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West Coast Arborists - 2011 AgreementAGREEMENT FOR SERVICES This AGREEMENT made this 18th day of September, 2012, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: West Coast Arborists, having a principal place of business at 2200 E. Via Burton Street, Anaheim, CA 92806. TERM OF AGREEMENT This Agreement will become effective on October 3, 2011 and will continue in effect through October 2, 2014 unless terminated in accordance with the provisions of Article 7 of this Agreement. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. SERVICES TO BE PERFORMED BY CONTRACTOR Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR'S services. Employment of Assistants CONTRACTOR may, at the CONTRACTOR'S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this 1 'Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR'S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR'S services. COMPENSATION Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONTRACTOR exceed $151,000 per year. Invoices CONTRACTOR shall submit invoices for all services rendered. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR'S costs of doing business. CITY shall not be responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." 2 OBLIGATIONS OF CONTRACTOR Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. Workers' Compensation CONTRACTOR agrees to provide workers' compensation insurance for CONTRACTOR'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONTRACTOR'S employees. Indemnification of Liability, Duty to Defend Professional Liability To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, to the extent caused by any willful or negligent acts, errors or omissions of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. Other Liability To the fullest extent permitted by law, CONTRACTOR shall defend through counsel approved by CITY indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, to the extent arising out of or caused directly or indirectly by any act or omission of CONTRACTOR or CONTRACTOR'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence and aggregate. As a condition precedent to CITY's OBLIGATIONS UNDER THIS Agreement, CONTRACTOR shall furnish evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability 3 'insurance policy referred to in (a) immediately above) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. State and Federal Taxes As CONTRACTOR is not CITY'S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONTRACTOR'S payments; • CITY will not make state or federal unemployment insurance contributions on CONTRACTOR'S behalf; • CITY will not withhold state or federal income tax from payment to CONTRACTOR; • CITY will not make disability insurance contributions on behalf of CONTRACTOR; • CITY will not obtain workers' compensation insurance on behalf of CONTRACTOR. OBLIGATIONS OF CITY Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR'S duties under this Agreement. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR'S duties or obligations under this Agreement. TERMINATION OF AGREEMENT Sale of CONTRACTOR's Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to 2 CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR'S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR'S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to E 'facilitate any the assumption of CONTRACTOR's duties by any new CONTRACTOR hired by the CITY to complete such services. GENERAL PROVISIONS Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. no Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. Governing Law This Agreement will be governed by and construed in accordance with the laws of the State of California. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. Time of the Essence All dates and times referred to in this Agreement are of the essence. 