HomeMy WebLinkAboutC-3897(F) - MSA for Marina Park Tree MaintenanceV
MAINTENANCE SERVICES AGREEMENT
WITH SENNA TREE COMPANY FOR
MARINA PARK TREE MAINTENANCE
THIS MAINTENANCE SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 23rd day of October, 2013 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and SENNA TREE COMPANY, a California corporation ("Contractor"), whose
address is 3115 Foothill Blvd. Ste M 140, La Cresenta, CA 91214 and is made with
reference to the following:
RECITALS
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 desires to engage Contractor to perform tree maintenance services for the
relocated trees from Marina Park ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance services described in this Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
("Services" or "Work") upon receipt of a notice to proceed. As a material inducement to
City entering into this Agreement, Contractor represents and warrants that Contractor is
a provider of first class work and Contractor is experienced in performing the Work
contemplated herein and, in light of such status and experience, Contractor covenants
that it shall follow the highest industry standards in performing the Work required
hereunder and that all materials will be of good quality. For purposes of this
Agreement, the phrase "highest industry standards" shall mean those standards of
practice recognized by one or more first-class firms performing similar work under
similar circumstances.
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2.2 Contractor shall perform all Work 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.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a
diligent and timely manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand -delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except
as otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed Nine Thousand Three Hundred Sixty Dollars and 00/100
($9,360.00), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the speck task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Click here to enter text. to
be its Project Manager. Contractor shall not remove or reassign the Project Manager or
any personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Senior Civil Engineer or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
i. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
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8.1 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 or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 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 highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 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 subcontractors, or its workers, or anyone employed by either of them.
9.2 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 Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and/or willful acts, errors
and/or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all 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 Work by Contractor or its agents.
9.6 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to Contractor or its
employees. Nothing in this Agreement shall be deemed to constitute approval for
Contractor or any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement: a Faithful Performance Bond in the amount of one hundred
percent (100%) of the total value of the trees as set forth in this Agreement in the form
attached hereto as Exhibit D which is incorporated herein by this reference.
15.2 The 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.
15.3 Contractor shall deliver, concurrently with execution of this Agreement,
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 State of California.
16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint -venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50%) or more of the voting power or
twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -
venture.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
1$. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
21. 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 Agreement. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 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 Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
23.2 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 Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
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.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Iris Lee, Senior Civil Engineer
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: John Mote, President
Senna Tree Company
3115 Foothill Blvd. Suite M 140
La Cresenta, CA 91214
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 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, and thereafter diligently take steps to cure the default, the non -defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
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27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ("FLSA") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 Integrated Contract. 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.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTO_R EY'S OFFICE
Date: 1 l / �� Q
In
Aaron C. Harp
City Attorney
ATTEST: /
Date:
By: hk
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:,
By:r xwp
David A. Webb
Public Works Director
CONTRACTOR: Senna Tree Company,
a California corporation
DaterZ? — / 3
By: 7 ;��
John Pote
President
Date: 2-7-15
La r Martinez
O is Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Faithful Performance Bond
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
•
EXHIBIT A
SCOPE OF SERVICES
See Technical Specifications:
SECTION 32 5643
TREE RELOCATION
SECTION 32 5800
LANDSCAPE MAINTENANCE
MARINA PARK
PACKAGE1
DEMOLITION AND TREE RELOCATION
SECTION 32 9643
TREE RELOCATION
PART 1 -GENERAL
1.1 WORK INCLUDED
A. Move and replant trees, which have been identified for relocation, to temporary holding area as
designated or to the final location to be transplanted.
B. Perform all pruning operations.
C. Submit maintenance plan for approval by the Engineer.
D. Perform all work, and provide all materials incidental to the above items required to provide a
complete installation.
E. Work Related in other Sections:
1. Section 42 4113 — Demolition
1.2 DEFINITIONS
A. 'Injury" is defined, without limitation, as any bruising, scarring, tearing, or breaking of roots,
branches, or trunk.
B. "Drip Line" is defined as the outermost limits of the tree canopy.
1.3 SUBMITTALS
A. Prior to relocating any trees, submit all related drawings and data.
B. Product data:
1. Pruning materials.
2. Guying materials.
C. Detailed descriptions:
1. Maintenance plans.
2. Moving equipment.
D. Plant Guaranty:
1. Provide written certificate identifying the number of trees relocated, their identification
number from the tree survey, and guaranteeing their survival or replacement per the
requirements of this section.
2. Include report by Certified Arborist of trees after relocation.
1.4 REQUIREMENTS
A. Any conflicts between these specifications and the referenced specifications, these
specifications shall govern. Any conflicts between the referenced specifications and the
standards, the most stringent requirements shall govern.
329643-1
Tree Relocation
MARINA PARK
PACKAGE 1
DEMOLITION AND TREE RELOCATION
B. When the palm trees are removed and the work within the areas to which the trees are to be
transplanted is not completed to the stage at which the trees can be planted, the trees shall be
stored and maintained until transplanting can be completed. In other cases, the palm trees
shall be planted at the new locations the same day the palm trees are removed.
1.5 QUALITY ASSURANCE
A. Qualification of the Contractor: Contractor for tree relocation work meet the following experience
requirements
1. They shall have a minimum of 5 years of experience moving large specimen trees,
2. Their experience shall include relocating palms of a minimum of 50 feet in height for at
least two separate projects, with a success rate of 80% or better..
