HomeMy WebLinkAbout09-20-2023 City Council Agenda PacketSaratoga City Council Agenda September 20, 2023 – Page 1 of 3
SARATOGA CITY COUNCIL
REGULAR MEETING
SEPTEMBER 20, 2023
Public Participation Information
In accordance with Saratoga City Council’s Remote Public Participation Policy, members of the
public may participate in these meetings in person at the locations listed below or via remote
attendance (if applicable) using the Zoom information below. In the event remote participation
technology is unexpectedly unavailable, the meeting will proceed in person without remote
participation.
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
1. Attending the meeting in person at:
• Saratoga Civic Theater, Council Chambers located at 13777 Fruitvale Avenue, Saratoga CA
95070; OR
• 711 16th Street, Sacramento, CA 95814; OR
• 1230 J Street, Sacramento, CA 95814; OR
2. Accessing the meeting through Zoom
• Webinar URL: https://us02web.zoom.us/j/81627041223
• Webinar ID: 816 2704 1223
• Call In: 1.408.638.0968 or 1.669.900.6833; OR
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99 and calling in following the direction above; OR
4. Viewing online at www.saratoga.ca.us/watch and calling in following the direction above.
Written Communication
Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications
will be provided to the members of the City Council and included in the Agenda Packet and/or in
supplemental meeting materials.
Public Comment
Members of the public may comment on any item for up to three (3) minutes. The amount of time
for public comment may be reduced by the Mayor or by action of the City Council. Public
Comment will begin with speakers attending in-person first followed by those attending via Zoom.
Meeting Recording Information
In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study
Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the
Planning Commission, and Regular Session Meetings are recorded and made available following
the meeting on the City website.
Saratoga City Council Agenda September 20, 2023 – Page 2 of 3
7:00 PM REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on September 14, 2023.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council on matters not on the Agenda. The law
generally prohibits the City Council from discussing or taking action on such items. However, the
Council may instruct staff accordingly.
ANNOUNCEMENTS
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the Mayor
remove an item from the Consent Calendar for discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the September 6, 2023, City Council Regular Meeting.
Staff Report
Attachment A - Minutes for the September 6, 2023 City Council Regular Meeting
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 08/30/2023 and 09/07/2023 accounts payable vendor payment check
registers.
Staff Report
Attachment A - Check Register 08-30-2023
Attachment B - Check Register 09-07-2023
2. GENERAL BUSINESS
2.1. Tree Maintenance Contracts with Oscar’s Tree Service, Mario Topete Tree Care, and
West Coast Arborist
Recommended Action:
Authorize the City Manager to execute the following tree maintenance service contracts:
• Oscar’s Tree Service in an amount not to exceed $150,000.00;
• Mario Topete Tree Care in an amount not to exceed $100,000.00; and,
• West Coast Arborist in an amount not to exceed $100,000.00.
Staff Report
Attachment A - Oscars Tree Contract
Attachment B - Mario Topete Tree Contract
Attachment C - West Coast Tree Contract
Saratoga City Council Agenda September 20, 2023 – Page 3 of 3
COUNCIL ASSIGNMENTS
Council Assignments
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council was posted and available for review on September 14, 2023 at the City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at
www.saratoga.ca.us.
Signed this 14th day of September 2023 at Saratoga, California.
Britt Avrit, MMC, City Clerk
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda, copies of materials
distributed to the City Council concurrently with the posting of the agenda, and materials
distributed to the City Council by staff after the posting of the agenda are available on the City
website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777
Fruitvale Avenue, Saratoga, California.
In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting, please contact the City Clerk at
bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City
will use its best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II]
SARATOGA CITY COUNCIL
MEETING DATE:September 20, 2023
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the Minutes for the September 6,2023,City Council Regular Meeting.
BACKGROUND:
Draft City Council Minutes for each Council Meeting are taken to the City Council to be reviewed
for accuracy and approval. Following City Council approval, minutes are retained for legislative
history and posted on the City of Saratoga website. The draft minutes are attached to this report
for Council review and approval.
ATTACHMENT:
Attachment A -Minutes for the September 6, 2023, City Council Regular Meeting
4
Saratoga City Council Minutes ~ September 6, 2023 ~ Page 1 of 8
MINUTES
WEDNESDAY, SEPTEMBER 6, 2023
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the City Council held a Joint Session with KSAR in the Linda Callon Conference
Room.
Mayor Fitzsimmons invited public comment.
The following individual spoke:
Melissa Toren of KCAT discussed the potential joining together of KSAR and KCAT.
Mayor Fitzsimmons called the Regular Session to order at 7:00 p.m.
ROLL CALL
PRESENT:Mayor Kookie Fitzsimmons, Vice Mayor Yan Zhao, Council Members
Belal Aftab, Chuck Page, Tina Walia
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Richard Taylor, City Attorney
John Cherbone, Public Works Director
Bryan Swanson, Community Development Director
Dan Jacobson, Interim Administrative Services Director
Britt Avrit, City Clerk
Nicole Johnson, Senior Planner
David Dorcich, Associate Civil Engineer
Mainini Cabute, Environmental Programs Manager
REPORT ON POSTING OF THE AGENDA
The City Clerk reported the agenda for this meeting was properly posted on August 31, 2023.
REPORT FROM JOINT SESSION
Mayor Fitzsimmons stated the City Council held a Joint Session with KSAR prior to the Regular
Session.
Tom Moran, KSAR Board Chair provided a report of the City Council Joint Session.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Fitzsimmons invited public comment.
The following individual spoke:
Bill Dalton discussed the Our Neighborhood Voices Initiative.
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Saratoga City Council Minutes ~ September 6, 2023 ~ Page 2 of 8
ANNOUNCEMENTS
Mayor Fitzsimmons shared information about the State of the City Event, Saratoga Loves Poetry
and Council Meeting Previews and Summaries by Hamlet.
CEREMONIAL ITEM
Recognizing Joseph Long Jr.
Recommended Action:
Join County Supervisor Joe Simitian in recognizing Joseph Long Jr. for his 21 years of
service as a member of the Saratoga Fire Protection District Board of Commissioners.
The City Council joined County Supervisor Joe Simitian in recognizing Joseph Long Jr. for
his 21 years of service as a member of the Saratoga Fire Protection District Board of
Commissioners and presented him with a key to the City.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
SPECIAL PRESENTATION
Special Presentation by Silicon Valley Clean Energy (SVCE)
Recommended Action:
Receive presentation of the 2023 Electric Showcase Awards by Silicon Valley Clean
Energy (SVCE).
Silicon Valley Clean Energy CEO, Girish Balachandran, provided a presentation of the 2023
Electric Showcase Awards.
Mayor Fitzsimmons invited public comment.
No one requested to speak.
1.CONSENT CALENDAR
Mayor Fitzsimmons invited public comment.
No one requested to speak.
Council Member Page requested Item 1.11 be removed for separate discussion.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the July 19, 2023, City Council Regular Meeting.
PAGE/ZHAO MOVED TO APPROVE THE MINUTES FOR THE JULY 19, 2023,
CITY COUNCIL REGULAR MEETING.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ September 6, 2023 ~ Page 3 of 8
1.2. Review and Accept Accounts Payable Check Registers
Recommended Action:
Review and accept the 07/13/2023, 07/20/2023, 07/28/2023, 08/03/2023, 08/11/2023,
08/17/2023, and 08/24/2023 accounts payable vendor payment check registers.
PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE 07/13/2023, 07/20/2023,
07/28/2023, 08/03/2023, 08/11/2023, 08/17/2023, AND 08/24/2023 ACCOUNTS
PAYABLE VENDOR PAYMENT CHECK REGISTERS.MOTION PASSED BY THE
FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.3. Treasurer’s Report for the Month Ended June 30, 2023
Recommended Action:
Review and accept the Treasurer’s Report for the month ended June 30, 2023.
PAGE/ZHAO MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT
FOR THE MONTH ENDED JUNE 30, 2023.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.4. Award of Contract for Janitorial Services
Recommended Action:
Approve a two-year contract with North Bay Building Maintenance (NBBM) for janitorial
services and authorize the City Manager to execute the same.
PAGE/ZHAO MOVED TO APPROVE A TWO-YEAR CONTRACT WITH NORTH
BAY BUILDING MAINTENANCE (NBBM) FOR JANITORIAL SERVICES AND
AUTHORIZE THE CITY MANAGER TO EXECUTE THE SAME.MOTION PASSED
BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.5. 4Leaf, Inc. Building Inspection Services Contract for $65,000.00
Recommended Action:
Authorize the City Manager to execute a contract with 4Leaf, Inc. for as-needed
professional building inspection services in the amount of $65,000.00 for FY 2023-24.
PAGE/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONTRACT WITH 4LEAF, INC. FOR AS-NEEDED PROFESSIONAL BUILDING
INSPECTION SERVICES IN THE AMOUNT OF $65,000.00 FOR FY 2023-24.
MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA,
ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.6. Lynx Technologies, Inc. Geographic Information System (GIS) Consultant Contract in
the amount of $35,400.00
Recommended Action:
Authorize the City Manager to execute a contract with Lynx Technologies, Inc. Geographic
Information System (GIS) Consultant services in the amount of $35,400.00 for FY 2023-24.
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Saratoga City Council Minutes ~ September 6, 2023 ~ Page 4 of 8
PAGE/ZHAO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A
CONTRACT WITH LYNX TECHNOLOGIES, INC. GEOGRAPHIC
INFORMATION SYSTEM (GIS) CONSULTANT SERVICES IN THE AMOUNT OF
$35,400.00 FOR FY 2023-24.MOTION PASSED BY THE FOLLOWING VOTE: AYES:
AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE.
RECUSED: NONE. ABSENT: NONE.
1.7. Final Map Approval for Two Lots Located At 20034 Herriman Avenue
Recommended Action:
Adopt the Resolution granting final map approval of tentative map application No. SUB 20-
0001 for two lots located at 20034 Herriman Avenue (APN 397-25-080) and authorizing
ancillary actions.
RESOLUTION 23-073
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP
APPROVAL OF TENTATIVE MAP APPLICATION NO. SUB 20-0001 FOR TWO
LOTS LOCATED AT 20034 HERRIMAN AVENUE (APN 397-25-080) AND
AUTHORIZING ANCILLARY ACTIONS.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.8. Final Map Approval for Two Lots Located at 14695 Horseshoe Drive
Recommended Action:
Adopt the Resolution granting final map approval of parcel map application No. ULS22-
0011 for two lots located at 14695 Horseshoe Drive (APN: 397 20 055).
RESOLUTION 23-074
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP
APPROVAL OF PARCEL MAP APPLICATION NO. ULS22-0011 FOR TWO LOTS
LOCATED AT 14695 HORSESHOE DRIVE (APN: 397 20 055).MOTION PASSED BY
THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.9. Final Map Approval for Two Lots Located at 20170 Bonnie Brae Way
Recommended Action:
Adopt the Resolution granting final map approval of parcel map application No. ULS22-
0021 for two lots located at 20170 Bonnie Brae Way (APN: 517 20 021).
RESOLUTION 23-075
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION GRANTING FINAL MAP
APPROVAL OF PARCEL MAP APPLICATION NO. ULS22-0021 FOR TWO LOTS
LOCATED AT 20170 BONNIE BRAE WAY (APN: 517 20 021).MOTION PASSED BY
THE FOLLOWING VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
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Saratoga City Council Minutes ~ September 6, 2023 ~ Page 5 of 8
1.10. Amended Joint Powers Agreement and Cooperation Agreement to Undertake
Community Development Block Grant Program (CDBG) Activities
Recommended Action:
Adopt the Resolution authorizing the City Manager to enter into an Amended Joint Exercise
of Powers Agreement and Cooperation Agreement with the County of Santa Clara relating
to essential community development and housing assistance activities funded by the Federal
government for the Community Development Block Grant (CDBG) and HOME Program.
RESOLUTION 23-076
PAGE/ZHAO MOVED TO ADOPT THE RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AMENDED JOINT EXERCISE OF POWERS
AGREEMENT AND COOPERATION AGREEMENT WITH THE COUNTY OF
SANTA CLARA RELATING TO ESSENTIAL COMMUNITY DEVELOPMENT
AND HOUSING ASSISTANCE ACTIVITIES FUNDED BY THE FEDERAL
GOVERNMENT FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) AND HOME PROGRAM.MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
1.11. Friendship City with New Taipei City Memorandum of Understanding (MOU)
Recommended Action:
Approve the Friendship City Memorandum of Understanding (MOU) with New Taipei City
in Taiwan.
Council Member Page requested removal of the last sentence of Section B in the
Memorandum of Understanding “Areas of Cooperation” that reads: "And, where appropriate,
the Participants may document specific cooperation through implementing arrangements."
PAGE/WALIA MOVED TO APPROVE THE FRIENDSHIP CITY MEMORANDUM
OF UNDERSTANDING (MOU) AS AMENDED, WITH NEW TAIPEI CITY IN
TAIWAN.MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE,
WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
2.PUBLIC HEARING
2.1. MISC23-0010 – Extension request for the Temporary Compliance Plan for Winery
Operations at House Family Vineyards at 13340 Old Oak Way.
Recommended Action:
Adopt the Resolution approving the Temporary Compliance Plan extension subject to
conditions of approval.
Nicole Johnson, Senior Planner, presented the staff report.
Jim Cargill, representing House Family Vineyards presented remarks regarding the
application.
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Saratoga City Council Minutes ~ September 6, 2023 ~ Page 6 of 8
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Robert Rollin, Peeyush Jain,Karen Dunn,Dan
Rusanowsky, Mark Escobar, Edward Fotion, Antoinette Romeo, Mike Gioni, Jill Martin,
Steve Coates, Horst Brenner, W. Caruso, Jonathan Goodling, Stephanie Pando, Stan
Bogosian, David Zwich, Joe Aboud, Alexa John, Courtney Pando, Joe Aboud, Jr., Nancy
Lietzke, Pragati Grover, Minh Ngo, Kit Chee, Dave Rossi, Tiger Teerlink, Paul Fulton, Kelly
Medrano, Bill Keyes, Cody Teerlink, Imran Ullah, Jonathan Mei;
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 9:30 p.m.
The following individuals spoke: Jim House, Cheriel Jensen, Glenda Aune, Bob Pando, Dave
Lemire, Travis Foster, Sri Mann, Litsung Chen, Nikil Balakrishnan on behalf of his mother.
PAGE/AFTAB MOVED TO ADOPT THE RESOLUTION WITH AN AMENDMENT
ALLOWING CATERING CONSISTENT WITH THE REQUIREMENTS OF THE
DEPARTMENT OF ENVIRONMENTAL HEALTH.
Additional discussion took place.
RESOLUTION 23-077
PAGE/AFTAB MOVED TO APPROVE THE PROPOSED RESOLUTION WITH
TWO CHANGES: (1) IF STAFF BELIEVES THAT THE JANUARY 12 DEADLINE
FOR RESOLVING ITEMS REQUESTED BY THE CITY FOR THE EIR HAS NOT
BEEN MET THE MATTER SHALL BE BROUGHT TO THE CITY COUNCIL FOR
REVIEW AND DETERMINATION IF THE TCP SHOULD BE SUSPENDED OR
REVOKED AND (2) REPLACING THE PROHIBITION ON CATERING WITH A
SENTENCE AUTHORIZING CATERING IN A MANNER CONSISTENT WITH
THE REQUIREMENTS OF THE DEPARTMENT OF ENVIRONMENTAL
HEALTH. MOTION PASSED BY THE FOLLOWING VOTE: AYES: AFTAB, PAGE,
FITZSIMMONS. NOES: WALIA, ZHAO. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
Mayor Fitzsimmons requested a recess at this time.
Mayor Fitzsimmons reconvened the meeting at 11:10 p.m.
3.GENERAL BUSINESS
3.1. Budget Amendment
Recommended Action:
Adopt the Resolution amending the 2023-24 City Council adopted budget.
Dan Jacobson, Interim Administrative Services Director, presented the staff report.
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Saratoga City Council Minutes ~ September 6, 2023 ~ Page 7 of 8
Mayor Fitzsimmons invited public comment.
No one requested to speak.
RESOLUTION 23-078
PAGE/WALIA MOVED TO ADOPT THE RESOLUTION AMENDING THE 2023-24
CITY COUNCIL ADOPTED BUDGET.MOTION PASSED BY THE FOLLOWING
VOTE: AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE.
ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
3.2. Summary of City of Saratoga’s Environmental Program
Recommended Action:
Accept report on the City of Saratoga’s Environmental Program and direct staff on next
steps.
Mainini Cabute, Environmental Programs Manager, presented the staff report.
Mayor Fitzsimmons invited public comment.
The following individuals spoke: Neha, Nicole Lee, Aiden Chen, Katherine, Amanda, Mark
Yu, Lana Levison
WALIA/AFTAB MOVED TO ACCEPT REPORT ON THE CITY OF SARATOGA’S
ENVIRONMENTAL PROGRAM.MOTION PASSED BY THE FOLLOWING VOTE:
AYES: AFTAB, PAGE, WALIA, ZHAO, FITZSIMMONS. NOES: NONE. ABSTAIN:
NONE. RECUSED: NONE. ABSENT: NONE.
COUNCIL ASSIGNMENTS
Council Member Tina Walia
KSAR Community Access TV Board – stated John Dietrich, KSAR’s new Station Manager was
introduced.
Cities Association of Santa Clara County Board of Directors –stated in lieu of a meeting the Board
held a Regional Housing Bond Symposium.
Silicon Valley Clean Energy Authority Board of Directors – stated the Board approved a contract
for a new solar energy facility and a contract for a new battery energy storage project.
Council Member Chuck Page
West Valley Solid Waste Management Authority Board of Directors – Council Member Page
discussed the collection of municipal waste percentage for cities in the region.
West Valley Clean Water Program Authority Board of Directors – stated the results from a recent
survey regarding clean storm drain water indicates voters are not in favor of a tax measure related
to the topic.
Council Member Belal Aftab
Valley Transportation Authority (VTA) Policy Advisory Committee – stated the Committee
reviewed the Climate Action and Adaptation Plan, a Bike & Pedestrian Safety Campaign was
launched and Council Member Aftab provided statistics related to VTA usage for the Taylor Swift
concert.
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Saratoga City Council Minutes ~ September 6, 2023 ~ Page 8 of 8
Vice Mayor Yan Zhao
Nothing to report.
Mayor Kookie Fitzsimmons
Hakone Foundation Executive Board – stated Emily Lo is Chair, Beverly Harada is Vice Chair
and Bonnie Yamaoka is a new Board of Trustee Member; the opening for the Origami show is
September 10, 2023 and runs through December.
CITY COUNCIL ITEMS
None
COUNCIL COMMUNICATIONS
None
CITY MANAGER'S REPORT
None
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
Mayor Fitzsimmons adjourned the meeting at 11:43 p.m.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
12
SARATOGA CITY COUNCIL
MEETING DATE: September 20, 2023
DEPARTMENT: Administrative Services
PREPARED BY: Vivian Lu, Accounting Technician
SUBJECT: Review and Accept Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept the 08/30/2023 and 09/07/2023 accounts payable vendor payment check registers.
BACKGROUND:
The accounts payable check registers report payments to vendors for goods and services properly procured
and approved for payment in accordance with the City’s administrative purchasing policy. The information
listed below lists vendor payments exceeding $20,000 and any checks that were voided during the time
period. The complete check register(s) and summary by Fund are provided as attachments to this report.
