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West Coast Arborists Inc (2009) 111 CITY OF RANCHO PALOS VERDES CONTRACT FOR: Tree Trimming/Maintenance Project FY 09-10, 10-11, 11-12 This Agreement is made and entered this day of J U" y , 2009, by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City" and West Coast Arborists,Inc., hereinafter referred to as "Contractor." WHEREAS, Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by this reference; WHEREAS, City desires to contract with Contractor to perform the services detailed in this contract, including the Proposal; and WHEREAS, Contractor has represented that it is fully qualified to assume and discharge such responsibility. NOW,THEREFORE,the parties hereto do agree as follows: 1. Scope of Services. City hereby employs Contractor to perform the work and provide the services and materials for the project identified as: Tree Trimming/Maintenance Project FY 09-10,10- 11,11-12, as described in these Plans and Specifications, attached hereto as Exhibit "A" and incorporated herein by this reference, including miscellaneous appurtenant work. Such work shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, document entitled "Standard Specifications." In the event of any conflict between the terms of this agreement and any of the above-referenced documents,the terms of this agreement shall be controlling. 2. Term of contract. This Agreement shall commence on / JUL-•1 2 QV9 and shall terminate on30 a)He 20 I a. . Immediately following, the City and Contractor may extend the Agreement for three(3)one-year extensions based on their mutual written agreement. 3. Time. Upon receipt of written Notice to Proceed from the City, Contractor shall perform with due diligence the services requested by the City and agreed on by Contractor. Time is of the essence in this Agreement. 4. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid according to the prices as submitted on the Bid Sheet of the Proposal, , attached hereto as a part of these Plans and Specifications in Exhibit"A"and in accordance with the Special Provisions. 5. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees, except as herein set forth, and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement. Contractor shall have no power to incur any debt, C- R6876-0001/1148462v3 '4 obligation, or liability on behalf of the City or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes, assessments,penalties, and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Article. 6. Assignment. Neither this Agreement nor any part thereof shall be assigned by Contractor without the prior written consent of the City. Any such purported assignment without written consent shall be null and void, and Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from any unauthorized assignment. 7. Termination. This Agreement may be canceled by City at any time without penalty upon thirty (30) days' written notice or by Contractor upon 120 days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder. 8. Workers' Compensation Insurance. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 9. Prevailing Wages. Contractor acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers' compensation, or to undertake self- insurance in accordance with the provisions of that code and certifies compliance with such provisions. Contractor further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft, classification, or type of workman needed to execute this contract. 10. Contractor's License. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect a Class C-27, D-49, or C-61 Contractor's license and must also have a certified arborist on staff. 11. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for City of Rancho Palos Verdes Public Works Contract; Payment Bond (Labor and Materials); Performance Bond; Workers' Compensation Certificate of Insurance; Agreement to Comply with California Labor Law Requirements; Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution; Additional Insured C - 2 R6876-0001/1148462v3 • Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement(Excess Liability). 12. Conflicts of Interest. Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve (12) months after completion of the work under this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code Sections 1090 and 87100) in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 13. Suit; Recovery of Attorney Fees & Costs. Should either party to this Agreement bring legal action against the other, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. Furthermore, if any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, experts' fees, and other costs, in addition to any other relief to which the party may be entitled. 