AGREEMENT FOR MUNICIPAL TREE MAINTENANCE SERVICES FOR
CITY OF RIVERSIDE
WEST COAST ARBORISTS, INC.
RIVERSIDE, a California charter city and municipal corporation ("City"), and WEST COAST ARBORISTS, INC., a California corporation 2200 E. Via Burton Street, Anaheim, CA 92806 State Contractor's License No. 366764 ("Contractor"), mutually agree as follows:
1. Scope of Services. Contractor shall furnish all labor, materials and equipment for and perform the work of Tree Maintenance Services for Municipal Tree Maintenance ("the Services"). Contractor shall perform the Services in accordance with the provisions and requirements of the following Contract Documents: City of Riverside Public Works/Forestry Department Request for Proposals for Municipal Tree Maintenance Services for City of Riverside, dated April 12, 2018 ("RFP 1775"), the General Conditions and Technical Specifications contained therein, this Agreement and all other documents, maps, texts and items referred to in the foregoing documents. These Contract Documents are incorporated herein by this reference and are intended to be correlative and constitute Contractor's performance obligations. The specific terms and conditions of this Agreement shall control and have precedence over any contradictory or inconsistent terms and conditions included in the other Contract Documents and shall be controlling in questions of interpretation.
2. Term. The initial term of the Agreement shall be from the date of execution of the agreement through June 30, 2021. At the option of the City, the Agreement may be extended for three (3) additional one (1) year terms or one (1) additional three (3) year term based upon acceptable performance by the Contractor, acceptable fees and subject to the same terms and conditions of the Agreement. Extensions to the Agreement shall be confirmed sixty (60) days prior to the termination of the contract period. All such extensions shall be made in writing and approved by the City Manager, subject to the availability of budgeted funds. Extensions requiring a supplemental appropriation shall be approved by City Council.
3. Compensation. City shall pay Contractor for the performance of the Services during the initial term of this Agreement a Contract Price not to exceed Six Million, Six Hundred and Seventy Nine Thousand, Five Hundred and Thirty Six Dollars ($6,679,536). City shall pay Contractor for Services performed to City's satisfaction on a monthly basis in accordance with the provisions of the RFP, and the Compensation Schedule attached hereto as Exhibit "A" and incorporated herein by this reference.
4. Extra Material. Contractor shall not be compensated for any extra materials used or time expended over and above the Contract Price, unless prior written approval for the same has been granted by City. In addition, Contractor shall only be compensated for services actually rendered.
1 Contractor, or in any way affect the performance of Services by Contractor pursuant to this Agreement. Contractor shall at all times observe and comply with all such laws, ordinances and regulations, and shall be solely responsible for any failure to comply with all applicable laws, ordinances and regulations.
7. Business Tax and Penalties. Contractor acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed, or which becomes owed, by Contractor to City, City reserves the right to withhold and offset said amounts from any payments, refunds or reimbursements owed by City to Contractor under the Agreement. Notice of such withholding and offset shall promptly be given to Contractor by City in writing. In the event of a dispute as to the amount owed or whether such amount is owed to City, City will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved.
8. Business License. As a condition of this Agreement, Contractor shall secure a business license to operate in the City of Riverside, and shall also secure any other licenses or permits which may be required.
9. Worker's Compensation Insurance. By executing this Agreement, Contractor certifies that Contractor is aware of and will comply with Section 3700 of the Labor Code of the State of California requiring every employer to be insured against liability for workers' compensation or to undertake self-insurance before commencing any of the work. Contractor shall carry the insurance or provide for self-insurance required by California law to protect said Contractor from claims under the Workers Compensation Act.
Prior to City's execution of this Agreement, Contractor shall file with City either (1) a certificate of insurance or self-insurance evidencing that such insurance is in effect, or that Contractor is self-insured for such coverage; or (2) a certified statement that Contractor has no employees, and acknowledging that if Contractor does employ any person, the necessary certificate of insurance will immediately be filed with City. Any certificate filed with the City shall provide that City shall be given ten (10) days prior written notice before modification or cancellation thereof.
Contractor's workers' compensation carrier shall be authorized to transact insurance business in the State of California with a policy holder's rating of "A" or higher and a Financial Class VII or larger.
shall protect Contractor from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from or which may concern operations under this Agreement, whether such operations be by or on behalf of Contractor, any subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them.
All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder's rating of A or higher and a Financial Class of VII or larger and shall cover commercial general and automobile liability for both bodily injury (including death) and property damage, including but not limited to aggregate products, aggregate operations, aggregate protective and aggregate contractual with the following minimum limits:
Commercial General $1,000,000 per occurrence
$2,000,000 aggregate
Automobile $1,000,000 per occurrence
Policies or original certificates of insurance along with additional insured endorsement acceptable to City, evidencing the coverage required by this Agreement for both commercial general and automobile liability, shall be filed with City and shall include City as an additional insured. The policy or policies shall be in the usual form of public liability insurance, but shall also include the following provisions:
Solely for Services performed by and on behalf of the named insured for the City of Riverside, it is agreed that the City of Riverside and its officers and employees are added as additional insureds under this policy.
