Marina Landscape Inc (2008) Parks and Trails Z I
,
CITY OF RANCHO PALOS VERDES
CONTRACT FOR:
LANDSCAPE MAINTENANCE FOR PARKS AND TRAILS
THIS AGREEMENT is made and entered this Tuesday of April 29, 2008, by and between the CITY OF
RANCHO PALOS VERDES,hereinafter referred to as"City"and Marina Landscape Inc.,hereinafter referred
to as "Contractor."
WITNESSETH:
WHEREAS,Contractor and Contractor's Surety are providing the bonds attached hereto and incorporated by
this reference, and
WHEREAS,City desires to contract with Contractor to perform the services detailed in this contract,including
the Proposal, and
WHEREAS,Contractor has represented that it is fully qualified to assume and discharge such responsibility;
NOW, THEREFORE,the parties hereto do agree as follows:
1. Scope of Services. City hereby employs Contractor to perform the work and provide the services and
materials for the project identified as: LANDSCAPE MAINTENANCE FOR PARKS AND
TRAILS,as described in these Plans and Specifications,attached hereto and incorporated herein by
this reference, including miscellaneous appurtenant work. Such work shall be performed in a good
and workmanlike manner,under the terms as stated herein and in these Plans and Specifications,and
in accordance with the latest edition of the Joint Cooperative Committee,Southern California Chapters
of the American Public Works Association and the Associated General Contractors of America,
document entitled"Standard Specifications." In the event of any conflict between the terms of this
agreement and any of the above-referenced documents, the terms of this agreement shall be
controlling.
2. Compensation. In consideration of the services rendered hereunder, Contractor shall be paid
according to the prices as submitted on the Bid Sheet of the Proposal,attached hereto as a part of these
Plans and Specifications and in accordance with the Special Provisions.
3. Independent Contractor. It is specifically understood and agreed by all parties hereto that Contractor
is, for the purposes of this Agreement,an independent contractor and not an employee of the City.
Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever.
Contractor shall not incur or have the power to incur any debt,obligation or liability whatever for or
against City.
4. Assignment. This agreement may not be assigned by Contractor,in whole or in part,without the prior
written consent of City.
5. Termination. This Agreement may be canceled by City at any time without penalty upon thirty-(30)
days'written notice. In the event of termination without fault of Contractor,City shall pay Contractor
for all services rendered prior to date of termination,and such payment shall be in full satisfaction of
all services rendered hereunder.
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6. Workers'Compensation Insurance. California Labor Code Sections 1860 and 3 700 provide that every
contractor will be required to secure the payment of compensation to its employees. In accordance
with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3 700 of the Labor
Code which require every employer to be insured against
liability for workers' compensation or to under take 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."
7. General Rate of Per Diem Wages. Pursuant to the Labor Code of the State of California,the Director
of Industrial Relations has determined the general prevailing rate of wages and employer payments for
health and welfare,vacation,pension and similar purposes applicable to the work to be done. This
rate and scale are on file with the Director of Public Works and copies will be made available to any
interested party on request. The Contractor to whom the contract is awarded,and the subcontractors
under him must pay not less than these rates for this area to all workers employed in the execution of
this contract.
This contract is subject to the provision of Article 1.5 (commencing at Section 20104)of Division 2,
Part 3 of the California Public Contract Code regarding the resolution of public works claims of less
than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting
documentation by the contractor,for the response to such claims by the contracting public agency,for
a mandatory meet and confer conference upon the request of the contractor, for mandatory non-
binding mediation in the event of litigation is commenced,and for mandatory judicial arbitration upon
the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions
of Article 1.5 as though fully set forth herein.
8. Suit;Recovery of Attorney Fees&Costs. Should either party bring any action to protect or enforce its
rights hereunder,the prevailing party in such action shall be entitled to recover,in addition to all other
relief, its reasonable attorneys fees and court costs.
IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above
written.
CITY OF ' IP• PA • it PES
v
ti) 3 A
By:
Mayor
ATTEST.
/ , /, -
By:
City Clerk
CONS it' C SR:
By: , -
IZO kVA' g. Coen - -)-.08
Printed Name Date
C-2C1/4...._
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On �1 a�ZI
before me, Kristen Ness , Notary Public
(Here insert name and title of the officer)
personally appeared Robert B . Cowan
who proved to me on the basis of satisfactory evidence to be the persorlICA whose name(1) is/4trAc subscribed to
the within instrument and acknowledged to me that he/sfithatcv executed the same in histxrdttgix authorized
capacity-TAX), and that by his/Ixex/Egir signature(x)on the instrument the persons , or the entity upon behalf of
which the person(ki acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph
is true and correct. ,��# KRISTEN NESS
COMM.# 1689770 N
T4 NOTARY PUBLIC-CALIFORNIA
—
N`: r'1 i
. ' y r//��``ORANGpE COUNTY 2010"a
• �.r17t1 i{!1 M CV111�.EXP.AUG.26,
WITNE S y h. a d and o,ficial seal.