14. Titles. The titles used in this Agreement are for general reference only and are not part of the Agreement. 15. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be modified or amended, or provisions or breach may be waived, only by subsequent written agreement signed by both parties. 16. Construction. 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. 17. 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 the City of any payment to Contractor constitute or be construed as a waiver by the 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 the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 18. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 19. Notice. Except as otherwise required by law, any notice, request, direction, demand, consent, waiver, approval or other communication required or permitted to be given hereunder shall not be effective unless it is given in writing and shall be delivered (a) in person or(b)by certified mail, postage prepaid, and addressed to the parties at the addresses stated below, or at such other address as either party may hereafter notify the other in writing as aforementioned: To City: Jim Bell,Director of Public Works C -3 R6876-0001/1148462v3 a 411 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 To Contractor: Responsible Person: PATRICK MAHONEY West Coast Arborists,Inc. 2200 E. VIA BURTON- ST. 'ANAHEIM, CA 92806 A party may change its address by giving written notice to the other party.Thereafter,any notice or other communication shall be addressed and transmitted to the new address.If sent by mail, any notice,tender,demand,delivery or other communication shall be deemed effective three(3) business days after it has been deposited in the United States mail.For purposes of communicating these time frames,weekends and federal,state,religious,County of Los Angeles or City holidays shall be excluded.No communication via facsimile or electronic mail shall be effective to give any such notice or other communication hereunder. IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. Dated: `�/f /tet West Coa• le fists Contractor"): BY: PATI CK MAHONEY, 'RESIDENT BY: .� RD 77"i NEY, : SECRETARY Dated: 041 The Cityof Rancho Palos Verdes, , A Municipal Corporation("City") BY: ' kf4 '- YOR ATTEST: " •• CITY CLERK C-4 R6876-0001/1148462v3 CALIFORNIA . ALL-PURPOSE ACKNOWLEDGMENT _ •�\ '�Chi:•:Chi'�•'':\'�:••Wil: •`y am•� :\':\�.C�� ? �������li��� .C�'^�' Z ?. T�� *.���Z�2�����C►,•.- State of California County of Orange On 07/13/09 before me, Victor M. Gonzalez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney and Richard Mahoney Narne(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose • = j '-cal, subscribed to the within instru ent and acknowle••ed to me that t: = executed the same ' authorized capacity•,��, and that lamer signatur on the ICTOR M. GONZALEZ instrument the pe or the entity upon behalf of Commission � >7X1287 Notary Public -California = which the person()acted, executed the instrument. County Orange � IIT g Gomm Jan27,2011 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 j B.6 Place Notary Seal Above Signature of ,z 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: Contract for: Tree Trimming/Maintenance Project Document Date: Number of Pages: 4 Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Patrick Mahoney Signer's Name: Richard Mahoney ❑ Individual ❑ Individual 0 Corporate Officer-Title(s): President 0 Corporate Officer-Title(s): Asst.Secretary ❑ Partner-❑ Limited 0 General " ❑ Partner—❑ Limited El General GNT HL, ^'FiPPIr4T ❑ Attorney in Fact F 0 Attorney in Fact El Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: West Coast Signer Is Representing:West Coast Arborists,Inc. Arborists,Inc. 02007 National Notary Association•9350 De Sob Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NalionalNotary.org Item#5907 Reorder:Cal Tot-Free 1-800-876-6827 CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS. 1. By an Individual. The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth. The signature must be acknowledged before a Notary Public,using the proper form of acknowledgment. 2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership. The si atures must be acknowlethed ed before a Nota Public usin the proper form of acknowledgment. 3. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary. The signatures must be acknowledged before a Notary Public, using in substance the following form of acknowledgment. 