The insurance policy or policies shall also comply with the following provisions:
a. Policies shall include premises/operations, products completed operations, independent contractors, owners and contractors protection, broad form contractual, personal injury with employment exclusion deleted, and broad form property damage.
b. The policy shall be endorsed to waive any right of subrogation against the City and its subcontractors, employees, officers, agents and directors for work performed under this Agreement.
c. If policies are written on a claims made basis, the certificate should so specify and the policy must continue in force for one year after completion of the project. The retroactive date of the coverage must also be listed.
d. The policy shall specify that the insurance provided by Contractor will be considered primary and not contributory to any other insurance available to the City of Riverside. Contractor shall provide Form No. CG 20010413 to City. performing labor and furnishing materials in connection with this Agreement. Both bonds shall be in the amount of 100% of the Contract Price and shall be subscribed by a corporate surety which is authorized to transact surety insurance business in the State of California with a policy 3 holder's rating of A or higher and a Financial Class VII or larger. Should any bond or surety ecome insufficient, Contractor shall furnish City with new bonds within 10 days after receiving notice from City. No payments will be due or paid under this Agreement until any and all bon deficiencies have been remedied. Contractor by execution of this Agreement acknowledges that the bonds are not Contract Documents but are separate obligations.
12. Termination, City and Contractor shall have the right to terminate any or all of ontractor's Services and work covered by this Agreement at any time upon thirty (30) calenda lay's written notice to Contractor. In the event of such termination, Contractor shall submi Contractor's final written statement of the amount of services provided as of the date of such termination for payment by the City.
Notwithstanding the foregoing, the City may terminate Contractor's performance of this Agreement upon five (5) calendar day's written notice if:
a. Contractor fails to promptly begin performance of the Services; or Contractor fails to perform the Services in accordance with the Contract Documents, including conforming to applicable standards set forth therein, or refuses to remove and replace rejected materials or unacceptable work; or c. Contractor discontinues performance of the Services; or • Contractor fails to make payment to subcontractors for materials or labor in accordance with applicable law; or
Contractor disregards laws, ordinances, or rules, regulations, or orders of a public authority having jurisdiction; or
f. Contractor otherwise is guilty of breach of a provision of this Agreement; or g. Contractor becomes insolvent, is adjudicated bankrupt, or makes a general assignment for the benefit of creditors and fails to provide City with adequate assurances of Contractor's ability to satisfy its contractual obligations.
A receiver, trustee, or other judicial officer shall not have any right, title, or interest in or to this Agreement. Upon that person's appointment, City has, at its option and sole discretion, the right to immediately cancel the Agreement and declare it null and void.
13. Indemnification. Except as to the sole negligence, or willful misconduct of City, Contractor shall defend, indemnify and hold the City, its officers and employees, harmless from any and all loss, damage, claim for damage, liability, expense or cost, including attorney's fees, which arises out of or is in any way connected with the performance of work under this o rany way Agreement by Contractor or any of Contractor's employees, agents or subcontractors and from all claims by Contractor's employees, subcontractors and agents for compensation for services rendered to Contractor in the performance of this Agreement, notwithstanding that City may have 4 benefited from their services. This indemnification provision shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor or any of the Contractor's employees, subcontractors or agents.
The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this Section, and that this Section shall survive the expiration or early termination of the Agreement.
14. Defense Obligation. Contractor agrees, at its cost and expense, to promptly defend the City and the City's employees, officers, managers, agents, and council members (collectively the "Parties to be defended") from and against any and all claims, allegations, lawsuits or other legal proceedings which arise out of, or are related to, or are in any manner connected with: (1) the work, activities operations, or duties of Contractor, or of anyone employed by or working under the Contractor, or (2) any breach of this Agreement by Contractor. This duty to defend shall apply whether or not such claims, allegations, lawsuits or proceedings have merit or are meritless or, which involve claims or allegations that any of the Parties to be defended were actively, passively or concurrently negligent, or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any loss, damage or injury. Contractor agrees to provide this defense immediately upon written notice from the City, and with well qualified, adequately insured and experienced legal counsel acceptable to the City.
15. Non-Discrimination. During Contractor's performance of this Agreement, Contractor shall not discriminate on the grounds of race, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition including the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related thereto, marital status, genetic information, gender, gender identity, gender expression, sex or sexual orientation, veteran or military status in the selection and retention of employees and subcontractors and the procurement of materials and equipment, except as provided in Section 12940 of the California Government Code. Further, Contractor agrees to conform to the requirements of the Americans with Disabilities Act in the performance of this Agreement.
16. Prevailing Wage. Pursuant to Section 1771 of the California Labor Code, Contractor and all subcontractors are required to pay the general prevailing rates of per diem wages overtime and holiday wages as determined by the Director of the Department of Industria Relations and implemented by Resolution No. 13346 of the City Council of the City of Riverside. The Director's determination of prevailing wage rates is available on-line at www.dir.ca.gov/dlsr/DPreWageDetermination.htm, and is referred to and made a part hereof as though fully set forth herein.
Per Senate Bill 854 (2014), Contactor and subcontractors shall register with the Department of Industrial Relations (DIR) in order to bid and perform public works projects.
Contractors and subcontractors on all public works projects shall submit electronic certified payrolls to the Labor Commissioner and City unless excused from this requirement. 5 Contractor is aware of and stipulates that Contractor will also comply with the following sections of the California Labor Code:
a. Section 1775 prescribing sanctions for failure to pay prevailing wage rates; ). Section 1776 requiring the making, keeping and disclosing of detailed payrol records and prescribing sanctions for failure to do so
c. Section 1777.5 prescribing the terms and conditions for employing registered apprentices;
d. Section 1810 providing that eight hours of labor shall be a day's work; and e. Section 1813 prescribing sanctions for violations of the provisions concerning eight-hour work days and forty-hour work weeks.
1. Sections 1725.5 and 1771.1 requiring all general contractors and subcontractors to be registered with DIR. Registration can be accomplished through the DIR website by using this link: http://www.dir.ca.gov/Public- Works/PublicWorks.html.
17. Notices. Service of any notices, bills, invoices or other documents required or permitted under this Agreement shall be sufficient if sent by one party to the other by United States mail, postage prepaid and addressed as follows:
City Contractor
City of Riverside West Coast Arborists, Inc.
