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Nationwide Envrionmental Services Division of Joe's Sweeping Inc (2009) CITY OF RANCHO PALOS VERDES CONTRACT FOR: STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12 THIS AGREEMENT is made and entered this Nineteenth day of May ,2009,by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as"City"and NATIONWIDE ENVIRONMENTAL SERVICES DIV. OF JOE'S SWEEPING, 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: STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12 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. 1 a. Term: The contract shall commence on July 1,2009 and shall continue in full force and effect through and including June 30,2012 unless earlier termination as provided in Section 5 herein. The contract may be extended to three(3)additional one year terms by mutual consent of both parties. 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. 1 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, the 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. 6. Workers' Compensation Insurance. 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,the 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 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. Dispute Resolution. 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 attorney fees and court costs. 9. Insurance Requirements. The Contractor shall at all times, during the term of this contract, carry, maintain and keep in full force and effect,a policy or policies of(1)general liability insurance with an insurance company admitted to write insurance in California,or carriers with a rating of,or equivalent to, A:VII by A. M. Best & Company to, and approved by, the Director of Public Works and City Attorney, within minimum limits of One Million Dollars ($1,000,000.00) combined single limit coverage with an aggregate of Two Million Dollars($2,000,000.00)against any injury,death,loss or damage as a result of wrongful or negligent acts or omissions by the Contractor, its officers, employees,agents,and independent contractors in performance of services under this Agreement;(2) automotive liability insurance with a minimum combined single limits coverage of One Million Dollars($1,000,000.00)with an aggregate of Two Million Dollars($2,000,000.00);and(3)worker's compensation insurance as required by law. The Contractor shall at all times during the term of this contract carry, maintain and keep in full force and effect a policy or policies of Workers' Compensation insurance and shall provide to the City evidence of such coverage in the form set forth herein. The City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy (ies) as to comprehensive general liability, property damage, and worker's compensation coverages. 1. 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)day's prior written notice thereof. The Contractor agrees that it will not cancel,reduce or otherwise modify said insurance coverage. 2 2. 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. 3. The Contractor shall submit to the City(1)insurance certificates indicating compliance with the minimum worker's 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. 4. Upon the request of the Director of Public Works,or his authorized representative,the Contractor shall provide written notice to the Director of Public Works indicating all litigation and claims (past, current, or anticipated) between the Contractor and any claimants that may affect the aggregate insurance coverage. 10. Licensed in accordance with the City of Rancho Palos Verdes: License No. 01 00003 Z 74 Date Issued: 21 IWog IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. CITY V7 i CHO ' • tto E�ES to ow"By: Mayor ATTEST: // I By: 44 City Clerk CONTRACTOR: By: ‘1Z,R.Al-1 ...jirkteZZe Never Samuelian May 29, 2009 Printed Name Date 3 1 T EXECUTED IN DUPLICATE PREMIUM: $1,393.00 ANNUALLY Bond No.41173881 BOND EFFECTIVE:JULY 1,2009 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"),has awarded to NATIONWIDE ENVIRONMENTAL SERVICES 11914 FRONT STREET, UNIT C, NORWALK,CA 90650 (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12 WHEREAS,Principal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers,mechanics,materialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and PLATTE RIVER INSURANCE COMPANY 350 SAN SOM E STREET, SUITE 1000, SAN FRANCISCO,CA 94104-1315 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of ONE HUNDRED THIRTY NINE THOUSAND THREE HUNDRED TWENTY AND 00/100************* Dollars($ 139,320.00**************** ),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, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the 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 Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance 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; otherwise,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 be performed 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 thereunder. Surety hereby waives the provisions of California Civil Code 2845 and 2849. �• r 410 • 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 26,2009 "Principal" "Surety" NATIONWIDE ENVIRONMENTAL SERVICES PLATTE RIVER INSURANCE COMPANY • By: By: ii Its N04rrnuelI'an/West don Its PAUL BOUCHER,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,al/signatures must be notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. • II 1 1 T T, I , 1 CALIFORNIA ALL-PUR SE ACKNOWLEDGMENT :,-,ckTaosA,,,o4v, -- ....ocA,..