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STL Landscape Inc RECORDING REOUESTEb BY: City of Rancho Palos Verdes WHEN RECORDED MAIL 70. Name City Clerk Cityof Rancho Palos Verdes 07/20/2017 Street Address 30940 Hawthorne Blvd. 1111111 I Hill 1111 city Rancho Palos Verdes StateCA *20170813793* Zip 90275 t. J Space above this line for recorder's use A/VOLCOITS FORMS INC. SINCE 1893 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion.(See reverse side for complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the owner is The City of RanchoTalos Verdes 3. The full address of the owner is 30940 Hawthorne Blvd.,Rancho.P los Verdes,CA 90275 4. The nature of the interest or estate of the owner is: In fee. (II other than Fee,strike'In lee'and insert,for example,'purchaser under contract of purchase.'Or'Lessee') 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on June 29,2017 .The work done was: Hawthorne Boulevard R-Q-W Beautification Project 8. The names of the contractor,if any,for such work of improvement was STL Landscape,Inc. (If no contractor for work of improvement as a whole.insert'None') (Date of Contract) 9. The property on which said work of improvement was completed is in the City of Rancho Palos Verdes County of Los Angeles ,State of CA ,and is described as follows: Hawthorne Boulevard median • 10. The street address of said property is Hawthorne Boulevard from Indian Peak Rd to Locklenna Ln,R.P.V.,CA 90275. (II no street address has been officially assigned,insert'none'.) Dated VII 4t, I t 1 MA") (Signature of Owner or corporate officer of Owner named in paragraph 2.or his agent) City of Rancho Palos Verdes VERIFICATION I,the undersigned,say:I am the City Clerk ,the Declarant of the foregoing Notice of Completion; (President of,Manager of,Partner of.Owner of etc.) I have read said Notice of Completion and know the contents thereof;the ame's true to my own knowledge.I declare under penalty of perjury that the foregoin is true and correct. c Executed on ,20 17 at Rama Vilgo.es , CA (Personal signature of I •'vidual who r.swea that the cotents of the Notice of Completion are true) Before you use this form fill in all blanks,and mke whatever chanes are appr.. ':purpose rP. .= -:sary , '111010 9 to your particular transaction.Consult a lawyer if you doubt the forms fitness or your u ose and use. Wolcotts makes no representation or warranty, express or implied,with respect to the merchantability 7 67775 01114 2 or fitness of this form for an intended use or purpose. C2005 WOLCOTIS FORMS,INC. FORM 1114 Rev.10-05 DO NOT RECORD THIS PAGE REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one co-tenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3, 5 and 6, the full address called for should include street number, city, county, and state. As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words "A work of • improvement" from paragraph 7 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundation for the improvements"); (2) Insert the name of the contractor under the particular contract in paragraph 8. In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need to given if there is no general contractor, e.g. on so- called "owner-builder jobs." In paragraph 9, insert-, the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority. AThis page is part of your of document20170813793 11111111010111111111111110111M1111 Pag: 4n15� Records �!fr' Recorder's Angeles 1=� FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 Illy Ill I IIII Hiornia III III I I IIllII HI IIU l I III I IIILEADSHEET �I III II III I 1 III I III II II I DIII IIII Oil 111V III201707203350028 00013999733 II II II UI 01110111111101111011011111 II III SEQ: 01 111101 III HI IIII IWII I I IllEltl II IIRII @ - IIII11IIIIRIIINIIIIIItllllllllllllllllllM CITV OF RANCHO PALOS VERDES OFFICE OF THE CITY CLERK July 26, 2017 Merchants Bonding Company (Mutual) 6700 Westown Parkway West Des Moines, Iowa 50266 Subject: Notice of Completion — STL Landscape Inc. — Hawthorne Blvd Median from Indian Peak Road to Locklenna Lane Dear Sir or Madam: Enclosed is a copy of the Recorded Notice of Completion from the Los Angeles County Recorder's Office for STL Landscape Inc. for the Hawthorne Blvd Median from Indian Peak Road to Locklenna Lane. Your company issued Performance Bond No. CAC 713316 pertaining to this project. This letter confirms the City's release of that performance bond. Sincerely, Teresa Takaoka Deputy City Clerk Enclosure cc: Interim Director of Public Works Rodrigue Assistant Engineer Flannigan 30940 HAWTHORNE BLVD./RANCHO PALOS VERDES,CA 90275-5391/(310)544-5217/FAX(310)544-5291/www.RPVCA.GOV PRINTED ON RECYCLED PAPER CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION PROJECT THIS AGREEMENT ("Agreement") is made and entered this 2nd day of February, 2016, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City")and STL Landscape, Inc. ("Contractor"). Contractor's license number is 956281. 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 HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION PROJECT ("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 Proposal, Appendices I AND II, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are on file with the Department of Public Works 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. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 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. R6871-0001\1800726v2.doc CITY OF RANCHO PALOS VERDES PUBLIC WORKS AGREEMENT HAWTHRONE BLVD. RIGHT OF WAY BEAUTIFICATION PROJECT THIS AGREEMENT ("Agreement") is made and entered this 2"d day of February, 2016, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and etttandscape, Inc. ("Contractor"). Contractor's license number is 956281. Sl L In consi eration 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 HAWTHRONE BLVD. RIGHT OF WAY BEAUTIFICATION ("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 Proposal, Appendices I AND II, and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any said documents), which are on file with the Department of Public Works 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. Effective Date. This Agreement is effective as of the date listed above, and shall remain in full force and effect until Contractor has rendered the services required by this Agreement. 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. C-1 6. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor a not to exceed amount of One Hundred Forty Thousand Dollars ($140,000.00) in accordance with the prices as submitted in Contractor's Proposal, attached hereto as Exhibit"A" 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 C-2 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 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 final 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. Default and Remedies. Default shall consist of any failure by the Contractor to perform under this Agreement or written amendments thereto or any breach of any covenant, agreement, provision or warranty provided by the Contractor as a part of this Agreement. Actions which constitute a default include, but are not limited to: (1) failure to submit to the City reports which are required pursuant to this Agreement or the submission of required reports that are incorrect or incomplete; (2) submission of requests for payment or reimbursement of amounts that are incorrect or incomplete; (3) the failure of Contractor to accept any additional conditions which may be required by law, by executive order, by regulation or by other policy announced by the City, the state or any federal agency; or (4) failure to perform any activity required by this Agreement. C-3 Upon occurrence of any default, the City shall advise Contractor in writing of the action constituting the default, and specify the actions that must be taken to cure the default. The City may suspend payment under the Agreement. If Contractor does not cure the default within thirty (30) days of receipt of written notice from the City, the City may continue the suspension or, by written notice of termination, may terminate this Agreement. Notwithstanding the above, Contractor shall not be relieved of liability to the City for damage sustained by the City by virtue of any default or breach of the Agreement, and the City may deduct the amount of damages from any outstanding payments to Contractor or may withhold payments until such time as the exact amount of the damages is determined. 13. Termination. This Agreement may be canceled by the City at any time with or without cause without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, City shall pay Contractor for all services satisfactorily rendered prior to date of termination as determined by the City, and such payment shall be in full satisfaction of all services rendered hereunder. 14. Indemnity. a) Contractor's Duty. To the maximum extent permitted by law, Contractor shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, successors, assigns, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, proceedings, suits, losses, bid protests, stop notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of or incident to any act, failure to act, error or omission of Contractor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising out of the Agreement, including without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually, a "Claim," or collectively, "Claims"). Further, Contractor shall appoint competent defense counsel approved by the City Attorney at Contractor's own cost, expense and risk, to defend any and all such Claims that may be brought or instituted against Indemnitees. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against Indemnitees in any such Claim. Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Contractor or Indemnitees. This indemnity shall apply to all Claims regardless of whether any insurance policies are applicable. b) Bid Protests. In addition to its obligations pursuant to Section 13(a), Contractor shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest. C-4 c) Civil Code Exception. Nothing in Section 13(a) shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code section 2782(a) or the City's active negligence to the limited extent that the underlying Agreement is subject to Civil Code section 2782(b). d) Nonwaiver of Rights. Indemnitees do not and shall not waive any rights that they may possess against Contractor because the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 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. e) Waiver of Right of Subrogation. Contractor, 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 arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. f) Survival. The provisions of this Section 13 shall survive the termination of this Agreement and are in addition to any other rights or remedies that 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 a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 15. 