7 'Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: CITY: West Coast Arborists, Inc. CITY OF GILROY Social Security or Taxpayer Identification Number 95- 3250682 Approved as to Form By: Name: Thomas Miaglund Title: City Administrator ATTEST: Linda Callon, City Attorney Wawna Freels, EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Christian Bonner, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e -mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Todd Barreras shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. A -1 'Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR'S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. A -2 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR'S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit "A ". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. A -3 H. NOTICES. Notices are to be sent as follows: CITY: David Stubchaer, PE City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Patrick Mahoney, President West Coast Arborists, Inc. 2200 E. Via Burton Street Anaheim, CA 92806 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ❑x If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONTRACTOR warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. .. 'EXHIBIT "B" SCOPE OF SERVICES EXHIBIT "C" MILESTONE SCHEDULE 'EXHIBIT "D" PAYMENT SCHEDULE f, .. .....__._ .............. __- __._._...... Tree Care Frgfesrionals Servrit,� Corntnuzit es lL'io Care ,I ont Trees �� -- - -- wvava. t4`CAlNC.carr September 6, 2011 City of Gilroy - Purchasing Division 7351 Rosanna Street Gilroy, CA 95020 -6197 RE: RFQ -CITY TREE PRUNING & MAINTENANCE CONTRACT PROPOSAL #12- RFP -PW -357 Due: Thursday, September 8, 2011 at 2:00 p.m. To Whom It May Concern, Thank you for allowing West Coast Arborists, Inc. (WCA) the opportunity to submit a proposal for the Tree Maintenance Services Project for the City of Gilroy. WCA is a family -owned and operated company employing nearly 600 full -time employees providing various tasks to achieve one goal: serving communities who care about trees. As a provider of tree care services we understand that trees are an integral part of the City's culture and community. We have reviewed, understand, and agree to the terms and conditions described in this RFQ. We also hereby acknowledge that we meet the minimum requirements and responded to each of these requirements to the best of our ability. WCA has a 39 -year track record of working for more than 200 California municipalities and various public agencies. Our company has been in business since 1972 and is licensed by the California State Contractors License Board under license #366764. We have held this license in good standing since 1978. The license specializes in Class C61 (Tree Service) as well as Class C27 (Landscaping). Also, we have an A+ rating from the bonding board. We currently employ over 50 ISA Certified Arborists, and over 100 Certified Tree workers, as recognized by the Western Chapter of the International Society of Arboriculture. Our employees operate from one of our seven California offices: Anaheim, San .lose, San Diego, Riverside, Fresno, Ventura and Stockton. WCA is a California Corporation and is comprised of a top management team, a management committee and a safety committee. Staff members have diverse educational backgrounds including accounting, business administration, engineering and forestry. Should we be awarded this project, we shall use full -time, in -house employees; no subcontractors will be used. In the event of an Emergency please call (866) 546 -2369. Someone will be available 24 hours a day, 7 days a week. WCA's corporate values include listening to customers and employees that will help to improve services offered. By establishing clear goals and expectations for the organization, supporting its diverse teams, and exchanging frequent feedback from customers and employees. WCA's top management team has created a culture where employees become accountable for actions and results. Should you have any questions or require additional information, please do not hesitate to call me at (800) 521 -3714. Sincerely, a Victor M. Gonzalez Vice - President /Marketing City Tree Pruning & Maintenance Contract - Proposal No. 12- RFP -PW -357 3 PROPOSAL SUBMITTAL CHECKLIST CITY 'TREE PRUNING & MAINTENANCE CONTRACT Proposal No. 12- RFP -PW -357 ED Attend the mandatory proposal preview on September 1, 2011 @ 2:00 pm in front of 7900 Arroyo Circle in Gilroy. The following documents /information must be filled out and