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HomeMy WebLinkAboutAGMT - Travers Tree Service (Tree Trimming Parks & Greenbelt) r . AN AGREEMENT FOR TREE TRIMMING between *, City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 TRAVERS TREE SERVICE PMB 7000 -416 PALOS VERDES PENINSULA, CA 90274 THIS AGREEMENT is made and entered into this First day of October, 2008, by and between the City of Seal Beach, a California charter city ( "City "), and Travers Tree Service ( "Contractor "). 1 S7296- 0200 1073470v7.doc \ APPENDIX A I. CONTRACT DOCUMENTS The following "Contract Documents," shall comprise the entire agreement: A). PRE -AWARD DOCUMENTS • Notice Inviting Bids • Instructions to Bidders • 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 these documents • HUD 4010, Federal Labor Standards Provisions (if federal funds are used) • Federal Salary Guidelines - General Decision (if federal funds are used) B). AGREEMENT AND ATTACHMENTS • Standard Agreement with the following exhibits: • a. Faithful Performance Bond • b. Payment Bond (Labor and Materials) • c. Worker's Compensation Insurance Certificate • d. Insurance Endorsements • e. Acknowledgment of Penal and Civil Penalties Concerning Contractor Licensing Laws • f. Labor Law Requirements C). AMENDMENTS OR ADDENDA II. INSURANCE, INDEMNITY AND LIQUIDATED DAMAGES The Contractor shall carefully read all provisions of the Contract Documents, which require, among other things, insurance, defense and indemnity obligations of the Contractor, and liquidated damages liability. By submitting the Proposal, Contractor warrants and represents that it fully capable and willing to perform its various obligations set forth in the Contract Documents. S7296-000 1 \ 1073400v3.doc RECITALS A. WHEREAS, the City Council has approved the plans and specifications for the Tree Trimming ( "Project "); B. WHEREAS, Contractor has submitted a bid to City for the Project dated September 26, 2008. 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. 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) and Labor Law Requirements (Exhibit F) 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 Owner. 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. 2. Effective Date. This Agreement is effective as of October 1, 2008 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 2 S7296-0200 \S7296-0200\1 073470v7. doc • 3. Payment. For performing and completing the work in accordance with the Contract Documents, Owner shall pay Contractor, in full compensation therefor, the contract sum set forth in the Bidding Schedule. 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. Owner 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. 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. 5. 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 3 S7296 -0200\ 1073470v7.doc • • independent contractors in the role of City officials (collectively "Indemnitees ") free and harmless from any and all claims, damages, penalties, obligations, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including without limitation wrongful death, bid protests, and stop notice actions, 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 the City or the other Indemnitees. 5.2 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. 5.3 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. 5.4 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. 6. 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. Contractor shall complete and execute the following documents attached as Exhibits hereto and incorporated herein by this reference: 6.1.1 Exhibit D -1: Additional Insured Endorsement - Commercial General Liability 6.1.2 Exhibit D -2: Additional Insured Endorsement - Automobile Liability 4 S7296 -0200\ 1073470v7.doc • 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 1 (any auto). 6.2.3 Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. 6.2.4 Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. 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 accident for bodily injury and property damage. 6.3.3 Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 6.4 Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to 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. 5 S7296-0200 \S7296-0200\1 073470v 7. doc • . 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 the 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 A:VII 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. 