ATTACHMENTS:
Attachment A - Check Register Reports Dated 08-30-2023
Attachment B - Check Register Reports Dated 09-07-2023
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
08/30/2023 148171 148199 29 455,410.35 08/30/2023 08/24/2023 148170
09/07/2023 148200 148226 27 657,404.41 09/07/2023 08/30/2023 148199
Accounts Payable checks issued for $20,000 or greater:
Date Check #Dept. Amount
08/30/2023 148174 City of San Jose General Fund ASD July - September 2023 Animal Services 58,989.57
08/30/2023 148177 Dinsmore Landscape Company
Various Funds PW July 2023 Citywide Landscape Services 33,894.18
08/30/2023 148184 O'Grady Paving Inc CIP Street Projects & Gas Tax Funds PW Retention Release PO#20230095 162,960.58
08/30/2023 148185 O'Grady Paving Inc CIP Street Projects Fund PW McCoy Ave Speed Humps & Striping Project 32,000.00
08/30/2023 148186 O'Grady Paving Inc
CIP Street Projects Fund PW Reid Lane Speed Humps & Striping Project 51,000.00
08/30/2023 148191 Shute, Mihaly & Weinberger LLC General Fund Various July 2023 Attorney Services 49,819.57
09/07/2023 148206 Dinsmore Landscape Company Various Funds PW August 2023 Citywide Landscape Services 33,894.18
09/07/2023 148208 Jinshan Zhang General Fund CDD Deposit Refund ARB19-0067 509,468.75
09/07/2023 148219 San Jose Water Company
Various Funds Various Water Services 45,431.38
Accounts Payable checks voided during this time period:
AP Date Check #Amount
N/A
Ending Check #
Starting
Check #Type of Checks Date
Checks ReleasedTotal Checks Amount
Accounts Payable
Accounts Payable
Fund Purpose
StatusReason Issued to
Issued to
13
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 08/30/2023 CITY OF SARATOGA VENCHK11
TIME: 15:02:32 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 2/24
FUND FUND TITLE AMOUNT
111 GENERAL FUND 181,377.59
241 ARROYO DE SARATOGA LNDSCP 159.13
242 BONNET WAY LANDSCAPE 212.16
243 CARNELIAN GLEN LANDSCAPE 212.16
244 CUNNINGHAM/GLASGOW LND 106.09
245 FREDERICKSBURG LANDSCAPE 159.13
246 GREENBRIAR LANDSCAPE 106.09
247 KERWIN RANCH LANDSCAPE 848.68
248 LEUTAR COURT LANDSCAPE 159.13
249 MANOR DRIVE LANDSCAPE 159.13
251 MCCARTYSVILLE LANDSCAPE 487.60
252 PRIDES CROSSING LANDSCAPE 318.26
253 SARATOGA LEGEND LANDSCAPE 265.21
254 SUNLAND PARK LANDSCAPE 848.68
255 TRICIA WOODS LANDSCAPE 159.13
256 ALLENDALE LANDSCAPE 106.09
257 COVINA LANDSCAPING DIST 318.26
271 BEUACHAMPS L&L 424.34
272 BELLGROVE L&L 3,686.79
273 GATEWAY L&L 212.16
274 HORSESHOE DRIVE L&L 212.16
276 TOLLGATE L&L 53.04
278 WESTBROOK L&L 159.13
279 BROOKVIEW L&L 212.17
292 PARAMOUNT COURT SWD 318.26
311 2001 LIBRARY GO BONDS 750.00
411 CIP STREET PROJECTS FUND 166,591.27
414 CIP ADMIN PROJECTS FUND 5,247.00
434 CIP GRANT - ADMINISTRATN 9,468.50
481 GAS TAX FUND 79,369.31
612 WORKERS COMP FUND 82.00
621 OFFICE SUPPORT 913.70
624 BUILDING MAINTENANCE 1,708.00
TOTAL REPORT 455,410.35
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SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 08/30/2023 CITY OF SARATOGA VENCHK11
TIME: 15:01:47 CHECK REGISTER ACCOUNTING PERIOD: 2/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
148171 11111 08/30/23 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 384.98
148171 11111 08/30/23 35 ACCENT GRAPHICS 64121 PRINTING SERVICES 913.70
TOTAL CHECK 1,298.68
148172 11111 08/30/23 1137 BEAR ELECTRICAL SOLUTIONS 64534 TRAFFIC SIGNAL MAINT 510.00
148173 11111 08/30/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 293.34
148173 11111 08/30/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 209.13
148173 11111 08/30/23 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORMS 61.25
TOTAL CHECK 563.72
148174 11111 08/30/23 517 CITY OF SAN JOSE 64821 JUL-SEP23 ANIMAL SRVC 58,989.57
148175 11111 08/30/23 342 DATA TICKET INC 62481 JUL 2023 CITATION 100.00
148176 1717 DINSMORE LANDSCAPE COMPAN VOID: MULTI STUB CHECK
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64543 JUL MEDIAN LOCATIONS 8,009.42
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL ALLNDALE/HARLEIGH 106.09
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL ARROYO DE SARA 159.13
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL BEAUCHAMPS 424.34
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL BONNET WAY 212.16
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL BROOKVIEW/BRKGLEN 212.17
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL CARNELIAN GLEN 212.16
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL COVINA 318.26
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL CUNNINGHM/GLASCOW 106.09
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL FREDRICKSBURG 159.13
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL GATEWAY 212.16
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL GREENBRIAR 106.09
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL HORSESHOE DR 212.16
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL KERWIN RANCH 848.68
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL LEUTAR COURT 159.13
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL MANOR DRIVE 159.13
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL MCCARTYSVILLE 318.26
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL PARAMOUNT 318.26
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL PRIDES CROSSING 318.26
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL SARA LEGENDS 265.21
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL SUNLAND PARK 848.68
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL TOLLGATE 53.04
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL TRICIA WOODS 159.13
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL WESTBROOK 159.13
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64542 JUL PARKS LANDSCAPE 1,273.02
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64557 JUL PARKS LANDSCAPE 212.17
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64548 JUL PARKS LANDSCAPE 3,394.72
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64541 JUL PARKS LANDSCAPE 7,532.04
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64221 JUL DOWNTOWN LNDSCAPE 2,652.13
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64547 JUL BELLGROVE LNDSCAP 3,182.55
148177 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64555 JUL TRAILS LANDSCAPE 1,591.28
TOTAL CHECK 33,894.18
148178 11111 08/30/23 1717 DINSMORE LANDSCAPE COMPAN 64549 LANDSCAPE MAINT SVC 2,674.00
148179 11111 08/30/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 SUB20-0004 310.00
148179 11111 08/30/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 ULS22-0021 232.50
148179 11111 08/30/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 ULS22-0011 387.50
148179 11111 08/30/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 COC23-0001 155.00
15
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 08/30/2023 CITY OF SARATOGA VENCHK11
TIME: 15:01:47 CHECK REGISTER ACCOUNTING PERIOD: 2/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
148179 11111 08/30/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 ENV21-0001 465.00
148179 11111 08/30/23 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 ENV21-0001 232.50
TOTAL CHECK 1,782.50
148180 11111 08/30/23 14 HYDROTEC IRRIGATION EQUIP 64549 MCCARTYSVILLE IRR RPR 169.34
148180 11111 08/30/23 14 HYDROTEC IRRIGATION EQUIP 64549 BONNET WAY SPRINKLER 291.48
148180 11111 08/30/23 14 HYDROTEC IRRIGATION EQUIP 64549 WHH NOZZLES RPLC 214.80
148180 11111 08/30/23 14 HYDROTEC IRRIGATION EQUIP 64549 BELLGROVE CONTROLLERS 504.24
148180 11111 08/30/23 14 HYDROTEC IRRIGATION EQUIP 64549 CIVIC CTR FLOW RPR 156.84
148180 11111 08/30/23 14 HYDROTEC IRRIGATION EQUIP 64549 COMM. CTR FLOW RPR 93.75
148180 11111 08/30/23 14 HYDROTEC IRRIGATION EQUIP 64549 CIVIC CTR LEAK RPR 77.36
TOTAL CHECK 1,507.81
148181 11111 08/30/23 500 MOTI JIANDANI 43481 TREE REF TRP23-0413 130.00
148182 11111 08/30/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,708.00
148183 11111 08/30/23 1572 NBBM SERVICES, INC 64551 AUG WKND PK RESTROOM 4,239.83
148184 11111 08/30/23 777 O'GRADY PAVING, INC. 21132 RETENTION REL PO#095 79,369.31
148184 11111 08/30/23 777 O'GRADY PAVING, INC. 21132 RETENTION REL PO#095 83,591.27
TOTAL CHECK 162,960.58
148185 11111 08/30/23 777 O'GRADY PAVING, INC. 81161 MCCOY AVE SPEED PROJ 32,000.00
148186 11111 08/30/23 777 O'GRADY PAVING, INC. 81161 REID LANE SPEED PROJ 51,000.00
148187 11111 08/30/23 1658 ORCHARD KEEPERS, INC. 64554 JUN ORCHARD MAINT 16,674.66
148188 11111 08/30/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 FRUITVALE TREE MAINT 1,995.00
148188 11111 08/30/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 SARA AVE TREE MAINT 1,515.00
148188 11111 08/30/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 LA PALOMA TREE MAINT 550.00
TOTAL CHECK 4,060.00
148189 11111 08/30/23 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 34.53
148190 11111 08/30/23 1619 RICHARDSON CONSULTING 22119 ENV19-0005 7,670.00
148190 11111 08/30/23 1619 RICHARDSON CONSULTING 65411 JUL ADR PROJ REVIEWS 845.00
TOTAL CHECK 8,515.00
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 22119 AHFV EIR ENV21-0011 1,168.00
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 22119 SB35 PROJ SUB20-0004 3,942.00
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65212 ADMIN SVC 139.00
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65213 CDD 6,338.40
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65214 CDE 500.40
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 2,863.40
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65211 CM 3,113.60
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65216 FACILITIES 55.60
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65218 HR 83.40
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65256 NON-DEP 274.17
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 3,113.60
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65215 PW SUB20-0003 8,395.60
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 417.00
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 22119 QUITO OAKS SUB20-0003 1,058.50
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65213 CDD 1,378.70
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 407.40
16
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 08/30/2023 CITY OF SARATOGA VENCHK11
TIME: 15:01:47 CHECK REGISTER ACCOUNTING PERIOD: 2/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65215 PW SUB20-0003 1,358.70
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 22119 RW ENV19-0004 109.50
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 22119 RW ENV19-0005 474.50
148191 11111 08/30/23 154 SHUTE MIHALY & WEINBERGER 65223 GENERAL PLAN 14,628.10
TOTAL CHECK 49,819.57
148192 11111 08/30/23 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 515.07
148192 11111 08/30/23 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 2,462.50
TOTAL CHECK 2,977.57
148193 11111 08/30/23 236 SOLECTRIC ELECTRICAL 64549 WILDWOOD BRIDGE LIGHT 889.89
148194 11111 08/30/23 710 THE BANK OF NEW YORK MELL 71114 SARATOGA2011 ADMN FEE 750.00
148195 11111 08/30/23 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 82.00
148196 11111 08/30/23 343 TMT ENTERPRISES INC 61341 REDWOOD SAWDUST 437.51
148197 11111 08/30/23 1284 TRIPEPI, SMITH & ASSOCIAT 66311 ASD RECRUITMENT 3,095.25
148198 11111 08/30/23 1707 URBAN PLANNING PARTNERS, 81141 JUL HOUSING ELEMENT 9,468.50
148199 11111 08/30/23 1707 URBAN PLANNING PARTNERS, 81141 JUL SAFETY ELEMENT 5,247.00
TOTAL FUND 455,410.35
TOTAL REPORT 455,410.35
17
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 09/07/2023 CITY OF SARATOGA VENCHK11
TIME: 13:17:46 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 3/24
FUND FUND TITLE AMOUNT
111 GENERAL FUND 616,089.58
241 ARROYO DE SARATOGA LNDSCP 159.13
242 BONNET WAY LANDSCAPE 212.16
243 CARNELIAN GLEN LANDSCAPE 212.16
244 CUNNINGHAM/GLASGOW LND 106.09
245 FREDERICKSBURG LANDSCAPE 159.13
246 GREENBRIAR LANDSCAPE 106.09
247 KERWIN RANCH LANDSCAPE 848.68
248 LEUTAR COURT LANDSCAPE 159.13
249 MANOR DRIVE LANDSCAPE 159.13
251 MCCARTYSVILLE LANDSCAPE 318.26
252 PRIDES CROSSING LANDSCAPE 318.26
253 SARATOGA LEGEND LANDSCAPE 265.21
254 SUNLAND PARK LANDSCAPE 848.68
255 TRICIA WOODS LANDSCAPE 159.13
256 ALLENDALE LANDSCAPE 106.09
257 COVINA LANDSCAPING DIST 318.26
271 BEUACHAMPS L&L 424.34
272 BELLGROVE L&L 3,182.55
273 GATEWAY L&L 212.16
274 HORSESHOE DRIVE L&L 212.16
276 TOLLGATE L&L 133.34
278 WESTBROOK L&L 159.13
279 BROOKVIEW L&L 212.17
292 PARAMOUNT COURT SWD 318.26
411 CIP STREET PROJECTS FUND 11,800.00
432 CIP GRANT - PARK & TRAIL 5,000.00
611 LIABILITY /RISK MGMT FUND .00
612 WORKERS COMP FUND 100.00
622 IT SERVICES 1,267.53
623 VEHICLE & EQUIPMENT MAINT 10,329.20
624 BUILDING MAINTENANCE 3,508.40
TOTAL REPORT 657,404.41
18
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 09/07/2023 CITY OF SARATOGA VENCHK11
TIME: 13:17:06 CHECK REGISTER ACCOUNTING PERIOD: 3/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
148200 11111 09/07/23 234 A T & T 63211 QUITO IRR MODEM LINE 27.45
148200 11111 09/07/23 234 A T & T 63211 TITUS/PRSPECT MED-IRR 28.96
148200 11111 09/07/23 234 A T & T 63211 PROSPECT RD GRACE BLD 55.61
148200 11111 09/07/23 234 A T & T 63211 HISTORICAL PARK IRR 28.96
148200 11111 09/07/23 234 A T & T 63211 SUPERTRUNK 437.04
148200 11111 09/07/23 234 A T & T 63211 BIG BASIN WAY IRR 28.96
TOTAL CHECK 606.98
148201 11111 09/07/23 500 ANTHEM GROUP 22111 REF DEP ARB17-0066 23.03
148201 11111 09/07/23 500 ANTHEM GROUP 22113 REF DEP ARB19-0033 916.13
TOTAL CHECK 939.16
148202 11111 09/07/23 500 BYRON KEMPER 22113 REF BD DEP ARB21-0011 13,820.00
148202 11111 09/07/23 500 BYRON KEMPER 22111 REF DEP ARB21-0011 338.84
TOTAL CHECK 14,158.84
148203 11111 09/07/23 1598 DACO CONSTRUCTION 81161 PEACH HILL ROADWAY 11,800.00
148204 11111 09/07/23 500 DAVID & MICHELLE STELLMAN 43481 TREE REF TRP23-0435 130.00
148205 1717 DINSMORE LANDSCAPE COMPAN VOID: MULTI STUB CHECK
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64555 AUG TRAILS LANDSCAPE 1,591.28
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG BELLGROVE LNDSCAP 3,182.55
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64221 AUG DOWNTOWN LNDSCAPE 2,652.13
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64548 AUG PARKS LANDSCAPE 3,394.72
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64541 AUG PARKS LANDSCAPE 7,532.04
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64542 AUG PARKS LANDSCAPE 1,273.02
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64557 AUG PARKS LANDSCAPE 212.17
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG ALLNDALE/HARLEIGH 106.09
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG ARROYO DE SARA 159.13
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG BEAUCHAMPS 424.34
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG BONNET WAY 212.16
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG BROOKVIEW/BRKGLEN 212.17
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG CARNELIAN GLEN 212.16
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG COVINA 318.26
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG CUNNINGHM/GLASCOW 106.09
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG FREDRICKSBURG 159.13
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG GATEWAY 212.16
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG GREENBRIAR 106.09
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG HORSESHOE DRIVE 212.16
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG KERWIN RANCH 848.68
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG LEUTAR COURT 159.13
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG MANOR DRIVE 159.13
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG MCCARTYSVILLE 318.26
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG PARAMOUNT 318.26
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG PRIDES CROSSING 318.26
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG SARATOGA LEGENDS 265.21
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG SUNLAND PARK 848.68
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG TOLLGATE 53.04
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG TRICIA WOODS 159.13
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64547 AUG WESTBROOK 159.13
148206 11111 09/07/23 1717 DINSMORE LANDSCAPE COMPAN 64543 AUG MEDIAN LOCATIONS 8,009.42
TOTAL CHECK 33,894.18
148207 11111 09/07/23 500 JIANGANG LIANG 22113 REF BD DEP ARB21-0033 6,397.50
19
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 09/07/2023 CITY OF SARATOGA VENCHK11
TIME: 13:17:06 CHECK REGISTER ACCOUNTING PERIOD: 3/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
148207 11111 09/07/23 500 JIANGANG LIANG 22111 REF DEP ARB21-0033 350.88
TOTAL CHECK 6,748.38
148208 11111 09/07/23 500 JINSHAN ZHANG 22113 REF BD DEP ARB19-0067 509,600.00
148208 11111 09/07/23 500 JINSHAN ZHANG 22111 REF DEP ARB19-0067 -131.25
TOTAL CHECK 509,468.75
148209 11111 09/07/23 700 LEO SALINDONG 61213 IT SUPPLIES REIMB 29.99
148209 11111 09/07/23 700 LEO SALINDONG 66212 MISAC CONF REIMB 153.98
TOTAL CHECK 183.97
148210 11111 09/07/23 1463 LORI MCKENNA 61192 WELLNESS GRANT REIMB 100.00
148211 11111 09/07/23 1750 MARIO TOPETE TREE CARE, I 64544 QUITO/VESSING TREE 1,840.00
148212 11111 09/07/23 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00
148213 11111 09/07/23 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,344.00
148214 11111 09/07/23 1087 OSCAR URVIZO TELLEZ/OSCAR 64581 PROSPECT RD TREE RMV 2,535.00
148215 11111 09/07/23 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 258.85
148216 11111 09/07/23 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 10.18
148217 11111 09/07/23 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 144.81
148218 11111 09/07/23 500 SALLY DOELLING 46243 REF DEP QUITO PK 20.00
148219 11111 09/07/23 87 SAN JOSE WATER COMPANY 63112 BUILDINGS 1,412.90
148219 11111 09/07/23 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 38,295.40
148219 11111 09/07/23 87 SAN JOSE WATER COMPANY 63112 TOLLGATE 80.30
148219 11111 09/07/23 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 5,642.78
TOTAL CHECK 45,431.38
148220 11111 09/07/23 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 5,104.16
148221 11111 09/07/23 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 50.00
148222 11111 09/07/23 500 VICKRAM VATHULYA 22113 REF DEP ARB21-0105 7,055.00
148223 11111 09/07/23 432 WEST VALLEY COLLECTIONS 64552 AUG CSP HAUL SVCS 3,297.75
148223 11111 09/07/23 432 WEST VALLEY COLLECTIONS 64552 AUG CSP PICKUP SVCS 147.89
148223 11111 09/07/23 432 WEST VALLEY COLLECTIONS 64532 SEP CSP BINS 566.53
TOTAL CHECK 4,012.17
148224 11111 09/07/23 440 WESTERN TRUCK FABRICATION 62419 INTERNAL CORRECTION -2,433.99
148224 11111 09/07/23 440 WESTERN TRUCK FABRICATION 62419 VEH RPR#114 (9/17/19) 2,433.99
148224 11111 09/07/23 440 WESTERN TRUCK FABRICATION 64611 MAINT VEH#130 2,382.99
148224 11111 09/07/23 440 WESTERN TRUCK FABRICATION 64611 MAINT VEH#130 2,842.05
TOTAL CHECK 5,225.04
148225 11111 09/07/23 1678 WILINE NETWORKS INC. 64312 ISP ANNUAL SVC SEP 23 1,083.56
148226 11111 09/07/23 1810 WILLIAM C. WEIDERT JR 42591 WILDFIRE GRANT REIMB 5,000.00
20
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 09/07/2023 CITY OF SARATOGA VENCHK11
TIME: 13:17:06 CHECK REGISTER ACCOUNTING PERIOD: 3/24
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
TOTAL FUND 657,404.41
TOTAL REPORT 657,404.41
21
SARATOGA CITY COUNCIL
MEETING DATE:September 20, 2023
DEPARTMENT:Public Works Department
PREPARED BY:John Cherbone, Public Works Director
SUBJECT:Tree Maintenance Contracts with Oscars Tree Service in the amount not-
to-exceed $150,000 and with Mario Topete Tree Care and with West Coast
Arborist each in the amount not-to-exceed $100,000
RECOMMENDED ACTION:
Approve Tree Maintenance Service Contracts with Oscars Tree Service in the amount not-to-
exceed $150,000 and with Mario Topete Tree Care and with West Coast Arborist each in the
amount not-to-exceed $100,000 and authorize the City Manager to execute the same.
BACKGROUND:
During storms or high wind events our tree contractors are frequently called to perform emergency
work. Additionally, the extended drought has contributed to the decline of trees along City arterials
and open spaces. When a tree poses a safety threat to the public it is beneficial to have multiple
companies under contract to perform the work.
Emergency work is performed by the contractor who is available soonest and therefore it’s common
for one or two contractors to do more work for the City. Over the past few years, Oscars Tree
Service has been the most available for emergency tree work thus the higher not to exceed amount.
Scheduled maintenance is based on the lowest proposal submitted.
It is therefore recommended that City Council approve the contracts with Oscars Tree Service in
the amount not-to-exceed $150,000 and with Mario Topete Tree Care and with West Coast
Arborist each in the amount not-to-exceed $100,000.
There are sufficient funds in the operation budgets of the Streets, Parks, and Landscape and
Lighting Assessment District Zones to support the total not-to-exceed amount of $350,000.
ATTACHMENTS:
Attachment A –Contract with Oscar’s Tree Service
Attachment B –Contract with Mario Topete Tree Care
Attachment C –Contract with West Coast Arborist
22
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 1 of 3
City of Saratoga
Construction/Maintenance Contract for Project of $200,000 or Less
This agreement is entered into at Saratoga, California by and between the City of Saratoga, a municipal
corporation (“City”), and ______________________________________
(“Contractor”), who agree that:
1. Purpose of Contract.
Construction Contract (if for more than $25,000, Contractor is required to provide bonds in
accordance with Exhibit B-1 (“Bonds”)).
Maintenance Contract
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A (“Scope of Work and Payment
Terms”). If designated as a Construction Contract above, the City has solicited informal bids and selected
Contractor to perform the work in accordance with Article 3 of Chapter 2, Part 3, Division 2
(commencing with Section 22030) of the California Public Contract Code and Article 12-15 of the City of
Saratoga Municipal Code.
2. Term.
Start Date:End Date:
(If Start Date is left blank, start date will be date
last signed below.)
Or upon project completion, whichever occurs
first.
3. Payment. City shall pay Contractor for work product produced and any authorized reimbursable
costs pursuant to this agreement an amount not to exceed the total sum of: $______________.
Contractor agrees to comply with payment terms set forth in Exhibit A. If this contract is for more than
one year, the maximum payment amount for each year is set forth in Exhibit A.
Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this
agreement until Contractor has filed the business license numbers of all subcontractors and has received
of a fully executed notice to proceed from the Primary Representative.
4. Contract Administration. The authorized representatives of City and Contractor for Contract
administration are listed below. The City’s Primary Representative is the Administrator.
Contractor:
Contractor Name:
Contact Person:
Street Address:
Oscar's Expert Tree Care Service Annual Tree Services FY 23-24
Oscar's Expert Tree Care Service
✔
Citywide Tree Services for FY23-24
7/1/2023 6/30/2024
150,000.00
Oscar's Expert Tree Care Service
Oscar Tellez
3523 Cedar Flat Court
23
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 2 of 3
City, State, Zip:
Telephone(s):
Email Address:
Saratoga Business Lic. #:
Contractors’ Lic. #:
Dept. of Industrial
Relations Reg. #:
City of Saratoga
Department:
Primary Representative:
Street Address:
City, State, Zip:
Telephone:
Email Address:
5. Addresses for Notice. Notices or communications shall be given to the parties at the addresses
set forth in section 4 (“Contract Administration”) unless otherwise designated in a written notice to the
other party. In addition, notices to the City shall be copied to:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
6. Change of Address. Any party hereto, by giving ten (10) days written notice to the other, may
designate any other address as substitution of the address to which the notice or communication shall be
given.
7. Insurance and Bonds. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B (“Insurance”). Certificates of such insurance and copies of the insurance
policies and endorsements shall be delivered to City within ten (10) days after being notified of the award
of the contract, and before execution of this agreement by the City.
If this contract is for works of improvement and has a value of more than $25,000 it includes an Exhibit
B-1 (“Bonds”) and Contractor shall provide bonds in accordance with the requirements of that exhibit.
Oscar's Expert Tree Care Service Annual Tree Services FY 23-24
San Jose, CA 95127
1-408-866-1600
oscarsexperttreeservice@gmail.com
BUS-005620
894193
1000045630
PW-Streets and Park Maintenance
Rick Torres and Shawn Gardner
19700 A;llendale Avenue
Saratoga, CA 95070
408-868-1244 and 408-868-1247
rtorres@saratoga.ca.us and sgardener@saratoga.ca.us
24
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 3 of 3
8. General Provisions. City and Contractor agree to and shall abide by the general provisions set
forth in Exhibit C.
9. Supplemental Provisions. If one or both boxes are checked below, this agreement includes
supplemental provisions described in connection with the checked box(es):
This agreement is funded in whole or in part by an entity other than City. Contractor shall comply
with all rules and regulations required by such funding entity. Applicable funding entity
requirements are set forth in Exhibit D (“Funding Agency Requirements”). Nothing in this
paragraph or in the funding entity requirements shall be construed to relieve Contractor of its duty
to ensure that it is in compliance with all applicable laws and regulations.
Exhibit E (“Special Requirements”) sets forth provisions regarding:
10. Exhibits. All exhibits referred to in this agreement are attached hereto and are by this reference
incorporated herein and made a part of this agreement.
11. Entire agreement.This agreement supersedes any and all agreements, either oral or written,
between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and
contains all of the covenants and agreements between the parties with respect to the rendering of such
services in any manner whatsoever. No amendment, alteration, or variation of the terms of this agreement
shall be valid unless made in writing and signed by the parties hereto.
12.Authority to Execute Agreement.Each individual executing this agreement represents that he or
she is duly authorized to sign and deliver the agreement on behalf of the party indicated and that this
agreement is binding on such party in accordance with its terms. This agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Contractor City of Saratoga
Signature City Manager
Date:
Signer Name
ATTEST:
Signer Title
Date:City Clerk
Contract Description: Date:
APPROVED AS TO FORM:
City Attorney’s Office
Date:
Oscar's Expert Tree Care Service Annual Tree Services FY 23-24
Citywide Tree Services for FY23-24
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 1 of 5
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A – Scope of Work and Payment Terms
Contractor shall perform the work described below in strict accordance with all plans, specifications,
and other Contract Documents. The term “Contract Documents” means this agreement, all
documents attached to or otherwise made a part of this agreement, including but not limited to those
identified in this Exhibit A, all certificates of insurance and any bonds required by this agreement,
and Section 9 of the State of California, Department of Transportation Standard Specifications
(2022) which includes procedures for determination of payments, compensation for extra work by
force account, partial payments, and final payments. Where there is a conflict between the
requirements of the several Contract Documents the more stringent requirements shall govern except
with respect to conflicts with provisions in Exhibit A (including the “Scope of Work and Payment
Terms”, attachments to Exhibit A, and any Consultant’s proposal referenced in Exhibit A), in which
case the other Contract Documents shall govern. The contractor shall also invoice the City in
accordance with the payment terms shown below.
Summary of Scope of Work & Payment Terms:
AND/OR See Exhibit(s) A-____incorporated by this reference.
Oscar's Expert Tree Care Service Annual Tree Services FY 23-24
• Contractor is to provide tree services, including but not limited to; pruning, removals, stump grinding,
cabling, inspection, purchasing, planting, pest and disease mitigation, staking and restoration as directed
by City.
• Service to be provided in accordance with Western Chapter ISA Pruning Standards and appropriate
ANRS.
• Each Project will be supervised by an ISA Certified Arborist.
• Permits will be supplied by the City where necessary and must be available on work site at all times.
• Permit is not necessary in emergency situations if work is approved by City.
• Contractor is responsible for underground service alert procedures and coordination with affected
utilities, remarking, shutdowns, damage etc.
• Contractor is responsible for all traffic control, in accordance with California MUTCD Specifications.
• Contractor is responsible for ensuring public safety and thoroughfare throughout all phases of the
project.
• Pruning is to be done in accordance with Arborist's Report, when provided.
• Work hours and dates must be approved by City before commencement of each project.
• Contractor is responsible for removal of debris and to leave site in a tidy and safe condition,
• Contractor is to be available for emergency tree work at all times, including weeknights and weekends,
when requested by the City.
________________________________________x_________________________________________
Oscar's Expert Tree Care Service
RATE SHEET
$125 -- Regular Hours/Man (8:00am to 4:00pm)
$235 -- Emergency and over-time Hours/Man
26
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 2 of 5
1. Payment: This contract is a (check one):
Unit Price Contract
Lump Sum Contract
Hourly Rate Contract
Task Based Contract
The payments specified in this paragraph shall be the only payments to be made to Contractor in
connection with Contractor’s completion of the Scope of Work pursuant to this agreement.
Reimbursable expenses shall be billed only at their actual cost. Contractor shall submit all billings to
City and City shall pay such billings in the manner specified in this paragraph. Payment shall be
made payable to Contractor and delivered to the address specified in Section 4 on pages 1 and 2 of
this agreement. The making of any payment by City, or the receipt thereof by the Contractor, shall in
no way lessen the liability of the Contractor to correct or revise unsatisfactory work, even though the
unsatisfactory character of such work may not have been apparent or detected at the time such
payment was made. City may withhold payment to Consultant in any instance in which the
Consultant has failed or refused to satisfy any material obligation provided for in this agreement. In
no event shall City be liable for interest or late charges for any late payments.
1.1 Unit Price. If this contract is designated as a Unit Price Contract, invoicing and
payment shall be as follows:
(a)Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work
performed in accordance with the Unit Prices in the Scope of Work
prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(3) A summary containing the total contract amount, the amount
of prior billings, the total due this period, percentage of work
completed, the remaining balance available for all remaining
billing periods, and a brief description of work completed
during the billing period.
(b)City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, less five
percent retention. City shall release the retained funds no less than
thirty five (35) days after the date the City accepts the Work.
1.2 Lump Sum. If this contract is designated as a Lump Sum Contract, Contractor shall
submit a final payment application in the amount of the contract sum upon
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 3 of 5
completion of the Work and satisfaction of all conditions of the agreement. City shall
make payment within 30 days of receipt of application, less five percent retention.
City shall release the retained funds no less than thirty five (35) days after the date the
City accepts the Work.
1.3 Hourly Rate or Task Based Contract. If this contract is designated as an Hourly
Rate or Task Based Contract, invoicing and payment shall be as follows:
(a)Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work
performed in accordance with either the hourly rates or task-based
rates in the Scope of Work and authorized reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(b)A summary containing the total contract amount, the amount of prior
billings, the total due this period, percentage of work completed, the
remaining balance available for all remaining billing periods, and a
brief description of work completed during the billing period.
1.4 Additional Payment Terms.
(a)Pursuant to California Public Contract Code Section 22300, for
monies earned by the Contractor and withheld by the City to ensure
the performance of the Contract, the Contractor may, at its option,
choose to substitute securities meeting the requirements of California
Public Contract Code Section 22300.
(b)Contractor agrees to furnish, as a condition of payment, payroll
affidavits, receipts, vouchers, and other documents, in form
satisfactory to City, prior to receipt of any payment. Contractor shall
submit Conditional and Unconditional waivers and release of lien (as
provided in Civil Code Sections 8132 through 8138) on behalf of
itself and suppliers that furnished labor, material, equipment or
services to the Project.
