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Venco Western Inc (2012) 110 4111) LANDSCAPE MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT("Agreement") is made and entered this 15th day of May, 2012, by and between the CITY OF RANCHO PALOS VERDES,a California municipal corporation("City")and Venco Western Inc. ("Contractor"). In consideration of the mutual covenants hereinafter set forth,the parties hereto agree as follows: 1. Scope of Services. Contractor shall perform the work and provide all labor,materials,equipment and services in a good and workmanlike manner for the project identified as LANDSCAPE MAINTENANCE SERVICES FOR THE CITY OF RANCHO PALOS VERDES PARKS ("Project"),as described in this Agreement and in the Bid Documents(including the Notice Inviting Sealed Bids,the Instructions to Bidders,the General Provisions,the Special Provisions,the Technical Special Provisions, the Proposal, the Exhibits, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents),which are attached hereto as Exhibit"A"and incorporated herein by this reference,including miscellaneous appurtenant work. All work shall be performed in accordance with the latest edition of the Standard Specifications for Public Works Construction (commonly known as the "Greenbook"), including supplements, prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Associated General Contractors of California (collectively "Standard Specifications"),which is incorporated herein by this reference. In the event of any conflict between the terms of this Agreement and incorporated documents,the terms of this Agreement shall control. 2. Extra Work. Extra work,when ordered in writing by the Director of Public Works and accepted by the Contractor, shall be paid for under written work order in accordance with the terms therein provided.Payment for extra work will be made at the unit price or lump sum previously agreed upon in writing between the Contractor and the Director of Public Works.All extra work shall be adjusted daily upon report sheet furnished by the Contractor,prepared by the Director of Public Works, and signed by both parties, and said daily report shall be considered thereafter the true records of extra work done. 3. Term. This Agreement shall commence on July 1, 2012 and shall remain in effect until the tasks described herein are completed to the City's approval,but in no event later than June 30,2015, unless sooner terminated pursuant to Section 12 of this Agreement. Additionally,there shall be three(3)one-year options to renew the Agreement with the mutual written consent of both parties. If not renewed prior to the anniversary date,the Agreement may continue on a month to month basis under the same terms and conditions as this Agreement for a maximum period not to exceed six(6)months or until renewed or awarded to a new contractor,whichever is less. 4. Time. Time is of the essence in this Agreement. 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy,acts of the Government,fires, floods or other casualty,epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes,unusually severe weather,and supplier delays due to such causes.Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this Section. Each party shall notify the other promptly in writing of each such excusable delay, its cause and its expected delay,and shall upon request update such notice. 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One Hundred Sixty Nine Thousand Eight Hundred and Thirty Two C- 1 • • dollars($169,832)in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit"B"and incorporated herein by this reference. 7. Payments.City shall make payments within thirty(30)days after receipt of an undisputed and properly submitted payment request from Contractor. City shall return to Contractor any payment request determined not to be a proper payment request as soon as practicable,but not later than seven(7)days after receipt,and shall explain in writing the reasons why the payment request is not proper. A payment shall be made as the City Council of the City prescribes upon estimates approved by the City Council. However,progress payments shall not be made in excess of ninety-five percent(95%) of the percentage of actual work completed plus a like percentage of the value of material delivered on the ground or stored subject to,or under the control of,the City,and unused.The City shall withhold not less than five percent(5%)of the Agreement price until final completion and acceptance of the Project. However, at any time after fifty percent(50%)of the work has been completed, if the City Council of the City finds that satisfactory progress is being made,it may,at its discretion,make any of the remaining progress payments in full for actual work completed. 8. Substitute Security. a. At the written request and expense of Contractor, securities equivalent to any moneys withheld by the City to ensure performance under this Agreement shall be deposited with the City, or with a state or federally chartered bank in the State of California as the escrow agent,that shall then pay those moneys to Contractor.Upon satisfactory completion of the Agreement,the securities shall be returned to Contractor. b. Alternatively,Contractor may request that the City shall make payment of retentions earned directly to the escrow agent at the expense of Contractor.At the expense of Contractor, Contractor may direct the investment of the payments into securities,and Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by Contractor. Upon satisfactory completion of the Agreement,Contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the City,pursuant to the terms of this Section. c. Securities eligible for investment shall include those listed in California Government Code Section 16430,bank or savings and loan certificates of deposit,interest-bearing demand deposit accounts, standby letters of credit,or any other security to which Contractor and the City mutually agree in writing. Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. d. If Contractor elects to receive interest on moneys withheld in retention by the City, it shall, at the request of any subcontractor performing more than five percent(5%)of Contractor's total bid,make that option available to the subcontractor regarding any moneys withheld in retention by Contractor from the subcontractor. Further mandatory details are provided in Public Contract Code Section 22300(d),which is incorporated herein by this reference. e. The escrow agreement for security deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f),which is incorporated herein by this reference. 