7. 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 Owner for the additional expense and damage for each calendar day that the Contract remains uncompleted after the Contract completion date. It is agreed that the amount of such additional expense and damage incurred by reason of failure to complete the Contract is the per diem rate $ per calendar day. Such amount is hereby agreed upon as liquidated damages for the loss to the Owner 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 Owner 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. 6 57296 -0200\ 1073470v7.doc • • �► 8. 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. 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 Clerk City of Seal Beach 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: Traverse Tree Service PMB 7000 - 416 Palos Verdes Peninsula,CA.90274 Telephone: 310- 545 -5816 Fax: 310 -534 -3020 10. 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. 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. 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 7 S7296 -0200\ 1073470v7.doc • 1 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. 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 with such enforcement or interpretation. 14. 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. 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. 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: B ' - y: y: e 0A A. • Ir k.. [Mayor - City anager] Name: :sr) . re zei 1,- Title: V t ce Qre td r r -, Attest: `. , ` _ !try By: By / / V j1,1,1. ^ Lin a Devine, City Clerk Name: WLei2te, Guerre L . T 4 - Title: A%-r. c 5 ecrer - •f Approved as to Form: By: p---)-)„ Quinn M. Barrow, City Attorney Post - it® Fax Note 7671 Date/007 I Pa° g es 2 2 To From / • \ /. � .. G 177 4,,W.MAIWAMILFW Pho• ,27 Phone itst,v )F 2 3 92z) Fax - 2 770 Fax # '✓ %, � 5-( ;j � "X i 8 S7296 -0200\ 1073470v7.doc ACORD. CERTIFICATPOF LIABILITY INSURANCIP OPID DV DATE(MDD/YYYY) TRAVE -4 MI 09/02/08 • PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ogilvy -Hill Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 929 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara CA 93102 Phone: 805- 966 -4101 Fax: 805- 966 -7810 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Praetorian Insurance Company 37257 INSURER B: Landmark American Ins. Co. M s . Ma rs Tree Inc. INSURER C: Majestic Insurance P.O. Box 70yyse D0-416 INSURER D: Palos Verdes CA 90274 INSURER E: COVERAGES 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRC TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY (;Al010000482 03/15/08 03/15/09 PREMISES(Ea $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 C X RR Protective LHA131205 02/21/08 02/21/09 PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 7 POLICY X PRO JECT - LOC AUTOMOBILE LIABILITY A X ANY AUTO CAH010000482 03/15/08 03/15/09 (Ea accident)INGLELIMIT $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE _ $ RETENTION $ $ WORKERS COMPENSATION AND X TOORY RY L IMM ITS S E ER LIMITS C EMPLOYERS' LIABILITY 58485 09/01/08 09/01/09 E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1, 000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER C RR Protective LHA131205 02/21/08 02/21/09 Gen Agg $2,000,000 Occurence $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *10 Days Notice of Cancellation for Non - payment of Premium. RE: Tree Trimming of Parks and Greenbelt. The City of Seal Beach, Its Elected Officials, Attorneys, Agents, Employees, and Volunteers are named as Additional Insured under the General Liability per the attached form CG2010 07/04. Insurance is Primary and Non - Contributory per the attached »»»» CERTIFICATE HOLDER CANCELLATION CIT-2 11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN City of Seal Beach NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn: Director of Public Works IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 211 8th Street 2nd Floor Seal Beach CA 90740 REPRESENTATIVES. AUTHO50,172 E$ENTATIVE ACORD 25 (2001 /08) /is © ACORD CORPORATION 1988 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT sc✓3�if'a rill t .;;A SA<p c..slos A9ii tina;sx.reslcis sC"tAsr.,acnvca,cirs znxislc t,a 1t ag;-:lavr6 Vrsta- ° State of California to IL) 1. ss. 5 t County of i-OS Anr :A y�/ .. rr n I 'aI On Ortabet Z( woe) , before me, !