4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment. STATE OF ) ) SS. COUNTY OF ) On , 20 ,before me,the undersigned,appeared known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) C - 5 R6876-0001/1148462v3 , . 111 'PREMIUM INCLUDED IN PERFORMANCE BOND Bond No.CE7079 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"),has awarded to WEST COAST ARBORISTS, INC. 2200 E. VIA BURTON STREET, ANAHEIM, CA 92860 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Tree Trimming/Maintenance Project FY 09-10. 10-11, 11-12 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and CONTRACTORS BONDING AND INSURANCE COMPANY, 111 PACIFICA, SUITE 350, IRVINE, CA 92618 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED EIGHTY- FIVE THOUSAND NINE HUNDRED NINETY AND NO/100 Dollars($ 185,990.00 ), this amount being not less than one hundred percent (100%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, successors,and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract,the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder,or the specifications for the same, shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code'2845 and 2849. *THE EFFECTIVE DATE OF THE BOND SHALL BE FROM AUGUST 1, 2009 THROUGH JULY 31, 2010, AND SURETY SHALL NOT BE LIABLEC 7 FOR ANY DEFAULTS OR EVENTS ARISING EITHER R6876-0001/1148462v3 *BEFORE OR AFTER THE EFFECTIVE TE OF THE BOND. AT SOLE OPTIONAK THE SURETY, THE BOND MAY ONLY BE RENEWED BY CONTINUATION ORMENEWAL CERTIFICATE, AND/OR RIDEMPETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON-RENEWAL OF THE BOND, WEITHER OR NOT A BREACH OF CONTRACT, SHALL NOT BE CONSIDERED ATIEMUMB�I HE E TIVPERIOD OF BO . INRE two idE�entical counterparts cot t its instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: JULY 10, 2009 "Principal" "Surety" WEST COAST ARBORI TS, INC. CONTRACTORS BONDING AND INSURANCE COMPANY By:: By: k 116. Its PATRIC MAHONEY I MIC 'i' D. a,TONG PRESIDENT ATTORNEY-IN-FACT l By: By: 4117 RICHARD MAHONE Its ASSISTANT S .RY (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS,WATSON&GERSHON A Professional Corporation By: _ By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated,all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. C-8 R6876-0001/1148462v3 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • - !_ _ -gmay. _ -_LIZ•S • ^•9\ State of California County of Orange On 07/13/09 before me, Victor M. Gonzalez,Notary Public Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney and Richard Mahoney Name(s)of Signer(s) who proved toKne on the basis of satisfactory evidence to be the persons whose name( . - subscribed to the within instrument and acknowledged to me that - - tui'executed the same in . - '�:uthorized capac' a and that hisr ler - .igna re(9 on the instrument the persorW, or the entity upon behalf of VICTOR M. GONZALEZ which the persor(s acted, executed the instrument. Commission # 1721287 're.--..7,1,710 Notary Public -California Z Oran e C I certify under PENALTY OF PERJURY under the laws g County '°` Comm. Jan 27,2011 of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ut /{4,6 Place Notary Seal Above Signature of • . OPTIONAL r 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: Payment Bond Document Date: 07/10/09 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Mahoney Signer's Si er's Name: Richard Mahoney ❑ Individual 0 Individual • President x Corporate Officer—Title(s): Asst. Secretary 11 Corporate Officer—Title(s): ❑ po ❑ Partner—❑ Limited 0 General RIGHT THUr.1BPRINT 0 Partner—❑ Limited 0 General RIGHT THLMEPRINT ❑ Attorney in Fact CF SIGNER ❑Attorney in Fact CF SIGNER El Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator 0 Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: West Coast Signer Is Representing:West Coast Arborists,Inc. Arborists,Inc. J -WWWW `WO•WO G,.._• •'•�f•.�L'� '� •t.i• • T•_ _-'•\—:W41.,4, .. • • •\, 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 411 • . - - CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERSIDE On 1//6/01 before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the person(a'f whose name( is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/14.0016r authorized capaci and that by his/her/4116k signature‘efon the instrument the person,K, or the entity upon behalf of which the personacted,executed the instrument. 1 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. • AliriNt 010, �kir-," , ,�.,�, CwO� pM�.#1796916 NOTARY PUBLIC RIVERSIDE COUNTY(Notary Seal) '° My Conant Expit June 7 2012 Signature of Notary Publi4,c Y�t�.�: tT� ,.�^,..�rc�•........c�,..��-cmc.•,..r. ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. cert(fying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the names) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/411.y;-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notaryimpressionmust be clear and seal photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact •: Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other •:- Indicate title or type of attached document,number of pages and date. ti- indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document i I 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com t k �O,:, --: o04yo -_ 60000 - ..'' 000+?O ---::::'::::-•'' - a04pto _ 0-,..-.0-. '400 -- rQ.O.p 00.400 -.. �- 0000 ., 0000 --- ,j,t.00 '-- 000 -„- p0.� - T f.,.. p44Q, � O,OOp � p00p �.. 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Sp°sAu�sq'o�sQo40000000?ov*oop000.:':: po���Qa0o000009tS1'4 000000000ciii,V0407.°10Wflef.cP.7:0'01°..Mse69 b0? 111,4t?00.O340100o0A0 764, 000000oo�#40:0e�:,0:7 0000$0000air,a0p4a0opaTopoQ09000 Tib eS0000¢°0�{4ao,po00o0000 !', :tr°°o°octi:3:171�°°900 a�°�p��a°p°9°,Wettottlii�f iV91sD�a�oo�tl,aap�•� 0°171. 1°.����4o¢��a�0,4#0,4:001Q9 efc0,�o4��°� 0,flo ei.q �44t490tf4,,,,44t fttf 0po,�o�atm.0oty0p.4,5,0001 i,1 g : oat1 . . . . . ..... ::: :...... .::...::.. ..:..:pov o �v � � s ,$ .v. 0 09�ov o ;�$$ �,. lp O oa BF ::::::::::::::21:: .0 O o 0400e am4,o®_ .::: 0,000000°p0 0a�0000 -"4.aQ.rd0000 0°,Ooos- aa�°s�tr LIMITED POWEROF ATTORNEY ���aR°G��°p i! a0.:4-c-- • 00000 ,{, 0 1,, . 4°t oti �1 9Or'1 oQs ro. ! � o c. a 0 4 o • .'i otr r c o �► 0 0. ---4......... 0 0 0 o$o p,oma INSURANCE _ss 0 a9a400000.� 000OooAo X0400 0°a o -._..11%::::44:0:4.0: �oaoaa4eeao Otr000oo000� • '.e.k a 40 i‘i14li Not Valid for Bonds Power ofAttorney v 0:so 1 1. $'fl4ar +IF (Iiu )40011i: {{' gpaw.,�. • < •°G..4.w ecut d �I fel'.A►fit rs APRIL 30TH, 2009 . r:149466 0°000044voo� 41,5.9113 ,..;..,.. .,..- ._OOOO000Q�-- 0 : ; -poe+Ooo8•�::. 0aa e> s 0 0 O 0 O 0 - o -� a 0 b o ° 6 o - 0 t -� a 4 ((h�� RE� _ - , `- ULL Y- to e usedn only wi e bond specified....-.... -----... ,.....-...-.. ........: -.....-... ........-.----- ••••••••••• .....--••:•••••' ••••-•••:•• erer :. -,l11 :::.:.: o0 •,1, 00000® ,��Qrgra f o ..sy 41,1.,:::<.-:::ii---oOnly an unaltered original of this Power of Attorney document is valid.A valid original of this document is printed on gray ::�a°ae°°°o oob000 � .. �a000tr Oo�`0000.. �m0000o e�o°a900. 1 security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Con-ipany(the Company ). �.��a°�o° r f 'r0 80 00� •opo 4G 0.. trtibia,. The original document contains a watermark with the letters``chic"embedded in the paper rather than printed upon it.The I n ry 1 : 4°°'0°Sa. watermark appears in the blank space beneath the words Limited Power of Attorney at the top of the document and is l ®a 4o oo 1,; a •p°°o�°��a4a-- , visible when the document is held to the light.This document is valid solely in connection with the execution and delivery of 1 14'...:::$40;.0000,,�oo 0poao..�OOOOoo000oes - o0Q otr°c°�a°:"" the bored bearing the number indicated belo\•,and provided also that the bond is of the type indic�ited below.This document I �.voo°o° ''''..01;":r'4a p� I . gQ99000 1'ti -,:.,1aA .4 is valid only if the bond is executed on or before the date indicated above. o�p1� E t 09®`� w,..-....�� __. ..,...»,._ ::: : __ ,..,.: ._.,�.._._...r...,. . r.r..f.,.�..r -.4::::,),, . l;. ` 0°0000000 ,� ...........k _..-. -....._......_�,........ --Y_ .�._�.._�.._._.d__.__...-.. ......._.� ,_, �.__ ®0000 0000 f f 0 O0000000 -'°'o04o.,45 00°Oo0oo0000� X00 0 0 ' 04 otioa0000Z --..:.:+:%*.?oo 7!Aogiiir ,opAO� KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute I��,;v,G°op°:. .a�y9g0 �::.and appoint the following: MICHAEL D. STONG, SHAWN BLUME,....:SUSAN C. MONTEON and lAii „:1::. GaR°a4��. ROSEMARY CISNEROS its true and lawful Attorney(s)-in-Fact, with full power and .�4a�;9tr 1,;- .......2...-,:a OWSZ: :-Z4 o0,0-v0 opo authority hereby conferred in its name, place and stead, to execute, ::0aaooeoapo°'�•a?a4o�'� °`oagogso'�4b ........ trtrotraoo:d� acknowledge and deliver on behalf of the Company: (1) any and all bonds and -�oo�,doO 0 • eft OQ000a .-Oa , .�1 00 40,E . • . . liViti)ti‘.:.- :, f ir� undertakings of suretyship given for any purpose, provided, however, that no 00,0 - such person shall be authorized to execute and deliver any bond or undertaking AQ i eig." oo- that shall obligate the Company for any portion of the penal sum thereof in • °9 000000 — 000aoF�..:.. OOOOtr0000 4� --�a�voQOOD000a�0:<:<? Qop,1,as excess of $10,000,000, and provided, further, that nfo Attorney-in-Fact shall -.,apooG000po r l 1 gliffl4::- . ligi,o,',' ihave the authority to issue a bid or proposal bond for any pro]ect where, if a°� contract is bond or undertaking would be required with penal sum .0000 a1,, ° oawarded, any '0°04 0 o f, °,4i.:$11 -- in excess of $l0,Or00,000; and (2) consents, releases and other similar ��Qeb°°o 000O �- �aa0000' OOO00000000� oaa°popop°00. o4od44Q.q'= documents required by an obligee under a contract bonded by the Company. This .