(c)Attention is directed to Section 9 of the State of California,
Department of Transportation Standard (2022) which includes
procedures for determination of payments, compensation for extra
work by force account, partial payments, and final payments. These
provisions are Contract Documents incorporated into this agreement.
Charges from Contractor to City will not be honored or paid by City unless the charges are
authorized and approved by City at the time the work is being performed.
Oscar's Expert Tree Care Service Annual Tree Services FY 23-24
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 4 of 5
2. Work to be Performed: The Work is described in the documents checked below which are
incorporated into and hereby made a part of this agreement:
Notice Inviting Bids dated _______________________
(It is important to list this as the bid notice date is used to determining the prevailing wage
rates that will apply to the work performed under the contract.)
Proposal dated _______________________
(In addition to description of work, license numbers for contractor and all subcontractors,
and not to exceed amount, for unit price contracts proposal must include unit prices.)
Construction/Maintenance Services General Conditions included as Exhibit A-1.
Contractor Safety Agreement included as Exhibit A-2
City of Saratoga Department of Industrial Relations Reporting information included as
Exhibit A-3.
Plans prepared by ______________________________________, dated _______________.
Specifications as indicated below (check appropriate box):
Technical Specifications prepared by _______________________________________,
dated ___________________.
Caltrans Standard Specifications, 2022 Edition.
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to diligently
and fully perform and complete the work.
3. Contract Time: Contractor shall complete the Work no later than __________________. If
the term “working days” is used here it means any day other than a Saturday, Sunday, or day on
which the City offices are closed in observance of a state or federal holiday; a list of holidays
observed by the City may be obtained from the Primary Representative.
(Indicate specific calendar date for completion. Consider whether interim milestones are
appropriate. If circumstances make it impractical to specify a completion date, calendar or working
days may be used.)
4. Warranty: Contractor warrants to City that all materials and equipment furnished shall be
new, free from faults and defects and of good quality and fit for the purpose intended. Contractor
hereby warrants its work against all deficiencies and defects for the following number of months or
the longest period permitted by the law of this State, whichever is more, or as otherwise provided in
the Contract Documents.
Number of Months Text:
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na
Twelve
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 5 of 5
Number of Months Numeric:
5. License Classification: In accordance with Section 3300 of the California Public Contract
Code, the City has determined that the Contractor shall have a License as described below at the time
it submits its bid to the City and at all times it is performing the Work.
License Classification:
6. Liquidated Damages: If Contractor fails to complete the Work within the Contract Time,
the City will sustain damage. The actual occurrence of damages and the actual amount of the
damages which the City would suffer if the Work were not completed within the Contract Time
would be impracticable and extremely difficult to determine. Damages the City would suffer in the
event of delay include, but are not limited to, loss of the use of the Work, costs of administration,
inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the
damages which the City shall incur upon failure of the Contractor to complete the Work within the
Contract Time specified below:
Dollars Per Day Written:
Dollars Per Day Numerical:
for each calendar day by which completion of the Work is delayed beyond the Contract Time.
Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not
paid, agrees that the City may deduct the amount thereof from any monies due or that may become
due to the Contractor under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection
during the delay in the completion of the Work caused by acts of God or of the public enemy, fire,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather
or delays of subcontractors due to such causes, provided that the Contractor shall within five (5) days
from the beginning of any such delay notify the Administrator, in writing, of the causes of delay.
The Administrator shall ascertain the facts and the extent of delay, and the Administrator’s findings
thereon shall be final and conclusive.
7. General and Special Conditions: Without limiting the generality of the foregoing,
Contractor shall comply with the following special conditions:
Special Conditions:
Oscar's Expert Tree Care Service Annual Tree Services FY 23-24
12
C-61 / D-49 Tree Service
Five Hundered
500.00
30
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 1 of 6
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-1 – Construction/Maintenance Services General Conditions
The following general conditions apply to all services being provided pursuant to this contract.
1.Warranty and Guarantee.
1.1 Contractor warrants to City that all materials and equipment furnished shall be
new, free from liens, encumbrances, faults and defects, and of good quality and fit
for the purpose intended.
1.2 Contractor warrants and guarantees for the time period defined on page 2 of
Exhibit A, or the longest period permitted by the law of this State, whichever is
greater, or as otherwise provided in the Contract Documents, that the materials
and necessary for the Work shall operate as provided for in the Contract
Documents. During the term of this warranty, Contractor shall, without delay,
provide all materials, parts and labor, at its own expense, which are necessary to
repair and/or correct any and all defects, installation or operational failures in the
materials and equipment from any cause so that said Work will function
successfully as originally contemplated. Notwithstanding the foregoing,
Contractor shall not be required to bear the expense of correction of any failure in
the materials and equipment that is caused by the sole or active negligence or
willful misconduct of the City. Should Contractor fail to act promptly or in
accordance with this requirement, or should the situation require that repairs or
replacements be made before Contractor can be notified, the City may, at its
option, make the necessary repairs or replacements or perform the necessary work
and Contractor shall pay to the City the actual cost of such repairs. Contractor
shall also pay to the City any attorneys’ fees incurred to enforce the obligations
herein.
2. Conduct of the Work. Contractor shall:
2.1 Do all things necessary to faithfully perform and complete the Work in a
competent manner.
2.2 All work shall be performed by experienced personnel directly employed and
supervised by the Contractor. The Contractor shall provide management and
technical supervision daily through competent supervisor as required.
2.3 The Contractor shall be responsible for the skills, methods and actions of all
employees.
2.4 The Contractor shall cooperate to enable the Administrator to determine the
Contractor’s conformity with these specifications and the adequacy of the work
being performed. The Contractor shall give personal daily supervision of the
work and be available for consultation with the Administrator or an engineer or
inspector designated by Administrator.
Oscar's Expert Tree Care Service Annual Tree Services FY 23-24
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 2 of 6
2.5 Submit all required samples, product data, certificates, operations and
maintenance instructions, guarantees, and other submittals no later than five (5)
days after the date the City issues a Notice to Proceed.
2.6 Ensure all necessary permits and approvals for the Work have been obtained.
2.7 Protect all materials to be used in the Work in accordance with the specifications.
2.8 Protect existing facilities and personal property.
2.9 Remove from the project site all debris resulting from performance of the Work
no less often than daily. If Contractor fails to do so, City may, after twenty-four
(24) hours' notice to Contractor, clean up the site and deduct the cost from the
Contract Price.
2.10 For projects scheduled to require more than three (3) days to complete, prepare
and submit a written daily activity report to City for each day on which work is
performed, including weekends and holidays when worked, and submit the
reports to the City no later than the next day that the City is open for business.
The daily reports shall, at a minimum, include the following information:
construction activities and locations, start or completion of activities, progress on
construction activities (including units or portions of work completed), tests or
inspections performed, deliveries of material or equipment, delays or potential
delays, visitors to the site, weather conditions, construction equipment used, and
personal injuries or damage to property.
2.11 Unload, hoist and otherwise handle its own materials, supplies and equipment.
2.12 Keep itself fully informed of all applicable laws including existing and future
state and federal laws and county and municipal ordinances and regulations 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 work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same.
2.13 Observe and comply with, and cause all of its agents and employees to observe
and comply with, all such applicable laws; and shall protect and indemnify the
City, and all elected officials, officers, employees, and agents thereof connected
with the Work, against any claim or liability arising from or based on the
violation of any such law, ordinance, regulation, order, or decree. If any
discrepancy or inconsistency is discovered in the plans, drawings, specifications,
or contract for the work in relation to any such law, ordinance, regulation, order
or decree, Contractor shall forthwith report the same to the Administrator in
writing.
2.14 Set up, identify, coordinate, provide safe access, and obtain all inspections for its
work, as required by any authorized agency or applicable code, prior to covering
up work.
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Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 3 of 6
3. Progress of The Work.
3.1 Contractor shall perform all work during the hours of 7:00 a.m. to 6:30 p.m.,
Monday through Friday unless otherwise specified in the Special Provisions or
authorized by the City in writing. If the Contractor wishes to work during any
other hours or on weekends, written permission must be received from the City.
The request must be received at least two (2) working days in advance of any
work. No work will be allowed on legal holidays except in the case of an
emergency. A listing of holidays observed by City is on file in the office of the
Administrator. If Contractor requests overtime work in which the City will incur
costs, Contractor shall be responsible for payment of the City’s costs incurred in
connection with the overtime work. The City will invoice the Contractor at time
and one half to cover the costs incurred. If Contractor does not pay the invoice
within ten days, the City may deduct the amount billed from other payments due
or to become due to Contractor under the Contract.
3.2 The Administrator or Administrator’s designee shall have the authority to suspend
the Work, wholly or in part, for such a period as the Administrator may deem
necessary.
4. Changes in Work.
4.1 Contractor shall make no changes in the Work without written direction from the
City. Contractor shall not be compensated for any change made without any such
written direction. No changes in the Work covered by this agreement shall
exonerate any surety or any bond given in connection with this agreement.
4.2 If the City directs the Contractor in writing to make changes in the Work that
materially affect the cost of performing the Work, the Contract Price will be
adjusted based on one of the following:
(a)Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities
involved in the changed Work;
(b)By establishment of new unit prices and related quantities for the
changed Work;
(c)By a combination of existing and new unit prices and related
quantities for the changed Work;
(d)By mutual acceptance of a lump sum.
4.3 If the City directs the Contractor in writing to make changes in the Work that
Contractor demonstrates materially affect the time required to perform the work,
the City will make a reasonable adjustment to the Contract Time.
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 4 of 6
5. Inspection and Protection of Work.
5.1 Contractor shall make the Work accessible at all reasonable times for inspection
by the City. Contractor shall, at the first opportunity, inspect all material and
equipment delivered to the jobsite by others to be used or incorporated in the
Contractor's work and give prompt notice of any defect therein. Contractor
assumes full responsibility to protect the work done hereunder until final
acceptance by the City.
5.2 When the Work is completed, Contractor shall request, in writing, a final
inspection. Within ten (10) days of the receipt of such request, the City shall
make a final inspection. The Contractor or its representatives may be present at
the final inspection. The purpose of such final inspection shall be to determine
whether the Work has been completed in accordance with the Contract
Documents, including all change orders and all interpretations and instructions
previously issued.
6. Utility Facilities.
6.1 The Contractor shall protect from damage any utility facilities that are to remain
in place, be installed, relocated or otherwise rearranged.
6.2 Attention is directed to the possible existence of underground facilities not known
to the City, or in a location different from that which is shown on the plans or in
the Special Provisions. The Contractor shall take all steps reasonably necessary
to ascertain the exact location of all underground facilities prior to doing work
that may damage such facilities or interfere with their service, including but not
limited to calling USA utility locator service to mark utilities.
6.3 If Contractor while performing the Work discovers utility facilities not identified
in the Contract Documents, Contractor shall immediately notify the City and the
utility provider. City shall arrange the removal, relocation, or protection of
existing main or trunk line utility facilities located at the site of the Work but not
identified in the Contract.
6.4 If the Contractor is required to locate, repair damage not due to the Contractor’s
failure to exercise reasonable care, and remove or relocate existing main or trunk
line utility facilities, it shall be compensated under the Changes in Work section
of this Contract, including payment for equipment on the Project necessarily idled
during such work.
6.5 Contractor will not be entitled to damages or additional payment for delays
caused solely by the failure of City, or the utility provider, to provide for removal
or relocation of existing main or trunk line utility facilities not identified in the
Contract Documents, except for equipment necessarily idled during such work.
6.6 Contractor shall not be assessed liquidated damages for delay in completing the
Work solely attributable to the failure of City, or the owner of the utility, to
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 5 of 6
provide for removal or relocation of existing main or trunk line utility facilities
not indicated in the Contract Documents with reasonable accuracy.
6.7 The right is reserved by the City and its authorized agents, to enter the job for the
purpose of making such changes as are necessary for the rearrangement of its
facilities or for making necessary connections or repairs to their properties. The
Contractor shall cooperate with forces engaged in such work and shall conduct
operations in such a manner as to avoid any delay or hindrance to the work being
performed by such other forces.
7. Differing Site Conditions.
7.1 The Contractor shall promptly, and before the following conditions are disturbed,
notify the City in writing of any:
(a)Material that the Contractor believes may be hazardous waste, as
defined in Section 25117 of the California Health and Safety Code,
that is required to be removed to a Class I, Class II, or Class III
disposal site in accordance with provisions of existing law;
(b)Subsurface or latent physical conditions at the site differing
materially from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or
(c)Unknown physical conditions at the site of any unusual nature,
differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided
for in this Contract.
7.2 The City shall promptly investigate the conditions, and if it finds that such
conditions do materially so differ, or do involve hazardous waste, and cause an
increase or decrease in the Contractor's cost of, or the time required for,
performance of any part of the Work, it shall issue a change order under the
provisions described in the Contract Documents.
7.3 No claim of the Contractor under this Section 7 shall be allowed unless the
Contractor has given the notice required in the Contract Documents.
7.4 In the event a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor's cost of, or time required for, performance of any part
of the work, Contractor shall not be excused from completing the Work. The
Contractor shall proceed with all work to be performed under the Contract. The
Contractor shall retain any and all rights provided either by this Contract or by
law which pertain to the resolution of disputes and protests.
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 6 of 6
8. Cooperation and Care.
8.1 Should construction be under way by the City, other agencies or other contractors
within or adjacent to the limits of the work specified or should work of any other
nature be under way by other forces within or adjacent to said limits, the
Contractor shall cooperate with all such other contractors or other forces to the
end that any delay or hindrance to their work will be avoided. The City reserves
the right to perform other or additional work at or near the site (including material
sources) at any time, by the use of other forces.
8.2 Until the final acceptance of the work, the Contractor shall have the charge and
care of the Work and of the materials to be used therein, including materials for
which partial payment has been received. The City shall not be held responsible
for the care or protection of any material or parts of the Work prior to final
acceptance, except as expressly provided in the Special Provisions.
9. Time.Time is of the essence of this agreement. Contractor shall provide City with
scheduling information in a form acceptable to City, including any changes made by City
in the scheduling of work. Contractor shall coordinate its work with that of all other
contractors, subcontractors and suppliers so as not to delay or damage their performance.
It is further agreed that in case Contractor fails to complete the Work in all parts and
requirements within the Contract Time set forth in Exhibit A, the City shall have the right
to extend the Contract Time or not, as may seem best to serve the interest of the City; and
if it decides to extend the Contract Time, City shall further have the right to charge to the
Contractor, its heirs, assigns or sureties, and to deduct from the payment for the Work, all
or any part, as it may deem proper, of the actual cost of engineering, inspection,
superintendence, and other overhead expenses which are directly chargeable to the
Contract, and which accrue during the period of such extension. In the event that
Contractor's work is delayed for any reason, including acts of City, Contractor's sole
remedy shall be an extension of time equal to the period of delay, provided Contractor
has given City written notice of the commencement of delay within 48 hours of its
occurrence. If the City accepts any work or makes any payment under this agreement
after a default by reason of delays, the payment or payments shall in no respect constitute
a waiver or modification of any agreement provisions regarding time of completion and
liquidated damages.
-End of Exhibit A-1
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Contractor:Name:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-2
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-2 – City of Saratoga Contractor Safety Assurances
The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is
performed in accordance with the State’s environmental health and safety laws, codes and regulations. To
this end, please initial and check the following form in the appropriate boxes. Failure to do so may affect
your contract with the City of Saratoga. For the purposes of this document, you are referred to as
“Contractor.” This checklist must be updated annually or anytime changes occur. Contractor will provide
the City with any documents referenced below within 24 hours of the request.
Safety Measures 1 and 2 are required.
SAFETY MEASURE
1. A. Contractor has either a written Injury and Illness Prevention Plan compliant with 8CCR3203, OR
B. Contractor has fewer than 10 employees, but agrees all work will be performed in compliance with all
laws, codes, regulations and best standard practices to protect personnel, the environment, and property.
2. Contractor will provide the City of Saratoga a copy of their accident investigation report within 24 hours for
each accident that occurs during the performance of the contract.
Please respond YES, NO, or N/A for each item on the list. YES NO N/A
3. Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the
job.
4. Contractor will provide the City of Saratoga a copy of the SDS (Safety Data
Sheet) for each chemical brought onto the site.
5. Contractor has and can provide the City of Saratoga a copy of the Hazardous
Waste disposal plan for any hazardous wastes generated during the job.
6. Contractor has and can provide the City of Saratoga a copy of their
Lockout/Tagout program if any work is to be done on any sources of hazardous
energy.
7. Contractor has and can provide the City of Saratoga a copy of their Electrical
Safety program if any electrical work is to be performed.
8. Contractor has and can provide the City of Saratoga a copy of their Fall
Protection program if any work is to be performed that would require it.
9. Contractor has and can provide the City of Saratoga a copy of the Confined
Space program if any confined spaces are to be entered.
10. Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training certifications for employees if those employees occasionally work
outdoors for two or more hours/day.
Contractor:
____________________________________________________
(print company name) hereby certifies that the foregoing is true and correct.
Contractor Signature Above Primary Representative Acceptance Above
Print Name & Title & Date Above Print Name & Title & Date Above
-End of Exhibit A-2-
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Contractor:Name:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-3
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-3 – City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form,
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Contractor Name:
Contractor DIR #:
(Contractor shall maintain an active DIR registration for the Term of this agreement)
Classification(s) or type(s) of workers that will be employed by the Contractor for this project:
Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers
Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Eng.Painters
Pile Drivers Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm.Surveyors Teamster
Tile Workers
Subcontractor: Contractor’s License
Number:
DIR Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the Contractor named in the first line above.
Signature Date:
Print Name & Title
-End of Exhibit A-3-
Oscar's Expert Tree Care Service Annual Tree Services FY 23-24
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1000045630
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 1 of 4
City of Saratoga Public Works/Construction Contract for Project of $200,000 or Less
Exhibit B – Insurance
The insurance requirements listed below that have an “9” indicated in the space before the
requirement apply to this agreement together with the general requirements for the duration of the
contract, and until the expiration of the warranty period following the final completion and
acceptance by the City.
Modifications to the below requirements are shown in Exhibit E (“Special Requirements”).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and
request that they provide certificates of insurance complete with copies of all required endorsements
to the Primary Representative listed in Section 4 on page 2. During the term of this agreement and
until the expiration of the warranty period Contractor shall ensure that its broker(s)/agent(s) provide
Primary Representative with updated certificates of insurance reflecting continued satisfaction of the
requirements of this agreement together with updated endorsements in the event of a change in the
underlying insurance policy(ies), with copies emailed to cityhall@saratoga.ca.us.
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of all
required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work commences.
Insurance Requirements
Commercial General Liability Insurance with coverage at least as broad as indicated:
Commercial General Liability Insurance covering commercial general liability on an
“occurrence” basis, including products and completed operations, property damage,
bodily injury, personal injury, and advertising injury with coverage minimum limits of
$2,000,000 per occurrence
$_________________ per occurrence
If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
Completed operations coverage. If this box is checked Contractor shall maintain
insurance as required by this contract to the fullest amount allowed by law and shall
maintain insurance for a minimum of five years following the completion of this
project. In the event contractor fails to obtain or maintain completed operations
coverage as required by this agreement, the City at its sole discretion may purchase the
coverage required and the cost will be paid by Contractor.
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✔
39
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 2 of 4
Auto Liability Insurance using ISO Form Number CA 0001 (or equivalent) covering any auto, or
if Contractor has no owned autos, then hired autos and non-owned autos, with minimum limits of
$1,000,000 per accident for bodily injury and property damage
$2,000,000 per accident for bodily injury and property damage
Professional/Errors and Omissions Liability (“E&O”)with coverage as indicated
$1,000,000 per loss/ $1,000,000 aggregate
$2,000,000 per loss/ $2,000,000 aggregate
Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for
bodily injury or disease. Contractor shall submit to City a waiver of subrogation
endorsement in favor of City, its officers, officials, agents, employees, and volunteers. If
Contractor is not required to maintain Workers’ Compensation Insurance pursuant to State
law, Contractor shall file a verification of that fact with the Primary Representative.
Contractor shall purchase and maintain "All Risk or Special Form" Builder's Risk
Insurance on a replacement cost basis in an amount equal to the full replacement cost of the
Work on a completed value basis, including coverage for ‘soft costs’ such as design,
engineering, and construction management fees. The builder's risk insurance shall cover all
risks of loss, including but not limited to fire; lightning; windstorm; hail, explosion; riot; riot
attending a strike; civil commotion; smoke damage; damage by aircraft or vehicles;
vandalism and malicious mischief; theft; collapse; flood; and earthquake. This insurance
shall include coverage including, but not limited to all damages or loss to the Work; to
appurtenances; to materials and equipment to be used on the Project while the same are in
transit or stored on or off the project site; and/or to construction plant and temporary
structures. Builder’s Risk Insurance policies shall name the City as loss payee, waive all
rights of subrogation against City, have a deductible not to exceed $5,000, and provide City
the right to occupy the premises without termination of the policy until acceptance of the
Work.
All subcontractors used must comply with the above requirements except as noted below:
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✔
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 3 of 4
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Additional Insured Status and Primary Coverage. Contractor shall submit to City an
additional insured endorsement for its Commercial General Liability policy with coverage at
least as broad as ISO form CG 20 10 for ongoing operations, and coverage at least as broad as
ISO Form CG 20 37 for completed operations. For Auto Liability, the policy shall contain, or be
endorsed to contain, additional insured coverage for the City, its officers, officials, employees, agents
and volunteers. Any available insurance proceeds broader than or in excess of the minimum
insurance coverage requirements and/or limits specified in this agreement shall be available to the
additional insured. The requirements for coverage and limits shall be (1) the minimum coverage and
limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of
any insurance policy or proceeds available to the named insured; whichever is greater. The
additional insured coverage under Contractor’s policy shall be ''primary and non-contributory" and
will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as
ISO Form CG 20 01 04 13 and CG 20 38 04 13. This requirement does not apply to errors and
omissions insurance. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
2. Separation of Insureds.The Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
4. Umbrella or Excess Insurance.The limits of insurance required in this agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or 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 (if agreed to in a written contract or
agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a
named insured.
5. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to
subrogation which any insurer of Contractor may acquire against City by virtue of the payment of
any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to
effect this waiver of subrogation, but this provision applies regardless of whether City has received a
waiver of subrogation endorsement from the insurer.
6. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications and failure to exercise
this right shall not constitute a waiver of any of City’s rights pursuant to this agreement.
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 4 of 4
7. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer to
cancel any insurance policy required by this agreement except after providing 30 days prior notice to
the City. Each insurance policy required above shall state that coverage shall not be canceled, except
with notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Contractor shall immediately provide written notice to the City and obtain
substitute insurance meeting the requirements of this agreement. Nothing in this paragraph relieves
Contractor of its obligation to maintain all insurance required by this agreement at all times during
the term of the agreement.
8. Claims Made Policies. If any of the required policies provide claims-made coverage, the
coverage shall be maintained for a period of five years after completion of the contract. Contractor
may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail
coverage applicable to said five-year period.
9. Acceptability of Insurers. The policy or policies required by this agreement shall be issued
by insurers admitted in the State of California and with a rating of at least A:VII in the latest edition
of Best’s Insurance Guide.
10. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the
same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired
by Contractor shall agree to be bound to Contractor and City in the same manner and to the same
extent as Contractor is bound to the City under this agreement. Subcontractors shall further agree to
include these same provisions with any sub-subcontractor. Contractor shall provide subcontractor
with a copy of the indemnity and insurance provisions of this agreement as a part of Contractor’s
subcontract with subcontractor. Contractor shall require all subcontractors to provide a valid
certificate of insurance and the required endorsements included in the agreement prior to
commencement of any work and will provide proof of compliance to the City.
11. Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special
circumstances.
-End of Exhibit B-
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 1 of 11
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor
to provide the work product described in Exhibit A (“Scope of Work and Payment
Terms”) because it lacks the qualified personnel to provide the specified work product.
Contractor is qualified to provide the required work product and is agreeable to providing
such work product on the terms and conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Contractor shall be an
independent contractor and shall not be an employee of City. Contractor shall
complete the Scope of Work hereunder in accordance with currently approved
methods and practices in Contractor's field. No relationship of employer and
employee is created by this agreement between the City and Contractor or any
subcontractor or employee of Contractor. City shall have the right to control
Contractor only with respect to specifying the results to be obtained from
Contractor pursuant to this agreement. City shall not have the right to control the
means by which Contractor accomplishes services rendered pursuant to this
agreement. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Contractor’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be
construed as limiting the right of Contractor to engage in Contractor's profession
separate and apart from this agreement so long as such activities do not interfere
or conflict with the performance by Contractor of the obligations set forth in this
agreement. Interference or conflict will be determined at the sole discretion of the
City.
1.3 Standard of Care. Contractor shall complete the Work required pursuant to this
agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical
area in which Contractor practices its profession. All work product of whatsoever
nature which Contractor delivers to City pursuant to this agreement shall be
prepared in a substantial, first class and workmanlike manner and conform to the
standards of quality normally observed by a person practicing in Contractor’s
profession.
1.4 Qualifications. Contractor represents and warrants to City that the Contractor is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Contractor as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Contractor
shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 2 of 11
1.5 Use of City Equipment.City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Contractor, or by any of its employees, even though such equipment be furnished,
rented or loaned to Contractor by City.
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Contractor is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Contractor which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Contractor for City, upon notification of such fact by
the City, the Contractor shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Contractor
under this agreement (again, offsetting any amounts already paid by the
Contractor which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Contractor shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Contractor is an employee for any other purpose, then the Contractor agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Contractor was not an employee.
2. COMMUNICATION AND NOTICES.
2.1 Communications with Designated Administrator. The City’s Administrator
designated in section 4 on page 2 of this agreement is authorized to receive
information, interpret and define City's policies consistent with this agreement,
and communicate with Contractor concerning this agreement. All correspondence
and other communications shall be directed to or through the Administrator or the
Administrator’s designee.