// I Se, N4T 1240AG 5 Date ' _• ��,N/ame a d/Title of Officerr((e.g..," ne Doe,Notary Public) �E personally appeared omfrid ).zv&1W1 Si kle�e &..r /eriez- • Name(s)of Signer(s) S personally known to me 4 ❑ proved to me on the basis of satisfactory g t evidence 3 4 to be the person(s) whose name(s) Aare subscribed to the within instrument and P 4 acknowledged to me that he/they executed y he/she/they the same in I11s4w/their authorized Ce capacity(ies), and that by hisfher/their 0 r, signature(s) on the instrument the person(s), or t. the entity upon behalf of which the person(s) Rs, . acted, executed the instrument. +' x� MARY KFtSE• 4 ? (�,a',`'"7;NOTARY UBLIC-CA FFOORNAO W k E �'g my ham, and official seal. g k �.`Q LOS ANGECFS COUNTY 0 / 9 Ca I- COMM.OCR FEB.6,2207-' A Si Place Notary Seal Above Signature of otary Public %, OPTIONAL i Though the information below is not required by law, it may prove valuable to persons relying on the document 0 and could prevent fraudulent removal and reattachment of this form to another document 0 Description of Attached Document g Title or Type of Document: S lE S k Document Date: Number of Pages: 1 4 g ( Signer(s) Other Than Named Above: 's) Capacity(ies) Claimed by Signer q Signer's Name: RIGHTT THUMBPRINT A ❑ Individual oPSroNBa"�' �� 4 Top of thumb here ❑ Corporate Officer—Title(s): El Partner Limited ❑ General y ❑ Attorney in Fact k ❑ Trustee g ❑ Guardian or Conservator k Other: 's 2 pp `e ..; ?x' Signer Is Representing: g esC~.z..r,«: z+�w. z e.x:�x'92:W :rux3t.ziltPrWz ds93 x.Kg4:9 a :~/Olv 4W4W.xea2ti.�; 973W4WaU+ti.SS 01997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 • • EXHIBIT A FAITHFULL PERFORMANCE BOND Exhibit A, Page 1 57296-0200\1073470v7.doc • • jf • _ "Premium is for contract term and is subject to adjustment based on final contract price" SureTe Premium: $512 . 00 Bond No 4370711 PERFORMANCE BOND — PRIME OR GENERAL CONTRACTOR (Public Works) KNOW ALL BY THESE PRESENTS that [Block containing name and address of Contractor/Principal] Travers Tree Service, Inc. PMB 7000-416 Palos Verdes Peninsula, Ca. 90274 as Principal, and SureTec Insurance Company 952 Echo Lane, Suite 450 Houston, Texas 77024 as Surety, are held and firmly bound unto [Block containing name and address of Owner/Obligee) City of Seal Beach 211 8th Street Seal Beach, Ca. 90740 as Obligee in the amount of Twenty Thousand, Four Hundred Sixty-five and no/100 Dollars $20, 465. 00 , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns firmly by these presents. The combined aggregate liability of the Surety shall be limited to the above stated sum, not withstanding anything to the contrary in the below stated Contract. WHEREAS, Principal has by written agreement dated 1 0-01 -08 entered into a contract (referred to here as "Contract") with Obligee for the performance of • Tree Tri mming to Vari nus Sites (the Contract "Work") NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Principal shall perform the Work required by the Contract, then this obligation shall be null and void, otherwise it remains in full force and effect. If there is no Obligee default, the Surety's obligation shall arise after the Obligee has notified the Contractor and the Surety at the addresses set forth above that the Obligee is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after Surety's receipt of such notice to discuss methods of performing the Work to be performed under the Contract; and if such meeting is not successful, the Obligee has declared a Contractor Default and formally terminated the Contractor's right to complete the Contract Work. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as • • provided above and Obligee has agreed to pay the Balance of the Contract Price to the Surety or to a contractor selected by Surety to perform the Contract Work. Whenever Principal shall be, and be properly declared by Obligee to be, in default under the Contract and the Obligee has terminated the Contract, the Obligee having performed Obligee's obligations thereunder, the Surety may: (1.) Remedy the default subject to the provisions of paragraph (4.) below; or (2.) Arrange for the continued performance of the Work under the Contract subject to the provisions of paragraph (4.) below. (3.) Deny liability in whole or in part and notify the Obligee citing the reasons therefor, in which event Obligee shall be entitled to