(Notary
- f e of Notary Public Seal)
��
•
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances,any alternative
acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the I
document carefully for proper notarial wording and attach this form if required
(Title or description of attached document continued)
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/ is/aye)or circling the correct forms.Failure to correctly indicate this
❑ Individual(s) information may lead to rejection of document recording.
❑ Corporate Officer - •
rp The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
itle sufficient area permits,otherwise complete a different acknowledgment form.
(T )
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact ❖ Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
❑ Other ❖ Indicate title or type of attached document,number of pages and date.
❖ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
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a
CITY OF RANCHO PALOS VERDES
INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS
THIS IS INSTRUCTION ONLY-IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE
AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO
PALOS VERDES -IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS.
1. By an Individual. The individual must sign the instrument,and if he/she is doing business under a
fictitious name,the fictitious name must be set forth. The signature must be acknowledged before a
Notary Public, using the proper form of acknowledgment.
2. By a Partnership. The name of the partnership must be set forth followed by the signatures of less
than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf
of the partnership. The signatures must be acknowledged before a Notary Public,using the proper
form of acknowledgment
3. By a Corporation. The name of the corporation must be set forth, followed by the signatures of the
President or Vice President and Secretary or Assistant Secretary. The signatures must be
acknowledged before a Notary Public, using in substance the following form of acknowledgment
4. By a Surety. The name of the surety must be set forth, followed by an authorized signature. The
signatures must be acknowledged before a Notary Public,using the proper form of acknowledgment
STATE OF )
) SS.
COUNTY OF )
On , 20 , before me,the undersigned, appearedknown to
me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the
corporation that executed the within instrument,and acknowledged to me that such corporation executed the
within instrument pursuant to its bylaws or a resolution of its City Council.
WITNESS my signature and seal.
Notary Public
(Seal)
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INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES
PUBLIC WORKS CONTRACT
The Contractor shall at all time during the term of this Agreement carry,maintain,and keep in full force and
effect,with an insurance company admitted to do business in California and approved by the City(1)a policy
or policies of broad-form comprehensive general liability insurance with minimum limits of$5,000,000.00
combined single limit coverage against any injury,death,lose,or damage as a result of wrongful or negligent
acts by the Contractor,its officers,employees,agents,and independent contractors in performance of services
under this Agreement;(2)property damage insurance with a minimum limit of$1,000,000.00;(3)automotive
liability insurance with a minimum combined single limits coverage of$5,000,000.00; and (4) workers'
compensation insurance with a minimum limit of$1,000,000.00 or the amount required by law,whichever is
greater. The City,its officers,employees,attorneys,and volunteers shall be named as additional insureds on
the policy(ies)as to comprehensive general liability,property damage,and workers'compensation coverages.
1. Acceptable insurance coverage shall be placed with carriers admitted to write insurance in
California,or carriers with a rating of, or equivalent to, A:VII by A.M. Best& Company.
Any deviation from this rule shall require specific approval, in writing, from the City.
2. All insurance policies shall provide that the insurance coverage shall not be non-renewed,
canceled,reduced,or otherwise modified(except through addition of additional insured to the
policy)by the insurance carrier without the insurance carrier giving the City thirty(30)days
prior written notice thereof. The Contractor agrees that it will not cancel,reduce or otherwise
modify said insurance coverage.
3. The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,
and such insurance is available at a reasonable cost, the City may take out the necessary
insurance and pay the premium thereon, and the repayment thereof shall be deemed an
obligation of the Contractor and the cost of such insurance may be deducted,at the option of
the City, from payments due the Contractor.
4. The Contractor shall submit to the City(1)insurance certificates indicating compliance with
the minimum workers'compensation insurance requirements above,and(2)insurance policy
endorsements above,not less than one(1)day prior to beginning of performance under this
Agreement. Endorsements must be executed on the City's appropriate standard forms entitled
"Additional Insured Endorsement," copies of which are attached hereto.
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SU 502 4982
Bond No.
P A ANT BOND Premium: Included
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"), has awarded to
Marina Landscape, Inc.
1900 S. Lewiz Street
Anaheim, CA 92805
(Name and address of Contractor)
("Principal"), a contract(the"Contract")for the work described as follows:
LANDSCAPE MAINTENANCE FOR PARKS AND TRAILS
WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the
payment of claims of laborers, mechanics, material men, and other persons as provided by law.
