02_FINAL_EXECUTED_AGREEMENT (2) — San Marino City Council, February 28, 2025

INC. 1913,

CALIFORNIA

AGREEMENT FOR

MAINTENANCE SERVICES FOR MULTI-YEAR TREE MAINTENANCE

AND PLANTING PROGRAM
Project No 52-4150
Between

THE CITY OF SAN MARINO,
a municipal corporation,
and
MARIPOSA TREE MANAGEMENT, INC.
a California corporation
Dated: February 25, 2022

AGREEMENT FOR

MAINTENANCE SERVICES
This Agreement for Maintenance Services ("Agreement") is entered into as of the date agree as follows:

SECTION I. SCOPE OF SERVICES
Identification of Contractor
Name: Mariposa Tree Management, Inc.

Address: 6232 Santos Diaz Street, Irwindale, CA 91702
Type of Entity: A California Corporation
License Numbers: CA Contractors License # 1061455 C6l/D49, C27, C3I, A Term. Subject to the provisions of Section 8 [Termination] of this Agreement, the term of this Agreement is for 5 years commencing on the Effective Date, (DATE), as referenced on the cover page.

If this Agreement is for four (4) or more years, City may exercise up to two (2) I-year extensions contingent on an annual appropriation of a budget by the City Council and Contractor's satisfactory performance of Contractor's Services as documented by the City Engineer.

Description of Contractor's Services. Subject to the terms and conditions of his Agreement, Contractor agrees to perform for City those maintenance services specified in th cope of Services attached hereto and incorporated herein by reference as Exhibit "A" [Scope o Services] ('Services"). Contractor agrees to furnish, for the compensation provided for herein, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform and complete the Services. The Services shall be subject to inspection and approval by City. Contractor agrees to work closely with City staff in the performance of the Services Performance of Services. Contractor represents that it possesses the requisite training, licenses and permits necessary to perform the Services, and that its performance of the Services shall conform to the standard of practice of a professional having specific experience and expertise in professional services of like nature and complexity of the Services.

Compensation for Contractor's Services.

Compensation for the Services shall be (select one):

Lump Sum of $ 229,195 (Year I) With progress payments; or guaranteed not to exceed price of $ [Dollar Amount].

City may adjust compensation for the Services based on the year to year Engineering News Record (ENR) Construction Cost Index (CCI) percentage change with a maximum increase of 5% (no limit on decrease) per year.

1.6 Extra Work. Contractor shall not be compensated for any work or services rendered in connection with its performance of this Agreement, which are in addition to or outside of the Services ("Extra Work"), except as expressly provided for herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra Work to be performed by Contractor is approved by City in writing in advance of Contractor's commencement of the Extra Work in accordance with Section 9.10 [Amendments] and Section 9.18 [Administration and Implementation]. City shall not be obligated to pay for or otherwise be liable for unauthorized Extra Work performed by Contractor.

Schedule of Performance. Contractor agrees to diligently perform and complete the Services in accordance with the schedule of performance attached hereto and incorporated herein by reference as Exhibit "B" [Schedule of Performance] ("Schedule of Performance"). Modifications to the Schedule of Performance must be agreed upon in writing in advance by the City Manager pursuant to Section 9.18 [Administration and Implementation] and Contractor.

Progress and Coordination. Upon City's request, Contractor shall provide City with progress submittals showing status of Services, at times and increments as City may reasonably request, and shall provide City with a progress schedule for performance of the Services, at times and in a level of detail as City may reasonably request. Contractor shall coordinate with City and authorities with jurisdiction as necessary to perform the Services. Time is of the essence in the performance of the Services.

1.9 General Warranty. Contractor warrants all Services under this Agreement (which for purposes of this Section shall be deemed to include unauthorized Extra Work which has not been removed and any non-conforming materials incorporated into the Services) to be of good quality and free from any defective or faulty material and workmanship. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of City, regardless of whether or not such warranties and guarantees have been transferred or assigned to City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of City.

1.10 Repair of Defects. Contractor agrees that for a period of one (I) year from and after final acceptance of the Services, or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Services, whichever is later, Contractor shall within ten (10) days after being notified in writing by City of any defect in the Services or non-conformance of the Services, commence and prosecute with due diligence all work and services necessary to fulfill the terms of the warranty at its sole cost and expense. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work, facilities, fixtures, or materials damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective Services. For any Services so corrected, Contractor's obligation hereunder to correct defective Services shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Services.

Contractor shall perform such tests as City may require to verify that any corrective actions are adequate to remedy the defective condition. In the event that Contractor fails to perform its obligations under this 2 Section to the reasonable satisfaction of City, then City shall have the right to correct and replace any defective, non-conforming, or damaged Services at Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses incurred hereunder upon demand.

1.11 Contractor's Representative. Contractor hereby designates the representative named in Exhibit "D" [Representatives], or his or her designee, to act as its representative for the performance of this Agreement (Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement.

Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satistactory coordination of all portions of the Services under this Agreement.

SECTION 2. COMPENSATION AND METHOD OF PAYMENT

2.l Compensation. City shall pay to Contractor for non-disputed Services rendered, the compensation set forth in Exhibit "C" [Compensation] attached hereto and incorporated herein by reference. Total compensation to Contractor for the Services shall not exceed the total price or "not to exceed" amount set forth in Exhibit "C," without the prior written approval of City in accordance with Section 9.10 [Amendments] and Section 9.19 [Administration and Implementation].

Payment of Compensation. Contractor shall submit periodic (monthly or quarterly as specified in Exhibit "C") invoices together with an itemized statement of Services provided. The statement shall describe the Services provided, the percent of work completed by item, together with such other reasonable detail and supporting documentation as may be required by the City Manager, or his/her designee. City will review the statement and pay, with the exception of any charges for work performed or expenses incurred by Contractor which are disputed by City, within 30 days of receiving such statement, all approved charges thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defect in work performed by Contractor.