included /submitted in the proposal in order to be considered for this project: El Estimate response time in Response Time to After -hours Work section El Contractor Background — Attachment B El Qualification Statement — Attachment C O Proposal Form — Attachment D El Non - Collusion Declaration (Notarized) — Attachment E El Workers' Comp Experience Modification state Statement — Attachment F El Attach copy of at least one of the following documents: Injury and Illness Prevention Plan (IIPP), Code of Safe Practices, or other applicable safety related plans, documents or policies El Deliver proposal to City of Gilroy at address given by 2:00 pm, September 8, 2011 City Tree Pruning & Maintenance Contract - Proposal No. 12- RFP -PW -35 Safety /Accident Rate Safety of city workers, the contractor's workers and the general public is of primary importance to the city. The Contractor and all sub - contractors (if any) must adhere to all applicable federal, state, and city rules, regulations, and policies related to the safe execution of the work to be performed. This includes the use of proper safety gear (e.g., eye protection, hearing protection, reflective safety vests, etc.), and traffic control measures as per the Manual of Uniform Traffic Control Devices (latest edition). The city reserves the right to halt work in the evert safety rules /regulations are not being followed until corrected to the satisfaction of city. As a measure of the effectiveness of the safety practices of a contractor, please complete the Workers' Comp Modification Rate Statement form in Attachment F. Response Time to After -hours Work From time to time, the city requires tree work after normal business hours or on weekends or holidays. Generally, this work is required due to fallen tree limbs or trees clue to wind storms or other natural causes. Whatever the cause, the work may need to be performed in a timely manner to eliminate potential safety hazards. Please estimate the typical response time for work Licenses After hours on a weekday Within 60 min. Weekends (any time of day) Within 90 min. Holidays (any time of day) Within 90 min. In addition to all other requirements set forth in the Contract, the successful Contractor to whom the contract is awarded must obtain and keep in force throughout the progress of the service, a City of Gilroy Business License issued by the City of Gilroy concurrently with delivery of the executed agreement to the successful Contractor. Mandatory Proposal Preview A mandatory meeting will be held on September 1, 2011 at 2:00pm, to review the Scope of Work requested by the City. In order to be considered, you must attend this meeting. Non- Collusion Declaration Under penalty of perjury, the enclosed Non - Collusion Declaration shall be signed, dated, notarized, and returned with the proposal (Attachment E). Funding Funding for tree trimming and maintenance services has been included in the Council - approved budget from July 2011 to June 2013. If, the City deletes or reduces or fails to appropriate funding for the services contemplated under the Scope of Services of this RFP in the future, City reserves the right to terminate the agreement upon 30 -day written notice to Contractor. If the City so terminates, the total compensation due Contractor for tree - trimming services shall be the contract price pro -rated according to the number of trees actually trimmed or other work done under the contract at the contract price agreed to. 0 City Tree Paining &Maintenance Contract - Proposal No. 12- RFP -PW -357 B -1 1. Provide the legal name(s) and address(s) of your company: WEST COAST ARBORISTS, INC. - 2200 E. Via Burton Street, Anaheim, CA 92806 2. Provide the names and phone numbers of the primary and secondary contacts for this Project: CI T Y TREE PRUNING & MAINTENANCE CONTRACT - PROPOSAL NO. 12- REP -PW -357 Primary Contact: Jason Pinegar Phone: 408/210 -6415 Secondary Contact: Ray Ontiveros Phone: 408/210 -7149 3. Provide the following information regarding your company: Years in Business: 39 Federal Employer's I.B. Number or Social Security Number: 95-3250682 California Employer's ID. Number if applicable: 236 - 4207 -7 City of Gilroy