3. They can provide references for at least five projects involving the relocation of large
trees and /or palms
B. Qualification of Workmen: Trimming shall be performed only by a licensed arborist Provide at
least one person approved by the Engineer who shall be present at all times during tree
protection and trimming operations, who shall be thoroughly familiar with the type of work
involved, and who shall direct all protection and trimming work.
C. All pruning will be conducted following the City's Pruning guidelines.
D. During the progress of the work, a superintendent and all assisting personnel shall be on the
site, all satisfactory to the Engineer. This superintendent shall not be changed, except with the
consent of the Engineer. The superintendent shall represent the Contractor in the Contractor's
absence, and all direction given to the superintendent shall be as binding as if given to the
Contractor.
E. Reference specifications and standards:
1. International Society of Arboriculture (ISA) "Guide for Establishing Values of Trees and
Other Plants", prepared by the Council of Tree and Landscape Appraisers (CTLA).
2. "Cabling, Bracing and Guying Standards for Shade Trees", as published by the National
Arborist Association (NAA), 174 TR 101, Bedford, New Hampshire, 03102.
1.6 JOB CONDITIONS
A. Prior to performing any work of this Contract, Contractor shall call for a site meeting with the
Engineer. This meeting shall occur prior to construction of any nature on the site. The purpose
of the meeting shall be to establish the conditions of all existing trees to be preserved upon
receipt of the site by the Contractor and to review the proposed relocation sequencing and
condition of the temporary holding area. Failure to call for said meeting implies acceptance by
the Contractor of trees to be preserved in their existing condition.
B. Sequencing schedule: Coordinate and cooperate with other trades to enable the work to
proceed as rapidly and efficiently as possible.
1.7 GUARANTEE
A. Contractor shall guarantee that all trees covered by the provisions of this Section will be healthy
and in flourishing condition of active growth for one year from the date of Substantial
Completion.
329643-2 August 19, 2013
Tree Relocation
MARINA PARK
PACKAGEI
DEMOLITION AND TREE RELOCATION
B. During the warranty period the Contractor shall be liable for all trees covered by the provisions
of this Section and shall replace trees that die in a timely manner.
C. Contractor will not be held responsible for failures due to neglect by the Owner, vandalism, etc.,
during the warranty period. Report such conditions to the Owner.
PART2-PRODUCTS
2.1 MATERIALS
A. Boxing materials, ball and burlap materials: Provide moving materials in accord with current
horticultural practices.
B. Pruning materials: Pruning sterilant shall be Physan 20 Fertilome Type A or diluted bleach.
C. Replacement Trees: For all trees that are not thriving at the conclusion of the contract period,
the following replacement schedule will apply.
Tree Replacement
Washingtonia robusta: 40' and taller 30' STH Washingtonia filifera
Washingtonia robusta 25'— 40' 25 BTH Washingtonia filifera
Washingtonia robusta15'-25' 20' BTH Washingtonia filifera
Washingtonia robusta less than 15' 15'BTH Syragus romanzoffianum
D.. For trees damaged during demolition and other construction activities, there will be an
additional penalty of $5,000 per incident of damage
2.2 PALM BACKFILL SOIL
A. Consisting of #16 silica sand consisting of following qualities:
1. Good water retention.
2. Good percolation for excess water.
3. Low in salts and boron. In no cases is boron allowed to measure greater than 1 PPM as
measured on saturation extract method.
B. In order to insure conformance to this Section, provide soil sample testing of backfill soil when
requested by Engineer. Testing of these samples to be paid for by Contractor.
2.3 FERTILIZER
A. Root Growth Stimulant:
1. Vitamin B-1.
a. Acceptable Manufacturers:
1) Cal Liquid.
2) Cooke,
3) Chican.
4) Ortho.
B. Palm Tree Fertilizer:
1. Consisting of following minimum percents by weight:
a. 9% Nitrogen.
b. 3% Phosphoric Acid.
c. 9% Potash.
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MARINA PARK
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DEMOLITION AND TREE RELOCATION
d. 3% Calcium.
e. 4% Magnesium.
f. 2% Iron.
g. 5% HumicAcids.
2. Acceptable Manufacturers:
a. Gro -Power Palm and Tropical Fertilizer (909) 393-3744.
C. Palm Frond Foliar Drench:
1. Acceptable Manufacturers with following rates for a 100 gallon tank mix:
a. Cleary 3336 (8 oz).
b. Nufarm T -Methyl E -Pro 50 WSB (8 oz.).
PART 3 - EXECUTION
3.1 GENERAL
A. Contractor shall conduct operations continually to completion, unless weather conditions are
unfavorable.
B. Trees subject to the provisions of this Section, which have been injured, shall be repaired
immediately by an approved, certified arborist.
C. Preparation:
1. Contractor shall spray all trees to be moved prior to digging with "Witt proof". Applicator
shall be made in accord with the manufacturer's printed directions.
2. All trees to be relocated shall be root drenched with Subdue, at the rate of 3 oz. per 100
gallons of water.
3. The Contractor shall control the moisture content of the soil around the trees so that no
soil breaks away from the ball during root trimming.
4. Excavate palm tree pits with vertical sides at a size that will accommodate the rootball
and at least 12 -inches below rootball.
5. Adjust existing irrigation system as necessary to accommodate relocated tree at new
location and maintain complete irrigation coverage during time tree(s) are in the
temporary location.