--__,e, ,.ok.,_--,.._..--,g-. - ..-,2--1?-7,2--,2 ±-4-,,,,,--,2 7.1,-. .4c.c,-- --<,k,- -).. ...eto c4c e#,:g A.; •-e‹.,-• - • STATE OF CALIFORNIA County of LOS ANGELES On MAY 26, 2009 before me, HEATHER WIN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PAUL BOUCHER Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(8 whose name(s) is/are subscribed to the within instrument and acknowledged to me that he executed the same in his/ ' authorized capacity( es), and that by his/ signature(e) on the instrument the person;(, or the entity upon behalf of which the person(e) .`,—,•< HEATHER WIN acted, executed the instrument. �. � �� Commission# 1675769 ,gip, Notary Public.California fI certify under PENALTY OF PERJURY under the laws of Los Angeles County - the State of California that the foregoing paragraph is true -- MY Comm.Expires Jun 17,2010 and correct. Witness my hand and off cial seal. A//0 SignatureLOL Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: NATIONWIDE PERFORMANCE &PAYMENT BOND 41173881 Document Date: MAY 26, 2009 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer Title(s): ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited❑General ❑ Partner ❑ Limited 0 General ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here 0 Guardian or Conservator Top of thumb here ❑ Other: 0 Other: Signer Is Representing: Signer Is Representing: a 2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 .:a...p•....-. „�.,;,:. ,n. .i"".e,"�.. rpw...,.:°+e'.rri`r:. :..r:�,•...`�`� .•w,w.�... �'�.e.ti. /..--'a•`-:"\••-..'�'...•v. :�r-"a'+:"�i fn.""°'.r":. .� """�. /..r.""'`,:.`a. �"w`,u� /.r"-^a'v�.. `..":rti r""r�'^'.� fr-Rr.:C�, �.�-`..��. -r_�•� .r-,::-::: /..--•-�` /..--r-...;,` ti\ W«w•ee •w w„e,w•� �+.a:�. ,;•.s M,.,.. ,•+,,m ,,.'..r ..-„►,.,. �«w,.`�J/.,,r a-.. me�'w... ...:a,^e^a:,.. ..,,,w'.`«..�-. ..�,:y,"`"..�/��;r w� ..,w'•`f..r�/..«"'s,..�, d,,,s w.... +,.,.� «:�.'�e- �//..a',s's�...'�. ..•«.:�:\� �-� �w'p`.�\\ ,+,c,:��.// w..: .m a•v6„ ,tr Oik-; '�m 1 va M,a>+1.a.,F ar M r 4+at ,►titi-'. m 1-iw> t �V r yp,r ,�.,r V r V� V V-'r 'r'•�/�- r' V-r V r V may. i �� -.� !• ♦ i a re~ ! !a-«.: .:r•' ..� ...r•p'es•+w�i..:"mm-RV m!w ar'O.e��;�m*e a..►..w..�'�..m 1 sw s AA`�w ♦ a ,.'e'Ia`'rt"' �r's�"v ..�.'arF"'�.,. 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Ts• ,� •�6 j.'.,•,"� e•��,.. � '�s•�,.:,'•�i 7� �Tt!�`1r•w•►,sr-�� •L', l.. f�•Z`�t f:U n'� f . �. �1 .K. .� .L'j>•Y'' �. �f 4 �:F ..ti• >�".'.s�'''f- Y..1 � `"��. `:�7l.�Lr�-►-,s sifF...,, .-.-,}1$ 1 I• #`:..i t O# ,.t •t# #t: •t it l t tt ## tt- . t� 000 it -- 1•t •i"i t" . t #:f :_ t: 4 t61S A. 9 3.r• 3 � .. ..: ww�tf f�i� .w ` i.w w� w,w w,.0 i Oeigit*Z,1" E,: _ ww:i. �:w„R� I w.v. r.•w .►I.. it'.', � r.w i k° a..,.a�tY-.' i.w.w ��„r�-w-r'��•�,1 ,if,.:4:14 41173883 +��.:r '�:����" PLATTE RIVER INSURANCE COMPANY ,�'~x :� ��#s•#♦rte r �..t't 5.,,,), �i"w•e_ POWER OF ATTORNEYtel _- . y►�i+set'E, `rr'w=-lei T-:. KNOW ALL MEN BY THESE PRESENTS That the PLATTE RIVER INSURANCE COMPANY a corporation of the State of Nebraska having its 37+::=,%1 g##;,•;•.,2-,. -, principal offices in the City of Middleton,Wisconsin,does make,constitute and appoint , ,:.......4,. �.31-s,+-�+-•.nom.• ----+-w.w:!%J f,�,10 r- _ - _ --__-___-_JANINA MONROE;LEONARD G FODEMSKI;PAUL BOUCHER;THOMAS MCCALL - ----- -�=zr r� = �1f1►:ice��� ����,jjf�y}j 1tb, s:.?,;,1:::- -4-7';1.4.14t. !,*".t SIt.E its true and lawful Attomey(s)-in-fact,to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed,any and all bonds, :'•. `, :;*--.P ''t.`~7 undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in '`• ,`;.EE cAtirrilikl r yrq,••"r.^- .•r..+.-.+*•k ✓ � ``sflf;tamount the sum of a' :;:0 0 OS:It , Vi_i!'`•sa+°k�\--- -- , --- ::yetiitil 1 -ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED:$2,500,000.00 � . itotOetrit. #e-• *11:h •.T..-•�. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board ~-z-�•z`" r-'-� +1►1a+iso 111041,,1'.1 of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January,2002. ,-'1.A.;::$� 'liti ,r. ,fF ►wee•�,�-+*d-' -wM'��A»i• 00,tet,:, ig".-Z a K !,.`r;:il'+fit' - •.,� RESOLVED that the President and Vice-President the Secretary or Treasurer acting individually or otherwise be and they hereby are granted the a =',,.,,;;a�";• >01-A-7-4-, power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings _1Z..