HomeMy WebLinkAboutC-4560 - Contract for Purchase, Relocation and Installation of King Palms for Coast Highway Median ImprovementsQ)
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CONTRACT WITH WEST COAST ARBORISTS, INC.
FOR PURCHASE, RELOCATION AND INSTALLATION OF KING PALMS
FOR COAST HIGHWAY MEDIAN IMPROVEMENTS
THIS CONTRACT is made and entered into as of this Ybday of 2010, by and
between the CITY OF NEWPORT BEACH, a Municipal Corporation and (charter City ( "City "),
and West Coast Arborists, Inc., a California corporation, whose principal place of business is
2200 E. Via Burton Street, Anaheim, 92806 ( "Contractor"), and is made with reference to the
following:
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A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of City.
B. City is planning to improve the East Coast Highway medians within the City of Newport
Beach.
C. City desires to engage Contractor to relocate 15 King Palms from Big Canyon Reservoir
and purchase and install three additional King Palms for a total of 18 King Palms to be
planted within the East Coast Highway medians, and provide miscellaneous related
services ( "Project'). Contractor has agreed to perform the Project within 5 consecutive
working days between May 10, 2010 and June 30, 2010.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, and is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
SCOPE OF WORK
City and Contractor acknowledge that the above Recitals are true and correct and
are hereby incorporated by reference. As such, contractor shall perform all the
services described in the Proposal for Tree Maintenance Services ( "Scope of Work ")
attached hereto as Exhibit A and incorporated herein by this reference. As a material
inducement to the City entering into this Agreement, Contractor represents and warrants
that Contractor is a provider of first class work and services and Contractor is
experienced in performing the work and services contemplated herein and, in light of
such status and experience, Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that
all materials and workmanship will be of good quality. For purposes of this Agreement,
the phrase "highest professional standards" shall mean those standards of practice
recognized by one or more first -Gass firms performing similar work under similar
circumstances.
Contractor shall perform everything required to be performed, and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
2. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet the deadline of June 30, 2010, may result in termination of this
Agreement by City and assessment of damages as outlined in Section 2.1.
2.1 The parties agree that it is extremely difficult and impractical to determine and fix
the actual damages that City will sustain should the Contractor fail to complete
the Project within the time allowed. Should Contractor fail to complete the work
called for in this Agreement on the date outlined above, Contractor agrees to the
deduction of liquidated damages in the sum of Two Hundred Fifty Dollars
($250.00) for each calendar day beyond the date scheduled for completion
provided in Section 2 of this Agreement assuming that the Contractor has
access to the space on May 10, 2010 as described herein.
Execution of this Agreement shall constitute agreement by the City and
Contractor that Two Hundred Fifty Dollars ($250.00) per calendar day is the
minimum value of the costs and actual damage caused by the failure of the
Contractor to complete the work within the allotted time. Such sum is liquidated
damages and shall not be construed as a penalty, and may be deducted from
payments due the Contractor if such delay occurs.
3. COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment
the sum of Twenty -Seven Thousand, Seven Hundred and 00 /100 Dollars
($27,700.00). Contractor shall not receive any additional compensation unless
approved in advance by the City in writing. The City shall make progress payments as
the Project work proceeds based on the percentage of Project work completed.
4. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Andy Tran,
P.E., shall be the Project Administrator and shall have the authority to act for City under
this Agreement. The Project Administrator or his /her authorized representative shall
represent City in all matters pertaining to the services to be rendered pursuant to this
Agreement.
5. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
5.1 Contractor shall use only the standard materials described in Exhibit A in
performing services under this Agreement. Any deviation from the materials
described in Exhibit A shall not be installed unless approved in advance by the
City Administrator.
5.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to
perform the services required by this Agreement, and that it will perform all
services in a manner commensurate with community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
6. RESPONSIBILITY FOR DAMAGES OR INJURY
6.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or
other things used or employed in performing the Project or for injury to or death
of any person as a result of Contractor's performance of the services required
hereunder; or for damage to property from any cause arising from the
performance of the Project by Contractor, or its subconcontractors, or its
workers, or anyone employed by either of them.
6.2 Contractor shall be responsible for any liability imposed by law and for injuries to
or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's work on the Project, or
the work of any subcontractor or supplier selected by the Contractor.
6.3 Contractor shall indemnify, hold harmless, and defend City, its officers and
employees from and against: (1) any and all loss, damages, liability, claims,
allegations of liability, suits, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury,
property damage, or any other claims arising from any and all acts or omissions
of Contractor, its employees, agents or subcontractors in the performance of
services or work conducted or performed pursuant to this Agreement; (2) use of
improper materials in performing this Project including, without limitation, defects
in workmanship or materials and /or design defects; and /or (3) any and all claims
asserted by Contractor's subconcontractors or suppliers on the Project, and shall
include reasonable attorneys' fees and all other costs incurred in defending any
such claim. However, nothing herein shall require Contractor to indemnify City
from the sole negligence or willful misconduct of City, ifs officers or employees.
6.4 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and
private property. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
6.5 To the extent authorized by law, as much of the money due Contractor under and
by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages
as aforesaid.
6.6 Nothing in this section shall be construed as authorizing any award of attorney's
fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 6.3 above.
6.7 The rights and obligations set forth in this Section shall survive the termination of
this Contract.
7. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
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8.
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limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to
be performed. City agrees to cooperate with the Contractor on the Project.
INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement, a policy or policies of liability insurance of the type and amounts
described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of insurance with
original endorsements to City as evidence of the insurance coverage required
herein. Insurance certificates must be approved by City's Risk Manager prior to
commencement of performance or issuance of any permit or performance of any
work. Current certification of insurance shall be kept on file with City at all times
during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its behalf
shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
D. Coverage Requirements.
Workers' Compensation Coverage. Contractor shall maintain Workers'
Compensation Insurance and Employer's Liability Insurance for his or her
employees in accordance with the laws of the State of California. In
addition, Contractor shall require each subcontractor to similarly maintain
Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California for all of the
subcontractor's employees. Any notice of cancellation or non - renewal of
all Workers' Compensation policies must be received by City at least
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) prior to such change. The insurer shall agree to waive all
rights of subrogation against City, its officers, agents, employees and
volunteers for losses arising from work performed by Contractor for City.
ii. General Liability Coverage.
general liability insurance in an
($1,000,000) per occurrence
property damage, including w
commercial general liability it
aggregate limit is used, either
Contractor shall maintain commercial
amount not less than one million dollars
for bodily injury, personal injury, and
thout limitation, contractual liability. If
surance or other form with a general
the general aggregate limit shall apply
10.
E.
separately to the work to be performed under this Agreement, or the
general aggregate limit shall be at least twice the required occurrence
limit.
iii. Automobile Liability Coverage. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of
the Contractor arising out of or in connection with work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit for each occurrence.
Endorsements. Each general liability and automobile liability insurance policy
shall be endorsed with the following specific language:
The City, its elected or appointed officers, officials, employees, agents
and volunteers are to be covered as additional insureds with respect to
liability arising out of work performed by or on behalf of the Contractor.
ii. This policy shall be considered primary insurance as respects to City, its
elected or appointed officers, officials, employees, agents and volunteers
as respects to all claims, losses, or liability arising directly or indirectly
from the Contractor's operations or services provided to City. Any
insurance maintained by City, including any self- insured retention City
may have, shall be considered excess insurance only and not
contributory with the insurance provided hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with respect
to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected or
appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to City, its elected or appointed officers,
officials, employees, agents or volunteers.
vi. The insurance provided by this policy shall not be suspended, voided,
canceled, or reduced in coverage or in limits, by either party except after
thirty (30) calendar days (10 calendar days written notice of non - payment
of premium) written notice has been received by City.
F. Timely /Notice of Claims. Contractor shall give City prompt and timely notice of
claim made or suit instituted arising out of or resulting from Contractor's
performance under this Contract.
G. Additional Insurance. Contractor shall also procure and maintain, at its own cost
and expense, any additional kinds of insurance, which in its own judgment may
be necessary for its proper protection and prosecution of the work.
BONDING
Contractor shall obtain, provide and maintain at its own expense during the term of this
Contract: a Labor and Materials Payment Bond in the amount of one hundred percent
(100 %) of the total amount to be paid Contractor as set forth in this Agreement and in
the form attached hereto as Exhibit B which is incorporated herein by this reference; and
a Faithful Performance Bond in the amount of one hundred percent (100 %) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto
as Exhibits C which is incorporated herein by this reference.
The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by
an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3)
assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty.
The Contractor shall deliver, concurrently with execution of this Agreement, the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the Sate of
California.
11. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not less
than the general prevailing rate of per diem wages including legal holidays and overtime
work for each craft or type of workman needed to execute the work contemplated under
the Agreement shall be paid to all workmen employed on the work to be done according to
the Agreement by the Contractor and any subcontractor. In accordance with the California
Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained
the general prevailing rate of per diem wages in the locality in which the work is to be
performed for each craft, classification, or type of workman or mechanic needed to
execute the Agreement. A copy of said determination is available by calling the prevailing
wage hotline number (415) 703 -4774, and requesting one from the Department of
Industrial Relations. The Contractor is required to obtain the wage determinations from
the Department of Industrial Relations and post at the job site the prevailing rate or per
diem wages. It shall be the obligation of the Contractor or any subcontractor under
him/her to comply with all State of California labor laws, rules and regulations and the
parties agree that the City shall not be liable for any violation thereof.
12. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Services provided the Contractor obtains City approval prior to
the subcontractor performing any work. Contractor shall be fully responsible to City for
all acts and omissions of the subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
13. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Contract. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
14. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the California
Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any
financial interest that may foreseeably be materially affected by the work performed
under this Contract, and (2) prohibits such persons from making, or participating in
making, decisions that will foreseeably financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to
do so constitutes a material breach and is grounds for immediate termination of this
Contract by City. Contractor shall indemnify and hold harmless City for any and all
claims for damages resulting from Contractor's violation of this Section.
15. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Andy Tran, P.E.
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92660
Phone: 949 - 644 -3315
Fax: 949 - 644 -3308
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attention: Randy Thompson
West Coast Arborists, Inc.
2200 E. Via Burton Street
Anaheim, CA 92806
Phone: 800 - 521 -3714
Fax: 866 - 936 -0739
16. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of this
Agreement at the time and in the manner required, that party shall be deemed in default
in the performance of this Agreement. If such default is not cured within a period of two
(2) calendar days, or if more than two (2) calendar days are reasonably required to cure
the default and the defaulting party fails to give adequate assurance of due performance
within two (2) calendar days after receipt of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, the non - defaulting
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party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole discretion and
without cause, of terminating this Agreement at any time by giving seven (7) calendar
days prior written notice to Contractor. In the event of termination under this Section,
City shall pay Contractor for services satisfactorily performed and costs incurred up to
the effective date of termination for which Contractor has not been previously paid. On
the effective date of termination, Contractor shall deliver to City all materials purchased
in performance of this Agreement.
17. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including federal, state, county
or municipal, whether now in force or hereinafter enacted.
18. WAIVER
A waiver by City of any term, covenant, or condition in the Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
19. INTEGRATED AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal Agreement or implied
covenant shall be held to vary the provisions herein.
20. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services, the terms of this Agreement shall govern.
21. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
22. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
visited the Project Site, has become familiar with the local conditions under which the
work is to be performed, and has taken into consideration these factors in submitting its
Project Proposal and Scope of Work.
23. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
24. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the
authorship of the Agreement or any other rule of construction which might otherwise
apply.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year first written above.
APPROVED AS TO FORM:
r
yne to e Vh
p,Assistant Cityney�
for the City of Newport Beach
Leiiani rsrown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corpc�tion
T" G. Badum
for of Public Works
e City of Newport Beach
West Coa rb Mists, Inc.
By:
Patrick Mahoney
(Print Name)
Title: President
By:
Richard Mahoney
(Print Name)
Title: Vice-President/Asst. Secretary
Please note; Corporations must complete and sign both places above
even if each office is held by the same individual
Attachments: Exhibit A — Proposal - Scope of Services
Exhibit B - Labor and Materials Payment Bond
Exhibit C - Faithful Performance Bond
I
EXECUTED IN DUPLICATE BOND NUMBER CF2553
PREMIUM INCLUDED IN
PERFORMANCE BOND CITY OF NEWPORT BEACH
BOND NO. CF2553
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to West Coast
Arborists, Inc., hereinafter designated as the "Principal,' a contract for the Coast Highway
Median Improvements, located in the City of Newport Beach, in strict conformity with the
Contract on file with the office of the City Clerk of the City of Newport Beach, which is
incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for,
or about the performance of the work agreed to be done, or for any work or labor done thereon of
any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
CONTRACTORS BONDING AND INSURANCE COMPANY duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as 'Surety") are
held firmly bound unto the City of Newport Beach, in the sum of Twenty -Seven Thousand,
Seven Hundred and 00/100 Dollars ($27,700.00) lawful money of the United States of
America, said sum being equal to 100% of the estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be made,
we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and
severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's
subcontractors, fail to pay for any materials, provisions, or other supplies, implements or
machinery used in, upon, for, or about the performance of the work contracted to be done, or for
any other work or labor thereon of any kind, or for amounts due under the Unemployment
Insurance Code with respect to such work or labor, 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 such work and labor, then the Surety will pay for the same, in an
amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorney's fee, to be fixed by the Court as required by
the provisions of Section 3250 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and corporations
entitled to file claims under Section 3181 of the California Civil Code so as to give a right of action
to them or their assigns in any suit brought upon this Bond, as required by and in accordance with
the provisions of Sections 3247 et. seq. of the Civil Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change, extension of
time, alterations or additions to the terms of the Contract or to the work to be performed
thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of
any such change, extension of time, alterations or additions to the terms of the Contract or to the
work or to the specifications.
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In the event that any principal above named executed this Bond as an individual, 4 is
agreed that the death of any such principal shall not exonerate the Surety from its obligations
under this Bond.
IN WITNESS WHEREOF, this instrument has be d ly executed by the above named
Principal and Surety, on the 6th day of APRIL , 2010.
Patrick Mahoney 11 'UJI11 President
West Coast Arborists, Inc. (Principal) Aut rtred naturelidle
CONTRACTORS BONDING AND INSURANCE COMPANY
Name of Surety
111 PACIFICA, STE 350, IRVINE, CA 92618
Address of Surety
(949) 341 -9110
Telephone
MICHAEL D. STONG, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE
ATTACHED
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ACKNOWLEDGMENT
State of California
County of Orange ) ss.
On April 6, 2010 before me, victor M. Gonzalez Notary
Public, personally appeared Patrick -Mahoney
Vproved to me on the basis of satisfactory evidence to be the person whose name are
subscribed o the within instrument and acknowledged to at shefthey executed the
same in authorized capacity(te rr and that by W wFM eir signatures* on the
instrumen�n(s),_or the entity upon behalf of which the personal acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seat.
VICTOR M. GONZALEZ
C-
ommisalon # 1721287
i e Notary Public - California
Orange Counly
l crtm Jm27.2a11
Signature
no a MEN MEN man A am mass me sea Masson so@ am amen ONE some MEN seem NOUN a seems No name WON ON KNOWN
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL INFORMATION
April 6th, 2010 Thumbprint of Signer
Labor and Materials Payment Bond
Type of Satisfactory Evidence:
Personally Known with Paper identification
_ Paper Identification
Credible Witness(es)
2
No
Capacity of Signer:
_ Trustee
_ Power of Attorney
_
CEO/CFO/COO
_ President IVice- President / Secretary / Treasurer
Other:
Other Information:
❑ Check here If
no thumbprint
or fingerprint
Is available.
CALIFORNIA ALL - PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On q-4'10 before me,
personally appeared
R. NAPPI
MICHAEL D. STONG
"NOTARY PUBLIC"
name and title of the officerl
who proved fo me on the basis of satisfactory evidence to be the persoq(ewhose nameWis /em subscribed to
the within instrument and acknowledged to me that he /sheAhey executed the same in his/hePAheir authorized
capacity(.ies), and that by his/kwAluear signature(ajron the instrument the personK,, or the entity upon behalf of
which the personjOacted, 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.