9. Taxes.Contractor shall calculate payment for all sales,unemployment,old age pension and other taxes imposed by local, State of California and federal law. These payments are included in the total amounts in Exhibit"B." 10. Audit.The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its billings to the City as a condition precedent C-2 0 0 to any payment to Contractor. Contractor will promptly furnish documents requested by the City. Additionally,Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three(3)years after fmal payment under this Agreement. 11. Unresolved Disputes. In the event that a dispute arises between the City and Contractor regarding whether the conditions materially differ,involve hazardous waste,or cause a decrease or increase in Contractor's cost of or time required for performance of any part of the work,Contractor shall not be excused from any scheduled completion date provided for by the Agreement,but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. In the event of any dispute or controversy with the City over any matter whatsoever, Contractor shall not cause any delay or cessation in or of work,but shall proceed with the performance of the work in dispute. This includes disputed time extension requests and prices for changes.The disputed work will be categorized as an "unresolved dispute"and payment,if any,shall be as later determined by mutual agreement or a court of law. Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. Public Contract Code Sections 20104 et seq.and Rancho Palos Verdes Municipal Code chapter 3.24("Claims Against the City")shall govern the procedures of the claim process,and these provisions are incorporated herein by this reference. 12. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty(30)days'written notice or by the Contractor at any time with or without cause without penalty upon ninety(90)days'written notice. In the event of termination by the City without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination,and such payment shall be in full satisfaction of all services rendered hereunder. 13. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: City of Rancho Palos Verdes Instructions for Execution of Instruments; Insurance Requirements for the City of Rancho Palos Verdes Public Works Contract; Workers' Compensation Certificate of Insurance;Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution;Additional Insured Endorsement(Comprehensive General Liability); Additional Insured Endorsement(Automobile Liability);and Additional Insured Endorsement(Excess Liability). 14. Antitrust Claims. Contractor offers and agrees to assign to the City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15 U.S.C.Sec. 15)or under the Cartwright Act(Chapter 2(commencing with Section 16700)of Part 2 of Division 7 of the California Business and Professions Code)arising from purchases of goods,services,or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the City tenders fmal payment to Contractor without further acknowledgment by the parties. 15. Trenching and Excavations. If the project involves trenching more than four(4)feet deep,Contractor shall promptly and before the following conditions are disturbed notify the City in writing of any: material that Contractor believes may be material that is hazardous waste, as defined in California Health and Safety Code Section 25117,that is required to be removed to a Class I,Class II,or Class III disposal site in accordance with provisions of existing law;subsurface or latent physical conditions at the site differing from those indicated; or unknown physical conditions at the site of any unusual nature,different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The City shall promptly investigate the conditions,and if the City finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in Contractor's cost of or the time required for performance of any part of the work,the City shall issue a change order. C-3 0 1 16. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 17. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are Contractor's sole responsibility. Accuracy of information furnished,as to existing conditions,is not guaranteed by the City. Contractor,at its sole expense,must make all investigations necessary to determine locations of existing elements,which may include, without limitation, contacting U.S.A. Alert and other private underground locating firm(s),utilizing specialized locating equipment and/or hand trenching. 18. Independent Contractor. Contractor is and shall at all times remain, as to the City, a wholly independent contractor. Neither the City nor any of its agents shall have control over the conduct of Contractor or any of the Contractor's employees,except as herein set forth,and Contractor is free to dispose of all portions of its time and activities which it is not obligated to devote to the City in such a manner and to such persons, firms, or corporations at the Contractor wishes except as expressly provided in this Agreement.Contractor shall have no power to incur any debt,obligation,or liability on behalf of the City,bind the City in any manner,or otherwise act on behalf of the City as an agent. Contractor shall not, at any time or in any manner, represent that it or any of its agents, servants or employees, are in any manner agents, servants or employees of City. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold the City harmless from any and all taxes,assessments,penalties,and interest asserted against the City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and its employees. Contractor further agrees to indemnify and hold the City harmless from any failure of Contractor to comply with applicable workers' compensation laws. The City shall have the right to offset against the amount of any compensation due to Contractor under this Agreement any amount due to the City from Contractor as a result of its failure to promptly pay to the City any reimbursement or indemnification arising under this Section. 