2.30 Prior to execution of the Agreement, the State of California declared a state of emergency and issued a stay at home order in connection with the COVID-19 pandemic, and the County of Los Angeles ("'County") issued numerous orders relating to COVID-19, including without limitation an Order to Shelter in Place, originally dated March 17, 2020 (as subsequently extended and amended, including after the date of the Agreement, the "County Order"). In no event shall Contractor be entitled to any additional compensation in connection with any delay or costs associated with the COVID 19 pandemic, the County Order, or any other governmental requirements or regulations in connection therewith, whether currently existing or hereinafter enacted. In the event of any conflict between the terms of this Section and any other provision of the Agreement, in all events, the terms of this Section shall control.

SECTION 3. RESPONSIBILITIES OF CONTRACTOR
Control and Payment of Subordinates; Independent Contractor. Contractor agrees that all Services shall be performed by Contractor or under its supervision. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under the Contractor's exclusive direction and control. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. Contractor is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor is not entitled to any benefits that Owner provides to Owner employees, including, without limitation, worker's compensation benefits or payments, pension benefits, health benefits or insurance benefits. Contractor expressly waives any claim Contractor may have to any such rights. Contractor shall pay all payroll taxes imposed by any governmental entity and shall pay all other required taxes.

Standard of Care and Licenses. Contractor agrees that all Services shall be performed in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and warrants that it, its employees and subcontractors shall have sufficient skill and experience to perform the Services and that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained in good standing throughout the term of this Agreement.

Required Corrections. Contractor shall perform, at its own expense and without reimbursement from the City, any work necessary to correct errors or omissions that are caused by the Contractor's failure to comply with the standard of care provided for herein.

3.4 Law and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services.

3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as to avoid injury or damage to any person or property and shall otherwise exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed.

3.6 Labor Code and Prevailing Wage Requirements.

3.6.1 Prevailing Wage Laws. Contractor represents and warrants that it is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the compliance with other requirements on "Public Works" and "Maintenance" projects. Contractor shall pay prevailing wages to its employees on any agreement in excess of $1,000.00 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by the Director of the State of California Department of Industrial Relations, may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm]. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code. Contractor and all subconsultants shall keep and maintain accurate employee payroll records for Work performed under the Agreement. The payroll records shall be certified and submitted as required by law, including Labor Code Sections 1771.4 (if applicable) and 1776, including to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section |777.5 in the hiring of apprentices for work relating to the Agreement.

3.6.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 4 SECTION 4. INDEMNIFICATION
Indemnity. Except as to the sole negligence, active negligence, or willful misconduct of City, Contractor expressly agrees to, and shall, indemnify, defend, release, and hold City, and its respective officials, officers, employees, agents, and contractors harmless from and against any Action, liability, loss, damage, entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way related to, any act or omission of Contractor, or its officers, directors, employees, agents, or contractors, connected with the performance or failure to perform under this Agreement, notwithstanding that City may have benefited therefrom, or any challenge to this Agreement. This Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of Contractor's officers, directors, employees, agents and contractors, including but not limited to acts or omissions in any way related to, the release, treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the location at which work under this Agreement is performed of any Hazardous Substances by Contractor or its officers, directors, employees, agents, and subcontractors. The Parties expressly agree that any payment, or Costs and Expenses City incurs or makes to, or on behalf of, an injured employee under City's workers compensation or other insurance, is included as a loss or Costs and Expenses for the purpose of this Section. City shall not be responsible for any acts, errors or omissions of any person or entity except City and its officers, agents, servants, employees or contractors. The Parties expressly agree that the obligations of Contractor under this Section shall survive the expiration or early termination of the Agreement.

4.2 Action. For purposes of this Agreement, "Action" shall mean any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to commencement of the Action.

4.3 Costs and Expenses. For purposes of this Agreement, "Costs and Expenses" shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily incurred by a Party in good faith in the investigation, prosecution or defense of an Action, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorney's fees, Contractor fees, fees for investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs, and any other costs or expenses, the award of which a court of competent jurisdiction may determine to be just and reasonable.

4.4 Hazardous Substances. For purposes of this Agreement, "Hazardous Substances" shall mean any and all of the following:
a. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability arises for misuse, pursuant to the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. §960l, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. §180l, et seq.; the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §6901, et seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33 U.S.C. §125l, et seq.; the Insecticide, Fungicide, Rodenticide Act, 7 U.S.C. §136, et seq.; the Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, et seq.; the Clean Air Act, 42 U.S.C. §740l, et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f, et seq.; the Solid Waste Disposal Act, 42 U.S.C. §6901, et seq.; the Surface Mining Control and Reclamation Act, 30 U.S.C. §1201, et seq.; the Emergency Planning and Community Right to Know Act, 42 U.S.C. §1100l, et seq.; the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the Hazardous Waste Control Act, California Health and Safety Code ("H.&S.C.") §25100, et seq.; the Hazardous Substance Account Act, 5 H.&S.C.§25330, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, H.&S.C. §25249.5, t seq.; the Underground Storage of Hazardous Substances, H.&S.C. §25280, et seq.; the Carpenter resley-Tanner Hazardous Substance Account Act, H.&S.C. §25300, et seg.; the Hazardous Waste Management Act, H.&S.C. §25170.I, et seg.; the Hazardous Materials Response Plans and Inventory, H.&S.C. §2500I, et seq.; the Porter-Cologne Water Quality Control Act, Water Code §13000, et seq., all as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature whatsoever which is or becomes listed, regulated, or for which liability for misuse arises pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule, regulation, order or decree due to its hazardous, toxic or dangerous nature.

