The URL can be used to link to this page

RPVCCA_SR_2010_03_16_03_City_Maintenance_Contract_ExtensionsCITY OF RANCHO PALOS VERDES MEMORANDUM TO:HONORABLE MAYOR &CITY COUNCIL MEM~,k M&.rb FROM:RAY HOLLAND,DIRECTOR OF PUBLIC ~{/\YV'~r DATE:MARCH 16,2010 U SUBJECT:CITY MAINTENANCE CONTRACT EXTENSIONS REVIEWED:CAROLYN LEHR,CITY MANAGER 02.- Project Manager:Bindu Vaish,Associate Engineer ~ RECOMMENDATIONS Approve a one year extension,effective April 3,2010,to the contracts with: 1.AJ.Fistes Corporation for building painting maintenance. 2.PCI for pavement striping maintenance. BACKGROUND AND DISCUSSION A.J.FISTES CORPORATION On April 3,2007,the City awarded a contract to A J.Fistes Corporation for the City's building painting maintenance project.The contract had an initial term of three years with the possibility of three (3)one-year extensions thereafter.The original term will expire on April 3,2010. Based on AJ.Fistes's satisfactory performance both in terms of quality of work and timely performance,staff recommends that the contract with AJ.Fistes for building painting maintenance be extended for an additional year. PCI On April 3,2007,the City awarded a contract to PCI for the City's pavement striping maintenance.The contract had an initial term of three years with the possibility of three (3)one-year extensions thereafter.The original term will expire on April 3,2010. Based on PCl's satisfactory performance both in terms of quality of work and timely performance,staff recommends that the contract with PCI for pavement striping maintenance be extended for an additional year. 3 - 1 FISCAL IMPACT As stated in the terms of the contract,there may be a price increase for each bid item in accordance with Producer Price Index (PPI)published for Los Angeles County. There was no PPI increase in FY 2009-2010.However,should there be a PPI increase in FY 2010-2011,the bid items will be adjusted accordingly.There are adequate funds available in the budget for these services. Attachments: First Amendment to Agreement between the City of Rancho Palos Verdes and A.J. Fistes Corporation. First Amendment to Agreement between the City of Rancho Palos Verdes and PCI. Original contract for Building Painting with A.J.Fistes corporation. Original contract for Pavement Striping with PCI. W:\Bindu\Maintenance\2010 Pay striping&buildingpainting\RPVCCA_SR_2010_03_16 Maintenance contract extensionsrev2.doc 3 - 2 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND A.J.FISTES CORPORATION This agreement is an amendment to the building painting maintenance agreement between the City of Rancho Palos Verdes ("City")and A.J.Fistes Corporation ("Contractor"),dated April 3,2007 ("the Agreement").This amendment to Agreement is effective as of April 3,2010 and is being made to extend the term of the Agreement for one year. Section 1.Section 2 of the Agreement is hereby amended to read as follows: 2.Term:The Contract shall commence on April 3,2010,and shall continue in full force and effect through and including April 2,2011,unless earlier terminated as provided in section 6 herein.This Contract may be extended for up to two (2)additional one-year terms by mutual consent of both parties. Section 2.Except as expressly amended by this first amendment to Agreement,all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF,City and Contractor have executed this amendment to the Agreement as of the day and year first above written. CITY OF RANCHO PALOS VERDES ("City") By:_ Mayor ATTEST: By:_ City Clerk A.J.FISTES CORPORATION ("Contractor") Signature:_ Printed Name:_ Title:_ R6876-0001\1212378v1.doc 3 - 3 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF RANCHO PALOS VERDES AND PCI This agreement is an amendment to the pavement striping maintenance agreement between the City of Rancho Palos Verdes ("City")and PCI ("Contractor"), dated April 3,2007 ("the Agreement"). This amendment to Agreement is effective as of April 3,2010 and is being made to extend the term of the Agreement for one year. Section 1.Section 2 of the Agreement is hereby amended to read as follows: 2.Term:The Contract shall commence on April 3,2010,and shall continue in full force and effect through and including April 2,2011,unless earlier terminated as provided in section 6 herein.This Contract may be extended for up to two (2)additional one-year terms by mutual consent of both parties. Section 2.Except as expressly amended by this first amendment to Agreement,all of the other provisions of the Agreement shall remain in full force and effect as written in the Agreement. IN WITNESS WHEREOF,City and Contractor have executed this amendment to the Agreement as of the day and year first above written. CITY OF RANCHO PALOS VERDES ("City") By:_ Mayor ATTEST: By:_ City Clerk PCI ("Contractor") Signature:_ Printed Name:_ Title:..,...,.-_ R6876-000 1\1212381 v1.doc 3 - 4 CITY OF RANCHO PALOS VERDES CONTRACT FOR: FISCAL YEAR FY 2006..2007,2007..2008,2008·2009 Building Painting maintenance contract riA THIS AGREEMENT is made and entered this ~day of PrP ILl L.,2007, by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City",and A.5·fi.steg Orra--,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:BUilding Painting {maintenance contract 2006-2007,2007-2008.2008-2009,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.Term:The Contract shall commence on April 3,2007,and shall continue in fuJI force and effect through and including April 2,2010,unless earlier termination as provided in the section 6 herein.This contract may be extended for up to three (3)additional one- year terms by mutual consent of both parties. 3.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. C-2 3 - 5 ,, 4.Independent Contractor.It is specifically understood and agreed by all parties hereto that Contractor is 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. 