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; Additional Insured Endorsement (Comprehensive General Liability); Additional Insured Endorsement (Automobile Liability); and Additional Insured Endorsement (Excess Liability). 16. Record-Keeping and Reporting. a) Records to be Kept. Certified payroll document documents shall be kept and maintained by the contractor for a period of three years. Record drawings shall be kept during construction by the contractor and presented to the City prior to project close out. b) Documentation of Costs. All costs shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, orders or other accounting documents. All documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. c) Inspection of Records. At any time during normal business hours and as often as City may deem necessary, the Contractor shall make available to any of these entities for examination all of its records, with respect to all matters covered by this Agreement, and will permit any of these entities to audit, examine and make C-5 excerpts or transcripts from such records, including contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to matters covered by this Agreement. 17. Antitrust Claims. In entering into this Agreement, 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 final payment to Contractor without further acknowledgment by the parties. 18. 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. 19. Utilities. The City acknowledges its responsibilities under Government Code section 4215 and incorporates that section herein by this reference. 20. 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. 21. 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 C-6 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. 22. 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. 23. Workers' Compensation. 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." 24. 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. 25. 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. 26. 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. 27. 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. 28. Bonds. Contractor shall obtain faithful performance and payment bonds, each in an amount that is not less than the total compensation amount of this Agreement, 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. Contractor shall also obtain a one-year warranty bond in an amount that is not less than the total compensation amount of this Agreement and in a form approved by the City Attorney and shall deliver C-7 this bond to the City before the City's acceptance of the project; alternatively, the Contractor shall submit written evidence from the surety of an extension to its performance bond, to be effective for a year after acceptance by the City, and shall submit this extension before the City's acceptance of the Project. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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, C-8 nor any provision or breach waived, except in a writing signed by both parties which expressly refers to this Agreement. 37. 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. 38. 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 Contractor 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 Contractor, 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. 39. 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: Michael Throne, Director of Public Works City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 To CONTRACTOR: The address listed in Exhibit "A." 40. Counterparts. This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes. 41. 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. 42. Location of Existing Elements. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the 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. C-9 43. 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, including those governing the funds provided under this Agreement. 44. Ownership of Documents and Work Product. a) All final documents, plans, specifications, reports, information, data, exhibits, photographs, images, video files and media created or developed by CONSULTANT pursuant to this Agreement ("Written Products") shall be and remain the property of the CITY without restriction or limitation upon its use, duplication or dissemination by the CITY. All Written Products shall be considered "works made for hire,"and all Written Products and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of the CITY without restriction or limitation upon their use, duplication or dissemination by the CITY. CONSULTANT shall not obtain or attempt to obtain copyright protection as to any Written Products. CONSULTANT hereby assigns to the CITY all ownership and any and all intellectual property rights to the Written Products that are not otherwise vested in the CITY pursuant to this paragraph. b) CONSULTANT warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the services and the production of all Written Products produced under this Agreement, and that the CITY has full legal title to and the right to reproduce the Written Products. CONSULTANT shall defend, indemnify and hold the CITY, and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of CITY officials, harmless from any loss, claim or liability in any way related to a claim that CITY's use of any of the Written Products is violating federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. CONSULTANT shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the services and Written Products produced under this Agreement. In the event the use of any of the Written Products or other deliverables hereunder by the CITY is held to constitute an infringement and the use of any of the same is enjoined, CONSULTANT, at its expense, shall: (a) secure for CITY the right to continue using the Written Products and other deliverables by suspension of any injunction, or by procuring a license or licenses for CITY; or (b) modify the Written Products and other deliverables so that they become non-infringing while remaining in compliance with the requirements of this Agreement. This covenant shall survive the termination of this Agreement. c) Upon termination, abandonment or suspension of the Project, the CONSULTANT shall deliver to the CITY all Written Products and other deliverables related to the Project without additional cost or expense to the CITY. If CONSULTANT prepares a document on a computer, CONSULTANT shall provide CITY with said document both in a printed format and in an electronic format that is acceptable to the CITY. C-10 45. Amendment. The City or Contractor may only modify or amend this Agreement or any provision herein in a writing signed by both parties which expressly refers to this Agreement. The City may, at its discretion, amend this Agreement to conform with federal, state or local governmental guidelines, policies and available funding amount, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as a part of this Agreement, such modifications will be incorporated only by written amendments signed by both the City and Contractor. [signatures on next page] C-11 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written. CITY OF RANCHO PALOS VER D ES By: - ' Ma �. ATTEST APPROVED AS TO Fe'M: By: _ Atihj_/./' /11 By: Clerk � City C e ty Attorney 61-1- Dated: sLDated: ik &L'r'Landscape, Inc. ("CONTRACTOR") By: P Name: rgli Cid rro 1-err, Title: If sole propri= or y y one si•nature is required, By: G� � Printed ame: "PA-IQ Title: C-12 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) February9, 2016 Ivonne Loera-Khatib On before me, P(insert name and ti ie of the ogler) personally appeared Feliciano Loera and Dan Patterson who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)-&are subscribed to the within instrument and acknowledged to me that they executed the same in hic/her,/their authorized capacity(ies), and that by Weser/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. : IVONNE LOERA-KHATIB WITNESS my hand and o, eal. y~ �` Commission#2028598 o Notary Public-California z 1,' Los Angeles County J J__ ylfC,,orm Expires Jun 1_1,20,24 Si natur�/�' ' ` (Seal)9 1 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. Contractor acknowledges that the project as defined in this Agreement between Contractor and the City, to which this Agreement to Comply with California Labor Law Requirements is attached and incorporated by reference, is a"public work"as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code("Chapter 1"), and that this Agreement is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b)the rules and regulations established by the Director of Industrial Relations ("DIR") implementing such statutes. Contractor shall perform all work on the project as a public work. Contractor shall comply with and be bound by all the terms,rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification,or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 4. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City,forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 5. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to(1)keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (2)certify and make such payroll records available for inspection as provided by Section 1776, and (3)inform the City of the location of the records. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Administrative Code title 8, section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty(60) its after concluding work pursuant to this Agreement, Contractor and each of subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. 7. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25)for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours inany one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. C-20 R6871-000111800726v2.doc Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of 8 hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay. 8. 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." 9. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 10. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials,and volunteers from and against any demand or claim for damages,compensation,fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity(including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive termination of the Agreement. Date 2/12/16 Signature 1: Signature 2: 2/12/16 Si Date 9 C-21 R6871-000111800726v2.doc INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: Hawthorne Blvd Right of Wa Beautification Indemnitor(s) (list all names): STL Landscape, Inc. 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 coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the indemnitees, while acting within the scope of their duties,from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior,concurrent,or subsequent active or passive negligence by the Indemnitees. In the event there is more than one person or entity named in the Agreement as an Indemnitor,then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. "Indemnitor" Name Feliciano Loera Name Dan Pa .ons By: By: .de' s Pr-sident - ry ecreta C-22 R6871-000111800726v2.d oc $2016.