�«��ea°°o _ p 4 ,114,14;i17.- appointment is made under the authority of the Board of Directors of the a ob���'o 1;'' ‘' „o,%-.,:ft Company. -9Q:s Qo� 1;.,.': o X00°0 ods :oa po p ,t, OGO�'seo°O� OOOOaoOooOyo� '�A•'�0000°°po•• oaotr00•`:: 0 0 p O ® X00'+04000$000 ::... 0000 - o 00 00 p0000� �ooa0o$0 gp l tro4441 --41,GQ. Fel if,' 1 a --vu. 1,„ ' :,11 09 Oilit. "' 21110.1 .4" a do a.c` o- ot 00o 4 �oa:41,): f p0000o04%.* _�ooaoo.'oa0p0? OOb00aoo0oS0,. .........0 0 4)000p0 <::, „,44,4*- . ./1 0114E: 11111/ ►;0°':':-- CERTIFICA ' 4::.:::;,t_ _ .. .... .---4,1%,:4.:,'•:;•.:., - .. ---.94,...04,,Q,.:.: --.9400 Op°o'o400000'�` � ::. ::. : -:`°a-'o000000 0. �tr�°aa�oiea_ I, the undersigned secretary of Contractors Bonding`and Insurance Company; a Wash.. ton 9}::Qp°o�,:”. 'f' aQ000� CERTIFY 00 00,�0oo°Ag: t�:e� °°°billsta corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect- and a`°a: has not been revoked and, futhermort. thatthe resolutions of thy. Board of Directors set forth on the 7:),Iltit!Iiii: ��Qo tr ..- 0.0 0 6 40n �o'o'Db a O S b000400°aoJoa � � . ;: �aoo46a�00°ap' °ooe� reverse ars now in full force and effect. �eoaoa4a4; 0 00 0000 ::.:.?: --� ao 0 00 f 1 t 4 40oas -:::-$10: l j aq 8d , Qt ,1 A b s` 1 f 0 4 1 ° 4 � r' d £] a � G'a ot'0 � i :� •"'' -a'ts aQ� 1 '1 00Ooo� Bond N umbe —.4!..2q,,,;. f+r 1:::::.:**-- 0 00°00000- :'�0o0a0a 0 OOoe00000� 00 OO00000�,� o040a00000 -�aoa0o00:: O000a�oo � ���000000000 '!, �OQ000 o'er � x � � �. , � ,, ��py0p0o0 `t •:; r IIIiitli° St ncd and se l .d this , /fir,. day of -, .: , ioapi°p ,�, t °°c� x90 1;; p° ° ' ` - aoo 1, 0044+Odoov`'''- A.:-.:.:M.:- .:;. 1**7(.:m i 0000 Ai:;.'7iv+;#;;o< ...•...-.•.•.•.•......•. . ::ig!i..... 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"'_ �6 0 f>O �'' ..� Qp0.i9 1{ Certificate of AMItintment and Resolution of the and of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attorney(s)-in-Fact identified on the front side of this power of attorney,under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution(hereafter"Authorized Officer or Employee") may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings,recognizances,and suretyship obligations of all kinds;and any Authorized Officer or Employee may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER,that any bond,undertaking,recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed(if a seal be required); or (ii) when signed by the Authorized Officer or Employee,and countersigned and sealed (if a seal be required)by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed(if a seal be required)by one or more attorneys-in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys-in-fact remain in full force and effect;that all forms of powers of attorney previously or in the future approved by the Board of Directors,including,but not limited to,so called"fax or facsimile powers of attorney",where the entire power of attorney is a facsimile,remain in full force and effect;and that one form of a power of attorney may be attached to one bond(for example,the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond(for example,a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond)without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary,and its corporate seal to be hereunto affixed this 13th day of June,2007. 4 :::::"1"< Don Sirkin,President Attest: R.Kirk Eland,Secretary State of Washington County of King On June 13,2007 before me,Brenda J. Scott Notary Public,personally appeared Don Sirkin and R. Kirk Eland personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they executed the same in their authorized capacities and that by their signatures the entity upon behalf of which they acted executed the instrument. WITNESS myhand and official seal. 001J.s c _ t 'dif:V "4;•-(j.A...,1 g� � .18 r10TA/�y�': SignatureTr. (seal) k ; g Brenda J.Scott,Notary Public :.(. - LIG ', •yam%�WA9 jl 1111 PREMIUM: $1,402.00 CE7079 Bond No. PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"),has awarded to WEST COAST ARBORISTS, INC. 2200 E. VIA BURTON STREET, ANAHEIM, CA 92860 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Tree Trimming/Maintenance Project FY 09-10. 