5.Assignment.This agreement may not be assigned by Contractor,in whole or in part, without the prior written consent of City. 6.Termination.This Agreement may be canceled by the City at any time without penalty upon thirty (30)days'written notice.In the event of termination without fault of Contractor,the City shall pay Contractor for all services rendered prior to date of termination,and such payment shall be in full satisfaction of all services rendered hereunder. 7.Worker's Compensation Insurance.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the paYment of compensation to its employees.In accordance with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's 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." 8.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. 9.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 C-3 3 - 6 I entitled to recover,in addition to all other relief,its reasonable attorneys fees and court costs. 10.Insurance Requirements.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 $3,000,000.00 combined single limit coverage against any injury,death,loss 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 $1,000,000.00; and (4)worker's 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 insured on the policy (ies)as to comprehensive general liability,property damage,and worker's compensation coverage's. 1.All insurance policies shall provide that the insurance coverage shall not be non- renewed,canceled,reduced,or otherwise modified (except through addition of additional insured to the policy)by the insurance carrier without the insurance carrier giving the City thirty (30)day's prior written notice thereof.The Contractor agrees that it will not cancel,reduce or otherwise modify said insurance coverage. 2.The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,and such insurance is available at a reasonable cost,the City may take out the necessary insurance and pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted,at the option of the City,from payments due the Contractor. 3.The Contractor shall submit to the City (1)'insurance certificates indicating compliance with the minimum worker's compensation insurance requIrements above,and (2)insurance policy endorsements above,not less than one (1)day prior to beginning of performance under this Agreement.Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement,"copies of which are attached hereto. IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. By:-+~£....:lIo.-.:::~--.lt..-l---____;f__--- By:-..........,""""-l...t.l,..d<.=-r~"'-I.~..-.::'lt'-----I------ CONTRACTOR: By:=--::~----"\--__""'_ C-4 3 - 7 State of CALfFORNIA ALL ..PURPOSE ACKNOWLEDGEMENT CoJtfoyni (A County of Los Ahgdes On ~J/'2oD]befor:me, personally appeared /rna.""'SG..dau.....,."""-"....h"":5'---.....E-L.::·sk::-:...:...::::--_--;-;---;-~=__=--------------'-1 Name(s)of Signer(s) t-E3+E~tEe~FB9i!e*AlaaiWlI~\I-'"*k:RnQlel.'N...nn-l:te9-fffiRiee-'08'ARf-~oved to me on the basis of satisfactory evidence to be the perso~whose name(~is/aPe subscribed to the within instrument and acknowledged to me that he/s.lilIii'tAiil)'executed the same in his/~authorized capacity~:and that by his/Ael'ltheir signature(lir)on the instrument the person(~,or the entity upon behalf of which the person~acted,executed the instrument. --_.---------OpriONAL------------------ Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment ofthis form to another document. Signer(s)Other Than Named Above: Description of Attached DOC~~ Tille or Type of Document:CrJ!(f-crLd!um"PeJ.s {/euks (~ Document Date:--N'-'A-:..<.---:-Number of Pages:"-Cf---------IJO)UL Capacity(ies)Claimed by Signer(s) Signer's Name:Signer's Name: RIGHT THUI,;SPRINT or.SIGI~ER o IndividualoCorporate OfficeroTiUes(s):o Partner---D~L~im-i~ted-~~D~G~e-n-e-ra~l--o Attorney-in-Fact .o TrusteeoGuardian or ConservatoroOther: RIGHT THU1.1SPRINT .OF SIGNER Top of Thumb here o IndividualoCorporate OfficeroTitle(s):o Partner -0 Limited 0 GeneraloAttorney-in-FactoTrusteeoGuardianorConservatoroOther:Top of Thumb here Signer Is Representing:Signer Is Representing: 3 - 8 CHECKLIST FOR EXECUTION OF CONSTRUCTION CONTRACT TO BE SUBMIITED BY SUCCESSFUL BIDDER: o Two Executed Notarized Copies of the Contract (Attached) o Payment Bond in Amount of Contract (Attached) o Performance Bond in Amount of Contract (Attached) o Workers Compensation Certificate (Attached) o Liability Insurance Certificate in the Amount of $1 Million,Naming the City as a Co-insured o Automobile Insurance Certificate in the Amount of $1 Million,Naming the City as a Co-insured o Agreement To Comply with California Labor Law Requirements (Attached) o Business License with the City of Rancho Palos Verdes o Indemnification and Hold Harmless Agreement (Attached) o Additional Insured Endorsement -Comprehensive General Liability (Attached) o Additional Insured Endorsement -Automobile Liability (Attached) o Additional Insured Endorsement Excess Liability C-1 3 - 9 EXECUTED IN DUPLICATE PERFORMANCE BOND K.NOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the CITY OF RANCHO PALOS VERDES ("Public Agency"),has awarded to A.J.FrSTES CORPOAAl'IOlJ 3290 E.WILLOW J LONG BEACH I CA 90806 Bond No.73844~!,_ PREMIUM:$793.00 PREMIUM IS FOR CONTRACT TERM AND 15 StJBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE (Namc and aJidress o/Colltractor). " ...... C'Principal"),a.contract (the "Contract")for the work described as follows:~mld1ng Paim~irlg (maintenance contract 2006-2007,2007~2008,2008-2009) WHEREAS I Principal is required under the tenns of the Contract to furnish a bond for the faithful perfomlance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and _ DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH,STE 200,IRVINE CA 92614 (Name alld address o/SUYety) ("Surely")a duly admitted surety insurer under the laws of the State of California,as Surely,are beld and firmly bound unto the Public Agency in the penal sum of-::-:c=--=,.,.-,;-r=-_ THIRTY ONE THOUSAND I SEVEN HUNDRED_.