2.2 Communications and Notices on Compliance with Agreement.All notices or
communication concerning a party's compliance with the terms of this agreement
shall be in writing and may be given either personally, by certified mail, return
receipt requested, or by overnight express carrier. The notice shall be deemed to
have been given and received on the date delivered in person or the date upon
which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving party. The parties shall make good
faith efforts to provide advance courtesy notice of any notices or communications
hereunder via e-mail. However, under no circumstances shall such courtesy notice
satisfy the notice requirements set forth above; nor shall lack of such courtesy
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 3 of 11
notice affect the validity of service pursuant to the notice requirement set forth
above.
3. PREVAILING WAGE.
3.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California
Labor Code (Sections 1720 and following), and Contractor and any subcontractor
shall pay not less than the prevailing rates of wage as determined by the
California Department of Industrial Relations (“DIR”) to all workers employed in
performance of the Work. Pursuant to the provisions of Section 1770 of the
California Labor Code, the City has obtained the general prevailing rate of wages
and employer payments for health and welfare, vacation, pension and similar
purposes in the vicinity of the Work, a copy of which is on file in the office of the
City, and shall be made available for viewing to any interested party upon request.
Full compensation for conforming to the requirements of this section 3 shall be
deemed included in the prices paid for the various contract items of work, and no
separate payment will be made therefor. In accordance with Section 1815 of the
California Labor Code, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ times the basic rate of pay for work performed in
excess of specified hour limitations.
3.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid
proposal, subject to the requirements of section 4104 of the California Labor
Code, and 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 California Labor Code unless otherwise noted in supplemental
provisions hereto. Contractor shall not enter into a subcontract without proof that
the subcontractor is registered with DIR and qualified to perform public work
pursuant to Section 1725.5 of the California Labor Code. Contractor shall provide
DIR registration numbers to the City for all subcontractors pursuant to Section
1725.5.
3.3 Contractor shall post at the job site the determination of the director of the
prevailing rate of per diem wages together with all job site notices that are
required by regulations of the DIR.
3.4 This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. Contractor and any subcontractors shall keep
accurate payroll records, in accordance with Section 1776 of the California Labor
Code, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee
employed by Contractor or subcontractor in connection with the Work and shall
furnish the records specified in California Labor Code section 1776 directly to the
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 4 of 11
Labor Commissioner at least monthly in a format prescribed by the Labor
Commissioner and otherwise in accordance with law.
4. LABOR
4.1 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each worker employed in the execution of the contract by the
respective contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of this
article.
4.2 Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6
of the California 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.
4.3 As required by Labor Code Section 1861, by signing this agreement 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 worker’s
compensation or to undertake self-insurance in accordance with the
provisions before commencing the performance of the work of this
contract.”
4.4 Contractor’s attention is directed to provisions in Sections 1775 and 1813 of the
California Labor Code. In accordance with Section 1775 of the California Labor
Code, Contractor and its subcontractors may be subject to penalties for
Contractor’s and subcontractors’ failure to pay prevailing wage rates. In
accordance with Section 1813 of the California Labor Code, 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 of specified hour limitations.
4.5 In connection with the performance of the Work under this contract, Contractor
will not because of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status of any person, to refuse to hire or
employ the person or to refuse to select the person for a training program leading
to employment, or to bar or to discharge the person from employment or from a
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 5 of 11
training program leading to employment, or to discriminate against the person in
compensation or in terms, conditions, or privileges of employment, unless based
upon a bona fide occupational qualification or applicable security regulations
established by the United States or the State of California, or as otherwise
provided in section 12940 of the Government Code. As provided in Labor Code
section 1735, a violation of this provision is subject to all penalties imposed for a
violation of Division, 2, Part 7, Chapter 1 of the Labor Code including the
monetary penalties provided in Labor Code section 1775.
5. LICENSE REQUIREMENT.Contractor’s attention is directed to California Business
and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At
the time Contractor submits its bid to the City and all times Contractor is performing the
Work, Contractor shall have a valid license issued by the Contractors State License Board
in the classification stated in the Special Provisions. Contractor and all subcontractors
shall be licensed in accordance with the laws of this State and any contractor or
subcontractor not so licensed is subject to penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT
OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE
FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED
TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.
BOX 26000, SACRAMENTO, CALIFORNIA 95826.
6. CONTRACTOR NOT AGENT. Except as City may specify in writing, Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant
to this agreement to bind City to any obligation whatsoever.
7. BENEFITS AND TAXES. Contractor shall not have any claim under this agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state income taxes, and in connection
therewith Contractor shall indemnify and hold City harmless from any and all liability
that City may incur because of Contractor's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Contractor.
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 6 of 11
8. ASSIGNMENT AND SUBCONTRACTING.
8.1 Contractor shall conform to the requirements of Section 4100 through 4113 of the
California Public Contract Code, the Subletting and Subcontracting Fair Practices
Act.
8.2 Contractor shall give personal attention to the performance of the Contract and
shall keep the Work under its control.
8.3 For the purposes of administering this agreement no subcontractors will be
recognized by the City as such, and all persons engaged in the work of
construction will be considered by the City as employees of the Contractor, who
will be held responsible for their work which shall be subject to the provisions of
the Contract and specifications.
8.4 No subcontractor who is ineligible to bid work on, or be awarded, a public works
project under California Labor Code Sections 1771.1 or 1777.7 can bid on, be
awarded or perform work as a subcontractor on the Project. The Contractor is
prohibited from performing work on the Project with a subcontractor who is
ineligible to perform work on a public works project under these sections of the
California Labor Code.
8.5 When a portion of the work which has been subcontracted by the Contractor is not
being prosecuted in a manner satisfactory to the City, the subcontractor shall be
removed immediately on the request of the City and shall not again be employed
on the work.
8.6 Contractor may not assign performance of the Contract except upon written
consent of the City.
8.7 Contractor shall require all subcontractors to comply with the terms of this
Contract.
9. TERMINATION.
9.1 Should Contractor fail within five (5) working days from receipt of City's written
notice to correct any contractual deficiencies, including but not limited to failure
to perform the Work in accordance with the Contract Documents, failure to
comply with the directions of City, or failure to pay its creditors, City may
terminate this agreement for default. Following a termination for default, City
shall have the right to take whatever steps it deems necessary to correct and
complete the work and charge the cost thereof to Contractor, who shall be liable
for the full cost of City's corrective action, including reasonable overhead,
administrative costs, and attorneys' fees.
9.2 City may at any time terminate the Contract at City's convenience upon five days
written notice to Contractor; in the event of termination for convenience,
Contractor shall recover only the amount due under the contract for Work
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 7 of 11
completed to the date of termination in accordance with the Contract Documents,
less amounts paid to date. Contractor shall not be entitled to any claim or lien
against City for any additional compensation or damages in the event of such
termination.
9.3 If City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this
section, and Contractor specifically waives any claim for any other amounts or
damages, including, but not limited to, any claim for consequential damages or
lost profits.
9.4 Failure by City to seek any remedy for any default hereunder shall not constitute a
waiver of any other rights hereunder or any right to seek any remedy for any
subsequent default.
10. CONFLICT OF INTEREST
10.1 In General. Contractor represents and warrants that it presently has no interest,
and will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Contractor shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
10.2 Subsequent Conflict of Interest.Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the
Contractor will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Contractor has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
potential conflict. Within 45 days, the Contractor shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
10.3 Interests of City Officers and Staff.No officer, member or employee of City
and no member of the City Council shall have any pecuniary interest, direct or
indirect, in this agreement or the proceeds thereof. Neither Contractor nor any
member of any Contractor’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
recommends, or supervises Contractor's performance of the Scope of Work or
authorizes funding to Contractor.
11. HOLD HARMLESS AND INDEMNIFICATION
11.1 The City of Saratoga and all officers, employees, and agents thereof connected
with the Work, shall not be answerable or accountable in any manner for any loss
or damage that may happen to the Work or any part thereof; for any loss or
damage to any of the materials or other things used or employed in performing the
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Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 8 of 11
Work; for injury to or death of any person; or for damage to property from any
cause except losses due to sole or active negligence of the City's officers or
employees.
11.2 To the fullest extent allowed by law, Contractor shall defend, indemnify and hold
harmless the City, its elected and appointed officials, employees and agents, from
all liability, penalties, costs, losses, damages, expenses, causes of action, claims or
judgments, including attorney's fees and other defense costs, resulting from injury
to or death sustained by any person (including Contractor's employees and
subcontractors), or damage to property of any kind, or any other injury or damage
whatsoever, which injury, death or damage arises out of or is in any way
connected with the performance of the Work, regardless of the Contractor’s fault
or negligence, including any of the same resulting from City’s alleged or actual
negligent act or omission, or that of its agents, contractors or employees; except
that said indemnity shall not be applicable to injury, death or damage to property
arising from the sole or active negligence or willful misconduct of City, its
constituent entities, its and their officers, agents, or servants who are directly
responsible to City. This indemnification shall extend to claims asserted after
termination of this Contract for whatever reason. In instances where the City’s
active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion of the percentage of
liability not attributable to the active negligence of the City.
11.3 Contractor shall be obligated to immediately defend, with counsel approved by
the City, any suit or action brought against the City, its elected and appointed
officials, employees and agents, founded upon any claim of injury to or death
sustained by any person (including Contractor’s employees and subcontractors),
or damage to property of any kind, or any other injury or damage whatsoever,
which injury, death or damage arises out of or is in any way connected with the
performance of the Work, whether or not liability is established. This
indemnification and duty to defend shall extend to claims asserted after
termination of this Contract for whatever reason.
11.4 In addition to any remedy authorized by law, as much of the money due the
Contractor under and by virtue of the contract as shall be considered necessary by
the City, may be retained by the City until disposition has been made of such suits
or claims for damage.
11.5 The City and Contractor shall timely notify each other of the receipt of any third-
party claim relating to the Contract.
12. CLAIMS. Section 9204 of the Public Contract Code prescribes a process for negotiation
and mediation to resolve disputes on public works Claims. Sections 20104 et seq., of the
California Public Contract Code prescribe a process using informal conferences, non-
binding judicial supervised mediation, and judicial arbitration to resolve disputes on
construction claims of $375,000 or less. These sections shall govern public works Claims
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 9 of 11
arising from this agreement after a change order duly requested has been denied by the
City. The following provisions and procedures shall apply to claims under Section 9204:
12.1 For the purposes of this section, the term “Claim”, “Contractor”, “Mediation”,
“Public Entity” “Public works project” and “Subcontractor” shall have the
meaning provided for in Public Contract Code Section 9204.
12.2 Contractor shall submit each Claim (whether for a time extension, payment for
money or damages) in writing and in compliance with Public Contract Code
Section 9204. Contractor must include reasonable documentation to support each
Claim.
12.3 Upon receipt of a Claim, the City shall conduct a reasonable review and respond
in writing within 45 days of receipt and shall identify in a written statement what
portions of the claim are disputed and undisputed. Undisputed portions of the
Claim shall be processed and paid within 60 days of the written statement.
Undisputed amounts not paid in a timely manner shall bear interest at 7% per
annum. The City and Contractor may mutually agree to extend the 45 day
response time.
12.4 If the City needs approval from the City Council to provide a written statement
identifying the disputed portion and the undisputed portion of the claim, the 45
day response time or the mutually agreed on response time may be extended to 3
days following the next duly noticed public meeting.
12.5 If the City fails to timely respond to a Claim or if Contractor disputes the City’s
response, Contractor may submit a written demand for an informal meet and
confer conference with the City to settle the issues in dispute. The demand must
be sent via registered or certified mail, return receipt requested. Upon receipt, the
City shall schedule the conference within 30 days.
12.6 Within 10 business days following the informal meet and confer conference, the
City shall submit to Contractor a written statement describing any issues
remaining in dispute and that portion which is undisputed. Undisputed portions of
the Claim shall be process and paid within 60 days of the written statement.
Undisputed amounts not paid in a timely manner shall bear interest at 7% per
annum. The issues remaining in dispute shall be submitted to non-binding
mediation. If the City and Contractor mutually agree on a mediator, each party
shall pay equal portions of all associated costs. If within 10 business days, the
City and Contractor cannot agree on a mediator, each party shall select a mediator
(paying all costs associated with their selected mediator), and those mediators
shall select a qualified neutral third party to mediate the disputed issues. The City
and Contractor shall pay equal portions of all associated costs of such third party
mediator.
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 10 of 11
12.7 Unless otherwise agreed by the City and Contractor, any mediation conducted
hereunder shall excuse any further obligation under Public Contract Code Section
20104.4 to mediate after litigation has commenced.
12.8 The City reserves all rights and remedies that it has pursuant to the Construction
Contract, plans and specifications, at law or in equity which are not in conflict
with Public Contract Code Section 9204 or Section 20104 et seq.
13. RECORDS AND AUDITS.
13.1 Contractor and its subcontractors shall establish and maintain records pertaining
to this contract. Contractor’s and subcontractors’ accounting systems shall
conform to generally accepted accounting principles, and all records shall provide
a breakdown of total costs charged under this contract, including properly
executed payrolls, time records, invoices and vouchers.
13.2 Contractor shall permit City and its authorized representatives to inspect and
examine Contractor’s books, records, accounts, and any and all data relevant to
this Contract at any reasonable time for the purpose of auditing and verifying
statements, invoices, or bills submitted by Contractor pursuant to this contract and
shall provide such assistance as may be reasonably required in the course of such
inspection. City further reserves the right to examine and re-examine said books,
records, accounts, and data during the four-year period following the termination
of this Contract; and Contractor shall in no event dispose of, destroy, alter, or
mutilate said books, records, accounts, and data in any manner whatever for four
years after the termination of this Contract.
13.3 Pursuant to California Government Code Section 8546.7, the parties to this
Contract shall be subject to the examination and audit of representative of the
Auditor General of the State of California for a period of three years after final
payment under the contract. The examination and audit shall be confined to those
matters connected with the performance of this contract including, but not limited
to, the cost of administering the contract.
14. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the
Work. Contractor shall submit with each payment request waivers of lien from each
major supplier and/or subcontractor. that meet the requirements of Civil Code Sections
8132 through 8138.
15. USE OF RECYCLED PAPER AND ELECTRONIC DOCUMENTS. Contractor
shall prepare and submit all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin paper. Documents shall
be printed on both sides of the page and City shall be provided with electronic copies of
documents (in Word or .pdf format) except where unusual circumstances make it
infeasible to do so.
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Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 11 of 11
16. ANTITRUST. By entering this contract, Contractor conveys, sells, assigns, and
transfers to the City all rights, titles, and interest and all causes of action it may now have
or hereafter acquire under the antitrust laws of the United States and the State of
California arising from purchase of goods, services, or materials pursuant to this contract
or any subcontract.
17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or claim arising under this agreement. If the parties fail to resolve such disputes
or claims, they shall submit them to non-binding mediation in California at shared
expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a
satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In
the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys’ fees.
18. LITIGATION.If any litigation is commenced between parties to this agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys’ fees and costs.
19. JURISDICTION. This agreement shall be administered and interpreted under the laws
of the State of California. Jurisdiction of litigation arising from this agreement shall be in
that state and venue shall be in Santa Clara County, California.
20. SEVERABILITY. If any part of this agreement is found to conflict with applicable
laws, such part shall be inoperative, null and void insofar as it conflicts with said laws,
but the remainder of this agreement shall be in full force and effect.
21. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Contractor under this agreement be supplemented or continued by
Contractor under a new agreement following expiration or termination of this agreement.
Contractor waives all rights or claims to notice or hearing respecting any failure by City
to continue to request or retain all or any portion of the work product from Contractor
following the expiration or termination of this agreement.
22. PARTIES IN INTEREST. This agreement does not, and is not intended to, confer any
rights or remedies upon any person or entity other than the parties.
23. WAIVER. Neither the acceptance of work or payment for work pursuant to this
agreement shall constitute a waiver of any rights or obligations arising under this
agreement. The failure by the City to enforce any of Contractor’s obligations or to
exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
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Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 1 of 3
City of Saratoga
Construction/Maintenance Contract for Project of $200,000 or Less
This agreement is entered into at Saratoga, California by and between the City of Saratoga, a municipal
corporation (“City”), and ______________________________________
(“Contractor”), who agree that:
1. Purpose of Contract.
Construction Contract (if for more than $25,000, Contractor is required to provide bonds in
accordance with Exhibit B-1 (“Bonds”)).
Maintenance Contract
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A (“Scope of Work and Payment
Terms”). If designated as a Construction Contract above, the City has solicited informal bids and selected
Contractor to perform the work in accordance with Article 3 of Chapter 2, Part 3, Division 2
(commencing with Section 22030) of the California Public Contract Code and Article 12-15 of the City of
Saratoga Municipal Code.
2. Term.
Start Date:End Date:
(If Start Date is left blank, start date will be date
last signed below.)
Or upon project completion, whichever occurs
first.
3. Payment. City shall pay Contractor for work product produced and any authorized reimbursable
costs pursuant to this agreement an amount not to exceed the total sum of: $______________.
Contractor agrees to comply with payment terms set forth in Exhibit A. If this contract is for more than
one year, the maximum payment amount for each year is set forth in Exhibit A.
Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this
agreement until Contractor has filed the business license numbers of all subcontractors and has received
of a fully executed notice to proceed from the Primary Representative.
4. Contract Administration. The authorized representatives of City and Contractor for Contract
administration are listed below. The City’s Primary Representative is the Administrator.
Contractor:
Contractor Name:
Contact Person:
Street Address:
Mario Topete Tree Care, Inc.
Annual Tree Services FY 23-24
Mario Topete Tree Care, Inc.
✔
Citywide Tree Services for FY23-24
7/1/2023 6/30/2024
100,000.00
Mario Topete Tree Care, Inc.
Mario Topete
162 Harriet Avenue
54
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Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 2 of 3
City, State, Zip:
Telephone(s):
Email Address:
Saratoga Business Lic. #:
Contractors’ Lic. #:
Dept. of Industrial
Relations Reg. #:
City of Saratoga
Department:
Primary Representative:
Street Address:
City, State, Zip:
Telephone:
Email Address:
5. Addresses for Notice. Notices or communications shall be given to the parties at the addresses
set forth in section 4 (“Contract Administration”) unless otherwise designated in a written notice to the
other party. In addition, notices to the City shall be copied to:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
6. Change of Address. Any party hereto, by giving ten (10) days written notice to the other, may
designate any other address as substitution of the address to which the notice or communication shall be
given.
7. Insurance and Bonds. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B (“Insurance”). Certificates of such insurance and copies of the insurance
policies and endorsements shall be delivered to City within ten (10) days after being notified of the award
of the contract, and before execution of this agreement by the City.
If this contract is for works of improvement and has a value of more than $25,000 it includes an Exhibit
B-1 (“Bonds”) and Contractor shall provide bonds in accordance with the requirements of that exhibit.
Mario Topete Tree Care, Inc.
Annual Tree Services FY 23-24
San Jose, CA 95127
1-408-937-4601
contact@topetetreecare.com
BUS-012923
1061020
1000870020
PW-Streets and Park Maintenance
Rick Torres and Shawn Gardner
19700 Alllendale Avenue
Saratoga, CA 95070
408-868-1244 and 408-868-1247
rtorres@saratoga.ca.us and sgardener@saratoga.ca.us
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Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less
Page 3 of 3
8. General Provisions. City and Contractor agree to and shall abide by the general provisions set
forth in Exhibit C.
9. Supplemental Provisions. If one or both boxes are checked below, this agreement includes
supplemental provisions described in connection with the checked box(es):
This agreement is funded in whole or in part by an entity other than City. Contractor shall comply
with all rules and regulations required by such funding entity. Applicable funding entity
requirements are set forth in Exhibit D (“Funding Agency Requirements”). Nothing in this
paragraph or in the funding entity requirements shall be construed to relieve Contractor of its duty
to ensure that it is in compliance with all applicable laws and regulations.
Exhibit E (“Special Requirements”) sets forth provisions regarding:
10. Exhibits. All exhibits referred to in this agreement are attached hereto and are by this reference
incorporated herein and made a part of this agreement.
11. Entire agreement.This agreement supersedes any and all agreements, either oral or written,
between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and
contains all of the covenants and agreements between the parties with respect to the rendering of such
services in any manner whatsoever. No amendment, alteration, or variation of the terms of this agreement
shall be valid unless made in writing and signed by the parties hereto.
12.Authority to Execute Agreement.Each individual executing this agreement represents that he or
she is duly authorized to sign and deliver the agreement on behalf of the party indicated and that this
agreement is binding on such party in accordance with its terms. This agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Contractor City of Saratoga
Signature City Manager
Date:
Signer Name
ATTEST:
Signer Title
Date:City Clerk
Contract Description: Date:
APPROVED AS TO FORM:
City Attorney’s Office
Date:
Mario Topete Tree Care, Inc.
Annual Tree Services FY 23-24
Citywide Tree Services for FY23-24
56
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 1 of 5
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A – Scope of Work and Payment Terms
Contractor shall perform the work described below in strict accordance with all plans, specifications,
and other Contract Documents. The term “Contract Documents” means this agreement, all
documents attached to or otherwise made a part of this agreement, including but not limited to those
identified in this Exhibit A, all certificates of insurance and any bonds required by this agreement,
and Section 9 of the State of California, Department of Transportation Standard Specifications
(2022) which includes procedures for determination of payments, compensation for extra work by
force account, partial payments, and final payments. Where there is a conflict between the
requirements of the several Contract Documents the more stringent requirements shall govern except
with respect to conflicts with provisions in Exhibit A (including the “Scope of Work and Payment
Terms”, attachments to Exhibit A, and any Consultant’s proposal referenced in Exhibit A), in which
case the other Contract Documents shall govern. The contractor shall also invoice the City in
accordance with the payment terms shown below.
Summary of Scope of Work & Payment Terms:
AND/OR See Exhibit(s) A-____incorporated by this reference.
Mario Topete Tree Care, Inc.
Annual Tree Services FY 23-24
• Contractor is to provide tree services, including but not limited to; pruning, removals, stump grinding,
cabling, inspection, purchasing, planting, pest and disease mitigation, staking and restoration as directed
by City.
• Service to be provided in accordance with Western Chapter ISA Pruning Standards and appropriate
ANRS.
• Each Project will be supervised by an ISA Certified Arborist.
• Permits will be supplied by the City where necessary and must be available on work site at all times.
• Permit is not necessary in emergency situations if work is approved by City.
• Contractor is responsible for underground service alert procedures and coordination with affected
utilities, remarking, shutdowns, damage etc.
• Contractor is responsible for all traffic control, in accordance with California MUTCD Specifications.
• Contractor is responsible for ensuring public safety and thoroughfare throughout all phases of the
project.
• Pruning is to be done in accordance with Arborist's Report, when provided.
• Work hours and dates must be approved by City before commencement of each project.
• Contractor is responsible for removal of debris and to leave site in a tidy and safe condition,
• Contractor is to be available for emergency tree work at all times, including weeknights and weekends,
when requested by the City.
_________________________x________________________
Mario Topete Tree Care, Inc. Rate Sheet: 2023-2024
(Cost is per man-hour of labor)
$140 -- Regular Hours (Mon-Fri, 8:00 - 4:00PM)
$210 -- Saturday's & Emergencies during Reg hrs
$280 -- Sunday's & Emergencies during After hrs
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$200,000 or Less – Exhibit A
Page 2 of 5
1. Payment: This contract is a (check one):
Unit Price Contract
Lump Sum Contract
Hourly Rate Contract
Task Based Contract
The payments specified in this paragraph shall be the only payments to be made to Contractor in
connection with Contractor’s completion of the Scope of Work pursuant to this agreement.
Reimbursable expenses shall be billed only at their actual cost. Contractor shall submit all billings to
City and City shall pay such billings in the manner specified in this paragraph. Payment shall be
made payable to Contractor and delivered to the address specified in Section 4 on pages 1 and 2 of
this agreement. The making of any payment by City, or the receipt thereof by the Contractor, shall in
no way lessen the liability of the Contractor to correct or revise unsatisfactory work, even though the
unsatisfactory character of such work may not have been apparent or detected at the time such
payment was made. City may withhold payment to Consultant in any instance in which the
Consultant has failed or refused to satisfy any material obligation provided for in this agreement. In
no event shall City be liable for interest or late charges for any late payments.
1.1 Unit Price. If this contract is designated as a Unit Price Contract, invoicing and
payment shall be as follows:
(a)Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work
performed in accordance with the Unit Prices in the Scope of Work
prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(3) A summary containing the total contract amount, the amount
of prior billings, the total due this period, percentage of work
completed, the remaining balance available for all remaining
billing periods, and a brief description of work completed
during the billing period.
(b)City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, less five
percent retention. City shall release the retained funds no less than
thirty five (35) days after the date the City accepts the Work.
1.2 Lump Sum. If this contract is designated as a Lump Sum Contract, Contractor shall
submit a final payment application in the amount of the contract sum upon
Mario Topete Tree Care, Inc.
Annual Tree Services FY 23-24
✔
✔
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Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 3 of 5
completion of the Work and satisfaction of all conditions of the agreement. City shall
make payment within 30 days of receipt of application, less five percent retention.
City shall release the retained funds no less than thirty five (35) days after the date the
City accepts the Work.
1.3 Hourly Rate or Task Based Contract. If this contract is designated as an Hourly
Rate or Task Based Contract, invoicing and payment shall be as follows:
(a)Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work
performed in accordance with either the hourly rates or task-based
rates in the Scope of Work and authorized reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(b)A summary containing the total contract amount, the amount of prior
billings, the total due this period, percentage of work completed, the
remaining balance available for all remaining billing periods, and a
brief description of work completed during the billing period.
1.4 Additional Payment Terms.
(a)Pursuant to California Public Contract Code Section 22300, for
monies earned by the Contractor and withheld by the City to ensure
the performance of the Contract, the Contractor may, at its option,
choose to substitute securities meeting the requirements of California
Public Contract Code Section 22300.