Signature of Notary I'aM'
R. NAPPI
in COMM. #1796916
NOT PUBLIC - CALIFORNIA
�RIVERSIO,,j 7',
(Notary Seal) MY Comm Expires Jute 7, 2012
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(ritle or description of attached document confinued)
Number of Pages _ Document Date
(Additional Information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2003Vemim CAPAvl2.10.078f10 -873 -9865 www.NaLwyClassescom
INSTRUCTIONS FOR COMPLETING THIS FORM
Any adnomrkdgmem mmpletrd to Cayfomla teat eanudn verbiage c=* as
appears above in the rotary secikA or a separate acinowfedgmear fora moat be
properly completed and anaehed to that doemuenn. The ally earaptka is if a
document R to he recorded outside grCalrfwnfh in such instances. any a arnsa ive
ocnnowledgmem verbiage m may be printed an such a document so tong fir die
verbiage does no require the waray no don sameddng der is iaegal for a ueanry in
Cahfomfo (i.e. crsrifying the authorized capacity of she afrrr). Prose check dSe
document covfullyfor proper notarial warding and auach rhisfi m ifrequtred.
• Sae and County information must be Iha Sate and Canny where the rteaonenl
signers) personally appeared belbre the calory public fbr acknowledgment.
• Date of notarization must be the date that the signets) personally appeared winch
must also be the same date the acknowledgment is completed.
• The notary public must prim his or her name as it appears within his or her
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inrformation may lead to rejection of document recording.
• The notary seal impression muss be dear and photographically reproducible,
Impression mutt rut cover test w lines. If seal impression smudges, mseel if a
sufficient me permits, otlxnvrse complete a different acknowledgment brm.
• Signature of the vary public must match the signature on file with the office of
the county clerk.
4 Additional information is not required but could help to arcane this
aeknavledgment is not misused or aneched to a different document.
O Ind'xaie (ifle m type of amW=d dwuutem,..amber of pages and date.
? haliate the capacity claimed by the signer. If the claimed capacity is a
corporate officsy indicate the title (i.e. CEO, CFO, secretary).
• Securely anach this documem to the signed document
EXECUTED IN DUPLICATE
BOND NUMBER CF2553
PREMIUM: $222.00
CITY OF NEWPORT BEACH
BOND NO. CF2553
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ 222.00 ,
being at the rate of $ B • 00 thousand of the Contract price.
WHEREAS, the City of Newport Beach, State of California, has awarded to West Coast
Arbonsts, Inc., hereinafter designated as the "Principal," a contract for the Coast Highway
Median Improvements in the City of Newport Beach, in strict conformity with the Contract on file
with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this
reference.
WHEREAS, Principal has executed or is about to execute the Contract and the terms
thereof require the furnishing of a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and CONTRACTORS BONDING AND INSURANCE
COMPANY . duly authorized to transact business under the laws of the State of
Califomia as Surety (hereinafter `Surety'), are held and firmly bound unto the City of Newport
Beach, in the sum of Twenty-Seven Thousand, Seven Hundred and 001100 Dollars
($27,700.00) lawful money of the United States of America, said sum being equal to 100% of
the estimated amount of the Contract, to be paid to the City of Newport Beach, its successors,
and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors
and administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that If the Principal, or the Principal's
heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep
and perform any or all the work, covenants, conditions, and agreements in the Contract
Documents and any alteration thereof made as therein provided on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to its true
intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach,
its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the
same, in an amount not exceeding the sum specified in this Bond, otherwise this obligation shall
become null and void.
As a part of the obligation secured hereby, and in addition to the face amount specified in
this Performance Bond, there shall be included costs and reasonable expenses and fees,
including reasonable attorneys fees, incurred by the City, only in the event the City is required to
bring an action in law or equity against Surety to enforce the obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Contract or to the work to be performed thereunder
shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such
change, extension of time, alterations or additions of the Contract or to the work or to the
specifications,
This Faithful Performance Bond shall be extended and maintained by the Principal in full
force and effect for one (1) year following the date of formal acceptance of the Project by the City.
12
In the event that the Principal executed this bond as an individual, it is agreed that the
death of any such Principal shall not exonerate the Surety from its obligations under this Bond.
IN WITNESS WHEREOF, this Instrument has
Surety above named, on the 6th day of APRIL
Patrick Mahoney
West Coast Arbodsts, Inc. (Principal)
CONTRACTORS BONDING AND INSURANCE COMPANY
Name of Surety
111 PACIFICA, STE 350, IRVINE, CA
Address of Surety 92618
(949) 341 -9110
Telephone
ily executed by the Principal and
2010.
President
MICHAEL D. STONG, ATTORNEY -IN -FACT
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF BOTH CONTRACTOR AND SURETY MUST BE
ATTACHED
1R
ACKNOWLEDGMENT
Y YYJYY noon YUYUYrYMroal Y\Y YYYYY YYY\YYYY YJYa YY UUYe OY YY Y Y ago soon age YUY Samson
State of California
County of Orange ) ss.