<?NE AND NO ,100 Dollars ($31,701 00 ),this amount being not less than tlle total contract pnce,in lawful money of the United States ofAmerica.for the payment ofwhich sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,sucoessors,and assigns,join11y and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,ifthe hereby bounded Principal,his,her or its heirs.executors,administrators,successors or assigns,shall in aU things stand to and abide by,and well and truly keep and perfoml all the undertakings,terms,covenants)conditions and agreements in the Conlract and anyalteralion thereof made as therein provided,on the Principal's part to be kept and performed,aU within the time and in the manner therein specified,and jn all respects according to their true intent and meaning,and shall indenmify and bold harmless the Public Agency,its officers,agents,and others as therein provided,then this obligation shall become nun and void;otherwise,it shall be and remain in full force and effect. In case suit is brought upon this bond,Surely 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 temlS ofthe Contract.or ofthe work to be performed (hereunder,or tbe specifications for lhe same,shall in any way affect its obligations under this bond,and it does hereby waive notice ofany such changel extension oftime,alteration,addition,or modifi cation to the tenus ofthe Contract or to the work or 10 tho specifications thereunder.Suretyherebyv,;aives the provisions ofCali fomi a Civil Code "2845 and 2849.The City is the primapaJ benefici3ry of this bond and has all rights of a party hereto. SPC06-12 C - 9 3 - 10 IN WHN.E8S 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 bt:Jow,lhe name ofeach corporate party being hereto affixed and these presenls duly signed by its undersib'lled represenlalive(s)pursuant to authority ofits governing budy. Da(ed:APRIL 27 I 2007 ~a~ ATTORNEY-IN-FACT MILLER By: JANET L. By:,_By:_ "IJrincipaJ""Surety" A.J.DEVELOPERS SURETY AND INDEMNITY COMPANY Its (Seal)(Seal) APPROVED AS TO SURElY AND PRINClP.AL AMOUNT APPROVED AS TO FORM: RICHARDS,WATSON &GERSHON A Professional Corporation By:--'-_ Insurance Administrator By:_ Public Agency Attorney NOlc'This bond must be l!:«!Cllted in rJuplicnle ami daied.aU signatures //lust be notarizea.alld .."'Vidence 0/the?authoriJ:y 0/any pcr.son !igning as attorney-in-fact must be attached SPC06-12 C -10 3 - 11 CALIFORNIA ALL-.PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino On April 27.2007 }ss. before me,Pamela McCarthy.Notary Public Name and TiUe of Officer (e.g.,"Jane Doe,Notary Public") Personally appeared ....,Ja"..n..:,::e....t.=L......M=iII"",e....r -------:-:----:c-:-:-:::----.-:--------------- Name(s)of Signer(s) IXJ personally known to meoprovedtomeonthebasis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. R ·~~~~ofN"'P~ OPTIONAL Though the information below is not required by law.it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenl Description of Attached Document Title or Type of Documenl:---:--:---:-_-:-=_ Document Date:~~--~--------Number of Pages:_ Signer(s)Other Than Named Above:_ Capacity(ies}Claimed by Signer(s} Signer's Name:,_ a Individual o Corporate Officer Title,------------ CJ Partner -a Limited 0 General IXJ Attorney-in-Fact a Trustee CJ Guardian or Conservator Other:,_ Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here 3 - 12 EXECUTED IN DUPLIVATE PAYMENT BOND (LABOR AND l\1..A.TERlALS) KNO"\V ALL PERSONS BY THESE PRESENTS that: VVHEREAS the CITY OF RANCHO PALOS VERDES ("Public Al!eDcv"),has awarded to 'A ••7.FISTES CORPORATION329UE.WILLcm LONG BEACH,CA 90806 Bond No.738441P PREMIUM INCLUDED IN PERFORMANCE BOND (Nliml1 and address o!ConJl'eu:tor) (FWriD~pci1'),a:~nt~#f~~C ~:Ccintt~c;t"lfQt:th~:W~~¥lib~d~S1oJJOws:-..BilildingJliLm~~.:'-', (rilainten3nce,007;i1:Jj6t~fi06''''2007,.2007·2{)08;:2008.~Q,Q9);;~.,:':...:'.:.." ".:",:.f'" . WHEREAS,Principal is required under the terms of the Camrae[and the California Civil Code to secure the payment of claims of laborers,mechanics,maTerialmen,and other persons as provided by law. NOW,THEREFORE,we,the undersigned Principal,and DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH,STE 200,IRVINE,CA 92614 (NDme and ad(lress ofSwety) ("Surety")a duly admitted surety insurer under the laws of the State of California.as Surety.are hel<i and finnly bound unto '/he Public Agency in the penal sum of -:-_ THIRTY ONE THOUSAND,SEVEN HUNDRED ONE AN!)NO 1-=1=..00:::.._ Dollars ($31,701.00 ),this amount beingnot less than fifrypercent (50%)ofth~ total contract price,in la"'ful money ofthe United States of America.,for the payment of which sum well and tIuly to be made,we bind ourselves,our heirs,executors,administrators,successors,and assigns,jointly and severally,firmly by these presents. THE CONDfTION OF THIS OBLIGATION IS SUCH THAT,ifthe hereby bounded Principal,his,her or its heirs,executors,administrators,successors or assigns,or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code,or any amounts due under the Unemployment Insurance Code with respeot to work or laborperfonned under the Contrac~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 respeot to work or labor performed under the Contract,the Surety ......'ill pay for the same in an amount not exceeding the penal sum specified in this bond;otherwise,this obligation shall become null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right ofaction to such persons or their assigns in any suit brought upon the hondo 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 comt. Further,the Surety,for value received.hereby stipulates and agrecs that no change,extension of time, alteration,a<idirion or modification to the torms ofthe Contract,<lr ofthe work to be performed thereunder:or the specifications for the same,shaH in aoy way affect its obligations under this bond.,and it does hereby waive notice ofany such change,extension oftime;alteration,addition,or modification to the terms of the Contract or to the work or to the specifications thereunder.Surety hereby waives the provisions of California Civil Code '2845 and 2849. SPC06-12 C-7 3 - 13 IN WITNESS WHEREOF,two (2)identical counterparts of this instrument,each of which shall for all purposes be deemed an oliginal hereof,have been duly execu led by Principal and Surely,Oll the date set forth below,the name of each corporate party being hereto affixed and these presents duly signed by its undersigned rcprcsootative(:»pur:SUl:ID!10 authority of its governing body. Dated:~A~P~R""IL=-=2::..:7.....,_=20:::..;O::,.;7:..._ A.J. By:-'MJtff4>It2$7iS"762 Its P,U-:s'1 P ('"1JV:r BY-_ Its (Seal) APPROVED AS TO SURETY AND PRINCIPAI..AMOtJNT By:_ Insurance Administrator "Surety" DEVELOPERS SURETY AND INDEMNITY COMPANY By<#L#~ JANET L.MILLER By:'--_----::--_ Its (Seal) APPROVED AS TO FORrv!:: RiCHARDS.WATSON &GERSHON A ProftssionaJ Corporation By:"'""::""-:-:-:--_ Public Agency Attorney Nore:This bond must be executed in duplicate and dated.ali signatures must be notar,zed,alld evidence o/the authority ~flIny pfmon signing all atJomcy-in-fact JlfliSf be ottached.