A. All excavation for the planting of relocated trees shall have been completed and approved by
the Owner prior to the relocation operations. All trees to be relocated shall ultimately be
replanted on the site.
B. Before each palm tree is moved, Full dead fronds, mostly broken fronds and frond stubs shall
be removed from the trunk. Other fronds and frond stubs shall be removed at the trunk in a
manner that will not injure the tree trunk. Minimize the removal of fronds, and do not tie up
palms except for duration of move.
C. Palms can be dug by hand, with gasoline powered tree spades, or spades mounted on small
tractors. No excavation shall be done closer than 24 inches to the trunk at ground level and
shall extend below the major root system. The minimum dimension of the root ball shall be not
less than 48", The bottom of the root ball shall be cut off square and perpendicular to the trunk
below the major root system. Under no condition shall the contractor cut down the size of the
root ball in width or depth. Palms grown in very sandy soils, which may fall away from the roots,
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will require hand digging. Prior to digging, the soil around the root system should be thoroughly
wetted to help keep the root ball together. Dug palms should be moved and replanted the same
day.
D. The roots of each palm tree or clump of palm trees shall be balled in a manner approved by the
Engineer. Approval shall be obtained before removing any palm tree to be transplanted. The
diameter and depth of each root ball shall be a minimum of 8 inches larger than the trunk
diameter at the ground line. Exposed root balls shall be kept covered with wet burlap or canvas
until the trees are planted.
E. Holes resulting from the removal of transplanted palm trees shall be backfilled the same day the
trees are removed. Soil from the surrounding area may be used to backfill the holes.
3.3 MAINTENANCE DURING TRANSPLANTING
A. Soil around trees shall be dried out so no soil breaks away from the ball during trimming, but not
so dry that the tree will be damaged. Under no circumstances shall the root ball be allowed to
dry out. Exposed ends of all roots shall be out clean and square. Hose drip irrigation to saturate
the root ball only shall be administered during this period.
B. Maintenance of the trees during the transplanting, storage, and relocation period shall be the
responsibility of the Contractor.
3.4 MOVING PROCEDURES
A. When moving palms out of the field, they should be well supported to prevent injury to the
tender heart. Stems of clustering palms should also be tied together for additional support. A
tree crane is required to lift large palms out of the field, and the trunk should be protected with
burlap or other material wherever ropes, cables, chains or straps will be attached.
B. Trees shall be transported in a manner to least disturb the tree root ball, trunk, and head during
relocation. Prior to the commencement of the relocation, the Contractor shall submit an
equipment list and description of work procedures for approval by the Engineer. Using approved
equipment, the tree shall be lifted without any damage to the tree.
3.5 PALM TREE INSTALLATION
A. Obtain approval of Engineer prior to beginning palm tree planting.
B. Scarring of palm tree trunk caused by inappropriate handling by Contractor may result in
rejection of palm by Engineer. Replacement may be requested at Contractor's sole expense.
C. Prepare proper sized palm tree pits and verify that pits meet percolation test review by Engineer
before installing palm trees.
D. Prior to placing palm tree in palm tree pit, tamp and moisten bottom of pit. Set palm tree plumb
and hold rigidly in position until backfill sand has been wet -tamped firmly around rootball.
Continuously adjust palm tree to ensure a plumb and securely planted palm tree. Water -jet
backfill mix as required to remove air pockets.
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DEMOLITION AND TREE RELOCATION
E. Provide adequate staking of palm tree during palm establishment period. Obtain approval of
Engineer for intended method of staking palm trees. Costs of staking palm trees to be covered
by written Change Order.
F. Do not plant palm trees below palm trees original grade line.
G. Root Growth Stimulant:
1. Apply root growth stimulant when backfilling is between 112 to 213 up rootball.
2. Application Rates:
a. 30 -feet in height and smaller: One quart.
b. 30 -feet in height and taller: Two quarts.
3. Pour root stimulant full strength equally distributed around rootball. Water -jet into backfill
mix.
H. Do not use excess soil generated from excavating palm tree pits in backfill mix or in establishing
final grade.
Protect planting areas from excessive vehicle compaction when craning palm trees to final
planting site.
3.6 REPAIR COMPENSATION
A, A certified arborist shall direct repair of trees damaged by construction operations. Repairs shall
be made promptly after damage occurs to prevent progressive deterioration of damaged trees.
B. Any tree, which is damaged owing to the Contractor's negligence or failure to provide adequate
protection, shall be replaced as follows:
1. Replacement shall be the according to the chart given in Section 2.1C above, including
(as approved by the Engineer):
a. Actual cost of item boxed out of the ground.
b. Transportation or delivery of boxed item to site.
C, Planting and staking.
d. Maintenance, including watering, fertilizing, pruning, pest control, and other care to
bring replacement to same general condition of original item.
C. Damaged tree limbs or trees which have died as a result of injury during construction shall
remain the property of the Owner and shall remain or be removed by the Contractor as directed
by the Engineer.
3.7 TREE MAINTENANCE
A. Irrigation
1. Closely monitor water intake to palm trees to insure adequate water is being provided to
palm tree at all times.
2. It is critical that palm trees receive a plentiful supply of water during palm establishment
period.
3. Minimize excess Irrigation where possible. Adjust irrigation controller times accordingly
to provide ideal amount of water to palm trees.
B. Palm tree frond pruning
1. Exercise extreme care when pruning palm tree fronds. Trim green or partially green palm
tree fronds or remove if they have been damaged from installation. Trimming of green
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DEMOLITION AND TREE RELOCATION
palm fronds within first 3 years of establishment may diminish palm tree's resources to
adequately establish itself.