+,,� lac;,(45-1:, obligatory in the nature thereof,one or more vice-presidents,assistant secretaries and attorney(s)-in-fact,each appointee to have the powers and duties : sig}:i;#.:iaro+°«ee°''0i` ,Fe.."r�+Y�ar�ff usual to such offices to the business of the Corporation;the signature of such officers and the seal of the Corporation may be affixed to such power of 114`':< 0:10;515,„ attorney or to any certificate relating thereto by facsimile and any such power of attorney or certificate bearing such facsimile signatures or facsimile ,.` ,*:- ! ! a fes_.. f*♦s E� ..,,.,,.;� seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature --�.;-_-,.0E qtAitt*:4;$;• �- thereof to which it is attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time." '`""'`\' \,!,,filit-k -14-.1,-:,:.41Y ��;�r IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its '. ; ,a €0,...:::$44 ►".-0corporate seal to be hereto affixed duly attested,this 1st day of January,2007. '��`t °+�r� 14 00:4. ` Attest: PLATTE RIVER INSURANCE COMPANY ▪�+�1�`�+ �e10/11 ►°rtz-.. \\\\\\\\ \NSiljt /////�j 444`3 4. VA:ar, ;;;." � P ORPORgT co,-,�� a --; •:e, t:'it•sr-e-«+ 4"-- ,tom G F '1� (9.• /�' .�i��/ fF��y/,+yam- _4, - �S It= '"�.�`'. 't�1! ,le itt David F.Pauly = = a litteg�ww.„,.. = SEAL =,!x«� _ James J.McIntyre rf'=•;~� Chairman&CEO -- 4 ion... ,,, % President s-.1, :=M STATE OF WISCONSIN �i'`NEBRASKP* V --•d ��}•.o.•♦ S•S•: ../o/lllllllllllllllll\\\\�� k.;•.t(,,c1:;:itiStar �+,f�•,a COUNTY OF DANE _ '"1+x''4, \*1�►rpm ter=- -r.,�.,.+c.�'!i'�+:�;/ �!"1yp +ws 0.044-03On the 1st of Januar 2007 before me ersonall came James J.McIn a to me known who byme sworn,did de ose and sa that he :::,-:...$41:� day Y� personally McIntyre, � being duly P say: 10040 1! • .: resides in the Countyof Dane State of Wisconsin;that he is President of PLATTE RIVER INSURANCE COMPANY the corporation described in issit f,isft,,:: and which executed the above instrument•that he knows the seal of the said corporation•that the seal affixed to said instrument is such corporate seal• s=°it".4- that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, ». . '-.� • ttfttir4-a"...«::-"'-• u\�awuuuenllunni --..��--�''�si�'fj' ff i��•�t �� \\��Oay��PB OF WISC tis�/// _ 7/7 Zvia-e#4."---- .:����i+�,`,t+EC 00:01,11*: _' DANIEL = a*2411,11. i�*,:ti-."' KRUEGER 5•� i #t,� Daniel W Krueger �- ��;;it �!1lsR�:'w^s; ///'/4;;;;;; or c \\\\ S•st i ''1 ail04--- STATE OF WISCONSIN may' �R� .--11..114-1,71 �� // � Notary Public,Dane Co.,WI { /iiiiuNmnunnlmm\�\ao\000 .,,.,,-.,.. S.S.: 1 t,+„':;,Mr...- COUNTY OF DANE CERTIFICATE My Commission Is Permanent --V `.;;;�;;¢. Itt R"z"'`�.mow I the undersigned,dulyelected to the office stated below now the incumbent in PLATTE RIVER INSURANCE COMPANY a Nebraska Corporation, ..T- ~�1 0authorized to make this certificate DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been 0►:;�:� •i.tzl ; 314 revoked•!and furthermore)that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. -S-4,-.1e-z-;.:..? ff Vii.: ,y. \iranw'r"+''y-sw... --'F'•�`'+r,.ac�„L,i%+r�� 13 Signed and sealed at the City of Middleton State of Wisconsin this 2::: day of Y 2 9 '#=w• � j1;'eg:iiii-; r+er�� \\\\\ttg:• -tj \\�\\Hy/ x:.1-4'�`.414 �\JSlCn :_"'�•.,�i•�`!i'•ff•Jf/�` I�,` s 4, o4�% 6e;(#t4. s...ww�,y�r sf - ..� :jj :p�= - = SEAL = -s=.. f*...w.,,.-M-- _ _ '.-'..,,•-,a•. liffi:',7-L.2Alan S.Ogilvie „`�"--i-;;�+ 40 41, �e..-- \ Secretary �p $�F /p�lls \ "�� �a�w0� t` M• ctft:ta-a.,--t.,_,Y THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER f j '1$"'� RIGHT HAND CORNER.IF YOU HAVE ANYQUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. �`:),,t �s4•+•+It�r �+I+s(10.1":41t�$� ".„.... ,.•.,.. �..._ - -'+�, ,e.,:>•,.../rfp�.w„�yr+,•,w,'t ' - . apotna•w-..,r.m.!.'^":tis<,=°,1`.,«•�r.�M°..""-''f/" `i� as!!w..�/�\v.. ••-. PR-POA(8-07) -=.-$4-s. 0*W pTa. , 111:44141144 .'�: e'34 t►•, t4 -i � , �1 's : �#• W1P1�Pt l � ARY ' h . Z_' iWitahtSO4$114-�;•r0t/ � �t �i 44i�It41.+V+ ?4A�� �T� t �2� � ��4 /#.4il#ifIi4AT,lAit�fi' ff � t� .}�# ,,#�}.� #0: �. 4 � .ti ��;�t 11i®•ye�}. �i#e#44#.F��iitiW.♦4 410/,��44W.0. 4#te+ijs#,�,ii �•�/4ti*N'#W#ee�t#} �`:}ft$bi��44f.1� i# 4'}`�4pi j4t #♦��i}#.# �4.. /ir #,��I,Stv.t ♦`. is �4 # tti j# iI•+•t2 #w�e1t m+♦�P44.k3♦•• twSrezdt :4• t4 �+ha ♦ ♦• a4Y`r$wS-ai��e3♦t a•p0-04.4+sfyw-►�4F :sasm® wtfswf+sw :Awfier ♦ririll ik .t , w}#•RM .`t:+4. ftwrg♦ fw�+ .••+ i*#•!Yw�•i wmA.wWk*/ -w, v .w.7�/ a-•.►1w�.wrw♦w/w,a-w :ww r -7;s:4-- t-S-5-� \y�� `www1.mo.-//\.emm \mwbs�/ w♦ w� �-w-� . m ��wda:/�-i-W% w- /:� Mw '\w. �M.;± -'`:- ,! �R% '�Wi ',-;-"X75-'' • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of 1, ,s On litcq 2COot before me, An\ prekar\ Jhy fv ate Here Ins4rt Name and Titlfthe Officer personally appeared c\ta Zk VYI Ck-e I 0 to Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person('whose name(w) is/afe subscribed to the within instrument and acknowledged to me that Vshe/thpy executed the same in his/her/Nair authorized capacity(i*, and that by hip/her/ill& signaturef ) on the ,4011 ua•Mall instrument the person(k, or the entity upon behalf of . 