• SPC06-12 C-8 3 - 14 CALIFORNIA ALL-,PURPOSE ACKNOWLEDGEMENT State of Ca'lifornia County of San Bernardino On April 27,2007 }~, before me,Pamela McCarthy.Notary Public Name and Tille of Officer (e.g.,"Jane Doe,Notary PUblic" Personally appeared ~Ja!::!.!n~e~t.:::L,,--.M=ilI~e.!...r -------::-:~;':7-;==:--------------- Name(s)of Signer(s) AA-<::J!#M~~~I¢..'I~'~ .•,PAlvIEU\MCCARTHY ! f~'"·COMM.#1659202 ~ .:i NoTARY PUlll.lC -CA1.IFORNIA ....~SAN llERNAROINO.COUNTYi.~e~.Comm,Expires Apn!30.2010 ~~"''\t~'1rJoI'I. \XI personally known to meoprovedtomeonthebasis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person,or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal.o OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document -------------- Document Date::::-----:--:--_-:-:-:--_______Number of Pages:_ Signer(s)Other Than Named Above:_ Capacity(ies)Claimed by Signer(s) Signer's Name:_ o Individual o Corporate Officer Title :--_ CJ Partner --0 Limited 0 General IiSl Attorney-in-Fact o Trustee CJ Guardian or Conservator Other:_ Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here 3 - 15 POWEH.OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725.IRVINE.CA 926B (949)263-.H00 KNOW ALL MEN BY THESE PRI:SENTS.that eKeept ~s expressly limned.DEVELOPERS SURETY I\ND INDEMNITY COMI'A"'Y and INDEMNITY COMPANY 01'CALIFORNIA.do cacho hereby make.constilUle and appoinl: ***Jay P.Freeman,Janet L.Miller,Pamela McCarthy,Susan C.Monteon,jointly or severally*** a,their true and lawful Altoll1eybHn-Fuct.II'make.execUie.deliver and acknuwledge.iiII'and t,n behalf of said cOllloraliuns.as surelics.bonds.undertakings and contr~clS ofsuretyship giving and granting 11l1l('said AU(lrney(s)-in-FacI full power and auth(lrity 10 do ~nd to pertonn every act nccessury.requisite Or proper tll be done in ellllneetion therewith ~s eueh 01'said corporations could do.bill reserving lu each of said eOllloratiuns full jlower of substitUlion allll revocation.and all ofthe acts of:;aid Auomeyls).in.l'act.jlurSUanll<llhcse preli<:nts.are hereby ratified and contirmed. This.P<lwer ofAtturney is granted and is signed by fac.~imHe under and by a\lll1(lnlY uf the followmg resolmions adopted by the respective BOilrd of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIPORNIA.etlcetive as of November I,2000: RESOLVED.thaI the Ch~innan ofthe Board.the President and any Vice PreSident ufthe eorpuration l'Je.and Ihill each llfthcm hereby is.aUlhllrized to exeeUle Powers ofAu<,mey.qualifying the aU(lmey(s)named in Ihe Powers ofAnomey to execute.on beha!1'ofthe c<lrpllruti(ln~.bonds,undennkin~s and contracts of surelyship;and Ihat the Secretary or any !\S,ist:Ull Secretary 111'the corpor.J1lOns be.and cach of thcllI hereby is.authorized 10 allest the exceution of any such Power ofAuorney: RESOLVE!.>.FURTHER.thmthe signatures of such ollicers may be aftixed to any ~uch I'llwer (,fAtl(lnlcy or 10 any certitieate rclUling thereto by tacsimile,nnd any such Power of AllOITICY or certificate bearing ,uch 11lcs.ill1He signatures shall be valid and binding upun the corporalion when so affixed and in the future with respect to any bond.undertaking or contracl of suretyship to which il is au ached. IN WITNESS WHEREOF.DEVELOI'ERS SURETY AND INDEMNITY COMPA"'Y and INDEMNITY COM!'A"Y OF CALlf'OR"'IA have severally caused these presents 10 be sil,med by their respective Executive Vice President and altested by their respeclive Secretary this I,t day ot'Dccember.2005. -~-"'" BY:~:::=~~~~~~~~===-David H.Rhodes.Executive Vice-PresIdent ~.~By,..,-,-,..,-,-_-:::--"-_"-_ Walter 1\.Crowell.Secretary STATE 01'CAI.WORKIA COUNTY OF ORA NOH ] On Dceember I.200S before me.Gina L.Gamer.Notary Pul'JHe (here inscrinallle and title of the otftcerl.personally appeared David H.Rhodes and Waltcr A.Crowell.personally known to me (or I'l'llvcd to Ille on lhe ba\is of satistactory evident'e)to be the pCfSOn!s)whose llallle(s)is/are subscribed to the within instrument und acknowledged to me lhal he/she/they e:leeUled the same in his/her/their authorized t·llpacitylksl.and lhat by his!hCf/theirs.i~nalun....s)tIn thc inslllnllent Ihe person(s).or lhe entity upon behalf of which the personls)acted.executed the instnnnenl. WITNESS my hand and otlidal seal. Slgnatl\re __6ma ·_~__~_"=__(SEAL) n:RTIFICAn; ( t e t t t ~~~~.~~~~E~t ~~fj COMM.#1569561 ~ NOTARY PUBUC CALIFORNIA § ORANGE COUNTY ~1~i"~Cl!!!!~.~~i,r;,~.~~.!.~~....•;+...'"'"V "iVy •• The lIndersigned.a,Assistant Seeretmy.ofDEVELOPIiRS SURETY A"'J)INDEMlI<lTY COMPANY an<llNDEMNITY COMPANY OF CALIfORNIA, dOt's hereby cenify Ihal the fbreglling 1'<lwer uf AUontey rell1all1s in fuJI ",rce and has lIot heen rt'vokc<l.and funhermore,lhm lhe provisions (If tlte resolutiuns of Ihe respecltve Hllards of Direclors of said corporations sel t",nh in the Power ofAlIllnley.are in force as oftlte dale oflhis Cenificale. This Cenitkllte IS executed til the City of Irvinc.CHlithnlla.the 27TH day or _--=AP=..::R,::I=.L=::..--,2"",0",0,,-7,--_, Hy~l-~ AIbert Hillebrand.ASSistant Secrelary ID·IJRO (Re\'12i(5) 3 - 16 u:::===:::.:.:.-__-+;:f•.. 