Business License Number (if contractor already possesses one): 13024 4. Contractor will provide a completed W -9 upon award of contract. YES City Tree Pruning & Maintenance Contract - Proposal No. 12 -RFP -PAN -357 C -1 ATTACHMENT C - QUALIFICATION STATEMENT Contractor must complete all portions of this statement before proposal will be considered. The following statements as to experience /qualifications are submitted as part of the proposal and the truthfulness and accuracy of information is guaranteed by the contractor. . The following agreements have been satisfactorily completed in the last three years for the person, firm, or authority indicated. Additional copies of this page may be attached if desired. Location and for whom performed Telephone Contact Person 1 City of Brentwood 925/516 -6054 Roger Stromgren 708 Third Street Brentwood, CA 94513 2 City of San Ramon 925/973 -2881 Glenn Sautter 2228 Camino Ramon San Ramon, CA 94583 3 City of San Mateo 650/522 -7425 Mark Camfield 330 W. 20th Avenue San Mateo, CA 94403 4. City of Monterey 831/646 -3861 Robert Reid 23 Ryan Ranch Road Monterey, CA 93940 Additional copies of this page may be attached if desired. i.e - x,. ► City of Carmel Victor Baez, Urban Forestry Crew Supervisor 426 Work Street Salinas, CA 93901 831 /758 -1705 City of Pleasanton Brian Florio P.O. Box 520 Pleasanton, CA 94566 925/931 -5573 City of Morgan bill City of San lose City of Salinas City of Campbell City of Los Gatos �► + . t� F i r �s sus► . i 0 City of So. San Francisco Frank McAuley, Public Works Supervisor 550 North Canal Street So. San Francisco, CA 94080 650/829 -3832 ,�� �w/� copyrighl8 2008 Y :fir /�!� �� City Tree :Pruning & Maintenance Contract - Proposal No.] 2- RFP -PW -357 D -1 ATTACHMENT D m PROPOSAL FORM PROPOSAl<., NO. f 2- RF'P -PW -357 The undersigned declares that he /she has carefully examined the specifications, and instructions to contractors, and hereby agrees to furnish all labor, materials, tools, equipment, transportation, and all incidentals involved in the pruning on property within the limits of the City of Gilroy. Item Unit Cost , Tree Pruning per ANSI Standards EA $ 39.00 1211-1711 EA $ 79.00 EA $119.00 24" and larger EA $259.00 Tree Removal $,/HR $ 55.00 Stump Grinding $ /HR $ 55.00 Tree Planting (15 gal per City Std.) EA $150.00 Treatment for pest/disease per tree soil injection) ( 1 ) EA $ 2.00 per dhh or $ 50.00 each free After hours or Emergency Work (If there is a difference for holiday or other factors, please list) $ /HR/PERSON $ 75.001hr. Clearly describe and list the type and number of the equipment (e.g., 3 40 ft. aerial /boom trucks, 4 chipper trucks), and number of employees to be used or would be generally available to perform the work. Minor equipment such as brooms, rakes, shovels, etc. need not be listed. Use additional sheets of paper as needed. 20 - 55' Aerial Booms, 2 - 95' Aerial, 2 - 65' Aerial, 15 - 10 Yard Dump, 10 - 5 Yard Dump, 4 - 40 Yard Roll -Off Box Trucks, 25 ton Crane, 10 ton Crane, 20+ Chippers, 6 - Grinders, 18 Full Crews City Tree Pruning & Maintenance Contract - Proposal No. 12- RFP -PW -357 Firm Name: WEST COAST ARBORISTS, INC. Address: 2200 E. Via Burton Street Anaheim, 6A 92806 Telephone: 800/521 -3 '! ;1 By Patrick Mahoney r Signature A o ed Representative of Contractor a Title: Presido-nt 3 Contractor is required to provide a copy of at least one of the following documents: Injury and Illness Prevention Plan (IIPP), Code of Safe Practices, or other applicable safety related plan(s) or policies. Copy attached? Yes ID No ❑ City Tree Pruning & Maintenance Contract - Proposal No. 12- RFP -PW -357 E -1 ATTACHMENT E — NON COLLUSION DECLARATION I, Patrick Mahoney , declare as follows: That I am the President of WEST COAST ARSORISTS, INC, the party making the attached proposal; that the proposal is not made in the interest of any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and had not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal or that anyone shall refrain from proposing, that the proposer has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true, and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member of agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 6th day of September , 2011 at Gilroy, California. By ck Title: NOTE: Signature must be notarized. Authority: Public Contract Code 71.06 CCP 2015.5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT �y�Y ul?Se:�:�:hcG'r'_SrY:fi. s41'- ��� .:k- '�' >f::CC�"'e..