(b)Contractor agrees to furnish, as a condition of payment, payroll
affidavits, receipts, vouchers, and other documents, in form
satisfactory to City, prior to receipt of any payment. Contractor shall
submit Conditional and Unconditional waivers and release of lien (as
provided in Civil Code Sections 8132 through 8138) on behalf of
itself and suppliers that furnished labor, material, equipment or
services to the Project.
(c)Attention is directed to Section 9 of the State of California,
Department of Transportation Standard (2022) which includes
procedures for determination of payments, compensation for extra
work by force account, partial payments, and final payments. These
provisions are Contract Documents incorporated into this agreement.
Charges from Contractor to City will not be honored or paid by City unless the charges are
authorized and approved by City at the time the work is being performed.
Mario Topete Tree Care, Inc.
Annual Tree Services FY 23-24
59
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 4 of 5
2. Work to be Performed: The Work is described in the documents checked below which are
incorporated into and hereby made a part of this agreement:
Notice Inviting Bids dated _______________________
(It is important to list this as the bid notice date is used to determining the prevailing wage
rates that will apply to the work performed under the contract.)
Proposal dated _______________________
(In addition to description of work, license numbers for contractor and all subcontractors,
and not to exceed amount, for unit price contracts proposal must include unit prices.)
Construction/Maintenance Services General Conditions included as Exhibit A-1.
Contractor Safety Agreement included as Exhibit A-2
City of Saratoga Department of Industrial Relations Reporting information included as
Exhibit A-3.
Plans prepared by ______________________________________, dated _______________.
Specifications as indicated below (check appropriate box):
Technical Specifications prepared by _______________________________________,
dated ___________________.
Caltrans Standard Specifications, 2022 Edition.
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to diligently
and fully perform and complete the work.
3. Contract Time: Contractor shall complete the Work no later than __________________. If
the term “working days” is used here it means any day other than a Saturday, Sunday, or day on
which the City offices are closed in observance of a state or federal holiday; a list of holidays
observed by the City may be obtained from the Primary Representative.
(Indicate specific calendar date for completion. Consider whether interim milestones are
appropriate. If circumstances make it impractical to specify a completion date, calendar or working
days may be used.)
4. Warranty: Contractor warrants to City that all materials and equipment furnished shall be
new, free from faults and defects and of good quality and fit for the purpose intended. Contractor
hereby warrants its work against all deficiencies and defects for the following number of months or
the longest period permitted by the law of this State, whichever is more, or as otherwise provided in
the Contract Documents.
Number of Months Text:
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Number of Months Numeric:
5. License Classification: In accordance with Section 3300 of the California Public Contract
Code, the City has determined that the Contractor shall have a License as described below at the time
it submits its bid to the City and at all times it is performing the Work.
License Classification:
6. Liquidated Damages: If Contractor fails to complete the Work within the Contract Time,
the City will sustain damage. The actual occurrence of damages and the actual amount of the
damages which the City would suffer if the Work were not completed within the Contract Time
would be impracticable and extremely difficult to determine. Damages the City would suffer in the
event of delay include, but are not limited to, loss of the use of the Work, costs of administration,
inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the
damages which the City shall incur upon failure of the Contractor to complete the Work within the
Contract Time specified below:
Dollars Per Day Written:
Dollars Per Day Numerical:
for each calendar day by which completion of the Work is delayed beyond the Contract Time.
Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not
paid, agrees that the City may deduct the amount thereof from any monies due or that may become
due to the Contractor under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection
during the delay in the completion of the Work caused by acts of God or of the public enemy, fire,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather
or delays of subcontractors due to such causes, provided that the Contractor shall within five (5) days
from the beginning of any such delay notify the Administrator, in writing, of the causes of delay.
The Administrator shall ascertain the facts and the extent of delay, and the Administrator’s findings
thereon shall be final and conclusive.
7. General and Special Conditions: Without limiting the generality of the foregoing,
Contractor shall comply with the following special conditions:
Special Conditions:
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$200,000 or Less – Exhibit A-1
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City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-1 – Construction/Maintenance Services General Conditions
The following general conditions apply to all services being provided pursuant to this contract.
1.Warranty and Guarantee.
1.1 Contractor warrants to City that all materials and equipment furnished shall be
new, free from liens, encumbrances, faults and defects, and of good quality and fit
for the purpose intended.
1.2 Contractor warrants and guarantees for the time period defined on page 2 of
Exhibit A, or the longest period permitted by the law of this State, whichever is
greater, or as otherwise provided in the Contract Documents, that the materials
and necessary for the Work shall operate as provided for in the Contract
Documents. During the term of this warranty, Contractor shall, without delay,
provide all materials, parts and labor, at its own expense, which are necessary to
repair and/or correct any and all defects, installation or operational failures in the
materials and equipment from any cause so that said Work will function
successfully as originally contemplated. Notwithstanding the foregoing,
Contractor shall not be required to bear the expense of correction of any failure in
the materials and equipment that is caused by the sole or active negligence or
willful misconduct of the City. Should Contractor fail to act promptly or in
accordance with this requirement, or should the situation require that repairs or
replacements be made before Contractor can be notified, the City may, at its
option, make the necessary repairs or replacements or perform the necessary work
and Contractor shall pay to the City the actual cost of such repairs. Contractor
shall also pay to the City any attorneys’ fees incurred to enforce the obligations
herein.
2. Conduct of the Work. Contractor shall:
2.1 Do all things necessary to faithfully perform and complete the Work in a
competent manner.
2.2 All work shall be performed by experienced personnel directly employed and
supervised by the Contractor. The Contractor shall provide management and
technical supervision daily through competent supervisor as required.
2.3 The Contractor shall be responsible for the skills, methods and actions of all
employees.
2.4 The Contractor shall cooperate to enable the Administrator to determine the
Contractor’s conformity with these specifications and the adequacy of the work
being performed. The Contractor shall give personal daily supervision of the
work and be available for consultation with the Administrator or an engineer or
inspector designated by Administrator.
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$200,000 or Less – Exhibit A-1
Page 2 of 6
2.5 Submit all required samples, product data, certificates, operations and
maintenance instructions, guarantees, and other submittals no later than five (5)
days after the date the City issues a Notice to Proceed.
2.6 Ensure all necessary permits and approvals for the Work have been obtained.
2.7 Protect all materials to be used in the Work in accordance with the specifications.
2.8 Protect existing facilities and personal property.
2.9 Remove from the project site all debris resulting from performance of the Work
no less often than daily. If Contractor fails to do so, City may, after twenty-four
(24) hours' notice to Contractor, clean up the site and deduct the cost from the
Contract Price.
2.10 For projects scheduled to require more than three (3) days to complete, prepare
and submit a written daily activity report to City for each day on which work is
performed, including weekends and holidays when worked, and submit the
reports to the City no later than the next day that the City is open for business.
The daily reports shall, at a minimum, include the following information:
construction activities and locations, start or completion of activities, progress on
construction activities (including units or portions of work completed), tests or
inspections performed, deliveries of material or equipment, delays or potential
delays, visitors to the site, weather conditions, construction equipment used, and
personal injuries or damage to property.
2.11 Unload, hoist and otherwise handle its own materials, supplies and equipment.
2.12 Keep itself fully informed of all applicable laws including existing and future
state and federal laws and county and municipal ordinances and regulations 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 work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same.
2.13 Observe and comply with, and cause all of its agents and employees to observe
and comply with, all such applicable laws; and shall protect and indemnify the
City, and all elected officials, officers, employees, and agents thereof connected
with the Work, against any claim or liability arising from or based on the
violation of any such law, ordinance, regulation, order, or decree. If any
discrepancy or inconsistency is discovered in the plans, drawings, specifications,
or contract for the work in relation to any such law, ordinance, regulation, order
or decree, Contractor shall forthwith report the same to the Administrator in
writing.
2.14 Set up, identify, coordinate, provide safe access, and obtain all inspections for its
work, as required by any authorized agency or applicable code, prior to covering
up work.
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$200,000 or Less – Exhibit A-1
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3. Progress of The Work.
3.1 Contractor shall perform all work during the hours of 7:00 a.m. to 6:30 p.m.,
Monday through Friday unless otherwise specified in the Special Provisions or
authorized by the City in writing. If the Contractor wishes to work during any
other hours or on weekends, written permission must be received from the City.
The request must be received at least two (2) working days in advance of any
work. No work will be allowed on legal holidays except in the case of an
emergency. A listing of holidays observed by City is on file in the office of the
Administrator. If Contractor requests overtime work in which the City will incur
costs, Contractor shall be responsible for payment of the City’s costs incurred in
connection with the overtime work. The City will invoice the Contractor at time
and one half to cover the costs incurred. If Contractor does not pay the invoice
within ten days, the City may deduct the amount billed from other payments due
or to become due to Contractor under the Contract.
3.2 The Administrator or Administrator’s designee shall have the authority to suspend
the Work, wholly or in part, for such a period as the Administrator may deem
necessary.
4. Changes in Work.
4.1 Contractor shall make no changes in the Work without written direction from the
City. Contractor shall not be compensated for any change made without any such
written direction. No changes in the Work covered by this agreement shall
exonerate any surety or any bond given in connection with this agreement.
4.2 If the City directs the Contractor in writing to make changes in the Work that
materially affect the cost of performing the Work, the Contract Price will be
adjusted based on one of the following:
(a)Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities
involved in the changed Work;
(b)By establishment of new unit prices and related quantities for the
changed Work;
(c)By a combination of existing and new unit prices and related
quantities for the changed Work;
(d)By mutual acceptance of a lump sum.
4.3 If the City directs the Contractor in writing to make changes in the Work that
Contractor demonstrates materially affect the time required to perform the work,
the City will make a reasonable adjustment to the Contract Time.
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5. Inspection and Protection of Work.
5.1 Contractor shall make the Work accessible at all reasonable times for inspection
by the City. Contractor shall, at the first opportunity, inspect all material and
equipment delivered to the jobsite by others to be used or incorporated in the
Contractor's work and give prompt notice of any defect therein. Contractor
assumes full responsibility to protect the work done hereunder until final
acceptance by the City.
5.2 When the Work is completed, Contractor shall request, in writing, a final
inspection. Within ten (10) days of the receipt of such request, the City shall
make a final inspection. The Contractor or its representatives may be present at
the final inspection. The purpose of such final inspection shall be to determine
whether the Work has been completed in accordance with the Contract
Documents, including all change orders and all interpretations and instructions
previously issued.
6. Utility Facilities.
6.1 The Contractor shall protect from damage any utility facilities that are to remain
in place, be installed, relocated or otherwise rearranged.
6.2 Attention is directed to the possible existence of underground facilities not known
to the City, or in a location different from that which is shown on the plans or in
the Special Provisions. The Contractor shall take all steps reasonably necessary
to ascertain the exact location of all underground facilities prior to doing work
that may damage such facilities or interfere with their service, including but not
limited to calling USA utility locator service to mark utilities.
6.3 If Contractor while performing the Work discovers utility facilities not identified
in the Contract Documents, Contractor shall immediately notify the City and the
utility provider. City shall arrange the removal, relocation, or protection of
existing main or trunk line utility facilities located at the site of the Work but not
identified in the Contract.
6.4 If the Contractor is required to locate, repair damage not due to the Contractor’s
failure to exercise reasonable care, and remove or relocate existing main or trunk
line utility facilities, it shall be compensated under the Changes in Work section
of this Contract, including payment for equipment on the Project necessarily idled
during such work.
6.5 Contractor will not be entitled to damages or additional payment for delays
caused solely by the failure of City, or the utility provider, to provide for removal
or relocation of existing main or trunk line utility facilities not identified in the
Contract Documents, except for equipment necessarily idled during such work.
6.6 Contractor shall not be assessed liquidated damages for delay in completing the
Work solely attributable to the failure of City, or the owner of the utility, to
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provide for removal or relocation of existing main or trunk line utility facilities
not indicated in the Contract Documents with reasonable accuracy.
6.7 The right is reserved by the City and its authorized agents, to enter the job for the
purpose of making such changes as are necessary for the rearrangement of its
facilities or for making necessary connections or repairs to their properties. The
Contractor shall cooperate with forces engaged in such work and shall conduct
operations in such a manner as to avoid any delay or hindrance to the work being
performed by such other forces.
7. Differing Site Conditions.
7.1 The Contractor shall promptly, and before the following conditions are disturbed,
notify the City in writing of any:
(a)Material that the Contractor believes may be hazardous waste, as
defined in Section 25117 of the California Health and Safety Code,
that is required to be removed to a Class I, Class II, or Class III
disposal site in accordance with provisions of existing law;
(b)Subsurface or latent physical conditions at the site differing
materially from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or
(c)Unknown physical conditions at the site of any unusual nature,
differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided
for in this Contract.
7.2 The City shall promptly investigate the conditions, and if it finds that such
conditions do materially so differ, or do involve hazardous waste, and cause an
increase or decrease in the Contractor's cost of, or the time required for,
performance of any part of the Work, it shall issue a change order under the
provisions described in the Contract Documents.
7.3 No claim of the Contractor under this Section 7 shall be allowed unless the
Contractor has given the notice required in the Contract Documents.
7.4 In the event a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor's cost of, or time required for, performance of any part
of the work, Contractor shall not be excused from completing the Work. The
Contractor shall proceed with all work to be performed under the Contract. The
Contractor shall retain any and all rights provided either by this Contract or by
law which pertain to the resolution of disputes and protests.
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$200,000 or Less – Exhibit A-1
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8. Cooperation and Care.
8.1 Should construction be under way by the City, other agencies or other contractors
within or adjacent to the limits of the work specified or should work of any other
nature be under way by other forces within or adjacent to said limits, the
Contractor shall cooperate with all such other contractors or other forces to the
end that any delay or hindrance to their work will be avoided. The City reserves
the right to perform other or additional work at or near the site (including material
sources) at any time, by the use of other forces.
8.2 Until the final acceptance of the work, the Contractor shall have the charge and
care of the Work and of the materials to be used therein, including materials for
which partial payment has been received. The City shall not be held responsible
for the care or protection of any material or parts of the Work prior to final
acceptance, except as expressly provided in the Special Provisions.
9. Time.Time is of the essence of this agreement. Contractor shall provide City with
scheduling information in a form acceptable to City, including any changes made by City
in the scheduling of work. Contractor shall coordinate its work with that of all other
contractors, subcontractors and suppliers so as not to delay or damage their performance.
It is further agreed that in case Contractor fails to complete the Work in all parts and
requirements within the Contract Time set forth in Exhibit A, the City shall have the right
to extend the Contract Time or not, as may seem best to serve the interest of the City; and
if it decides to extend the Contract Time, City shall further have the right to charge to the
Contractor, its heirs, assigns or sureties, and to deduct from the payment for the Work, all
or any part, as it may deem proper, of the actual cost of engineering, inspection,
superintendence, and other overhead expenses which are directly chargeable to the
Contract, and which accrue during the period of such extension. In the event that
Contractor's work is delayed for any reason, including acts of City, Contractor's sole
remedy shall be an extension of time equal to the period of delay, provided Contractor
has given City written notice of the commencement of delay within 48 hours of its
occurrence. If the City accepts any work or makes any payment under this agreement
after a default by reason of delays, the payment or payments shall in no respect constitute
a waiver or modification of any agreement provisions regarding time of completion and
liquidated damages.
-End of Exhibit A-1
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City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-2 – City of Saratoga Contractor Safety Assurances
The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is
performed in accordance with the State’s environmental health and safety laws, codes and regulations. To
this end, please initial and check the following form in the appropriate boxes. Failure to do so may affect
your contract with the City of Saratoga. For the purposes of this document, you are referred to as
“Contractor.” This checklist must be updated annually or anytime changes occur. Contractor will provide
the City with any documents referenced below within 24 hours of the request.
Safety Measures 1 and 2 are required.
SAFETY MEASURE
1. A. Contractor has either a written Injury and Illness Prevention Plan compliant with 8CCR3203, OR
B. Contractor has fewer than 10 employees, but agrees all work will be performed in compliance with all
laws, codes, regulations and best standard practices to protect personnel, the environment, and property.
2. Contractor will provide the City of Saratoga a copy of their accident investigation report within 24 hours for
each accident that occurs during the performance of the contract.
Please respond YES, NO, or N/A for each item on the list. YES NO N/A
3. Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the
job.
4. Contractor will provide the City of Saratoga a copy of the SDS (Safety Data
Sheet) for each chemical brought onto the site.
5. Contractor has and can provide the City of Saratoga a copy of the Hazardous
Waste disposal plan for any hazardous wastes generated during the job.
6. Contractor has and can provide the City of Saratoga a copy of their
Lockout/Tagout program if any work is to be done on any sources of hazardous
energy.
7. Contractor has and can provide the City of Saratoga a copy of their Electrical
Safety program if any electrical work is to be performed.
8. Contractor has and can provide the City of Saratoga a copy of their Fall
Protection program if any work is to be performed that would require it.
9. Contractor has and can provide the City of Saratoga a copy of the Confined
Space program if any confined spaces are to be entered.
10. Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training certifications for employees if those employees occasionally work
outdoors for two or more hours/day.
Contractor:
____________________________________________________
(print company name) hereby certifies that the foregoing is true and correct.
Contractor Signature Above Primary Representative Acceptance Above
Print Name & Title & Date Above Print Name & Title & Date Above
-End of Exhibit A-2-
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$200,000 or Less – Exhibit A-3
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-3 – City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form,
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Contractor Name:
Contractor DIR #:
(Contractor shall maintain an active DIR registration for the Term of this agreement)
Classification(s) or type(s) of workers that will be employed by the Contractor for this project:
Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers
Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Eng.Painters
Pile Drivers Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm.Surveyors Teamster
Tile Workers
Subcontractor: Contractor’s License
Number:
DIR Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the Contractor named in the first line above.
Signature Date:
Print Name & Title
-End of Exhibit A-3-
Mario Topete Tree Care, Inc.
Annual Tree Services FY 23-24
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$200,000 or Less – Exhibit B
Page 1 of 4
City of Saratoga Public Works/Construction Contract for Project of $200,000 or Less
Exhibit B – Insurance
The insurance requirements listed below that have an “9” indicated in the space before the
requirement apply to this agreement together with the general requirements for the duration of the
contract, and until the expiration of the warranty period following the final completion and
acceptance by the City.
Modifications to the below requirements are shown in Exhibit E (“Special Requirements”).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and
request that they provide certificates of insurance complete with copies of all required endorsements
to the Primary Representative listed in Section 4 on page 2. During the term of this agreement and
until the expiration of the warranty period Contractor shall ensure that its broker(s)/agent(s) provide
Primary Representative with updated certificates of insurance reflecting continued satisfaction of the
requirements of this agreement together with updated endorsements in the event of a change in the
underlying insurance policy(ies), with copies emailed to cityhall@saratoga.ca.us.
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of all
required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work commences.
Insurance Requirements
Commercial General Liability Insurance with coverage at least as broad as indicated:
Commercial General Liability Insurance covering commercial general liability on an
“occurrence” basis, including products and completed operations, property damage,
bodily injury, personal injury, and advertising injury with coverage minimum limits of
$2,000,000 per occurrence
$_________________ per occurrence
If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
Completed operations coverage. If this box is checked Contractor shall maintain
insurance as required by this contract to the fullest amount allowed by law and shall
maintain insurance for a minimum of five years following the completion of this
project. In the event contractor fails to obtain or maintain completed operations
coverage as required by this agreement, the City at its sole discretion may purchase the
coverage required and the cost will be paid by Contractor.
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Auto Liability Insurance using ISO Form Number CA 0001 (or equivalent) covering any auto, or
if Contractor has no owned autos, then hired autos and non-owned autos, with minimum limits of
$1,000,000 per accident for bodily injury and property damage
$2,000,000 per accident for bodily injury and property damage
Professional/Errors and Omissions Liability (“E&O”)with coverage as indicated
$1,000,000 per loss/ $1,000,000 aggregate
$2,000,000 per loss/ $2,000,000 aggregate
Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for
bodily injury or disease. Contractor shall submit to City a waiver of subrogation
endorsement in favor of City, its officers, officials, agents, employees, and volunteers. If
Contractor is not required to maintain Workers’ Compensation Insurance pursuant to State
law, Contractor shall file a verification of that fact with the Primary Representative.
Contractor shall purchase and maintain "All Risk or Special Form" Builder's Risk
Insurance on a replacement cost basis in an amount equal to the full replacement cost of the
Work on a completed value basis, including coverage for ‘soft costs’ such as design,
engineering, and construction management fees. The builder's risk insurance shall cover all
risks of loss, including but not limited to fire; lightning; windstorm; hail, explosion; riot; riot
attending a strike; civil commotion; smoke damage; damage by aircraft or vehicles;
vandalism and malicious mischief; theft; collapse; flood; and earthquake. This insurance
shall include coverage including, but not limited to all damages or loss to the Work; to
appurtenances; to materials and equipment to be used on the Project while the same are in
transit or stored on or off the project site; and/or to construction plant and temporary
structures. Builder’s Risk Insurance policies shall name the City as loss payee, waive all
rights of subrogation against City, have a deductible not to exceed $5,000, and provide City
the right to occupy the premises without termination of the policy until acceptance of the
Work.
All subcontractors used must comply with the above requirements except as noted below:
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General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Additional Insured Status and Primary Coverage. Contractor shall submit to City an
additional insured endorsement for its Commercial General Liability policy with coverage at
least as broad as ISO form CG 20 10 for ongoing operations, and coverage at least as broad as
ISO Form CG 20 37 for completed operations. For Auto Liability, the policy shall contain, or be
endorsed to contain, additional insured coverage for the City, its officers, officials, employees, agents
and volunteers. Any available insurance proceeds broader than or in excess of the minimum
insurance coverage requirements and/or limits specified in this agreement shall be available to the
additional insured. The requirements for coverage and limits shall be (1) the minimum coverage and
limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of
any insurance policy or proceeds available to the named insured; whichever is greater. The
additional insured coverage under Contractor’s policy shall be ''primary and non-contributory" and
will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as
ISO Form CG 20 01 04 13 and CG 20 38 04 13. This requirement does not apply to errors and
omissions insurance. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
2. Separation of Insureds.The Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
4. Umbrella or Excess Insurance.The limits of insurance required in this agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or 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 (if agreed to in a written contract or
agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a
named insured.
5. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to
subrogation which any insurer of Contractor may acquire against City by virtue of the payment of
any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to
effect this waiver of subrogation, but this provision applies regardless of whether City has received a
waiver of subrogation endorsement from the insurer.
6. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications and failure to exercise
this right shall not constitute a waiver of any of City’s rights pursuant to this agreement.
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7. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer to
cancel any insurance policy required by this agreement except after providing 30 days prior notice to
the City. Each insurance policy required above shall state that coverage shall not be canceled, except
with notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Contractor shall immediately provide written notice to the City and obtain
substitute insurance meeting the requirements of this agreement. Nothing in this paragraph relieves
Contractor of its obligation to maintain all insurance required by this agreement at all times during
the term of the agreement.
8. Claims Made Policies. If any of the required policies provide claims-made coverage, the
coverage shall be maintained for a period of five years after completion of the contract. Contractor
may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail
coverage applicable to said five-year period.
9. Acceptability of Insurers. The policy or policies required by this agreement shall be issued
by insurers admitted in the State of California and with a rating of at least A:VII in the latest edition
of Best’s Insurance Guide.
10. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the
same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired
by Contractor shall agree to be bound to Contractor and City in the same manner and to the same
extent as Contractor is bound to the City under this agreement. Subcontractors shall further agree to
include these same provisions with any sub-subcontractor. Contractor shall provide subcontractor
with a copy of the indemnity and insurance provisions of this agreement as a part of Contractor’s
subcontract with subcontractor. Contractor shall require all subcontractors to provide a valid
certificate of insurance and the required endorsements included in the agreement prior to
commencement of any work and will provide proof of compliance to the City.
11. Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special
circumstances.
-End of Exhibit B-
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City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor
to provide the work product described in Exhibit A (“Scope of Work and Payment
Terms”) because it lacks the qualified personnel to provide the specified work product.
Contractor is qualified to provide the required work product and is agreeable to providing
such work product on the terms and conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Contractor shall be an
independent contractor and shall not be an employee of City. Contractor shall
complete the Scope of Work hereunder in accordance with currently approved
methods and practices in Contractor's field. No relationship of employer and
employee is created by this agreement between the City and Contractor or any
subcontractor or employee of Contractor. City shall have the right to control
Contractor only with respect to specifying the results to be obtained from
Contractor pursuant to this agreement. City shall not have the right to control the
means by which Contractor accomplishes services rendered pursuant to this
agreement. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Contractor’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be
construed as limiting the right of Contractor to engage in Contractor's profession
separate and apart from this agreement so long as such activities do not interfere
or conflict with the performance by Contractor of the obligations set forth in this
agreement. Interference or conflict will be determined at the sole discretion of the
City.
1.3 Standard of Care. Contractor shall complete the Work required pursuant to this
agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical
area in which Contractor practices its profession. All work product of whatsoever
nature which Contractor delivers to City pursuant to this agreement shall be
prepared in a substantial, first class and workmanlike manner and conform to the
standards of quality normally observed by a person practicing in Contractor’s
profession.
1.4 Qualifications. Contractor represents and warrants to City that the Contractor is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Contractor as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Contractor
shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
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1.5 Use of City Equipment.City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Contractor, or by any of its employees, even though such equipment be furnished,
rented or loaned to Contractor by City.
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Contractor is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Contractor which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Contractor for City, upon notification of such fact by
the City, the Contractor shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Contractor
under this agreement (again, offsetting any amounts already paid by the
Contractor which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Contractor shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Contractor is an employee for any other purpose, then the Contractor agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Contractor was not an employee.