10-11, 11-12, WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY, 111 PACIFICA, SUITE 350, IRVINE, CA. 92618 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED EIGHTY- FIVE THOUSAND NINE HUNDRED NINETY AND NO/100 Dollars($ 185,990.00 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform all the undertakings, terms, covenants,conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided,then this obligation shall become null and void; otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court. FURTHER,the Surety, for value received,hereby stipulates and agrees that no change,extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive notice of any such change,extension of time, alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the C-9 R6876-0001/1148462v3 *THE EFFECTIVE DATE OF THE BOND SHALL BE FROM AUGUST 1, 2009 THROUGH JULY 31, 2010, AND SURETY SHALL NOT BE LIABLEANY DEFAULTS OR EVENTS ARISI ITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THE BOND. T SOLE OPTION OF THE SURETY, T OND MAY ONLY BE RENEWED BY CONTINUATION OR RENEWAL CERTIFICATE, AND/OR RIDER SETTING FORTH NEW COMMENCEMENT AND provisions of California Civil Code ' 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. EXPIRATION DATES. NON-RENEWAL OF THE BOND WHEITHER OR NOT A BREACH OF CONTRACT, SHALL NOT BE RS CONSIDEE EF CTIVJ pE IOD OF TJI .BOND IN Ot,two identical counterparts or this instrument, each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: JULY 10, 2009 "Principal" "Surety" WEST COAST ARBORISTS, INC. CONTRACTORS BONDING AND INSURANCE COMPANY By: By: Its PATRICK MAHONE ‘141'_is MICHAEL r. STONG PRESIDENT ATTORNEY—IN—FACT By: _ By: Its RIC Ar MAHONEY Its ASSISTANT SECRETA' (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS,WATSON&GERSHON A Professional Corporation By: By: Insurance Administrator Public Agency Attorney Note: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached C- 10 R6876-0001/1148462v3 . ,i. ,,, 41) 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT yy is.••_�,t(• .�T . . •�1.i•,. -• . _ - ,:- .,\..-K,1.,..AT`�. .,,-.1 .!� psi(-` }Yets_t - MeiNr,ty-CP:tef State of California County of Orange On 07/13/09 before me, Victor M. Gonzalez,Notary Public , Date Here Insert Name and Title of the Officer personally appeared Patrick Mahoney and Richard Mahoney Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person9 whose nam s '-tip- subscribed to the within 'a stru ent and ack owl-•ged o me that ehe,�executed the same i -A- -r '% . I orized ,�a�, VICTOR M. GONZALEZ capaci ,Gg, and that b iiisfl°�e - signatur:�` on the ,� 1 Commission # 1721287 instrument the personW or the entity upon I-half of g ,5 Notary Public -California > which the perso 0.)-cted, executed the instrument. \; 1 Orange County '�`�I i� Comm. Jan 27,2011 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 U(--vu,, a 6 , Place Notary Seal Above Signatur: • Or 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: Performance Bond Document Date: 07/10/09 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Patrick Mahoney Signer's Name: Richard Mahoney ❑ Individual 0 Individual ❑x Corporate Officer—Title(s): President tEl Corporate Officer—Title(s): Asst.Secretary ❑ Partner—❑ Limited 0 General RIGHT'Hur,1E3PRINT 0 Partner—E1 Limited 0 General RIGHT THL".'BFRINT ❑ Attorney in Fact OF SIGNER 0 Attorney in Fact CF ,G'NER 1:3 Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: 0 Other: Signer Is Representing: West Coast Signer Is Representing:West Coast Arborists,Inc. Arborists,Inc. J J 7 d 7 7 J 7 J ,..__.•\_';• 7 J '• 7 _ .f,•\—••\—•7 .7•WOM`,• 7 _ •—•✓.—• (&*_. • 02007 National Notary Association.9:350 De Sob Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item 15907 Reorder:Cal Toll-Free 1-800-876-6827 1111 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of RIVERS IDE On before me, R. NAPPI "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D D. STONG whose name who proved to me on the basis of satisfactory evidence to be the person(�8'� Orris/arc-subscribed to the within instrument and acknowledged to me that he/shefAitey executed the same in his/ authorized capacity(ies), and that by his/hsignature(sron the instrument the persons'%or the entity upon behalf of which the person acted,executed the instrument. under TYOFCaliforniaI certify PENALTY PERJURY under the laws of the State of Cal�forn� that the foregoing paragraph is true and correct. WITNESS my hand and official seal. - COMiA, #1796916 • - -�•r�=' � NOTARY PUBIC-CALIFORNIA - - j ,r RIVERSIDE COUNTY N Seal '�; MY Comm.Expires June 7,2012 (Notary ) Signature of Notary Pub1 �- --r— --�--�--------�-- '1964 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances.any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authori ed capacity of the signer). Please check the (Title or description of attached document continued) document carefully,*proper notarial wording and attach this form if required. Number of Pages Document Date • State and County information must be the State and County where the document S signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the narne(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/41%5.r is bye)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of ❑ Attorney-in-Factthe county clerk. •:. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other •: Indicate title or type of attached document,number of pages and date. ❖ Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com 0 0 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1. Contractor acknowledges that this contract is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by any subcontractor. 4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2)certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7,Chapter 1,Article 3 of the California Labor Code. 7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of theabor Code which require every employer to be insured against liability for o ers' compensation or to undertake self-insurance in accordance with the ovi io s of that code, and I will comply with such provisions before comme cing t e perform ce of the work of this contract." Date `..r /3/n Signature PATRK MAHONEY, PRE IDENT C- 12 R6876-0001/1148462v3 1110 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: TREE TRIMMING/MAINTENANCE PROJECT FY 09-10, 10-11, 11-12 Indemnitor(s) (list all names): The Contractor shall indemnify, defend, and hold harmless the City, and its officers, employees, volunteers, and agents ("City Indemnitees"), from and against any and all causes of action, claims, liabilities, losses, expenses, obligations,judgments, or damages, including reasonable attorneys' fees and costs of litigation ("claims"), arising out of the Contractor's performance of its obligations under this agreement or out of the operations conducted by Contractor, including the active or passive negligence of any or all of the City Indemnitees, except for such loss or damage arising from the sole negligence or willful misconduct of the City Indemnitees. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of this agreement the Contractor shall provide a defense to the City Indemnitees or at the City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified in this section on indemnity. Contractor's obligation to indemnify the City Indemnitees shall not be restricted to insurance proceeds. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution 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 regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations,liabilities,covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name Name AI mou By: PATRICK MAHONEY, PRESIDENT By:RI CHARD MAHONEY, A ,: " RETARY Its Its C- 13 R6876-0001/1148462v3 Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com RECEIVED atyorRimthopalos Verdes July 15 2009 JUL 2 0 2{1,9q PUIL1CWORKSDEPA1TMENT City of Rancho Palos Verdes Public Works Department Attn: Bindu Vaish 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 RE: CONTRACT FOR TREE TRIMMING/MAINTENANCE PROJECT FY 09-10, 10- 11, 11-12 Dear Bindu, • I have enclosed the following required information for the above referenced: • Two (2) executed Notarized copies of the Contract agreement • Payment bond in the amount of the contract • Performance bond in the amount of the contract • Executed Indemnification and Hold Harmless Agreement • Executed agreement to comply with California Labor Law Requirements • Evidence of Current City of Rancho Palos Verdes Business License Currently, we are still waiting for the insurance documents to be returned to us by our insurance carrier. As soon as these documents are received they will be forwarded to you. Should you have any questions or require additional information, please do not hesitate to contact me at (800)521-3714. 