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HomeMy WebLinkAboutAGMT - Great Scott Tree Service (Tree Maintenance Svcs)T ® ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 031222017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC. F� j'� /� I� {� /7 r� ONE 1100 CONTACT NAME: PHONE FA AIC No INC. No. Emil ADDRESS: HF EILD, MI 48076 8076SUITE I�(I r'� I _ 1 =� V D Attn: detroilgroupcap8ve .mrtreque t@marsh.o0m UU UU \J L� L� COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIC# 00398 -GAWX-17-1 8 MAR 27 2W INSURER A: Zurich American Insurance Company 16535 INSURED Great Scott Tree Service Inc. CITY CLERK 10761 Court Avenue INSURER B : Navigators Insurance Company 42307 INSURER C Stanton, CA 90680 CITY OF SEAL BEACH INSURER D: INSURER E $00,000 rX INSURER F $ 10,000 COVERAGES CERTIFICATE NUMBER: CHI - 006057234 -14 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD Saa POLICY NUMBER MM IY IDDYYY IY MM1DDYYY LIMITS A COMMERCIAL GENERAL LIABILITY GL04637338-06 04/0112017 04/01/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS MADE OCCUR PREMISES EaEC ,once)$ $00,000 rX MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 2,000,000 POLICY PHI r PRODUCTS - COMPIOP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABWTY BAP4637337 -06 04/01/2017 0410112018 COMBINED SINGLE LIMIT Ea accidvP _- $ 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE Peracc.denl $ X X NON -OWNED HIRED AUTOS AUTOS $ B UMBRELLA LAB X OCCUR SF17EXC8694091V 04 10112017 04/01/2018 EACH OCCURRENCE $ 1,000,000 X AGGREGATE S 1,000,000 EXCESS LIAR CLAWS MADE BED I I RETENTION$ ProdlComp Ops Agg $ 5,000,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YN OFFICER /MEMBER EXCLUDED? (Mandatory in NH) /A WC4578598 -07 Does notappy to the MOnopolisUc States ND, OH, WA, and WY ( ) 04101/2017 0410112018 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E. L. DISEASE - POLICY LIMIT $ 1,000,000 If yes desulbe under DESCRIPTION OF OPERATIONS below PueRO Rico, or Me Virgin Islands DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requlmd) CITY OF SEAL BEACH, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED FOR GENERAL 8 AUTO LIABILITY ONLY, BUT ONLY AS RESPECTS TO LIABILITY ARISING FROM THE OPERATIONS OF THE INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. WORKERS' COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES (ND, OH, WA, AND WY), PUERTO RICO OR THE VIRGIN ISLANDS. CERTIFICATE HOLDER CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2118TH ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SEAL BEACH, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley © 1988 -2014 ACORD CORPORATION. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD All rights reserved., ACORO® CERTIFICATE OF LIABILITY INSURANCE 1.. i" DATE 03/232016 Dnrrr) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). PRODUCER � �////(���� �% MARSH USA INC. Il ll�l`.'E l/ED ONE TOWNE SQUARE, SUITE 1100 Il u SOUTHFIELD, MI 48076 Attn: detroitgrouprapbve .oertrequest@mamh.com APR 0`4 2016 CONTACT NAME PHONE FAX o Alc No E -MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICM INSURER A : Zurich American Insurance Company 16535 00398 —GAWX -16-17 INSURED CITY CLERK Great Scoff Tree Service Inc. CITY OF SEAL BEACH 10761 Court Avenue INSURER e: Navigators Insurance Company 42307 INSURER C INSURER D: Stanton, CA 90660 INSURER E INSURER F: DAMAGE TO RENTED PREMISES Eaoccunence $ 500,000 Cr1VFRAGFS CERTIFICATE NUMBER: CHI -006057234 -10 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSO SUER POLICY NUMBER MM IDDIYYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERALLIABILITY GL04637338 -05 0410112016 04/01/2017 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE M OCCUR DAMAGE TO RENTED PREMISES Eaoccunence $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000,000 GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY E PEA E LOC PRODUCTS - COMPIOP AGG $ 2,000,000 $ OTHER' A AUTOMOBILE LIABILITY BAP4637337 -05 04/0112016 04/01 /2017 COMBINED SINGLE LIMIT Ea accitleIn $ 1,000,000 X BODILY INJURY (Per person) S ANY AUTO BODILY INJURY(Per aocidenq $ – ALL OWNED SCHEDULED AUTOS X PROPER Per accitl nDAMAGE $ HREDAUTOS X AUTOS�ED S B UMBRELLA LIAB X OCCUR SF16EXC8694091V 04101/2016 0410V2017 EACH OCCURRENCE $ 1.000,000 AGGREGATE S 1,000,000 X EXCESS LIAB CLAIMS -MADE DED RETENTION$ Prod /Comp Ops Agg $ 5,000,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) WC4578598 -06 04/0112016 04/0112017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E. L. DISEASE - POLICY LIMIT $ 1,000,000 R Yea describe under DESCRIPTION OF OPERATIONS ow bel DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) CITY OF SEAL BEACH, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED FOR GENERAL 8 AUTO LIABILITY ONLY, BUT ONLY AS RESPECTS TO LIABILITY ARISING FROM THE OPERATIONS OF THE INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. WORKERS COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES (ND, OH, WA, AND WY). PUERTO RICO OR THE VIRGIN ISLANDS. CERTIFICATE HOLDER - CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2118TH ST. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SEAL BEACH, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley 4_4 — , © 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ACORV CERTIFIN►TE OF LIABILITY INSIOANCE GATE YYYY) 03127112015 2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC. ONE TOWNE SQUARE, SUITE 1100 CONTACT NAME: _ PHONE pIC No : IAIC, No Earn- EMAIL ADDRESS: SOUTHFIELD, MI 48076 Attn: detroitgroupcapbve .certrequest@marsh.com INSURERS AFFORDING COVERAGE NAIC p INSURER A : Zurich American Insurance Company 16535 00398 -00398- RAFF-15 -16 INSURED Great Scott Tree Service Inc. INSURER B; Starr Surplus Lines Insurance Company 13604 PERSONAL B ADV INJURY $ 1,000.000 10761 Court Ave. INSURER C GENERAL AGGREGATE INSURER D: GENT AGGREGATE POLICY Stanton, CA 90580 INSURER E: $ 2,000,000 INSURER F: A POMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X NON -OWNED HIRED AUTOS AUTOS COVERAGES CERTIFICATE NUMBER: CHI - 003974767 -18 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDDIYYYY MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -WOE M OCCUR of Marsh USA Inc. GL04637338 04/01/2015 04/0112016 EACH OCCURRENCE $ 1,000,000 DAMAGE R� ENT PREMISES Ea occurrence 500,000 $ MED EXP (Any one person) $ 10,000 PERSONAL B ADV INJURY $ 1,000.000 GENERAL AGGREGATE S 2,000,000 GENT AGGREGATE POLICY LIMIT APPLIES PER X PRO- LOC PRODUCTS- COMPIOPAGG $ 2,000,000 S A POMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X NON -OWNED HIRED AUTOS AUTOS BAP4637337 0410112015 04101/2016 COMBINED SINGLE LIMIT Ea accitlenl 1,000,000 PODILY INJURY (Per person) $ BODILY INJURY (Pera¢itlenl) $ PROPERTY DAMAGE Per amitlent $ $ B X UMBRELLA LMe EXCESS LIAB X OCCUR CLAIMS-0MADE 1000010980 0410112015 04/01/1016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETORIPARTNER/E%ECUTIVE YIN OFFICER /MEMBER E %CLUOEO? � (Mandatory in NH) It yes, tlescriba under DESCRIPTION OF OPERATIONS below N / A WC4578598 04101/2015 0410112016 X we sT1 TU- OTH- E.L. EACH ACCIDENT 1 000 $ E . DISEASE - FA EMPLOYEE $ 1'000.000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: CFD (Target Center) Seal Beach Blvd., Seal Beach, CA 90740. Certificate Holder, Its officers, Officials, Employees, Designated Volunteers and Agents are NAMED AS ADDITIONAL INSURED FOR GENERAL LIABILITY ONLY, BUT ONLY AS RESPECTS TO LIABILITY ARISING FROM THE OPERATIONS OF THE INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Seal Beach Blvd Median THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1776 Adolfo Lopez Drive ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley 0111988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD r ACOR" CERTIFTATE OF LIABILITY