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE EXECUTED IN DUPLICATE Bond No. CAC 713316 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes("Public Agency"), has awarded to STL Landscape, Inc. — 8122 Compton Ave., Los Angeles, CA 90001 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: Hawthorne Blvd.Right of Way Beautification Project WHEREAS,Principal is required under the terms of the Contract to file a good and sufficient performance bond with the Public Agency for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and Merchants Bonding Company (Mutual) 6700 Westown Parkway, West Des Moines, Iowa 50266 (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 FORTY THOUSAND AND NO/100 Dollars($140,000.00*********,(the "Penal Sum"), this amount being not less than one hundred percent (100%) of 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 provisions 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, employees, 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, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 sections 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto. C-17 R6871-000111800726v2.doc 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: February 5, 2016 "Principal" "Surety" STL Landscape, Inc. Merchants Bonding Company (Mutual) /Air By:--- p By: °uktjj Dan Pa terson—Corp. Secretary Les M. Mantle—Attorney in Fact By: By: Its � Its ,.. (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT ALESHIRE&WYNDER,LLP 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 C- 18 R6871-000111800726v2.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validityof that t. document. State of California County of Orange On before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared Les M. Mantle Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'tyL whose name subscribed to the within instrument � and acknowledged to me that he executed the same in his7tipcOetr authorized capacity, and that by his7tyetTt r signature on the instrument theerson (?) or the entity upon behalf of which the p rerso � acted, executed the instrument. p ` I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARY MARTIGNONI WITNESS m z ;\ COMM.#2123099 my hand and official seal. T tom": NOTARY PUBLIC•CAUF RNIA �+ t, ORANGE COUNTY 't""� MY COMM.EXPIRES SEPT 9,2019 Signaturse CW\C1--a:) Signat of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): E Partner — ❑ Limited ❑ General C► Partner — ❑ Limited ❑General Individual Attorney in Fact E Individual E Attorney in Fact Eli Trustee ❑Guardian or Conservator ❑Trustee E Guardian or Conservator Li Other: ❑ Other: Signer Is Representing: Merchants Bonding Signer Is Representing: Company (Mutual) g L ' ''�%C• • _. "NAC. ' - - -' -t\_:.\_,.� - _ `r `LVW& ©2014 National Notary Association •www.NationalNotary.org - - ry g 1 800 US NOTARY(1-800-876-6827) Item#5907 , MERCHAN'TN\ BONDING COMPANY.. POWER OF ATTORNEY Know All Persons By These Presents.that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING. INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Les M Mantle • their true and lawful Attorney(s)-in-Fact,to make.execute,seal and deliver on behalf of the Companies.as Surety,bonds,undertakings and other written obligations in the nature thereof.subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION(520,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23.2011 and adopted by the Board of Directors of Merchants National Bonding.Inc.,on October 24,2011. "The President.Secretary.Treasurer.or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attomeys-in-Fact.and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto.bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authonzing the execution and delivery of any bond,undertaking.recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee.shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only.it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof.the Companies•have.caused this instrument to be signed and sealed this 15th day of August , 2015 . ��.�''•��•�ll�1�,�~''•.,,. •'.•.-••.. i C�•.• MERCHANTS BONDING COMPANY(MUTUAL) �' •••% ��. ••:,o: MERCHANTS NATIONAL BONDING,INC. . y; '00R4•.� • .••0ORPOA ..9 • •? 2 .% 2_>r3 _ . .y• 1933 .�; •...?6,;. • 1►• By /(-177 7-7,f,,,...._ ...A . STATE OF IOWA .v‘ . %} ••� •......,v----- . (• • COUNTY OF �'••�.......��•�'` ••••••• Dallas ss. President On this 15th day of August . 2015 .before me appeared Larry Taylor.to me personally known.who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,,,R'fc s� WENDY WOODY , Commiss,on Number 784'654 • JP .:4:,....4).. pty Comm sslon Expires , :044. June 20.2017 Notary Pub!, , -• County.Iowa (Expiration of notary's commission does not invalidate this instrument) I.William Warner,Jr..Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC.. do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Com anies. which is still in full force and effect and has not been amended or revoked. p In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 5th day of February, 2016 . ....,.../....,..„ •..•••.. ,110/44 ~••. ••��HG CO • • . i .• _..n.....0 ... .•,_p..„,tik p 0,94-...c.. 2/ __. ,,/ €7 - */: Qv"4,-.0 t • *9: ,`) -40.A• .,4r, - ..m..4..c/... . ...ee...Z...4,-,7.....,A �i ~ �- V•.- . •�•� -o- •�•,�• 4: :--: •z: :3• Secretary i% 20 03 :•z :y; 1933 •-'e •S, .J• 6•. .*• POA 0014 1 6115) • ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) tib Kh Loera- ar� Pibi;c_. On February 9, 2016 before me, Ivonne , (insert name and title of the cer) personally appeared Dan Patterson who proved to me on the basis of satisfactory evidence to be the person(g)whose name(e) is/afe- subscribed to the within instrument and acknowledged to me that he/ executed the same in his/ ' authorized capacity(es}, and that by hisaieFitiieif signature(s) on the instrument the person*, or the entity upon behalf of which the person(e)-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. IVONNE LOERA-KHATIB WITNESS my hand and official seal. ":4- Commission#2028598 a • Notary Public-California z z '•�1./, > z(.. 0Los Angeles County My Comm.Expires Jun 11,2017 ---------- ---- - - --- Signature (Seal) PREMIUM INCLUDED IN PERFORMANCE BOND Bond No. CAC 713316 EXECUTED IN DUPLICATE PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: --- - WHEREAS the City of Rancho Palos Verdes, California ("Public Agency"), has awarded to STL Landscape, Inc. — 8122 Compton Ave., Los Angeles, CA 90001 (Name and address of Contractor) ("Principal"), a contract (the "Contract"), which is incorporated herein by this reference, for the work described as follows: Hawthorne Blvd. Right of Way Beautification Project WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to file a good and sufficient payment bond with the Public Agency to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law. NOW, THEREFORE,we,the undersigned Principal, and Merchants Bonding Company (Mutual) 6700 Westown Parkway, West Des Moines, Iowa 50266 (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 and all subcontractors,laborers,material persons,and other persons employed in the performance of the Contract in the penal sum of ONE HUNDRED FORTT THOUSAND AND NO/100****************************** Dollars($ 140,000.00************* ) (the "Penal Sum"), this amount being not less than one hundred percent(100%)of 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 9100 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 9100 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, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the Public Agency in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 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 there C- 15 R6871-0001\1800726v2.doc under, 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 there under. Surety herebywaives the provisions of California Civil Code sections 2845 and 2849. 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 dulysigned byits undersigned representative(s) 9 9pursuant to authority of its governing body. Dated: February 5, 2016 "Principal" "Surety" STL Landscape, , nc. / Merchants Bonding Company (Mutual) By: - By. Dan Pat erson-Corp. ecretary L M. Mantle-Attorney in Fact By: By: Its Its (Seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL APPROVED AS TO FORM: AMOUNT ALESHIRE&WYNDER,LLP 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. C- 16 R6871-000111800726v2.doc , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •.,---i....•..,_v..v..—ss/-4;.s,:c�.._4 .wte.v..s.....<a�.:�:A.c\ <.v..^ .71,g..-ii <.v t:�.17s..�•:c�.v,.—sS..—v,.s‘.—v,.t.v..�.71,.s,.vk.9.t.s•.s,_v.<.9.. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validityof that g Y document. State of California ) County of Orange ) On c� - ~Ci6 before me, Mary Martignoni — Notary Public Date Here Insert Name and Title of the Officer personally appeared Les M. Mantle Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person�'whose name is, live subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his7tyg1t signature on the instrument theerson or the entity upon behalf of which the Perso p ` ►� acted executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph rAii....a.A.ALaA1646A..ALAA16.46A,...6.aAil is true and correct. `iii MARY MARTIGNONI m ;;; , COMM. 23099 21 WITNESS myhand and official seal. " . �1. '�; NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY t't`� MY COMM.EXPIRES SEPT 9,2019 SignaturerYY\--Ce • Signature Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle Signer's Name: ❑ Corporate Officer— Title(s): ❑Corporate Officer — Title(s): Partner — E Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual 1 Attorney in Fact E Individual E Attorneyin Fact Trustee ❑ Guardian or Conservator ❑Trustee E Guardian or Conservator Other: ❑ Other: Signer Is Representing: Merchants Bonding Signer Is : Company Representing: g (Mutual) z c� k.A.-.- -.- -7 • - ,%cam.,,>.-. - ` - _ ` ©2014 National Notary Association •www.NationalNota 1800U www.NationalNotary.org • - - S NOTARY(1-800-876-6827) Item#5907 ,. . , MERCHANfN\ BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents.that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING. INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make.constitute and appoint, individually, .. Les M Mantle their true and lawful Attorney(s)-in-Fact,to make,execute.seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof.subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION(520,000.000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding.Inc.,on October 24.2011. "The President.Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact.and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto.bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee.shall not relieve this suretycorn an of any of its obligations under its bond. p y In connection with obligations in favor of the Kentucky Department of Highways only.it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof.the Companies•have•caused this instrument to be signed and sealed this 15th day of August , 2015 . '�ll�l1,�� •O`�G CQ•. MERCHANTS BONDING COMPANY(MUTUAL) NV'••• •0••''• O ;cp..... . 