SECTION 5. RECORDS AND AUDIT
Records and Audit. At Owner's request, Contractor shall make available to Owner, its authorized agents, officers, or employees, for audit, photocopy or compilation, any and all ledgers, books of accounts, invoices, payrolls, vouchers, cancelled checks, correspondence, internal memoranda, calculations, drafts, and other records or documents evidencing or relating to the performance of the Services (hard copy or electronic), expenditures and disbursements charged to Owner in connection with the Services. Contractor shall maintain such documents for at least three (3) years following completion of the Services. Such rights shall be specifically enforceable.

SECTION 6. INSURANCE
Maintenance of Insurance. Prior to the beginning of and throughout the term of this Agreement, Contractor will maintain insurance in conformance with requirements established by City for the type of Services being performed. Contractor acknowledges that prior to the Effective Date of this Agreement, City provided to Contractor the applicable insurance requirements, a copy of which are attached hereto as Exhibit "F" [Insurance]. Contractor acknowledges that the insurance coverage and policy limits provided by City constitute the minimum amount of coverage required. Any insurance proceeds in excess of the limits and coverage required in this Agreement and which are applicable to a given loss, will be available to the City.

6.2 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and any other party involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the and others es of thin the profe wite sure to con re rest all grements with subcontractors Modification of Insurance Provisions. The City Manager may make reasonable protect the City.

SECTION 7. BONDS

7.1 Performance and Payment Bonds. If required by law or specifically required by City as set forth in Exhibit "E" [Bonds Required], attached hereto and incorporated herein by reference, 6 Contractor shall execute and provide to City concurrently with Contractor's execution of this Agreement, but in no event later than the Effective Date of this Agreement, a Performance Bond and/or a Payment Bond in the amount of the total, not-to-exceed compensation indicated in Exhibit C, and in a form provided or approved by the City.

7.2 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds.

No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this section are accepted by the City. To the extent, if any, that the total compensation s increased in accordance with the Agreement, the Contractor shall, without further notice from City cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety.

Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and satisfactory to the City. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 8. TERMINATION

8.I Termination and Suspension. City may, with or without cause, direct Contractor to suspend, delay or interrupt Services, in whole or in part, for such periods of time as City may determine in its sole discretion. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for default, should Contractor commit a material breach of this Agreement, or part thereof, and not cure such breach within ten (10) calendar days of the date of City's written notice to Contractor demanding such cure, in which case Contractor shall be liable to City for all loss, cost, expense, damage and liability resulting from such breach and termination. City may terminate performance of the Services under this Agreement in whole, or from time to time in part, for convenience, whenever City determines that such termination is in City's best interests, in which case Contractor shall be entitled to recover its costs expended up to the termination date plus reasonable profit thereon to the termination date as this Agreement would otherwise provide, but may recover no other cost, damage or expense.

Contractor shall continue its work throughout the course of any dispute, and Contractor's failure to continue work during a dispute shall be a material breach of this Purchase Order.

SECTION 9. GENERAL PROVISIONS
Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 7 9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

9.3 Conflict of Interest. Contractor represents and warrants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work and services required under this Agreement. Without limitation, Contractor represents to and agrees with City that Contractor has disclosed any potential conflict of interest, and will have no future conflict of interest, in providing City services hereunder, including but not limited to, any interest (financial, shared ownership, shared management, shared directors, or reporting responsibilities) Contractor may presently have, or will have in the future, with respect to any other person or entity (including but not limited to potential suppliers, vendors, Contractors, contractors, or regulatory agency) which may have an interest in the subject matter of the Services.

9.4 Confidentiality. Any information, whether proprietary or not, made known to or discovered by Contractor during the performance of or in connection with this Agreement for City, will be kept confidential and not be disclosed to any other person. Contractor will immediately notify City in writing if it is requested to disclose any information made known to or discovered by Contractor during the performance of or in connection with this Agreement. These conflict of interest, confidentiality and future service provisions and limitations shall remain fully effective indefinitely after termination of services to City hereunder.

9.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of the Agreement.

Governing Law. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.

9.7 Integration. This Agreement, including the attached Exhibits "A" through "F", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other prior agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding.

9.8 Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

9.9 Prohibited Interests. Contractor represents and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
8 9.10 Amendments. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and City. The City Manager shall have the authority to approve any amendment to this Agreement if the total compensation under this Agreement, as amended, would not exceed the City Manager's contracting authority under the San Marino Municipal Code. All other amendments shall be approved by the City Council. The Parties agree that the requirement for amendments or modifications to be in writing cannot be waived and that any attempted waiver shall be void.

9.11 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

9.12 Delivery of Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be given to the respective parties at the addresses listed in Exhibit Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.14 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party or any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any Services by Contractor shall not constitute a waiver of any of the provisions of this Agreement.

9.15 Subcontracting. Contractor shall not subcontract any portion of the Services, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions of this Agreement.

9.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

9.17 Authority to Execute. The person or persons executing this Agreement on behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder

9.18 Administration and Implementation. This Agreement shall be administered and executed by the City Manager or his or her designated representative. The City Manager shall have the authority to issue interpretations and to make amendments to this Agreement, including amendments that commit aditional funds, consistent with Section 9.10 Amendment] and the Ciry Manager's contracting

SIGNATURES ON FOLLOWING PAGE
9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
"CITY"
CITY OF San Marino
Maine
larcella Marlov
City Manager
ATTEST:

Ch
City Clerk
APPROVED AS TO FORM:

Joe Montes, City Attorne
"CONTRACTOR"
MARIPOSA TREE MANAGEMENT, INC.