INAVIIANCE F DATE 03127015 (MMIDDNYYY) THIS C CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH USA INC. ONETOWNE SQUARE, SUITE 1100 CONTACT NAME: BJC PHONE Ns. Exti A/C No EMAIL ADDRESS: SOUTHFIELD, MI 48076 Attn: deboitgroupcapbve .cemequest@marsh.com INSURERS AFFORDING COVERAGE NAIC q INSURER A , Zurich American Insurance Company 16535 00398 -00398-RAFF-1 5-16 INSURED Great Scott Tree Service Inc. INSURER B: Starr Surplus Lines Insurance Company 13604 X COMMERCIAL GENERAL LIABILITY 10761 Court Ave. INSURER C INSURER D: DAMAGE TO RENTED PREMISES Ea occurrence Stanton, CA 90680 INSURER E: $ 10.000 INSURER F: COVERAGES CERTIFICATE NUMBER: CHI - 004664458 -10 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL SUHR POLICY NUMBER MMOID/YYYY MM/DDYYYY LIMITS A GENERAL LIABILITY GL04637338 0410112015 0410112016 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence 500,000 $ MED EXP (Any one person) $ 10.000 CLAIMS -MADE I -XI OCCUR PERSONAL 8 ADV INJURY $ 1.000.000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS AGO $ 2,000,000 $ POLICY X PRO- LOC JECT A AUTOMOBILE LIABILITY BAP4637337 0410112015 04 /0112016 COMBINED SINGLE LIMIT (E_s.accidenlL -_ --s-----1'000'000 1,000,000 BODILY INJURY(Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS Ix PROPERTY DAMAGE Per accident N VI NON -ONED HIRED AUTOS AUTOS 8 B UMBRELLA LIAR X OCCUR 1000010980 04101/2015 0410112016 EACH OCCURRENCE S 1,000,000 AGGREGATE $ 1,000,000 X EXCESS LIAB CLAIMS MADE DED RETENTION $ 1 $ A WORKERS COMPENSATION WC4578598 0410112015 0410112016 % I WC STATU I OTH- ORY LIMIT AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR /PARTNERIEXECUTIVE (Mandatory inN RE %CLUDEO? (Mandatory in NH) NIA E.L. EACH ACCIDENT $ 1,000.000 E . DISEASE - EA EMPLOYEE $ 1.000.000 E.L. DISEASE - POLICY LIMIT 1.000.000 $ H yes, describe under DESCRIPTION OF OPERATIONS below I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Ahach ACORD 101, Additional Remarks Schedule, if more space is required) CITY OF SEAL BEACH, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED FOR GENERAL 8 AUTO LIABILITY ONLY BUT ONLY AS RESPECTS TO LIABILITY ARISING FROM THE OPERATIONS OF THE INSURED AND WHERE REQUIRED BY WRITTEN CONTRACT. WORKERS' COMPENSATION DOES NOT APPLY TO MONOPOLISTIC STATES (ND, OH, WA, AND WY), PUERTO RICO OR THE VIRGIN ISLANDS. CERTIFICATE HOLDER CANCELLATION CITY OF SEAL BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 2118TH ST, THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SEAL BEACH, CA 90740 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. John C Hurley_ © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD MAINTENANCE SERVICES AGREEMENT Between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 0 Great Scott Tree Service, Inc. 10761 Court Avenue Stanton, CA 90680 (714) 826 -1750 This Maintenance Service Agreement ( "the Agreement ") is effective as of July 1, 2013 (the "Effective Date "), by and between Great Scott Tree Service, Inc., ( "Contractor'), a California Corporation, and the City of Seal Beach ( "City "), a California charter city, (collectively, "the Parties "). 1 of 16 S7296- 0001 \1236808v1.doc RECITALS A. City desires certain tree maintenance services. B. Contractor represents that it is qualified and able to provide City with such services. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services ( "Services ") set forth in the attached Exhibit A, which is hereby incorporated by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize payment for such work up to a cumulative maximum of $10,000. Payment for additional work in excess of $10,000 requires prior City Council authorization. 2.0 Term This term of this Agreement shall commence as of the Effective Date and shall terminate on June 30, 2016 unless previously terminated as provided by this Agreement. An additional two (2) one -year contract extensions are available based upon the Contractor's performance and at the discretion of the City. 3.0 Contractor's Compensation City will, pay Contractor in accordance with the bid schedule set forth in Exhibit B for Services for a cumulative amount not to exceed $398,040. Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the bid schedule set forth in Exhibit B. 2of16 57296- 0001 \1236808v1.doc 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the unit bid prices charged, and the services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24 -hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for two years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Brent Beller is the Contractor's primary representative for purposes of this Agreement. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: 3of16 S7296- 0001 \1236808v1.doc To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Great Scott Tree Service 10761 Court Avenue Stanton, CA 90680 Attn: Brent Beller 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Independent Contractor 8.1. Contractor is not an employee of the City. All services provided pursuant to this Agreement shall be performed by Contractor or under its supervision. Contractor will determine the means, methods, and details of performing the services. Any additional personnel performing services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 8.2. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 9.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of. any and all subcontractors. 4of16 S7296- 0001 \1236808v1.doc 10.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 11.0 Insurance 11.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 11.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement as well as a labor and materials bond as noted in Exhibit C. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and, if required by the City, (3) Professional Liability. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Professional Liability: $1,000,000 per claim /aggregate. 11.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, 5of16 57296- 0001 \1236808vt.doc employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self- insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 11.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 11.5. Any deductibles or self- insured retentions shall be declared to and approved by the City. Contractor guarantees that, 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 directors, officials, officers, employees, agents, and volunteers, or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 12.0 Indemnification, Hold Harmless, and Duty to Defend Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, volunteers and agents serving as independent contractors in the role of city officials (collectively "Indemnitees ") free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any acts or omissions of Contractor, its employees, or its agents in connection with the performance of this Agreement, including without limitation the payment of all consequential damages and attorneys' fees and other related costs and expenses, except for such loss or damage arising from the sole negligence or willful misconduct of the City. With respect to any and all such aforesaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against Indemnitees, Contractor shall defend Indemnitees, at Contractor's own cost, expense, and risk, and shall pay and satisfy any judgment, award, or decree that may be rendered against Indemnitees. Contractor shall reimburse City and its directors, officials, officers, employees, agents and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity 6of16 S7296- 0001 \1236808v1.doc herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor, the City, its directors, officials, officers, employees, agents or volunteers. All duties of Contractor under this Section shall survive termination of this Agreement. 