4 : MERCHANTS NATIONAL BONDING,INC. i.3 • $ . SPU ... • _ •dc'• 1933 • --. • - J' .•�,►•• By '41(/-17 77,‘,,..._ .....,_/...;..........ov STATE OF IOWA •'•• * •• . ••- COUNTY OF �''••....�.....��'' '••••••. Dallas ss. President On this 15th day of August . 2015 .before me appeared Larry Taylor.to me personally known.who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.:and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies:and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. osky.c, WENDY WOODY 0 A Cornrn.ss.on Number 7 8 654 ejo •:r M Comm ss�on Expires .lune 20.2017 Notary Publ* , •.i. County.Iowa (Expiration of notary's commission does not invalidate this instrument) I.V illiam Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC.. do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed b said Com anies. which is still in full force and effect and has not been amended or revoked. y p In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this5th day of February,, 2016 . 00'0 tOt44�'%. .• ;k.06 COL•. • . .. •o •tt • �•' O °194...:9;.• ` • -O- ` : —O '�=' 'Z' �'3. Secretary I': 2 03 1.14'i :i; 1933 .�c: .._�.. •.,N ?+ •• , '••. ..'44• • _T • PO • ,%,,��I•.•r �.0%,,, •"••••••• A 0014(6115) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On February 9, 2016before me, Ivonne Loera-Khatib (insert name and title of the • icer) personally appeared Dan Patterson who proved to me on the basis of satisfactory evidence to be the person,a whose name,)is/ei e- subscribed to the within instrument and acknowledged to me that he/sigeithey executed the same in his/heimitheic authorized capacity(esj; and that by his/ signature(e)'on the instrument the person(.$) or the entity upon behalf of which the person(stacted, 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. IVONNE LOERA-KHATI6 WITNESS my hand and official seal. 71'''''"-Jvj- 1 ; Commission #2028598 Q. Notary Public-California z z ' Los Angeles County D ' My Comm.Expires ,201 Jun 117 Signature'"' �� / / (Seal) STLLAND-01 DLOPEZ ACORLV CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 2/9/2016 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 License#0D79613 CONTACT Denise Lopez Bowermaster&Associates Insurance Agency,Inc. PHONE 714 733-6200 FAX 714 252-8253 10805 Holder Street,Suite 350 ( C.No.Ext): ) (A/c,No):( ) Cypress,CA 90630 E-MAIL o RESS:dlopez@bowermaster.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Wesco Insurance Co. INSURED INSURER B:Travelers Property&Casualty Co of Amer. 25674 STL Landscape,Inc. INSURER C:Security National Insurance Company 19879 8122 Compton Avenue INSURER D: Los Angeles,CA 90001-3915 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY 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 ADDL SUBR POUCY EFF POUCY EXP TYPE OF INSURANCE LTR INSD,WVD POUCY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X WPP113245702 01/05/2016 01/05/2017 Rwil-srutENTErreDn.) 100,000 ; MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY _ $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X !pa LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) — A X ANY AUTO X X WPP113245702 01/05/2016 01/05/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X NON-OWNED PROPERTY DAMAGE X $ HIRED AUTOS AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 10,000,000 B EXCESS LIAB CLAIMS-MADE ZUP51M0292716NF 01/05/2016 01/05/2017 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION X AND EMPLOYERS'UABIUTY STATUTE OTH- ER _ Y C ANY PROPRIETOR/PARTNER/EXECUTIVE /N N/A X SWC1073281 04/17/2015 04/17/2016 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City,its officers,employees,attorneys,and volunteers,are Additional Insured with respects to General Liability per form CG20100413,Primary and Non-Contributory included.With respecs to Auto Liability per form CA990187, Primary and Non-Contributory included.Waiver of Subrogation applies to General Liability per form GL990078,Auto Liability per form CA990187 and WorkComp per form WC040306. 30 day cancellation applies as per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Rancho Palos Verdes THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. City Hall 30940 Hawthorne Blvd. Rancho Palos Verdes,CA 90275 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD , POLICY NUMBER:WPP113245702 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERSLESSEES 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 Blanket as required by written contract It is agreed that such insurance as is afforded by this policy for the benefit of the additional insured shown shall be primary insurance,and any other insurance maintained by the additional insured(s)shall be excess and noncontributory as respects any claim,loss or liability allegedly arising out of the operations of the named insured,provided however that this insurance will not apply to any claim loss or liability which is determined to be solely the result of the additional insured's negligence or solely the additional insured's responsibility. 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 include as an additional insured the person(s)or organization(s)shown in the Schedule, but only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury"or"property damage"occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2.That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. . C.With respect to the insurance afforded to these additional insureds, the following is added to Section III-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ©Insurance Services Office, Inc. ©Insurance Services Office, Inc. 4 POLICY NUMBER: WPP113245702 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED COVERAGE FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. PROPERTY DAMAGE TO BORROWED EQUIPMENT Paragraph(1),of j. Damage To Property, under 2. Exclusions,of SECTION I—COVERAGES COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended to add the following: Paragraphs(3)and (4)of this exclusion do not apply to tools or equipment loaned to you, provided that they are not being used to perform operations at the time of the loss. With respect to"property damage"to borrowed equipment the following additional provisions apply: 1. The most we will pay for"property damage"to borrowed equipment is$100,000 for any and all such losses regardless of the number of: a. Insureds; b. Claims or"suits"brought;or c. Persons or organizations bringing claims or"suits". B. NON-OWNED WATERCRAFT EXTENSION Subparagraph(2)of g.Aircraft,Auto Or Watercraft, under 2. Exclusions,of SECTION I—COVERAGES, COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following: This exclusion does not apply to: (2) a watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. C. DAMAGE TO PREMISES RENTED TO YOU The last paragraph of 2. Exclusions of SECTION I-COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following: Exclusions c.through n.do not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: 1. Fire; 2. Explosion; GL9900078 Page 1 of 6 Ed 1112 , 3. Lightning; 4. Smoke resulting from such fire,explosion or lightning;or 5. Water. A separate limit of insurance applies to this coverage as described in Section III Limits of Insurance. This insurance does not apply to damage to premises rented to you,or temporarily occupied by you, with permission of the owner caused by: 1. Rupture, bursting, or operation of pressure relief devices; 2. Rupture or bursting due to expansion or swelling of structural components or the contents of any building or structure, caused by or resulting from water; 3. Explosion of steam boilers, steam pipes,steam engines or steam turbines. Paragraph 6.of SECTION III LIMITS OF INSURANCE is deleted and replaced with the following: Subject to paragraph 5.of SECTION III—LIMITS OF INSURANCE,the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY.for the sum of all damages because of"property damage"to premises while rented to you, or temporarily occupied by you with permission of the owner,caused by:fire; explosion; lightning;smoke resulting from such fire, explosion , or lightning; or water.The Damage To Premises Rented To You Limit will apply at all"property damage" proximately caused by the same"occurrence", whether such damage results from:fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented to You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. Paragraph a.of 9."Insured Contract", under SECTION V—DEFINITIONS, is deleted and replaced with the following: An"Insured contract"means a contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you,or temporarily occupied by you with permission of the owner, caused by:fire: explosion; lightning;smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract". D. PROPERTY DAMAGE COVERAGE FOR PERSONAL PROPERTY WHILE IN YOUR POSSESSION Sub-paragraphs(3)and(4) of Paragraph j. Damage To Property,of 2. Exclusions.of SECTION I— COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY do not apply to"property damage"to the property of others while in your possession. With respect to the insurance provided by this section of the endorsement,the following provisions apply: The limit of this coverage is$25,000 per"occurrence"and$25,000 aggregate in any annual policy period starting with the beginning of the policy period in the Declarations, regardless of the number of: a. Insureds; GL9900078 Page 2 of 6 Ed 1112 b. Claims or"suits" brought; or c. Persons or organizations bringing claims or"suits". We will pay for damages on your behalf,only to the amount of damages for each"occurrence"on your behalf applies only to the amount of damages for each"occurrence"which are in excess of a $1,000 deductible. We may pay any part, or all of the deductible amount,to effect settlement of any claim or"suit"and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount, as has been paid by us. E. PROPERTY DAMAGE COVERAGE FOR TENANTS—REAL PROPERTY Sub-paragraph j.(5) Damage To Property,of 2. Exclusions of SECTION I—COVERAGES, COVERAGE A-BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced with the following: While under your care, custody or control we will pay for"property damage"to property of others arising out of operations incidental to your business when: a. Damage is caused by the insured; b. Damage occurs while in the insured's possession The most we will pay under this provision for loss or damage during the policy period is$25,000 per "occurrence"and$25,000 aggregate in any annual policy period starting with the beginning of the policy period in the Declarations. We will pay damages on your behalf, only to the amount of damages for each "occurrence"which are in excess of a$1,000 deductible. The limits of insurance will not be reduced by the application of such deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit"and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us;or F. SUPPLEMENTARY PAYMENTS Paragraphs 1.b.and 1d.under SUPPLEMENTARY PAYMENTS—COVERAGES A AND B of SECTION I is amended as follows: a. In paragraph 1.b.,the amount we will pay for the cost of bail bond is increased to$2,500 b. In paragraph 1.d.,the amount we will pay for loss of earnings is increased to$500 a day. G. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Paragraph 3.a.of SECTION II—WHO IS AN INSURED is deleted and replaced with the following: Coverage under this provision is afforded until the 180th day after you acquire or form the organization or the end of the policy period,whichever is earlier. H. PAST PARTNERSHIPS AND JOINT VENTURES The following is added to SECTION II—WHO IS AN INSURED: GL9900078 Page 3 of 6 Ed 1112 If you are an insured, as shown in the Declarations, you are an insured for your interest in a partnership or joint venture that ended prior to this policy-period. This insurance applies: a. Only to the extent of your interest in the partnership or joint venture. b. Only if no other similar insurance is available to you for your interest in the joint venture or partnership. The last paragraph of SECTION II—WHO IS AN INSURED is deleted and replaced with the following: Except as provided in H. PAST PARTNERSHIPS AND JOINT VENTURES, no person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. I. ADDITIONAL INSURED The following is added to SECTION II—WHO IS AN INSURED: Any person or organization with whom or with which you have agreed in writing in a contract or agreement that such person(s)or organization(s)shall be included as an additional insured on your policy is an additional insured.The contract must be executed before the"bodily injury or"property damage"occurs or the"personal and advertising injury"offense is committed,to name such person or organization as an additional insured, but only with respect to liability arising out any tenancy operation or use of equipment leased to you by such an additional insured. The following provisions apply to such additional insured: a. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the written contract, or the limits shown on the Declarations,whichever is less. b. The insurance afforded to the additional insured does not apply to: i. A ny"bodily injury"or"property damage"that occurs,or"personal and advertising injury" caused by an offense which is committed, after you cease to be a tenant in that premises; ii. Liability arising out of any premises for which coverage is excluded by endorsement;or iii. L iability arising out of structural alterations, new construction or demolition operations performed by or on behalf of such additional insured(s) The insurance afforded to the additional insured is excess over any valid and collectible insurance available to the insured, unless you have agreed in the written contract that this insurance must be primary or non-contributory with such other insurance. J. BROADENED NAMED INSURED Paragraph 1.d.of SECTION II—WHO IS AN INSURED is deleted and replaced with the following: The person or organization named in the Declarations, and any organization,other than a partnership,joint venture or limited liability company, of which you maintain ownership or in which you maintain the majority interest on the effective date of the policy. Your"executive officers"and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. However, coverage for any such additional organization will cease as of the date, if any, during the policy GL9900078 Page 4 of 6 Ed 1112 , i period,that you no longer maintain ownership of, or the majority interest in, such organization. K. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS The following is added to paragraph 6. Representations of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: Based on our reliance on your representations as to existing hazards, if you unintentionally fail to disclose any such hazards prior to the beginning of the policy period of this coverage part,we shall not deny coverage under this coverage part because of such failure. However,the provision does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regulations. L. BROADENED NOTICE OF OCCURRENCE The following is added to paragraph 2 Duties in the Event of Occurrence,Offense, Claim or Suit of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: a. Notice of an"occurrence"or of an offense which may result in a claim covered by this policy,the failure to report such "occurrence"to us at the time of the"occurrence shall not be deemed a violation of this condition unless such"occurrence"or offense becomes known to. you,or one of the following if designated by you to give such notice: your"executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership),one of your managers(if you are a limited liability company), or an"employee"(such as an insurance, loss control or risk manager or administrator)., However,you or your designated representative must give us notice as soon as practicable after being made aware that the particular claim. b. Knowledge by any other"employee"of an"occurrence"or offense does not imply that you also have such knowledge. c. This provision does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants"that causes"bodily injury"or"property damage"which may otherwise be covered under this policy. M. WAIVER OF SUBROGATION The following is added to paragraph 8.Transfer of Rights of Recovery Against Others to Us of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you;ongoing operations performed by you or on your behalf,done under contract with that person or organization; "your work";or"your products".We waive this right where you have agreed to do so as part of a written contract, executed by you before the"bodily injury"or"property damage" occurs or the"personal and advertising injury"offense is committed. N. BROADENED CONTRACTUAL LIABILITY—WORK WITHIN 50'OF RAILROAD PROPERTY Paragraph 9.c.of the definition"Insured Contract" under SECTION V—DEFINITIONS is deleted and replaced with the following: "Insured contract" means any easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad. GL9900078 Page 5 of 6 Ed 1112 , Paragraph f.(1)of 9."Insured contract" under SECTION V—DEFINITIONS is deleted. O. BODILY INJURY DEFINITION The definition of"bodily injury" in paragraph 3. of SECTION V—DEFINITIONS is deleted and replaced with the following: "Bodily injury"means bodily injury, mental anguish, mental shock,fright,disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. GL9900078 Page 6 of 6 Ed 1112 r POLICY NUMBER:WPP113245702 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by 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. A. Newly Acquired or Formed e. An "employee"of yours is an"insured" Organizations, Employee Hired Car while operating an "auto"hired or rented Liability and Blanket Additional Insured under a contract or agreement in that Status for Certain Entities. "employee's"name,with your Item 1.Who is an Insured of Paragraph A. permission, while performing duties Coverage under SECTION II—COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form, other than a partnership,joint "insured", but only with respect to venture or limited liability company, and liability created in whole or in part by over which you maintain ownership of a such agreement. majority interest(greater than 50%),will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4)of a.Supplementary Payments (1) coverage under this provision is of Item 2.Coverage Extensions of afforded only until the 180th day Paragraph A. Coverage under SECTION II after you acquire or form the —COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period,whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to"bodily incurred by the"insured"at our injury", "property damage"or request, including actual loss of "covered pollution cost or expense" earnings up to$1,000 per day that results from an"accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization; and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION II—COVERED that organization,or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the"bodily insurance. injury" results from the use of a covered applyif "auto"you own or hire. Such coverage as This insurance doesnot is afforded by this provision is excess over coverage for the newly acquired or any other collectible insurance. formed organization is excluded either by the provisions of this coverage form or by endorsement. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage G. "Personal Effects"Coverage Item 2.Towing,of Paragraph A. Coverage, Item 4.Coverage Extensions of Paragraph under SECTION III—PHYSICAL DAMAGE A.Coverage, under SECTION 111- COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, is amended to add: 2. Towing "Personal Effects" Coverage We will pay for towing and labor costs each time that a covered "auto" is We will pay actual cash value for"loss"to disabled. All labor must be performed at "personal effects"of the"insured"while in the place of disablement of the covered a covered"auto"subject to a maximum "auto". limit of$2,500 per"loss",for that covered "auto"caused by the same"accident". No a. The limit for towing and labor for deductible will apply to this coverage. each disablement is$500; H. "Downtime Loss"Covera e b. No deductible applies to this cover- g age. Item 4.Coverage Extensions, of Paragraph A. Coverage, under SECTION E. Item 3.Glass Breakage—Hitting A Bird III. PHYSICAL DAMAGE COVERAGE, is Or Animal—Falling Objects or Missiles of amended to add: Paragraph A.Coverage under SECTION III —PHYSICAL DAMAGE COVERAGE, is "Downtime Loss" Coverage amended to add: We will pay any resulting"downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage"loss"to a We will waive the Comprehensive covered "auto"up to a maximum of$100 deductible for Glass, if one is indicated on per day,for a maximum of 30 days for the your covered "auto",for glass repairs. We same physical damage"loss",subject to will repair at no cost to you, any glass that the following conditions: can be repaired without replacement, a. We willprovide"downtime loss"beginning provided the loss arises from a covered g on the 5th Comprehensive"loss"to your"auto". day after we have given you our agreement to pay for repairs to a F. Increase Of Transportation Expense covered"auto"and you have given the Coverage repair facility your authorization to make Subpart a.Transportation Expenses of repairs; Item 4.Coverage Extensions of Paragraph b. Coverage for"downtime loss"expenses A. Coverage under SECTION III— will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is amended to read: (1) You have a spare or reserve"auto" available to you to continue your a. Transportation Expenses operations. We will pay up to$50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary transportation expense incurred by you (3) Repairs to your covered"auto"have because of the total theft of a covered been completed by the repair facility "auto"of the private passenger type. and they determine the covered We will pay only for those covered "auto"is road-worthy. "autos"for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration,when the covered "auto" is returned to use or we pay for its"loss". CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission . I. Item 4.Coverage Extensions,of d. Contraband or property in the course Paragraph A.Coverage, under SECTION of illegal transportation or trade. III.PHYSICAL DAMAGE COVERAGE, is e. "Loss"caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered "auto"and a police report is reimbursement expenses incurred by you for filed. a rental of an"auto"because of"loss"to a K. Accidental Airbag Discharge Coverage covered "auto"up to a maximum of$100 per day,for a maximum of 30 days for the same Item 3.a.of Paragraph B. Exclusions under physical damage"loss", subject to the SECTION III—PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a. Wear and tear,freezing, mechanical incurred during the policy period or electrical breakdown.The beginning 24 hours after the"loss"and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration,with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered "auto". If the"loss" is Paragraph C. Limit Of Insurance under caused by theft, this number of days is SECTION III—PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered"auto"and return it to you or the number of days it takes for the claim to If a covered"auto"is owned or leased and be settled,whichever comes first. if we provide Physical Damage Coverage on it, we will pay, in the event of a covered b. Our payment is limited to necessary and total"loss", any unpaid amount due on the actual expenses incurred. lease or loan for a covered "auto", less: c. This coverage does not apply while a. The amount paid under the Physical there are spare or reserve"autos" Damage Coverage Section of the available to you for your operations. policy; and d. If a"loss"results from the total theft of a b. Any: covered"auto"of the private passenger type,we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects" Exclusion "loss"; B. Exclusions under SECTION (2) Financial penalties imposed Paragraph under a lease for excessive use, III—PHYSICAL DAMAGE COVERAGE, is abnormal wear and tear or high amended to add: mileage; "Personal Effects" Exclusion (3) Costs for extended warranties, We will not pay for"loss"to"personal Credit Life Insurance, Health, effects"of any of the following: Accident or Disability Insurance a. Accounts, bills, currency, deeds, purchased with the loan or evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion,gold,silver, platinum, or other (5) Carry-over balances from precious alloys or metals;furs or fur previous loans or leases garments;jewelry;watches; precious or semi-precious stones. c. Paintings,statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission . M. Aggregate Deductible (3) An"executive officer"or director, if Paragraph D. Deductible under SECTION you are a corporation; III—PHYSICAL DAMAGE COVERAGE is (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager;or "autos" involved in the same"loss",only (6) Your legal representative. one deductible will apply to that"loss". If the deductible amounts vary by autos", P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that"loss". Item 5.Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Loss Conditions under SECTION IV— Paragraph D. Deductible under SECTION BUSINESS AUTO CONDITIONS is III—PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: 5. Transfer of Rights of Recovery Any deductible will be reduced by the g Against Others To Us percentage indicated below on the first "loss"reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another,those rights are Loss Free Policy Periods Deductible transferred to us.That person or With the Expansion Reduction on the organization must do everything Endorsement first`loss" necessary to secure our rights and must 1 0% do nothing after an"accident"or"loss" 2 25% to impair them. However, if the insured has waived those rights to recover 3 50% through a written contract,we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage"loss"during Q. Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a.of Item 5.Other Insurance of us, your deductible stated in the Paragraph B.General Conditions under Declarations page of each such SECTION IV—BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder a. This insurance is primary and of your policy period and your deductiblenoncontributory, as respects anyother reduction will revert back to 0%for each p such COVERAGE FORM if coverage is insurance, if required in a written contract with you. renewed. O. Knowledge of Loss and Notice To Us R. Other Insurance—Hired Auto Physical g Damage Subsection a.of Item 2. Duties In the Event Subpart b.of Item 5..Other Insurance of of Accident,Claim, Suit or Loss of Paragraph B.General Conditions under Paragraph A. Loss Conditions under SECTION IV—BUSINESS AUTO SECTION IV—BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS is amended to add: However, prompt notice of the"accident", b. For Hired Auto Physical Damage Covrage,the following are deemed "suit"suit or"loss"to us or our to be covered"autos"you own: authorized representative only applies after the"accident",claim,"suit"or"loss"is (1) Any covered"auto"you lease, known to: hire, rent or borrow; and (1) You, if you are an individual; (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered "auto"hired or rented by your "employee" under a contract in that individual "employee's"name,with your permission,while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B.General Conditions under SECTION IV—BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However,you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V—DEFINITIONS is amended to add: "Personal effects" means personal property owned by the"insured". "Downtime loss"means actual loss of "business income"for the period of time that a covered"auto": 1. Is out of service for repair or replacement as a result of a covered physical damage"loss"and 2. Is in the custody of a repair facility if not a total"loss". "Business Income"means: 1. Net Income(Net Profit or Loss before income taxes)that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2%of the California workers'compensation premium otherwise due on such remuneration. Schedule Any person or organization as required by written contract. $2,285.00 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. Endorsement Effective 4/17/2015 Policy No. SWC1073281 Endorsement No. WC040306 Insured STL Landscape,Inc. Premium$ 78163 Insurance Company Security National Insurance Company Countersigned by 1 PROPOSAL CITY OF RANCHO PALOS VERDES HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION PROJECT TO THE DIRECTOR OF PUBLIC WORKS, CITY OF RANCHO PALOS VERDES: The undersigned, as bidder, declares that: (1) this proposal is made without collusion with any other person, firm or corporation, and that the only persons or parties interested as principals are those named herein; (2) bidder has carefully examined the project plans, specifications, instructions to bidders, proposal, notice to contractors and all other information furnished therefore and the site of the proposed work; (3) bidder has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of work to be performed and materials to be furnished. Furthermore, bidder agrees that submission of this proposal shall be conclusive evidence that such examination and investigation have been made and agrees, in the event this contract be awarded to bidder, to enter into a contract with the CITY OF RANCHO PALOS VERDES, to perform said proposed work in accordance with the plans, if any, and the terms of the specifications, in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except such thereof as may otherwise be furnished or provided under the terms of said specifications, for the following stated unit prices or lump-sum price as submitted on the Schedule attached hereto: The bidder shall submit as part of this proposal a completed copy of the Contractor's Industrial Safety Record. Accompanying this proposal is Bid Bond (Insert) "$ "Cashier's Check," "certified check," or "Bid Bond," as the case may be) in the amount equal to at least ten percent(10%)of the total aggregate bid price hereof based on the quantities shown and the unit prices quoted in the Bid Schedule. The undersigned further agrees that should he/she be awarded the contract on the basis hereof and thereafter,defaults in executing the required contract,with necessary bonds and documents, within ten (10) days, not including Sundays and legal holidays, after having received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the CITY OF RANCHO PALOS VERDES and this proposal and the acceptance thereof may be considered null and void. The undersigned certifies to have a minimum of five (5) consecutive years of current experience in the type of Work related to this Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work and further certifies to have been so licensed for the five(5) years immediately preceding the date of receipt of Bids. The undersigned possesses California Contractor's License Number 956281 ,Class ,er hi -xpires on 1/31/17 Signature(s) of bidder: Iciano Loera President * an Patterson,atterson, Secretary P - 1 If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. Two notarized officer's signatures and the corporate seal are required for corporations. Legal Business Name: STL Landscape, Inc. (A Corporation) Address: 8122 Compton Avenue Telephone: 323-581-8155 Contact: Dan Patterson Proposals which do not show the Contractor's License Number and expiration date of the Bidder's License under the provisions of Chapter 9 of Division 3 of the Business & Professional Code will be rejected. Bid Date 1/14/16 This information must include all construction work undertaken in the State of California by the bidder and partnership joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership,joint venture, corporate or individual bidder. The bidder may attach any additional information or explanation of data which bidder would like to be taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. P-2 CITY OF RANCHO PALOS VERDES BID SHEET HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION PROJECT Bidder's Name: STL Landscape, Inc. To the Honorable Mayor and Members of the City Council: In compliance with the Notice Inviting Sealed Bids,the undersigned hereby agrees to enter into a contract to furnish all labor, materials, equipment and supplies for the project identified as HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION (PHASE I) PROJECT in accordance with the specifications and plans for demolition, construction and installation in the Contract Documents which are on file in the office of the Director of Public Works of the City of Rancho Palos Verdes to the satisfaction and under the direction of the Director of Public Works at the following prices: LUMP SUM ITEMS SHALL INCLUDE PROVIDING AND INSTALLATION OF ALL COMPONENTS STIPULATED WITHIN THE CONTRACT DOCUMENTS AND NECESSARY INCIDENTALS TO FACILITATE PROVIDING SAID COMPONENTS. SURVEY, GRADING, AND BMPS SHALL BE CONSIDERED INCLUDED IN THE INDIVIDUAL BID ITEMS. NO ADDITIONAL PAYMENTS WILL BE MADE. The quantities reflected on the plans and in the bid-sheets are representative of the amount of work for each item on the project,but are not final quantities to be used for computing payment.Payment will be based on the measurement of actual work completed.The contractor must notify in writing to the project manager of all discrepancies between actual bid quantities and those shown in the bid document prior to commencement of work in any area of the project. 