On April 6, 2010 before me, Victor M. Gonzalez Notary
Public, personally appeared Patrick Mahoney
Proved to me on the basis of satisfactory evidence to be the person whose name) afe
subscribe the within instrument and acknowledged to Eeperson(&)-actecl, hat sineH�ey execute the
same in s eftehr authorized capacity(i� and that by r signatures(s) -on the
instrument persorlW, or the entity upon behalf of which executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
VICTOR M. GONZALEZ
Commisalon # 1721287
3 a Notary Public - California
Orange County
Cantu. J3n27201T
(Seed
•YaYY \YYY YYYYi YYY YY Ya\ YYaY aYY, IYYY\ a\ YYIYYaYYYY YYYYYa YY YYYYYYYYY YaYYYYY YYY YY Y \Y,
Date of Document
Type or Title of Document
Number of Pages in Document
Document in a Foreign Language
OPTIONAL fNFORMATION
April 6th, 2010
Faithful Performance Bond
Type of Satisfactory Evidence:
Personally Known with Paper Identification
Paper Identification
Credible Witness(es)
No
Capacity of Signer:
_ Trustee
_ Power of Attorney
CEO/CFO/COO
President I Vice- President I Secretary I Treasurer
Other.
Other Information:
Thumbprint of Signer
❑ Check here n
no thumbprint
or finperprtnt
is avallabie.
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of RIVERSIDE
On li ' b. l U before me, R. NAPPI "NOTARY PUBLIC"
(Here insert name and tide of the officer)
personally appeared MICHAEL D. STONG
who proved to me on the basis of satisfactory evidence to be the persorlWwhose namt:Wlts /are subscribed to
the within instrument and acknowledged to me that he /sheAhey executed the same in his/ker*wk authorized
capacity(ic:4 and that by hiss`]= stir signatureWon the instrument the personX or the entity upon behalf of
which the personWacted, 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.
signature ofNoery Pmic
R. NAPPI
COMM. #1796916
NOTARY PUBLIC -CALIFORNIA o,
RIVERSIDE COUNTY
(Notary Sea!) My Cornea. Expires Jam 7, 2072
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Tide or desefipdm of attached document)
(Title or description afattaehed document continued)
Nuenber of Pages _ Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑
Individual (s)
❑
Corporate Officer
(Tide)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Other
2008Venim CAPAvl2.10. 07800.873.9865 wmv.NoeryClasms.com
INSTRUCTIONS FOR COMPLETING THIS FORM
Arty acktlowkdgnnea Canp%ted in CoNfornia bluff Contain Nrbfgg am* or
appears abare in the nbmy action or a teparaa aeknowkdganewform mat he
properly completed and of ached to dirt doawsem. Ike arty exception is if a
document if m be marled olnafde of Ca4risna r 1b such instances, airy aher mare
ucknow,ledgmea verbiage as amy be priared an such a docaeew so Imig as the
verbiage does not require da notary to do something dear is illegal far a ammy at
Cabfornta Its. anit&ng the awlmrlxd ctparay of due s4pw). Please check the
dacutnesu cmefuAyfarproperxwm*d rear &fig andonach this fww ifregWred.
• Smte and Comfy information now be the Sate and Coway where the document
mgmits) personally appeared before the unary public for ackrwwledgmeaL
• Date of notarization must be the time Ibat the signe(s) pe moaelly appeared which
must aim be the came dale the ea comsitdgmnd is completed.
• The notary public meat print bis or he Imme m it appears within his or her
commission k4lomd by a eomam and then yaw 60e (notary public}
• Prim the nama(s) of document signerts) who personally appear at The time of
nou rirmion
• indicate the camect singular or plural farms by crossing off hncamA forms (i.e.
helabcAheyr is lea) or circling the correct forme. Failure to correctly indicate this
infamsmion may lead to rejection ofdocwrent recording.
• The notary seal impression oast be clear and photographically reproducible.
Impression mist not cover test or line. if seal impression smudges, re -seal if a
sufficient area permits, mher-wise complete a diRarem acknovtiedgment farm
• Signature of the notary public mast match the signature on ale with the office of
the county clerk
s Additional information is rem required bar could help to canna this
acknowledgment is eat mimscd or attached to a different document
f
Indicate We or urge ofattacled document, number ofpegn and doe.
} hdicak the capacity claimed by the signer. If ties claimed capacity is a
corporate officer, indicate the title (Le. CEO, CFO, Secretary).
• Securely coach this documem to the signed document
LIMITED POWER OF ATTORNEY
Not Valid for Bonds
Executed On or After: MARCH 31ST, 2010
Power of Attorney
Number:172915
Unfy an unaltered original of this Power of Attorney document is valid, A valid original of this document is printed on gray
security paper with black and red ink and bears the seal of Contractors. Bonding and Insurance Company (the "Company').
The original document contains a watermark with the letters "chic" embedded in the paper rather than printed upon it. The
watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is
visible when the document is held to the light. This document is valid solely in connection with the execution and delivery of
the bond bearing the number indicatedbelow, and provided also that the bond is of the type indicated below. This document
is valid onh, if the bond is executed on or before the date indicated above.
KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute
and appoint the following: JEREMY PENDERGAST, MICHAEL D. STONG, SHAWN BLUME
and ROSEMARY NAPPI its true and lawful Attorney(s) -in -Fact, with full power and
authority hereby conferred in its name, place and stead, to execute,
acknowledge and deliver on behalf of the Company: (1) any and all bonds and
undertakings of suretyship given for any purpose, provided, however, that no
such person shall be authorized to execute and deliver any bond or undertaking
that shall obligate the Company for any portion of the penal sum thereof in
excess of $10,000,000, and provided, further, that no Attorney -in -Fact shall
have the authority to issue a bid or proposal bond for any project where, if a
contract is awarded, any bond or undertaking would be required with penal sum
in excess of $10,000,000; and (2) consents, releases and other similar
documents required by an obligee under a contract bonded by the Company. This
appointment is made under the authority of the Board of Directors of the
Company------------------------------------------------------------------------
_________________________________________________ __ _____ ___ __ _____ ________ ___ __
CERTIFICATE
I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington
corporation, DO REREBY CERTIFY that this Power of Attorney remains in full force and effect and
has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the
reverse arc now in full force and effect.