810912001 1112012OO711/2012006 1l2912OO1 I 810912006 I I I 1CAC-4527211 I I --~---- ,alm*oau IoIA8lU"lY DANVAUTO h~l ALLOWHl!DAlJTOS ~6CH&DULf!DAIJTOS .-JllllUIClAUTOlil NOltIOWHaJAUTOS ·_--.....;..---------------_......_------~------.,....-----...., IWORIOIItllCOllPBM.IlGNAHDEllPLCMlIlI'lJAIIlUTY ,"""'PII~TNERiElC£OUtlVEIOl'FICEAlUI!IIIIll1AEIlCWDED7;m:_ C ~ERA 8 A J F1STES CORPORATION ANASTASIO F1STES P.O.BOX 469 SAN PeDRO.CA 90733 THE POL.ICIES OF INSURANCE LISTED BfL,OW HA'!!8Ee",\$SUED TO 'tHE INSUltED ftAMlDA80V!FOR THE POUC'f PERIOD INOlCATEO,IIIOTWl1'HGTANOlNG ANY ReQUIREMENT',TERM OR CONDitiON OF AtN CON T OR OTHI!R DOClJ14E.NT INtTH R68PEC'T TO WHIC...TMIS CQl'IFIc;:ATE'MAY BE ISSUED OR MAY PIiI'lTAlN,THE lN$URAHC8 AffORDBO BY THB CRlMO HEREIN IS SUBJeCt TO ALI.THE TERMS,EXCl.USIONSAND CONDmoNS OF SUOH POI.ICIES.AGGRlGATEUMIT$SHOWNMAVHAVf\Be£N BYJ>A10CLMit$. I'OUCY'NU i PROtlllClR PROWORKS INSURANCE SERVICES INC 25550 HAWTHORNE BL.VD SUITE 305 TORRANCE,CA 90505 -~--------------- ~Ol'OIJtiRAl:lONa'LOCATlONI'VEHICLElS/ElCCWIlDlUiAllDEDBYaM:I(IIl:II!lI£HTI.SN!CIALPIlDVlSlOM$ CERl'If"ICATE HOLDER HAS BEEN REQUESTED TO BE NAMED AS ADDmONAl..INSURED PJ3 REQUIRED PER WRIl'TEN CONTRACT. ENDORSEMENT WILL f"OLLOW UPON ISSUANCE AND RECEIPT FROM'THE INSURANCE COMPANV'. CITY OF RANCHO PALOS VERDES 30940 HAWTHORNE BLVIJ RANCHO PALOS VERDE,CA 90275-5851 CAN IIMClIlloD NIY Of''IIlII ABOVE ol!lQlllBl!D POl.IClI!S eaCANes I ED IlllI'ORE 'I'KIltJllIWlTlOH bAlE 'QlSJlIU)I'.THE IIlUltf9 lIUillJWl WILL IlMNIAVOR'IO UAlL ..!L.OAVS WRrrTEM "0'111:£TO 1IIl!CER",,*,lE IlOUJII1I tiAlllf!O TO TIll!'LEFT.IIUT FAI.UfIE 10 DO so SHALL IloW'OIII!110 08~TIOlI OR ~nv OP Iltt'f ICIHD UPON 'l'IIl!IHlIUAER,IT,_1'8 Oft IIIlJIRIilIEIoITA'IMIlJ,. AU1'IlOfllZlD llIIPIIESI!lftA'IIVE HRISTIAN f:)RBORICH I JS ACORD 25 (2001108)•ACORD CORPORATION 1988 £13/(;9 ~d S~9BEB-99tHHE 9E:~1 LBB(;/IB/SB3 - 17 CERTHOLDER COPY SG P.O.BOX 420807,SAN FRANCISCO,CA 94142.-0807 CERTIFICATE OF WORKERS'COMPENSATION INSURANCE STATE COMPENSATION INSURANCEiFUND I ISSUE DATE:04-26-2001 RANCHO PALOS VERDES 30940 HAWTHORNE BLVD RANCHO PALOS VERDES CA 90275-5351 SG GROUP: POLICV NUMBER:1845546-2007 CERTIFICATE ID:21 CERTIFICATE EXPIRES:04-22-2008 04-22-2007/04-22-2008 THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE #20 DATED 04-26-2007 daB:MAINTENANCE CONTRACT This Is to certify that we have issued a valid Workers'Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the polley period Indicated. This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to Its normal expiration. This certificate of insurance Is not an Insurance policy and does not amend,extend or alter the coverage afforded by the policy listed herein.Notwjthstsndin~any requirement,term or condition of any contract or other document with respect to which this certificate of Insurance may be issued or to which it may pertain,the insurance afforded by the policy described herein is subject to aU the terms.exclusions,and conditions,of such policy. a::-R~~ EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS:$1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 -ANASTASIOS FISTES P -EXCLUDED. ENDORSEMENT #1600 -NIKI FISTES S,T -EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS'NOTICE EFFECTIVE 04-22-2007 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER 4 ~FISTES CORPORATION 290 E WILLOW ST SIGNAL HILL CA 90755 IREV.2-05) SG [GED,CN] PRINTED 04-26-2007 3 - 18 CITY OF RANCHO PALOS VERDES CONTRACT FOR: FISCAL YEAR FY 2006-2007, 2007-2008,2008·2009 Pavement Striping maintenance contract THIS AGREEMENT is made and entered this 3 day of APR I L ,2007, by and between the CITY OF RANCHO PALOS VERDES,hereinafter referred to as "City",and --pC I.,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:Pavement Striping (maintenance contract 2006-2007.2007-2008.2008~2009,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.Term:The Contract shall commence on April 3,2007,and shall continue in full force and effect through and including April 2,2010,unless earlier termination as provided in the section 6 herein.This contract may be extended for up to three (3)additional one- year terms by mutual consent of both parties. 3.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. C-2 3 - 19 4.Independent Contractor.It is specifically understood and agreed by all parties hereto that Contractor is 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. 5.Assignment.This agreement may not be assigned by Contractor,in whole or in part, without the prior written consent of City. 6.Termination.This Agreement may be canceled by the City at any time without penalty upon thirty (30)days'written notice.In the event of termination without fault of Contractor,the City shaU pay Contractor for aU services rendered prior to date of termination,and such payment shall be in fuJI satisfaction of all services rendered hereunder. 7.Worker's Compensation Insurance.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees.In accordance with the provisions of California Labor Code Section 1861,the Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Gode which require every employer to be insured against liability for worker's 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." 8.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 aU 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. 9.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 C-3 3 - 20 entitled to recover,in addition to all other relief,its reasonable attorneys fees and court costs. 10.Insurance Requirements.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 $3,000,000.00 combined single limit coverage against any injury,death,loss 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 $1,000,000.00; and (4)worker's 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 insured on the policy (ies)as to comprehensive general liability,property damage,and worker's compensation coverage's. 1.All insurance policies shall provide that the insurance coverage shall not be non- renewed,canceled,reduced,or otherwise modified (except through addition of additional insured to the policy)by the insurance carrier without the insurance carrier giving the City thirty (30)day's prior written notice thereof.The Contractor agrees that it will not cancel,reduce or otherwise modify said insurance coverage. 