4 s Slop Mille WNW which the person(y) acted, executed the instrument. Cemm. - ...,_ S. ` ' I certify under PENALTY OF PERJURY under the laws of the State of C. ifornia that the foregoing paragraph is true and corre'-. WITNESS y hand :nd official se- . ► • Signature /( 11111W Place Notary Seal Above Sign:ture of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Clt(W.V� 4 - 12C4.V c.tt o Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT El Partner—[I] Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER Top of thumb here Top of thumb here ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 40 EXECUTED IN DUPLICATE PREMIUM: INCLUDED IN PAYMENT BOND BOND EFFECTIVE: JULY 1, 2009 Bond No.41173881 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"),has awarded to NATIONWIDE ENVIRONMENTAL SERVICES 11914 FRONT STREET,UNIT C, NORWALK, CA 90650 (Name and address of Contractor) ("Principal"),a contract(the"Contract") for the work described as follows: STREET SWEEPING SERVICES FISCAL YEAR 2009/10-2010/11-2011/12 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 PLATTE RIVER INSURANCE COMPANY 350 SANSOME STREET, SUITE 1000,SAN FRANCISCO,CA 94104-1315 (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 FIFTY THOUSAND AND 00/100********** ******************************************** Dollars($ 50,000 ************************** ),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 thereof made 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 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 thereunder. Suretyhereby 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' o 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 26, 2009 "Principal" "Surety" NATIONWIDE ENVIRONMENTAL SERVICES PLATTE RIVER INSURANCE COMPANY r d(, By: ery/t By: Its Nevec Its PAUL BOUCHER,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 notarized,and evidence of the authority of any person signing as attorney-in-fact must be attached. ON A • • • 1 1 1 I I 1 1 • CALIFORNIA ALL-PUR SE ACKNOWLEDGMENT STATE OF CALIFORNIA County of LOS ANGELES On MAY 26, 2009 before me, HEATHER WIN, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared PAUL BOUCHER Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person ) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ authorized capacity(49e), and that by his/ signature(e) on the instrument the person(s), or the entity upon behalf of which the person(e) , HEATHER WIN acted, executed the instrument. Commission# 1675769 i' '',ii Notary Public-California t I certify under PENALTY OF PERJURY under the laws of Los Angeles County the State of California that the foregoing paragraph is true My Comm.Expires Jun 17,201 I and correct. Witness my hand and o icial seal. Signature / Wt.! Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: NATIONWIDE PERFORMANCE &PAYMENT BOND 41173881 Document Date: MAY 26, 2009 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Individual 0 Individual O Corporate Officer Title(s): 0 Corporate Officer Title(s): O Partner ❑Limited 0 General , 0 Partner ❑Limited 0 General O Attorney in Fact RIGHTTHUMBPRINT 0 Attorney in Fact RIGHTTHUMBPRINT 0 Trustee OF SIGNER 0 Trustee OF SIGNER O Guardian or Conservator Top of thumb here 0 Guardian or Conservator Top of thumb here O Other: 0 Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 .`4-i �mw...\/v.'«..yrwr�,- w.�.,•.+/• + !•V'. �.i+;'",\\.�.':\ ,. �i�!..V..../...../,.j�. ,'.�.:a.!V/."«.'., �'•.•.•-iJa �t,/#I,.�R:;F'P, •1'.;� �`�i/i '�.�:.. ' ,.\ /rC•tie �ro•<�:w.V.<..�-'.,-F..4f�♦.wr* s,�V./,,r�.t�,..•\f3.--w"'ww"ks /rr�+rrp. yw-wr:.•s�rC...\ /rrww--r•'•. ptt- -11-, a,-*--, a-fi-f:,--,:t-41,--11W-xy,iwk\d,wit, . w.' t � . �: A -4.•r �.. waww ssws•e �°eae:mazv ..i.APsaj�!, s♦Aa} sP♦''•.....+:Ps•�,.•�,s::A*•As.. w}1RPb,:+s•$::,:}y }4•a•s•is+aj:t:ed Itr : R1 � # ♦ #�ftS R�� , f � ��,!ti Fyea♦a� 1tr �i� ,1 y;,40,it it: ti} hifoot;''•\�. L4tti t,/,, tt �'t440 �rit :� J4 't*Y*?,: f :1#l'' �' 11� -sit /« « . , :, , . M 3E :I • .. 2--=-y,; 00144: •:*4'4,js�,� .rte _,: .�- �'�*SEE' #3:k..� . 41178884 w�,♦.P,•I {�'s�a*"�r�� PLATTE RIVER INSURANCE COMPANY ���`"�•�" \��►•'!-A..•Irk" -��►,rM-'.".`'Ay�af�/ =w POWER OF ATTORNEY -� st {{iia*:0 ►�:PiP•ift *,:tori""*."".. KNOW ALL MEN BY THESE PRESENTS,That the PLATTE RIVER INSURANCE COMPANY,a corporation of the State of Nebraska,having its -� e4 a�.-•r tea:--. ::.;,,.... ,,.•_ +tt,P,� principal offices in the City of Middleton,Wisconsin,does make,constitute and appoint G, '•,++:•;t# C'ffitiiii 4:-Sitci,'< r/;=,;::4, -" -- -------- -----JANINA MONROE;LEONARD G FODEMSKI;PAUL BOUCHER;THOMAS MCCALL — --F i•.;k, ON 1;,.y. »-. its true and lawful Attorney(s)-in-fact,to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, .0:**07k + 1 t.P�*$�'rt•;e!'