Bond Number Ci F 5 7
Signed and sealed this day of
e
lJ
r� R. Kirk Eland. Secretary
CBIC • 1213 Valley Street e P.O. Box 9271 • Seattle, WA 98109 -0271
(206) 622 -7053 • (800) 765 -GBIC (Toll Free) • (800) 950 -1558 (FAX)
P0a1 POA.08- CS00613e7
Certificate of Appointment and Resolution of the Board of Directors
The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed
the Attomey(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- factor 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 attomey -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one nr 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 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 attomey 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.
Don . ukm, Preai enl
State of Washington
County of King
Attest: K. Kirk Eland, Secretary
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 my hand and official seal.
Signature �(�t(�� (seal) �taoTMt
Brenda 1. Scott, Sotary Puhlic
EXHIBIT A
Proposal 23293 West Coast ton St fists, Inc.
2200 E. Via Burton St
State Contractors License 0366764
Anaheim, CA 92806
Liab llty Insured (P) 800.521.3714 (E) 866.936.0739
PROPOSAL FOR TREE MAINTENANCE SERVICES
CUSTOMER: CITY OF NEWPORT BEACH
CONTACT: ANDY TRAN
ADDRESS: 3300 NEWPORT BLVD.
PHONE /FAX: (949)644 - 3315/.
NEWPORT BEACH, CA 92658
EMAIL: atran�newoonbeachca.¢o,
JOB LOCATION: Coast Highway East.
JOB DESCRIPTION: Tree planting services per Plans and Specifications.
QTY DESCRIPTION
U/M U/P TOTAL
15
Relocate 15 King Palms from Big Canyon Reservoir
Each
$750.00
$11,250A0
3
Purchase and Install 13' King Palms
Each
$2,250.00
$6,750.00
18
Misc. Services
Each
$325.00
$5,850.00
1
Traffic Control set up and break down
Lump Sum
$3,850.00
$3,850.00
GRAND TOTAL: $27,700.00
COMMENTS: Misc. Services include: Tie fronds, 2" layer of mulch, Plaster sand, 3" perforated PVC w/ caps, Gravel
stump.
ESTIMATED BY: RANDY THOMPSON Date: 2/1/2010
ACCEPTED BY: Date:
SCOPE OF WORK
Pa>;e I of I
EXHIBIT A
Proposal 23293 West Coast Arborists, Inc.
2200 E. Via Burton St.
State Contractors License #366764
Anaheim, CA 92806
Liability Insured (P) 800.527.9774 (E) 866.936.0739
PROPOSAL FOR TREE MAINTENANCE SERVICES
CUSTOMER: CITY OF NEWPORT BEACH
CONTACT: ANDY TRAN
ADDRESS: 3300 NEWPORT BLVD.
PHONEIFAX: (949)644- 33t51-
NEWPORT BEACH, CA 92658
EMAIL: airankineavortbeachca.wv
JOB LOCATION: Coast Highway East,
JOB DESCRIPTION: Tree planting services per Plans and Specifications.
QTY DESCRIPTION
U/M U/P TOTAL
15 Relocate 15 King Palms from Big Canyon Reservoir
Each
$750.00
$11,250.00
3 Purchase and Install 13' King Palms
Each
$2,250.00
$6,750.00
18 Misc. Services
Each
$325.00
$5,850.00
1 Traffic Control set up and break down
Lump Sum
$3,850.00
$3,850.00
GRAND TOTAL: $27,700.00
COMMENTS: Misc. Services include: Tie fronds, 2" layer of mulch, Plaster sand, 3" perforated PVC w/ caps, Gravel
stump.
ESTIMATED BY: RANDY THOMPSON Date: 212/2010
ACCEPTED BY: Date:
Page 1 of 1
CITY OF NEWPORT BEACH
BUSINESS TAX CERTIFICATE
THIS TAX PAYMENT EXPIRES: 08/31/2010 ACCOUNTNUMBER: BT00013595
SERVICE ADDRESS: OWNER/PRINCIPAL NAME:
WEST COAST ARBORISTS INC r;�• r WE3T COAST ARSORISTS INC
2200 8 VIA BURTON ST z
<
OWNERSHIP TYPE:
ANAB824 CA 92806 CORPORATION
BUSINESS CATEGORY: TAX INCLUDES PAYMENT FOR:
}
LANDSCAPE CODNSHLING & � _ ., . 1.00 EMPLOYEES
ti
NO SELLERS P F ~- "(rJ DATE OF ISSUE: 10/06/1988
SELLERS PERMIT: ��•. �F
PRINT DATE: 09/17/2009
n
L
This is to Certify that
TEST COAST ARBORISTS, INC
2200 EAST VIA BURTON
ANAHEIM
NAME AND
ADDRESS
OFINSURED
CA 92806
ear
>
is, at the issue dare of" certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject a all their terms, exclusions and
Conditions and is not altered by any reduirement, term or condhion ofanv contract or other document with resuect to which this certificate may be issued,
TYPE OF POLICY
❑ CONTINUOUS
❑ EXTENDED
POLICY NUMBER
LIMIT OF LIABILITY
Insurance Group
❑ POLICY TERM
POLICIES UNTIL AT LEAST 3U
OF SUCH CANCELLATION HAS BEEN MAILED TO:
WORKERS
COMPENSATION
STATUTORY
7/112010
WA2 -66D- 039499 -079
COVERAGE AFFORDED UNDER WC
LAW OF THE FOLLOWING STATES:
CA
EMPLOYERS LIABILITY
Bodily Injury by Accident
1 0 0 OOOE.eb Ac .am
Bodily Injury By Disease
Elaine Ulan
B
Los Angeles 10603
AUTHORIZED REPRESENTATIVE
3300 Newport Boulevard
818 IN 7th Street, Suite 850
0564406
U
$1,000,000
Bodily Injury By Disease
Lewport Beach CA 92659
I OFFICE
PHONE DATE ISSUED
$1,000,000
COMMERCIAL
GENERAL LIABILITY
7/112010
TB2- 661 - 039499 -019
General Aggregate
$2,000,000
OCCURRENCE
Products I Completed Operations Aggregate
❑ CLAIMS MADE
2,000,000
Each Occumnce
R—EM-0—DA—TE-1
Personal & Advertising Injury
$1.000,000 Per Person / Organ'vstion
s�hh ec
OFICE DAMAGES $100,000 rIIEDICAL PAYMENTS $5,000
AUTOMOBILE
LIABILITY
7/1/2010
AS7 -661- 039499 -039
Each Accident —Single Limit
$1 000,000 B.I. And P.D. Combiced
Each Person
0 OWNED
Each Accident or Occurrence
0 NON -OWNED
D HIRED
Each Accidem ar Ocemrmae
OTHER
4!112009 71112010
7H2 -661 -039499 -049
$5,000,000 PER OCCURRENCElAGGREGATE
UMBRELLA EXCESS
LIABILITY
ADDITIONAL COMMENTS
See Addendum Attached.