2.The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect,and such insurance is available at a reasonable cost,the City may take out the necessary insurance and pay the premium thereon,and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted,at the option of the City,from payments due the Contractor. 3.The Contractor shall submit to the City (1)insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above.and (2)insurance policy endorsements above,not less than one (1)day prior to beginning of performance under this Agreement.Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement,"copies of which are attached hereto. IN WITNESS WHEREOF,the parties hereto have executed the within Agreement the day and year first above written. CITY OF Ri!~ALOS VERD9r::;:... By:~'--_··_·~-d-L./ -Mafor ~/ ATTEST:C l/ By:(J/t}J-A-~&- CitYCle~i7CONTRACTOR:pc I.~'---- B~~l vJdli6(.YT'\G.Ja.cob-Pres;de tiT C-4 3 - 21 '1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r,-<'..~~~~.{X:'<E&<:«~¢,,&:~~J!;<:&,&<:&<:&<:~&£~~A;;f.~~A;;5'&.i[;('~-rY. I· State of California } ~_ss.County of ~ANGELES On •before me,Celeste A.Graham Notary Public Oala Name and TiUe of Officer (e,g.'Jene Doe,Nolery Public") ,I personally appeared WILLIAM G.JACOB PRESIDENT,PCl Name(s)of Signar(s) ~personally known to me o proved to me on the basis of satisfactory evidence CELESTE A.GRAHAM~~.>COMM,#1600308~ ,;,.,-.;~/i!{OIARY PUBLlC-OALIFORNIAtI.l-Jr/'l'LOS ANGELES OOUNTY ....~MY CClI.M.EXP.AUG,n.2009 to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which ~person(s) acted.executed the instrument......"..,.;.... I " 'j Place Notary Seal Above Document Dale:Number of Pages:_ Signer(s)Other Than Named Above:~.....:.:::,..'_._ •Top ot thumb here ----------OPTIONAL ---------- Though the information below is not required by Jaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documet.~.v Description of Attached Document Title or Type of Document _ Capacity(ies)Claimed by Signer Signer's Name:_ o Individual o Corporate Officer -Title(s): o Partner - 0 Limited 0 General o Attorney in Fact L.J Trustee o Guardian or ConservatoroOther:_ Signer Is Representing:'--' II)1999 Nahonal NOlary Asoodahon'9350 De SolO Ave,PO Box 2402'Chal,wonh,CA 91313·2402 'www naUonalnolary.ollJ Prod No,5907 Reordet Call ToI~Free1-8lJo.B76-6B27 3 - 22 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 helshe 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.Bya 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.Bya 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.Bya 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. STATEOF ) )SS. COUNTY OF ) On ,20__,before me,the undersigned,appeared _ known to me to be the President or Vice President and known to be to be the Secretary or Assistant Secretary of the corporation that executed the within instrument,and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its City Council. WITNESS my signature and seal. Notary Public (Seal) SPC06-12 C-5 3 - 23 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shan 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-fonn 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 instrred 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 role 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 instrrance 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 pollcy 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 -6 3 - 24 Bond No.tm4-45-25 PmnilJn:$1 ,443.00 PERFORMANCE BOND KNOW ALI.PERSONS BY ntESE PRESENTS that WHEREAS the City of.Rcn:iD Ba1a3 \e:d:s ('"Public Agency"),has awarded to -:;ECJ:~~;'N"'!"'''l=U:'''"------------ 1105 HIll st::. Igy B::a:h,CA 9Cm5 (JItqM tmd iJddreu ofConIrt1ctOt) (".Prlncipalj,a contract (tl1e "Contract")for the work dcscdbed as follows:Pawment Striping (maintenance oontract 2006·2007,2007.2008,2008-2009) WHEREAS,Principal is required under the terms of the Contract to furnish a bond for the mitl1fUI performance ofthe ContTact. NOW,THEREFORE,we,the undersigned Principal,and Eakal lhsilJI:a:I:S <l:Jlt:'SV 15 M:Iriain VJs.1 Ri. (NtlrtHl aJtd tJidIWS oj'$uNty) ("Surety'')a duly admitted $Ut'ety inst:tter under the laws ofthe State ofCa1ifornia,as Surety,are held and firmly bound unto the Public Agency in the penal sum of em Iu:Dr.e:i sixl¥tl1::usi::ltI :fi:m:lu.".dte3 tEn an:i roI1oo Dol1ars ($160,410.00 ),this amount being not less than the total contract price,in lawfUl money of tho United States of AmerlO8c.for the payment of which sum. we))E1nd truly to be made,we bind ourselves,our heirs,executors~administrators,successors,and assigns, jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bowded Principal,his,her or its heirs,executors,administrators,successors or assigns,shall in all things staDd to and abide 'by,a:ad well and truly keep and perform.all the undertakings,tenns,covenants,condi1ions and agreements in the Contract and any alteration tlunof made as therein provided,on the Pri1\cipal'$part to be kept and performed,an within the time and in the manner therein specified,and in all respeots aCC01ding to their true intent and meaning,and shaD it'Idemnify and hold bmmless the Public AgtJ1ey,its officers,agents, and others as therein provided,then dlis obHgation 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 f\u1her agp;es to pay all court costs Md Te8$ODllble attorneys'fees in an amount fixed by the court. SPC06-12 C-9 3 - 25 FURTHER,the Surety.for value :received.hereby stipulates and agrees that no change,enmsion of time, alteration.addition or modification to the terms of the Co:Im'sct,or of the work to be performed therwnder,or the specifications for the $8l')1c,shall in IDlY way affect its obligations under this bond,and it does hereby waive notice ofany such cWu1ge,ext_on of time,altemtion,addition.or modification to the tenns of the ('.ontraet or to the work or to the specifications thereunder.Surety hereby waives the provisions of Otlifomia Civil Code f 2845 and 2849.The ~is the principal betteficiatY of this bond and has aU rights ofa party hereto. IN WlTNESS WH.BRBOF,two (2)identical counterparts of this instrument,each of which sba11 for all purposes be deemed an original hereof,have been duly executed by Principal and S1.lt'etY,on the date set forth below,the name of each QorporI1te party being hereto affixed and these ~ts duly signed by i1s undersigned representative(s)pursuant to authority ofits gowming 'body. Dated:.Ap:il ~,'2JXJ1 ""Surety" R:I:Bal JiBJI3l:e Cl::Jlp:q{ By;,_N.........