AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES FOR
SPORTS PARKS - RFP NO. 2448
(MERCHANTS LANDSCAPE SERVICES, INC.)
On this day of , 20 _ ("Effective Date") the CITY OF
RIVERSIDE, a California charter city and municipal corporation ("City"), and MERCHANTS LANDSCAPE SERVICES, INC., a California corporation, 1510 S Lyon Street, Santa Ana, CA 92705; State Contractor's License No. 765658 ("Contractor"), mutually agree as follows:
1. Scope of Services. Contractor shall furnish all labor, materials and equipment for and ertorm the work of Sports Parks ("the Services"). Contractor shall perform the Services i ccordance with the provisions and requirements of the following Contract Documents: City o Riverside Parks, Recreation & Community Services Department Request for Proposals for Sports Parks, dated February 12, 2025 ("RFP No. 2448), 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 term of the Agreement shall be from August 1, 2025, through June 30, 2028, unless earlier terminated as provided herein. The term may be extended by mutual consent of the parties for one (1) additional two (2) year period, not to exceed a total of five (5) years.
All such extensions/amendments shall be made in writing and approved by the parties.
3. Compensation. City shall pay Contractor for the performance of the Services during the initial term of this Agreement a Contract Price of Four Million Six Hundred Twenty-Six Thousand Dollars ($4,626,000.00), plus an additional Three Hundred Forty-Five Thousand Dollars ($345,000.00), for irrigation repairs, vandalism repairs, and graffiti abatement, for a total Contract Price not to exceed Four Million Nine Hundred Seventy-One Thousand Dollars ($4,971,000.00). 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. If the term of the Agreement is extended, Contractor's compensation for the extended term shall be mutually agreed upon in writing by the parties.
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.
5. Warranties. Contractor shall obtain in the name of City, or transfer or assign to City or City's designee, any and all warranties or guarantees which Contractor obtained from 1 manufacturers or suppliers, and further agrees to perform the Work in such a manner so as to preserve any and all such warranties.
6. Genera. Compliance with Laws. Contractor shall keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by 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 ofiset 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.
10. Commercial General Liability and Automobile Liability Insurance. Prior to City's execution of this Agreement, Contractor shall secure, and shall thereafter maintain until completion of the Agreement, such commercial general and automobile liability insurance as shall protect Contractor from claims for damages for personal injury, including accidental death, 2 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.
11. Bonds. Prior to City's execution of this Agreement, Contractor shall furnish City 3 with two completed surety bonds (on bond forms provided by City, one as security for the faithful performance of this Agreement and one as security for the payment of all persons 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 holder's rating of A or higher and a Financial Class VII or larger. Should any bond or surety become 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 bond 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 Contractor's Services and work covered by this Agreement at any time upon thirty (30) calendar day's written notice to Contractor. In the event of such termination, Contractor shall submit 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 b. 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 d. Contractor fails to make payment to subcontractors for materials or labor in accordance with applicable law; or
e. 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 4 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 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 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 Consultant's performance of this Agreement, Consultant 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, sex, genetic information, gender, gender identity, gender expression, or sexual orientation, military and veteran 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, Consultant 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 Industrial 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.
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; b. Section 1776 requiring the making, keeping and disclosing of detailed payroll 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.
f. 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 Merchants Landscape Services, Inc.
Parks Director Attn: Mark Brower
3900 Main Street 1510 S. Lyon Street
Riverside, California 92522 Santa Ana, California 92705
18. Venue and Attorney's Fees. 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. In the event either party hereto shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of breach of any term or condition of this Agreement, it is mutually agreed all parties shall bear their own attorney's fees.
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.
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.
23. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all prior and contemporaneous understandings or agreements of the parties. Neither party has been induced to enter into this Agreement by, and neither party is relying on, any representation or warranty outside those expressly set forth in this Agreement. [Signatures on the following page.]