• If the certificate expiration date is continuous or extended term you will be ratified if coverage is terminated or reduced before the certificate expiration date.
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772
Liberty Mutual
NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.)
Insurance Group
BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CAAkNICEL OR REDUCE THE
INSURANCE AFFORDED UNDER THE ABOVE
POLICIES UNTIL AT LEAST 3U
OF SUCH CANCELLATION HAS BEEN MAILED TO:
DAYS NOTICE
FICity of Newport Beach
CiC�t�v+ tJ L� Y �J
Elaine Ulan
B
Los Angeles 10603
AUTHORIZED REPRESENTATIVE
3300 Newport Boulevard
818 IN 7th Street, Suite 850
0564406
U
Los Angeles CA 90017
213. 624 - 1171 4/27/2010
Lewport Beach CA 92659
I OFFICE
PHONE DATE ISSUED
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772
MED INSURED CERTIFICATE HUL ItR 4127
WEST CQAST ARBORISTS, INC City of,Newpor[ Beach
2200 EAST. VIA BURTON 3300,Newpgr Boulevard
ANAHEIM CA 92806 Newport Beach %CA ,92659
RE: Tree. Maintenance. Performs CG 2070,0704 and CG 2037 0704 the City of Newport Beachr its officers, officials, %
employees and - volunteers are an additional insured under'the General Liability poII9yand CA 2048,0299 under the
Auto policy if required.bya.wiritten contract with Jhe Named Insured, but "only for the coverages, and limits provided by
-the -,palicy- and -.additional insured endorsements. Thi$-Insurance shall be:excess over any other cagerageaavailab*,fo
the additional insured; unless a written 8Tpemen[ obligates. the named insured to pro�id$ ih &urance.to the additional
insured on another basis- 10h at event, this policy will apply on the basis required by the written
agreement (pdmarylnon - contributory) -. 'Waiver of Subrogation app lies % to, the Workers Compensator policy per
endorsement WC 04.0306.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce
our right against the person or organization named in the Schedule. (Phis agreement applies only to the extent that you
perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule.
ThL; endorsement has not been approved and does not apps in the state of Pennsylvania.
Scbedule
Where required by contract or written agreement.
This endorsement is executed by the company below designated by an entry in the box opposite its name
Premium S
F-1 LIRFRTY MU'11W. INSURANCE, CO.xB'ANY
Effeetiw Date 07 /01/2009 Expuation Date 07101/2010
a1.IBPRIY NTVI*U'AL I.IRL INSURANCE: COMPANY
Por attachment to Policy No. WA2 -66D -039499 -079
aLIBERTY INSURANCE CORPORATION
Audit Basis
a I.bt INSURANCr. CORPORATION
E-1 THE FIRST LIBERTY INSURANCE CORPORATION
Issued To WEST COAST ARBORISfS INC
Issue!
07/01/2009
Loc. 6
WC 00 0313
(Ed. 484)
Countemgredby._......_... ..._.... ... _.............__. . ......... .... ........ ........._... .....
Authorised Representaftw
Sales Office arnl No. Fnd. Serial No.
RmglewoK4 CO/0972
Copyright 1983 National Cound on Compensation Insuraacc
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modified insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless
modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured
Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name of Person(s) or .any perxm or organisation wham you have agreed in writing to add as an additional
Organization(s): insured but only to coverage and minimum limits of insurance m4uired by the written
agreement, and in no event to exceed either the scope of coverage or the limits of
ins umnce provided in this policy.
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in
Section 11 of the Coverage Form.
Policy No: A87- 661-039499.039 Issued By: lAcrry Insurance Cosporatian
Effective Date: 04/01/2009
Expiration Date: 07/01/2010
Sales Office: Englewood, C010972 Endt Serial No:
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 11
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
GARAGE COVERAGE FORM
TRUCKERS COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
SCHEDULE
Premium:
Name of Person or Organization : Any person or organization for whom you perform work under a written
contract if the contract requires you to obatin this agreement from us,
but only if the contract is executed prior to the injury or damage
occurring.