�"M?.... ....y,•�•;ion<. �,r►�:;;.:./� undertakings and contracts of suretyship,provided that no bond or undertakingor contract of suretyship executed under this authority shall exceed in - ``' (j;��,�*�' g tY P� tY P tY ,7,-,,,i--„,4‘1:440 �'L�+;Fi' '-. amount the sum of .,;4 •:.;:=f; Ri (i41145; -. ---ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED:$2,500,000.00 -- °,"r ''�f 4h itili.--W -.rr,M 1y+ER t i•Pt•, €44142);::::4 S .. I r ,x;44, • This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board =71-•.-a- .0'":"..`tlit"--. '•• of Directors of PLATTE RIVER INSURANCE COMPANY at a meetingdulycalled and held on the 8th dayof January,2002. ����'��* > -,.:- �, .$' z„+,gisi'•: eiglet, "' "��•. �:�;,., "RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the .<= ,•,�, >>•W..��• ower and authorization to a point bya Power of Attorne for the oses onl of executingand attesting bonds and undertakings and other writings 1-ii� ,�;,,,�.,/.,.'� P PP Y P�'P Y g g g .�.�_,;.• I;} ♦ obligatory in the nature thereof,one or more vice-presidents,assistant secretaries and attorney(s)-in-fact,each appointee to have the powers and duties :�}:� f '::°�`="~r- the signature of such officers and the seal of the Corporation maybe affixed to such ower of z=4:- «�-•-�»�--- usual to such offices to the business of the Corporation; gn rp p Ottiti1,7,„ attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile ,..,-,72.;:f01 t 'ff -seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature :' ` I( 4:"„ff",--f: thereof to which it is attached.Any such appointment may be revoked,for cause or without cause by any of said officers at any time."*11. --i-4';' .' AXII-fit _,-.1`7.11-sz:,:ilt!`e /{;+;♦;r IN WITNESS WHEREOF the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its 4,+:•', '1444+�*.°"' co orate seal to be hereto affixed dulyattested,this 1st dayof January,2007. -« `••i �tf rP rY� - :•% 4.:1:?,t-47::- c"itor-27. Attest: PLATTE RIVER INSURANCE COMPANY -.!►iso��,,�,�,,�, \\\\\\\\\\\1111HIIIIIIIINII////y/ �``+�`fitte,'x:*"i". \\\\\\ ,\r1SURAA,,,/��� - :• ,`->_ c ,,,,..,,,!*P a..;: RPO i =,�. .,,,.,r 4:014.,«-: �".� �� GO RATE / 4,,, C �.<� 9.,t, ,,A,/ - -a-liffs:, 01-5:t.4,c4;4-> ;�:•}ate =a -c= „'►°44-1-d,-1 I'S — •— -11'----- David F.Pauly = SEAL = -. '''i, 1 ����'w~w+» - = James J.McIntyre ..,14. 1.1:, ffie/:.5::.:" �Y'r"- - Chairman&CEO ▪ =�`President •.-.=\•�►�'*.)y/moi � „•;;,,;�;,��:�*. .Ii• tSTATE OFWISCONSIN S.S.: °°�//////////iNEBIRIII IK\\\\\\\\\�°\\ ''"4 Ott,("Itiff-Itit--; COUNTY OF DANE _ ,.,;0 12 On the 1st dayof January,2007 before me personallycame James J.McIntyre,to me known who being byme dulysworn did de ose and say:that he ~`y►+ {ht!**4?-7,�:. rY� Yr , � g � P Y =� ;;♦.;',;�� . resides in the County of Dane State of Wisconsin;that he is President of PLATTE RIVER INSURANCE COMPANY the corporation described m -.74s00'.� r/iso:,;;;~ • and which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrument is such corporate seal; -f- ♦•�1�1 \jy'« that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. '411;_�•E� sus.'*. ..%- •a a �jim�i -r`" t• At +w \it•R•w a\\\\\y<\\P��\IIIIFIII�SIIII/o///S////� 717 �.��Ii�� f(\�J� >>.rytsa,..r..• N i ice a ..�4�• ',m�.: ifii4 s�-• � 4 1�*ii,�►',+x'i"�\'�,�;� DANIEL ;.;;��%«�TIM*, !%.:54-3:4--7 .f t= —�•'~'•ir"!<►.of/� +�`+*`` t KRUEGER a --",•�• ,.4Aa*�' Daniel W Krueger _= .�+;�" as" ?i14:--zifitr- t STATE OF WISCONSIN ,^°t,�ra�\\a -.,�`-,/N„,I,uIInII11N,,,,,* Notary Public,Dane Co.,WI ttre�kfr,, :'`•” COUNTY OF DANE CERTIFICATE My Commission Is Permanent ---.4.4,,s,' a+\ ,,`j\tlft,:,, '.. I,the undersigned,duly elected to the office stated below,now the incumbent in PLATTE RIVER INSURANCE COMPANY,a Nebraska Corporation, •--. "�`;;;; }•*PCP���- ,ii-,-47,--,471/4;;.?, � �'t,iw,� authorized to make this certificate,DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been :'_.-,,,ref:77‘,..4i110,.►,�;: revoked;and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. .{ktP,♦RA ,: ,101-4.5"-'47. Signed and sealed at the City of Middleton,State of Wisconsin this 26TH day of MAY ,2 009 ` ,-71'141$ 44::k.„„'",,;,',,,1'4•{• .°' •""'" SZTIag,,, 4/,4i•*,.ww+r•w. \\\a ////q/ lilt* oj#41:d r`fr'W: `tvCORPORATEe%% / j & r /* 77:;�$:•:4i.1t1 Ottit...,41:: 1��,•*•'•+►fir" -ti SEAL i ,, -----46,0P, ~--0-$r = Alan S.Ogilvie "".. .P�.,.. // *,,,,;;=,; Secretary -_- °a,11 r..,y,.'" O//////// EBRASKA\\\\\\Q\ ,,,7i".jiir,:./ �!*+'«°,.•,�.r,�'„r,,,,. //11//1111111111111111111\\\\\\ \� N04 THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER `•,Y) At,IF4-� "- RIGHT HAND CORNER.IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. '~"'``1.1"' 0,1:.4408-,tr �•P� , > EItea' A,"!b -- :.�F"t-.►�4}t r - PR-POA(8-07) - , �: \.\ a iii.:' r'lii \\\\\ s.,A �... h s' : � � �� =•/.r:..��./.r i i♦.' :�,,M:„�..-.«.�!,.,•r„�,..A'./.-i. � • ii�.w .. . i4 i 4 4404.:+`F,iy®cr!,.w..°.r•,.,.,.i�,—404 `f�� St.itiT� .<:.. �` .`,411'4111 d • � .