2. If palm tree frond pruning is necessary, dip pruning tools in a solution comprised of 50%
bleach and 50% water before beginning pruning operations and before moving from one
palm tree to next.
C. Fertilization
1. Apply specified palm tree fertilizer 45 days after planting.
D. Contractor shall be responsible to perform periodic inspections of transplanted trees and submit
written proposals to the Engineer for additional maintenance work as may be required to ensure
the health and general well-being of the trees. Contractor shall retain, at the direction of the
Engineer additional specialists as may be required to perform this work.
E. The maintenance of the trees shall comply with Section 32 9800 - Landscape Maintenance
R In addition to the scheduled maintenance, during the time of this phase of work, the Contractor
shall provide required maintenance in the last week of this Contract and shall leave trees in
good condition.
G. Trees shall be subject to a guarantee period of one year. Trees that die shall be replaced by the
Contractor in a timely manner.
3.8 POST RELOCATION ARBORISTS REPORT
A. See Section 01 3300 for requirements for Post Relocation Certification. The report will be
prepared no more than 2 months before the end of the maintenance period and release of final
bond. The report's description of the trees will be the basis of evaluating the need for
replacement and penalties.
END OF SECTION
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Tree Relocation
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DEMOLITION AND TREE RELOCATION
SECTION 32 9800
LANDSCAPE MAINTENANCE
PART 1 -GENERAL
1.1 GENERAL CONDITIONS
A. General Conditions, Supplementary Conditions, and applicable portions of Division 1 apply to
Work of this Section as if printed herein.
1.2 SCOPE OF WORK
A. After tree relocation and irrigation work have been completed, reviewed and accepted by
Owner, furnish materials, labor, transportation, services and equipment necessary to provide
landscape maintenance as indicated on Drawings and as specified herein.
B. Work included in this Section:
1. Continuous maintenance of palms and any other trees relocated as a part of this contract
2. Maintenance and operation of irrigation system during specified landscape maintenance
period.
C. Work related in other Sections:
1. Section 32 8000 - Irrigation System: Adjustment and repair of irrigation system.
2. Section 32 9643 — Tree Relocation: Maintenance of relocated trees.
1.3 LANDSCAPE MAINTENANCE PERIOD
A. Landscape Maintenance Period: 365 days from date of Final Acceptance.
B. Continuously maintain trees involved in this Contract during progress of Work and during
landscape maintenance period until Final Acceptance by Owner has been granted.
C. Improper landscape maintenance or possible poor condition of planting at termination of the
scheduled landscape maintenance period may cause landscape maintenance period to be
continued at no cost to Owner.
D. In order to carry out plant establishment work, furnish sufficient staff and adequate equipment to
perform Work during landscape maintenance period.
E. For any day that Contractor fails to adequately perform landscape maintenance, as determined
necessary by Owner's Authorized Representative, that day will not be credited as one of
landscape maintenance working days.
F. Contractor shall be available for weekly meetings with City Staff for the duration of the the
maintenance period.
G. Prior to being placed on landscape maintenance, submit a schedule of activities planned during
landscape maintenance period. This schedule needs to be accepted by Engineer prior to start
of landscape maintenance. Document scheduled changes and obtain acceptance by Owner's
Authorized Representative.
PART2-PRODUCTS
August 19, 2013 329800-1
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MARINA PARK
PACKAGEI
DEMOLITION AND TREE RELOCATION
2.1 GENERAL
A. Submit a list of materials that are to be used during landscape maintenance that are not
specked in Section 32 6943 — Tree Relocation in written form to Engineer for review and
approval.
PART 3. EXECUTION
3.1 GENERAL LANDSCAPE MAINTENANCE
A. Keep landscape areas free of debris.
B. Keep planted areas weed -free. Cultivate at intervals of not more than 7 calendar days.
C. Maintain adequate protection of Work area. Repair damaged areas.
3.2 TREE CARE
A. Watering:
1. When hand watering, use a water wand to break water force.
2. Replenish wood mulches to reduce evaporation and frequency of watering.
3. Regulate irrigation watering times to minimize erosion and gullying.
B. Palm Care
1. Maintain adequate moisture in the root zone
2. Drench the root zone with fungicide once every three weeks of the first three months
3. Apply a light foliar spray of soluble micronutrients to the foliage between 60-75 days after
transplanting.
4. Apply a light surface application of slow release granular palm fertilizer at the margins pf
the rootball between 75-90 days after transplanting
C. Weed Control:
1. Keep planted areas free of weeds.
2. Use recommended legally approved herbicides.
3. Avoid frequent soil cultivation that destroy shallow surface roots.
4. Replenish lost wood mulch to reduce weed growth. Maintain a 2 -inch mulch layer.
D. Insect and Disease Control:
1. Maintain insect and disease control during landscape maintenance period.
2. Regularly inspect all plant materials for signs of infestation:
a. Presence of insects, moles, gophers, ground squirrels, snails and slugs in planting
areas.
b. Discoloration, spotting or blotching on leaves, fronds, or needles.
G. Unusually light green or yellowish green color inconsistent with normal green color
of leaves.
E. Replacement of Plants: Replace dead or dying palms per the requirements of Section 4 of the
Special Provisions.