NOW, THEREFORE, we, the undersigned Principal,and Arch Insurance Company
135 N. Los Robles Avenue No. 825
Pasadena, CA 91101
(Name and address of Surety)
("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and
firmly bound unto the Public Agency in the penal sum of One hundred eighty—six thousand
seven hundred twenty and no/100
Dollars ($ 186,790.00 ),this amount being not less than the total contract price, in
lawful money of the United States of America, for the payment of which sum well and truly the made,we
bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by
these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its
heirs,executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the persons
named in Section 3181 of the CaliforniaCivil Code,or any amounts due under the Unemploymentlnsurance
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 Employment Development Department from the wages of employees of the
Principal and subcontractors pursuant to Section 13020 of the Unemploymentlnsurance Code,with respect to
work or labor performed under the Contract,the Surety will pay for the same in an amount not exceeding the
penal sum specified in this bond; ctherwise,this obligation shall become null and void.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code
so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is
brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount
fixed by the court.
• Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to beP erformed thereunder,or
the specifications for the same,shall in any way affect its obligations under this bond,and it does hereby waive
notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract
or to the work or to the specifications hereunder. Surety hereby waives the provisions of California Civil Code
2845 and 2849.
C-5
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth
below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative(s)pursuant to authority of its governing body.
Dated: May 271 2008
"Principal" "Surety"
Landscape, Inc. Arc surance Company
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,tycx:>40,3 , Czotp
By: Linda D. Coats
Y
Its Its Attorney in Fact
By: By:
Its Its
(Seal) (Seal)
APPROVED AS TO SURETY AND APPROVED AS TO FORM:
PRINCIPAL AMOUNT
RICHARDS, WATSON&GERSHON
A Professional Corporation
By: By:
Insurance Administrator Public Agency Attorney
Note: This bond must be executed in duplicate ad dated,all signatures must be notarized,and evidence of the authority of any person
signing as attorneyin-fact must be attached.
C-6
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On IUD before me, Kristen Ness , Notary Public
I (Here insert name and title of the officer)
personally appeared Robert B . Cowan
who proved to me on the basis of satisfactory evidence to be the person whose name( is/Rric subscribed to
the within instrument and acknowledged to me that he/shatkoy executed the same in his/WI-110x his/WI-110xauthorized
capacity iZ , and that by his/lAttbsir signature()on the instrument the personi, or the entity upon behalf of
which the personj�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.
—w .�, COMM.# 1689770 mwI I S h. 'd and official seal. , ' E`' NOTARY PUBLIC-CALIFORNIA Ul
gr4ii
ORANGE COUNTYCOMSN.ExP.AuG.26,2410MY .1
1
(Notary Seal)
tune of Notary Public
.
I II
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances,any alternative
acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in
California (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required
(Title or description of attached document continued)
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
I • Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
❑ Individual(s) he/she/ is/ace)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
i ❑
Corporate Officer •
rp The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
I (T )itle sufficient area permits,otherwise complete a different acknowledgment form.
I I
❑
• Signature of the notary public must match the signature on file with the office of Partner(s) •
the county clerk.
❑ Attorney-in-Fact Y ❖ Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
Indicate title or type of attached document,number of pages and date.
El Other + Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
1. _. _-- ----A--- i---I--i_`-- -- - ria---- --- ----\zr�i---_ --moi\ ��_ - Igr- _ 4, A--- ���-mil -
CALIFORNIA ALL-PURPOSE
4
CERTIFICATE OF ACKNOWLEDGMENT
State of California •
County of Orange
On 7 2008 before me Christine M. No Public
MAY 2Rapp,
(Here insert name and title of the officer)
personally appeared Linda D. Coats, Attorney in Fact
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/H subscribed to
the within instrument and acknowledged to me that-he/she/they executed the same in cher/ authorized
capacity(ies), and that byher 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.
oti, Pry CHRISTINE M,RAPP
WITNESS my hand and o cial seal. �1A COMM.#1494518 7
# t"It ��L T NOTARY PUBLIC•CALIFORNIA
(41").(2t4:0.i
(,t ORANGE COUNTY hj
• aura My Comm.Expires JULY 9, 2008
(Notary Seal)
Signature of N tary Publi
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California In such instances,any alternative
Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
( verbiage does not require the notary to do something that is illegal for a notary in
California(i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued)
document carefully for proper notarial wording and attach this form if required
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s)who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
El Individual(S) helshehl ;is lase)or circling the correct forms.Failure to correctly indicate this
information may lead to rejection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact ❖ Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document.
O Other •
❖ Indicate title or type of attached document,number of pages and date.
•: Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
i_ -rwrr- -�-��`i i�rnruJ-ter i ._r-i_ _ i•i- � �i._r'.rii� i ,u�-. I i -•i��vu�-_ --t_•i�-r- •-ice \i_ �. �� _�_ -
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2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
•
, .
POWER OFATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint
Linda D. Coats and Douglas A. Rapp of Laguna Niguel, CA(EACH)
•
its true and lawful Attomey(s)-!n-Fact, to make, execute, seal, and deliver from the date of issuance of this power for-and
on Its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond
onty
within the dollar limit of authority as set forth herein.