•-��#i J'� t1r� • t,sii� ,Ys ttG�#� t. it. #{ti1. , �.,•f't t.tt,t �#t�4;140 1< � 1Ave .#t.00?,,, tt ,::' a.$i>i:Jltf �{�,.K"AllAvAtAt.$4:43.44.40.;44d4g 4 t �: �t,,,,,,.....*, *, � �. � � .144 04+ .a : 1,R*`� !*�:0 �0 ay $ 1 �t: tV �„p0s4, staa $1! 21E�PrP/ �� { ♦w. y.I \l++� M � ww.T��Cwb��w „1 :w, rWi � rt : sn? � �1w �: i .aft �_�\ ! I/Ati4/'. �:ir e/ • 1 1 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of UE €LI On Hayfli WMbefore me, pr' ol ! AU lie Date Here Insert Name a Title of the O icer personally appeared V'\etJe( 'i YY\I�p\ i ct( t p Y p Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(py whose name( is/le subscribed to the within instrument and acknowledged to me that figfsheitlitay executed the same in I /her/their authorized Will1111111 capacity(icg), and that by Vher/tNetr signatures on the Comississ•ISIIUI instrument the personNi, or the entity upon behalf of Nein Adilic-CSM& which the personQ) acted, executed the instrument. Lao honk County COMM. 0 1' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corre WITNESS y han' and o ici. seal. Signature 411 Place Notary Seal Above 'gnature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: WQ– ftclgb Q-er-cleS Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHTTHUMBPRINT ❑ Partner—111 Limited ❑ General RIGHTTHUMBPRINT ❑ Attorney in Fact OF SIGNER Cl Attorney in Fact OF SIGNER ❑ Trustee Top of thumb here 111 Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827 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 suchlic or policies are: 30-€.5 t E • l\W-iiMLOOee, " 6-erV k62)0 na y ana • tc(_ 3. Workers' Compensation Policy or Policies in a form approved by the Insurance Com issiooer of California covering all operations of the named insureds as follows: EQUIDAmkg Effective Date Exptipn Date '40% 0 —Poet I• 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 is Au ed Represents ve IN 411 40 1%/alon wl l En virail171en tal Division of Joe's Sweeping,Inc. erw1ces® 0 June 9, 2009 Mr. James Bell Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Mr. Bell: Nationwide Environmental Services (NES) would like to inform the City of Rancho Palos Verdes that NES is not involved in any litigation or claims that may potentially affect the aggregate insurance coverage. IfY ou have any questions or concerns, please feel free to contact me. Thank you for your time. Sincerely, 1� e ' ll. �.► Vice President ;�i +r r+ t't ,yy i 4 a 4: AS/mm • 11914 Front Street • Norwalk, California 90650 • (562) 860-0604 • Fax (562) 868-5726 www.nes-sweeping.com r • FROM :RPU FAX NO. :5445292 410pr. 28 2009 12:22PM P12 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 Contractor acknowledges that this contract is subject to the provisions of Division 2,Part 7,Chapter 1 r g eo mmencin with Section 1720) of the California Labor Code relating to public works and the awarding public agency("Agency")and agrees to he bound by p (commencing U c1 all theprovisions thereofas though set forth in Hl herein. 2. Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which r • p , subsistence a netts to each worker needed to execute the work to requires the payment of travel and subsi�to � y the extent required by law. 3. Contractor agrees to Comply with the provisions of California Labor Cede Section 1776 which require Contractor and each subcontractor to (1) keep accurate payroll records, (2)certify and make such react*available for inspection as provided by Section 1176,and(3)inform the Agency of the payroll � Contractor �compliance with Section]776 by irselficnd location of the records.The Contractor is responsible for co all of its subcontractors. 4. Contra agreescomply ctor to with the provisions of California Labor Code Section 1777.5 concerning p Y theemployment em loyi e:nt of apprentices on public works projects, and furter agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. • agrees to comply with the provisions of California Labor Code Section 1813 concerning 5. Contractor gr �Y F penalties for workers who work excess hours. The Con tractor shall,as a penalty to the Agency,forfeit twenty-five dollars($25)fir each worker employed in the execution ad=contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to g in any one calendar dayand 40 hours in any one calendar week In violation of wor�C more than 8 hours y the provisions of Division 2,Part 7,Chapter 1,Article 3 of the Cali i a Labor Code. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure 1�compensation payment�► coif nsation to its employees. In acc'o dant a with the Provisions of California Labor Code Section 1 861,Contractor hereby certifies as follows: "1 am'aware of the provisions of Section 3700 of the Labor Code which require every r to be insured,against liability for workers' compensation or to undertake employer 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. (0/) CO� ......._ Signaturemate .�. ..... ,�.,.