19. Prevailing Wages. City and Contractor acknowledge that this project is a public work to which prevailing wages apply. The Agreement to Comply with California Labor Law Requirements is attached hereto and incorporated herein by this reference.Eight hours of labor constitutes a legal day's work. 20. 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 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." 21. Subcontracting. Contractor shall adhere to all provisions of the Subletting and Subcontracting Fair Practices Act,Public Contract Code Section 4100 et seq.,which is incorporated herein by this reference. 22. Nondiscriminatory Employment. Contractor shall not unlawfully discriminate against any individual based on race,color,religion,nationality,gender, sex, sexual orientation, age or condition of disability. Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. C-4 0 0 23. Debarred, Suspended or Ineligible Contractors. Contractor shall not be debarred throughout the duration of this Agreement. Contractor shall not perform work with debarred subcontractor pursuant to California Labor Code Section 1777.1 or 1777.7. 24. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs pursuant to this Agreement. 25. Bonds. Contractor shall obtain faithful performance and payment bonds as required by law, and nothing in this Agreement shall be read to excuse this requirement. The required forms entitled Payment Bond (Labor and Materials) and Performance Bond are attached hereto and incorporated herein by this reference. 26. Contractor's Representations. Contractor represents, covenants and agrees that: a) Contractor is licensed,qualified,and capable of furnishing the labor,materials,and expertise necessary to perform the services in accordance with the terms and conditions set forth in this Agreement;b)there are no obligations,commitments,or impediments of any kind that will limit or prevent its full performance under this Agreement; c)there is no litigation pending against Contractor,and Contractor is not the subject of any criminal investigation or proceeding;and d)to Contractor's actual knowledge,neither Contractor nor its personnel have been convicted of a felony. 27. Conflicts of Interest.Contractor agrees not to accept any employment or representation during the term of this Agreement or within twelve(12)months after completion of the work under this Agreement which is or may likely make Contractor"financially interested," as provided in Government Code Section 1090 and 87100, in any decisions made by City on any matter in connection with which Contractor has been retained pursuant to this Agreement. 28. Third Party Claims.City shall have full authority to compromise or otherwise settle any claim relating to the Agreement at any time.City shall timely notify Contractor of the receipt of any third party claim relating to the Agreement.City shall be entitled to recover its reasonable costs incurred in providing this notice. 29. Non-Assignability; Subcontracting. Contractor shall not assign or transfer any interest in this Agreement nor any part thereof,whether by assignment or novation,without the City's prior written consent. Any purported assignment without written consent shall be null,void,and of no effect,and Contractor shall hold harmless,defend and indemnify the City and its officers,officials,employees, agents and representatives with respect to any claim,demand or action arising from or relating to any unauthorized assignment. 30. Applicable Law. The validity,interpretation,and performance of this Agreement shall be controlled by and construed under the laws of the State of California,excluding California's choice of law rules. Venue for any such action relating to this Agreement shall be in the Los Angeles County Superior Court. 31. Attorneys' Fees. If any legal action or other proceeding, including action for declaratory relief, is brought for the enforcement of this Agreement or because of an alleged dispute,breach, default or misrepresentation in connection with this Agreement,the prevailing party shall be entitled to recover reasonable attorneys' fees,experts' fees, and other costs, in addition to any other relief to which the party may be entitled. 32. Titles. The titles used in this Agreement are for convenience only and shall in no way define,limit or describe the scope or intent of this Agreement or any part of it. C-5 0 0 33. Authority.The person executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 34. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended,nor any provision or breach waived,except in a writing signed by both parties which expressly refers to this Agreement. 35. Construction. In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 36. Non-waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by the City of any payment to Consultant constitute or be construed as a waiver by the City of any breach of covenant,or any default which may then exist on the part of Consultant,and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 37. Notice. Except as otherwise required by law, any notice or other communication authorized or required by this Agreement shall be in writing and shall be deemed received on(a)the day of delivery if delivered by hand or overnight courier service during Contractor's or City's regular business hours or(b)on the third business day following deposit in the United States mail,postage prepaid, to the addresses listed below, or at such other address as one party may notify the other: To CITY: Mr. Tom Odom,Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 To CONTRACTOR: The address listed in Exhibit"B." 38. Counterparts. This Agreement maybe executed in counterpart originals,duplicate originals,or both, each of which is deemed to be an original for all purposes. 39. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions of this Agreement shall continue in full force and effect. C-6 • II IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. CITYO 'ALOS VERDES OF By: I011IF IF Mayo ATTEST: r, APPROVED AS TO FORM: By: eAcitt76Ch.LWA-- By: City Clerk City Attorney Dated: ` D`/d`� ' �/`3 ° i r 6.\e €cA c._ . ("CO TRACTOR") t'''". .(..zi ........ l • By: ° A ,i 4:1_, _ -.D- Printed Nam r— LA a(�rn.I. V tX✓ Title: r42-S i )Q 1A.. By: "71W-e6/6/ Printed Name: ak... /t. c Title: ....G.c.0 74...,,, C-7 THE 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 inetrumnent, 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 pub|io, usingacknowledgment. 