~_~-:;;e::-·':"""=_~_·_----'_ Its WI ni iltrn (;.Jet<.vb-rfe.sjder1+ By:,_ Its (Seal) APPROVED AS TO SURETY .AND PRlNCIPAL AMOUNT Ry:__-::-__--:-----:-_ Insurance Administrator By:_~---------Its APPROVED AS 10 FORM: RICHAlU>S,WATSON &.GERSHON A Professional Corporation By;~~......._------ Public Agency Attorney Note:71,,,,,1xmd mu.tt be eJmt:rd«l in duplicltte and dated.af/$fglUllW'ltt mrtSt be notarized,and e1'idenw of fflt i11lIhority oj'any pUJon sfgning II.~Drtornt!1"in-.fi;ct IIIJ4t be aJti1ehcd SPC06-12 C-10 3 - 26 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ';<1 ·~~~~~~~~.QS'~~&*...c('&'«.Q<'««M«.¢<.:'~~~~·~~~~-<Q-~-~-'~-Qi-~-'~.:Y.?S- I Slale of California } ~_ss,County of ~S_ANGELES I' " " I, On --=-..,..-•before me,Celeste A.Graham Notary Public Dale Neme and Title or OIIlcer (e.g."Jane Doe,Notery Public") personally appeared WILLIAM G.JACOB PRESIDENT,pcr Name{s)of Signer(s) QJ personally known to me o proved to me on the basis of satisfactory evidence 'I ·1 1 I I I ·1 'I ~CELESTE A GRAHAM I%l COMM.#1600308~~,',;~OTARY POBlIO~OALlFORNIA~ I.;,Y~I LOS ANGELES OOUNTY ...~1.v MY COM~EXP.AUG.Il,2009 ( 'V''4?'""6~::V'~Y Y y Place NOlary Seal Above to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which.tl.;\S person(s) acted,executed the instrument.·"",-- my hand and official-s~. -" .j .~ ----------OPTIONAL ---------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another docume!'t~.... Description of Attached Document Tille or Type of Document:_ Document Date:Number of Pages:_ Signer(s)Other Than Named Above:-......::.•.;....._ Capacity(ies)Claimed by Signer Signer's Name;_ o Individual o Corporate Officer -Tille(s): o Partner -0 Limited 0 General o Attorney in Fact o Trustee o Guardian or ConservatoroOther:_ RIGHT THUMBPRINT OF SIGNER ' Top of Ihumb here 'J .J Signer Is Representing:'---' ~. C 1999 NO~Ol1.,Nolary AssodoliOn •9950 Oe Solo Ave.po.80x 2402'C~atsworth.CA 91313·2402 •www.nal.......lnolary.OI\J PrOd.No 5007 ReonIBr.Call TolI·Fr..10800·876·6827 3 - 27 ACKNOWLEDGMENT State of California County of..;,O......ra!Ig..........a...e _ onApr.20,2007 before me,=--_A~•.;,.;;P......._:_:C..;.o......ats,~N-o__:ta_:::ry~P_:ub~l~ie__:=___:__ (here insert name and tifie of the officer) personallyappeared Do_D....,::gI::..a_s_A.._Ra--=-:pp"--_ personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies),and that by hislherltheir signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Signature_.......--=""--~~~---:;_--..;;:;~__ (Seal) 3 - 28 '~Chubb Surety POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn:Surety Department 15 Mountain View Road Warren,NJ 07059 Know All by These Presents,1batFEOERALINSURANCE COMPANY,an Indiana OClIpOIatIon,VIGILANT INSURANCE COMPANY,a New York corporation, and PACIFIC INDEMNITY COMPANY,a Wisconsin colpOl'ation,do each hereby constitute and appoint Doug las A.Rapp er Linda D.Coats of Laguna Hills,California---------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation In their names and to afIix their corporate seaJs to and deliver for and on their behalf as surely thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof (other than baD bonds)given or executed In the course of business.and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to In said bonds or obligations.. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and afllxed their corporate seals on this 22 n d day of January,20 0 4 STATE OF NEW JERSEY}$S. County of Somerset On this 22 nQlayof January,200 4 ,before me,a Notary PublIc of NewJeISey,pemonally came Kenne1h C.Wendel,to me known to beAssJstant Secretluy of FEDERAL INSURANCe COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies WhIch executed 1he loregoJng Power ofAttorney,and the said Kenneth C.Wendel being by me duly sworn,did depose and say that he IsAsslstant SecretaI)'of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNRY COMPANY and knows Ihe COIJlOr8Ia seaJs lhereof,lbat the seals aJIIxedto the lonlgaIng PoWer of Atlomey are such corporate seaJsandwere thereto atlixedby authoIltf oUhe 8l/-Laws oJ said Companles:andfhathesJgned said Powerof Attomey as AssIstant S8crelaJY of saldCompanles by nke euthorlty;and that he Is acquainted wIIh Frank E.AobeI1Son,and knows him to be VIce President oJ said Companies;and that the signature of Frank E.Robertson. subscribed to said Power 01 Attorney Is In the genuine hamfwritlng of Frank E.Robertson,and was lhereto subscribed by aUJhority oJ said By-Laws and In deponenrs presence. Karen A.Price l\tot.ary Pubfic State of New Jersey -----'taJ U Jl .U-LU No.2231647 Notary PubJlc lotarial Seal ~~~~:of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.and PACIFIC INDEMNITY COMPANY: -All ~attorney for and on behalf of the .company may and &hall be executed In the name and on behalf of the Company,either by the Chainnan or the President or a Vice President or an AssIstant Vice President,Jointly wllh the Secretary or an Assistant Secretary,under their respecllve de$ignatlons.The signature of such oIfioers may be engraved,printed or lithographed.The signature of each of the folJowlng ofIlc:.eta: Chairman,President,any Vice President,any Assistant VICe President,any Seaetary,any AssIstant Seaetary and the seal of the Company may • be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys-In-Fact for PUlJlOSes only of executing