410(/ 41 OF/r/r /14/ P- 3 BID SCHEDULE Item Descri tion Estimated Unit Extended p Quantity Meas. Unit Price No. Amount I TRAFFIC CONTROL PLAN 1 LS 10,000 10,000 2 BEST MANAGEMENT PRACTICES 1 LS 2,000 2,000 3 INSTALLATION OF TYPE A TREES 41 EA $1,390 $56,990 4 INSTALLATION OF TYPE B TREES 32 EA $1,390 $44,480 5 INSTALLATION OF TYPE C TREES 7 EA $1,390 $9,730 6 WATERING TREES DURING ESTABLISHMENT 12 Month $1,400 $16,800 TOTAL BID SCHEDULE $140,000 TOTAL BASE BID SCHEDULE IN NUMBERS: $ 140,000 TOTAL BASE BID SCHEDULE IN WORDS: One Hundred Forty Thousand Dollars The contract shall be awarded to the lowest responsible bidder based on the TOTAL BASE BID. Note: Some items may be adjusted or deleted. Any changes to the quantities for these items shall not classify as a substantial change as stipulated in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual amount (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation. Cost of all export of material shall be included in the above unit costs; no additional compensation will be granted for such expenses. The Contract shall be awarded to the lowest responsible Bidder based on the total Bid price.This proposal shall include provision for at-risk youth employment per specification and gra equirements. P-4 INFORMATION REQUIRED OF BIDDER Fill out all of the following information. Attach additional sheets if necessary. (1) Bidder's name: STL Landscape, Inc. (2) If the Bidder's name is a fictitious name,who or what is the full name of the registered owner? If the Bidder's name is not a fictitious name,write"N/A"in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement. N/A (3) Business address: 8122 Compton Avenue, Los Angeles, Ca 90001 (4) Telephone: 323-581-8200 Facsimile: 323-681-815 (5) Type of firm - Individual, Partnership, LLC or Corporation: Corporation (6) Corporation organized under the laws of the state of: California (7) California State Contractor's License Number and Class: 956281 (8) DIR Contractor Registration Number: 1000010217 (9) List the name and title of the person(s)who inspected the site of the proposed Work for your firm: Dan Patterson, Secretary (10) Number of years' experience the company has as a contractor in construction work: 5 (1 1) List the names,titles,addresses and telephone numbers of all individuals,firm members,partners, joint venturers, and company or corporate officers having a principal interest in this Proposal: STL Landscape, Inc. (A California Corporation) 8122 Compton Avenue, Los Angeles, Ca 90001 323-581-8200 Feliciano Loera (President/Treas), Sergio Lopez (Vice President), Dan Patterson (Secretary) List at least three similar projects completed as of recent date: Contract Class of Date Name, Address of Owner, &Telephone Amount Work Completed No. $2.6 Mill A/C27 10/15 Frank Borges,City of Laguna Niguel, 949-362-4325 $500K A/C27 12/15 Paul Cramner, City of Claremont, 909-399-5433 $500K A/C27 10/15 Moe Izadpanah, Caltrans, 626-572-6735 Ext 206 (12) NOTE: Upon request of the CITY, the bidder shall furnish evidence showing a notarized P-5 financial statement, financial data, construction experience, or other information. (13) "Bidder shall be properly licensed at the time of bid submission or the bid shall be considered non-responsive and shall be rejected." P-6 REFERENCES For all public agency projects in excess of$300,000 you are currently working on or have worked on in the past five(5)years,provide the following information: Project 1 Name/Number Runoff Elimination Program for Crown Valley Parkway Medians /CC12-03 Project Description Median Landscape Improvements Approximate Construction Dates From: 3/15 To: 10/15 Agency Name: City of Laguna Niguel Contact Person: Frank Borges Telephone: 949-362-4337 Address: 30111 Crown Valley Parkway, Laguna Niguel, Ca 92677 Original Contract Amount: $ 2,250,000 Final Contract Amount: $ 2,750,000 If final amount is different from original amount,please explain(change orders,extra work, etc.) Additional Planting Did you file any claims against the Agency? Circle one: Yes it Did the Agency file any claims against you? Circle one: Yes it If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 2 Name/Number Shelton Park/CIP2015-7 Project Description Landscape at Park Approximate Construction Dates From: 10/15 To: 1/16 Agency Name: City of Claremont Contact Person: Paul Cramner Telephone: 909 399-5433 Address: 207 Harvard Avenue Claremont, Ca 91711 P-7 Original Contract Amount: $ $320,000 Final Contract Amount: $ $320,000 If final amount is different from original amount, please explain(change orders,extra work,etc.) Did you file any claims against the Agency? Circle one: Yes Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions, please explain and indicate outcome of claims. Project 3 Name/Number Caltrans Highway Planting Projects/ 07-A2994, 07-A3218, & 07-A3214 Project Description Highway Tree Planting Approximate Construction Dates From: 1/12 To: 1/14 Agency Name: Caltrans Contact Person: Moe lzadpanah Telephone: 626-572-6735 Address: El Monte Construction Field Office 3212 Rosemead Blvd, #100, El Monte, Ca 91731 Original Contract Amount: $ $480K Final Contract Amount: $ $480K If final amount is different from original amount, please explain(change orders,extra work,etc.) Did you file any claims against the Agency? Circle one: Yes Oo Did the Agency file any claims against you? Circle one: Yes Olo If you answered yes to either of the above two questions, please explain and indicate outcome of claims. P-8 Project 4 Name/Number Mt Vernon Median Improvments/No Contract No. Project Description Median Improvements Approximate Construction Dates From: 1/15 To: 3/15 Agency Name: City of Bakersfield Contact Person: Jesse Aruejo Telephone: 661-326-3263 Address: 1600 No. Truxton Avenue, Bakersfield 93301 Original Contract Amount: $ $388,000 Final Contract Amount: $ $388,000 If final amount is different from original amount, please explain(change orders, extra work,etc.) Did you file any claims against the Agency? Circle one: Yes N Did the Agency file any claims against you? Circle one: Yes No If you answered yes to either of the above two questions,please explain and indicate outcome of claims. Project 5 Name/Number Citywide Tree Planting Project No. 11-04 Project Description Citywide Tree Planting Approximate Construction Dates From: 4/11 To: 5/11 Agency Name: City of Costa Mesa Contact Person: Jim Ortiz Telephone: 714-327-7490 Address: 77 Fair Drive, Costa Mesa, Ca 92626 Original Contract Amount: $ 120,000 Final Contract Amount: $ 120,000 If final amount is different from original amount, please explain(change orders,extra work,etc.) P-9 Did you file any claims against the Agency? Circle one: Yes o' Did the Agency file any claims against you? Circle one: Yes o If you answered yes to either of the above two questions,please explain and indicate outcome of claims. Project 6 Name/Number La Brea Avenue Street Improvements Project Description Streetscape Approximate Construction Dates From: 1/14 To: 6/14 Agency Name: City of West Hollywood Contact Person: Donn Uyeno Telephone: 323-848-6457 Address: 8300 Santa Monica Blvd, West Hollywood Ca 90069 Original Contract Amount: $ 810,000 Final Contract Amount: $ 810,000 If final amount is different from original amount, please explain(change orders,extra work,etc.) Did you file any claims against the Agency? Circle one: Yes 6.p Did the Agency file any claims against you? Circle one: YesNo If you answered yes to either of the above two questions,please explain and indicate outcome of claims. P- l0 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business & Professions Code 7028.15] [Public Contract Code 20103.5] I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor's license as set forth below: Business &Professions Code 7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefore, except in any of the following cases: (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now ` 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license,as required by Section 7029.1. However, at the time of making a bid as a joint venture,each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractor to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order,verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract P- 11 • or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e)of this section,as added by Chapter 863 of the Statutes of 1989,shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee,officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code 20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractor's State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License No.: 956281 Class: NC 10/C27/C31 Expiration Date: 1/31/17 Date: 13 6 Signature: f P- 12 RESUME Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. P- l3 Sit Landscape, Inc. License No.956281 A/C27 8122 Compton Avenue,Los Angeles,CA 90001 Phone(323)581-8200 Fax(323)581-8155 RESUME FOR SERGIO LOPEZ, QSP VICE PRESIDENT/FIELD SUPERINTENDENT Mr. Lopez has been in the Public Works Landscape Construction Industry for over twenty years. Mr. Lopez worked for twenty years at Belaire-West Landscape, Inc., (BWL) a reputable NC-27 Licensed Contractor. Mr. Lopez has done several site development projects for the various public works agencies throughout Southern California while at BWL, including park construction projects. Mr. Lopez along with Dan Patterson, started STL Landscape, Inc. in November 2010 with the goals of using their vast experience and knowledge to not only benefit the municipalities of Southern California, but themselves. Mr. Lopez is an A-General Engineering Licensed Contractor and a Qualified Site Practitioner(QSP). Significant Projects by Sergio Lopez at STL Landscape, Inc. • City of Rolling Hills Estates—Highridge Park Improvements • Whittier Union HS District—Santa Fe and Pioneer HS—Landscape and Drainage Improvements • City of Buena Park—Calsense Controller Retrofit of all 16 Parks • City of Santa Ana—McFadden Rest Area Park Construction Significant Projects by Sergio Lopez at Belaire-West Landscape, Inc. • City of Corona—Citrus Park Construction • City of Orange— Handy Park Improvements • County of Orange— Mile Square Park Soccer Field Concrete Improvements • City of Riverside—Orange Terrace Park Construction DESIGNATION OF SUBCONTRACTORS [Public Contract Code Section 4104] List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half percent (0.5%) of the Contractor's total Bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half