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 PubUo, using the proper form of acknment. 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 ochn sing in substance the following form of ocknow|odoment. 4. By a Surety. The name of the surety must be set forth,followed by an authorized signature. The si ed before a er form of acknowledgment. t STATE OF /\ \y� ) ^ , ) 8S. COUNTY OF � �� trt- On 20____. before me. the undensiQned, appeared known 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 inmhument, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my sigd ` U1 f- �r � Notary Public ALLISON DAVIS ~ Commission ...?i Notary Public-California Ventura County Comm. `(~`aJut 4 2013� �� -8 Oand No. SU 1114145 PAYMENT BOND Premium: Included in Performance Bond (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Venco Western, Inc. 2400 Eastman, Oxnard CA 93030 (Name and address of Contractor) ("Principal"), a contract(the 'Contract")for the work described as follows: MAINTENANCE LABOR FOR CITY PROGRAM ACTIVITIES AND RIGHT OF WAY LANDSCAPE MAINTENANCE TASKS 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 865 S Fie ueroa St, 27th Floor, Los An•eles CA 90017 (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 Sixty Nine Thousand Eight Hundred Thirty Two and No/100 Dollars($ 16932.00 ), this amount being not less than hundred percent (100%) of the total contract pace, 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. C- 1.0 0 0 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: June 25, 2012 "Principe "Surety" Venco Western, Inc. Arch Insurance Company it/ B By: �� /,fla• Its Its By: _ Ey: Shirley Rhoads,Attorney-in-Fact Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS, WATSON & GERSHON A Professional Corporation By: Ey: 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. c- 11 • • CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of: California County of Ventura On 6/25/12 before me, Sharon L. Sparks, Notary Public, personally appeared Shirley Rhoads, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ns/her/ authorized capacity(ies) and that by 4s/her/the r signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I Certify under PENALTY OF PERJURY under the laws of The State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 0000000000000000000000000000000000000000000 SHARON L. SPARKS 8 COMM. # 1867134 S R w-� o= �� NOTARY PUBLIC-CALIFORNIA R VENTURA COUNTY U �'� l', My Commission Expires 1 �� OCTOBER 4, 2013Signature of Notary Public g — 8 oofy00000000000000000000000000000 o OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT EIINDIVIDUAL EICORPORATE OFFICER TITLES(S) TITLE OR TYPE OF DOCUMENT EIIPARTNERS EILIMITED EGENERAL NUMBER OF PAGES ®ATTORNEY-IN-FACT ETRUSTEE(S) LIGUARDIAN/CONSERVATOR LIOTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE • a - • AIC 0000027805 - THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON BLUE BACKGROUND. —T his Power of Attorney limits the acts of those named herein, and the ave no authority to bind the Companyexcept in the manner and to the extent herein stated. Not valid for Mortgage, Note, Loan, Letter of Credit, Bank Deposit, currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company") does hereby appoint: Rtarnsling, Judith M. Diaz, Kip Keller, M. Linda Terry, Shirley Rhoads, Sondra L. Stanley, Steven W. Carter and Timothy B. = y Centura, CA(EACH) its true and lawful Attorney(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: areal) bonds, undertakings, renizances and ourety obligations, in the penal sum not exceeding Ninety Million Dollars ($90,000,000.0 This authority 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 authoriys set forth herein. The execun of such bonds, undertakings, recognizances and other surety obligations in pusice of these presents shall be as binding upon the said Company as fully and amply to all intents and 'purposes as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company n September 15, 2011, true and accurate eopie f which are hereinafter set forth and are hereby certified to by the undersigned cretary as being in full force and effect_ "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, 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 subject to the limitations set forth in their respective powers of attorney,to execute on behalf of the Company, and attach the seal of the Company thereto,bonds, undertakings, recognizances and___ other surest otlligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acce c _) process." iiiiiini!ilii - -_- 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 September 15, 2011: That the signature of the Charfiman athe3oard, the President, or the Executive Vice President, or any Senior - sic its --_=of the Surety Business Division, 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 alloy or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, 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. 0 0 , AIC 0000027805 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 29th day of November, 2011. Attested and Certified Arch Insurance Company ef all Ce oo - --- / 4, ,.," c ,, 0. _/4(,./(/*' 'ilt<-41------—-- 1971 1 A A , .„.------„. 1,- (4,-,..„0- L.,...., v I VIA -.• :,,,,j .....--,...--- artin J. Nilse` , Secretary David M. Finke stein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Kathleen Marcinkus, a Notary Public, do hereby certify that Martin J. Nilsen and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President 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. COMMONWEALTH OF PENNSYLVANIA , NOTARIAL SEAL KATHLEEN MARCII';US,Notary Public Citi of Phitattilptila,Nth.Count'y .-'2,/7 'j. �� ": Id r 1.f.. 014 a -111,.lam '�-' 47 Kat leen Marcinkus, Notary Public My commission expires d311412014 CERTIFICATION I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated November 29, 2011 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 David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTI NY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this-2_ 2_day of _ , 20 f 2. 1 (--. / Y artin J. Nilsen, 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. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance-Surety Division 3 Parkway, Suite 15004 ,' 51 Philadelphia, PA 19102 '" WikrtMAIt la . 0 SEAL a 197 NI klissouri 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. 