3.3 IRRIGATION SYSTEM
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Landscape Maintenance
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PACKAGE 1
DEMOLITION AND TREE RELOCATION
A. Provide maintenance of irrigation system consisting of cleaning and adjusting sprinkler nozzles,
repairing damaged equipment, servicing valves, programming controllers and other activities
required during landscape maintenance period.
3.4 FINAL WALKTHROUGH
A. At completion of landscape maintenance period, schedule a Final Walkthrough with Owner's
Authorized Representative.
B. Owner, General Contractor and others deemed necessary by Engineer may be present at Final
Walkthrough.
C. If, during Final Walkthrough Engineer is of opinion that landscape maintenance has been
substantially completed in accordance with this Section, written notice of recommendation to
allow Contractor to be released from Project will be submitted to Owner for approval. This
report will note any incomplete punch list items from Final Walkthrough and a date on which
these items must be completed. Complete remaining punch list items within five working days
after Final Walkthrough was performed by Owner's Authorized Representative.
3.5 CLEANUP
A. Upon completion landscape maintenance, remove rubbish, waste and debris resulting from
Contractor's operations.
B. Repair scars, ruts or other marks in landscaped areas caused by Contractor.
C. Remove equipment, implements of service, and leave Work area in a neat and clean condition.
Sweep clean paved areas.
END OF SECTION
329800-3
Landscape Maintenance
EXHIBIT B
SCHEDULE OF BILLING RATES
$780/Month for 12 months. Total: $9,360.00
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIRMANITORIAL SERVICES
1. Provision of 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, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. 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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, products -
completed operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract) with no endorsement or modification
limiting the scope of coverage for liability assumed under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of 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 each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its suboonsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, shall
provide or be endorsed to provide that City and its officers, officials,
employees, and agents shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters
into contracts with on behalf of City will be submitted to City for review.
Failure of City to request copies of such agreements will not impose any
liability on City, or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
C. City Remedies for Non -Compliance If Contractor or any sub -
consultant fails to provide and maintain insurance as required herein, then
City shall have the right but not the obligation, to purchase such
insurance, to terminate this Agreement, or to suspend Contractor's right to
proceed until proper evidence of insurance is provided. Any amounts paid
by City shall, at City's sole option, be deducted from amounts payable to
Contractor or reimbursed by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to
involve City.
Contractor's 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.
EXHIBIT D
The premium charges on this Bond is $1 500.00
being at the rate of $ 30.00 thousand of the Contract
price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
SENNA TREE COMPANY, a California corporation hereinafter designated as the
"Principal," a contract for relocated Marina Park trees tree maintenance 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 Developers Surety and Indemnity Company
duly authorized to transact business under the laws of the State of
California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of
Newport Beach, in the sum of Fifty Thousand Dollars and 00/100 ($50,000.00) lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the value of the trees, 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 falls 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 specked 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 City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Senna Tree Company Page D-1
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 City.
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 been duly executed y the
Principal and Surety above named, on thel Bth day of December
Senna Tree Company
Name of Contractor (Principal) Autho ed Signaturellitle
Developers Surety and Indemnity Company
Name of Surety
Authorized Agent &9nature
500 S Kraemer Blvd, Suite 300, Brea, CA 92821 Shauna Lucero, Attorney -in -Fact
Address of Surety Print Name and Title
-
Telephone
NOTARYACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
clic-k here to f nfer text' Page D-2
ACKNOWLEDGMENT
State of Ca' omia
County of1�5
on 20 ��-' before me,
.24A4 i—h–'�6�4��,� r�QZ Notary Public, personally appeared
2iM- 1. G- f -to who
Proved to me on the basis of satisfactory evidence to be the personal whose nameW istars—
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in hia� authorized capacity(ies), and that by hisl cfteir signatures(e) on the
instrument the person(4), or the entity upon behalf of which the person(a) 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.
my hand and official seal.
State of California
County of
On
ACKNOWLEDGMENT
proved to me on the basis of satisfi
subscribed to the within instrument
same in his/her/their authorized ca
instrument the person(s), or the grlii
instrument.
ME
20 before me,
appearedNotary Public, personally
who
arya ence to be the person(s) whose name(s) islare
t knowledged to me that helshe/they executed the
6Ity(ies), and that by his/her/their signatures(s) on the
upon behalf of which the person(s) acted, executed the
I certify under PENAL, OF PERJURY under the laws of the State of California that the
foregoing paragrapl , true and correct.
WITNESS mOand and official seal.
Signature (seal)
LAYAA mnn' mu
Commiasibn Y 2050098
Notary public • Califomia
''.
Loa AngNas County
MW em n. Ezoirts Doc S. 2t
ACKNOWLEDGMENT
proved to me on the basis of satisfi
subscribed to the within instrument
same in his/her/their authorized ca
instrument the person(s), or the grlii
instrument.
ME
20 before me,
appearedNotary Public, personally
who
arya ence to be the person(s) whose name(s) islare
t knowledged to me that helshe/they executed the
6Ity(ies), and that by his/her/their signatures(s) on the
upon behalf of which the person(s) acted, executed the
I certify under PENAL, OF PERJURY under the laws of the State of California that the
foregoing paragrapl , true and correct.
WITNESS mOand and official seal.