13.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non - discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 14.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 15.0 Entire Agreement This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties. 16.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 17.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 18.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 7of16 S7296- 0001 \1236808v1.doc 19.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20.0 Prohibited Interests; Conflict of Interest 20.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code § §1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 20.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 20.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection. 21.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 8of16 S7296-0001 \1 236808vi.doc the losing party all of its attorneys' fees and other costs incurred in connection therewith. 22.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 23.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH Attest: By: (-Z-& LirVda Devine, City Jerk CONTRACTOR By: Name: Scott P. Griffit Its: President By: Name: Jacob T. Griffiths Approved as to For Its: CEO By: uinn arr6w, City Attorney 9of16 57296- 0001 \1236808vt.doc EXHIBIT A SCOPE OF WORK The work shall include furnishing all labor and equipment necessary to fully comply with the scope of work contained herein. Payment for tree services will be controlled by the unit bid prices provided. No additional compensation will be provided. EQUIPMENT AND PERSONNEL The contractor's crew foreman and supervisor shall be Certified Arborists in good standing with the International Society of Arboriculture. Tree trimmers shall also be Certified Tree Workers One certified arborist per crew and all trimmers must be certified tree workers. Contract personnel shall wear uniform shirts with the company name or logo printed on them, and they shall wear reflective safety vests while working within the roadway right -of -way. All aerial trucks shall be equipped with but not limited to the following; appropriate chain saws, toppers, pole pruners, hand pruners, blowers and plywood to complete all necessary work. No Contractor personnel shall be employed on any work site under these specifications that are found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the City Representative, shall be discharged or removed from working on City jobs immediately. Contractor trucks and other vehicles shall be of one color with the Contractor's name or logo identified. All vehicles and equipment shall be in good condition and appearance. All vehicles will display a sign on the vehicle while working on City areas indicating the Contractor is under contract with the City of Seal Beach. The City's Representative must approve the design of the signs the Contractor will provide. Contractor is prohibited from parking his equipment overnight on City streets. Contractor shall provide their foremen with a laptop or other computerized device for the purpose of having the ability to view the City's tree database and to collect the City's tree asset numbers during pruning and any other tree related operation. Contractor shall have the capability to provide completed work orders and pertinent information in an Excel spreadsheet format to be imported into the City's work order system. Contractor shall submit the completed form electronically. The City shall provide the Excel spreadsheet form. 10 of 16 S7296 -0001 \1236808v 1.doc PERFORMANCE REQUIREMENTS PRUNING SPECIFICATIONS Pruning shall conform to American National Standard, ANSI A300, and Tree Care Operations for Tree, Shrub and Other Woody Plant Maintenance — Standard Practices. Pruning will generally be Maintenance Pruning as described in ANSI A300, Section 5.3.2. Palm Requirement: During the removal of fronds, seeds /pods the contractor shall check and remove any loose petioles from all palm species. This practice is not only limited to the base of the palm frond growth. Trees shall be pruned as required to remove broken or diseased branches, to allow for public use access, maintenance access, and for safety. It shall be the Contractor's prime pruning responsibility to conduct a pruning program which will ultimately develop natural tree scaffolding, strength, and appearance consistent with the intended use. Before any work commences, the Contractor will prune one typical tree of each different species scheduled for pruning as an example. Any necessary corrections to the example, as determined by the Deputy Director of Public Works or Designee, shall be made prior to proceeding with production work. All major pruning operations shall be scheduled and approved by the Deputy Director of Public Works before work begins. Topping, tip pruning, or pollarding trees will not be allowed. Pruning shall be done by those experienced and skilled in pruning techniques (i.e., under the continual supervision of a certified arborist). All cuts shall be done using proper arboricultural and horticultural practices. Dressing wounds will not be allowed. All trimmings and debris shall be cleaned up, removed, and disposed of off -site at the end of each day's work. Contractor shall clean all tire marks from hardscape, i.e., sidewalks, parking lots, curbs, gutters, etc., BEFORE final payment is received. Clean -up work shall consist of restoring site to original condition after work has been performed. Existing tree stakes, ties, and guys shall be checked and corrected as needed by the tree maintenance contractor. Ties will be adjusted to prevent girdling. Unneeded stakes, ties, and guys of trees planted after one year, shall be gradually loosened and ultimately removed. Broken stakes shall be replaced as required. Ailing or stunted trees which fail to meet expected growth expectations shall be brought to the attention of the Public Works Supervisor. Under no circumstances will stripping of lower branches (raising up) of young trees be permitted. Tree suckers shall be removed as needed. Lower branches can be removed only after tree is able to stand erect without staking or other support. Any individual dead limb or branch, detached or not, is a safety hazard and will be removed as needed by the tree maintenance contractor. 11 of 16 S7296- 0001 \1236808v1.doc The Contractor will replace and be held liable for any damages done to trees or landscaping due to poor management procedures of services rendered(i.e., improper staking, damage done by not removing tie wires, improper pruning, etc.). If, in the opinion of the City, a newly planted tree dies as a direct result of neglect, inadequate care, or inadequate maintenance, the replacement item and required labor shall be provided by the contractor at no cost to the City. This includes material newly planted and material which has been planted. Replacement must be of comparable size and species and acceptable. Surrounding plant material (turf, ground cover, shrubs, and vines) shall be protected during tree maintenance operations. The Contractor shall be responsible for all damage caused by poor procedures. The City will require full and complete repair of the damaged areas and plants. SAFETY REQUIREMENTS Tree Maintenance operations shall conform to American National Standard, ANSI Z133.1, Pruning, Trimming, Repairing, Maintaining, and Removing Trees and Cutting Brush — Safety Requirements. It shall be the Contractor's responsibility to obtain the most current ANSI Z133.1 specifications. TREE REMOVALS In addition to the ANSI A300 and Z133.1 standards, the following tree removal specifications shall apply: Each tree to be removed will be painted with a white spot at the base of the tree trunk. All tree stumps