED
Paragraph 3. is deleted and replaced by the following:
3.Any business entity organized under the laws of the United States of America (including any state thereof,
its territories or possessions), or Canada (including any province thereof) will qualify as a Named Insured if
there is no similar insurance available to that business entity, provided that one or more Named Insureds
shown in the Declarations have, at the inception of the policy period, an ownership interest in such
business entity of more than 50%. However, if a Named Insured has an ownership interest in a business
entity of more than 50%, the business entity will not be a Named Insured if such business entity is an
INSURED
COMMERCIAL GENERAL LIABILITY
AGL20291118 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 4
with its permission.
insured under any other liability policy or would be an insured under such policy but for its termination or
the exhaustion of its Limit of Insurance.
D.Paragraph 6. of SECTION III – LIMITS OF INSURANCE is deleted and replaced by the following:
6.Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay
under SECTION I – COVERAGES, COVERAGE A for damages because of “property damage” to any one
premises while rented to you, or temporarily occupied by you with permission of the owner, when the
damage is caused by fire, lightning, explosion, smoke, or leaks from automatic fire protective systems.
E. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows:
1. KNOWLEDGE AND NOTICE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
The notification requirements of Paragraphs 2.a. and 2.b. Duties In The Event Of Occurrence, Offense,
Claim Or Suit apply only when the “occurrence”, offense, claim or “suit” is known to:
a.You, if you are an individual;
b.A partner or member if you are a partnership or joint venture;
c.An officer or director if you are an entity other than a partnership, joint venture or limited liability
company;
d.A member or manager if you are a limited liability company; or
e.An insurance manager, risk manager or other “employee” you designate prior to loss to give notice to
us.
Knowledge of an “occurrence”, offense, claim, or “suit” by your agent, servant or “employee” shall not in
and of itself constitute knowledge by you unless an individual in one of the positions listed above has actual
knowledge.
2. FAILURE TO DISCLOSE HAZARDS
The following is added to Paragraph 6. Representations:
If you unintentionally failed to disclose all hazards or prior “occurrences” exi sting at the inception of this
Policy, but reported such error or omission to us as soon as practicable after discovery, then we will not
deny coverage under this Coverage Part because of such failure.
This provision does not affect our right to collect any additional premium or exercise our right of
cancellation or non-renewal.
3. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
The following is added to Paragraph 8. Transfer Of Rights of Recovery Against Others To Us:
We waive any right of recovery we may have against any person or organization when such waiver is
required by a written contract that you have agreed to prior to any “occurrence”, “suit” or the offense which
caused the “bodily injury”, “property damage” or “personal and advertising injury”, provided that the
“occurrence”, “suit” or the offense which caused the “bodily injury”, “property damage” or “personal and
advertising injury” arises out of operations contemplated by such contract. The waiver applies only to the
person or organization designated in such contract.
F. SECTION V – DEFINITIONS is amended as follows:
1. BODILY INJURY
The definition of “bodily injury” in Paragraph 3. is deleted and replaced by the following:
“Bodily injury” means bodily injury, sickness or disease sustained by a person, including mental anguish or
death resulting from any of these at any time.
2. PERSONAL AND ADVERTISING INJURY
The definition of “personal and advertising injury” in Paragraph 14.b. is deleted and replaced by the
following:
Abuse of process; and malicious prosecution;
All other terms and conditions of the policy remain unchanged.
INSURED
COMMERCIAL GENERAL LIABILITY
AGL03801110 Includes copyright material of Insurance Services Office, Inc. Page 1 of 2
with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE
LIMIT AND TOTAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
The following is added to the Limits of Insurance shown in the Declarations:
Designated Construction Project Aggregate Limit $ 1,000,000
(Other Than Products-Completed Operations)
Total Aggregate Limit $5,000,000
(Other Than Products-Completed Operations)
Designated Construction Project(s): PER SCHED. ON FILE WITH THE COMPANY
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
A.For all sums which the insured becomes legally obligated to pay as damages caused by
“occurrences” under SECTION I – COVERAGE A, and for all medical expenses caused by accidents
under SECTION I – COVERAGE C, which can be solely attributed to operations at a single
designated construction project shown in the Schedule above:
1.The Designated Construction Project Aggregate Limit as shown in the above Schedule is the
most we will pay for each construction project designated in the Schedule above.
2.The Designated Construction Project Aggregate Limit is the most we will pay for the sum of all
damages under COVERAGE A, except damages because of “bodily injury” or “property damage”
included in the “products-completed operations hazard”, and for medical expenses under
COVERAGE C regardless of the number of:
a.Insureds;
b.Claims made or “suits” brought;
c.Persons or organizations making claims or bringing “suits”; or
d.Designated construction projects shown in the Schedule above.
3.Any payments made under COVERAGE A for damages or under COVERAGE C for medical
expenses shall reduce the Designated Construction Project Aggregate Limit for that designated
construction project. The Designated Construction Project Aggregate is subject to the Total
Aggregate. However, such payments shall not reduce the General Aggregate Limit shown in the
Declarations nor shall they reduce the Designated Construction Project Aggregate Limit for any
other designated construction project shown in the Schedule above.
4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You
and Medical Expense continue to apply. However, instead of being subject to the General
Aggregate Limit shown in the Declarations, such limits will be subject to the applicable
Designated Construction Project Aggregate Limit.