41) Bond o. SU 1114145 Premium: $2,446.00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the Cityg Rancho Palos Verdes ("Public Agency"), has awarded to_Venco Western, I 2400 Eastman, Oxnard CA 93030 (Name and address of Contractor) ("Principal"),a contract(the "Contract") for the work described as follows: MAINTENANCE LABOR FOR CITY PROGRAM ACTIVITIES AND RIGHT OF WAY LANDSCAPE MAINTENANCE TASKS 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 865 S Figueroa St, 27th Floor, Los Angeles CA 90017 (Name and address of Surety) ("Surety")a duly admitted surety insurer under the laws ofthe State of California,as Surety,are held and firmly bound unto the Public Agency in the penal sum of _Qae„Hundred Sixty Nine Thousand Ei h� Hundred Thirty Two and No/100 Dollars (S 169,832.00 .�- 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 thereof made as therein provided,on the Principal's part to be performed,t and 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 *** "This bond shall expire effective May 23, 2013 and may be renewed by continuation certificate C-12 for an additional period of one year at the sole desecration of the Surety" the specifications for the same,shall in any way affect its obligations under this bond,and it does herebywaive notice of any such char extension of time,alteration,addition, change, or modification to the terms ofthe Contract or to the work or to the specifications thereunder. 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 aPte'hereto. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument,t, 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: June 25th, 2012 "Principal" "Surety" Venco Western, Inc. Arch Insurance Company AI II\ By1111111 . 1. Its Its By: By: Shirley Rhoads, Attorney-in-Fact Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM: PRINCIPAL AMOUNT RICHARDS,WATSON&GERSH.ON A Professional Corporation By: Insurance Administrator Public Agency Attorney Note: This bard must be executed in duplicate and dated, all aignatuxe,s must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached C- 13 , 0 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of: California County of Ventura On 6/25/12 before me, Sharon L. Sparks, Notary Public, personally appeared Shirley Rhoads, who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in is/her/theU authorized capacity(ies) and that by his/her/theif signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I Certify under PENALTY OF PERJURY under the laws of The State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. c . 00000000000000000000000000000000 8 ,,,e,-,.:7,-..-\, SHARON L. SPARKS 8 S - .•'-,.`, COMM. # 1867134 S r ~= •''� �,? ` NOTARY PUBLIC-CALIFORNIA rtj z' r4_'+, ` 1�ENTURA COUNTY 1k-=.444:,,,,,,,, My Commission Expires 1 Signature of Notary Public R �,4 ,.. OCTOBER 4, 2013 -,1,-,'V; -, ' .�..-,DCOO( OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT LIINDIVIDUAL EIIICORPORATE OFFICER TITLES(S) TITLE OR TYPE OF DOCUMENT LIPARTNERS ELIMITED flGENERAL NUMBER OF PAGES ®ATTORNEY-IN-FACT EIITRUSTEE(S) LIGUARDIAN/CONSERVATOR DOTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE • 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 insured and that the same are in force at this time: 1. This certificate is issued to: The City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 2. , The insured under such policy or policies are: s.< 3. Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations of the named insured as follows: Policy Number Effective Date Expiration Date y.:( I> 7 I H ti . /(lif 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 t , • • e '•„,1 >`• I , • , , . < x I I I ) / ", • • • By: • It's Authorized Representative 712w,, / C- 14 t ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY VENCO WESTERN, INC. 2400 EASTMAN AVENUE, OXNARD, CA 93030 Name and address of named insured("Named Insured'): ADMIRAL INSURANCE COMPANY 1255 CALDWELL ROAD, CHERRY HILL, NJ 08034 Name and address of Insurance Company("Cornpany',1: MAINTENANCE LABOR FOR CITY PROGRAM ACTIVITIES AND RIGHT OF WAY LANDSCAPE MAINTENANCE TASKS 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 CITY OF RANCHO PALOS VERDES ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the"Additional Insured") 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 insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage's afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage's 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 in or executed in conjunction with the written agreement(s)or permit(s)designated above, between the Named Insured and the Additional Insured. 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 Insured,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 Insured C- 17 • 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 GENERAL LIABILITY 02/01/2012 TO 02/01/2013 $1M/$ $2M/41M ' s 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverage's. Includes: EN Contractual Liability xi Explosion Hazard (AS PER FORM CG0001' 12/04) Ri Owners/Landlords/Tenants E Collapse Hazard ai Manufacturers/Contractors )0 Underground Property Damage g Products/Completed Operations o Pollution Liability IN Broad Form Property Damage o Liquor Liability Extended Bodily Injury o Ri Broad Form Comprehensive o General Liability Endorsement o 12. A Oi deductible or o self-insured retention (check one) of$5,000 applies to all coverage(s) except: (if none, so state). The deductible is applicable o per claim or 1§ per occurrence (check one). 13. This is an I occurrence or o claims made policy (check one). 14. This endorsement is effective on JUNE 19, 2012 at 12:01 a.m. and forms a part of Policy Number CA000006515-08 I, LOWELL BASSETT (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 JUNE 20 , 2012 glAt 1)44 a/5 Wi Signature of Authorized Representative (Original signature only; no facsimile signature Telephone No.: ( 206 ) .467-6511 or initialed signature accepted) C- 18 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Venco Wester , Inc. z4oOEastman Avenuo Oxnard, CA /Vao,eand address o/na/nod�,au/ed �/Insured'): � American States Ins.Co. Name and address of Insurance Company l' 1758erkaleyOu, Boaton MA 02166 _ General description of agreement(s , permit(s,), license(s)' and/bra u} /nou/oct |ondscape MAINTENANCE LABOR FOR CITY PROGRAM ACTIVITIES AND RIGHT OF WAY LANDSCAPE MAINTENANCE TASKS 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 City of Rancho Palos Verdes ("Public Agency"), its elected offio|a>s, offioene, attorneys, egente, ernp(oyeee, and volunteers are additional insured (the above named additional insured are hereafter referred to as the"Additional Insured") 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 Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage's afforded the Additional Insured under the Policy shall be primary inouranoe, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage's 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 ternoa, 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 obove, between the Named Insured and the Additional Insured. 