Attn: Public Works Director 2200 East Via Burton Street Public Works Department Anaheim, CA 92806
8095 Lincoln Avenue
Riverside, CA 92504
18. Venue. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.
19. Independent Contractor. Contractor shall at all times during its performance of the Work retain its status as an independent contractor. Contractor's employees and agents shall under no circumstances be considered or held to be employees or agents of City and City shall have no obligation to pay or withhold state or federal taxes or provide workers' compensation or unemployment insurance for or on behalf of Contractor or its employees and agents.
20. Waiver. No action or failure to act by the City shall constitute a waiver of any right or duty afforded City under this Agreement, nor shall any action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically provided in this Agreement or as may be agreed in writing.
6 21. Severability. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant and/or restriction of this Agreement and the remainder of the Agreement shall continue in full force and effect.
22. Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof and thereof. [SIGNATURES ON FOLLOWING PAGE.]
7 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF RIVERSIDE, a West Coast Arborists, Inc.
California charter city and
municipal corporation
By:
By: ( Printed Name: Patrick Mahoney
Title: President
Attest:
By: _ (Nicol By LA
City Clerk Printed Name: Richafd Mahoney
Tile: Secretary
Certified as to Availability of Funds
Approved as to form:
By:
Ruthann M. Elder,
Deputy City Attorney
West Coast Arborists
18-0553 RME 4-23-18
EXHIBIT "A".
Compensation Schedules
(Inserted behind this page)
COMPENSATION SCHEDULE - OPTION B
Proposer Name: West Coast Arborists. Inc.
The above-named Proposer having examined the proposed Contract Documents and having visited the sites and examined the conditions affecting the work, hereby proposes and agrees to furish all labor, materials, supplies and equipment, and to perform operations necessary lo complete the work as required by proposed Contract Item No. Description Unit Fiscal Year Fiscal Year Fiscal Year 18/19 19/20 20/21
1. Grid Tree Trimming (50+ Trees) Including All Palms and Per Tree $ $ $ Park Trees 75.00 80.00 85.00
2. Service Reduest Canopy Tree Trimming Per Tree $ $
184.00 $ 191.00 198.00
3. Service Request Palm Trimming (Phoenix canariensis Per Tree $ $ $ 184.00 191.00 198.00
4. Service Request Palm Trimming (All Other Palm Species) Per Tree $ $ $ 140.00 150.00 160.00
5. Removal of Palm Seed Pods Only Per Tree $ $ $
75.00 80.00 85.00
6. Service Request Clearance Canopy Tree Trimming Per Tree $ $ $
55.00 60.00 64.00
7. Palm Skinning Per Foot
14.00 15.00 16.00
8. Tree and Stump Removal with Backfill and Reseeding Per DSH $ $ $
39.00 40.00 41.00
9. Tree Only Removal (with Stump Herbicide Treatment) Per DSH $ $ $
30.00 31.00 32.00
10. Stume Only Removal with Backill Per DSH $15.00 $ $
17.00 19.00
•
Item No. Description Unit Fiscal Year Fiscal Year Fiscal Year 18/19 19/20 20/21
11. Root Pruning (Vertical) Per Foot $ $ $
20.00 21.00 22.00
12. 15 Gallon Tree Per Tree $ $
175.00 180.00 185.00
13. 24 Inch Box Tree Per Tree $
295.00 320.00 340.00
14. 36 Inch Box Tree Per Tree $ $ $1.075.00
975.00 1,025.00
15. Young Tree Care/Watering Per $ $
Tree/Per 24.00 25.00 26.00
Day
16. Scheduled Crew Rental Per $ $
Person/Per 80.00 85.00 90.00
Hour
17. Festival of Lights Saturdays and Sundays Downtown Area Per Tree (14%h to 3w Streets and Market Street to 91 Freeway) 180.00 185.00 190.00
18. Normal Working Hours Emergency Crew Rental Per $ $
PersorPer 95.00 100.00 105.00
Hour
19. After Normal Working Hours, Weekends and Holidays Per $ $ $ Emergency Crew Rental Person/Per 115.00 120.00 125.00
Hour
20. Arborist Services and/or Report Writing Per Hour $ $ $ 120.00 125.00 130.00
WORKERS' COMPENSATION CERTIFICATION
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
DATED: 4/30/18
Patrick Mahoney, President
:
CORPORATE CERTIFICATE
STATE OF
) SS:
COUNTY OF )
I, HEREBY, CERTIFY that during a meeting of the Board of Directors of the West Coast Arborists, In April 30. 2018, the following resolution was duly passed and _, a corporation existing under the laws of the State of California
adopted:
"RESOLVED, that Patrick Mahoney, as President _ of the Corporation, be authorized execute the Agreement for
West Coast Arborists, Inc. _ between the City of Riverside and this corporation and that his execution thereof and with the Corporate Seal affixed, shall be the official act and deed of this Corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation. this 30 _ day of April ,2018.
(Seal)
Secretary Richard Mahoney
PAYMENT BOND
Bond No. RCB0015912
Bid No. REP #1175
Premium: INCLUDED IN
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, on
No. 1775 ("CONTRACT"), the terms and conditions of which are incorporated herein by reference; and
WHEREAS, the CONTRACT requires PRINCIPAL to furnish this Payment Bond ("BOND") to secure payment of the claims of persons described in California Civil Code section 9554(b); and WHEREAS, CONTRACTORS BONDING AND INSURANCE COMPANY _ ("SURETY"'), a corporation legally authorized to execute and furnish payment bonds as sole surety in the State of California, is willing to act as PRINCIPAL's SURETY in the giving of this BOND.
