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