•
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said
Company as fullyand amply to all intents and purposes, as if the same had:been duly executed and acknowledged by its
P Y s
regularly elected officers at its principal office in Kansas City, Missouri. . • •
e9 Y •
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED,That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and .
undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company.on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors'on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which ft is attached,shall continue to be valid and binding upon the Company.
0OML0013 00 03 03 .,�
• Page 1 of 2 Printed in U.S.Q.
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers,this 11th day of July , 2003
Arch Insurance Company
Attested and Certified
Stance�'
0,3
CORPORATE 'O '
a SEAL
10‘rAl.
wooti 1-(107104' "e‘.04/'
Joseph S. -4r I, Corporate Secretary - Thomas P.Luckstone,Vice President '
STATE-OF CONNECTICUT SS
•
COUNTY OF FAIRFIELD SS
I Melissa B. Gilligan, a Notary Public,do hereby certify that Thomas P.Ludcstone and Joseph S.Label)personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly
authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
• OFFICIAL SEAL is
• MEUSSA 8. ,Notary Public f= / .r.�/ _ _ .I 4
.Stye of Melissa B.Gilligan,Notary Public
My Commission 28,2005 My commission expires 2-28-05
• CERTIFICATION
I, Joseph S. Label!, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated July 11.2003 on behalf of the person(s)as listed above Is a true and correct copy and that
the same has been in full force and effect since the date thereof and Is in full force and effect on the date of this certificate;
and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on•
the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. •
IN TESTIMONY WHEREOF, I have u to r;•ed my name and affixed the corporate seal of the Arch Insurance
Company on this day of ,20i r.
Ve
,4111
Joseph S ice:ell,Corporate Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company.except in the manner and to the extent herein stated.
44coarosai0
m
tm
��soml
Home Office:Kansas City, MO
00ML0013 00 03 03
Page 2 of 2 Printed In U.S.A.
• Bond No. SU 502 4982
PERFORMANCE BOND Premium: $1 ,867.00
Annual Premium
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Rancho Palos Vercbs("Public Agency"), has awarded to
Marina Landscape, Inc.
1900 S. Lewis Street
Anaheim, CA 92805
(Name and address of Contractor)
("Principal"),a contract(the"Contract")for the work described as follows:
LANDSCAPE MAINTENANCE FOR PARKS AND TRAILS
WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful
performance of the Contract.
NOW,THEREFORE, we, the undersigned Principal, and Arch Insurance Company
135 N. Los Robles Avenue No. 825
Pasadena, CA 91101
(Name and address of Surety)
("Surety")a duly admitted surety insurer under the laws of the State of California,as Surety,are held and
firmly bound unto the Public Agency in the penal sum o One hundred eighty—six thousand
seven hundred twenty and no/100
Dollars($ 186,720.00 ),this amount being not less than the total
contract price,in lawful money of the United States of America,for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators,successors, and assigns,jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its
heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and
truly keep and perform all the undertakings,terms,covenants,conditions and agreements in the Contract and
any alteration thereofmade as therein provided,on the Principal's part to be kept and performed,all within the
time and in the manner therein specified,and in all respects according to their true intent and meaning, and
shall indemnify and hold harmless the Public Agency,its officers,agents,and others as therein provided,then
this obligation shall become null and void;otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this bond,Surety further agrees to pay all court costs and reasonable attorneys'fees
in an amount fixed by the court.
FURTHER, the Surety,for value received,hereby stipulates and agrees that no change,extension of time,
alteration,addition or modification to the terms of the Contract,or of the work to be performed thereunder,or
the specif cationsfor the same,shall in any way affect its obligations under this bond,and it does hereby waive
notice of any such change,extension of time,alteration,addition,or modification to the terms of the Contract
or to the work or to the specificationsthereunder. Surety hereby waives the provisions of California Civil Code
2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.
C-7
•
-'I
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all
purposes be deemed an original hereof,have been duly executed by Principal and Surety,on the date set forth
below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned
representative(s)pursuant to authority of its governing body.
Dated: May 27, 2008
"Principal" "Surety"
Landsca•- Inc. Arc surance Company
-0•Of\o, ‘ t Crat
By:
By: Linda D. Coats
Its Its Attorney in Fact
By: By:
Its Its
(Seal) (Seal)
APPROVED AS TO SURETY AND APPROVED AS TO FORM:
PRINCIPAL AMOUNT
RICHARDS,WATSON&GERSHON
• A Professional Corporation
By: By:
Insurance Administrator Public Agency Attorney
Note: This bond must be executed in duplicate and dated,all signatures must be notarizednd evidence of the authority of any person
signing as attorneyin-fact must be attached.
C-8
i II • •
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of Orange
On wa,t,2 enX
before me, Kristen Ness , Notary Public
Here insert name and title of the officer
personally appeared Robert B . Cowan
who proved to me on the basis of satisfactory evidence to be the person whose name(§) is/FT subscribed to
the within instrument and acknowledged to me that heisivelta, executed the same in histiVtinkix authorized
ca aci i and that byhis signature(x)ature on the instrument the erson , or the entityupon behalf of
p tY� �� � ���' � �� p �� p
which the person6¢i 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.