By:-
Name: Terry Noriega
Ticle: President
By:_
Name: Dennis Jones
Title: Secretary & Vice President of Operations
10 EXHIBIT "A"

SCOPE OF SERVICES
Rei C
October 2023
The general Scope of Work is as follows:

DESCRIPTION AND LOCATION OF WORK
The scope of work generally includes: street and parks tree pruning, service request tree pruning, City trees to the existing City tree inventory database.

Contractor shall furnish labor, material, equipment, services, transportation, fuel and specialized skills to perform work involved in the Project.

See Exhibit B for Details
NIB - I Prj. No. 52-4150
EXHIBIT "B"

SCHEDULE OF PERFORMANCE
Se muCh or The mintenan 5, lang Prora contact documents approved by the san EXHIBIT "C"

COMPENSATION
Compensation is as follows:

ESTIMATED 7-YEAR CONTRACT VALUE
Contract Year Contract Value
Year 1 (FY 2021-22) $229,195 (partial work at bid unit price) Year 2 (FY 2022-23) $414,845 (Year I full bid) (contingent on FY 2021-22 operating budget appropriation)
Year 3 (FY 2023-24) $435,587 Estimated (Year 2 contract value + 5%) (contingent on appropriation)
Year 4 (FY 2024-25) $457,366 Estimated (Year 3 contract value + 5%) (contingent on appropriation)
Year 5 (FY 2025-26) $480,234 Estimated (Year 4 contract value + 5%) (contingent on appropriation)
Year 6-Extension (FY 2026-27) $504,246 Estimated (Year 5 contract value + 5%) (contingent on appropriation)
Year 7-Extension (FY 2027-28) $529,458 Estimated (Year 6 contract value + 5%) (contingent on appropriation)
Estimated 7-Year Contract Value including $3,050,93l
Extensions
EXHIBIT "D"

REPRESENTATIVES

CITY'S REPRESENTATIVE
City of San Marino
Parks & Public Works Department
Attn: Director of Parks and Public Works/City Engineer
2200 Huntington Drive, San Marino, CA 91108

CONTRACTOR'S REPRESENTATIVE
Mariposa Tree Management, Inc.

Attn: Dennis Jones
6232 Santos Diaz Street, Irwindale, CA 91702
Phone: 800-794-9458
Fax: 626-960-8477
EXHIBIT "E"

BONDS REQUIRED
The Contractor shall provide the following Surety Bonds: (I) Bid bond, (2) performance bond, (3) payment bond, and (4) maintenance bond. The Payment Bond and Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

EXHIBIT "F"

INSURANCE REQUIREMENTS FOR CITY OF SAN MARINO
Contractor's Duty to Show Proof of Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its Coverage shall be at least as broad as:

Commercial General Liability (CGL)
Insurance Services Office Form CG 00 01 covering CL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project / location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability
If the Contractor or the Contractor's officers, employees, agents, representatives or subcontractors utilize a motor vehicle in performing any of the work or services under the Agreement Insurance Services Office Form Number CA 0001 covering, Code I (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees) Professional Liability (Errors and Omissions)
Insurance appropriates to the Contractor's profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Contractor maintains broader coverage and / or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and / or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Application of Excess Liability Coverage
Contractor may use a combination of primary, and excess insurance policies which provide coverage as broad as ("follow form" over) the underlying primary policies, to satisfy the Required Insurance Provisions.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 | 1 85 or both CG 20 I0, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Contractor's insurance shall be primary for insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor nay acquire against the City by virtue of the payment of any loss under such insurance. Contractor agree:
o obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provisior applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Reporting: Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or its officers, officials employees, agents or volunteers.

Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Contractor shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents, representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in the PO for Contractor to procure and maintain a policy of insurance.

ACORD® DATE (MM/DDAM
CERTIFICATE OF LIABILITY INSURANCE 03/04/2022
HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THI

ERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE O

RODUCER, AND THE CERTIFICATE HOLDEI
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. ! SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on thi certificate does not confer rights to the certificate holder In lleu of such endorsements).

PRODUCER CONTACT CLIENT CONTACT CENTER
FEDERATED MUTUAL INSURANCE COMPANY PHIC No, EX: 28R 273-4919 HOME OFFICE: P.O. BOX 328
OWATONNA, MN 55060 ARES: [email protected]

INSURERS) AFFORDING COVERAGE HAIC A
INSURER A: FEDERATED SERVICE INSURANCE COMPANY 28304
INSURED 171-235-5 INSURER B:

MARIPOSA TREE MANAGEMENT INC INSURER C:
6232 SANTOS DIAZ ST
IRWINDALE, CA 91702-3267 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 428 REVISION NUMBER: 0

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSE: TYPE OF INSURANCE POUCY NUMBER LIMITS
TR
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 ]CLAIME-MADE [X OCCUR AMAGE TO RENTE $100,000
PREMISES (ER occurrence
MED EXP (Any one person) EXCLUDED
6069499 04/01/2021 04/01/2022 PERSONAL & ADY INJURY $1,000,000 GEN AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY LOC PRODUCTS - COMPIOP AGO $2,000,000
OTHER:

AUTOMOBILE LIABILITY $1,000,000
X ANY AUTO BODILY INJURY (Per person)
7 SCHEDULED N 6069499 04/01/2021 04/01/2022 BODILY INJURY (Per accident)

LOWNED AUTOS ONLY AUTOS

NON-OWNED

HIRED AUTOS ONLY AUTOS ONLY
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $10,000,000
EXCESS LIAB CLAIMS-MADE N N 6069500 04/01/2021 04/01/2022 AGGREGATE $10,000,000

DED RETENTION
WORKERS COMPENSATION [PER STATUTEl TER*
AND EMPLOYERS LIABILITY YIN E.L. EACH ACCIDENT

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? NIA
(Mandatory in NH) EL. DISEASE - EA EMPLOYEE
yes, describe und EL DISEASE - POLICY LIMIT
ESCRIPTION OF OPERATIONS bela
DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additionel Remarks Schedule, may be attached if more space is required)