4e6&- argar; tACA‘dal‘11 TcO1' - . k 11 3-L)3/A. Pimentel • Assistant CJs 3 1)g Z v Enclosures West Coast Arborists, Inc. 2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.3745 .l : v. 41) 11, Certificate of Insurance THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION.ONLY AND CONFERS NO RIGHT UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSLRANCE POLICY AND DOES NOT AMEND.EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. This is to Certify that [WEST COAST ARBORISTS, INC7 ,..., *A , ... • NAME AND V\.. kj Liberty 2200 EAST VIA BURTON ADDRESS , OF INSURED p-i-- mutuaie ANAHEIM CA 92806 _1 is.at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may be issued. EXP DATE TYPE OF POLICY ❑CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY 0 EXTENDED 0 POLICY TERM WORKERS WA2-66D-039499-069 CAW OF THE 1 OORD VD G DER WC EMPLOYERS LIABILITY 7/1/2009 COMPENSATION WA2-66D-039499-079 CA Bodily Injury by Accident STATUTORY $1,000,000 Each Accidcnr Bodily Injury By Disease Eff 4/01/2009 $1,000,000 pol,t.,r,,,ii Exp 7/01/2010 Bodily Injury By Disease $1,000,000 Each Persga GENERAL LIABILITY 7/1/2010 TB2-661-039499-019 General Aggregate—Other than Products i Completed Operations $2,000,000 , Products i Completed Operations Aggregate Q�OCCURRENCE 2LQ00'000 0 CLAIMS MADE Bodily Injury and Propeny Damage Liability $1,000,000 Per Occurrence RETRO DATE Personal Injury $1,000,000 Per Person!Organization, ° 1E DAMAGES$100,000 4a1V1EDICAL PAYMENTS$5,000 Ate-TOMOBILE 7/1/2010 AS7-661-039499-039Each Accident—Single Limit LIABILITY $1,000,000 B.I.And P.D.Combined Each Person EI OWNED x�--771� L�.J NON-OWNED Each Accident or Occurrence HIRED Each Accident or Occurrence OTHER $5,000,000 PER OCCURRENCE/AGGREGATE 4/1/2009 7/1/2010 TH2-661-039499-049 UMBRELLA EXCESS LIABILITY ADDITIONAL COMMENTS RE:ALL JOBS PERFORMED BY THE NAMED INSURED DURING THE POLICY TERM. ADDITIONAL INSURED:CITY OF RANCHO PALOS VERDES, ITS EMPLOYEES, OFFICERS,AND ASSIGNS, ON THE GENERAL LIABILITY POLICY LISTED ABOVE(PER ATTACHED CG 2010 0704 ENDORSEMENT) •If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date. SPECIAL NOTICE-OHIO:ANY PERSON WHO,WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER,SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD IMPORTANT NOTICE TO FLORIDA POLICYHOLDERS AND CERTIFICATE HOLDERS:IN THE EVENT YOU HAVE ANY QUESTIONS OR NEED INFORMATION ABOUT THIS CERTIFICATE FOR ANY REASON,PLEASE CONTACT YOUR LOCAL SALES PRODUCER WHOSE NAME AND TELEPHONE NUMBER APPEARS IN THE LOWER RIGHT HAND CORNER OF THIS CERTIFICATE THE APPROPRIATE LOCAL SALES OFFICE MAILING ADDRESS MAY ALSO BE OBTAINED BY CALLING THIS NUMBER. Liberty Mutual NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Insurance Group BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CAtICEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE OF SUCH CANCELLATION HAS BEEN MAILED TO: [CITY OF RANCHO PALOS VERDES -I gAlCelLa (4- -9-0?C CITY CLERK'S OFFICE Sandy Fox i L Englewood/0972 AUTHORIZED REPRESENTATIVE 5975 S Quebec St,Suite 100 c:',_ 30940 HAWTHORNE BOULEVARD Englewood CO 80111 303-708-8260 5/5/2009 RANCHO PALOS VERDES CA 90274 (( OFFICE PHONE DATE ISSUED J This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 • • 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) Location(s) Of Covered Operations Or Organization(s): City of Rancho Palos Verdes, its employees, officers, Re: Tree Maintenance and assigns. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project(other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has been completed; or nated above. CG 20 10 07 04 ©ISO Properties, Inc., 2004 Page 1 of 2 • • • 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. This endorsement is executed by the Premium $ Effective Date 4/01/2009 Expiration Date 7/01/2010 For attachment to Policy No. TB2-161-039499-019 Audit Basis Issued To WEST COAST ARBORISTS, INC. Pwir Sk(:RI:"I'.'Rl" •.SIDE 'l Countersigned by Auto ed Repr sentative Issued Sales Office and No. End. Serial No. ORANGE-602 Page 2 of 2 ©ISO Properties, Inc., 2004 CG 20 10 07 04 MUST BE DISPT 'YED IN PLACE OF BUSINESS-NOT'''RANSFER.ABLE Cityof Rancho Verdes Finance Department 30940 Hawthorne Blvd BUSINESS TAX REGISTRATION CERTIFICATE Rancho Palos Verdes, CA 90275 THIS CERTIFICATE IS EVIDENCE THAT THE PERSON OR FIRM I Business Name: WEST COAST ARBORISTS INC NAMED HAS PAID A TAX TO CONDUCT AND OPERATE A BUSINESS Business Number: 250 AS INDICATED HEREON PURSUANT TO THE PROVISIONS OF Location Address: OUT OF CITY BUSINESS CI-IAPTFR IV(W RANC'N()PAI n4 VI R lF4 MI TNIC'IPAI rilTnF License Number/Class: 09 00000248 OUTSIDE BUSINESS WEST COAST ARBORISTS INC .:.: 2200 VIA BURTON ST :t. . • �I \ (4,3 •:...•-•- ANAHEIM CA 92806 • • Issue Date: 12/08/08 Expiration Date: 12/31/09 ISSUING OFFICERS • vsAtrais40.7c1 Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com State Of California NW at (A. CONTRACTORS STATE LICENSE BOARD 2010-74li& Wen. • Dowinint LICENSE ACTIVE Consumeritivr Affairs Lioense Nmnbet 366764 ,,„rty CORP Business Name WEST COAST ARBORISTS INC Classif"i") C61/D49 C27 AS& Iii onDate 12/31/2010 West Coast Arborists, Inc. 2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.3745