� � . KRISTEN NESS <
- `� -j� COMM.# 1689170 in
WITNES• m, hand and official seal. N , NOTARY PUBLIC-CALIFORNIA -
c-�,1 ORANGE COUNTY
eAt
� ;.y MY Court.EXP.AuG.26.2010-E
%1_4(
�� o Seal)
e of Notary Public
Y
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances,any alternative
acknowledgment verbiage as may be printed on such a document so long as the
(Title or description of attached document) verbiage does not require the notary to do something that is illegal for a notary in
California(i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued)
document carefully for proper notarial wording and attach this form if required
• State and County information must be the State and County where the document
Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) nall a ed which
personally PPS
must also be the same date the acknowledgment is completed.
I (Additional information) • The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
he/she/they-is lace)or circling the correct forms.Failure to correctly indicate this
❑ Individual(s) information may lead to rejection of document recording.
❑ Corporate Officer •
rp The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
11 (Title) sufficient area permits,otherwise complete a different acknowledgment form.
II ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact ❖ Additional information is not required but could help to ensure this
❑ Trustee(s) acknowledgment is not misused or attached to a different document. (I
j ❑ Other ❖ Indicate title or type of attached document,number of pages and date.
❖ Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
T
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com
• .w
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
I
County of Orange
!
On MAY 2 7 2000 before me, Christine M. Rapp, Notary Public
(Here insert name and title of the officer)
personally appeared Linda D. Coats, Attorney in Fact ,
•
1 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/#hey executed the same in 4i/her/teii authorized
capacity(ies), and that byher1 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. !'
/- ...: '''s C.;:.-iRiS 11NE M.f Ar P �i
�'' �`� i'-'..\'%r, COMM.# 1494518 70
WITNESS my hand and official seal. �� l - ..T ►,
i--.0.- '- NOTARY PUBLIC•CALIFORNIA rr
ce _ ORANGE COUNTY Cl) ;
-
gt�o \ My Comm.Expires JULY 9, 2008
i 31/14.)"a fl'Pt:a• I (Notary Seal)
Sign of Notary bl' j'
, ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California must contain verbiage exactly as i
DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be i.
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California.In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
I'
verbiage does not require the notary to do something that is illegal for a notary in
California certifyingthe authorizedofthe signer). Please check the
(i.e. capacity ;
(Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required
'
Number of Pages Document Date • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
must also be the same date the acknowledgment is completed.
(Additional information) • The notary public must print his or her name as it appears within his or her
i
commission followed by a comma and then your title(notary public).
• Print the name(s)of document signer(s) who personally appear at the time of :
notarization.
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e.
r;
he►/she1 -is lace)or circling the correct forms.Failure to correctly indicate this
El Individual(s) information may lead to rejection of document recording.
': ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines.If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
,
El Partner(s) • Signature of the notary public must match the signature on file with the office of
the county clerk.
❑ Attorney-in-Fact ❖ Additional information is not required but could help to ensure this
El Trustee(s) acknowledgment is not misused or attached to a different document. j
El Other • ❖ Indicate title or type of attached document,number of pages and date.
❖ Indicate the capacity claimed by the signer.If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
• Securely attach this document to the signed document
,_ -.. -s- _-r L -A/- , f_ ,,r, _1k _I t_x - -ri-_mow-,i.I 1 -111 Aril-!-t - '_, - X'I- _1 I. -A - .*-_II--_II -1-lV-i _1r__r._i-11 It ._ --r 1.-w- _ I
2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com '?
,
POWER OFATTORNEY
Know All Men By These Presents:
That the Arch Insurance Company,a corporation organized and existing under the laws of the State of Missouri, having its
principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint
Linda D.Coats and Douglas A. Rapp of Laguna Niguel, CA(EACH)
its true and lawful Attomey(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for.and
on its behalf as surety,and as its act and deed:
Any and all bonds and undertakings
EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the
payment or collection of any promissory note,check,draft or letter of credit.
This authority.ty does not permit the same obligation to be split into two or more bonds in order to bring each such bond
within the dollar limit of authority as set forth herein.
•
The Company may revoke this appointment at any time.
The execution of such bonds and undertakings in pursuance of these presents shall be as.binding upon the said
Company as fullyand amplyto all intents and purposes, as if the same hast:been duly,executed and acknowledged by its
P Y .
regularly elected officers at its principal office in Kansas City,Missouri. .�`
eg Y
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of
the Company on March 3,2003,true and accurate copies of which are hereinafter set forth and are hereby certified to by
the undersigned Secretary as being in full force and effect:
"VOTED.That the Chairman of the Board,the President, or any Vice President, or their appointees designated in writing
and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attome
and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and .
undertakings, recognizant es, contracts of indemnity and other writings, obligatory in the nature thereof, and any such
officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution
adopted by the unanimous consent of the Board of Directors of the Company on March 3,2003:
VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees
designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and
certifications by the Secretary. may be affixed by facsimile on any power of attorney or bond executed pursuant to the
resolution adopted by the Board of Directors'on March 3, 2003, and any such power so executed, sealed and certified
with respect to any bond or undertaking to which It is attached,shall continue to be valid and binding upon the Company.