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF RIVERSIDE, a California MERCHANTS LANDSCAPE SERVICES, charter city and municipal corporation INC., a California corporation By: By:
Mike Futrell
City Manager Mark Brower
[Printed Name]
President
[Title]
Attest:
Donesia Gause
City Clerk
Certified as to Availability of Funds: By: Don Far
Donna Brower
By:_ Julie Men
[Printed Name]
Asst Chief Financial Officer Secretary
[Title]
Approved as
Missel
By: _
nthony L.. Beaumon Kuthann Salera
Sr. Deputy City Attorney
CA #25-0960 ALB/jv 06/27/25
EXHIBIT "A"
Compensation Schedules
(Inserted behind this page)
EXHIBIT F
Compensation Schedule Price Sheet
Proposer Name: Merchants Landscape Services, 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 furnish all labor, materials, supplies, and equipment, and to perform operations necessary to complete the work as required by proposed Contract Documents.
SPORTS PARKS
ITEM
NO. ANNUAL
LOCATION MONTHLY PRICE PRICE
1 ANDULKA PARK 12,850.00 154,200.00
2 ARLINGTON HEIGHTS 14,135.00 169,620.00
SPORTS PARK
3 DON DERR PARK 7,943.00 95,316.00
4 DON JONES PARK 2,734.00 32,808.00
5 DON LORENZI PARK 4,019.00 48,228.00
6 HUNT PARK 5,973.00 71,676.00
7 HUNTER PARK 13,114.00 157,368.00
8 11,625.00 139,500.00
LA SIERRA PARK
9 6,280.00 75,360.00
NICHOLS PARK
COMPENSATION SCHEDULE
SPORTS PARK SERVICES
10 ORANGE TERRANCE 12,141.00 145,692.00
COMMUNITY PARK
PATTERSON PARK 2,578.00 30,936.00
REID PARK 15,920.00 191,040.00
RYAN BONAMINIO 14,804.00 177,648.00
PARK
SHAMEL PARK 4,384.00 52,608.00
TOTAL $ 128,500.00 $ 1,542,00.00
Yearly $ 1,542,000.00
Total for term of Contract (3 years) $ 4,626,000.00
RFP No. 2448
EXHIBIT G
Extra Price Sheet
Extra Work Price Sheets (IF APPLICABLE)
TURF MAINTENANCE (AI TurfAreas)
Description Unit Cost
Mowing .0045 | sq. ft.
Edging. .07 linear ft.
String Trimming .07 linear ft.
Aerification .004 | sq. ft.
Weed removal (manual) 35.00 per man hr.
Pest control (manual) 45.00 per man hr.
Fertilization (placement only) .0035 sq. ft.
GENERAL LANDSCA TENANCE (Non-turf Areas)
Description Unit Cost
Edging (ground cover) .04 linear ft.
Trimming (shrubs, ground cover) .04 sq. ft.
Pruning shrubs, vines, roses .04 sq. ft.
Pruning trees (up to 12') 65.00 each
Weed removal (manual) 35.00 per man hr.
Pest control (manual) 45.00 per man hr.
Vegetation removal 9.50 sq, ft.
PLANT MATERIAL (Installed All Areas.
Description Unit Cost
Annual color (4" container) 4.00 each
Ground cover 60.00 flat
One (1) gallon 15.00 each
Five (5) gallon 35.00 each
Fifteen (15 gallon) 90.00 each
24" box tree 450.00 each
Seeded turf .02 sq. ft.
Sodded turf 1.80 | sq. ft.
RFP No, 2448
Hydroseed .18 sq. ft.
Soil preparation (existing area) .045 sq. ft.
Soil preparation (new area .045 sa. ft.
Wood mulch 75.00 cu. yd.
HIRRIGATION SYSTEM MAINTENANCE
Description Unit Cost
Inspection 55.00 per hr.
Repair (main line, lateral line,
sprinklers) 75.00| per hr.