� C: 11A • ' MUST BE DISPIINCED IN PLACE OF BUSINESS-NOWANSFERABLE City ofRancho Palos Finance Department 30940 Hawthorne Blvd BUSINESS TAX REGISTRATION CERTIFICATE Rancho Palos Verdes, CA 90275 THIS CERTIFICATE IS EVIDENCE THAT THE PERSON OR FIRM Business Name: NATIONWIDE ENVIRONMENTAL SERVI NAMED HAS PAID A TAX TO CONDUCT AND OPERATE A BUSINESS Business Number: 3256 AS INDICATED HEREON PURSUANT TO THE PROVISIONS OF Location Address: OUT OF CITY BUSINESS f NAPTRR IV(F RANTI4( PAI(IR VPRDI S MIINICIPAI mar License Number/Class: 09 00003274 OUTSIDE BUSINESS NATIONWIDE ENVIRONMENTAL SERVI __ 11914 FRONT ST NORWALK CA 90650 t), Issue Date: 2/12/09 Expiration Date: 12/31/09 ISSUING OFFICERS 41110 • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION _....._...._:......._..._.. Contract/Agreement/License/Permit No.or description:___,& �� \C1,) w�.+.r--�� ■ .�w�� w��r.a it - w war wr�ww� �..`�r+r�� uw.r.r.r+�rr�++ri• Indemnitor(s){list all names): The Contractor shall indemnify,defend,and hold harmless the City,and its officers,employees,volunteers, and agents("City Indemnitees"), from and against any and all causes of action, claims, liabilities, losses, expenses, obligations,judgments, or damages, including reasonable attorneys' fees and costs of litigation ("claims"),arising out of the Contractor's performance of its obligations under this agreement or out of the operations conducted by Contractor, including the active or passive negligence of any or all of the City Indemnitees,except for such loss or damage arising from the sole negligence or willful misconduct of the City Indemnitees.In the event the City Indemnitees are made a party to any action,lawsuit,or other adversarial proceeding arising from Contractor's performance of this agreement the Contractor shall provide a defense to the City Indemnitees or at the City's option reimburse the City Indemnitees their costs of defense,including reasonable attorneys'fees,incurred in defense of such claims.Such obligation shall not be construed to negate, abridge,or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified in this section on indemnity. Contractor's obligation to indemnify the City Indemnitees shall not be restricted to insurance proceeds. 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 1C \ _ Name By: P , 11 ,N, s.sa a' 93_ By: ItsIts • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY • _ 1 ,1 At 1 ' ‘3.1' • 01, 041 II • I laTiAt - ik Name and address of na ed i' ured("Named Insured"): ea,LACttreyeSUIC60 (t At • 6 • , _salt' 1 4s: Op0.. \)'{ 00-10 and address of Insurance Compan ("Ce pony"): General description of agreement(s),permit(s),license(s),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: j` pades. 1. 'The � - Veder ("Public Agency"),its elected 6fficials,officers,attorneys,agents,employees,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 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 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 bythe 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 scope of 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. . 411 • 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 1111 „ DORSET,.A a ES FROWM LIABILITY Cl1/4enerili Lidatkii4 (0-4-40 to k 14iLio tzglti cpm. err _ -_ _ ___ r�.rr-��.� r�.ww.wrr�► 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: o Contractual Liability y Explosion Hazard o Owners/Landlords/Tenants tg Collapse Hazard o Manufacturers/Contractors Underground Property Damage Products/Completed Operations o Pollution Liability A. Broad Form Property Damage o Liquor Liability. o Extended Bodily Injury hamLAKcsatnetcti, U 4a41/111 o Broad Form Comprehensive a General Liability Endorsement o 12. A o deductible or Q self-insured retention(check one)of$ applies to all coverage(s)except: (f none,so stale). The deductible is applicable o per claim or o per occurrence(check one). 13. This is an occurrence or claims made policy(check one). 14. This endorsement e isiVe on tOc\ at 12:01 a.m.and forms a partof fft Policy Number oat...xocuo(4-1 t tr 0 I 10 • it `' (print name), hereby declare under penalty *MI ury under the aws 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 Cf Signature thorized Rep' tali-ye (Original signature only;no facsimile signature Telephone No.: �� )_ 0(9%)01-1- -% or initialed signature accepted) ep { 444 4 l • • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured("Named Insured' !► I ITC. Na441TVILI9'*4 ErWir0r1 Ar-vits/3 curd 0-101.