NOW, THEREFORE, we PRINCIPAL and SURETY hold and firmly bind ourselves unto CITY and all persons and entities described in California Civil Code section 3248(b) whose claims are not paid by PRINCIPAL in the total sum ofTWO MILLION IWO HUNDRED IWENTY-SIX THOUSAND FIVE HUNDRED IWELVE AND NO/100 ($2,226,512.00) for which payment well and truly to be made we bind ourselves and our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL or PRINCIPAL's successors, assigns, or subcontractors fail to pay any of the persons described in California Civil Code section 9100, any amounts due under the Califoria Unemployment Insurance Code with respect to work or labor pertormed under the CONTRACT or any amounts required to be deducted, withheld and paid over to the California Employment Development Department from the wages of employees of PRINCIPAL and PRINCIPAL's subcontractors pursuant to California Unemployment Insuranc Code section 13020 with respect to such work and labor, SURETY will pay for the same in ar amount not exceeding the sum stated above, plus all costs and reasonable attorney's fees awarded by any court of competent jurisdiction in any lawsuit brought upon this BOND.
THIS BOND SHALL INURE TO the benefit of all persons and entities described in California cIvil Code section 9554(b) so as to give them or their assigns a right of action in any lawsuit brough upon this BOND, and is executed and filed to comply with the Public Works Payment Bond provisions of Chapter S, Title 3, Part 6, Division 4 of the California Civil Code (commencing at Section 9550) and all amendments thereto, which provisions are incorporated herein by this reference.
11/
1 :* THE EFFECTIVE DATE OF THE BOND SHALL BE FROM6/1/18 THROUGH6/30/19 AND SURETY SHALL NOT BE LIABLE FOR ANY DEFAULTS OR EVENTS ARISING EITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THE BOND. AT SOLE OPTION OF THE SURETY, THE BOND MAY ONLY BE RENEWED BY CONTINUATION OR RENEWAL OF THE BOND, WHETHER OR NOT A BREACH OF CONTRACT, SHALL NOI BE CONSIDERED A BREACH WITHIN CERTIFICATE, AND/OR RIDER SETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON-RENEWAL THE EFFECTIVE PERIOD OF THE BOND.
IN WITNESS WHEREOF, we sign and seal this BOND on_MAY 1, , 2018.
Correspondence or claims relating to
this BOND should be sent to SURETY at NAME: WEST COAST ARBORISTS, INC. the following address:
Principal l
CONTRACTORS BONDING AND
By: (Seal)
INSURANCE COMPANY
Patrick Mahoney! President
111 PACIFICA STE 350 Typed Name and Title
CONTRACTORS BONING AND INSURANCE COMPANY
IRVINE, CA 92618
(Seal)
Attorney-In-Fact
MICHAEL D. STONG, ATTORNEY-IN-FCAT
Typed Name and Title
Telephone No. (949) 341-9110
Note: Signatures of those executing for
SURETY must be acknowledged, and a
Power of Attorney attached.
Approved as to Form:
By:
Ruthann M. Salera
Deputy City Attomey
Rev: February 6, 2018
2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 XXXX
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange
on may!, 2018 _ before me,.. Arlene Biscan, Notary Public Date Here Insert Name and Title of the Officer
personally appeared Patrick Mahoney
Name(s) of Signers)
or the entity upon behalf of which the persons 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.
ARLENE AMMA DISCAN
COMM. #2139731 WITNESS my hand and official seal.
Notary Public • California
Orange County
My Comm. Expires Jan. 9, 2020/ Signature
Place Notary Seal Above
— OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _. _ Document Date: _
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
1 Corporate Officer - Title(s): i Corporate Officer - Title(s):
: Partner - = Limited [ General Partner - C. Limited - General Individual : Attorney in Fact | Individual L Attorney in Fact Trustee Guardian or Conservator • Trustee .. Guardian or Conservator ] Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th ocument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California )
County of Riverside
5-1-18 R. Nappi "Notary Public"
On. before me,
Date Here Insert Name and Title of the Officer
personally appeared MICHAEL D. STONG
Name(s) of Signers)
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
R. NAPPI WITNESS my hand and official seal.
COMM. # 2152652
NOTARY PUBLIC • CALIFORNIA GSN1
RIVERSIDE COUNTY
My Comm. Exp. June 7. 2020 Signature
ignature of Notary Pub.
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact J Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing: _
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RLI cbic POWER OF ATTORNEY
an RLI Company RLI Insurance Company
9025 N. Lindbergh Dr. | Peoria, IL 61615 Contractors Bonding and Insurance Company Phone: (800)645-2402 | Fax: (309)689-2036
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond.
That RLi Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), eac uthorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint Jeremy Pendergast, Rosemary Nappi, Michael D. Stong, jointly or severally in the City of _ as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million $10,000,000.00 for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 18th day of August, 2017.
RUI Insurance Company
ND INS URANCE COND
Contractors Bonding and Insurance Company
ORATE 'ORPORAT"
SEAL SEAL
Barton W. Davis Vice President
State of Illinois ILLINOiS.
} sS ILLINOIS
County of Peoria
CERTIFCATE
On this 18th day of August 2017
before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, i instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof, I have hereunto set my hand anc Mhotthen I Gehrigh RLI Insurance Company
Gretchen L. Johnigk Notary Public Contractors Bonding and Insurance Company GRETCHEN L JOHNIGK Barton W. Davis
NOTARY "OFFICIAL SEAL" Vice President
PUBLIC
My Commission Expires
May 26, 2020
0475572020212 A0059115
PAYMENT BOND
Bond No. RCB0015912
Bid No. RFP #1175
Premium: INCLUDED IN
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, on _ the CITY OF RIVERSIDE ("CITY") awarded to WEST COAST ARBORISTS, INC., 2200 E. Via Burton Street, Anaheim, CA 92806; State WHEREAS, the CONTRACT requires PRINCIPAL to furnish this Payment Bond ("BOND") to secure payment of the claims of persons described in California Civil Code section 9554(b); and WHEREAS, CONTRACTORS BONDING AND INSURANCE COMPANY -_ ("SURETY"), a corporation legally authorized to execute and furnish payment bonds as sole surety in the State of California, is willing to act as PRINCIPAL's SURETY in the giving of this BOND.