pursue such remedies as may be available to it at law, subject to the terms and limitations hereof. (4.) The Balance of the Contract Price, as defined below, shall be credited against the reasonable cost of completing performance of the Contract. If completed by the Obligee, and the reasonable cost exceeds the Balance of the Contract Price, the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety arranges completion or remedies the default, that portion of the Balance of the Contract Price as may be required to complete the Contract Work or remedy the default and to reimburse the Surety for its outlays shall be paid to Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract. The term "Balance of the Contract Price" as used in this paragraph shall mean the total amount payable by Obligee to Principal under the Contract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the Contract. As a further condition precedent to coverage under this Bond, Obligee must give Surety the written notice stated above no later than one (1) year from the earliest to occur of the following: (i) the date of any abandonment of the Contract; (ii) the date final payment is made to the Principal under the Contract; or (iii) the date the Principal last performed Work under the Contract. Any default declared or claim made by the Obligee outside of this timeframe is not covered by this Bond. No right of action shall accrue on this bond to or for the use of any person or entity other than the Obligee named herein. By acceptance of this bond, Obligee agrees with Surety and Principal that no suit shall be filed on this bond after two years from earliest date in sections 0)-(iii) of the immediately preceding paragraph, nor may suit be brought other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere; provided, however, if the limitation or period of time to make claims herein are prohibited by any law, then such limitation or period of time shall be deemed to be amended so as to be equal to the minimum period of limitation or notice allowed by such law. The terms and conditions of this Bond shall be binding upon Principal, Obligee, and Surety, and their respective successors and permitted assigns. Obligee may not assign this Bond or any rights hereunder without the express written consent of Surety. Signed and sealed this 6th day of October , 2008. Principal: Travers Tree Service, Inc. Signature: Name : - Title : .41/ -nnWaffil • • SureTec Insurance Company Signature: • Name : .. . f: ...c. Title : Attorney-in-Fact ACKNOWLEDGMENT State of California Los Angeles County of On 1 0-06-2008 before me, Christopher John Rizzotti, Notary • (insert name and title of the officer) • personally appeared David Noddle 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'ENALTY OF PERJURY under the laws of the State of California That the foregoing paragrap is'trJe and correct. ..S4,, (HRIS(OPH(R JOHN RIZumIII N ��.,.� �� Commission # 1639032 r a - Notary Public - Canfornia WITNES my hand and official seal. J LOS ANGELES County 3 My Comm Enpi-es JA=11 2U1v/ ry � .� i Signature / (Seal) Signature of Officer • • • EXHIBIT B PAYMENT BOND Exhibit B, Page 1 57296-0200\1073470v7.doc • "Premium Included In performance SandS U r eTe Bond No4370711 LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK- CALIFORNIA KNOW ALL BY THESE PRESENTS that [Block containing name and address of Contractor/Principal] Travers Tree Service, Inc. PMB 7000-416 Palos Verdes Peninsula, Ca. 90274 as Principal, and SureTec Insurance Company 952 Echo Lane, Suite 450 Houston, Texas 77024 as Surety, are held and firmly bound unto [Block containing name and address of Project Owner/Obligee] City of Seal Beach 211 8th Street Seal Beach, Ca. 90740 as Obligee in the amount of Twenty Thousand, Four Hundred Sixty-five and no/100 Dollars $ 20, 465. 