00ML0013 00 03 03
•Page 1 of 2 Printed In U.S.A.
•
In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their
authorized officers,this 11th day of July ,20 3___
Arch Insurance Company
Attested and Certified
e°ane C
o�
aoIroI►T( 'o
u SEAL
•
AB*ZAP Mlssati .
/-/A,74(4' 149- eelo/7
Joseph S. - - !, Corporate Secretary - Thomas P.Luckstone,Vice President
•
STATE OF CONNECTICUT SS
•
COUNTY OF FAIRFIELD SS
I Melissa B. Gilligan, a Notary Public,do hereby certify that Thomas P.Ludcstone and Joseph S.Labell personally known
to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch
Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly
authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said
corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
- OFFICIAL SEAL
MELISSA 8.GIWGAN,Notary Public
Commission Stye of /24?-141441Cla-62/14111-9Melissa B.Gilligan,Notary Public
My• 28'2005
My commission expires 2-28-05
• CERTIFICATION
I, Joseph S. Label!, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of
Attorney dated July 11.2003 on behalf of the person(s)as listed above is a true and correct copy and that
the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;
and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on-
the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. .
IN TESTIMONY WHEREOF, I have her unto . •ed my name and affixed the corporate seal of.the Arch Insurance
Company on this day of MAY 2 LU 1 i ,20 .
"de
Joseph S ell,Corporate Secretary
•
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein
and they have no authority to bind the Company except in the manner and to the extent herein stated.
•
"an"CI'
CORMILT
rnt
Ilh:eed
Home Office:Kansas City, MO
00ML0013 00 03 03
Page 2 of 2 Printed in U.S.Q.
r
.
Workers' Compensation
Certificate of Insurance
WHEREAS,the City of Rancho Palos Verdes has required certain insurance to be provided by:
NOW THEREFORE,the undersigned insurance company does hereby certify that it has issued the policy or
policies described below to the following named insureds and that the same are in force at this time:
1. This certificate is issued to:
City of Rancho Palos Verdes
City Hall
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
2. The insureds under such policy or policies are:
3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of
California covering all operations cf the named insureds as follows:
Policy Number Effective Date Expiration Date
4. Said policy or policies shall not be canceled,nor shall there be any reduction in coverage or limits of
liability,unless and until thirty days'written notice thereof has been served upon the City Clerk of the
City of Rancho Palos Verdes
By:
Its Authorized Representative
C-9 Ct__
AGREEMENT TO COMPLY WITH
CALIFORNIA LABOR LAW REQUIREMENTS
[Labor Code 1720, 1773.8, 1775, 1776, 1777.5, 1813, 1860, 1861, 3700]
The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following
provisions of California law:
1. Contractoracknowledgesthat this contract is subject to the provisions of Division 2,Part 7,Chapter 1
(commencing with Section 1720) of the California Labor Code relating to public works and the
awarding public agency("Agency")and agrees to be bound by all the provisions thereof as though set
forth in full herein.
2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which
requires the payment of travel and subsistence payments to each worker needed to execute the work to
the extent required by law.
3. Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775
concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay
prevailing wages. The Contractor shall,as a penalty to the Agency,forfeit not more than fifty dollars
($50)for each calendar day,or portion thereof,for each worker paid less than the prevailing rates as
determined by the Director of Industrial Relations for the work or craft in which the worker is
employed for any public work done under the contract by Contractor oby any subcontractor.
4. Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require
Contractor and each subcontractor to (1) keep accurate payroll records, (2)certify and make such
payroll records available for inspection as provided by Section 1776,and(3)inform the Agency of the
location of the records.The Contractor is responsible for compliance with Section 1776 by itself and
all of its subcontractors.
5. Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning
the employment of apprentices on public works projects, and further agrees that Contractor is
responsible for compliance with Section 1777.5 by itself and all ofts subcontractors.
6. Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning
penalties for workers who work excess hours. The Contractor shall,as a penalty to the Agency,forfeit
twenty-five dollars($25)for each worker employed in the execution of the contract by the Contractor
or by any subcontractor for each calendar day during which such worker is required or permitted to
work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of
the provisions of Division 2, Part 7, Chapter 1,Article 3 of the California Labor Code.
7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure
the payment of compensation to its employees. In accordance with the provisions of California Labor
Code Section 1861, Contractor hereby certifies as follows:
"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 provisio s f hat code,and I will comply with
such provisions before commencing the perfor nce Qf the work of this contract."