2. COMMUNICATION AND NOTICES.
2.1 Communications with Designated Administrator. The City’s Administrator
designated in section 4 on page 2 of this agreement is authorized to receive
information, interpret and define City's policies consistent with this agreement,
and communicate with Contractor concerning this agreement. All correspondence
and other communications shall be directed to or through the Administrator or the
Administrator’s designee.
2.2 Communications and Notices on Compliance with Agreement.All notices or
communication concerning a party's compliance with the terms of this agreement
shall be in writing and may be given either personally, by certified mail, return
receipt requested, or by overnight express carrier. The notice shall be deemed to
have been given and received on the date delivered in person or the date upon
which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving party. The parties shall make good
faith efforts to provide advance courtesy notice of any notices or communications
hereunder via e-mail. However, under no circumstances shall such courtesy notice
satisfy the notice requirements set forth above; nor shall lack of such courtesy
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notice affect the validity of service pursuant to the notice requirement set forth
above.
3. PREVAILING WAGE.
3.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California
Labor Code (Sections 1720 and following), and Contractor and any subcontractor
shall pay not less than the prevailing rates of wage as determined by the
California Department of Industrial Relations (“DIR”) to all workers employed in
performance of the Work. Pursuant to the provisions of Section 1770 of the
California Labor Code, the City has obtained the general prevailing rate of wages
and employer payments for health and welfare, vacation, pension and similar
purposes in the vicinity of the Work, a copy of which is on file in the office of the
City, and shall be made available for viewing to any interested party upon request.
Full compensation for conforming to the requirements of this section 3 shall be
deemed included in the prices paid for the various contract items of work, and no
separate payment will be made therefor. In accordance with Section 1815 of the
California Labor Code, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ times the basic rate of pay for work performed in
excess of specified hour limitations.
3.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid
proposal, subject to the requirements of section 4104 of the California Labor
Code, and 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 California Labor Code unless otherwise noted in supplemental
provisions hereto. Contractor shall not enter into a subcontract without proof that
the subcontractor is registered with DIR and qualified to perform public work
pursuant to Section 1725.5 of the California Labor Code. Contractor shall provide
DIR registration numbers to the City for all subcontractors pursuant to Section
1725.5.
3.3 Contractor shall post at the job site the determination of the director of the
prevailing rate of per diem wages together with all job site notices that are
required by regulations of the DIR.
3.4 This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. Contractor and any subcontractors shall keep
accurate payroll records, in accordance with Section 1776 of the California Labor
Code, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee
employed by Contractor or subcontractor in connection with the Work and shall
furnish the records specified in California Labor Code section 1776 directly to the
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Labor Commissioner at least monthly in a format prescribed by the Labor
Commissioner and otherwise in accordance with law.
4. LABOR
4.1 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each worker employed in the execution of the contract by the
respective contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of this
article.
4.2 Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6
of the California 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.
4.3 As required by Labor Code Section 1861, by signing this agreement 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 worker’s
compensation or to undertake self-insurance in accordance with the
provisions before commencing the performance of the work of this
contract.”
4.4 Contractor’s attention is directed to provisions in Sections 1775 and 1813 of the
California Labor Code. In accordance with Section 1775 of the California Labor
Code, Contractor and its subcontractors may be subject to penalties for
Contractor’s and subcontractors’ failure to pay prevailing wage rates. In
accordance with Section 1813 of the California Labor Code, 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 of specified hour limitations.
4.5 In connection with the performance of the Work under this contract, Contractor
will not because of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status of any person, to refuse to hire or
employ the person or to refuse to select the person for a training program leading
to employment, or to bar or to discharge the person from employment or from a
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training program leading to employment, or to discriminate against the person in
compensation or in terms, conditions, or privileges of employment, unless based
upon a bona fide occupational qualification or applicable security regulations
established by the United States or the State of California, or as otherwise
provided in section 12940 of the Government Code. As provided in Labor Code
section 1735, a violation of this provision is subject to all penalties imposed for a
violation of Division, 2, Part 7, Chapter 1 of the Labor Code including the
monetary penalties provided in Labor Code section 1775.
5. LICENSE REQUIREMENT.Contractor’s attention is directed to California Business
and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At
the time Contractor submits its bid to the City and all times Contractor is performing the
Work, Contractor shall have a valid license issued by the Contractors State License Board
in the classification stated in the Special Provisions. Contractor and all subcontractors
shall be licensed in accordance with the laws of this State and any contractor or
subcontractor not so licensed is subject to penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT
OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE
FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED
TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.
BOX 26000, SACRAMENTO, CALIFORNIA 95826.
6. CONTRACTOR NOT AGENT. Except as City may specify in writing, Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant
to this agreement to bind City to any obligation whatsoever.
7. BENEFITS AND TAXES. Contractor shall not have any claim under this agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state income taxes, and in connection
therewith Contractor shall indemnify and hold City harmless from any and all liability
that City may incur because of Contractor's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Contractor.
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8. ASSIGNMENT AND SUBCONTRACTING.
8.1 Contractor shall conform to the requirements of Section 4100 through 4113 of the
California Public Contract Code, the Subletting and Subcontracting Fair Practices
Act.
8.2 Contractor shall give personal attention to the performance of the Contract and
shall keep the Work under its control.
8.3 For the purposes of administering this agreement no subcontractors will be
recognized by the City as such, and all persons engaged in the work of
construction will be considered by the City as employees of the Contractor, who
will be held responsible for their work which shall be subject to the provisions of
the Contract and specifications.
8.4 No subcontractor who is ineligible to bid work on, or be awarded, a public works
project under California Labor Code Sections 1771.1 or 1777.7 can bid on, be
awarded or perform work as a subcontractor on the Project. The Contractor is
prohibited from performing work on the Project with a subcontractor who is
ineligible to perform work on a public works project under these sections of the
California Labor Code.
8.5 When a portion of the work which has been subcontracted by the Contractor is not
being prosecuted in a manner satisfactory to the City, the subcontractor shall be
removed immediately on the request of the City and shall not again be employed
on the work.
8.6 Contractor may not assign performance of the Contract except upon written
consent of the City.
8.7 Contractor shall require all subcontractors to comply with the terms of this
Contract.
9. TERMINATION.
9.1 Should Contractor fail within five (5) working days from receipt of City's written
notice to correct any contractual deficiencies, including but not limited to failure
to perform the Work in accordance with the Contract Documents, failure to
comply with the directions of City, or failure to pay its creditors, City may
terminate this agreement for default. Following a termination for default, City
shall have the right to take whatever steps it deems necessary to correct and
complete the work and charge the cost thereof to Contractor, who shall be liable
for the full cost of City's corrective action, including reasonable overhead,
administrative costs, and attorneys' fees.
9.2 City may at any time terminate the Contract at City's convenience upon five days
written notice to Contractor; in the event of termination for convenience,
Contractor shall recover only the amount due under the contract for Work
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completed to the date of termination in accordance with the Contract Documents,
less amounts paid to date. Contractor shall not be entitled to any claim or lien
against City for any additional compensation or damages in the event of such
termination.
9.3 If City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this
section, and Contractor specifically waives any claim for any other amounts or
damages, including, but not limited to, any claim for consequential damages or
lost profits.
9.4 Failure by City to seek any remedy for any default hereunder shall not constitute a
waiver of any other rights hereunder or any right to seek any remedy for any
subsequent default.
10. CONFLICT OF INTEREST
10.1 In General. Contractor represents and warrants that it presently has no interest,
and will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Contractor shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
10.2 Subsequent Conflict of Interest.Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the
Contractor will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Contractor has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
potential conflict. Within 45 days, the Contractor shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
10.3 Interests of City Officers and Staff.No officer, member or employee of City
and no member of the City Council shall have any pecuniary interest, direct or
indirect, in this agreement or the proceeds thereof. Neither Contractor nor any
member of any Contractor’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
recommends, or supervises Contractor's performance of the Scope of Work or
authorizes funding to Contractor.
11. HOLD HARMLESS AND INDEMNIFICATION
11.1 The City of Saratoga and all officers, employees, and agents thereof connected
with the Work, shall not be answerable or accountable in any manner for any loss
or damage that may happen to the Work or any part thereof; for any loss or
damage to any of the materials or other things used or employed in performing the
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Work; for injury to or death of any person; or for damage to property from any
cause except losses due to sole or active negligence of the City's officers or
employees.
11.2 To the fullest extent allowed by law, Contractor shall defend, indemnify and hold
harmless the City, its elected and appointed officials, employees and agents, from
all liability, penalties, costs, losses, damages, expenses, causes of action, claims or
judgments, including attorney's fees and other defense costs, resulting from injury
to or death sustained by any person (including Contractor's employees and
subcontractors), or damage to property of any kind, or any other injury or damage
whatsoever, which injury, death or damage arises out of or is in any way
connected with the performance of the Work, regardless of the Contractor’s fault
or negligence, including any of the same resulting from City’s alleged or actual
negligent act or omission, or that of its agents, contractors or employees; except
that said indemnity shall not be applicable to injury, death or damage to property
arising from the sole or active negligence or willful misconduct of City, its
constituent entities, its and their officers, agents, or servants who are directly
responsible to City. This indemnification shall extend to claims asserted after
termination of this Contract for whatever reason. In instances where the City’s
active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion of the percentage of
liability not attributable to the active negligence of the City.
11.3 Contractor shall be obligated to immediately defend, with counsel approved by
the City, any suit or action brought against the City, its elected and appointed
officials, employees and agents, founded upon any claim of injury to or death
sustained by any person (including Contractor’s employees and subcontractors),
or damage to property of any kind, or any other injury or damage whatsoever,
which injury, death or damage arises out of or is in any way connected with the
performance of the Work, whether or not liability is established. This
indemnification and duty to defend shall extend to claims asserted after
termination of this Contract for whatever reason.
11.4 In addition to any remedy authorized by law, as much of the money due the
Contractor under and by virtue of the contract as shall be considered necessary by
the City, may be retained by the City until disposition has been made of such suits
or claims for damage.
11.5 The City and Contractor shall timely notify each other of the receipt of any third-
party claim relating to the Contract.
12. CLAIMS. Section 9204 of the Public Contract Code prescribes a process for negotiation
and mediation to resolve disputes on public works Claims. Sections 20104 et seq., of the
California Public Contract Code prescribe a process using informal conferences, non-
binding judicial supervised mediation, and judicial arbitration to resolve disputes on
construction claims of $375,000 or less. These sections shall govern public works Claims
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arising from this agreement after a change order duly requested has been denied by the
City. The following provisions and procedures shall apply to claims under Section 9204:
12.1 For the purposes of this section, the term “Claim”, “Contractor”, “Mediation”,
“Public Entity” “Public works project” and “Subcontractor” shall have the
meaning provided for in Public Contract Code Section 9204.
12.2 Contractor shall submit each Claim (whether for a time extension, payment for
money or damages) in writing and in compliance with Public Contract Code
Section 9204. Contractor must include reasonable documentation to support each
Claim.
12.3 Upon receipt of a Claim, the City shall conduct a reasonable review and respond
in writing within 45 days of receipt and shall identify in a written statement what
portions of the claim are disputed and undisputed. Undisputed portions of the
Claim shall be processed and paid within 60 days of the written statement.
Undisputed amounts not paid in a timely manner shall bear interest at 7% per
annum. The City and Contractor may mutually agree to extend the 45 day
response time.
12.4 If the City needs approval from the City Council to provide a written statement
identifying the disputed portion and the undisputed portion of the claim, the 45
day response time or the mutually agreed on response time may be extended to 3
days following the next duly noticed public meeting.
12.5 If the City fails to timely respond to a Claim or if Contractor disputes the City’s
response, Contractor may submit a written demand for an informal meet and
confer conference with the City to settle the issues in dispute. The demand must
be sent via registered or certified mail, return receipt requested. Upon receipt, the
City shall schedule the conference within 30 days.
12.6 Within 10 business days following the informal meet and confer conference, the
City shall submit to Contractor a written statement describing any issues
remaining in dispute and that portion which is undisputed. Undisputed portions of
the Claim shall be process and paid within 60 days of the written statement.
Undisputed amounts not paid in a timely manner shall bear interest at 7% per
annum. The issues remaining in dispute shall be submitted to non-binding
mediation. If the City and Contractor mutually agree on a mediator, each party
shall pay equal portions of all associated costs. If within 10 business days, the
City and Contractor cannot agree on a mediator, each party shall select a mediator
(paying all costs associated with their selected mediator), and those mediators
shall select a qualified neutral third party to mediate the disputed issues. The City
and Contractor shall pay equal portions of all associated costs of such third party
mediator.
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12.7 Unless otherwise agreed by the City and Contractor, any mediation conducted
hereunder shall excuse any further obligation under Public Contract Code Section
20104.4 to mediate after litigation has commenced.
12.8 The City reserves all rights and remedies that it has pursuant to the Construction
Contract, plans and specifications, at law or in equity which are not in conflict
with Public Contract Code Section 9204 or Section 20104 et seq.
13. RECORDS AND AUDITS.
13.1 Contractor and its subcontractors shall establish and maintain records pertaining
to this contract. Contractor’s and subcontractors’ accounting systems shall
conform to generally accepted accounting principles, and all records shall provide
a breakdown of total costs charged under this contract, including properly
executed payrolls, time records, invoices and vouchers.
13.2 Contractor shall permit City and its authorized representatives to inspect and
examine Contractor’s books, records, accounts, and any and all data relevant to
this Contract at any reasonable time for the purpose of auditing and verifying
statements, invoices, or bills submitted by Contractor pursuant to this contract and
shall provide such assistance as may be reasonably required in the course of such
inspection. City further reserves the right to examine and re-examine said books,
records, accounts, and data during the four-year period following the termination
of this Contract; and Contractor shall in no event dispose of, destroy, alter, or
mutilate said books, records, accounts, and data in any manner whatever for four
years after the termination of this Contract.
13.3 Pursuant to California Government Code Section 8546.7, the parties to this
Contract shall be subject to the examination and audit of representative of the
Auditor General of the State of California for a period of three years after final
payment under the contract. The examination and audit shall be confined to those
matters connected with the performance of this contract including, but not limited
to, the cost of administering the contract.
14. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the
Work. Contractor shall submit with each payment request waivers of lien from each
major supplier and/or subcontractor. that meet the requirements of Civil Code Sections
8132 through 8138.
15. USE OF RECYCLED PAPER AND ELECTRONIC DOCUMENTS. Contractor
shall prepare and submit all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin paper. Documents shall
be printed on both sides of the page and City shall be provided with electronic copies of
documents (in Word or .pdf format) except where unusual circumstances make it
infeasible to do so.
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16. ANTITRUST. By entering this contract, Contractor conveys, sells, assigns, and
transfers to the City all rights, titles, and interest and all causes of action it may now have
or hereafter acquire under the antitrust laws of the United States and the State of
California arising from purchase of goods, services, or materials pursuant to this contract
or any subcontract.
17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or claim arising under this agreement. If the parties fail to resolve such disputes
or claims, they shall submit them to non-binding mediation in California at shared
expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a
satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In
the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys’ fees.
18. LITIGATION.If any litigation is commenced between parties to this agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys’ fees and costs.
19. JURISDICTION. This agreement shall be administered and interpreted under the laws
of the State of California. Jurisdiction of litigation arising from this agreement shall be in
that state and venue shall be in Santa Clara County, California.
20. SEVERABILITY. If any part of this agreement is found to conflict with applicable
laws, such part shall be inoperative, null and void insofar as it conflicts with said laws,
but the remainder of this agreement shall be in full force and effect.
21. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Contractor under this agreement be supplemented or continued by
Contractor under a new agreement following expiration or termination of this agreement.
Contractor waives all rights or claims to notice or hearing respecting any failure by City
to continue to request or retain all or any portion of the work product from Contractor
following the expiration or termination of this agreement.
22. PARTIES IN INTEREST. This agreement does not, and is not intended to, confer any
rights or remedies upon any person or entity other than the parties.
23. WAIVER. Neither the acceptance of work or payment for work pursuant to this
agreement shall constitute a waiver of any rights or obligations arising under this
agreement. The failure by the City to enforce any of Contractor’s obligations or to
exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
Mario Topete Tree Care, Inc.
Annual Tree Services FY 23-24
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$200,000 or Less
Page 1 of 3
City of Saratoga
Construction/Maintenance Contract for Project of $200,000 or Less
This agreement is entered into at Saratoga, California by and between the City of Saratoga, a municipal
corporation (“City”), and ______________________________________
(“Contractor”), who agree that:
1. Purpose of Contract.
Construction Contract (if for more than $25,000, Contractor is required to provide bonds in
accordance with Exhibit B-1 (“Bonds”)).
Maintenance Contract
This is a contract for:
The purpose of the contract is more specifically described in Exhibit A (“Scope of Work and Payment
Terms”). If designated as a Construction Contract above, the City has solicited informal bids and selected
Contractor to perform the work in accordance with Article 3 of Chapter 2, Part 3, Division 2
(commencing with Section 22030) of the California Public Contract Code and Article 12-15 of the City of
Saratoga Municipal Code.
2. Term.
Start Date:End Date:
(If Start Date is left blank, start date will be date
last signed below.)
Or upon project completion, whichever occurs
first.
3. Payment. City shall pay Contractor for work product produced and any authorized reimbursable
costs pursuant to this agreement an amount not to exceed the total sum of: $______________.
Contractor agrees to comply with payment terms set forth in Exhibit A. If this contract is for more than
one year, the maximum payment amount for each year is set forth in Exhibit A.
Contractor is not authorized to undertake any efforts or incur any costs whatsoever under the terms of this
agreement until Contractor has filed the business license numbers of all subcontractors and has received
of a fully executed notice to proceed from the Primary Representative.
4. Contract Administration. The authorized representatives of City and Contractor for Contract
administration are listed below. The City’s Primary Representative is the Administrator.
Contractor:
Contractor Name:
Contact Person:
Street Address:
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
West Coast Arborists, Inc.
✔
Citywide Tree Services for FY23-24
7/1/2023 6/30/2024
100,000.00
West Coasr Arborists, Inc.
Patrick Mahone
2200 E. Via Burton
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$200,000 or Less
Page 2 of 3
City, State, Zip:
Telephone(s):
Email Address:
Saratoga Business Lic. #:
Contractors’ Lic. #:
Dept. of Industrial
Relations Reg. #:
City of Saratoga
Department:
Primary Representative:
Street Address:
City, State, Zip:
Telephone:
Email Address:
5. Addresses for Notice. Notices or communications shall be given to the parties at the addresses
set forth in section 4 (“Contract Administration”) unless otherwise designated in a written notice to the
other party. In addition, notices to the City shall be copied to:
City Manager
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
City Clerk
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
These copies shall not constitute notice.
6. Change of Address. Any party hereto, by giving ten (10) days written notice to the other, may
designate any other address as substitution of the address to which the notice or communication shall be
given.
7. Insurance and Bonds. Contractor agrees to procure and maintain insurance as required by the
provisions set forth in Exhibit B (“Insurance”). Certificates of such insurance and copies of the insurance
policies and endorsements shall be delivered to City within ten (10) days after being notified of the award
of the contract, and before execution of this agreement by the City.
If this contract is for works of improvement and has a value of more than $25,000 it includes an Exhibit
B-1 (“Bonds”) and Contractor shall provide bonds in accordance with the requirements of that exhibit.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
Anaheim CA 92806
1-714-991-1900
pmahoney@wcainc.com
BUS-009294
366764
1000000956
PW-Streets and Park Maintenance
Rick Torres and Shawn Gardner
19700 A;llendale Avenue
Saratoga, CA 95070
408-868-1244 and 408-868-1247
rtorres@saratoga.ca.us and sgardener@saratoga.ca.us
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$200,000 or Less
Page 3 of 3
8. General Provisions. City and Contractor agree to and shall abide by the general provisions set
forth in Exhibit C.
9. Supplemental Provisions. If one or both boxes are checked below, this agreement includes
supplemental provisions described in connection with the checked box(es):
This agreement is funded in whole or in part by an entity other than City. Contractor shall comply
with all rules and regulations required by such funding entity. Applicable funding entity
requirements are set forth in Exhibit D (“Funding Agency Requirements”). Nothing in this
paragraph or in the funding entity requirements shall be construed to relieve Contractor of its duty
to ensure that it is in compliance with all applicable laws and regulations.
Exhibit E (“Special Requirements”) sets forth provisions regarding:
10. Exhibits. All exhibits referred to in this agreement are attached hereto and are by this reference
incorporated herein and made a part of this agreement.
11. Entire agreement.This agreement supersedes any and all agreements, either oral or written,
between the parties with respect to Contractor's completion of the Scope of Work on behalf of City and
contains all of the covenants and agreements between the parties with respect to the rendering of such
services in any manner whatsoever. No amendment, alteration, or variation of the terms of this agreement
shall be valid unless made in writing and signed by the parties hereto.
12.Authority to Execute Agreement.Each individual executing this agreement represents that he or
she is duly authorized to sign and deliver the agreement on behalf of the party indicated and that this
agreement is binding on such party in accordance with its terms. This agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which taken together shall constitute
one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Contractor City of Saratoga
Signature City Manager
Date:
Signer Name
ATTEST:
Signer Title
Date:City Clerk
Contract Description: Date:
APPROVED AS TO FORM:
City Attorney’s Office
Date:
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
Citywide Tree Services for FY23-24
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$200,000 or Less – Exhibit A
Page 1 of 5
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A – Scope of Work and Payment Terms
Contractor shall perform the work described below in strict accordance with all plans, specifications,
and other Contract Documents. The term “Contract Documents” means this agreement, all
documents attached to or otherwise made a part of this agreement, including but not limited to those
identified in this Exhibit A, all certificates of insurance and any bonds required by this agreement,
and Section 9 of the State of California, Department of Transportation Standard Specifications
(2022) which includes procedures for determination of payments, compensation for extra work by
force account, partial payments, and final payments. Where there is a conflict between the
requirements of the several Contract Documents the more stringent requirements shall govern except
with respect to conflicts with provisions in Exhibit A (including the “Scope of Work and Payment
Terms”, attachments to Exhibit A, and any Consultant’s proposal referenced in Exhibit A), in which
case the other Contract Documents shall govern. The contractor shall also invoice the City in
accordance with the payment terms shown below.
Summary of Scope of Work & Payment Terms:
AND/OR See Exhibit(s) A-____incorporated by this reference.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
• Contractor is to provide tree services, including but not limited to; pruning, removals, stump grinding,
cabling, inspection, purchasing, planting, pest and disease mitigation, staking and restoration as directed
by City.
• Service to be provided in accordance with Western Chapter ISA Pruning Standards and appropriate
ANRS.
• Each Project will be supervised by an ISA Certified Arborist.
• Permits will be supplied by the City where necessary and must be available on work site at all times.
• Permit is not necessary in emergency situations if work is approved by City.
• Contractor is responsible for underground service alert procedures and coordination with affected
utilities, remarking, shutdowns, damage etc.
• Contractor is responsible for all traffic control, in accordance with California MUTCD Specifications.
• Contractor is responsible for ensuring public safety and thoroughfare throughout all phases of the
project.
• Pruning is to be done in accordance with Arborist's Report, when provided.
• Work hours and dates must be approved by City before commencement of each project.
• Contractor is responsible for removal of debris and to leave site in a tidy and safe condition,
• Contractor is to be available for emergency tree work at all times, including weeknights and weekends,
when requested by the City.
✔4
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$200,000 or Less – Exhibit A
Page 2 of 5
1. Payment: This contract is a (check one):
Unit Price Contract
Lump Sum Contract
Hourly Rate Contract
Task Based Contract
The payments specified in this paragraph shall be the only payments to be made to Contractor in
connection with Contractor’s completion of the Scope of Work pursuant to this agreement.
Reimbursable expenses shall be billed only at their actual cost. Contractor shall submit all billings to
City and City shall pay such billings in the manner specified in this paragraph. Payment shall be
made payable to Contractor and delivered to the address specified in Section 4 on pages 1 and 2 of
this agreement. The making of any payment by City, or the receipt thereof by the Contractor, shall in
no way lessen the liability of the Contractor to correct or revise unsatisfactory work, even though the
unsatisfactory character of such work may not have been apparent or detected at the time such
payment was made. City may withhold payment to Consultant in any instance in which the
Consultant has failed or refused to satisfy any material obligation provided for in this agreement. In
no event shall City be liable for interest or late charges for any late payments.
1.1 Unit Price. If this contract is designated as a Unit Price Contract, invoicing and
payment shall be as follows:
(a)Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work
performed in accordance with the Unit Prices in the Scope of Work
prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(3) A summary containing the total contract amount, the amount
of prior billings, the total due this period, percentage of work
completed, the remaining balance available for all remaining
billing periods, and a brief description of work completed
during the billing period.
(b)City shall make monthly payments, based on such invoices, for
satisfactory progress in completion of the Scope of Work, less five
percent retention. City shall release the retained funds no less than
thirty five (35) days after the date the City accepts the Work.
1.2 Lump Sum. If this contract is designated as a Lump Sum Contract, Contractor shall
submit a final payment application in the amount of the contract sum upon
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
✔
✔
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$200,000 or Less – Exhibit A
Page 3 of 5
completion of the Work and satisfaction of all conditions of the agreement. City shall
make payment within 30 days of receipt of application, less five percent retention.
City shall release the retained funds no less than thirty five (35) days after the date the
City accepts the Work.
1.3 Hourly Rate or Task Based Contract. If this contract is designated as an Hourly
Rate or Task Based Contract, invoicing and payment shall be as follows:
(a)Contractor shall submit invoices, not more often than once a month
during the term of this agreement, based on the cost for work
performed in accordance with either the hourly rates or task-based
rates in the Scope of Work and authorized reimbursable expenses
incurred prior to the invoice date. Invoices shall contain the following
information:
(1) Serial identifications of bills, i.e., Bill No. 1;
(2) The beginning and ending dates of the billing period;
(b)A summary containing the total contract amount, the amount of prior
billings, the total due this period, percentage of work completed, the
remaining balance available for all remaining billing periods, and a
brief description of work completed during the billing period.