are to be ground within five (5) work days. Stump grinding is to be a minimum of twelve inches (12 ") below grade or until tree roots are no longer present. All stump chips are to be removed and the void backfilled with native soil or clean fill dirt, which is to be compacted and leveled to grade suitable for seeding or planting. All costs associated with stump grinding shall be included as part of the unit cost for tree removals. It shall be the responsibility of the Contractor to call in the tree stump location to Underground Service Alert (USA) prior to grinding the tree stump. In cases where it is determined that the trees scheduled for removal have died due to the Eucalyptus Longhorn Borer, the wood shall be disposed of by hauling to an authorized disposal station. At no time shall any wood from trees having died from the Eucalyptus Longhorn Borer be hauled anywhere other than the authorized disposal station. The City Representative must approve the disposal station prior to any disposal taking place. Payment for complete stump removal shall be included in the tree removal operation UNIT PRICE and no additional compensation will be allowed for crew rental rates, etc. Payment for tree removals will not occur until all related stumps have been removed. It shall be the judgment of the City's Representative to determine if a tree has died from Eucalyptus Longhorn Borer activity. The City may require the 57296- 0001 \12368080.doc 12 of 16 Contractor to show receipts of any or all disposed wood prior to payment for tree removals being made. Contractor shall notify the City immediately if any damage to City property occurs. Examples: broken irrigation heads, valves or piping, damaged drinking fountains, play equipment, non - target trees, turf and shrubbery, and any and all other city property damaged during the course of performing work for the City. All repairs must be completed within 5 days of the occurrence. Replacement of damaged landscaping or property will be replaced in -kind and the site restored to its original condition. TRAFFIC SAFETY Contractor shall conform to all City of Seal Beach traffic safety requirements and operating rules at all times which this contract is in effect. The City will provide the Contractor with a Manual on Uniform Traffic Control Devices (MUTCD), which will be used as a reference. Vehicular traffic lane and bike lane closures on arterial streets shall be between the hours of 9:00 a.m. and 3:00 p.m. only, no exceptions. Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to through vehicle or pedestrian traffic. This is to include a high - visibility arrow board or arrow boards. The City must approve all traffic safety equipment prior to use. A traffic control plan for all arterial streets listed will be submitted to Public Works staff within five (5) days prior to work on any arterial street. High visibility arrow boards shall be used while working on all arterial streets. Failure on the part of the contractor to safely close traffic, bicycle areas, and pedestrian ways and to adhere to all other guidelines associated with maintenance operations adjacent to vehicle, bicycle areas, and foot traffic areas shall incur a $400.00 performance deficiency deduction per infraction. TREE INVENTORY SERVICE Contractor shall have the capability to inspect and to inventory City trees by utilizing a GPS (global positioning system) device compatible with the City's mobile device application. The inspection and inventory collection shall be performed by an ISA certified arborist. The information collected shall include the confirmation of the tree asset number, trunk diameter, height and canopy spread, maintenance needs and the general condition of the tree. Any obvious defects shall be noted and brought to the attention of the City's representative. Contractor shall inventory all of the City's trees once during the term of this contractor, to be completed within the first year of the contract term. Contractor will also update the inventory by including maintenance work, new plantings and removal history on a quarterly basis. Contractor shall provide the City with a copy of the master tree inventory as well as updated quarterly inventory updates. 13 of 16 57296- 0001 \1236808vt.doc The cost for tree inventory management work shall be included in the unit bid pricing provided for tree services and no additional compensation will be allowed. INSPECTION The Contractor's Representative shall meet with the City's Representative prior to beginning work in each of the specified locations to inspect and determine the pruning objectives of the location. Once work begins, it shall be the responsibility of the Contractor's Representative to visually inspect each tree prior to pruning. If a condition is observed that requires additional attention, this condition will be reported immediately to the City's Representative. The Contractor's Representative shall be responsible to verify that all work in progress is in accordance with ANSI Z133.1 Safety Requirements. The Contractor's Representative shall be responsible to verify that all work in progress is in accordance with ANSI A300 Standard Practices, and City of Seal Beach pruning objectives. The City's Representative shall have the option to withhold payment for completed work not complying with ANSI trim standards and City of Seal Beach pruning objectives. .diuu ► •l The Contractor shall have the ability to contact its field crews within 30 minutes of notification by the City during normal working hours. The Contractor's Representative and each crew foreman shall have a portable cellular telephone. The phone numbers shall be given to the City's Representative. The Contractor's Representative and each crew foreman shall be accessible for communication during normal work hours. Each crew foreman shall call the City's Representative daily prior to 7:00 a.m. to discuss crew locations and work schedules. The Contractor's Representative and each crew foreman shall meet with the City's Representative once per week at the Operations Support Facility to discuss all contract activities. The Contractor shall notify in writing, by use of a City- approved flyer, residents of property adjoining the location of the work at least seven (7) days before the start of work in that area or on the adjacent street. The Contractor is responsible for posting "temporary no- parking" signs at least forty -eight (48) hours before using the parking lane for tree trimming purposes. In the case of work requiring mass removal of green waste, which may interfere with the use by residents or businesses of their driveways, suitable provisions shall be made by the Contractor at such time to provide access to said driveways. Efforts shall be made by the Contractor to minimize the duration of said blocking and to notify the residents of this need well in advance. Further, the Contractor shall provide access to each residential or commercial establishment each evening. 