GENERAL PEST CONTROL
Description Unit Cost
Written recommendation by PCA 150.00 each
Qualifled Application (QAC) 75.00 per hr.
Trained Applicator 50.00 per hr.
ADDITIONAL AREN/LABOR
Description Unit Cost
Full-maintenance Neighborhood
Park (additional park location) .025 sq. ft
Additional Labor 35.00 per hr.
Additional Irrigation Specialist 65.00 per hr.
RESTROOMS/AMENITIES
Description Unit Cost
Restroom cleaning/stocking 50.00 per hr.
Pressure-washing 50.00 per hr.
35.00| per hr.
Litter removal
Graffiti abatement 2.50 (sq. ft.
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: July 1, 2025 MERCHANTS LANDSCAPE SERVICES, INC., a California corporation
Mark Brower, President
merchants
landscape services, inc.
July 1, 2025
Vanessa Mayne
City of Riverside
6927 Magnolia Ave., 2^d Floor
Riverside, CA. 92506
Regarding: Contract Agreement- Sports Park
Dear Vanessa,
Enclosed please find the contract agreement for landscape maintenance for the above reference locations.
Should you have any questions or if we can be of further assistance, please do not hesitate to contact our office.
Sincerely,
nadue kodress
Nadine Rodriguez
Merchants Landscape Services
1510 South Lyon Street • Santa Ana • CA 92705 • Tel (800) 645-4881 • Fax (714) 972-3185 CA Lic. 765658
..
PERFORMANCE BOND
Effective: 08/01/25-06/30/28
Bond No. 72BSBJE7787
Bid No. 2448
Premium: $44,739.00
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, on _ the CITY OF RIVERSIDE ("CITY") awarded to MERCHANTS LANDSCAPE SERVICES, INC., a California corporation, 1510 S Lyon Street, Santa Ana, CA 92705; State Contractor's License No. 765658 ("PRINCIPAL") a contract for performance of the work described as Sports Parks - RFP No. 2448 ("CONTRACT"'), the terms and conditions of which are incorporated herein by 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 WHEREAS, _ Hartford Fire Insurance Company ("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 Four Million Nine Hundred Seventy- One Thousand Dollars ($4,971,000.00), 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 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. 11/
111
11/
11/
111
1 IN WITNESS WHEREOF, we sign and seal this BOND on July 2 _ 2025 Correspondence or claims relating to NAME: MERCHANTS LANDSCAPE this BOND should be sent to SURETY at SERVICES, INC., a California corporation the following address: Principal
Hartford Fire Insurance Company By AB
_ (Seal)
One Pointe Drive, 6th Floor Mark Brower, President
Typed Name and Title
Brea, CA 92821 Hartford Fire Insurance Company
_(Seal)
Attorney-In-Fact
MARY SMITH, Attorney in Fact
Typed Name and Title
Telephone No. 214-676-5805
APPROVED ASTO FORM:
Note: Signatures of those executing for
SURETY must be acknowledged, and a Dal
By:
Power of Attorney attached.
Senior Deputy City Attorney
Rev: August 22, 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 _Los Angeles
On. July 2, 2025 before me, _ Albert Febres-Cordero, Notary Public Date Here Insert Name and Title of the Officer
personally appeared MARY SMITH
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persong) whose names) is/ake subscribed to the within instrument and acknowledged to me that Ke/she/they executed the same in kxsher/their authorized capacity(es), and that by is/her/their signature(8) on the instrument the person(8), 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.
ALBERT FEBRES-CORDERO WITNESS my hand and official seal.