1.4 Additional Payment Terms.
(a)Pursuant to California Public Contract Code Section 22300, for
monies earned by the Contractor and withheld by the City to ensure
the performance of the Contract, the Contractor may, at its option,
choose to substitute securities meeting the requirements of California
Public Contract Code Section 22300.
(b)Contractor agrees to furnish, as a condition of payment, payroll
affidavits, receipts, vouchers, and other documents, in form
satisfactory to City, prior to receipt of any payment. Contractor shall
submit Conditional and Unconditional waivers and release of lien (as
provided in Civil Code Sections 8132 through 8138) on behalf of
itself and suppliers that furnished labor, material, equipment or
services to the Project.
(c)Attention is directed to Section 9 of the State of California,
Department of Transportation Standard (2022) which includes
procedures for determination of payments, compensation for extra
work by force account, partial payments, and final payments. These
provisions are Contract Documents incorporated into this agreement.
Charges from Contractor to City will not be honored or paid by City unless the charges are
authorized and approved by City at the time the work is being performed.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
90
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A
Page 4 of 5
2. Work to be Performed: The Work is described in the documents checked below which are
incorporated into and hereby made a part of this agreement:
Notice Inviting Bids dated _______________________
(It is important to list this as the bid notice date is used to determining the prevailing wage
rates that will apply to the work performed under the contract.)
Proposal dated _______________________
(In addition to description of work, license numbers for contractor and all subcontractors,
and not to exceed amount, for unit price contracts proposal must include unit prices.)
Construction/Maintenance Services General Conditions included as Exhibit A-1.
Contractor Safety Agreement included as Exhibit A-2
City of Saratoga Department of Industrial Relations Reporting information included as
Exhibit A-3.
Plans prepared by ______________________________________, dated _______________.
Specifications as indicated below (check appropriate box):
Technical Specifications prepared by _______________________________________,
dated ___________________.
Caltrans Standard Specifications, 2022 Edition.
Contractor shall furnish all necessary management, supervision, labor, materials, tools, supplies,
equipment, plant, services, engineering, testing and/or any other act or thing required to diligently
and fully perform and complete the work.
3. Contract Time: Contractor shall complete the Work no later than __________________. If
the term “working days” is used here it means any day other than a Saturday, Sunday, or day on
which the City offices are closed in observance of a state or federal holiday; a list of holidays
observed by the City may be obtained from the Primary Representative.
(Indicate specific calendar date for completion. Consider whether interim milestones are
appropriate. If circumstances make it impractical to specify a completion date, calendar or working
days may be used.)
4. Warranty: Contractor warrants to City that all materials and equipment furnished shall be
new, free from faults and defects and of good quality and fit for the purpose intended. Contractor
hereby warrants its work against all deficiencies and defects for the following number of months or
the longest period permitted by the law of this State, whichever is more, or as otherwise provided in
the Contract Documents.
Number of Months Text:
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
✔
✔
✔
na
Twelve
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$200,000 or Less – Exhibit A
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Number of Months Numeric:
5. License Classification: In accordance with Section 3300 of the California Public Contract
Code, the City has determined that the Contractor shall have a License as described below at the time
it submits its bid to the City and at all times it is performing the Work.
License Classification:
6. Liquidated Damages: If Contractor fails to complete the Work within the Contract Time,
the City will sustain damage. The actual occurrence of damages and the actual amount of the
damages which the City would suffer if the Work were not completed within the Contract Time
would be impracticable and extremely difficult to determine. Damages the City would suffer in the
event of delay include, but are not limited to, loss of the use of the Work, costs of administration,
inspection, supervision and the loss suffered by the public within the City.
Accordingly, the parties agree that the amount herein set forth is a reasonable estimate of the
damages which the City shall incur upon failure of the Contractor to complete the Work within the
Contract Time specified below:
Dollars Per Day Written:
Dollars Per Day Numerical:
for each calendar day by which completion of the Work is delayed beyond the Contract Time.
Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not
paid, agrees that the City may deduct the amount thereof from any monies due or that may become
due to the Contractor under the Contract.
Contractor will not be assessed with liquidated damages or the cost of engineering and inspection
during the delay in the completion of the Work caused by acts of God or of the public enemy, fire,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather
or delays of subcontractors due to such causes, provided that the Contractor shall within five (5) days
from the beginning of any such delay notify the Administrator, in writing, of the causes of delay.
The Administrator shall ascertain the facts and the extent of delay, and the Administrator’s findings
thereon shall be final and conclusive.
7. General and Special Conditions: Without limiting the generality of the foregoing,
Contractor shall comply with the following special conditions:
Special Conditions:
West Coast Arborists, Inc.Annual Tree Services FY 23-24
12
C-61 / D-49 Tree Service
Five Hundered
500.00
92
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$200,000 or Less – Exhibit A-1
Page 1 of 6
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-1 – Construction/Maintenance Services General Conditions
The following general conditions apply to all services being provided pursuant to this contract.
1.Warranty and Guarantee.
1.1 Contractor warrants to City that all materials and equipment furnished shall be
new, free from liens, encumbrances, faults and defects, and of good quality and fit
for the purpose intended.
1.2 Contractor warrants and guarantees for the time period defined on page 2 of
Exhibit A, or the longest period permitted by the law of this State, whichever is
greater, or as otherwise provided in the Contract Documents, that the materials
and necessary for the Work shall operate as provided for in the Contract
Documents. During the term of this warranty, Contractor shall, without delay,
provide all materials, parts and labor, at its own expense, which are necessary to
repair and/or correct any and all defects, installation or operational failures in the
materials and equipment from any cause so that said Work will function
successfully as originally contemplated. Notwithstanding the foregoing,
Contractor shall not be required to bear the expense of correction of any failure in
the materials and equipment that is caused by the sole or active negligence or
willful misconduct of the City. Should Contractor fail to act promptly or in
accordance with this requirement, or should the situation require that repairs or
replacements be made before Contractor can be notified, the City may, at its
option, make the necessary repairs or replacements or perform the necessary work
and Contractor shall pay to the City the actual cost of such repairs. Contractor
shall also pay to the City any attorneys’ fees incurred to enforce the obligations
herein.
2. Conduct of the Work. Contractor shall:
2.1 Do all things necessary to faithfully perform and complete the Work in a
competent manner.
2.2 All work shall be performed by experienced personnel directly employed and
supervised by the Contractor. The Contractor shall provide management and
technical supervision daily through competent supervisor as required.
2.3 The Contractor shall be responsible for the skills, methods and actions of all
employees.
2.4 The Contractor shall cooperate to enable the Administrator to determine the
Contractor’s conformity with these specifications and the adequacy of the work
being performed. The Contractor shall give personal daily supervision of the
work and be available for consultation with the Administrator or an engineer or
inspector designated by Administrator.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
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$200,000 or Less – Exhibit A-1
Page 2 of 6
2.5 Submit all required samples, product data, certificates, operations and
maintenance instructions, guarantees, and other submittals no later than five (5)
days after the date the City issues a Notice to Proceed.
2.6 Ensure all necessary permits and approvals for the Work have been obtained.
2.7 Protect all materials to be used in the Work in accordance with the specifications.
2.8 Protect existing facilities and personal property.
2.9 Remove from the project site all debris resulting from performance of the Work
no less often than daily. If Contractor fails to do so, City may, after twenty-four
(24) hours' notice to Contractor, clean up the site and deduct the cost from the
Contract Price.
2.10 For projects scheduled to require more than three (3) days to complete, prepare
and submit a written daily activity report to City for each day on which work is
performed, including weekends and holidays when worked, and submit the
reports to the City no later than the next day that the City is open for business.
The daily reports shall, at a minimum, include the following information:
construction activities and locations, start or completion of activities, progress on
construction activities (including units or portions of work completed), tests or
inspections performed, deliveries of material or equipment, delays or potential
delays, visitors to the site, weather conditions, construction equipment used, and
personal injuries or damage to property.
2.11 Unload, hoist and otherwise handle its own materials, supplies and equipment.
2.12 Keep itself fully informed of all applicable laws including existing and future
state and federal laws and county and municipal ordinances and regulations 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 work, and of all such
orders and decrees of bodies or tribunals having any jurisdiction or authority over
the same.
2.13 Observe and comply with, and cause all of its agents and employees to observe
and comply with, all such applicable laws; and shall protect and indemnify the
City, and all elected officials, officers, employees, and agents thereof connected
with the Work, against any claim or liability arising from or based on the
violation of any such law, ordinance, regulation, order, or decree. If any
discrepancy or inconsistency is discovered in the plans, drawings, specifications,
or contract for the work in relation to any such law, ordinance, regulation, order
or decree, Contractor shall forthwith report the same to the Administrator in
writing.
2.14 Set up, identify, coordinate, provide safe access, and obtain all inspections for its
work, as required by any authorized agency or applicable code, prior to covering
up work.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
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$200,000 or Less – Exhibit A-1
Page 3 of 6
3. Progress of The Work.
3.1 Contractor shall perform all work during the hours of 7:00 a.m. to 6:30 p.m.,
Monday through Friday unless otherwise specified in the Special Provisions or
authorized by the City in writing. If the Contractor wishes to work during any
other hours or on weekends, written permission must be received from the City.
The request must be received at least two (2) working days in advance of any
work. No work will be allowed on legal holidays except in the case of an
emergency. A listing of holidays observed by City is on file in the office of the
Administrator. If Contractor requests overtime work in which the City will incur
costs, Contractor shall be responsible for payment of the City’s costs incurred in
connection with the overtime work. The City will invoice the Contractor at time
and one half to cover the costs incurred. If Contractor does not pay the invoice
within ten days, the City may deduct the amount billed from other payments due
or to become due to Contractor under the Contract.
3.2 The Administrator or Administrator’s designee shall have the authority to suspend
the Work, wholly or in part, for such a period as the Administrator may deem
necessary.
4. Changes in Work.
4.1 Contractor shall make no changes in the Work without written direction from the
City. Contractor shall not be compensated for any change made without any such
written direction. No changes in the Work covered by this agreement shall
exonerate any surety or any bond given in connection with this agreement.
4.2 If the City directs the Contractor in writing to make changes in the Work that
materially affect the cost of performing the Work, the Contract Price will be
adjusted based on one of the following:
(a)Where the work involved is covered by unit prices contained in the
Contract Documents, by application of unit prices to the quantities
involved in the changed Work;
(b)By establishment of new unit prices and related quantities for the
changed Work;
(c)By a combination of existing and new unit prices and related
quantities for the changed Work;
(d)By mutual acceptance of a lump sum.
4.3 If the City directs the Contractor in writing to make changes in the Work that
Contractor demonstrates materially affect the time required to perform the work,
the City will make a reasonable adjustment to the Contract Time.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
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$200,000 or Less – Exhibit A-1
Page 4 of 6
5. Inspection and Protection of Work.
5.1 Contractor shall make the Work accessible at all reasonable times for inspection
by the City. Contractor shall, at the first opportunity, inspect all material and
equipment delivered to the jobsite by others to be used or incorporated in the
Contractor's work and give prompt notice of any defect therein. Contractor
assumes full responsibility to protect the work done hereunder until final
acceptance by the City.
5.2 When the Work is completed, Contractor shall request, in writing, a final
inspection. Within ten (10) days of the receipt of such request, the City shall
make a final inspection. The Contractor or its representatives may be present at
the final inspection. The purpose of such final inspection shall be to determine
whether the Work has been completed in accordance with the Contract
Documents, including all change orders and all interpretations and instructions
previously issued.
6. Utility Facilities.
6.1 The Contractor shall protect from damage any utility facilities that are to remain
in place, be installed, relocated or otherwise rearranged.
6.2 Attention is directed to the possible existence of underground facilities not known
to the City, or in a location different from that which is shown on the plans or in
the Special Provisions. The Contractor shall take all steps reasonably necessary
to ascertain the exact location of all underground facilities prior to doing work
that may damage such facilities or interfere with their service, including but not
limited to calling USA utility locator service to mark utilities.
6.3 If Contractor while performing the Work discovers utility facilities not identified
in the Contract Documents, Contractor shall immediately notify the City and the
utility provider. City shall arrange the removal, relocation, or protection of
existing main or trunk line utility facilities located at the site of the Work but not
identified in the Contract.
6.4 If the Contractor is required to locate, repair damage not due to the Contractor’s
failure to exercise reasonable care, and remove or relocate existing main or trunk
line utility facilities, it shall be compensated under the Changes in Work section
of this Contract, including payment for equipment on the Project necessarily idled
during such work.
6.5 Contractor will not be entitled to damages or additional payment for delays
caused solely by the failure of City, or the utility provider, to provide for removal
or relocation of existing main or trunk line utility facilities not identified in the
Contract Documents, except for equipment necessarily idled during such work.
6.6 Contractor shall not be assessed liquidated damages for delay in completing the
Work solely attributable to the failure of City, or the owner of the utility, to
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
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$200,000 or Less – Exhibit A-1
Page 5 of 6
provide for removal or relocation of existing main or trunk line utility facilities
not indicated in the Contract Documents with reasonable accuracy.
6.7 The right is reserved by the City and its authorized agents, to enter the job for the
purpose of making such changes as are necessary for the rearrangement of its
facilities or for making necessary connections or repairs to their properties. The
Contractor shall cooperate with forces engaged in such work and shall conduct
operations in such a manner as to avoid any delay or hindrance to the work being
performed by such other forces.
7. Differing Site Conditions.
7.1 The Contractor shall promptly, and before the following conditions are disturbed,
notify the City in writing of any:
(a)Material that the Contractor believes may be hazardous waste, as
defined in Section 25117 of the California Health and Safety Code,
that is required to be removed to a Class I, Class II, or Class III
disposal site in accordance with provisions of existing law;
(b)Subsurface or latent physical conditions at the site differing
materially from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or
(c)Unknown physical conditions at the site of any unusual nature,
differing materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided
for in this Contract.
7.2 The City shall promptly investigate the conditions, and if it finds that such
conditions do materially so differ, or do involve hazardous waste, and cause an
increase or decrease in the Contractor's cost of, or the time required for,
performance of any part of the Work, it shall issue a change order under the
provisions described in the Contract Documents.
7.3 No claim of the Contractor under this Section 7 shall be allowed unless the
Contractor has given the notice required in the Contract Documents.
7.4 In the event a dispute arises between the City and the Contractor as to whether the
conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the Contractor's cost of, or time required for, performance of any part
of the work, Contractor shall not be excused from completing the Work. The
Contractor shall proceed with all work to be performed under the Contract. The
Contractor shall retain any and all rights provided either by this Contract or by
law which pertain to the resolution of disputes and protests.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
97
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-1
Page 6 of 6
8. Cooperation and Care.
8.1 Should construction be under way by the City, other agencies or other contractors
within or adjacent to the limits of the work specified or should work of any other
nature be under way by other forces within or adjacent to said limits, the
Contractor shall cooperate with all such other contractors or other forces to the
end that any delay or hindrance to their work will be avoided. The City reserves
the right to perform other or additional work at or near the site (including material
sources) at any time, by the use of other forces.
8.2 Until the final acceptance of the work, the Contractor shall have the charge and
care of the Work and of the materials to be used therein, including materials for
which partial payment has been received. The City shall not be held responsible
for the care or protection of any material or parts of the Work prior to final
acceptance, except as expressly provided in the Special Provisions.
9. Time.Time is of the essence of this agreement. Contractor shall provide City with
scheduling information in a form acceptable to City, including any changes made by City
in the scheduling of work. Contractor shall coordinate its work with that of all other
contractors, subcontractors and suppliers so as not to delay or damage their performance.
It is further agreed that in case Contractor fails to complete the Work in all parts and
requirements within the Contract Time set forth in Exhibit A, the City shall have the right
to extend the Contract Time or not, as may seem best to serve the interest of the City; and
if it decides to extend the Contract Time, City shall further have the right to charge to the
Contractor, its heirs, assigns or sureties, and to deduct from the payment for the Work, all
or any part, as it may deem proper, of the actual cost of engineering, inspection,
superintendence, and other overhead expenses which are directly chargeable to the
Contract, and which accrue during the period of such extension. In the event that
Contractor's work is delayed for any reason, including acts of City, Contractor's sole
remedy shall be an extension of time equal to the period of delay, provided Contractor
has given City written notice of the commencement of delay within 48 hours of its
occurrence. If the City accepts any work or makes any payment under this agreement
after a default by reason of delays, the payment or payments shall in no respect constitute
a waiver or modification of any agreement provisions regarding time of completion and
liquidated damages.
-End of Exhibit A-1
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
98
Contractor:Name:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-2
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-2 – City of Saratoga Contractor Safety Assurances
The City of Saratoga requires that all work done on City property or otherwise on behalf of the City is
performed in accordance with the State’s environmental health and safety laws, codes and regulations. To
this end, please initial and check the following form in the appropriate boxes. Failure to do so may affect
your contract with the City of Saratoga. For the purposes of this document, you are referred to as
“Contractor.” This checklist must be updated annually or anytime changes occur. Contractor will provide
the City with any documents referenced below within 24 hours of the request.
Safety Measures 1 and 2 are required.
SAFETY MEASURE
1. A. Contractor has either a written Injury and Illness Prevention Plan compliant with 8CCR3203, OR
B. Contractor has fewer than 10 employees, but agrees all work will be performed in compliance with all
laws, codes, regulations and best standard practices to protect personnel, the environment, and property.
2. Contractor will provide the City of Saratoga a copy of their accident investigation report within 24 hours for
each accident that occurs during the performance of the contract.
Please respond YES, NO, or N/A for each item on the list. YES NO N/A
3. Contractor has and can provide the City of Saratoga with a copy of their Hazard
Communication program if their employees will be using any chemicals on the
job.
4. Contractor will provide the City of Saratoga a copy of the SDS (Safety Data
Sheet) for each chemical brought onto the site.
5. Contractor has and can provide the City of Saratoga a copy of the Hazardous
Waste disposal plan for any hazardous wastes generated during the job.
6. Contractor has and can provide the City of Saratoga a copy of their
Lockout/Tagout program if any work is to be done on any sources of hazardous
energy.
7. Contractor has and can provide the City of Saratoga a copy of their Electrical
Safety program if any electrical work is to be performed.
8. Contractor has and can provide the City of Saratoga a copy of their Fall
Protection program if any work is to be performed that would require it.
9. Contractor has and can provide the City of Saratoga a copy of the Confined
Space program if any confined spaces are to be entered.
10. Contractor has and can provide the City of Saratoga a copy of their Heat Stress
training certifications for employees if those employees occasionally work
outdoors for two or more hours/day.
Contractor:
____________________________________________________
(print company name) hereby certifies that the foregoing is true and correct.
Contractor Signature Above Primary Representative Acceptance Above
Print Name & Title & Date Above Print Name & Title & Date Above
-End of Exhibit A-2-
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
West Coast Arborists, Inc.
Rick Torres and Shawn Gardner
99
Contractor:Name:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit A-3
Page 1 of 1
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit A-3 – City of Saratoga Department of Industrial Relations Reporting
The City of Saratoga has the obligation to report this contract to the Department of Industrial
Relations (DIR) and provide various information including that specified below. For the
purposes of this document, you are referred to as “Contractor.” Upon completion of this form,
send it to your Contract Administrator at the City of Saratoga. The City will not approve this
contract until this form has been completed.
Contractor Name:
Contractor DIR #:
(Contractor shall maintain an active DIR registration for the Term of this agreement)
Classification(s) or type(s) of workers that will be employed by the Contractor for this project:
Asbestos Boilermaker Bricklayers Carpenters
Carpet/Linoleum Cement Masons Drywall Finisher Drywall/Lathers
Electricians Elevator Mechanic Glaziers Iron Workers
Laborers Millwrights Operating Eng.Painters
Pile Drivers Pipe Trades Plasterers Roofers
Sheet Metal Sound/Comm.Surveyors Teamster
Tile Workers
Subcontractor: Contractor’s License
Number:
DIR Number: Worker Classifications:
I certify that the information set forth above is correct and that I am authorized to provide this
information on behalf of the Contractor named in the first line above.
Signature Date:
Print Name & Title
-End of Exhibit A-3-
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
West Coast Arborists, Inc.
1000000956
100
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Contractor: West Coast Arborists, Inc. Project: Annual Tree Services FY 23-24
Exhibit A-4 101
Contractor: West Coast Arborists, Inc. Project: Annual Tree Services FY 23-24
Exhibit A-4 102
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 1 of 4
City of Saratoga Public Works/Construction Contract for Project of $200,000 or Less
Exhibit B – Insurance
The insurance requirements listed below that have an “9” indicated in the space before the
requirement apply to this agreement together with the general requirements for the duration of the
contract, and until the expiration of the warranty period following the final completion and
acceptance by the City.
Modifications to the below requirements are shown in Exhibit E (“Special Requirements”).
Contractor shall provide its insurance broker(s)/agent(s) with a copy of these requirements and
request that they provide certificates of insurance complete with copies of all required endorsements
to the Primary Representative listed in Section 4 on page 2. During the term of this agreement and
until the expiration of the warranty period Contractor shall ensure that its broker(s)/agent(s) provide
Primary Representative with updated certificates of insurance reflecting continued satisfaction of the
requirements of this agreement together with updated endorsements in the event of a change in the
underlying insurance policy(ies), with copies emailed to cityhall@saratoga.ca.us.
All endorsements shall be signed by a person authorized by that insurer to bind coverage on its
behalf. City has the right to require Contractor’s insurer to provide complete, certified copies of all
required insurance policies. As described in more detail below, the City, its officers, officials,
employees, agents, and volunteers are to be covered as insureds.
All certificates and endorsements must be received and approved by City before work commences.
Insurance Requirements
Commercial General Liability Insurance with coverage at least as broad as indicated:
Commercial General Liability Insurance covering commercial general liability on an
“occurrence” basis, including products and completed operations, property damage,
bodily injury, personal injury, and advertising injury with coverage minimum limits of
$2,000,000 per occurrence
$_________________ per occurrence
If a general aggregate limit applies, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
Completed operations coverage. If this box is checked Contractor shall maintain
insurance as required by this contract to the fullest amount allowed by law and shall
maintain insurance for a minimum of five years following the completion of this
project. In the event contractor fails to obtain or maintain completed operations
coverage as required by this agreement, the City at its sole discretion may purchase the
coverage required and the cost will be paid by Contractor.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
✔
✔
103
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 2 of 4
Auto Liability Insurance using ISO Form Number CA 0001 (or equivalent) covering any auto, or
if Contractor has no owned autos, then hired autos and non-owned autos, with minimum limits of
$1,000,000 per accident for bodily injury and property damage
$2,000,000 per accident for bodily injury and property damage
Professional/Errors and Omissions Liability (“E&O”)with coverage as indicated
$1,000,000 per loss/ $1,000,000 aggregate
$2,000,000 per loss/ $2,000,000 aggregate
Workers' Compensation as required by the State of California, with statutory limits, and
Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for
bodily injury or disease. Contractor shall submit to City a waiver of subrogation
endorsement in favor of City, its officers, officials, agents, employees, and volunteers. If
Contractor is not required to maintain Workers’ Compensation Insurance pursuant to State
law, Contractor shall file a verification of that fact with the Primary Representative.
Contractor shall purchase and maintain "All Risk or Special Form" Builder's Risk
Insurance on a replacement cost basis in an amount equal to the full replacement cost of the
Work on a completed value basis, including coverage for ‘soft costs’ such as design,
engineering, and construction management fees. The builder's risk insurance shall cover all
risks of loss, including but not limited to fire; lightning; windstorm; hail, explosion; riot; riot
attending a strike; civil commotion; smoke damage; damage by aircraft or vehicles;
vandalism and malicious mischief; theft; collapse; flood; and earthquake. This insurance
shall include coverage including, but not limited to all damages or loss to the Work; to
appurtenances; to materials and equipment to be used on the Project while the same are in
transit or stored on or off the project site; and/or to construction plant and temporary
structures. Builder’s Risk Insurance policies shall name the City as loss payee, waive all
rights of subrogation against City, have a deductible not to exceed $5,000, and provide City
the right to occupy the premises without termination of the policy until acceptance of the
Work.
All subcontractors used must comply with the above requirements except as noted below:
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
✔
✔
104
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 3 of 4
General Requirements
As to all of the checked insurance requirements above, the following shall apply:
1. Additional Insured Status and Primary Coverage. Contractor shall submit to City an
additional insured endorsement for its Commercial General Liability policy with coverage at
least as broad as ISO form CG 20 10 for ongoing operations, and coverage at least as broad as
ISO Form CG 20 37 for completed operations. For Auto Liability, the policy shall contain, or be
endorsed to contain, additional insured coverage for the City, its officers, officials, employees, agents
and volunteers. Any available insurance proceeds broader than or in excess of the minimum
insurance coverage requirements and/or limits specified in this agreement shall be available to the
additional insured. The requirements for coverage and limits shall be (1) the minimum coverage and
limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of
any insurance policy or proceeds available to the named insured; whichever is greater. The
additional insured coverage under Contractor’s policy shall be ''primary and non-contributory" and
will not seek contribution from the City’s insurance or self-insurance and shall be at least as broad as
ISO Form CG 20 01 04 13 and CG 20 38 04 13. This requirement does not apply to errors and
omissions insurance. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
2. Separation of Insureds.The Contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either (1) the insurer shall reduce
or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and
employees; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
4. Umbrella or Excess Insurance.The limits of insurance required in this agreement may be
satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or 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 (if agreed to in a written contract or
agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a
named insured.
5. Waiver of Subrogation. Contractor hereby grants to City a waiver of any right to
subrogation which any insurer of Contractor may acquire against City by virtue of the payment of
any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to
effect this waiver of subrogation, but this provision applies regardless of whether City has received a
waiver of subrogation endorsement from the insurer.