SEE ATTACHED PAGE

CERTIFICATE HOLDER CANCELLATION
171-235-5 428 0

CITY OF SAN MARINO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

PARKS & PUBLIC WORKS DEPARTMENT LE EXPIRATION DATE THEREOF NOTICE WILL 2200 HUNTINGTON DR CORDANCE WITH THE POLICY PROVISIO
SAN MARINO, CA 91108-2639 AUTHORIZED REPRESENTATIVE
Michal 6 Ken
@ 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 171-235-5
LOC #:

ACORD®
ADDITIONAL REMARKS SCHEDULE Page 1_ of 1

AGENCY NAMED INSURED

FEDERATED MUTUAL INSURANCE COMPANY MARIPOSA TREE MANAGEMENT INC 6232 SANTOS DIAZ ST

POLICY NUMBER
SEE CERTIFICATE # 428.0 IRWINDALE, CA 91702-3267

CARRIER NAIC CODE
SEE CERTIFICATE # 428.0 EFFECTIVE DATE: SEE CERTIFICATE #428.0

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25] _ FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: CITY OF SAN MARINO CA

CITY OF SAN MARINO, PARKS & PUBLIC WORKS DEPARTMENT, OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, & VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS.

HE CERTIFICATE HOLDER IS AN ADDITIDNAL INSURED
FOR GENERAL LIABILITY.

OF THE BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY ENDORSEMENT.

GENERAL LIABILITY CONTAINS CG 25 03, DESIGNATED CONSTRUCTION PROJECTS) GENERAL AGGREGATE LIMIT ENDORSEMENT.

The ACORD name and logo are registered marks of ACORD

COMMERCIAL GENERAL LIABILITY
CG 20 01 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRIMARY AND NONCONTRIBUTORY -

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
(2) You have agreed in writing in a contract
Tondition and supersedes the otison nee or agreement that this insurance would be primary and would not seek contributio
rom any other insurance available to th
Primary And Noncontributory Insurance
This insurance is primary to and will not seek additional insured. contribution insurance
available to an additional insured under your
policy provided that:
(1) The additional insured is a Named Insured
under such other insurance; and
© Insurance Services Office, Inc., 2012 Page 1 of 1
CG 20 01 04 13 Policy Number: 6069499 Transaction Effective Date: 04-01-2021

COMMERCIAL GENERAL LIABILITY
CG 20 33 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - AUTOMATIC STATUS WHEN

REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

4. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply:
operations This insurance does not apply to:
organization have agreed in writing in a contract

1. "Bodily injury", "property damage" or
or agreement that such person or organization be "personal and advertising injury" arising out added as an additional insured on your policy.
of the rendering of, , or the failure to render,
Such person or organization is an additional
insured only with respect to liability for "bodily any professional architectural, engineering or "personal surveying services, including:
injury", "property damage" or and
advertising injury" caused, in whole or in part, by: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings,

1. Your acts or omissions; or
opinions, reports, surveys, field orders,

2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications; or
in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured engineering activities.

However, the insurance afforded to such This exclusion applies even if the claims against additional insured: insured allege negligence or other
any

1. Only applies to the extent permitted by law;
and employment, training or monitoring of others by

2. Will not be broader than that which you are that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the
required by the contract or agreement
provide for such additional insured. "personal
advertising injury", involved the rendering of or
person's or organization's
professional
den your operations for that andrine send architectural, engineering or surveying services. are completed.
© Insurance Services Office, Inc., 2012 Page 1 of 2
CG 20 33 04 13 Policy Number: 6069499 Transaction Effective Date: 04-01-2021

2. "Bodily injury" or "property damage" C. With respect to the insurance afforded to these occurring after: additional insureds, the following is added to a. All work, including materials, parts or Section III - Limits Of Insurance:
equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance:
service, maintenance or repairs) to be Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered
operations has been completed; or

2. Available under the applicable Limits of
b. That portion of "your work" out of which Insurance shown in the Declarations; the injury or damage arises has been put
whichever is less.
to its intended use by any person or
organization other than another contractor This endorsement shall not increase the or subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project.

Page 2 of 2 ends

CG 20 33 04 13 Policy Number: 6069499 Transaction Effective Date: 04-01-2021 POLICY NUMBER: 6069499 COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location And Description Of Completed Operations CITY OF SAN MARINO "ANY COVERAGE PROVIDED BY THIS

PARKS & PUBLIC WORKS DEPARTMENT ENDORSEMENT APPLIES ONLY TO TREE 2200 HUNTINGTON DR TRIMMING AT CITY OF SAN MARINO CA PARKS" SAN MARINO CA 91108 ADDITIONAL INSUREDS ALSO INCLUDE: CITY

OF SAN MARINO, PARKS & PUBLIC WORKS

DEPARTMENT, OFFICERS, OFFICIALS,

EMPLOYEES, AGENTS, & VOLUNTEERS
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only with Section III - Limits Of Insurance:
respect to liability for "bodily injury" or "property If coverage provided to the additional insured is damage" caused, in whole or in part, by "your required by a contract or agreement, the most we work" at the location designated and described in will pay on behalf of the additional insured is the the Schedule of this endorsement performed for amount of insurance:
that additional insured and included in the

1. Required by the contract or agreement; or
"products-completed operations hazard".

2. Available under the applicable Limits of
However: Insurance shown in the Declarations;

1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted by
law; and This endorsement shall not increase the applicable

2. If coverage provided to the additional insured is Limits of Insurance shown in the Declarations. required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