14 of 16 S7296- 0001 \1236808v1.doc The Contractor shall provide a Contractor Representative (Supervisor) who is a Certified Arborist, certified by the International Society of Arboriculture. It is expected that this person will be able to communicate effectively in both written and oral English. Any order or communication given to the Contractor's Representative shall be deemed as delivered to the Contractor. WORKING HOURS Workdays are Monday through Friday. On occasion, the Contactor shall provide work crews to perform routine maintenance activities on Saturdays. Work completed under this arrangement shall be paid at the unit price of such work. Working hours shall be no earlier than 7:00 a.m. and no later than 4:00 p.m. Arterial street working hours shall be 9:00 a.m. to 3:00 p.m. The Contractor will have staff available for phone contact (not an answering service), Monday through Friday, between 6:00 a.m. and 5:00 p.m. to respond to call -outs, questions and verification of schedules. PERFORMANCE DURING INCLEMENT WEATHER The Contractor shall adjust his work force in order to accomplish those activities that are not affected by weather during periods when inclement weather hinders normal operations. The Contractor shall not remove his work force form the job site unless he has previously notified the City's Representative. The Contractor may be required during inclement weather to perform clean -up tasks as requested by the City's Representative. CALIFORNIA DEPARTMENT OF FISH AND GAME CODE #3503 California Department of Fish and Game Code #3503 states, "It is unlawful to take, possess or needlessly destroy the nest or eggs of any bird," therefore, it shall be the Contractor's responsibility to bypass and leave undisturbed any or all trees scheduled for pruning or removal if active nesting birds or eggs are found to occupy the tree(s). 57296- 0001 \1236808v1.doc 15 of 16 EXHIBIT B BID SCHEDULE (ATTACHED) 16 of 16 S7296- 0001 \1236808v1.doc THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR: Great Scott Tree Service, Inc. SURETY: Berkley Regional Insurance Company 10761 Court Avenue 505 N. Brand Blvd., Suite 1040 Stanton, CA 90680 Glendale, CA 91203 OWNER: City of Seal Beach 211 — 8" Street Seal Beach, CA 90740 CONSTRUCTION CONTRACT Date: 7/1/2013 Amount: $132,680.00 Description (Name and Location): Tree Maintenance Services — City of Seal Beach BOND Date: 7/1/2013 Amount: $132,680.00 Modifications to this Bond: See Page 6 a'CONTRACTOR.AS PRINCIPAL Gc mpany: Great Scott Tree Service, Inc. ;(Corporate Seal) - Signature: _ Name and Title: Sic 6 C�a Fpt�NS GEO (Any additional signatures appear on page 6) SURETY Company: Berkley Regional Insurance Company �j (Corporate Sec Signature: Name and Title: Rosa E. Rivas, Attorney -in -Fact (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer SuIIIVanCUrtisMonroe Insurance Services, LLC other party): 1920 Main Street #600 Irvine, CA 92614 AIA DOCUMENT A312 • DECEMBER 1984 ED. • AIA OO THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE,, N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312 -1984 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and ,2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any! under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, theyl agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to lsatisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or partlof the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or ttie last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicaIble. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the atldress shown on the signature page. I 13 When this Bond has been furnished to complylwith a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shalt be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. I A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED.. AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312 -1984 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment' that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: in the Construction Contract, architectural I and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. I 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay, the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. I Paragraph 4 is amended to insert sub - paragraph 4.3 which states: 4.3 Claimant has furnis to Surety proof of claim duly sworn to by Claimant with adequate supporting documentation proving the amount claimed is due and payable. Paragraph 5 shall be amended to delete the word "or" and insert the word "and" in its place. Paragraph 6 and its sub paragraphs 6.1 and 6.2 shall be deleted in their entirety. "FURTHERMORE, Notwithstanding the provisions of the contract, the term of this bond shal apply from 7/1/2013 until 6/30/2014 and may be extended by the Surety by Continuation Certificate. However, neither non - renewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of non - renewal, shall itself constitute a loss the Obligee recoverable under this bond or any renewal or continuation thereof. The liability the Surety under this bond and all continuation certificates issued in connection therewith sF not be cumulative and shall in no event exceed the amount as set forth in this bond or in am additions, riders or endorsements properly issued by the Surety as supplements thereto. In event shall Surety's aggregate liability exceed the penal sum of this bond." (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: _ Name and Title: Address: BOND AND PAYMENT BOND . Signature: _ Name and Title: Address: THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312 -1984 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 7 State of California County of On o4 -z5 - \3 before me, ZScx evrov_� s EfL. \Jors.csy Cam. c�\c -, Date Here Insert Name antl Tite of the Officer personally appeared Zs-AC.OtS T- (71, RI, V= \TN S Names) of Signers) who proved to me on the basis of satisfactory evidence to be the person�4 whose nameX is /pR/e subscribed to the within instrument and acknowledged to me that hells /toy executed the same in his/t�r /tliir authorized capacity), and that by his /hOr /tt)4ir signatureo on the instrument the person(41 or the entity upon behalf of which the person (,s' acted, executed the instrument. ORENTON SAMI BELL ER Commission a 1975225 1 certify under PENALTY OF PERJURY under the Notary Public - California > laws of the State of California that the foregoing ' orange County paragraph is true and correct. My Comm. Excites A r 15, 2016 WITNESS my hand and official seal. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer - Title(s): c F.o ❑ Corporate Officer - Title(s): ❑ Individual ❑Individual ❑ Partner - ❑ Limited ❑ General Tnr, � ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 -876 -6827) Item CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On 4/17/2013 before me, Jonathan C Proctor Notary PN e ublic Date Here Insert am ano Title of the Otfiner personally appeared Rosa E. JONATHAN C. PROCTOR Commission f 1995645 Notary Public - California Orange County M Comm. Ex ires Oct 27, 2016+ Place Notary Seat Above M who proved to me on the basis of satisfactory evidence be the person(X) whose name) is/ft subscribed to t within instrument and acknowledged to me thathe /she/th executed the same in his /her /their authorized capacity()9 and that by ft /her /their signatureN on the instrument t persori(sj, or the entity upon behalf of which the perso acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws the State of California that the foregoing paragraph is In and correct. Witness my Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title (s):_ ❑ Partner — ❑Limited ❑General li4 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: W...] POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attomey.affects the validity thereof. Please review carefully. M KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company" a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale,l Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Eugene T. Zondlo, Edith Garibay or u Rosa E. Rivas of SullivanCurtisMonroe Insurance Services, LLC of Irvine, CA its true and lawful Attomey -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligati on shall exceed Thirty Million and 00 /100 Dollars ($30,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. oThis Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, = without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: o t "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authori g and qualifying the attomey -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on ° y behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further 0 "2 RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or "= other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner F and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact namid; and ? further o G RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power a "L of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though 3 manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any per son or .E persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be a such at the time when such instruments shall be issued." ese presents to be signed and attested by its appropriate officers and its IN WITNESS WHEREOF, the Company has caused th o corporate' peal hereunto affixed this S day of 2009. o 'Attest: , Berkley ��ce Company By {Seal) t By_ Robert P. Cole Ira S. Lederman Senior Vice President Senior Vice President & Secretary �. WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) N G s Sworn to before me, a Notary Public in the State of Connecticut, this day of 2009, by Robert P. Cole and Ira F S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice Pridsident and Secretary, respectively, of jk Berkley Regional Insurance Company. c [L .I.�$ Fur,,. 2052 Notary Public, State of Connecticut v CERTIFICATE z I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the o foregoing,is,a.tme, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded Lid -that the authority of the Attomey -in -Fact set forth therein, who executed the bond or undertaking to which this 3 J `Power of Attorney, is attached, is in full force and effect as of this date. 2013 Given under my hand and seal of the Company, this 17th day of (Seal) Andre . Tuma i Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group, LLC is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call (866) 768 -3534 or email BSGlnquiry@.berkleysurety.com Any written notices, inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group, LLC 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGCIaim @berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance band, please identify the project to which the bond pertains. 0 0 AN AGREEMENT FOR 2009 ANNUAL TREE PRUNING between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 W Great Scott Tree Service, Inc. 10761 Court Avenue Stanton CA 90680 (714) 826 -1750 THIS AGREEMENT is made and entered into this 13th day of April, 2009, by and between the City of Seal Beach, a California charter city ( "City "), and Great Scott Tree Service, Inc. a Corporation ( "Contractor "). 57296- 0200 \1073470v8.doc 9 9 RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the 2009 Annual Tree Pruning Project ( "Project ") with respect to design criteria; and B. WHEREAS, Contractor has submitted a bid to City for the Project dated March 24, 2009 in the amount of $80,580.00 ( "Accepted Proposal" hereinafter). The Accepted Proposal is attached hereto as Exhibit G and contains, among other things, provisions defining the Project scope. NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1.0 Contractor's Services. 1.1 Scope and Level of Services. For and in consideration of the mutual promises set forth herein, and subject to the terms and conditions set forth in this Agreement, Contractor shall perform and complete in good and workmanlike manner all work ( "Work ") required by this Agreement and the documents listed in Subsection 1.2 for the Project. 1.2 Contract Documents. The "Contract Documents" that comprise the agreement between the City and the Contractor are the: Notice Inviting Bids, Instructions to Bidders, Accepted Proposal, Non - Collusion Affidavit, Bid Schedule(s), List of Subcontractors, Contractor's Industrial Safety Record, Contractor's Qualification Statement, Bid Security Forms For Check or Bond, Specifications, General and Special Provisions and documents referenced therein, all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, this Agreement, Exhibits attached to this Agreement, including but not limited to the Performance Bond (Exhibit A), Payment Bond (Exhibit B), Worker's Compensation Insurance Certificate (Exhibit C), Insurance Endorsements (Exhibit D), Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws (Exhibit E), Labor Law Requirements (Exhibit F), Accepted Proposal (Exhibit G) and any and all supplemental agreements executed amending or extending the work contemplated and that may be required to complete the work in a substantial and acceptable manner. These Contract Documents are hereby incorporated into this Agreement. 1.3 The Work shall be performed in accordance with the Plans, Specifications and other Contract Documents. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City. 1.4 In the event of any material discrepancy between the express provisions of this Agreement and the provisions of the other Contract Documents, the provisions of this Agreement shall prevail. 2of9 S7296- 0200 \I073470v8.doc • • 2.0 Effective Date, This Agreement is effective as of April 13, 2009 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 3.0 Payment. For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefor, the amount of $80,580.00, subject to any additions and deletions pursuant to the terms of the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated in the work, supervision, administration, overhead, expenses and any and all other things required, furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 4.0 Contractor's Personnel. 4.1 All Work shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law and by the Notice Inviting Bids/Instructions to Bidders to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2 Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. 4.3 Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city officials, from any and all liabilities, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. 4.4 Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the work performed pursuant to this Agreement. 4.5 City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 3of9 S7296-0200\ 1 073470Y8.doc 0 0 5.0 Indemnification. 5.1 Contractor's Duty. Contractor shall indemnify and hold the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, bid protests, stop notices, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims "), in any manner arising out of or incident to the performance of the Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Further, Contractor shall appoint competent defense counsel, at Contractor's own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Agreement that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Agreement. Contractor shall reimburse the City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable. 5.2 Bid Protests. In addition to its obligations pursuant to Section 5.1, Contractor shall reimburse the City for all attorney fees and costs incurred by City in connection with, arising out of or incident to any bid protest. 5.3 City's Sole Negligence. Nothing in Section 5.1 shall be construed to require Contractor to indemnify Indemnities for that portion of any Claim to the extent arising from the sole negligence or willful misconduct of the Indemnities. 5.4 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 5.5 Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor. 5.6 Survival. The provisions of this Section 5 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 4of9 57296- 0200 \I07347M.doc 6.0 Insurance. 6.1 Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. The policy limits set forth below do not act as a limitation upon the amount of indemnification to be provided by Contractor. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: General Liability Liability 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile 6.1.3 Exhibit D -3: Additional Insured Endorsement 6.2 Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 6.2.1 Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 6.2.2 Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code I (any auto). 6.2.3 Insurance Services Office form number CG 20 10 11 85 (Ed. 11/85) covering Additional Insured — Owners, Lessees or Contactors (Form B). 6.2.4 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.3 Minimum Limits of Insurance. Contractor shall maintain limits no less than: 6.3.1 General Liability: $2,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 6.3.2 Automobile Liability: $2,000,000 per occurrence for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per occurrence and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 5of9 57296- 0200\ 1073470v8.doc 0 0 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to any professional liability insurance. 6.5 Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 6.5.1 City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. 6.5.2 For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self- insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. 6.5.3 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. 6.5.4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 6.5.5 Each insurance policy, except for any professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 6.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANII unless waived in writing by City's Risk Manager. 6.7 Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 6of9 57296- 0200 \I073470v8.doc 0 0 7.0 Liquidated Damages. Should the Contractor fail to complete the project, or any part thereof, in the time agreed upon in the Contract, the Contractor shall reimburse the City for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is ageed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate $750.00 per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the City resulting from the failure of the Contractor to complete the project within the allotted time and to the value of the operation of the works dependent thereon. It is expressly understood and agreed that this amount is a reasonable amount and is established in lieu of damages that are incapable of calculation at the inception hereof; and this amount is not to be considered in the nature of a penalty. The City shall have the right to deduct such damages from any amount due, or that may become due to the Contractor, or the amount of such damages shall be due and collectible from the Contractor or the Contractor's Surety. Progress payments made after the scheduled completion date shall not constitute a waiver of liquidated damages. 8.0 Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. A suspension of the Services does not void this Agreement. 9.0 Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City of Seal Beach - City Clerk 211 8th Street Seal Beach, California 90740 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: Great Scott Tree Service, Inc. 10761 Court Avenue Stanton, CA 90680 Telephone: (714) 826 -1750 Fax: (714) 826 -1753 7of9 S7296-0200\ I 07347M.doc 0 0 10.0 Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 11.0 Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 12.0 Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 13.0 Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including all attorneys' fees incurred in connection therewith. 14.0 Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 15.0 Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. (Intentionally Left Blank) 8of9 57296- 0200AI07347M.doc • 0 IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH CONTRACTOR: By: By: J:��ed David N. Carmany, dity Manager Name: c,,-r.T . 6at..ari " Title:�l 2�s, o �tiT Attest By By: Lin a Devine, City Clerk Name: s Title: v ZS i Dc,)-r sr- CRF -7carUi Approved as to Fonn: 1 By: uinn . Bar w, City Attorney 9 of 9 S7296- 0200 \I073470v8.doc i EXHIBIT A 0 FAITHFUL PERFORMANCE BOND Exhibit A, Page 1 57296- 0200 \1073470v8.doc i • EXHIBIT B PAYMENT BOND Exhibit B, Page 1 S7296- 0200 \1073470v8.doc EXHIBIT C 0 WORKER'S COMPENSATION INSURANCE CERTIFICATE Exhibit C, Page I S7296- 0200 \1073470v8.doc U EXHIBIT D -1 • ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] Exhibit D -1, Page 1 S7296- 0200 \1073470v8.doc U EXHIBIT D -2 • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] Exhibit D -2, Page 1 S7296-0200\ 1 073470v8.doc LJ EXHIBIT D -3 • ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY] Exhibit D -3, Page 1 S7296- 0200 \1073470v8.doc LJ EXHIBIT E • ACKNOWLEDGMENT OF PENAL AND CIVIL PENALTIES CONCERNING CONTRACTOR LICENSING LAWS Exhibit E, Page 1 57296- 0200 \1073470v8.doc EXHIBIT F LABOR LAW REQUIREMENTS Exhibit F, Page 1 57296- 0200 \1073470v8.doc U. S. SPECIALTY INSURANCE COMPANY 9841 AIRPORT BOULEVARD, 9T° FLOOR, LOS ANGFLFS, CA 90045 (310) 649 -0990 Public Works — Performance KNOW ALL MEN BY THESE PRESENTS, That we, Bond No. Premium: S Great Scott Tree Service, Inc. _,tea 1000819766 15.00 as Principal, and U. S. SPECIALTY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Texas, and authorized to transact a general surety business in the State of California as Surety, are held and firmly bound unto City of Seal Beach, 211 8th Street, Seal Beach, CA 90740 as Obligee, in the sum of Eighty Thousand Five Hundred Eighty and 00 /100 Dollars ($ 80,580.00 ), lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs. executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that WHEREAS, the above - bounden Principal has entered into a contract dated with said Obligee to do and perform the following work, to wit: 2009 Annual Tree Pruning. 3/31/09 NOW, THEREFORE, if the above - bounden Principal shall well and truly perform or cause to be performed, "the works under the contract," then this bond shall be null and void; otherwise it shall remain in full force and effect. Signed, sealed and dated this Great Scott Tree Service, Inc. Principal By P 6th day of April 1 2009 U. S. SPECIALTY INSURANCE COMPANY Ariel T. I redia, Attomep-in -Fact neeezz2esi0105 9 '. c:. vaS.. �SLti; y�tsTL. s3S ..2isiS:c'\4 }�S,�.cjif35,.iY'.: xS�)L.�S: ZS:aiS%�S.ST�- S3S �'"if.�i: FAGHf �afGsat :.�c�f%�]S;.`•iU�.�4..HU. State of California County of LOS ANGELES On L 4 )OD1 before me, ROCHELLE A. HtILLSefIA Name NOdTARaY nPUBLIC U personally appeared ARIEL T. HEREDIA Namals) of Signer(s) ROCHELLE A. HILL Commtasion # 1634494 : -o Notary Public . California Los Angeles County MyComm. E>qires Jan 3, 2010 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person dj whose nameA is(are subscribed to the within instrument and acknowledged to me that hek.4aAU" executed the same in hisAk� authorized capacity(iee), and that by his,We;44@4 signature(e� on the instrument the person(e�, or the entity upon behalf of which the person(el acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official (seal. Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Q 'I�j Title or Type of Document: f�n/"� NO Document Date: Signers) Other-Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual O Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: a1GHfTGFSIVAS HUMSPflINr NMI Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact D Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGrn'THUMSP ""IT OFSIGNER LN 02007National Notary Association -93N De Solo Ave., P.O. Bm 2402•Chatsworlh. CA 01313- 2402- ...NalionelN.mry.org Ilea, N5907 Reortlen CallTc1l Free 10006]6 -6627 n State of California County of C Q ajN4j 6 1�-- On Date personally appeared KIMBERLY D. SIMMS Conanission * 1814217 Now PUMIC - Cdifornio orange County MY Com. Ex Ire: Se 20.2012 w Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Z ESS my h nd and official seal. tire /Ignatute of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT' OF SIGNER •• of thumb here 00 Number of Pages: Signer's Name: ❑ Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 02007 National Notary Associatwn - 9350 De Soto Ave, PO Boot 2402 - Chatsworth, CA 91313.2402 - www NationalNotary org Item #5907 Reorder Call Toll -Free 1- 800 -876 -6627 ®i U. S. SPECIALTY INSURANCE COMPANY F 9841 AIRPORT BOULEVARD, 9TH FLOOR, LOS ANGELES, CA 90045 (310) 649 -0990 E Bond No. 1000819766 Premium $ Included In performance Public Works - Labor & Material Bond KNOW ALL MEN BY THESE PRESENTS, That we, Great Scott Tree Service, Inc. as Principal, and U. S. SPECIALTY INSURANCE COMPANY, a Corporaton oraganized and existing under the laws of the State of Texas , and authorized to transact a general surety business in the State of ' as Surety, are held and firmly bound unto City of Seal Beach, 211 8th Street, Seal Beach, CA 90740 , as Obligee, in the sum of Eighty Thousand Five Hundred Eighty and 00 /100 Dollars ($ 80,580.00 )� lawful money of the United States of America, for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, jointly and severally, firmly by these presents THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, that WHEREAS, the above bounden Principal has been awarded and has entered into a contract dated 3/31/09 with the Obligee to do and perform the following, to wit: 2009 Annual Tree Pruning. NOW, THEREFORE, if the above - bounden Principal or his subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 6th day of April 2009 Great Scott Tree Service, Inc. U. S. SPECIALTY INSURANCE COMPANY. T rlerela, I Attorney -in- Fact.' HCCSCA 190B 10/05 0 cj >: S�-.�i;':Si: caS ci.S;�jilc_i; �3S::�i; . i;'•jSl:j$; c.S yS; cjucS<:S yS; Lji,lc�S i;. ��i.;}] S; �S;: 2S; cTi; �Sl '.!`.j>:`•jC:�S;:ai;.:li;.cTl; Gai,;: jS.c: S;c�i. jS �i.;Lal; �ia;�iS:�rS, c_i.;cjS,l�� State of California County of LOS ANGELES On AeA4 L TA9 before me, ROCHELLE A. HILL, A NOTARY PUBLIC Date I Here Insert Name and Me of the Officer personally appeared ARIEL T. HEREDIA Nome(s) of Signer(s) ����ROCMELLE',WA�j_N_JL_L ission 94 Notary Public - California Los Angeles County 1 1@MVC0MM-8q*MJan3,2oio R V V V V V VV who proved to me on the basis of satisfactory evidence to be the personko whose namejA isAm subscribed to the within instrument and acknowledged to me that hek4sltlaey executed the same in him authorized capacity(, and that by hisAierkei+r signature4o on the instrument the person4e', or the entity upon behalf of which the person(e+ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Coal AYwa Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 600"'s Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 02007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 - Chatsworth. CA 91313 -2402 - www.NationalNotaryorg Item #5907 Reorder- Call Toll -Free 1 -BOD- 878.8827 0 ,> > ,> State of Califor is County of On �t_ 9 j Z.C'Ug before me, oath _ personally appeared KIIIIIIIIIIIIII13ILT 0. SNYM IDIM7CIMMINIM1011111114217— Nogg+ POo - CdNwda Cattio. 1 0 who proved to me on the basis of satisfactory evidence to be the personJ,s'jwhose namP,Fs'j is/are-subscribed to the within instrument and acknowledged to me that he /sgeAhey executed the same in his/# eir authorized capacityoes), and that by his/her/their signatureWon the instrument the person or the entity upon behalf of which the personxacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official seal. ?). C Si nature Place Notary Seal Above Signa re of ary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER ... I - -7(o(4 Number of Pages: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General MICH • Attorney in Fact • ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here A I�Nlllllllilm�l llh��I' a��IIIIIIFoI�i�llllll��llllllllll� '' � c ;;'� ' � �' POWER OF ATTORNEY -- m nulllllllulalllu III ���I!r� It AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETYI COMPANY ! U $. SPECIALTY INS. cRANCE COMPANY - MINI" ININNII' INININIIiI��i41�I��1'HNI�G, , . - -- K_NOW.ALU.MEN'BY T}IESE PRESENITS: That American Contractors Indemnity Company, a'Califomia corporation Unrted States Surety Company, a Maryland corupora[ion and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies "), do by these presents make, constitute and appoint: Frank Mester, Ariel T. Heredia, Tah Carazza, Michael Chalekson or Adam Feinberg pppppp of--Los Angeles, Cahfornia- its true land lawfu nAttomey(s) in-fact eaoh tn_thetr_separate capacity if more than one is _named above, with full power andlauthonty �f fll .um , uumou I,Ig niu aar ^v:dmm�,� hereby conferred i its name, i laceandstead, -[o =ex execute, acknowledge and deliver any,and.allbonds, recog izances >lundertakmgs or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed * * ** *Three Million * * * ** Dollars ($ * *3,000,000.00 ** ). This Power of Attorney shall expire without further action on March 18, 2011. This Power of Attorney is granted under and by authorit"f the following resolutions adopted l bye I� the Boards of Directors of the (Companies. Illllllllllllullll uq���Vll; a Illlllll mIII�V IIIIIIIII4111�imi �h u Be it Resolved, that the President, any YicePresident, auy Assatan[ Vtce- President, any Secretary or any Assistant Secretary shall be and,is hereby vested wifh':full ' - ininw olio u•. Timm i�ynm 'won i _ power and authority to appoint any one or more suitable persons as Attomey(s) -in -Fact to representPanJ acf for and on''behalf of the Company. subject to the_followmg provisions:° "�IIolllidJ V� 111111 - .ominiilim" mom 'f 1 — - Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey -in -Pact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary . - -- - or,mou 711111e 911111,uIIIpIUI QIII Be ui'Resolved that the signature of any authorized officet and sealof the Company heretofore or hereafter affixed to any power of attorney or, any cemficate relating!) ...lnmm. JIIIIG, thereto by facsimde,: and any power of attorney or certlficale bearing facsimile signature or facsimile seal shall be valid and binding upon the Comp ny wiihresjiec4lo any bond or undertakin to which it is attkhed y g IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 15`h day of July, 2008. AMERICAN. CONTRACTORS Corporate Seals _ �tvcrav�FO� t 3 pmWMAn = stn a,iWG -' a` 4roDt� (State of California% County of Los Angeles SS: STATES SURETY; COMPANY iU.S'. SPECIALTY INSU CE RAN COMPANY= G ilul III l, EAL �2.` + J) � By: - P, " Daniel P. Aguilar. Vice President On this 15" day of July, 2008, before me, Deborah Reese, a notary public, personally appeared Daniel P. Aguilar, Vice President of ry United States Surety Company and U.S. Specialty Insurance Company who proved-to me- on the basis _ofsatisfacto guide e'"I'll o boeillthilel�lpeisiionlwhose name is subscr�bedllto� the within instrument and acknowledged to me_that which- theperson(s) acted, executed,thel instrument. Jll�llll I� it instnment dhe,person(s), or the entity_upon behalf of - -he executed the same in his authonzed�capa&y Jand t0llby his signature onithel, — — ae"a a ri t u own, ����� — I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal _ DD30RAN 172 �' ,: - Common s t72A317 huh i �I III - Conical Sr nature t n2Ge Seal ( _) 4 tw�uwew. county � I I I ^ r,y�a,rxaieson I�� Ih' I 1, Jeannie J. Kim, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors set out in- iou ilN� .- -of Witness rWh�eof, I have here hand l�hd ffilzl�ed the seals of saidlCompames at Los Angeles, Cahfornia= -this (Ofk- day _the Power of Attorney me are m full fNNo IN�R� Corporate Seals � nin IIIIII'dlll"IIIIIIIIIII BondlN o� 1 00819�-(r4 imm�aeno= __B$EAL` c - JeaeJ Kiro,AssistantSecretaryi������ Agency No. 9079+y ^uuuullllliwul I - - - mwuumum IIIIIIIN .a1111llrn d�N�N��������Ci. � 14 h "'