Signature (seal)
ACKNOWLEDGMENT
State of California
County of Fresno )
On before me, Pamela Severson, Notary Public
(insert name and title of the officer)
personally appeared Shauna Lucero
who proved to me on the basis of satisfactory evidence to be the person(s whose name(.) isltx
subscribed to the within instrument and acknowledged to me that he/she/tthey executed the same in
Ptrs(her/the�r authorized capacity(iN, and that by his/her/their signature%,on the instrument the
person, or the entity upon behalf of which the personKacted, 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. PANEtlt#19
COMM. p1932672
6 Notary Public - Ca omomia Q
Fresno County
r� A '( MY Comm. Expires Apt, 15, 2015 t
Signature i1Jpa y� w�rsbr, (Seal)
`& : e—V�V\M ��ee
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA92623 (949) 2613300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint: ***Shauna Lucero***
as their We and lawful Attomey(sym-Fact, to moire, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and co itractr, Of suraty-
strip giving and granting unto said AtoirnMs}in-Fact full pourer and authority to do and to perform every act necessary, requisite or proper to be done in comection therewith as each of
said corporations could dc, but reserving Do each of mid corporatonsfull power of substif firon and revocation, and all of the acts of saldAttaney{W} FacL pasumtto tem presents,
are hereby ratified and confined.
This Power ofAttaney sgrmted and is signed by facsimile under and by authority of ttx following rescaboas adopted by the respective Boards ofDaecters ofDEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of Jarmary lst, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Examfive Vice -President Senior Vice -President a my lice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to meats, an behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney,
RESOLVED, FURTHER, that the signatures of such officers may be affixed to my such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or ceroficate, bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect W any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by
thea respective offices and attested by thea respective Secretary or Assistant Secretary this May 23, 2013.
ry
By: ..........�fL,c*�r AND 'z
DardeiY + t`f ty hgPANYO
Dung. Senior Vice -President £ y4;Q ppRgr�FA',iQPPOp,9
;rz P OCT a R Y 2G OCT. 5 t•`Q
10 Dor 1935 `a1 'uujj 1967 O
g N...O..... .. rcePnasident !3 a Gx
�^f<IFOP�\P
State of California
County of Orange
On May 23 2013 before me, Gina L Gamer Notary Public
Date Here Insert Name and Title of the Officer
pasmu4y appeared Del Young and Gr N. Okum
N(s) of Sgner(s)
who proved to me on the basis of sadsfactcry evidence to be the pmor(s) whose name(s) stare subscribetl to
the within instrument and acknowledged to me that helsheIthey executed the same in hismer(lheir authorized
rapadty(ies), and that by hsberltheir signature(s) on the instrument the person(s), or the entity upon behalf of
GINA L. GAR ER iwhich the person(s) acted, executed the instrument.
„ COMM. # 2021213
NCITARYPURLCGALIFORM I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
ORAMM (tXIM A true and correct.
'eV^i+`a++t-°-rld WITNESS my hand and official seal, �/
Place Notary Seal Above Signature _
Dina L. Camer, Notary Public
CERTIFICATE
The undersigned, as Secretary &Assistant Secretary of DEVELOPERS SURETYAND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
ce" that the forego" Power ofAdorney remains in full face and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set turn in the Poorer of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 18th day of December , 2013 .
By:
Mark J. Lansdon, Assistant Secretary
ID-1380(Rev.05r13)
4� �°� CERTIFICATE OF LIABILITY INSURANCE
lilt /2013
THIO dERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endomement(s),
PRODUCERNAME:
Landscape Contractors (Lic#0755906)
NTACT sag
Elizabeth Ngo, CISR
PNONE (5591650-3555 1FAX(559)650-3558
Insurance Services, Inc.
EMAIL .ango@lcisinc.com
INSURERS AFFORDING COVERAGE NAtCC
1835 N. Fine Avenue
INSURERAARCH Insurance Company 11150
Fresno CA 93727
INSURED
INSURER e
INSURER C:
Senna Tree Company
INSURER D:
3115 Foothill Blvd. Suite M140
INSURER E
INSURER F:
La Crescents CA 91214
COVERAGES CERTIFICATE NUMBER:13-14 Pkg S Auto REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INER
LTR
TYPE OF INSURANCE
P CY NUMSER
POLICY F
MM/e0N
41CY E%P
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
DAMAGE TO, RI
PREMISES Es ocw $ 100+000
EIGX
COMMERCIAL GENERAL LIABILITY
A
CLAIMS -MADE 7OCCUR
LCPXG000620S
/1/2013
/1/2014
MED ENE(Arl oie PMOM $ 5,000
PERSONAL &ADV INJURY $ 1,000,000
lanket Contractual
X $500 PD DED
GENERAL AGGREGATE $ 2,000,000
Giability
GENL AGGREGATE
LIMIT APPLIES PER
PRODUCTS - COMPIOP AGO $ 2,000,000
$
X POLICY
PRO LOC
X JFCT
AUTOMOBILE UASIDTY
GUMBINt IN LE LMIT
Be acod it 1,000,000
BODILY INJURY (Per Parson) $
A
X ANY AUTO
ALL OWNED SCHEDULED
HIRED NON -OWNED
X HIRED AUTOS X AUTOS
LCPKGO006205
/1/2013
/1/2014
BOOILYINJURY(Pw accident) $
PROPERTY DAMAGE
Per accident $
uninsured motorist combined $ 11000,0001
:UMBRELLA UAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS UAB
CLAIMS -MADE
DED I I RETENTIONS
It
WORKERS COMPENSATION
WC STATU- OTH-
ER
AND EMPLOYERS' LIAABILITY--
ANYPROPRIETOPJPARTNERIEXECUTIVE YtN
OFFICERIMEMSER EXCLUDED? El
(Mandatory in NH)
NIA
E. L EACH ACCIDENT $
E.I- DISEASE - EA EMPLOYE $
_
E .L. DISEASE -POLICY LIMIT $
mdesenbe under
SCRiPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, U more apace Is required)
RE: All landscape operations performed by or on behalf of the named insured.