6. The policy to which this endorsement is attached shall not be subject to cenma||otion, change in ooverege, 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 provioion, 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|neured,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 Insured. 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 The City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10. Except as stated above and not in conflict with this endoroa/nent, nothing contained herein shall be held to vvaive, alter or extend any of the Umits, egneernents, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES pRomTo LIABILITY Commercial Auto 2/1/12-2/1/13 $1.000.000 CSL _____ ' '- ' ' __. 11. Scheduled items or locations are to he identified on an attached sheet. The following inclusions relate to the above coverage's. Includes: X Any Automobiles \ Truckers Coverage \ All Owned Automobiles \ Motor Carrier Act � \ Non-owned Automobiles > Bus Regulatory Reform Act ^ \ Hired Automobiles \ Public Livery Coverage ~ Scheduled Automobiles \ ______ ~ � Garage Coverage 12. A deductible or o self-insured retention ('check one) of$ -0- applies to all coverage(s) except:nonoffnone, so state). The deductible is applicable G per claim or C per occurrence 'check one). 13. This is an X occurrence or o claims made policy (check one). 14. This endorsement is effective on 2/1/12 at 12:01 a.m. and forms a part of Policy Number 01C1434447 . I, ~~�'�� fri265 � ,��n�ww°~�� _�� . (print ne/ne), hereby declare under penalty of perjury ander 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. -T� . ,-Th �xecu��dL ~ \ �� . 2OIc�` j.iie,:e;,.......:1%, - P' li � _ �~'lr .0~~4XPPII: iz-d Representative (Original signature only; no facsimile signature Telephone No.: ( 805 ) 5.85-6100 or initialed sina/umeeccep/ed) C-20 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured Inxedl. Name and ac/dress of Insurance . MAINTENANCE LABOR FOR CITY PROGRAM ACTIVITIES AND RIGHT OF WAY LANDSCAPE MAINTENANCE TASKS General description of agrepermit(s), license(s), and/or 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 ("PublicAgency"), its elected offioia|m, officers, attorneys, egente, emnp|oyoea, and volunteers are additional insured (the above named additional insured are hereafter referred to as the"Additional Insured") under the Policy in relation to those activities described generallyobovevithregeroYo operations performed by or on behalf of the Named Insured. The Additional Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage's afforded the Additional Insured under the Policy shall he primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to Y ib te withth insurance coverage's 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 in or executed in conjunction with the written agreement(s)or permit(s) designated above, between the Named Insured and the Additional Insured. 6. The policy to which this endorsement id shall not be subject to cancellation, change in ooverege, reduction of limits (except as the result of the payment of n|mimna), or non- renewal excet aftr written notice to Public Agencyby certified mailreturn receipt requestednot 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 Insured,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 Insured. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the ve|idity, oonotruotion, interpnetohon, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency �� N�^ ��/ City Manager The 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 vvaive, alter or extend any of the|imite,aQreernents, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT AT I-ACHES FROM/TO LIABILITY o Following Form u Umbrella Liability 11. Applicable underlying coverage's: INSURANCE COMPANY POLICY NO AMOUNT 12. The following ino|uaiona, e:o|uoione, extensions or specific provisions relate to the above coverage's: 13. A o deductible or o self-insured retention (check 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 o occurrence or o claims made policy (check 15. This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number__ /o//n/ //e/neA, 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___ Snature of Authorized Representative ACCPRD® DATE(MNYDD/YYYY) CERTIFIATE OF LIABILITY INS( ANCE 5 24 2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Helen F Westfall TWIW Insurance Services LLC - #0E52073 HSo.Exfl: (805)585-6124 No): (805)585-6224 196 S. Fir Street E-MAIL ADDRESS:hwestfall@twiw.com PO Box 1388 INSURER(S)AFFORDING COVERAGE NAIC# Ventura CA 93002-1388 INSURER A:Admiral Ins Co 24856 INSURED INSURER B:American States Ins Co 19704 INSURER C:RSUI Indemnity Co 22314 Venco Western Inc. INSURER D:Everest National Ins Co 10120 2400 Eastman INSURER E: Oxnard CA 93030 INSURER F: COVERAGES CERTIFICATE NUMBER:12/13 GL/AU/XS/WC/AU REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR B.MAID, POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYYL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 50,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A CLAIMS-MADE X OCCUR CA000006515-08 2/1/2012 2/1/2013 MED EXP(Any one person) $ Excl *EXCLUDES ALL WRAP/OCIP PERSONAL&ADV INJURY $ 1,000,000 WORK PER CG21540196* GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 _ 7 POLICY n Pe-i 1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 01CI434447-2 2/1/2012 2/1/2013 BODILY INJURY(Per accident) $ AUTOS AUTOS , NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) - Medical payments $ _ UMBRELLA LIAB X OCCUR MHN229804 2/1/2012 2/1/2013 EACH OCCURRENCE $ 1,000,000 C X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION$ _ $ D WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 11/1/2011 11/1/2012 (Mandatory in NH) 7600006271111 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below _E.L.DISEASE-POLICY LIMIT $ 1,000,000 B Excess Auto Liability 01XS155861-4 2/1/2012 2/1/2013 EACH OCCURANCE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) GL/AUTO: Certificate Holder, its officers, employees, attorneys, and volunteers are Additional Insured as respects sweeping operations per the attached CG20100704 (GL) CA71100307 (AUTO) as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 AUTHORIZED REPRESENTATIVE Jeff Dodds/HELENW _� I ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD • Policy Number:CA000006515-08 CC 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s)Of Covered Operations ANY PERSON OR ORGANIZATION THAT 1S AN OWNER ALL LOCATIONS OTHERWISE COVERED BY OF REAL PROPERTY OR PERSONAL PROPERTY ON THIS INSURANCE WHICH YOU ARE PERFORMING ONGOING OPERATIONS, OR A CONTRACTOR ON WHOSE BEHALF YOU ARE PERFORMING ONGOING OPERATIONS,BUT ONLY IF COVERAGE AS AN ADDITIONAL INSURED IS REQUIRED BY A WRITTEN CONTRACT OR WRITTEN AGREEMENT 'MAT I IS AN"INSURED CONTRACT",RACI".AN D PROVIDED THAT THE"BODILY INJURY","PROPERTY DAMAGE"OR "PERSONAL AND ADVERTISING INJURY"FIRST OCCURS SUBSEQUENT TO THE EXECUTION OF THE CONTRACT OR AGREEMENT. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II—Who Is An Insured is amended to This insurance does not apply to"bodily injury"or include as an additional insured the person(s)or "property damage"occurring after: organization(s)shown in the Schedule,but only with 1. All work,including materials,parts or equipment respect to liability for"bodily injury","property furnished in connection with such work,on the damage"or"personal and advertising injury"caused, project(other than service,maintenance or in whole or in part,hy: repairs)to be performed by or on behalf of the 1. Your acts or omissions;or additional insured(s)at the location of the 2. The acts or omissions of those acting on your covered operations has been completed;or behalf; 2. That portion of"your work"out of which the in the performance of your ongoing operations for the injury or damage arises has been put to its additional insured(s)at the location(s)designated intended use by any person or organization other above_ than another contractor or subcontractor engaged in performing operations for a principal as a part B. With respect to the insurance afforded to these of the same project. additional insureds,the following additional exclusions apply: CG 20 10 07 04 ©ISO Properties,Inc.,2004 Page 1 of 1 0 • ""REPRINTEDFROA"THE ARCHIVE THE ORIGINAL TRANSACTION WAY INCLUDEADOMONAL FC•Fti►MS SA‘ co :ti °Y COMMERCIAL AUTO CA 71 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION BLANKET ADDITIONAL INSURED Paragraph 2.b. of the CANCELLATION Common SECTION II — LIABILITY COVERAGE —A.1, WHO • Policy Condition Is replaced by the following: IS AN INSURED provision is amended by the addition of the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. e. Any person or organization for whom you are re- quired by an 'Insured contract"to provide insur- TEMPORARY SUBSTITUTE AUTO — PHYSICAL ance is an "insured', subject to the following DAMAGE COVERAGE additional provisions: C. — CERTAIN TRAILERS, MO- ('1) The Insured contract" must be in effect Under paragraph during the policy period shown in the Decla- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE rations, and must have been executed prior AUTOS of SECTION 1 -- COVERED AUTOS, the to the may injury" or "property damage". following is added: (2) This person or organization is an Insured" If Physical Damage coverage is provided by this Coy- only to the extent you are liable to your erage Form, then you have coverage for: ongoing operations for that insured,whether the work is performed by you or for you,and Any "auto" you do not own while used with tie per- only to the extent you are held liable for an mission of its owner as a temporary substitute for a "accident" occurring while a covered 'auto" covered "auto" you own that is out of service be- is being driven by you or one of your em- cause of Its breakdown, repair, servicing, `loss" or ployees. destruction. (3) There is no coverage provided to this person or organization for 'bodily injury" to its em- BROAD FORM NAMED INSURED ployees, nor for "property damage' to its property. SECTION 11 — LABILITY COVERAGE -- A.1.WHO IS AN INSURED provision is amended by the addition (4) Coverage for this person or organizaticn of the following: shall be limited to the extent of your negli- gence or fault according to the applicab e d. Any business entity newly acquired or formed by principles of comparative negligence or fault you during the policy period provided you own (5) The defense of any claim or "suit" must be 50% or more of the business entity and the tendered by this person or organization as business entity is not separately insured for soon as practicable to ail other insurers Business Auto Coverage. Coverage is extended which potentially provide insurance for such up to a maximum of 180 Gays following acquisi- claim or"suit". tion or formation of the business entity.Cove'age under this provision is afforded only until the end of the policy period. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1997 Sareco and Me Sreco logo are reaiScarec trademarks of Safe= Gorporxicn CA 71 10 03 07 Page 1 of 6 Er ""F1f-PRIN1 F1)FRC)M FHF ARC:IuuVF THF OIRIGINAI r1.2ANSAC:1 ION MAY INC"IOF Af)f)ITIONAI FC)RMS (6) The coverage provided will not exceed the PERSONAL EFFECTS COVERAGE lesser of: A. SECTION III — PHYSICAL DAMAGE COVER- (a) The coverage and/or limits of this policy; AGE, A.4. COVERAGE EXTENSIONS, is or amended by adding the following: (b) The coverage and/or limits required by c. Personal Effects Coverage the "insured contract". For any Owned "auto" that is involved in a (7) A person's or organization's status as an covered `loss", we will pay up to $500 for Insured" under this subparagraph d ends "personal effects" that are lost or damaged when your operations for that "insured" are as a result of the covered "loss-, without completed. applying a deductible. EMPLOYEE AS INSURED EXTRA EXPENSE —BROADENED COVERAGE Under Paragraph A. of Section II -- LIABILITY COV- Paragraph A. — COVERAGE of SECTION Ill — ERASE tern f. is added as follows: PHYSICAL