INSURED
Policy Number ARBML 1000008006
COMMERCIAL GENERAL LIABILITY
AGL03801110 Includes copyright material of Insurance Services Office, Inc. Page 2 of 2
with its permission.
B. For all sums which the insured becomes legally obligated to pay as damages caused by
“occurrences” under SECTION I – COVERAGE A, and for all medical expenses caused by accidents
under SECTION I – COVERAGE C, which cannot be solely attributed to operations at a single
designated construction project shown in the Schedule above:
1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical
expenses shall reduce the amount available under the General Aggregate Limit or the Products-
Completed Operations Aggregate Limit, whichever is applicable; and
2. Such payments shall not reduce any Designated Construction Project Aggregate Limit.
C. The Total Aggregate Limit shown in the Schedule above is the most we will pay for all payments
made under the Designated Project Aggregate Limit for all designated projects and all payments
made under the General Aggregate. This includes:
1. Damages under COVERAGE A except damages because of “bodily injury” or “property damage”
included in the “products-completed operations hazard”;
2. Damages under COVERAGE B; and
3. Medical Expenses under COVERAGE C.
D. When coverage for liability arising out of the “products-completed operations hazard” is provided, any
payments for damages because of “bodily injury” or “property damage” included in the “products -
completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and
will not reduce the General Aggregate Limit or the Designated Construction Project Aggregate Limit.
E. Any payments made for damages because of “personal and advertising injury” sustained by any one
person or organization under COVERAGE B, remain subject to the Personal And Advertising Injury
Limit and do not apply to the Designated Construction Project Aggregate Limit. Such payments shall
reduce the General Aggregate Limit and the Total Aggregate Limit.
F. Any payments made for damages or medical expenses to which the Designated Construction Project
Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above
and the Designated Construction Project Aggregate Limit for that designated construction project.
Such payments shall not reduce the General Aggregate Limit nor shall they reduce the Designated
Construction Project Aggregate Limit for any other designated construction project shown in the
Schedule above, subject to the Total Aggregate.
G. Any payments made for damages or medical expenses to which the General Aggregate Limit applies
shall reduce both the Total Aggregate Limit shown in the Schedule above and the General Aggregate
Limit shown in the Declarations. Such payments shall not reduce the Designated Construction
Project Aggregate Limit for any designated construction project shown in the Schedule above.
H. If the applicable designated construction project has been abandoned, delayed, or abandoned and
then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs,
specifications or timetables, the project will still be deemed to be the same construction project.
I. The provisions of SECTION III – LIMITS OF INSURANCE not otherwise modified by this
endorsement shall continue to apply as stipulated.
All other terms and conditions of the policy remain unchanged.
INSURED
!
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2.13.2022
Doug Anderson, President
Santa Clara
2.13.2022
Doug Anderson, President
Anderson's Tree Care for Canary Island Pine
Trimming on Alpine Drive
Final Audit Report 2022-02-18
Created:2022-02-17
By:City of Cupertino (webmaster@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA9x6Ls1boBOjhRsYXL-VkamHbPUS_S4Ez
"Anderson's Tree Care for Canary Island Pine Trimming on Alpin
e Drive" History
Document created by City of Cupertino (webmaster@cupertino.org)
2022-02-17 - 6:45:43 PM GMT- IP address: 35.229.54.2
Document emailed to Julia Kinst (juliak@cupertino.org) for approval
2022-02-17 - 6:47:23 PM GMT
Document approved by Julia Kinst (juliak@cupertino.org)
Approval Date: 2022-02-17 - 6:48:00 PM GMT - Time Source: server- IP address: 216.198.111.214
Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval
2022-02-17 - 6:48:03 PM GMT
Document approved by Araceli Alejandre (aracelia@cupertino.org)
Approval Date: 2022-02-17 - 8:50:33 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Doug Anderson (doug@andersonstreecare.com) for signature
2022-02-17 - 8:50:36 PM GMT
Email viewed by Doug Anderson (doug@andersonstreecare.com)
2022-02-17 - 9:27:10 PM GMT- IP address: 172.1.140.52
Document e-signed by Doug Anderson (doug@andersonstreecare.com)
Signature Date: 2022-02-18 - 4:53:49 PM GMT - Time Source: server- IP address: 96.82.97.182
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Document e-signed by Christopher D. Jensen (christopherj@cupertino.org)
Signature Date: 2022-02-18 - 5:03:38 PM GMT - Time Source: server- IP address: 174.194.199.150
Document emailed to Jimmy Tan, P.E. (jimmyt@cupertino.org) for signature
2022-02-18 - 5:03:42 PM GMT
Email viewed by Jimmy Tan, P.E. (jimmyt@cupertino.org)
2022-02-18 - 5:04:28 PM GMT- IP address: 104.47.74.126
Document e-signed by Jimmy Tan, P.E. (jimmyt@cupertino.org)
Signature Date: 2022-02-18 - 5:04:53 PM GMT - Time Source: server- IP address: 64.165.34.3
Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature
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Email viewed by Kirsten Squarcia (kirstens@cupertino.org)
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Document e-signed by Kirsten Squarcia (kirstens@cupertino.org)
Signature Date: 2022-02-18 - 9:53:38 PM GMT - Time Source: server- IP address: 104.28.123.180
Agreement completed.
2022-02-18 - 9:53:38 PM GMT