Date ��1 /06 Signature
C- 10 C�
A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
AND WAIVER OF SUBROGATION AND CONTRIBUTION
Contract/Agreement/License/Permit No. or description: Ulnas art v flft5yltL()
-6r pc&Ys 1.
Indemnitor(s)(list all names): 1&v\(h A. tcunaicave,Zn G
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend,
protect, indemnify,and hold harmless the City of Rancho Palos Verdes and its elected officials,officers,
attorneys,agents,employees,volunteers,successors,and assigns(collectively"Indemnitees")from and against
any and all damages,costs,expenses, liabilities,claims,demands,causes of action,proceedings,expenses,
judgments,penalties,liens,and losses of any nature whatsoever,including fees of accountants,attorneys,or
other professionals and all costs associated therewith(collectively"Liabilities"), arising or claimed to arise,
directly or indirectly,out of, in connection with,resulting from,or related to any act, failure to act, error, or
omission of Indemnitor or any of its officers, agents, servants, employees,subcontractors,material men,
suppliers or their officers,agents,servants or employees,arising or claimed to arise,directly or indirectly,out
of,in connection with,resulting from,or related to the above-referenced contract,agreement,license,or permit
(the "Agreement")or the performance or failure to perform any term,provision,covenant,or condition of the
Agreement,including this indemnity provision. This indemnity provision is effective regardless of any prior,
concurrent,or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify
Indemnitees against any such negligence. This indemnity provision shall survive the termination of the
Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity
provision,and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right
to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs
incurred in enforcing this indemnification provision. Notwithstanding the foregoing,nothing in this instrument
shall be construed to encompass(a)Indemnitees' soliegligence or willful misconduct to the limited extent
that the underlying Agreement is subject to Civil Code 2782(a)or(b)the contracting public agency's active
negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This
indemnity is effective without reference to the existence or applicability of any insurance coverages which may
have been required under the Agreement or any additional insured endorsements which may extend to
Indemnitees.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of
subrogation and contribution against the Indemnitees,while acting within the scope of their duties, from all
claims,losses and liabilities arising out of or incident to activities or operations performed by or on behalf of
the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the
Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all
obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
"Indemnitor"
Name R. wViDkilitik Name
By: By:
rts voalscievv--- Its
C- 11
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.
ADDITIONAL INSURED ENDORSEMENT
COMPREHENSIVE GENERAL LIABILITY
Name and address of named insured("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s),permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy towhich this endorsement is attached(the
"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"), its elected officials, officers, attorneys,agents,eiployees,and volunteers are additional
insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the
Policy in relation to those activities described generally above with regard to operations performed burr on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3. Each insurance coverageunder the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered as third-
party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under
the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written
agreement(s)or permit(s)designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change in
coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereof. In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds,while acting within the scopeof their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
C- 12 t&.__
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
Contractual Liability Explosion Hazard
Owners/Landlords/Tenants Collapse Hazard
Manufacturers/Contractors Underground Property Damage
Products/Completed Operations Pollution Liability
Broad Form Property Damage Liquor Liability
Extended Bodily Injury
Broad Form Comprehensive
General Liability Endorsement
12. A o deductible or o self-insured retention(check one)of$
applies to all coverage(s)except:
(if none, so state). The deductible is applicable a per claim or o per occurrence(check one).
13. This is an o occurrence or o claims made policy(check one).
14. This endorsement is effective on at 12:01 a.m.and forms a part of
Policy Number
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
C- 13
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ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Name and address of named insured("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s),permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy tavhich this endorsement is attached(the
"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"), its elected officials, officers, attorneys, agents, employeegnd volunteers are additional
insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the
Policy in relation to those activities described generally above with regard to operations performed by or on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought except with respect1 the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered as third-
party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under
the indemnification and/or hold harmless provision(s)contained or executed in conjunction with the written
agreement(s)or permit(s)designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change in
coverage, reduction of limits(except as the result of the payment of claims), or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereto. In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scopeof their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
C - 14
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8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California90275
10. Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
Any Automobiles Truckers Coverage
All Owned Automobiles Motor Carrier Act
Non-owned Automobiles Bus Regulatory Reform Act
Hired Automobiles Public Livery Coverage
Scheduled Automobiles
Garage Coverage
12. A o deductible or o self-insured retention(check one)of$
applies to all coverage(s)except: (if none,so state). The deductible is applicable G per claim or G per
occurrence(check one).