6. Verification of Coverage. Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this Exhibit. All certificates and
endorsements are to be received and approved by the City before work commences. The City
reserves the right to require at any time complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications and failure to exercise
this right shall not constitute a waiver of any of City’s rights pursuant to this agreement.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
105
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit B
Page 4 of 4
7. Maintenance of Coverage. Contractor shall not cancel, assign, or change any policy of
insurance required by this agreement or engage in any act or omission that will cause its insurer to
cancel any insurance policy required by this agreement except after providing 30 days prior notice to
the City. Each insurance policy required above shall state that coverage shall not be canceled, except
with notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or
changed by the insurer, Contractor shall immediately provide written notice to the City and obtain
substitute insurance meeting the requirements of this agreement. Nothing in this paragraph relieves
Contractor of its obligation to maintain all insurance required by this agreement at all times during
the term of the agreement.
8. Claims Made Policies. If any of the required policies provide claims-made coverage, the
coverage shall be maintained for a period of five years after completion of the contract. Contractor
may satisfy this requirement by renewal of existing coverage or purchase of either prior acts or tail
coverage applicable to said five-year period.
9. Acceptability of Insurers. The policy or policies required by this agreement shall be issued
by insurers admitted in the State of California and with a rating of at least A:VII in the latest edition
of Best’s Insurance Guide.
10. Subcontractors. Contractor agrees to include with all subcontractors in their subcontract the
same requirements and provisions of this agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired
by Contractor shall agree to be bound to Contractor and City in the same manner and to the same
extent as Contractor is bound to the City under this agreement. Subcontractors shall further agree to
include these same provisions with any sub-subcontractor. Contractor shall provide subcontractor
with a copy of the indemnity and insurance provisions of this agreement as a part of Contractor’s
subcontract with subcontractor. Contractor shall require all subcontractors to provide a valid
certificate of insurance and the required endorsements included in the agreement prior to
commencement of any work and will provide proof of compliance to the City.
11. Special Risks or Circumstances. City reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special
circumstances.
-End of Exhibit B-
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
106
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 1 of 11
City of Saratoga Construction/Maintenance Contract for Project of $200,000 or Less
Exhibit C – General Provisions
1. INDEPENDENT CONTRACTOR. City requires the services of a qualified contractor
to provide the work product described in Exhibit A (“Scope of Work and Payment
Terms”) because it lacks the qualified personnel to provide the specified work product.
Contractor is qualified to provide the required work product and is agreeable to providing
such work product on the terms and conditions in this agreement.
1.1 In General. At all times during the term of this agreement, Contractor shall be an
independent contractor and shall not be an employee of City. Contractor shall
complete the Scope of Work hereunder in accordance with currently approved
methods and practices in Contractor's field. No relationship of employer and
employee is created by this agreement between the City and Contractor or any
subcontractor or employee of Contractor. City shall have the right to control
Contractor only with respect to specifying the results to be obtained from
Contractor pursuant to this agreement. City shall not have the right to control the
means by which Contractor accomplishes services rendered pursuant to this
agreement. Any terms in this agreement referring to direction from City shall be
construed as providing for direction as to policy and the result of the Contractor’s
work only, and not as to the means by which such a result is obtained.
1.2 Non-Exclusive Contract. Nothing contained in this agreement shall be
construed as limiting the right of Contractor to engage in Contractor's profession
separate and apart from this agreement so long as such activities do not interfere
or conflict with the performance by Contractor of the obligations set forth in this
agreement. Interference or conflict will be determined at the sole discretion of the
City.
1.3 Standard of Care. Contractor shall complete the Work required pursuant to this
agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Contractor is engaged in the geographical
area in which Contractor practices its profession. All work product of whatsoever
nature which Contractor delivers to City pursuant to this agreement shall be
prepared in a substantial, first class and workmanlike manner and conform to the
standards of quality normally observed by a person practicing in Contractor’s
profession.
1.4 Qualifications. Contractor represents and warrants to City that the Contractor is
qualified to perform the services as contemplated by this agreement and that all
work performed under this agreement shall be performed only by personnel under
the supervision of the Contractor as an employee or, if authorized by the Scope of
Work, a subcontractor. All personnel engaged in the work shall be fully qualified
and shall be authorized, licensed and certified under state and local law to perform
such work if authorization, licensing or certification is required. The Contractor
shall commit adequate resources and time to complete the project within the
project schedule specified in this agreement.
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
107
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 2 of 11
1.5 Use of City Equipment.City shall not be responsible for any damage to persons
or property as a result of the use, misuse or failure of any equipment used by
Contractor, or by any of its employees, even though such equipment be furnished,
rented or loaned to Contractor by City.
1.6 Payment of Taxes and Other Expenses. Should City, in its discretion, or a
relevant taxing authority, including, but not limited to the Internal Revenue
Service or the State Employment Development Division, determine that the
Contractor is an employee for purposes of collection of any employment taxes,
the amounts payable under this agreement shall be reduced by amounts equal to
both the employee and employer portions of the tax due (and offsetting any
credits for amounts already paid by the Contractor which can be applied against
this liability). City shall then forward those amounts to the relevant taxing
authority. Should a relevant taxing authority determine a liability for past
services performed by the Contractor for City, upon notification of such fact by
the City, the Contractor shall promptly remit such amount due or arrange with the
City to have the amount due withheld from future payments to the Contractor
under this agreement (again, offsetting any amounts already paid by the
Contractor which can be applied as a credit against such liability). Any
determination of employment status above shall be solely for the purposes of the
particular tax in question, and for all other purposes of this agreement, The
Contractor shall not be considered an employee of City. Notwithstanding the
foregoing, should any court, arbitrator, or administrative authority determine that
the Contractor is an employee for any other purpose, then the Contractor agrees to
a reduction in the City's financial liability so that the City's total expenses under
this agreement are not greater than they would have been had the court, arbitrator,
or administrative authority determined that the Contractor was not an employee.
2. COMMUNICATION AND NOTICES.
2.1 Communications with Designated Administrator. The City’s Administrator
designated in section 4 on page 2 of this agreement is authorized to receive
information, interpret and define City's policies consistent with this agreement,
and communicate with Contractor concerning this agreement. All correspondence
and other communications shall be directed to or through the Administrator or the
Administrator’s designee.
2.2 Communications and Notices on Compliance with Agreement.All notices or
communication concerning a party's compliance with the terms of this agreement
shall be in writing and may be given either personally, by certified mail, return
receipt requested, or by overnight express carrier. The notice shall be deemed to
have been given and received on the date delivered in person or the date upon
which the postal authority or overnight express carrier indicates that the mailing
was delivered to the address of the receiving party. The parties shall make good
faith efforts to provide advance courtesy notice of any notices or communications
hereunder via e-mail. However, under no circumstances shall such courtesy notice
satisfy the notice requirements set forth above; nor shall lack of such courtesy
West Coast Arborists, Inc.
Annual Tree Services FY 23-24
108
Contractor:Project:
Rev. 5/2023 City of Saratoga Construction/Maintenance Contract
$200,000 or Less – Exhibit C
Page 3 of 11
notice affect the validity of service pursuant to the notice requirement set forth
above.
3. PREVAILING WAGE.
3.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California
Labor Code (Sections 1720 and following), and Contractor and any subcontractor
shall pay not less than the prevailing rates of wage as determined by the
California Department of Industrial Relations (“DIR”) to all workers employed in
performance of the Work. Pursuant to the provisions of Section 1770 of the
California Labor Code, the City has obtained the general prevailing rate of wages
and employer payments for health and welfare, vacation, pension and similar
purposes in the vicinity of the Work, a copy of which is on file in the office of the
City, and shall be made available for viewing to any interested party upon request.
Full compensation for conforming to the requirements of this section 3 shall be
deemed included in the prices paid for the various contract items of work, and no
separate payment will be made therefor. In accordance with Section 1815 of the
California Labor Code, Contractor and all subcontractors shall pay all workers
employed on this project 1 ½ times the basic rate of pay for work performed in
excess of specified hour limitations.
3.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid
proposal, subject to the requirements of section 4104 of the California Labor
Code, and 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 California Labor Code unless otherwise noted in supplemental
provisions hereto. Contractor shall not enter into a subcontract without proof that
the subcontractor is registered with DIR and qualified to perform public work
pursuant to Section 1725.5 of the California Labor Code. Contractor shall provide
DIR registration numbers to the City for all subcontractors pursuant to Section
1725.5.
3.3 Contractor shall post at the job site the determination of the director of the
prevailing rate of per diem wages together with all job site notices that are
required by regulations of the DIR.
3.4 This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations. Contractor and any subcontractors shall keep
accurate payroll records, in accordance with Section 1776 of the California Labor
Code, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per
diem wages paid to each journeyman, apprentice, worker, or other employee
employed by Contractor or subcontractor in connection with the Work and shall
furnish the records specified in California Labor Code section 1776 directly to the
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Labor Commissioner at least monthly in a format prescribed by the Labor
Commissioner and otherwise in accordance with law.
4. LABOR
4.1 The Contractor or subcontractor shall, as a penalty to City, forfeit twenty-five
dollars ($25) for each worker employed in the execution of the contract by the
respective contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than 8 hours in any one calendar
day and 40 hours in any one calendar week in violation of the provisions of this
article.
4.2 Contractor’s attention is directed to the provisions in Sections 1777.5 and 1777.6
of the California 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.
4.3 As required by Labor Code Section 1861, by signing this agreement 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 worker’s
compensation or to undertake self-insurance in accordance with the
provisions before commencing the performance of the work of this
contract.”
4.4 Contractor’s attention is directed to provisions in Sections 1775 and 1813 of the
California Labor Code. In accordance with Section 1775 of the California Labor
Code, Contractor and its subcontractors may be subject to penalties for
Contractor’s and subcontractors’ failure to pay prevailing wage rates. In
accordance with Section 1813 of the California Labor Code, 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 of specified hour limitations.
4.5 In connection with the performance of the Work under this contract, Contractor
will not because of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic information,
marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status of any person, to refuse to hire or
employ the person or to refuse to select the person for a training program leading
to employment, or to bar or to discharge the person from employment or from a
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training program leading to employment, or to discriminate against the person in
compensation or in terms, conditions, or privileges of employment, unless based
upon a bona fide occupational qualification or applicable security regulations
established by the United States or the State of California, or as otherwise
provided in section 12940 of the Government Code. As provided in Labor Code
section 1735, a violation of this provision is subject to all penalties imposed for a
violation of Division, 2, Part 7, Chapter 1 of the Labor Code including the
monetary penalties provided in Labor Code section 1775.
5. LICENSE REQUIREMENT.Contractor’s attention is directed to California Business
and Professions Code Sections 7000 et seq. concerning the licensing of contractors. At
the time Contractor submits its bid to the City and all times Contractor is performing the
Work, Contractor shall have a valid license issued by the Contractors State License Board
in the classification stated in the Special Provisions. Contractor and all subcontractors
shall be licensed in accordance with the laws of this State and any contractor or
subcontractor not so licensed is subject to penalties imposed by such laws.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT
OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE
FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION.
ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED
TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O.
BOX 26000, SACRAMENTO, CALIFORNIA 95826.
6. CONTRACTOR NOT AGENT. Except as City may specify in writing, Contractor
shall have no authority, express or implied, to act on behalf of City in any capacity
whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant
to this agreement to bind City to any obligation whatsoever.
7. BENEFITS AND TAXES. Contractor shall not have any claim under this agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time
off, overtime, health insurance, medical care, hospital care, insurance benefits, social
security, disability, unemployment, workers compensation or employee benefits of any
kind. Contractor shall be solely liable for and obligated to pay directly all applicable
taxes, including, but not limited to, federal and state income taxes, and in connection
therewith Contractor shall indemnify and hold City harmless from any and all liability
that City may incur because of Contractor's failure to pay such taxes. City shall have no
obligation whatsoever to pay or withhold any taxes on behalf of Contractor.
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8. ASSIGNMENT AND SUBCONTRACTING.
8.1 Contractor shall conform to the requirements of Section 4100 through 4113 of the
California Public Contract Code, the Subletting and Subcontracting Fair Practices
Act.
8.2 Contractor shall give personal attention to the performance of the Contract and
shall keep the Work under its control.
8.3 For the purposes of administering this agreement no subcontractors will be
recognized by the City as such, and all persons engaged in the work of
construction will be considered by the City as employees of the Contractor, who
will be held responsible for their work which shall be subject to the provisions of
the Contract and specifications.
8.4 No subcontractor who is ineligible to bid work on, or be awarded, a public works
project under California Labor Code Sections 1771.1 or 1777.7 can bid on, be
awarded or perform work as a subcontractor on the Project. The Contractor is
prohibited from performing work on the Project with a subcontractor who is
ineligible to perform work on a public works project under these sections of the
California Labor Code.
8.5 When a portion of the work which has been subcontracted by the Contractor is not
being prosecuted in a manner satisfactory to the City, the subcontractor shall be
removed immediately on the request of the City and shall not again be employed
on the work.
8.6 Contractor may not assign performance of the Contract except upon written
consent of the City.
8.7 Contractor shall require all subcontractors to comply with the terms of this
Contract.
9. TERMINATION.
9.1 Should Contractor fail within five (5) working days from receipt of City's written
notice to correct any contractual deficiencies, including but not limited to failure
to perform the Work in accordance with the Contract Documents, failure to
comply with the directions of City, or failure to pay its creditors, City may
terminate this agreement for default. Following a termination for default, City
shall have the right to take whatever steps it deems necessary to correct and
complete the work and charge the cost thereof to Contractor, who shall be liable
for the full cost of City's corrective action, including reasonable overhead,
administrative costs, and attorneys' fees.
9.2 City may at any time terminate the Contract at City's convenience upon five days
written notice to Contractor; in the event of termination for convenience,
Contractor shall recover only the amount due under the contract for Work
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completed to the date of termination in accordance with the Contract Documents,
less amounts paid to date. Contractor shall not be entitled to any claim or lien
against City for any additional compensation or damages in the event of such
termination.
9.3 If City terminates Contractor for cause, and if it is later determined that the
termination was wrongful, such default termination shall automatically be
converted to and treated as a termination for convenience. In such event,
Contractor shall be entitled to receive only the amounts payable under this
section, and Contractor specifically waives any claim for any other amounts or
damages, including, but not limited to, any claim for consequential damages or
lost profits.
9.4 Failure by City to seek any remedy for any default hereunder shall not constitute a
waiver of any other rights hereunder or any right to seek any remedy for any
subsequent default.
10. CONFLICT OF INTEREST
10.1 In General. Contractor represents and warrants that it presently has no interest,
and will not acquire any direct or indirect interest, that would conflict with its
performance of this agreement. Contractor shall not employ or subcontract with a
person having such an interest in the performance of this agreement.
10.2 Subsequent Conflict of Interest.Contractor agrees that if an actual or potential
conflict of interest on the part of Contractor is discovered after award, the
Contractor will make a full disclosure in writing to the City. This disclosure shall
include a description of actions, which the Contractor has taken or proposes to
take, after consultation with the City to avoid, mitigate, or neutralize the actual or
potential conflict. Within 45 days, the Contractor shall have taken all necessary
steps to avoid, mitigate, or neutralize the conflict of interest to the satisfaction of
the City.
10.3 Interests of City Officers and Staff.No officer, member or employee of City
and no member of the City Council shall have any pecuniary interest, direct or
indirect, in this agreement or the proceeds thereof. Neither Contractor nor any
member of any Contractor’s family shall serve on any City board or committee or
hold any such position which either by rule, practice or action nominates,
recommends, or supervises Contractor's performance of the Scope of Work or
authorizes funding to Contractor.
11. HOLD HARMLESS AND INDEMNIFICATION
11.1 The City of Saratoga and all officers, employees, and agents thereof connected
with the Work, shall not be answerable or accountable in any manner for any loss
or damage that may happen to the Work or any part thereof; for any loss or
damage to any of the materials or other things used or employed in performing the
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Work; for injury to or death of any person; or for damage to property from any
cause except losses due to sole or active negligence of the City's officers or
employees.
11.2 To the fullest extent allowed by law, Contractor shall defend, indemnify and hold
harmless the City, its elected and appointed officials, employees and agents, from
all liability, penalties, costs, losses, damages, expenses, causes of action, claims or
judgments, including attorney's fees and other defense costs, resulting from injury
to or death sustained by any person (including Contractor's employees and
subcontractors), or damage to property of any kind, or any other injury or damage
whatsoever, which injury, death or damage arises out of or is in any way
connected with the performance of the Work, regardless of the Contractor’s fault
or negligence, including any of the same resulting from City’s alleged or actual
negligent act or omission, or that of its agents, contractors or employees; except
that said indemnity shall not be applicable to injury, death or damage to property
arising from the sole or active negligence or willful misconduct of City, its
constituent entities, its and their officers, agents, or servants who are directly
responsible to City. This indemnification shall extend to claims asserted after
termination of this Contract for whatever reason. In instances where the City’s
active negligence accounts for only a percentage of the liability involved, the
obligation of Contractor will be for that entire portion of the percentage of
liability not attributable to the active negligence of the City.
11.3 Contractor shall be obligated to immediately defend, with counsel approved by
the City, any suit or action brought against the City, its elected and appointed
officials, employees and agents, founded upon any claim of injury to or death
sustained by any person (including Contractor’s employees and subcontractors),
or damage to property of any kind, or any other injury or damage whatsoever,
which injury, death or damage arises out of or is in any way connected with the
performance of the Work, whether or not liability is established. This
indemnification and duty to defend shall extend to claims asserted after
termination of this Contract for whatever reason.
11.4 In addition to any remedy authorized by law, as much of the money due the
Contractor under and by virtue of the contract as shall be considered necessary by
the City, may be retained by the City until disposition has been made of such suits
or claims for damage.
11.5 The City and Contractor shall timely notify each other of the receipt of any third-
party claim relating to the Contract.
12. CLAIMS. Section 9204 of the Public Contract Code prescribes a process for negotiation
and mediation to resolve disputes on public works Claims. Sections 20104 et seq., of the
California Public Contract Code prescribe a process using informal conferences, non-
binding judicial supervised mediation, and judicial arbitration to resolve disputes on
construction claims of $375,000 or less. These sections shall govern public works Claims
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arising from this agreement after a change order duly requested has been denied by the
City. The following provisions and procedures shall apply to claims under Section 9204:
12.1 For the purposes of this section, the term “Claim”, “Contractor”, “Mediation”,
“Public Entity” “Public works project” and “Subcontractor” shall have the
meaning provided for in Public Contract Code Section 9204.
12.2 Contractor shall submit each Claim (whether for a time extension, payment for
money or damages) in writing and in compliance with Public Contract Code
Section 9204. Contractor must include reasonable documentation to support each
Claim.
12.3 Upon receipt of a Claim, the City shall conduct a reasonable review and respond
in writing within 45 days of receipt and shall identify in a written statement what
portions of the claim are disputed and undisputed. Undisputed portions of the
Claim shall be processed and paid within 60 days of the written statement.
Undisputed amounts not paid in a timely manner shall bear interest at 7% per
annum. The City and Contractor may mutually agree to extend the 45 day
response time.
12.4 If the City needs approval from the City Council to provide a written statement
identifying the disputed portion and the undisputed portion of the claim, the 45
day response time or the mutually agreed on response time may be extended to 3
days following the next duly noticed public meeting.
12.5 If the City fails to timely respond to a Claim or if Contractor disputes the City’s
response, Contractor may submit a written demand for an informal meet and
confer conference with the City to settle the issues in dispute. The demand must
be sent via registered or certified mail, return receipt requested. Upon receipt, the
City shall schedule the conference within 30 days.
12.6 Within 10 business days following the informal meet and confer conference, the
City shall submit to Contractor a written statement describing any issues
remaining in dispute and that portion which is undisputed. Undisputed portions of
the Claim shall be process and paid within 60 days of the written statement.
Undisputed amounts not paid in a timely manner shall bear interest at 7% per
annum. The issues remaining in dispute shall be submitted to non-binding
mediation. If the City and Contractor mutually agree on a mediator, each party
shall pay equal portions of all associated costs. If within 10 business days, the
City and Contractor cannot agree on a mediator, each party shall select a mediator
(paying all costs associated with their selected mediator), and those mediators
shall select a qualified neutral third party to mediate the disputed issues. The City
and Contractor shall pay equal portions of all associated costs of such third party
mediator.
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12.7 Unless otherwise agreed by the City and Contractor, any mediation conducted
hereunder shall excuse any further obligation under Public Contract Code Section
20104.4 to mediate after litigation has commenced.
12.8 The City reserves all rights and remedies that it has pursuant to the Construction
Contract, plans and specifications, at law or in equity which are not in conflict
with Public Contract Code Section 9204 or Section 20104 et seq.
13. RECORDS AND AUDITS.
13.1 Contractor and its subcontractors shall establish and maintain records pertaining
to this contract. Contractor’s and subcontractors’ accounting systems shall
conform to generally accepted accounting principles, and all records shall provide
a breakdown of total costs charged under this contract, including properly
executed payrolls, time records, invoices and vouchers.
13.2 Contractor shall permit City and its authorized representatives to inspect and
examine Contractor’s books, records, accounts, and any and all data relevant to
this Contract at any reasonable time for the purpose of auditing and verifying
statements, invoices, or bills submitted by Contractor pursuant to this contract and
shall provide such assistance as may be reasonably required in the course of such
inspection. City further reserves the right to examine and re-examine said books,
records, accounts, and data during the four-year period following the termination
of this Contract; and Contractor shall in no event dispose of, destroy, alter, or
mutilate said books, records, accounts, and data in any manner whatever for four
years after the termination of this Contract.
13.3 Pursuant to California Government Code Section 8546.7, the parties to this
Contract shall be subject to the examination and audit of representative of the
Auditor General of the State of California for a period of three years after final
payment under the contract. The examination and audit shall be confined to those
matters connected with the performance of this contract including, but not limited
to, the cost of administering the contract.
14. WAIVERS OF LIEN. Contractor shall submit a complete list of major suppliers and/or
subcontractors who will be providing material and/or labor for the performance of the
Work. Contractor shall submit with each payment request waivers of lien from each
major supplier and/or subcontractor. that meet the requirements of Civil Code Sections
8132 through 8138.
15. USE OF RECYCLED PAPER AND ELECTRONIC DOCUMENTS. Contractor
shall prepare and submit all reports, written studies and other printed material on recycled
paper to the extent it is available at equal or less cost than virgin paper. Documents shall
be printed on both sides of the page and City shall be provided with electronic copies of
documents (in Word or .pdf format) except where unusual circumstances make it
infeasible to do so.
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16. ANTITRUST. By entering this contract, Contractor conveys, sells, assigns, and
transfers to the City all rights, titles, and interest and all causes of action it may now have
or hereafter acquire under the antitrust laws of the United States and the State of
California arising from purchase of goods, services, or materials pursuant to this contract
or any subcontract.
17. DISPUTE RESOLUTION. The parties shall make a good faith effort to settle any
dispute or claim arising under this agreement. If the parties fail to resolve such disputes
or claims, they shall submit them to non-binding mediation in California at shared
expense of the parties for at least 8 hours of mediation. If mediation does not arrive at a
satisfactory result, arbitration, if agreed to by all parties, or litigation may be pursued. In
the event any dispute resolution processes are involved, each party shall bear its own
costs and attorneys’ fees.
18. LITIGATION.If any litigation is commenced between parties to this agreement
concerning any provision hereof or the rights and duties of any person in relation thereto,
each party shall bear its own attorneys’ fees and costs.
19. JURISDICTION. This agreement shall be administered and interpreted under the laws
of the State of California. Jurisdiction of litigation arising from this agreement shall be in
that state and venue shall be in Santa Clara County, California.
20. SEVERABILITY. If any part of this agreement is found to conflict with applicable
laws, such part shall be inoperative, null and void insofar as it conflicts with said laws,
but the remainder of this agreement shall be in full force and effect.
21. NOTICE OF NON-RENEWAL. Contractor understands and agrees that there is no
representation, implication, or understanding that the City will request that work product
provided by Contractor under this agreement be supplemented or continued by
Contractor under a new agreement following expiration or termination of this agreement.
Contractor waives all rights or claims to notice or hearing respecting any failure by City
to continue to request or retain all or any portion of the work product from Contractor
following the expiration or termination of this agreement.
22. PARTIES IN INTEREST. This agreement does not, and is not intended to, confer any
rights or remedies upon any person or entity other than the parties.
23. WAIVER. Neither the acceptance of work or payment for work pursuant to this
agreement shall constitute a waiver of any rights or obligations arising under this
agreement. The failure by the City to enforce any of Contractor’s obligations or to
exercise City's rights shall in no event be deemed a waiver of the right to do so thereafter.
-End of Exhibit C-
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SARATOGA CITY COUNCIL
COUNCIL ASSIGNMENTS
Mayor Kookie Fitzsimmons
Cities Association of Santa Clara County-City Selection Committee
Council Finance Committee
Hakone Foundation Executive Board
Saratoga Area Senior Coordinating Council Board of Directors
West Valley Mayors & Managers Association
Vice Mayor Yan Zhao
Cities Association of Santa Clara County-Legislative Action Committee
Saratoga Ministerial Association
Silicon Valley Regional Interoperability Authority Alternate
Council Member Belal Aftab
Association of Bay Area Governments
Hakone Foundation Board of Trustees
Santa Clara County Housing and Community Development (HCD) Advisory Committee
Saratoga Historical Foundation Board of Directors
Valley Transportation Authority (VTA) Policy Advisory Committee
Council Member Chuck Page
Council Finance Committee
Santa Clara Valley Water Commission
Saratoga Chamber of Commerce Board
West Valley Clean Water Program Authority Board of Directors
West Valley Sanitation District Board of Directors
West Valley Solid Waste Management Authority Board of Directors
Council Member Tina Walia
Cities Association of Santa Clara County Board of Directors
KSAR Community Access TV Board
Santa Clara County Library District Board of Directors
Saratoga Sister City Committee Liaison
Silicon Valley Clean Energy Authority Board of Directors
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