NOW, THEREFORE, we PRINCIPAL and SURETY hold and firmly bind ourselves unto CITY and all persons and entities described in California Civil Code section 3248(b) whose claims are not paid by PRINCIPAL in the total sum ofTWO MILLION TWO HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED IWELVE AND NO/100 ($2,226,512.00)for which payment well and truly to be made we bind ourselves and our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL or PRINCIPAL's successors, assigns, or subcontractors fail to pay any of the persons described in California Civil Code section 9100, any amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the CONTRACT or any amounts required to be deducted, withheld and paid over to the California Employment Development Department from the wages of employees of PRINCIPAL and PRINCIPAL's subcontractors pursuant to California Unemployment Insurance Code section 13020 with respect to such work and labor, SURETY will pay for the same in an amount not exceeding the sum stated above, plus all costs and reasonable attorney's fees awarded by any court of competent jurisdiction in any lawsuit brought upon this BOND.
THIS BOND SHALL INURE TO the benefit of all persons and entities described in California Civil Code section 9554(b) so as to give them or their assigns a right of action in any lawsuit brought upon this BOND, and is executed and filed to comply with the Public Works Payment Bond provisions of Chapter 5, Title 3, Part 6, Division 4 of the California Civil Code (commencing at Section 9550) and all amendments thereto, which provisions are incorporated herein by this reference.
111
:* THE EFFECTIVE DATE OF THE BOND SHALL BE FROM6/1/18 THROUGH6/30/19 AND SURETY SHALL NOT BE
LIABLE FOR ANY DEFAULTS OR EVENTS ARISING EITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THE BOND. AT SOLE OPTION OF THE SURETY, THE BOND MAY ONLY BE RENEWED BY CONTINUATION OR RENEWAL CERTIFICATE, AND/OR RIDER SETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON-RENEWAL
OF THE BOND, WHETHER OR NOT A BREACH OF CONTRACT, SHALL NOT BE CONSIDERED A BREACH WITHIN THE EFFECTIVE PERIOD OF THE BOND.
IN WITNESS WHEREOF, we sign and seal this BOND on_MAY 1, 2018.
Correspondence or claims relating to
this BOND should be sent to SURETY at
the following address:
CONTRACTORS BONDING AND
(Seal)
INSURANCE COMPANY
111 PACIFICA STE 350
CONTRACTORS BONDING AND INSURANCE COMPANY
IRVINE, CA 92618 Surfety
_(Seal)
MICHAEL D. SIONG, ATTORNEY-IN-ECAT
Typed Name and Title
Telephone No. (949) 341-9110
Note: Signatures of those executing for
SURETY must be acknowledged, and a
Power of Attorney attached.
Approved as to Form:
-
Ruthann M. Salera
Deputy City Attomey
Rev: February 6, 2018
2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Orange
on May 1, 2018 before me, Arlene Biscan
Date Here Insert Name and Title of the Officer
personally appeared patrick Mahoney
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the, person(s) whose name/s is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same ir his/her/their authorized capacitylies), and that by his/her/their signature(8) on the instrument the person/s). or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
ARLENE ANNA BISCAN
COMM. #2139731
Notary Public • California marlenelo
Orange County
My Comm. Expires Jan. 9, 2020/ Signature
Signature of Notary Public
Place Notary Seal Above
— OPTIONAL -
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: _ Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - • Limited = General Partner - [ Limited • General Individual | L_ Attorney in Fact Individual Attorney in Fact i Trustee • Guardian or Conservator 7 Trustee I Guardian or Conservator 1 Other: ] Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 i notary public or other officer completing this certificate verifies only the identity of the individual who signed the locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California
County of Riverside
On 51-18 before me, R. Nappi "Notary Public"
Date Here Insert Name and Title of the Officer
personally appeared MICHAEL D. STONG
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(x) whose name (8) is/ake I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph R. NAPPI 1 is true and correct.
COMM. # 2152652
NOTARY PUBLIC• CALIFORNIA WITNESS my hand and official seal.
RIVERSIDE COUNTY
My Comm. Exp. June 7, 2020
Signature
Signature of Notary Public
Place Notary Seal Above
— OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing: _
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RLI cbic POWER OF ATTORNEY
an RLI Company RLI Insurance Company
9025 N. Lindbergh Dr. | Peoria, IL 61615 Contractors Bonding and Insurance Company Phone: (800)645-2402 | Fax: (309)689-2036
Know All Men by These Presents:
That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired.
That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond.
That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint:
Jeremy Pendergast, Rosemary Nappi, Michael D. Stong, jointly or severally in the City of Riverside _ State of California _ as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed _ Ten Million Dollars ($10,000,000.00 for any single obligation.
The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company.
RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit:
"All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 18th day of August, 2017.
RUI Insurance Company
URANCE COM Contractors Bonding and Insurance Company
• ORPORAT Z
SEAL SEAL
Barton W. Davis Vice President
State of Illinois ILLINOiS.