Primary Insurance; Blanket Additional insured per attached OOGLO434000108 6 CG2404 & CA20180299 &
OOCAOOS0000408
City of Newport Beach its elected or appointed officers, agents, official, employees and volunteers
(Excluding Professional Liability) are named as additional insured
City of Newport Beach
Public Works Department
ATTN: Lucie Delorme
100 Civic Center Drive
Newport Beach, CA 92660
ACORD 26
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Ngo, CISR/KSAENZ _t�
U
INS025 ((2olo:S>o1 The ACORD name and logo are registered marks of ACORD
Zi J
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULLY.
BLANKET ADDITIONAL INSURED PROTECTION ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
1. SECTION II - WHO IS AN INSURED is amended to include as an insured any
organization or person required to be named as an additional insured pursuant to a
written contract or agreement.
The insurance provided by this endorsement is subject to the following:
a. This insurance does not apply to any person or organization not specifically
approved by us as an additional insured.
b. Any insurance afforded an additional insured under this endorsement shall not
begin before the date that the person or organization is approved by us as an
additional insured.
c. ,The Limits of Insurance under this insurance, which are listed in the Declarations
of this policy, shall not be increased, regardless of the number of additional
insureds, or the limits specified in the contract or agreement.
d. Any coverage that is not provided under an additional insured's liability insurance
policy for your acts, errors, or omissions is also not provided under this insurance.
e. With respects to the additional insured, this insurance does not apply to: 1.
"Property Damage" to "your product' arising out of it or any part of it. 2. "Property
Damage" to "your work" arising out of it or any part of it and included in the
products -completed operations hazard". 3. Liability for "Property Damage" or
"Bodily Injury" for acts, errors, omissions of an additional insured.
If required under written contract, this insurance will apply to an additional insured
as primary insurance and other insurance which may be available to such
additional insured shall apply on an excess basis.
g. If required by a written contract, we waive our right to recovery against any
additional insured because of payments we make for injury Or damage arising out
of :your ongoing operations, or "your work" done under a contract with that
additional insured and included in the "products completed operations hazard".
All other terms and conditions of this Policy remain unchanged.
Endorsement Number: N/A
Named Insured: Senna Tree Company
This endorsement is effective on the inception date of this policy unless otherwise stated herein.
Endorsement Effective Date: 11-20-2013
00 GL0434 00 01 08 Includes copyrighted material of Insurance Services Office, Inc Page 1 of 1
.with its permission
POLICY NUMBER: LCPKGO006205
COMMERCIAL GENERAL LIABILITY
Senna Tree Company
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
City of Newport Beach its elected or appointed officers, agents, official, employees and volunteers (Excluding
Professional Liability) With respects to work performed @ All landscape operations performed by or on behalf of the
named insured
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER-
CIAL 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.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 ❑
POLICY NUMBER: LCPKG0006205 COMMERCIAL AUTO
NAMED INSURED: Senna Tree Company CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies 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.
This Endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below.
Endorsement Effective: 11-20-2013
Countersigned By:
Named Insured: Senna Tree Company
Authorized Ra resentative
SCHEDULE
Name of Person (s) or Organization (s):
City of Newport Beach its elected or appointed officers, agents, official, employees and
volunteers (Excluding Professional Liability) With respects to work performed @ All
landscape operations performed by or on behalf of the named insured
(if no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
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.
CA 20 48 02 99 0 ISO Properties, Inc., 1998 Page 1 of 1 13
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
Section IV - Business Auto Conditions, A. - Loss Conditions, S. - Transfer of Rights of Recovery
Against Others to Us, is amended by the addition of the following:
However, we will waive any right of recovery we have against any person or organization with whom you
have entered into a contract or agreement because of payments we make under this Coverage Form
arising out of an "accident" or "loss" if:
(1) The "accident' or "loss" is due to operations undertaken in accordance with the contract existing
between you and such person or organization; and
(2) The contract or agreement was entered into prior to any "accident' or "loss".
No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the
person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds
obtained by any injured employee.
All other terms and conditions of the Policy remain unchanged
City of Newport Beach its elected or appointed officers, agents, official, employees and volunteers (Excluding
Professional Liability) With respects to work performed @ All landscape operations performed by or on behalf of
the named insured
Endorsement Number: NIA
Policy Number: LCPKG0006205
Named Insured: Senna Tree Company
This endorsement is effective on the inception date of this policy unless otherwise stated herein.
Endorsement Effective Date: 11-20-2013
00 CA0080 00 04 08 Page 1 of 1
A� J4'E'� CERTIFICATE OF LIABILITY INSURANCE
1112112013YY'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate bolder In lieu of such endomement(s).
PRODUCER
Plymouth InsuranceME:
Y Agency, Inc.ITtc.
2134 US Highway 19 North
Holiday, FL 34691
CONT
e .877-245-0682 ',', PMnzc No
E-MAIL
AD E ,
tNSURENIa AFFORDING COVERAGE
NAM
INSURERA: State National jqS a COm a Inc
12831
INSURED
South East Personnel Leasing, Inc.