13. This is an❑ occurrence or o claims made policy(check one).
14. This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number
I (print name), hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
C- 15
ADDITIONAL INSURED ENDORSEMENT
EXCESS LIABILITY
Name and address of named insured("Named Insured'):
Name and address of Insurance Company("Company'):
General description of agreement(s),permit(s), license(s), and/oractivity(ies) insured:
Notwithstanding any inconsistent statement in the policy tcwhich this endorsement is attached(the
"Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The
("Public Agency"), its elected cfficials, officers, attorneys, agents, employeesand volunteers are additional
insureds(the above named additional insureds are hereafter referred to as the"Additional Insureds")under the
Policy in relation to those activities described generally aboveNith regard to operations performed by or on
behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or
assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary
insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with
the insurance coverages provided by the Policy.
3. Each insurance coverageunder the Policy shall apply separately to each Additional Insured
against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one
insured under the policy against another insured under the policy. All such claims shall be covered as third-
party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing
contained in this provision shall operate to increase or replicate the Company's limits of liability as provided
under the policy.
5. The insurance afforded by the Policy for contractual liability insurance(subject to the terms,
conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under
the indemnification and/or hold harmless provision(s)contained in or executed in conjunction with the written
agreement(s)or permit(s)designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,change in
coverage, reduction of limits (except as the result of the payment of claims),or non-renewal except after
written notice to Public Agency,by certified mail,return receipt requested,not less than thirty(30)days prior
to the effective date thereto. In the event of Company's failure to comply with this notice provision,the policy
as initially drafted will continue in full force and effect until compliance with this notice requireant.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scopeof their duties,from all claims,losses and liabilities arising out of or
incident to the perils insured against in relation to those activities described generally above with regard to
operations performed by or on behalf of the Named Insured regardless of any prior,concurrent,or subsequent
active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
C- 16
4 i o'
f •�
y
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
City Manager
City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
10. Except as stated above and not in conflict with this endorsement,nothing contained herein
shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this
endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY
Following Form
Umbrella Liability
11. Applicable underlying coverages:
INSURANCE COMPANY POLICY NO. AMOUNT
12. The following inclusions,exclusions,extensions or specific provisions relate to the above
coverages:
13. A o deductible or o self-insured retention(check one)of$
applies to all coverage(s)except:
(if none, so state). The deductible is applicable o per claim or o per occurrence(check one).
14. This is an❑ occurrence or o claims made policy(check one).
15. This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number
I, (print name), hereby
declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the
Company to this endorsement and that by my execution hereof, I do so bind the Company.
Executed , 20
Signature of Authorized Representative
(Original signature only; no facsimile signature
Telephone No.: ( ) or initialed signature accepted)
C- 17
-AREA/
TRANSMITTAL
REutivEDE
DATE: 5/28/08 City of Rancho PatOStreAde4
TO: City of Rancho Palos Verdes SAY 2 9 2008
Attention: Larry D. Still
30940 Hawthorne Blvd .,,.w,,
Rancho Palos Verdes, CA 90275-5391 PUBLIC WORKS DEPA
REGARDING: Landscape Maintenance Parks and Trails
Enclosed are the following:
COPIES DATE DESCRIPTION
2 4/29/08 Contracts
FOR YOUR USE ❑ APPROVED AS SUBMITTED
❑ FOR YOUR APPROVAL ❑ APPROVED AS NOTED
LI AS REQUESTED LI RETURNED FOR CORRECTIONS
❑ FOR YOUR REVIEW ❑ FOR BIDS DUE
AND COMMENT
Submitted herewith are two (2) original Contracts for the above-mentioned project. Please fully
execute both copies, and return one (1) original copy to our office as soon as possible.
Th.nk you,
' ri ten Ness
Contract Administrator
Enclosures
MARINA LANDSCAPE, INC.
1900 S.Lewis Street •Anaheim, CA 92805 p 714.939.6600 f 714.935.1199 w marinaco.com • License#492862,A,B,C27,C36
V1-1
-AREA/
TRANSMITTAL
DATE: 6/2/08
TO: City of Rancho Palos Verdes
Attention: Larry D. Still
30940 Hawthorne Blvd
Rancho Palos Verdes, CA 90275-5391
REGARDING: Landscape Maintenance Parks and Trails
Enclosed are the following:
COPIES DATE DESCRIPTION
2 5/27/08 Payment and Performance Bonds
FOR YOUR USE ❑ APPROVED AS SUBMITTED
❑ FOR YOUR APPROVAL ❑ APPROVED AS NOTED
❑ AS REQUESTED ❑ RETURNED FOR CORRECTIONS
El FOR YOUR REVIEW ❑ FOR BIDS DUE
AND COMMENT
Submitted herewith are two (2) original sets of Payment and Performance Bonds for the above
mentioned project.
Think you,
flP. \, •. - RECEIVED
Ness e of Rancho Palos Verdi
Contract Administrator
JUN 0 3 2UU ,.
Enclosures
PUBLIC WORKS DEPARTMENT
MARINA LANDSCAPE, INC.
1900 S.Lewis Street • Anaheim,CA 92805 p 714.939.6600 f 714.935.1199 w marinaco.com • License#492862,A,B,C27,C36