percent (0.5%) of the Contractor's total Bid or$10,000, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors. California Contractor's California DIR Name under which License Contractor Type of Work Percentage Subcontractor is Licensed Number(s) Registration (e.g., of Total Bid and Registered and Class(es) Number Address and Phone Number Electrical) (e.g., 10%)1 1 The percentage of the total Bid shall represent the"portion of the work"for the purposes of Public Contract Code Section 4104(b). P - 14 Contractor's INDUSTRIAL SAFETY RECORD FORM Bidder's Name STL Landscape, Inc. 2015 Current Year of 2014 2013 2012 2011 2010 Total Record Number of contracts 15 14 15 14 16 15 84 Total dollar amount of contracts (in thousands of $8,232,000 $6,546,000 $7,120,000 $6,269,000 $5,289,000 $3,564,000 $37,040,000 dollars) Number of fatalities 0 0 0 0 0 0 0 Number of lost workday cases 0 0 0 0 0 0 0 Number of lost workday cases involving permanent transfer to another job or 0 0 0 0 0 0 0 termination of employment The above information was come• -d from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within t - s of those records. Signature: / ,' ` Signature: Title: Se etary ' Title: Date: Date: P- 15 Bond No. 6184 BID BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Rancho Palos Verdes „ ( Public Agency"),has issued an invitation for bids for the work described as follows: s HAWTHORNE BLVD. RIGHT OF WAY BEAUTIFICATION (PHASE I) PROJECT WHEREAS STh Landscape, Inc. 8122 Com ton Ave., Los Ange es, CA 1 (Name and address of Bidder) ("Principal"),desires to submit a bid to Public Agency for the work. WHEREAS, bidders are required under therovisions of the P California Public Contract Code to furnish a form of bidder's security with their bid. NOW, THEREFORE,we,the undersigned Principal,and Merchants Bondi Company (Mutual) P.O., Boa , es nines, 1A )0306 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws held and f irm! bound of the State of California. as Surety. are Y unt o the Public Agency in the penal sum of TEN PERCENT OF THE .AMOUNT OF THE BID **************************M**** Dollars(S 10Z********** ibe ), ng not less than ten percent (10%) of the total bid lawful money of the United States of America,forprice, in made,we bind the payment of which sum well and truly to be ourselves, our heirs, executors, administrators,successors, and severally,firmly by these presents. assigns,jointly and THE CONDITION OF TTiIS OBLIGATION IS SUCK THAT, if the hereby bounded Principal is awarded a contract for the work by the Public Agency and, within the time and in the manner required by the bidding specifications, enters into the written form of contract included with wired h bidding specifications,furnishes the required qbonds,one to guarantee faithful performance and the other to guarantee payment for labor and materials,and furnishes the required • otherwise, � insurance coverage. then this obligation shall become null and voidel•v4 effeCt. Esc,it shall be and remain in full force and In case suit is brought upon this bond,Sure • Public Agency � further agrees to pay all court costs incurred bythe g y in the suit and reasonable attorneys' fees in an Surety hereby waives the provisions of California amount fixed by the court. Surety 1�fornta Civil Code 2845. IN WITNESS WHEREOF,this instrument date set fort has been duly executed by Principal and Suret h below,the name of each co partyy,on the iPorate being hereto a ffxed and theseresents duly y P- 16 signed by its undersigned representative(s) pursuant to authority of its governing body. Dated: 1-11-2016 "Principal" "Surety" STL Landscape, Inc. Merchants Bonding Company (Mutual) .11 l ` AfrAte D. . Patterson—Corp. Secretary Les M. Mantle—Attorney in Fact IIy: By: Its: Its: (Seal) (Seal) Note: This bond must be dated,all signatures mustevidence of the author. � be notarized,and �t of any person.signing as attorney-in-fact must be attached. y P- 17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 § '� . •-,• - . - � ,ry?�'• -• A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, validityt. or of that document. State of California County of Orange before me, MaryMarti Martignoni Notary Public Date Here Insert Name and Title of the Officer personally appeared Les M. Mantle Name(s) of Signer(s) who proved to.me on the basis of satisfactory evidence to be the person whose name subscribed to the within instrumentis �' and acknowledged to me that he executed the same in highpceSserir authorized capacity, and that by hislyortbeit signature on the instrument theperson or the entity upon behalf of which the erso acted, executedp ` P � the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARY MARTIGNONI WITNESS my hand and official seal. z COMM.#2123099 .4 4'---147/. NOTA^Y PUBLIC-CALIFORNIA ORANGE COUNTY � ''' MY COMM.EXPIRES SEPT 9,2019, Signatur Signatu f Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Les M. Mantle Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited General❑ ) ❑ Partner — ❑ Limited ❑General ❑ Individual Attorney in Fact El Individual ❑Attorneyin ❑Trustee ❑ Guardian or Conservator Fact ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Merchants Bonding Signer Is Representing: Company (Mutual) g ©2014 National Notary Association •www.NationalNota 180 www.NationalNotary.org • - 0- US NOTARY(1-800-876-6827) Item#5907 , . MERCF[ANTS BONDING COMPANY-. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING. INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint, individually, Les M Mantle their true and lawful Attomey(s)-in-Fact,to make.execute,seal and deliver on behalf of the Companies,as Surety,bonds,undertakings and other written obligations in the nature thereof.subject to the limitation that any such instrument shall not exceed the amount of: TWENTY MILLION(520,000,000.00)DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company(Mutual)on April 23.2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24.2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint•Attomeys-in-Fact.and to authorize them to execute on behalf of the Company.and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only.it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof.the Companies have caused this instrument to be signed and sealed this 15th day of August , 2015 . -�‘0114/, 4'`'%, ••....--•.. . MERCHANTS BONDING COMPANY MUTUAL • /*r•••••••• •*V`� .4 MERCHANTS NATIONAL BONDING,{ ) ;•h•;••00 ,.�•; •0.• 0O'• ...9*. INC. o O OR • • Z.: •Z: Q:3• =I. . 2-•0 i- .,y• 1933 Q- •� ; • i • • N-• By /f, 7."‘„.., ...••VL•••••••••.r�`��e •• A,. ..(�a•• STATE OF IOWA ,,,,,,,� ��O. •• c •• COUNTY OF Dallas ss. ��""'�`N ••••• President On this 15th day of August . 2015 ,before me appeared Larry Taylor.to me personally known,who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,ostiA`s WENDY WOODY i Commission Number 784654 jiiP `' (Z))Cc . My Comm'ssion Expires ' 'OW. June 20.2017 Notary Pub!, , •• County.Iowa (Expiration of notary's commission does not invalidate this instrument) I.William Warner,Jr..Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies. which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal o the Companies on this llthday of January, 2016 . ,s �••• 0,'•• •.a o • • • � .•• �PQR•,.q- • y2/,€/v 4: :-: .,....ior„,. ,,,.." €7.-0,••2,./.., •s: �:Z• Secretary •�: 1933 •c • L; 3j. / •� • -.„ 4-ji••-......0:ep.* . .>/g, 'k1 .* • .� ,1 • t •• •• • POA 0014 (6/15) .,,,,„....0. ••• ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On January 13, 2016before me, Ivonne Loera-Khatib, Notary Public (insert name and title of the officer) personally appeared J')6t34Pj-leiSS d I� Y ply who proved to me on the basis of satisfactory evidence to be the personfs)whose nameks) isle-- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his&ief/their authorized capacity(ies), and that by his/her their signatures) on the instrument the person; or the entity upon behalf of which the person(e) 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. IVONNE LOERA-KHATIB WITNESS my hand and official seal. , ;,� Commission#2028598 i •'�, Notary Public-California D Los Angeles County M Comm.Expires Jun 11,2017 Signatur 4' ' 446 (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On January 13, 2016 before me, Ivonne Loera-Khatib, Notary Public (insert name and title of the officer) personal) appeared tE/, (/á /iO 0 tei-er-A-- , who proved to me on the basis of satisfactory evidence to be the persons whose narn(s) is/we--- subscribed to the within instrument and acknowledged to me that he ey_executed the same in his/heatheif authorized capacity.(is), and that by his/her/their signature(a) on the instrument the person, or the entity upon behalf of which the person(}-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 myhand and official seal. iiiih,,,, IVONNE LOERA-KHATIB Commission#2028598 i,. : , Notary Public-California D Z Los Angeles County j_2:':,,JMyCExpffe12O omm. 17 Signaturedb - d r� - (Seal) NV • ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles ) On January 13, 2016before me, Ivonne Loera-Khatib, Notary Public (insert name and title of the officer) personally appeared Dan Patterson who proved to me on the basis of satisfactory evidence to be the person(s) whose named islLel— subscribed to the within instrument and acknowledged to me that he/she/they executed the same in histheritheir authorized capacity(les), and that by his/her/thetr signatures)-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. IVONNE LOERA-KHATIB WITNESS my hand and official seal. 11 Commission#2028598 a -�'�, Notary Public-California z 1,' Los Angeles County — g _1._ My Comm.Expires Jun 11,2017 Si gnature�- �'meri , (Seal) NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID [Public Contract Code § 7106] State of California ) County of Los Angeles ) ss. City of Los Angeles ) The undersigned declares: I am the Secretary of STL Landscape, Inc., the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company association, organization, bid depository,or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership,joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of Cain' is th. - e foregoing is true and correct and that this declaration is executed on [date , at Los Angeles [city], California � - . "1/1/111111111111111111\''Signature Subscribed and sworn to before me on (Date) (Notary Seal) Signature Notary Public P - 18 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 13th day of January , 20 16 , by Dan Patterson proved to me on the basis of satisfactory evidence to be the pe o eared before me. IVONNE LOERA-KHATIB tl" Commission #2028598 Q �+� -!;a-41:. Notary Public-California Los Angeles County My Comm.Expires Jun 11,2017 Si natu(Seal) g ACKNOWLEDGMENT OF ADDENDA Bidder's Name: STL Landscape, Inc. The Bidder shall signify receipt of all Addenda here, if any: Addendum Number Date Received Signature If there are more r dd; daAK•- - s room in the chart above, attach another page acknowledging re•-ipt u - Addenda. Signature: / iir ' / Title: secretary Date: 1/13/16 P- 19