00 , for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns firmly by these presents. The combined aggregate liability of the Surety shall be limited to the above stated sum, not withstanding anything to the contrary in the below stated Contract. WHEREAS, Principal has by written agreement dated 10-01 -08 entered into a Contract (referred to here as "Contract") with Obligee for the performance of Tree Trimming @ Various Sites (the Contract "Work"); NOW, THEREFORE, if the above-bounden Principal or its 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 LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK-CALIFORNIA Page 1 of 2 • • • 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 and sealed this 6th day of October , 2008. Principal: Travers Tree Service, Inc. Signature: a a II,CO/i. _ Name : ri Title : //ire- ,,,A SureTec Ins - nce Company Signature: Name : Da T od• e Title : .rney-ice LABOR AND MATERIAL PAYMENT BOND PUBLIC WORK-CALIFORNIA Page 2 of 2 • ACKNOWLEDGMENT State of California Los Angeles County of ) On 10-06-2008 before me, Christopher John Rizzotti, Notary _ (insert name and title of the officer) personally appeared ,David Noddle 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. �, �•"�"�'>, (NRiSior lOEte Bi1I0Ili �' Commission # 7639032 Ffil WITNESS my ha d td official seal. Notary Puoiic -Caurumie J LOS ANGELES County r / 7 My Comm Eapues . vn 7IV2u jut ✓/ V Y r tl � V Y Y V V �. Signature (Seal) Signature of Officer . • • • l'OA u: 510010 SureTec Insurance Company . LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint . David Noddle of Tarzana, CA its true and lawful Attorney(s)-in-fact, with fill power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or -other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 10/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may he given full power and authority for and in the name of and of 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 Attorney-in-Fact shall he binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate hearing facsimile signature or facsimile seal shall he valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20tbday ofJune, A.D. 2005. '.. m rSURETEC Ir ' RANCE COMPANY #W`'.!/.;�9 i By: rat i(u ! B.J.Ki reside t e:, g t 2p State of Texas ss: ms`id 1 `;F County of Harris On this 20th day of June, A.D. 2005 before me personally came B.J. King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument: that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal: that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. Michelle Denny �o" t Notary Public n t Stale 01 Texas ' y FU �.{iL t tits „g�.�r5 My Commission Expires Michelle Denny,Notary Piddle August 27, 2008. My commission expires August 27,2008 I,M. Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect;and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 6th day Oct nbe. ,2008 ,A.D. • iii if i- . Brent Bea , • `sistant Sec'•tary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. • • EXHIBIT C WORKER'S COMPENSATION INSURANCE CERTIFICATE Exhibit C, Page 1 57296-0200\1073470v7.doc E541..; 1;) ; 4- C • •RTHOLDER COPY SL STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-01-2008 GROUP: 000290 • POLICY NUMBER: 0001904-2008 CERTIFICATE ID: 87 CERTIFICATE EXPIRES:09-01-2009 09-01-2008/09-01-2009 CITY OF SEAL BEACH SL 211 8TH ST SEAL BEACH CA 90740-6305 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the • California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. HORIZED REPRESENTATI PRESIDENT ''.`'"�v, EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - RICK TRAVERS, PRESIDENT - EXCLUDED. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2008 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER TRAVERS TREE SERVICE INC SL PO BOX 7000-418 PLS VRDS PNSL CA 90274 [BI8,SL] Itrev.2-o5I PRINTED : 10-02-2008 • • EXHIBIT D-1 ADDITIONAL INSURED ENDORSEMENT COMMERCIAL GENERAL LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING COMMERCIAL GENERAL LIABILITY] Exhibit D-1, Page 1 57296-0200\1073470v7.doc •g,o e\�r- p -\ ACORD CERTIFICA#OF LIABILITY INSURANCE OP ID DV DATE(MMIDD/YYYY) TRAVE-4 10/02/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ogilvy-Hill Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 929 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara CA 93102 Phone: 805-966-4101 Fax:805-966-7810 INSURERS AFFORDING COVERAGE NAM* INSURED INSURER Pc Praetorian Insurance Company 37257 INSURER B: Majestic Insurance Company Traver's Tree Service Inc. INSURER C: P.O. Box 7000-416 INSURER D: Palos Verdes CA 90274 INSURER E: _ COVERAGES 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 MID CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH ADU'L POLICY EFFECTIVE Y EXPIRATI N LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE(MMVD/YY) DATE(MMIDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY CAH010000482 03/15/08 03/15/09 PREMISES(Eatoatrnm) $100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL 8 AOV INJURY $1,000,000 X Wrkmnship Error 1 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY JEC LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 A X X ANY AUTO CAH010000482 03/15/08 03/15/09 (EeecciBenI) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY accident) $ NON-OWNED AUTOS (Per amGenl) PROPERTY DAMAGE (Per accident) -- GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ —_ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ / $/ / / WC WORKERS COMPENSATION AND X TORY LIMMITS OTH- RY ITS ER B EMPLOYERS'LUIBILRY C200806362-01 09/01/08 09/01/09 E.L.EACH ACCIDENT $1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE Oyes,de/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1000000 If SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER — DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *10 Days Notice of Cancellation for Non-payment of Premium. RE: Various Tree Trimming Throughout The City of Seal Beach, CA. The City of Seal Beach, Its Elected Officials, Attorneys, Agents, Employees, and Volunteers are named as Additional Insured under the General Liability per the attached form CG2010 07/04 and under the Auto Liability >>>>>>>>> CERTIFICATE HOLDER CANCELLATION SEA-211 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Seal Beach IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER,ITS AGENTS OR 211 8th Street Seal Beach CA 90740 REPRESENTATIVES. AUTHO/1G d FRNTATIVE ACORD 25(2001/08) // ©ACORD CORPORATION 1988 • • EXHIBIT D-2 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY [INSERT INSURANCE CERTIFICATE SHOWING AUTOMOBILE LIABILITY] Exhibit D-2, Page 1 57296-0200\1073470v7.doc POLICY NUMBER: CA H010000. •Exh`b , COMMERCIAL AUTO PI CA 20 10 05 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below._ Endorsement effective 09/05/2008 PRAETORIAN INSURANCE COMPANY Named Insured Countersigned by T — raver's Tree Service, Inc. (Authorized Representative) WHO IS AN INSURED (under Section II—Liability Coverage,A.1) is amended to include as an "insured"the person or organization shown in the Schedule with respect to the operation, maintenance, or use of a covered"auto"you own if: 1) You are obligated to add that person or organization, as an additional insured to this policy by: a. an expressed provision of an"insured contract", or written agreement; or b. an expressed condition of a written permit issued to you by a governmental or public authority; and 2) The"bodily injury"or"property damage" is caused by an "accident"which takes place after: a. You executed the"insured contract" or written agreement; or b. The permit has been issued to you. SCHEDULE — Name Address _ City Of Seal Beach, It's Elected Officials, attorneys, 211 8th Street 2nd Floor Agents, Employees &Volunteers Attn: Director of Seal Beach, CA 90740 Public Works PI CA 20 10 05 07 Page 1 of 1 a-2 2 POLICY NUMBER: H01000048. 00 04 CA COMMERCIAL AUTO PI CA 24 04 08 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM We waive any right of recovery we may have against any additional insured under Section II — Liability Coverage, A. Coverage, 1. Who is An Insured, c. because of payments we make for injury or damage, but only as respects loss aris- ing out of the operation, maintenance or use of a covered "auto" you own pursuant to the provisions of the 'insured con- tract",written agreement, or permit. PI CA 24 04 08 07(AutoWaiver) Includes copyright material of Page 1 of 1 Insurance Services Office, Inc • • EXHIBIT D-3 ADDITIONAL INSURED ENDORSEMENT [INSERT INSURANCE CERTIFICATE SHOWING PROFESSIONAL INSURANCE LIABILITY] Exhibit D-3, Page 1 57296-0200\1073470v7.doc t' 1,510 b- D-3 f l ACORD_ CERTIFICA4PE OF LIABILITY INSURA$E OPID DV DATE ryWDDYYYY) ?RAVE-a 10/02/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ogilvy-Bill Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P. O. Box 929 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara CA 93102 Phone: 805-966-4101 Fax:805-966-7810 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Praetorian Insurance company 37257 INSURER B: Majestic Insurance Company Traver's Tree Service Inc. INSURER C: P.O. Box 7000-416 INSURER D: Palos Verdes CA 90274 INSURER E: COVERAGES 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,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. RISK AUU1. POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DDIYY) DATE(MWDD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY CA8010000482 03/15/08 03/15/09 PaTlses(Eamx.l rence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5,000 PERSONAL SADV INJURY $1,000,000 _ X Wrkmnship Error 1 GENERAL AGGREGATE $2,000,000 GEM_AGGREGATE UMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY n JECaT LOC AUTOMOBILE LABILITY COMBINED SINGLE LIMIT A X X ANY AUTO CAH010000482 03/15/08 03/15/09 (Eanl) $1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LABILITY AUTO ONLY EA ACCIDENT $ ( AUTO OTHER TWW EA ACC $ JAUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X OCS IMITS ER- TORV LIMITS ER B EMPLOYERS'LIABILITY C200806362-01 09/01/08 09/01/09 E.L.EACH ACCIDENT $1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1000000 K tlesolbe antler _ SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLESI EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Days Notice of Cancellation for Non-payment of Premium. RE: Various Tree Trimming Throughout The City of Seal Beach, CA. The City of Seal Beach, Its Elected Officials, Attorneys, Agents, Employees, and Volunteers are named as Additional Insured under the General Liability per the attached form CG2010 07/04 and under the Auto Liability >>>>>>>>> CERTIFICATE HOLDER CANCELLATION SEA-211 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.BUT FAILURE TO DO SO SHALL City Of Seal Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 211 211 8th Street et Seal Beach CA 90740 REPRESENTATIVES. AUTH0II// 7T NTAYNE ACORD 25(2001108) ©ACORD CORPORATION 1988 • • EA 151)- D.3 f2- a IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) £&\0a- ;-S 95. 3 ,411 TRAVE-4 NOTEPAD: NSURED'SNME Tra erls Tree Service Inc. OPID DV DATE 10/02, 08 per the attached form PI CA 20 10 05 07. Insurance is Primary and Non-Contributory per the attached form CG2010 07/04. Waiver of Subrogation applies to the General Liability per the attached form CG2404 10/93 and to the Auto Liability per form PI CA 2404 08/07. • POLICY NUMBER: CAH010000482 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations Blanket as required by written contract. Blanket as required by written contract. It is agreed that such insurance as is afforded by this policy for the benefit of the additional Insured shown shall be primary insurance, and any other insurance maintained by the additional Insured(s) shall be ex-cess and noncontributory as respects any claim, loss or liability allegedly arising out of the operations of the named insured, provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. Information required to complete this Schedule,If not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to in- B. With respect to the Insurance afforded to these addi- dude as an additional Insured the person(s)or organi- tional Insureds,the following additional exclusions ap- zation(s)shown in the Schedule, but only with respect ply: to liability for "bodily Injury", "property damage" or This insurance does not apply to °bodily injury' or "personal and advertising injury°caused, In whole or in "property damage"occurring after part,by: 1. Your ads or omissions;or 1. All work, Including materials, parts or equipment furnished in connection with such work,on the pro- 2. The acts or omissions of those acting on your Jed(other than service,maintenance or repairs)to• behalf; be performed by or on behalf of the additional in- In the performance of your ongoing operations for the sured(s) at the location of the covered operations additional insured(s) at the location(s) designated has been completed;or above. 2. That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same pro- ject CG 20 10 07 04(Blkt) ®ISO Properties, Inc.,2004 Page 1 of 1 •-e&L;\ F- 0 -s Pt S • POLICY NUMBER: CAI1010000482 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket as required by written contract. (If no entry appears above, Information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition(Section IV—COMMERCIAL GEN- ERAL LIABILITY CONDITIONS)Is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown In the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or°your work°done under a contract with that person or organization and Included In the 'products-completed operations hazard'.This waiver applies only to the person or organization shown In the Schedule above. CG 24 0410 93(Blkt) Copyright,Insurance Services Office, Inc, 1992 Page 1 of 1