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition 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 or your operations of a covered auto done
under contract with that person or organization. This waiver applies only to the person or organization shown
in the Schedule above.
Policy No: AS7. 661 - 039499-039 Issued By: Liberty Insurance Corporation
Effective Date: 04/01/2009
Expiration Date: 07/01/2010
Sales Office: Englewood, CO 0972 Endt Serial No:
AX 12 10 02 05 Page 1 of 1
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 O anization s :
Location(s) Of Covered Operations
Any owner, lessee, or contractor for whom you have
agreed in writing prior to a loss to provide liability
inusrance.
Information required to complete this Schedule if not shown above, will be shown in the Declarations.
A. Section If — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property
damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s) desig-
nated above.
B. With respect to the insurance afforded to these
additional insureds, the following additional exclu-
sions apply:
This insurance does not apply to "bodily injury" or
"property damage" occurring after:
1. All work, including materials, parts or equip-
ment furnished in connection with such work,
on the project (other than service, maintenance
or repairs) to be performed by or on behalf of
the additional insured(s) at the location of the
covered operations has been completed; or
CG 20 10 07 04 0 ISO Properties, Inc., 2004 Page 1 of 2
2. That portion of "your work" out of which the
injury or damage arises has been put to its in-
tended use by any person or organization other
than another contractor or subcontractor en-
gaged in performing operations for a principal
as a part of the same project.
This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY
Premium S
Effective Date 04 -01 -2009 Expiration Date 07 -01 -2010
For attachment to Policy No. TB2- 661- 039499 -019
Audit Basis
Issued To West Coast Arborists Inc
Countersigned by
AuUwdzed Representaliva
Issued Sales Office and No. End. Serial No.
04/01/2009 Englewdod, CO/0972
Page 2 of 2 0 ISO Properties, Inc., 2004 CG 20 10 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s):
Location And Description Of Completed Operations
Any owner, lessee, or contractor for whom you
Any location listed in such agreement.
have agreed in writing prior to a loss to proivde
liability insurance.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations,
Section 11 — Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam-
age" caused, in whole or in part, by "your work" at
the location designated and described in the sched-
ule of this endorsement performed for that additional
insured and included in the "products- completed
operations hazard ".
This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY
Premium 3
Effective Date 04/01/2009 Expiration Date 0 7/0112 01 0
For attachment to Policy No. TB2 -661 A39499 -019
Audit Basis
Issued To West Coast Arbodsts Inc
Issued
04/01/2009
4
�R � t'7
I.
Ccunlersigned by
_-
Authorized Representative
Sales Office anti No.
Englewood, CO/0972
End. Serial No,
CG 20 37 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1
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: Any person or organization with whom you have agreed in
writing to waive any right of recovery prior to a loss.
(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 Conditions (Section IV -
COMMERCIAL GENERAL 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.
This endorsement is executed by the LIBERTY MUTUAL FIRE INSURANCE COMPANY
Premium $
Effective Date 04/01/2009 Expiration Date 07101/2010
For attachment to Policy No. T82 -661 -039499 -019
Audit Basis
Issued To West Coast Arborists Inc
tiRf.RE rAm PREM)ENT
Countersigned by
Authorized Representative
Issued Sales Office and No. End. Serial No.
04101/2009 Englewood, CO/0972
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach.
Date Received: 04/28/10 Dept. /Contact Received From: Shari Rooks
Date Completed: 04/28110 Sent to: Shari Rooks By: Casey Rogers
Company /Person required to have certificate: West Coast Arborists
Service(s) Provided:
GENERAL LIABILITY
A.
INSURANCE COMPANY: Liberty Mutual Fire Insurance
B.
EFFECTIVE DATES: 07/01/09 to 07/01/10
C.
AM BEST RATING (A-: VII or greater): "A" (XV)
D.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
$2,000,000 to
E.
LIMITS (Must be $1 M or greater): What is limit provided?
$5,000,000 Umbrella
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers)
® Yes ❑ No
G.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
H.
PRIMARY & NON- CONTRIBUTORY WORDING (Must be
included): Is it included?
® Yes ❑ No
I.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ® No
J.
NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the
City will accept the
endeavor wording.
II. AUTOMOBILE LIABILITY
A. INSURANCE COMPANY: Liberty Mutual Fire Insurance
B. EFFECTIVE DATES: 07/01/09 to 07/01110
C. AM BEST RATING (A-: VII or greater) "A" (XV)
D. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
E. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min
for Waste Haulers):
What is limits provided? $1,000,000
F. PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only): N/A
Is it Included? n1a [:]Yes ❑ No
G. NOTIFICATION OF CANCELLATION: Although there is a provision that requires
notification of cancellation by certified mail; per Lauren Farley, the City will accept the
endeavor wording.
111. WORKERS' COMPENSATION
A. INSURANCE COMPANY: Liberty Mutual Fire Insurance
B. EFFECTIVE DATES: 07/01109 to 07/01/10
C. AM BEST RATING (A-: VII or greater): "A" (XV)
D. LIMITS: Statutory
E. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No
- -. -.. HAV€ ALL AROVE oeni uoaeevuTS REEK ME-T7
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
Casey Av,,v� Rogers
Agent of Brown & Brown Date
Broker of record for the City of Newport Beach
04/28/10
❑ Requires approval /exception /waiver by Risk Management B &B initials
Comments:
Approved:
Risk Management
Date
W _ _ w M,