MARIPOSA LANDSCAPES INC
6232 SANTOS DIAZ ST
IRWINDALE CA 91702
© Insurance Services Office, Inc., 2012 Page 1 of 1
CG 20 37 04 13 Policy Number: 6069499 Transaction Effective Date: 03-03-2022 POLICY NUMBER: 6069499 COMMERCIAL GENERAL LIABILITY
CG 25 03 05 09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECTS)

GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Designated Construction Projects):

Each construction project as required by written contract or written agreement.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to damages caused damages or under Coverage C for medical "occurrences" under Section I - Coverage A, and for the Designated all medical expenses caused by accidents under Construction Project General Aggregate Limit Section I - Coverage C, which can be attributed only for that designated construction project. Such to ongoing operations at a single designated shall not reduce the General construction project shown in the Schedule above: Aggregate Limit shown in the Declarations nor

1. A separate Designated Construction Project shall they reduce any other Designated General Aggregate Limit applies to each Construction Project General Aggregate Limit designated construction project, and that limit for any other designated construction project shown in the Schedule above.

Aggregate Limit shown in the Declarations. 4. The limits shown in the Declarations for Each

2. The Designated Construction Project General Occurrence, Damage To Premises Rented To Aggregate Limit is the most we will pay for You and Medical Expense continue to apply. the sum of all damages under Coverage A, However, instead of being subject to the except damages because of "bodily injury" or General Aggregate "property damage" included in the "products- Declarations, such limits will be subject to the applicable Designated Construction Project
medical under General Aggregate Limit.
expenses Coverage
regardless of the number of:

Insureds;
b. Claims made or "suits" brought; or
Persons or organizations making claims
or bringing "suits".
© Insurance Services Office, Inc., 2008 Page 1 of 2
CG 25 03 05 09 Policy Number: 6069499 Transaction Effective Date: 04-01-2021 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations "occurrences" under Section I - Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury" or "property damage" included in under Section 1 - Coverage C, which cannot be the "products-completed operations hazard" will attributed only to ongoing operations at a single the Products-completed Operations designated construction project shown in Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction

1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit, whichever is applicable; and specifications or timetables, the project will still

2. Such payments shall not reduce be deemed to be the same construction project.

Designated Construction Project General E. The provisions of Section III - Limits Of Insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated.

Page 2 of 2 ends

CG 25 03 05 09 Policy Number: 6069499 Transaction Effective Date: 04-01-2021

FEDERATED INSURANCE COMPANIES
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST

OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions:

We waive any right of recovery we may have against any person or organization because of payments we make for Includes copyrighted material of Insurance Services Office, Inc. with its permission.

CG-F-81 (04-13) Policy Number: 6069499 Transaction Effective Date: 04-01-2021 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDAYYY) 03/02/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).

NAME: Tami Mason
Global Risk, LIC PHONE
PO BOX 607 (A/C, No, Ext): (213) 550-2250
E-MAIL
ADDRESS: [email protected]
Hermosa Beach CA 90254
INSURERS) AFFORDING COVERAGE NAIC *
INSURERA: Ironshore Specialty Insurance Co 25445
INSURED (800) 794-9458
INSURER B:

Mariposa Tree Management, Inc. INSURER C:
15529 Arrow Hwy INSURER D:

INSURER E:

Irwindale CA 91706
INSURER F:

COVERAGES CERTIFICATE NUMBER: Cert ID 518 REVISION NUMBER:

HIS TO CERT TATE POLICES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOL INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR ADDL SUBR POLICY EFF POLICY EXP

LTR TYPE OF INSURANCE INSO WD POLICY NUMBER (MM/DD/YYYY)(MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
PRO-

POLICY LOC PRODUCTS - COMP/OP AGG
OTHER:

COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY (Ea accident) $
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident)

AUTOS ONLY AUTOS

NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident)

UMBRELLA LIAB EACH OCCURRENCE
OCCUR

EXCESS LIAB CLAIMS-MADE AGGREGATE

DED RETENTIONS

WORKERS COMPENSATION STATUTE

AND EMPLOYERS' LIABILITY
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT $
OFSICSRMSMRER SXCI LINED? NIA
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S
ESCRIPTION OF OPERATIONS belo EL. DISEASE - POLICY LIMIT S A Pollution/Professional Y DCP7NAB8JV8001 04/01/2021 04/01/2022 Per Claim/Agg. 2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE ACCORDANCE THE POPROVONE WILL BE DELIVERED IN City of San Marino
Parks & Public Works Department
2200 Huntington Drive AUTHORIZED REPRESENTATIVE
san Marino CA 91108 Tani Ca
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

Page 1 ends

5. As a condition precedent to the Named Insured's right to purchase the Extended Reporting Period, the Named Insured must have satisfied all conditions of this policy and must have paid all premiums and retention amounts due.

G. SUBROGATION

1. The Insured and the Company may have rights to recover all or part of any payment an Insured or the Company makes under this policy. If so, those rights are transferred to the Company.

2. The Insured must do nothing to impair such rights. The Insured will do everything necessary to secure such rights and help the Company enforce them, including the execution of documents necessary to enable the Company to effectively bring suit. Any recoveries will be applied as follows:
a. first, to the Company up to the amount of its payment for Damages and Claim Expenses, except for COVERAGE B;
b. then, to the Insured as recovery of Retention amounts paid as Damages and Claim Expenses except for COVERAGE B;

3. The Company agrees to waive its right of subrogation against any client of the Insured for a Claim which is covered by this policy to the extent that the Insured had, prior to such Claim having been made, a written agreement to waive such rights.

H. TRANSFER OF RIGHTS AND DUTIES UNDER THIS POLICY
Any rights and duties of the Insured under this policy may not be transferred without the prior written approval of the Company.

NO WAIVER OR CHANGE OF TERMS
Notice or knowledge possessed by any person will not result in a waiver or a change in any part of this policy or estop the Company from asserting any rights under the terms of the policy; nor will the terms of this policy be waived or changed except by written endorsement issued by the Company and made part of the policy.