- 4. Name and address of insurance Company("Company'): • A4 11.6,11 Qtrr€ � iC410 General description of agreement(s),pernat(s),license(s),and/or activity(ies)insu ed: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: (4I6 72JoS Ver (&s 1. The .4,1/1�,, � � ("Public Agency"),its elected o icia ,officers,attorneys,agents,employees,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 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 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 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 scope of 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. I, IC • 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,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 IHJ DO.E ..A... mown) MASU,ITY AttAti;tabditl -Xil� k O,o ,i_# 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: Any Automobiles o Truckers Coverage o All Owned Automobiles ci Motor Carrier Act tti Non-owned Automobiles o Bus Regulatory Reform Act NIA Hired Automobiles a Public Livery Coverage o Scheduled Automobiles o o Garage Coverage o 12. A Q deductible or p self-insured retention(check one)o f $ 00ie, applies to all coverage(s)except: (f none,so state). The deductible is applicable G per claim orG per occurrence(check one). 13. This is an y 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 AIN* o . 1 (print name), hereby declare under penalty t, rjury under tSy <y.,laws of the State of California,that l have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed �. 1 gq ,20 OCI 014 d'kf ' I Signatur, i• uthorized R ' . ntative (Original signature only;nofacsimile signature Telephone No.: _ or initialed signature accepted) .� .• 1111 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Ii'1iA Oho 4.0 /Atte / Name and address a' amed n ured("Na, ed Insured"): \,,,9646,31 /,yieCe(Li . Name and address of Insuran e C9tn any("Company"): General description of agreement(s),permit(s),license(s), and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached(the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The CA dad - ' d 17.A4'..S Ver'YX ("Public Agency"),its elected .' icials,officers,attorneys,agents,employees,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 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 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 liabilityassumed bythe 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 requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of 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 Iaws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. i s t . 0 I 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 !..• ,►.1 P►. ; I , _ ,t . 6 �i;•se.i • I4ABIUTY,. Ofir," �� /i 0 7 3 / 'r jk:39,wing Form mbrella Liability 0 11. Applicable underlying coverages: IrallitAlig#cOMPANY PQL1c Y O. .,1.4.1.i 4 / ----- if ah l fil d ow ocgd . /� V4J/q // �f 364, Ufil /. ' 11:/iir # 4:66&930OV-7 / � 614V/. ' ' i / 12. The following inclusions,exclusions,extensions or specific provisions relate to the above coverages: 13. A a deductible o!)4f-insured retention(check one)of$,/O,i Q'CV applies to all coverage(s)except: -- _ ... . ._.._ (if none,so state). The deductible is applicable o per claim or a per occurrence(check one). 14. This is an/occurrence or a claims mad policy(check one). fO9at 12:01 a.m.and forms a of Number 15. This endorsement�s effective onpartPolicy *--PI, i-cL (print name), hereby declare under penalty of p der the laws o the State of California,that I have the authority to bind the thisbind the Company. . Company0' 0 CA to endorsemen an� that by my ex ut�on hereof,I do so P y Executed 1 .. 20 E ! L' I_A t ... Signature of ii , ' -• Repr 7 ntative "Z. (Original signature only;no facsimile signature Telephone No.: tJosZ°k—'-{-faq._ or initialed signature accepted) _ • • 411/ s, as_11. LOCKT01/1 Insurance and Risk Management Specialists June 16, 2009 RECEIVED City of Rancho Palos Verdes City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, CA 90275 JUN l 8 ?nu Re: Certificate of Liability Insurance Joe's Sweeping, Inc. PUBLIC WORKS DEPARTMENT DBA Nationwide Environmental Services And JNL Building Services 11914 Front Street Norwalk, CA 900650 Gentlemen, We are in receipt of your inquiry regarding the Certificate of Insurance issued on behalf of the above referenced policy holder. Insurers that provide primary liability insurance are often unwilling to provide a limit greater than $1,000,000 pee occurrence. Hence, an insured who wants higher limits than are available from its primary insurers can achieve the desired limits by purchasing an excess or umbrella liability policy. A primary liability policy and corresponding excess or umbrella policy are referred to as "layers" of insurance. These layers together provide a total per occurrence limit. Joe's Sweeping, Inc.'s primary Automobile Liability policy provides$1,000,000 combined single limit per occurrence and the Umbrella policy provides$1,000,000 each occurrence. Together, they provide a total per occurrence limit of $2,000,000. Should you have additional questions, please don't hesitate to contact us. Sincerely, Lockton Insurance Brokers, LLC 401" usan . Clayton dor.••••— A -aunt Executive /s m c LOCKTON INSURANCE BROKERS,LLC. License#OF15767 '25 S.Figueroa St.,35th I'1;`1 os Angeles,CA 9(101-1 (213)689-(17OU FAX:(213)689-0550