} sS ILLINOIS
County of Peoria
CERTIFICATE
On this 18th day of August 2017
before me, a Notary Public, personally appeared
who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or in full force and effect and is irrevocable; and furthermore, that the Contractors Bonding and Insurance Company, and acknowledged said Resolution of the Company as set forth in the Power of Attorney, i instrument to be the voluntary act and deed of said corporation. now in force. In testimony whereof, I have hereunto set my hand an so in and to ma company not an or c
thetthen I Gennigh RLI Insurance Company
Gretchen L. Johnigk Notary Public Contractors Bonding and Insurance Company • GRETCHEN L JOHNIGK
"OFFICIAL SEAL" Barton W. Davis Vice President
My Commission Expires
May 26,2020
0475572020212 A0059115
PERFORMANCE BOND
Bond No. RCB0015912
Bid No. RFP #1175
Premium: $13,959.00
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, on _ 20 _ the CITY OF RIVERSIDE ("CITY") awarded to WEST COAST ARBORISTS, INC., 2200 E. Via Burton Street, Anaheim, CA 92806; State WHEREAS, the CONTRACT requires PRINCIPAL to furnish this Performance Bond ("BOND") to guarantee PRINCIPAL's faithful performance of all provisions of the CONTRACT; and
COMPANY
WHEREAS, CONTRACTORS BONDING AND INSURANCE _ ("SURETY'"), a corporation legally authorized to execute and furnish performance bonds as sole surety in the State of California, is willing to act as PRINCIPAL's SURETY in the making and giving of this BOND.
NOW, THEREFORE, we PRINCIPAL and SURETY hereby hold and firmly bind ourselves to pay to CITY in lawful United States currency the principal sum of IWO MILLION IWO HUNDRED IWENTY-SIX THOUSAND FIVE HUNDRED IWELVE AND NO/100 ($2,226,512.00) for which payment well and truly to be made to CITY or CITY's successors or assigns we hereby bind ourselves and our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL or PRINCIPAL's heirs, legal representatives, successors or assigns shall in all things stand to, abide by, and well and truly keep and faithfully perform all of the covenants, conditions and promises in the CONTRACT, including its work Guaranty, and all alterations thereof made as therein provided on PRINCIPAL's part to be kept and performed at the time and in the manner specified therein, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY and CITY's officers, employees and agents as therein specified, then this obligation shall become null and void; otherwise, it shall be and remain in full force and binding effect.
SURETY hereby agrees that no change in the terms of the CONTRACT or the work to be performed bration order this ain, a die for comes in te an a in are tension terco, and. further waives the provisions of California Civil Code sections 2819 and 2845.
If suit is brought by the CITY on this BOND, SURETY shall pay to the CITY, over and above the principal sum hereof, reasonable attorneys' fees and costs which the court is hereby authorized to award. PRINCIPAL and SURETY agree that this BOND shall not be considered a part of the CONTRACT, that this BOND is a separate obligation from the CONTRACT, and that any 1 attorneys' fee provision contained in this BOND shall not apply to the CONTRACT. In the event there is any litigation between PRINCIPAL and the CITY arising from the CONTRACT, neither PRINCIPAL nor the CITY will be entitled to recover attorneys' fees as against the other.
LIABLE FOR ANY DEFAULTS OR EVENTS ARISING EITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THE THE EFFECTIVE DATE OF THE BOND SHALL BE FROM 6/1/18 THROUGH 6/30/19 AND SURETY SHALL NOT BE CERTIFICATE, AND/OR RIDER SETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON-RENEWAL BOND. AT SOLE OPTION OF THE SURETY, THE BOND MAY ONLY BE RENEWED BY CONTINUATION OR RENEWAL OF THE BOND, WHETHER OR NOT A BREACH OF CONTRACT, SHALL NOT BE CONSIDERED A BREACH WITHIN THE EFFECTIVE PERIOD OF THE BOND.
IN WITNESS WHEREOF, we sign and seal this BOND on_ MAY 1, - 20_18.
Correspondence or claims relating to
this BOND should be sent to SURETY at COAST ARBORISTS, INC.
Principal
the following address:
CONTRACTORS BONDING AND By:
INSURANCE COMPANY _ (Seal)
111 PACIFICA STE 350 Patrick Mahoney, President
Typed Name and Title
IRVINE, CA 92618 CONTRACTORS BONDING AND INSURANCE COMPANY _(Seal)
Attornoy-In-Fact
MICHAEL D. STONG ATTORNEY IN EACT
Typed Name and Title
Telephone No._(949) 341-9110
Note: Signatures of those executing for
SURETY must be acknowledged, and a
Power of Attorney attached.
Approved as to Form:
thes
By:
Ruthann M. Salora
Deputy City Attomey
Rev: February 6, 2018
2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed th locument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documen State of California )
county of Orange
on may 11, 2018 _ before me. Arlene tsame Near publiC.
personally appeared patrick Mahoney
Nathe(sY of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name/s) is/are subscribed to the within instrument and acknowledged to me that hershe/they executed the same in his/her/their authorized capacity(ies), and that byhis/her/their signature(s) on the instrument the personts) or the entity upon behalf of which the personks) 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.
ARLENE ANNA DISCAN
WITNESS ny hand and official seal.
COMM. #2139731
Notary Public - California
Orange County
My Comm. Expires Jan. 9, 2020 /
Signature of Notary Public
Place Notary Seal Above
— OPTIONAL -
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
| Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - • Limited General Partner - • Limited П General Individual • Attorney in Fact Individual L Attorney in Fact Trustee • Guardian or Conservator i Trustee Guardian or Conservator | Other: • Other:
Signer Is Representing: _ Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Riverside
5-1-18
On_ before me, R. Nappi "Notary Public"
Date Here Insert Name and Title of the Officer
personally appeared MICHAEL D. STONG
Name(s) of Signer(s)
R. NAPPI
COMM. # 2152652 WITNESS my hand and official seal.