DAMAGE COVERAGE is amended to add: Your "employee"while using his owned "auto",or an "auto" owned by a member of his or her household, 5. We will pay for the expense of returning a stolen in your business or your personal affairs,provided you covered "auto"to you. do not own, hire or borrow that "auto".This coverage is excess to any other collectible insurance coverage. AIRBAG COVERAGE FELLOW EMPLOYEE COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is Exclusion 5. FELLOW EMPLOYEE of-SECTION ii — added: LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. However, this exclusion does not apply if the "bodily injury" results from the use of a covered "auto" you NEW VEHICLE REPLACEMENT COST own or hire, and provided that any coverage under this provision only applies in excess over any other Under Paragraph C -- LIMIT OF INSURANCE of collectible insurance. Section III --PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: BLANKET WAIVER OF SUBROGATION 2. An adjustment for depreciation and physical con- We waive the right of recovery we may have for pay- dition will be made in determining actual cash ments made for 'bodily injury" or 'property damage" value In the event of a total loss. However, in the on behalf of the persons or organizations added as event of a total loss to your 'new vehicle" to "Insureds" under Section II --LIABILITY COVERAGE which this coverage applies, as shown in the -- A.1.D. BROAD FORM NAMED INSURED and declarations,we will pay at your option: A.1.e. BLANKET ADDITIONAL INSURED. a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- PHYSICAL DAMAGE ADDITIONAL TRANS- cludirsg any insurance or warranties pur- PORTATION EXPENSE COVERAGE chased; The first sentence of paragraph A.4. of SECTION III b. The purchase price, as negotiated by us, of — PHYSICAL DAMAGE COVERAGE Is amended as a new vehicle of the same make, model and follows: equipment, not including any furnishings, parts or equipment not installed by the We will pay up to $50 per day to a maximurn of manufacturer or manufacturer's dealership. $1,500 for temporary transportation expense Incurred If the same model is not available pay the by you because of the total theft of a covered "auto" purchase price of the most similar model available; of the private passenger type. Page 2 of 6 9 UNANIMOIN WRITTEN (..X)NSENT OF TILE SHAREHOLDERS AND BOARD OF DIRECTORS OF VENCO WESTERN,INC., a (..!alifornia corporation The undersigned, being all of the directors and shareholders of VENCO WESTERN. Ii I( a California corporation, unanimously adopt, approve, and conseut. to the fbllowin-2 resolution: RESOLVED, that the follo-winig persons are the current officitrs and directors of the corporation: Linda Dcl Nagro Burr-President and Chief'Executive Officer, Director Peter R. Christl-Secretary and Chief Financial Officer,Director RESOLVED FURTI1ER.that Linda Del Nagro Burr, in her capacity as Present and Chief Executive Officer., is hereby authorized to execute any and all contracts, and any related documents, on behalf of the corporation. SHAIZEH(:).tipE RS: fi I . , , , 2 ) .) Dat11 d: '-, i 1 t.."/ .' / '1, ( il i/ ' , , / ' - - ( ., --;,- , -- . ,,,, .'‘,- - i --. 3., .0 ' LINDA DEL NAGRO BURR.1 rustee of the Del Nagro Family Trust Dated January 26,2006 Dated: DAVJD A.DEL NAGR().Tr6stee of the Del Nagro Family Trust Dated January 26,2006 Dated: ,,rii .,,. 4/... ‹. ..- .6 ....._______ PETER t.fCHRISTL. Trustee of the Christi Family Trust Dated February 17,2006 DIRECTORS: . .... , I ( I I / ' i . .• , , i Dated: ,:i it') ?I.::It i''' ,' i*:, ..(,/,.._:_t-, ,,,,, - - ., I : i 1, ,, ; ,11,1, !JANDA DEL NA GRO BURR 6/ Dated: rh f§//11,.. 0_, d'v PETER -t. CHRISTI, 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 (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 living rates of wages to workers and the penalties for failure to pay living 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 living 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 or by 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 of its 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 provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Date Signature C- 15 0 ill INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: MAINTENANCE LABOR FOR CITY PROGRAM ACTIVITIES AND RIGHT OF WAY LANDSCAPE MAINTENANCE TASKS Indemnitor(s) (list all names): 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, materialmen, 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'sole negligence 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 coverage's, 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 Name By: By: Its Its C- 16 0 0 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured("Named Insured'): Name and address of Insurance Company("Company'): MAINTENANCE LABOR FOR CITY PROGRAM ACTIVITIES AND RIGHT OF WAY LANDSCAPE MAINTENANCE TASKS 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 ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insured (the above named additional insured are hereafter referred to as the"Additional Insured") 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 Insured have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverage's afforded the Additional Insured under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insured shall be called upon to contribute with the insurance coverage's 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 in or executed in conjunction with the written agreement(s) or permit(s)designated above, between the Named Insured and the Additional Insured. 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 Insured,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 Insured. 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 C-14 0 0 City Manager The 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 0 11. Applicable underlying coverage's: INSURANCE COMPANY POLICY NO. AMOUNT 12. The following inclusions, exclusions, extensions or specific provisions relate to the above coverage's: 13. A ❑ deductible or o self-insured retention (check one) of$ applies to all coverage(s) except: (if none, so state). The deductible is applicable 0 per claim or❑ per occurrence (check one). 14. This is an o 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 Exhibit F 0 • (Original signature only; no facsimile signature Telephone No. : ( ) or initialed signature accepte Exhibit F