COMMISSION #2501506
Notary Public - California HMI
LOS ANGELES COUNTY Signature Afile
My Commission Expires
OCTOBER 5, 2028 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): Г Corporate Officer - Title(s):
_ Partner - • Limited • General • Partner - Il Limited | General • Individual I Attorney in Fact Cl Individual I. Attorney in Fact • Trustee Guardian or Conservator Cl Trustee L Guardian or Conservator • Other: -l Other:
Signer Is Representing: Signer Is Representing:
©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
POWER OF ATTORNEY One Hartford Plaza
Hartford, Connecticut 06155
[email protected]
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT:
Ageny NoTe: 12-101 INSURANCE SBRVZCES 1TC
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :
Steven I. Brockmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.
Wanglin of PASADENA, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by X, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 1979 1979
Shuby Wiggins
Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President
STATE OF FLORIDA
ss. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
Jessica Accone
Jessica Ciccone
My Commission HH 122280
Expires June 20, 2025
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as ofJuly 2, 2025 Signed and sealed in Lake Mary, Florida.
JORATRO CORPOR „COKPOBATE?
1979 19 7 9 1079
Keith Boyers
Keith D. Dozois, Assistant Vice President
PAYMENT BOND
Effective: 08/01/25-06/30/28
Bond No. 72BSBJE7787
Bid No. 2448
Premium: Included In Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS THAT:
WHEREAS, on → the CITY OF RIVERSIDE ("CITY") awarded to MERCHANTS LANDSCAPE SERVICES, INC., a California corporation, 1510 S Lyon Street, Santa Ana, CA 92705; State Contractor's License No. 765658 ("PRINCIPAL') a contract for performance of the work described as Sports Parks - RFP No. 2448 ("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, - Hartford Fire 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 hereby hold and firmly bind ourselves to pay to CITY in lawful United States currency the principal sum of Four Million Nine Hundred Seventy- One Thousand Dollars ($4,971,000.00), 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 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.
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1 IN WITNESS WHEREOF, we sign and seal this BOND on July 2 2025.
Correspondence or claims relating to NAME: MERCHANTS LANDSCAPE this BOND should be sent to SURETY at SERVICES, INC., a California corporation the following address: Principal
Hartford Fire Insurance Company By saba (Seal)
One Pointe Drive, 6th Floor Mark Brower, President
Typed Name and Title
Brea, CA 92821 Hartford Fire Insurance Company
Surety Mary Smet _(Seal)
Attorney In-Fact
MARY SMITH, Attorney in Fac
Typed Name and Title
Telephone No. 214-676-5805
APPROVED AS TO FORM:
Note: Signatures of those executing for
SURETY must be acknowledged, and a By:
Power of Attorney attached.
Senior Deputy City Attorney
25-0960 ALB/jv 06/27/25
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
XXXXXXXX
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 Los Angeles
On July 2, 2025 before me, - Albert Febres-Cordero, Notary Public Date Here Insert Name and Title of the Officer
personally appeared MARY SMITH
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the persong) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in kisy her/ther authorized capacitypes), and that by bis/her/their signature(5) on the instrument the person(6), 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.
ALBERT FEBRES-CORDERO WITNESS my hand and official seal.
COMMISSION #2501506
Notary Public - California
LOS ANGELES COUNTY Signature
My Commission Expires Signature of Notary Public
OCTOBER 5, 2028
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): [l Corporate Officer - Title(s):
• Partner - • Limited • Generat • Partner - I] Limited " General • Individual L Attorney in Fact C Individual [| Attorney in Fact • Trustee [auardian or Conservator C Trustee I 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 Direct Inquiries/Claims to:
THE HARTFORD
BOND, T-11
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON INSURANCE SERVICES LLC Agency Code: 72-183250
Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :
Steven I. Brockmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.
Wanglin of PASADENA, California
their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by , and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 1979 1979
Shuby Wiggins Said Ritune
Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President
STATE OF FLORIDA
ss. Lake Mary
COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (she is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority.
Jessica Accone
Jessica Ciccone
My Commission HH 122280
Expires June 20, 2025
1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 2, 2025 Signed and sealed in Lake Mary, Florida.
1979. 1979
1979
Keith Fores
Keith D. Dozois, Assistant Vice President