NOTARY PUBLIC - CALIFORNIA
RIVERSIDE COUNTY
My Comm. Exp. June 7, 2020
Signature RiM apron voo
Place Notary Seal Above
- OPTIONAL•
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date: _
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
J Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited • General ] Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee O Guardian or Conservator • Trustee • Guardian or Conservator ] Other: • Other:
Signer Is Representing: Signer Is Representing:
xư0000ưưwwwNWXYYXXXXXYUXXUXYVVXXXX
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
PERFORMANCE BOND
Bond No. RCB0015912
Bid No. RFP #1175
Premium: $13,959.00
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, on
VEST COAST ARBORISTS, INC., 2200 E. Via Burton Street, Anaheim, CA 92806; State Contractor's License No. 366764 ("PRINCIPAL") a contract for performance of the work lescribed as MUNICIPAL TREE MANAGEMENT FOR THE CITY OF RIVERSIDE RFP» No. 1775; ("CONTRACT), the terms and conditions of which are incorporated herein b reference; and
WHEREAS, the CONTRACT requires PRINCIPAL to furnish this Performance Bond ("BOND") to guarantee PRINCIPAL's faithful performance of all provisions of the CONTRACT; and
COMPANY
WHEREAS, CONTRACTORS BONDING AND INSURANCE _ ('SURETY"'), a corporation legally authorized to execute and furnish performance bonds as sole surety in the State of California, is willing to act as PRINCIPAL's SURETY in the making and giving of this BOND.
NOW, THEREFORE, we PRINCIPAL and SURETY hereby hold and firmly bind ourselves to pay to CITY in lawful United States currency the principal sum of TWO MILLION IWO HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED TWELVE AND NO/100 ($2,226,512.00) for which payment well and truly to be made to CITY or CITY's successors or assigns we hereby bind ourselves and our heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS BOND IS THAT IF PRINCIPAL or PRINCIPAL's heirs, legal representatives, successors or assigns shall in all things stand to, abide by, and well and truly keep and faithfully perform all of the covenants, conditions and promises in the CONTRACT, including its work Guaranty, and all alterations thereof made as therein provided on PRINCIPAL's part to be kept and performed at the time and in the manner specified therein, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY and CITY's officers, employees and agents as therein specified, then this obligation shall become null and void; otherwise, it shall be and remain in full force and binding effect.
SURETY hereby agrees thạt no change in the terms of the CONTRACT or the work to be performed thereunder, or any extension of time for completion thereof, shall in any way relieve it of its obligations under this BOND, and hereby waives notice of any change or extension thereof, and further waives the provisions of California Civil Code sections 2819 and 2845.
If suit is brought by the CITY on this BOND, SURETY shall pay to the CITY, over and above the principal sum hereof, reasonable attoreys' fees and costs which the court is hereby authorized to award. PRINCIPAL and SURETY agree that this BOND shall not be considered a part of the CONTRACT, that this BOND is a separate obligation from the CONTRACT, and that any attorneys' fee provision contained in this BOND shall not apply to the CONTRACT. In the event there is any litigation between PRINCIPAL and the CITY arising from the CONTRACT, neither PRINCIPAL nor the CITY will be entitled to recover attorneys' fees as against the other.
LIABLE FOR ANY DEFAULTS OR EVENTS ARISING EITHER BEFORE OR AFTER THE EFFECTIVE DATE OF THE THE EFFECTIVE DATE OF THE BOND SHALL BE FROM 6/1/18 THROUGH 6/30/19 AND SURETY SHALL NOT BE CERTIFICATE, AND/OR RIDER SETTING FORTH NEW COMMENCEMENT AND EXPIRATION DATES. NON-RENEWAL AT SOLE OPTION OF THE SURETY, THE BOND MAY ONLY BE RENEWED BY CONTINUATION OR RENEWAI THE EFFECTIVE PERIOD OF THE BOND. OF THE BOND, WHETHER OR NOT A BREACH OF CONTRACT, SHALL NOT BE CONSIDERED A BREACH WITHIN IN WITNESS WHEREOF, we sign and seal this BOND on MAY 1, 2018.
Correspondence or claims relating to NAME: WEST COAST ARBORISTS, INC. this BOND should be sent to SURETY at
the following address:
CONTRACTORS BONDING AND By: _
INSURANCE COMPANY (Seal)
111 PACIFICA STE 350 Patrick Mahoney, President
Typed Name and Title
IRVINE, CA 92618 CONTRACTORS BONDING AND INSURANCE COMPANY Suretu
Attorney-In-Faci
MICHAEL D. STONG
Typed Name and Title
Telephone No. (949) 341-9110
Note: Signatures of those executing for
SURETY must be acknowiedged, and a
Power of Attorney attached.
Approved as to Form:
Ruthann M. Salera
Deputy City Attomey
Rev: February 6, 2018
2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of Orange )
on May1, 2018 .before me, Arlene Biscan, Nojary Public.
Date Here Insert Name and Title of the Officer
personally appeared Patrick Mahoney
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose namels is/are Suosoribed o the vidin insiyne, and ack no leed to mg thar sed nete y sreed th perse in., or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
ARLENE ANNA BISCAN WITNESS my hand and official/seal.
COMM. #2139731
Notary Public • California
e gnae County Calenhi
My Commir: Exprres Jan. 9. 2020 / Signature
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
Corporate Officer - Title(s): Corporate Officer - Title(s):
Partner - L Limited General Partner - • Limited O General ! Individual :_ Attorney in Fact Individual Attorney in Fact : Trustee J Guardian or Conservator Trustee Guardian or Conservator • Other: • Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 :
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Xora canar nasasas sas s ss saasas sasas ss s as sasosa A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California )
County of Riverside )
51-18 R. Nappi "Notary Public"
On before me, -
Date Here Insert Name and Title of the Officer
personally appeared MICHAEL D. STONG
Name(s) of Signer(s)
ho proved to me on the basis of satistactory evidence to be the person(8) whose name(&) is/a ubscribed to the within instrument and acknowledged to me that he/ske/they executed the same his/her/their authorized capacity(ief), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person() acted, executed the instrument I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph R. NAPPJ is true and correct.