J. CANCELLATION; NO OBLIGATION TO RENEW

1. The Named Insured may cancel this policy by mailing or delivering to the Company advance written notice of cancellation. If the Named Insured cancels this policy, the earned premium will be calculated using the customary short rate table and procedure.

2. The Company may cancel this policy by mailing or delivering to the Named Insured written notice of cancellation at least:
a. ten (10) days before the effective date of cancellation for nonpayment of premium; or b. thirty (30) days before the effective date of cancellation for any other reason or as otherwise specified by state law.

ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CERTICATE DOES NOT AFFIRMA LY OR MEGATNEAY ANEND, EXTEND OR ALTER THE COVERACE AFFORDED ATE HOLDER THE

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsec f SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsements).

PRODUCER Venbrook Insurance Services
6320 Canoga Avenue, 12th Floor 818-598-8941
Woodland Hills, CA 91367
[email protected]
INSURERS) AFFORDING COVERAGE NAIC#
www.venbrook.com CA Lic No. 0D80832 INSURERA: Alaska National Insurance Company 38733

INSURED
INSURER B:

Mariposa Tree Management, Inc.
6232 Santos Diaz St. INSURER C:

Irwindale CA 91702 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 67029174 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TADDL SUBR] POLICY EXP
LTR TYPE OF INSURANCE INSD WVD. POLICY NUMBER MIM/DD/YYYY) (MM/DD/YYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $

DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY
GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE

POLICY LOC PRODUCTS - COMP/OP AGG
OTHER:

AUTOMOBILE LIABILITY OMBINED SINGLE LIMI
Ea acciden
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED BODILY INJURY (Per accident) S

AUTOS ONLY AUTOS

HIRED NON-OWNED PROPERTY DAMAGE
AUTOS ONLY AUTOS ONLY (Per accident) $

UMBRELLA LIAB OCCUR EACH OCCURRENCE

EXCESS LIAB CLAIMS MADE AGGREGATE

DED RETENTIONS
A WORKERS COMPENSATION 21D WS 12057 4/1/2021 4/1/2022 / STATUTE

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNER/EXECUTIVE YIN
EL EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED? Y N/ A
(Mandatory in NH) EL DISEASE - EA EMPLOYEE $1,000,000
Is desibe PERATIONS below EL. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Valver or sunrogation apples 10 Workers Compensation.
10 Days Notice of Cancellation for Non-Payment of Premium, 30 Days All Othe

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOR City of San Marino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED | Parks & Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 2200 Huntington Drive
San Marino • A 0110{

ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 67029171 | 21-22 WC - NIM | Windy West | 3/2/2022 3:24:25 PM (2ST) | Page 1 ot 2 Alaska National

INSURANCE COMPANY

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from You must maintain payroll records accurately anyone liable for an injury covered by this policy. We segregating the remuneration of your employees while enforce our right against the person or engaged in the work described in the Schedule. organization
agreement applies only to the extent that you perform The additional premium for this endorsement shall be work under a written contract that requires you to 2% of the California workers' compensation premium obtain this agreement from us.) otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Blanket waiver: All Operations
Any persons or organizations for whom the
Insured, has agreed by written contract, to
furnish this waiver.

This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy.

Endorsement Effective 3/2/2022 Policy No. 21D WS 12057
Insured Mariposa Tree Management, Inc. Endorsement No. 6 Countersigned By Wayne Bryan
WC 04 03 06(04 84)
67029174 | 21 22 NC - NTN | Windy West | 3/2/2022 3:24:25 OM (PST) | Page 2 o= 2 ond No. 72BSBIT590
remium: $1,146.0
Effective: 3/9/22 - 6/30/22
Multi-year Tree Maintenance and Planting Program Prj. No. 52-4150

CONSTRUCTION PERFORMANCE BOND
THIS CONSTRUCTION PERFORMANCE BOND (Bond) is dated [
amount of L 1 (Penal Sum), which is 100% of the Contract Sum and is intered into by and between the parties listed below to ensure the faithful performance of the Contract identified below. This Bond consists of this page and the Bond Terms and Conditions, Paragraphs through 14 attached to this page. Any singular reference to [Mariposa Tree Mangement, Inc. ] (Contractor), ] (Surety), CITY OF [ San Marino
considered plural where applicable.

CONTRACTOR: SURETY:

Mariposa Tree Management, Inc. Hartford Fire Insurance Company ] [
6232 Santos Diaz Street One Pointe Drive, 6th Floor
Address Principal Place of Business
Brea, CA 91702 Brea, CA 92821
City/State/Zip City/State/Zip
CONSTRUCTION CONTRACT: [ 52-4150 1, dated [ J,
20_, in the amount of L * Insert Amount].

CONTRACTOR AS PRINCIPAL SURETY
Mariposa Tree Management, Inc. Hartford Fire Insurance Company Company: (Corp. Seal) Company: (Corp. Seal)
Signature:: somere Many Smuth
Name: Terry Norega Name: MARY SMITH
President Title: Attorney-In-Fact
Title:
*Two Hundred Twenty Nine Thousand One Hundred Ninety Five and no/100 ($229, 195.00)* **Hartford Fire Insurance Company**
Addendum No. 5 1-27-2022
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 notary public or other officer completing this certificate verifies only the identity of the individual who signed t cument to which this certificate is attached, and not the truthfulness, accuracy, or validity of that documer State of California
County of Los Angeles
March 9, 2022 Emily Preciado, Notary Public
On before me,
Date Here Insert Name and Title of the Officer
personally appeared Mary Smith
Names) of Signer(s)
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 ha/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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
EMILY PRECIADO of the State of California that the foregoing paragraph COMMISSION #2328011 is true and correct.