INSURERII:
COMMERCIAL GENERAL LIABAITY
CLAMS -MADE FOCCUR
(LCF) john C. Mote dba Senna Tree Company
INSURER D:
MED EXP WW one arson} S
2739 US Highway 19 North
INSURER E:
Holiday, FL 346691
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._
INSR
TYPE OF INSURANCE
CITY OF NEWPORT BEACH
PQLIDY NtWRER
POLICY EFF
MOL pY�YXP
P
_
LIMITS
NEW RT BEACH, CA 92660
GENERAL LIABILITY
EACH OCCURRENCE $
COMMERCIAL GENERAL LIABAITY
CLAMS -MADE FOCCUR
DARM4 . S ^_
MED EXP WW one arson} S
PERSONA. S ADV INJURY S
GENERALAGGREGATE A
PROOUCTS-COMPIOP AGG S
GEHL AGGREGATE LIMIT APPLIES PER
POLICY MPRG_ LOC
$
AUTOMOSLE
LIABILITY
COMBINED SINGLE LIMIT
Ea emidcnt
BODILY INJURY Pew panur) $
ANYAUTO
ALL 0A NEDSCHEDULED
AUTOS AUTOS
BODILY INJURY (P& arJdunt) S
_,..
PROPERTYDAMAGE S
(PiRiNcidentl______..................
HIREDAUTOS NON -OWNED
AUTOS
S
UNffiRELLA tLAe
OCONAt
EACH OCCURRENCE $
AGGREGATE S
EXCESS We
CLAIMS -MADE
DEC I I RETENTIONS
S
A
WORKF.RSCONP IVUlTIDN
ANDEMPLOYERS•LUENLITY YIN
ANY PROPRIETORIPARTNEREKECUTIVE
OFFICEWMEMBER EXCLUDED? �
(Mandatory to NH)
NIA
CWC71949-0324
(
41V2013
VV2014
YIC STATLL OTH-
E L. EACH ACCIDENT $1,BBB,BBD
1,0110,
E.L DISEASE -FA EMPLOYE S
Hyy8pB,tl Ph Nunder
DESdRIP ION OFOPERATIONS bel.,
E.L. DISEASE - POLICY LIMIT 5 $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach AOORO 101,Addtloual Reruac Schedule, Irmweapace M requked)
(California Operations Only) Coverage is extended to leased Employees as approved and assigned by South East Personnel Leasing, Inc. but not subcontractors or
nonleased employers Of:lohn G Mote dba Senna Tree Company
MARINA PARK -1600 W. BALBOA BLVD, NEWPORT BEACH, CA 92660
WAIVER OF SUBROGATION APPLIES IN FAVOR OF CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES
AND VOLUNTEERS. FAX:(949) 644-3306/ ISSUE 11-21-13 (EP)
CERTIFICATE HOLDER CANCELLATION
®1868.2010 ACtrAD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
CITY OF NEWPORT BEACH
AUTHORIZED REPRESENTATIVE
��
PUBLIC WORKS DEPARTMENT
100 CIVIC CENTER DRIVE
A
NEW RT BEACH, CA 92660
�'e
®1868.2010 ACtrAD CORPORATION. All rights reserved.
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA
WC 04 03 06
(Ed. 4-84)
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. (This agreement applies only to the extent that you perform work tinder a
written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described
in the Schedule.
The additional premium for this endoresement shall be 2% of the California workers' compensation premium otherwise due on
such remuneration.
Schedule
Person or Organization Job Description
CITY OF NEWPORT BEACH MARINA PARK -1600 W. BALBOA BLVD, NEWPORT BEACH, CA
PUBLIC WORKS DEPARTMENT 92660
100 CIVIC CENTER DRIVE
NEWPORT BEACH, CA 92660
IT'S ELECTED OR APPOEITED OFFICERS, AGENTS, OFFICIALS,
EMPLOYEES AND VOLUNTEERS
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preps ration of the policy.)
Endorsement Effective: 4/112013-1/l/2014
Insured South East Personnel Leasine. Inc. {LCF)
John C. Mole dos Senna Tree Company
Policy No.: CWC71949-0324 Endorsement No.:
Insurance Company_ State National Insurance Company, Inc.
Countersigned By: AAI✓.r A
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received:
12/5/13 Dept./Contact Received From:
Vladimir
Date Completed:
32/18/13 Sent to: Vladimir By:
Chris
Company/Person required to have certificate: Senna Tree Company
Type of contract:
All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/13-4/1/14
A.
INSURANCE COMPANY: ARCH Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
1,000,000/2,000,000
E.
ADDITIONAL INSURED ENDORSEMENT — please attach
E Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
E Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
E Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
E Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E Yes ❑ No
J.
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 E No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
E N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
H. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/l/13-411/14
A.
INSURANCE COMPANY: ARCH Insurance Company
B.
AM BEST RATING (A-: VII or greater) A+:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
E Yes ❑ No
D.
LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
E N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes E No
H.
NOTICE OF CANCELLATION:
❑ N/A E Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/13-1/1/14
A.
INSURANCE COMPANY: State National Insurance Company, Inc
B.
AM BEST RATING (A-: VII or greater): A:VIII
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
00, 12/18/13
Agent of Alliant Insurance Services Date
Broker of record for the City of Newport Beach
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management
* Subject to the terms of the contract.
Date