COMM. #2152652 WITNESS my hand and official seal.
NOTARY PUBLIC • CALIFORNIA
RIVERSIDE COUNTY
My Comm. Exp. June 7, 2020 R.
Signature 4801
Signature 'of Notary Public
Place Notary Seal Above
- OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _ Document Date: _
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
• Corporate Officer - Title(s): • Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - • Limited O General • Individual • Attorney in Fact • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Trustee • Guardian or Conservator • Other: • Other:
Signer Is Representing: _ Signer Is Representing: _
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 5/16/2018 Contractors Bonding and Insurance Company - Company Profile - Best's Credit Rating Center Contractors Bonding and Insurance Company
A.M. Best #: 002719 NAIC #: 37206 FEIN#: 911082952
Domiciliary Address Financial Btrength Rating
9025 North Lindbergh Drive
Peoria, IL 61615 At Superior
Assigned to insurance
United States
companies that have, in our
Web: www.rlicorp.com opinion, a superior ability to
Phone: 309-692-1000 meet their ongoing insurance
Fax: 309-689-8676 obligations.
View additional news, reports
and products for this company.
Based on A.M. Best's analysis, 058460 - RLI Corp. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure.
Best's Credit Ratings
Financial Strength Rating View Definition
Rating: A+ (Superior)
Affiliation Code: g (Group)
Financial Size Category: XI ($750 Million to $1 Billion) Outlook: Stable
Action: Affirmed
Effective Date: September 29, 2017
Initial Rating Date: June 30, 1985
Long-Term Issuer Gredit Rating View Definition
Long-Term: aa
Outlook: Stable
Action: Affirmed
Effective Date: September 29, 2017
Initial Rating Date: March 29, 2007
http://ratings.ambest.com/searchresults.aspx?AltSrc=g 1/4 5/16/2018 Contractors Bonding and Insurance Company - Company Profile - Best's Credit Rating Center u Denotes Under Review Best's Rating
Best's Credit Rating Analyst
Rating Issued by: A.M. Best Rating Services, Inc.
Senior Financial Analyst: Edin Imsirovic
Director: Jacqalene Lentz, CPA
Disclosure Information
Disclosure Information Form
View A.M. Best's Rating Disclosure Form
Press Release
A.M. Best Affirms Credit Ratings of RLI Corp., RLI Ins Co., Mt. Hawley Ins Co. and Contractors Bonding and Ins Co.
September 29, 2017
Rating History
A.M. Best has provided ratings & analysis on this company since 1985.
Financial Strength Rating
Effective DateRating
9/29/2017 A+
9/23/2016 At
6/4/2015 A+
6/3/2014 At
6/17/2013 A+
Long-Term Issuer Credit Rating
Effective DateRating
9/29/2017 aa
9/23/2016 aa
6/4/2015 aa
http://ratings.ambest.com/searchresults.aspx?AltSrc=9 2/4 5/16/2018 Contractors Bonding and Insurance Company - Company Profile - Best's Credit Rating Center 6/3/2014 aa
6/17/2013 aa-
Best's Credit Reports
.. Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data.
Report Revision Date: 10/17/2017 (represents the latest significant change). - Historical Reports are available in Best's Credit Report Archive.
View additional news, reports and products for this company.
Press Releases
Date Title
Sep 29, 2017 A.M. Best Affirms Credit Ratings of RLI Corp., RLI Ins Co., Mt. Hawley Ins Co. and Contractors Bonding and Ins Co.
Sep 23, 2016 A.M. Best Affirms Credit Ratings of RLI Corp., RLI Insurance Co., Mt. Hawley Insurance Co. and Contractors Bonding and Ins. Co.
Jun 04, 2015 A.M. Best Affirms Ratings of RLI Corp., RLI Insurance Co., Mt. Hawley Insurance Co. and Contractors Bonding and Insurance Co.
Jun 03, 2014 A.M. Best Upgrades Issuer Credit Rating of Contractors Bonding and Insurance Company Jun 17, 2013 A.M. Best Affirms Ratings of RLI Corp. and Its Subsidiaries Jun 12, 2012 A.M. Best Upgrades Issuer Credit Ratings of RLI Corp. and Its Subsidiaries Jun 20, 2011 A.M. Best Revises Issuer Credit Rating Outlook to Positive for RLI Corp. and Its Primary Subsidiaries Dec 24, 2010 A.M. Best Comments on Ratings of Contractors Bonding and Insurance Company Dec 24, 2010 A.M. Best Comments on RLI Corp:'s Proposed Acquisition of Contractors Bonding and Insurance Company
Find a Best's Credit Rating
Enter a Company Name Go
Advanced Search
How to Get a At
Best's Credit Rating
http://ratings.ambest.com/searchresults.aspx?AltSrc=g 3/4 5/16/2018 Contractors Bonding and Insurance Company - Company Profile - Best's Credit Rating Center Best's Credit Ratings
Mobile App
European Union Disclosures
A.M. Best - Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC.
Australian Disclosures
A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No. 150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit Ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined.
Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions.
Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of Credit Rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings.
About | Site Map | Customer Service | My Account | Contact | Careers | Terms of Use | Privacy Policy | Security | Legal & Licensing
Regulatory Affairs - Form NRSRO - Code of Conduct - Rating Methodology - Historical Performance Data Copyright © 2018 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. http://ratings.ambest.com/searchresults.aspx?AltSrc=9 4/4