�ul�y✓`;C'1t !` ��C; e, r '.4t;��'11',(,�,4C`�•C,S'r�:SrY x::�G� ._��.�:. Y F: <:4'�:.y �- :�'C,.�, �.uY:.::��':. State of California County of Orange 09/06111 Victor M. Gonzalez Notary Public On .. - - - - - -- before me, - ------ - - - - -- - -_..._ £�at.... _.. =- ='— -- �- -- -- ...._... - - - - -- - - -> i, _ Fforo Insert l3�,mr: anJ'ntlrr of fhc• 6ktiti;r personally appeared Patrick .Mahoney Narne(s} of signer(s) VICTOR M. GONZALEZ Commission # 1919509 z IS a !w Notary Publit • California 22 orange County " M1 Comm. Expires Jan 2712015 Flace Notary Seat Abc re who proved to me on the basis of isfactory evidence to be the person whose name(#) &4we subscribed to the hin instrument and acknow dged to me that he trey executed the sarne in hi herAheir authorized capacity(ies), and that bye0beMbeir signature( on the instrument the personfs; or the entity upon behalf of which the person(s} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and o ficial seat. Signature _ A. Segmrure of OPTIONAL Though the information below is not ragvired by law, it may prone valuable to persons relying on the document and could prevent 1fRLld11lan1 removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ATTACHMi3NT E - NON COLLUSION DECLARATION Document Date: ___ -- _ 09/06/11 — -_— Num't)er of Pages: Signers) Other Than Named Above: Capacity('ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney ._._____._- ❑ Individual ❑x Corporate Officer — Title(s): President ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee 7�p o. thamb here r ❑ Guardian or Conservator ❑ Other: --- .._ -. -- Signer Is Representing: wesicosst Arborists, Inc. 1 I Signer's Name: -_._.-....-_--__ ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: - Signer is Representing: `rest c°asl Arborists, Inc. fttGHTTHUMBP�tIiVr- ofSIGNER` t7 492(X37 Natiw-ial Kotuy lsstc�tien•�J. OOra Soto Are.,F7. r3ox 24lY2•Chc�nrxth.C.A gt=- 2442•vi..VWatior.0,bo_nrp.org Aern OSWI Aeonter Gill Tint -Free 1- 8M8/FUy?7 City Tree Pruning & Maintenance Contract - Proposal No. 12- R_FP-PW -357 ATTACHMENT F — SAFETY — WORKERS' COMPENSA'T'ION EXPERIENCE MODIFICATION RATE STATEMENT The following information will be used to determine if Contractor meets the minimum safety requirements for this project. To qualify to bid and be awarded the project, the Contractor's three year average Workers' Compensation Experience Modification must not be greater than 1.00 (100 %). The Contractor shall list its Experience Modification Rate (EMR) for the last three complete years. This information should be available from your insurance carrier. To verify the above information, the City will contact the Contractor's Workers' Compensation Insurance carrier. Failure to release this information will result in the bid being non - responsive and result in automatic disqualification of the bid. The undersigned hereby authorizes the insurance company listed below to release the information requested hereon to an authorized City of Gilroy representative. Workers' Compensation Insurance Company: Contact Person for Insurance Company: Insurance Company Contact Person Phone Number: Signed this 6th day of September WEST? COAST Preside Title of Sie RISTS, INC. Liberty Mutual Insurance Group Elaine Ulan 800 - 464 -7009 or 213 -624 -1171 ext 35211 2011 Patrick Mahoney Tree Ccln, Profissiona& Serving- Corlirnunities i %ho Care Abom' S,", tate of California .a AC STATE LICENSE BOARD �W--" tra ACTIVE 11-1 CENSE Comiumer Alb 1 r, 366*764 I CORI` -= - 'T `�PBOPIMFS- 1't\IC VV 4 COAC-1 e..=zi s 'b, turn" v/,,vv/.VVCA!NC.com 0 0) 0 co LO O X0 0 C m 0 0 SI > o tr 4 CIA L.Li < cr LU LL U) z r-4 0 -4-1 N -f < Cl. CD 7 t- ui Fall I — cr, z x LU r Cu C) U) M -mow _0 (D E -0 X — z .6 M > 0 CIO cc cu c C'i c :�, cn c-. a ID oz 0 2 cz 1.0 a C) C.) mc -0 C\1 0 • 0 0 o'" 0 0 .0 CZ cn CL Z) 0 cl, 0 cn CL C: 0 z cz > :7 0 as CL Certificate of Insurance �ro� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE. POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED. ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMMILIMITS NOT LISTED BELOW. This is to Certify that WEST COAST ARBURISTS, INC rty, j iNAr�IE AND low 2200 EAST VIA BURTON ADDRESS L b OF INSURED o 1 11 ANAHEIM CA 92806 Mu ula is, at the issue date of this certificate, insured by the Company under the pulicy(ics) listed below. The insurance aflbrded by the listed policy(ies) is subject to all their terns, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. , If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENi'ERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Liberty Mutual Insurance Group ['City of Gilroy EXP DATE ��-J TYPE OF POLICY ❑ CONTINUOUS ® EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM Los Angeles / 0603 AUTHORIZED REPRESENTATIVE. WORKERS COMPENSATION STATUTORY 7/'1 /20'12 WA2 -66D- 039499 -071 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: CA EMPLOYERS LIABILITY Bodily Injury by Accident 1. 000 000 Each Accident Bodily Injury By Disease L Gilroy CA 95020 OFFICE PHONE DATE ISSUED $1 M0.000 Bodily Injury By Disease 31,000,000 a r rron COMMERCIAL GENERAL LIABILITY 711/2012 TB2- 661 - 039499 -011 General Aggregate 2 000 000 Products I Completed Operations Aggregate $2,000,000 10 OCCURRENCE ® CLAIMS MADE Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Per Person /Organization RETRO DATE 'ME DAMAGES $100,000 %M DICAL PAYMENTS $5,000 AUTOMOBILE LIABILITY 7/1/2012 AS7- 661 - 039499 -031 EaehAccident— SinglcLimit $1,000,000 B.I. And P.D. Combined -�77 @ OWNED Each Person Each Accident or Occurrence RNON -OWNED LJ HIRED Each Accident or Occurrence OTHER Umbrella Excess Liability 7/1/2011 7/1/2012 TF17 -661- 039499 -041 $5,000,000 PER OCCURRENCE/AGGREGATE ADDITIONAL COMMENTS Per Form CG2010 07 04, the City of Gilroy is included as Additional Insured for the General Liability, but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. , If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENi'ERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Liberty Mutual Insurance Group ['City of Gilroy I ��-J Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE. c o 818 W 7th Street, Suite 850 0564408 7351 Rosanna Street Los Angeles CA 90017 213 -624 -1171 7/6/2011 L Gilroy CA 95020 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NN1 772 07 -10 LDI COI 268896 02 11 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED. ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT;LIMITS NOT LISTED BELOW. This is to Certify that WEST COAST ARBORISTS, INC 2200 EAST VIA BURTON NAME AND Li ber ADDRESS ® ANAHEIM CA 92806 OF INSURED Mutual is, at the issue date of this certificate, insured by the Company under the policy(ics) listed below. The insurance afforded by the listed policy(ics) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. « If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN M:VLED TO: Liberh Mutual Insurance Group F—City of Gilroy --I &�' 2 Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 7351 Rosanna Street Los Angeles CA 90017 213- 624 -1171 9/19/2012 Lilroy CA 95020 I OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 LDI COI 268896 02 11 EXP DATE TYPE OF POLICY ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM WORKERS 7/1/2013 WA2- 66D- 039499 -072 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: EMPLOYERS LIABILITY COMPENSATION STATUTORY CA Bodily [duty by Accident 1 000 OOO e� n n« aznt Bodily Injury By Disease $1,000,000 Bodily Injury By Disease $1,000,000 Each Person COMMERCIAL GENERAL LIABILITY 7/1/2013 T132- 661 - 039499 -012 General Aggregate $2,000,000 ❑ OCCURRENCE Products- / Completed Operations Aggregate $2,000,000 ❑ CLAIMS MADE Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Per Person/ Organization RETRO DATE FIRE DAMAGES $100,000 GtMEDICAL PAYMENTS $5,000 AUTOMOBILE LIABILITY 7/1/2013 AS7- 661 - 039499 -032 Each Accident — Single Limit $1,000,000 B.I. And P.D. Combined OWNED Each Person Each Accident or Occurrence ❑ NON -OWNED MHIRED Each Accident or Occurrence OTHER Umbrella Excess Liability 7/1/2012 7/112013 TH7- 661 - 039499 -042 $5,000,000 PER OCCURRENCE /AGGREGATE ADDITIONAL COMMENTS Per form CG2012 0509 the City of Gilroy, its officers and employees are included as Additional Insured(s) for the General Liability, but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Waiver of Subrogation in included in favor of the City of Gilroy, its officers and employees. « If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN M:VLED TO: Liberh Mutual Insurance Group F—City of Gilroy --I &�' 2 Elaine Ulan Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 7351 Rosanna Street Los Angeles CA 90017 213- 624 -1171 9/19/2012 Lilroy CA 95020 I OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 LDI COI 268896 02 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: City of Gilroy, its officers, and employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an insured any state or governmental agen- cy or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or author- ization. 2. This insurance does not apply to: a. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products- completed operations hazard" Thi, endorsement is executed be the 1.1MRTY MUTUAL FIRF INSUR:ANCU COMPANY Prom um Effective Date 09/17/2012 Vxpiration Date 07/01/2013 For attachment to Policy No. 'I'B2- 661 - 039499 -012 :Audit lia,is I,SnCd TO West Coast Arborists, Inc. and as per Named Insured Undorsement l,sucd Dk 9/ 18/2012 Countersigned be Sate, Office and No. Los Angeles, CA — 0603 ,ni d Represau,un e Fnd. Serial No. CG 20 12 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 Certificate of Insurance 'HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that EST COAST ARBORISTS, INC � NAME AND Libe 2200 EAST VIA BURTON ADDRESS " OF INSURED Mutual ANAHEIM CA 92806 is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Liberty Mutual Insurance Group rCity of Gilroy � Elaine Ulan A Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 u x 7351 Rosanna Street Los Angeles CA 90017 213 - 624 -1171 6/6/2012 91 lroy CA 95020 I OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 EXP DATE TYPE OF POLICY ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ® POLICY TERM WORKERS COMPENSATION STATUTORY 7/1/2013 WA2 -66D- 039499 -072 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: CA EMPLOYERS LIABILITY Bodily Injury by Accident 1 OOO OOOEach Accident Bodily Injury By Disease $1,000,000 Bodily Injury By Disease $1,000,000 E h P r ❑ COMMERCIAL GENERAL LIABILITY 7/1/2013 TB2- 661 - 039499 -012 General Aggregate $2,000,000 Products / Completed Operations Aggregate ❑ OCCURRENCE 2 000 000 El CLAIMS MADE Each Occurrence $1,000,000 Personal & Advertising Injury $1 000,000 Per Person/ Organization RETRO DATE OP&E DAMAGES $100,000 Gt ��DICAL PAYMENTS $5,000 AUTOMOBILE LIABILITY 7/1/2013 AS7- 661 - 039499 -032 Each Accident--Single Limit $1,000,000 B.I. And P.D. Combined OWNED Each Person Each Accident or Occurrence ❑ NON -OWNED HIRED Each Accident or Occurrence OTHER Umbrella Excess Liability 7/1/2012 7/1/2013 TH7- 661 - 039499 -042 $5,000,000 PER OCCURRENCE /AGGREGATE ADDITIONAL COMMENTS Per Form CG2010 07 04, the City of Gilroy is included as Additional Insured for the General Liability, but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: Liberty Mutual Insurance Group rCity of Gilroy � Elaine Ulan A Los Angeles / 0603 AUTHORIZED REPRESENTATIVE 818 W 7th Street, Suite 850 0564408 u x 7351 Rosanna Street Los Angeles CA 90017 213 - 624 -1171 6/6/2012 91 lroy CA 95020 I OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ ization s : Location(s) Of Covered Operations Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liability - insurance. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury ", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional. insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 2 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. This endorsement is executed by the LIBERTY MUTUAL-FIRE INSURANCE COMPANY Premium $ Effective Date Expiration Date For attachment to Policy No. TB2- 661 - 039499 -012 Audit Basis Issued To Countersigned by Authorized Representative Issued Sales Office and No. End. Serial No. Page 2 of 2 0 ISO Properties, Inc., 2004 CG 2010 07 04