Notary Public - California WITNESS my hand and official seal.

LOS ANGELES COUNTY
My Commission Expires
MAY 11, 2024 Emiles Lenado
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): [l Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - 11 Limited L General O individual [ Attorney in Fact Li Individual I | Attorney in Fact • Trustee O Guardian or Conservator Cl 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
POWER OF ATTORNEY Hartford, Confer Put 06155
[email protected]
ll: 888-266-3488 or fax: 860-757-58
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY 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 L. 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. 1079
Shuby Wigging Garud 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. ssica Anione
Jessica Ciccone
My Commission HH 122280
Expires June 20, 2025
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 9, 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct Signed and sealed in Lake Mary, Florida.
1979 1079
Kitth Popes
Keith D. Dozois, Assistant Vice President

ACKNOWLEDGMENT
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
3-10-2022 Brandon James Williamson, Notary Public
On before me, _
(insert name and title of the officer)
personally appeared Terry Noriega
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 in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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.

BRANDON JAMES WILLIAMSON
WITNESS my hand and official seal. Notary Public - California Los Angeles County
Commission # 2354892
My Comm. Expires Apr 19, 2025
Signature (Seal)
Multi-year Tree Maintenance and Planting Program Prj. No. 52-4150 *Two Hundred Twenty Nine Thousand EXHIBIT "E" Bond No. 72BSBIT5906 One Hundred Ninety Five and no/100 BONDS REQUIRED Premium included in the ($229,195.00)* Performance Bond
PAYMENT BOND Effective: 3/9/22 - 6/30/22
(Bond for Labor and Material)
KNOW ALL PERSONS BY THESE PRESENTS:

1.01 THAT WHEREAS, CITY OF [San Marino 1 (Owner) has awarded to (Name of Contractor) Mariposa Tree Management, Inc. _ as Principal, Contract Number 52-4150 dated the_ day of _ 20 (the
Contract), titled the City of
L San Marino Project in the amount of $
_ which Contract is by this reference made a part hereof, for the work of the following Contract: Maintenance/Repair/Minor Construction Services For Multi-Year Tree Maintenance and Planting Program #52-4150 [PROJECT NAME AND LOCATION]

1.02 AND WHEREAS, Principal is required to furnish a bond in connection with the Contract to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

1.03 NOW, THEREFORE, we, the undersigned Principal and (Name of Surety) Hartford Fire Insurance Company -, as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT PRICE ($ 229,195.00***********), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

1.04 THE CONDITION OF THIS OBLIGATION IS SUCH, that if Principal, or its executors, administrators, successors, or assigns approved by Owner, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Principal and subcontractors pursuant to Section 13020 of the State of California Unemployment Insurance Code with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys' fees, otherwise the above obligation shall become and be null and void.

1.05 This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The intent of this bond is to comply with the California Mechanic's Lien Law.

1.06 Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Contract, or to the work to be performed thereunder.

Addendum No. 5 1-27-2022
Multi-year Tree Maintenance and Planting Program Prj. No. 52-4150 Surety's obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Contract nd suit may be brought against Surety and such other sureties, jointly and severally, or against an one or more of them, or against less than all of them without impairing Owner's rights against the

1.08 Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this 9th day of March 2022:

CONTRACTOR AS PRINCIPAL SURETY
Mariposa Tree Management, Inc. Hartford Fire Insurance Company Company: (Corp. Seal) Company: (Corp. Seal)
Many Smuth
Signature Ignature
Terry Worrega MARY SMITH
Name Name
President
Attorney-In-Fact
Title Ticle
6232 Santos Diaz Street One Pointe Drive, 6th Floor
Street Address Street Address
Irwindale, CA 91702 Brea, CA 92821
City, State, Zip Code City, State, Zip Code
Addendum No. 5 1-27-2022
CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT 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 documer State of California
County of Los Angeles
March 9, 2022 before me, Emily Preciado, Notary Public
On
Date Here Insert Name and Title of the Officer
personally appeared Mary Smith
Name(g) of Signer(s)
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 in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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
EMILY PRECIADO of the State of Califomia that the foregoing paragraph is true and correct.

COMMISSION #2328011
Notary Public - California HMD1c WITNESS my hand and official seal.

LOS ANGELES COUNTY
My Commission Expires
MAY 11. 2024
Signature
gnature 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): ['l Corporate Officer - Title(s):
• Partner - • Limited • General • Partner - I Limited [ General • Individual [ Attorney in Fact C individual I Attorney in Fact 7 Trustee 0] Guardian or Conservator [ Trustee I Guardian or Conservator • Other: C 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 Plaz
Hartford, Connecticut 0615.

[email protected]
call: 888-266-3488 or fax: 860-757-5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: BOLTON & COMPANY 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 L. Brockmeyer, Barbara Doerning, Emily Preciado, Mary Smith, Ronald C.

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
Shelby Wiggins Gauld Rature
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 swor, 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
Jessica Cicconc
My Commission HH 122280
Expires June 20, 2025
copy of the Power of Attorney executed by said Companies, which is still in full force effective as of March 9, 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct Signed and sealed in Lake Mary, Florida.
1979
Resth Potte
Keith D. Dozois, Assistant Vice President

ACKNOWLEDGMENT
A notary public or other officer completing this
State of California Los Angeles
County of
3-10-2022 before me, Brandon James Williamson, Notary Public On
(insert name and title of the officer)
personally appeared Terry Noriega
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 in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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.

WITNESS my hand and official seal. BRANDON JAMES WILLIAMSON Notary Public • California
Los Angeles County
Commission # 2354892
My Comm. Expires Apr 19, 2025
Signature (Seal)

San Marino City CouncilFebruary 28, 2025

San Marino City Council
February 28, 2025