and attesting bonds and Undertakings and other writings obligatory In the nature thelaOf,and any such power of attomey or certific:ate bearing such facsimile signature or facsimile seal shall be valid and bfrldIng upon the Company and any such power so executed and certified by such facsimile slgna1Ure and facslmlJe seal shan be valid and binding upon the Company with respect to any bond or undertaking to which It is attached: I,Kenneth C.Wende~Asslstantsecretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITYCOMPANY (the "Companies'do hereby certify that (I)the foregoing extract of the By-laws of the Companies Is true and correct, (ii)the Companies are duly flcensed and authorized to transact surety business In aliSO of the United States of America and the DIs1rict of Columbia and are authorized by the U.S.Treasury Department;further;Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Istands,and Federal is licensed in American samoa,Guam,and each of the Provinces of Canada except Prince Edwald Island;and (ili)the foregolng Power of Attorney Is true,correct and In fun foroe and effect. Given under my hand and seals of said Companles at Wanen,NJ this _.::nh day of 4riJ.-",-_._2i1J7 _ Kenneth C.Wendel,Assistant secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY.OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone (908)903-3485 Fax (908)903-3656 e-mail:surety@chubb.com Fonn 15-1 Q.0225 (Ed.4-99)CONSENT 3 - 29 Bond No.tm4-45-25 PLe:ni.un ifu'Iidif PAYMENT BOND (LABOR AND MATERIALS) KNOW AJ...J...PERSONS BY THESE PRESENTS that: WHEREAS the Cit:¥of Rarrlo Eales va:d=s ('Public Agency'')~has awarded to 7:R::I:~~'"'I"l"'-=:------~---_ 1105 Hill St. WHEREAS.Principal is required under the terms of the Contract and the California Civil Code to secure the payment ofclaims ofla'borers,mechanios,materialmen,and other persons as provided by law. NOW.THEREFORE,we,the undersigned Principal,and EaEmllhsul:alx:e ~ 15 MiilIiiri v.i£W iii (Name and addms of811n:ty) t'Sw-ety")a duly admitted surety insurer under the laws ofthe State of california,as Surety,are held and finnly bound unto the Public Agency in the penal sum ofO:e lu:xhe:i sixty t:tmsarIi :6:ur lurlr.e:i tal em 00/100 Dollats ($1SJ,41o;4l ),this amount being not less than hundred percent (100%)of the t'Otal contract price,jn lawful money ofthe Uoited States ofAmerioa,for the paytDent of which sum we1t and ttuly to be made,we bind ourselves,oW'heirs,executonl,administrators,successors, and assigns,jointly and severally,firmly 'by these presents. THE CONDmON OF THIS OBliGATION IS SUCH THAT,if the herebY bounded Principal~his,ber or its heirs,executors,administ:rarors,successors or.assigns,or subcontractors shalt fail to pay any of the persons named in Section 3181 of the California Ci'Vil 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 dedtroted,withheld,and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pW'SWlnt to Section 13020 of the Unemployment Jnsuranoe Code,with respect to vvork or labor performed under the Contrac~the Surety will pay for the same in an amount not exceeding the penal sum specified in this bcmd;otherwise,this obligauOl1 shall become null and void. This bond sOOll inure to tbe 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 coart. Further,the Suret;y,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 SaIne,shall in e.ny way affect its obligations under this bond,and it does bereby waive notice of any such change,extension of time,a100ration,addition,or modification to SPC06-12 C-7 3 - 30 the terms of the Contract or to the work or to the specifications theretmdcr.Surety hereby waives the provisions ofCa1ifomia CWiI Code f 2845 .end 2849. IN W1TNBSS WHEREOF,two (2)identical oountmparts of this it$urnent;each of which sball for all purposes be deemed an original hcreo~have been duly executed by Prinoipa1and Surety,on the date set fortb below.the tmne of each corpora1c party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority ofits governing body. Dated:JP:il 21),2ro7 B~,--_ Its (SCQ/) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT By:'---:-__-.....-_ Insurance Admini5traror "Suretytl 81:·-------- Its APPROVED AS TO FORM: RICHARDS.WATSON &GERSHON A Professional ~ By:,----~------- Publio Agency Attarncy Norc:17/i:;band murt be q;mtIlIted in tluplkttte and dflled.all s1nnaturm ntJIrt be MtnriztJd.and fZ1Iit[tmt:e ofthe IlUlJrority tJf I!tI)I pmort signing tIS tlttOTTlQ.)l-In-fi:lct must bit tIItadted. SPCQ6-12 C-8 3 - 31 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT 'X'.c<:,¢('.{X';X«&'''¢<:~~~¢«&<',¢N!;('&!&)!;5}{X-¢(;m.¢('&'«~&X;£.¢£..-Qf:..~q:.¢<;.&>(X:.Q<:.cN;X&;«-tx' 1 I· I·Stale of California } County of _--''''''''''-''''''''''''''''''''''''''________55.LOS ANGELES On •before me.Celeste A.Graham Notary Public -----::OO:-al:-a----Name and TIUe of Officer (e.g.•'Jane Doe,NolaI)'PUblic') personally appeared WILLIAM G.JACOB PRESIDENI,PCl Name(s)of Signar(e) QJ personally known to me o proved to me on the basis of satisfactory evidence 'I .: ·1 1 '1 I -I CELESTE ~GRAHAM COMM.#1600308~ !'IJ :'NOTARY PUBLlC-CAl1FORNIA~ lit:J/~){I·rj LOnS.ANGEL.ES OOUNTY,,",Jv ~~~~o~11.2009 Y_.--.yr~~ Place Notary seal Above to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed th.e instrument. ------------OPT/ONAL ---------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document nile or Type of Document:_ Document Date:Number of Pages:_ Signer(s)Other Than Named Above:_ .J Capacity(ies)Claimed by Signer Signer's Name:_ o Individual o Corporate Officer -Title(s): o Partner - 0 Limited 0 General o Attorney in Fact o Trustee o Guardian or ConservatoroOther:_ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:'----' '. e 1999 National Notary Associalion'9350 Do Sota Ave ,PO 80'2402 •Chatsworth,CA 91313·2402'www.nallonal/lolary.org P'od.No.5907 Aeord<ir.Gall TolI·F,oe 1·600-876011527 3 - 32 "",-.. ACKNOWLEDGMENT State of California County of....;O..;.;.ra.;.;.;.=e _ onApr.20,2007 before me,-::---,.;;.;.A.;,.;.p.;..;,.~C;..;.o_ats....,:...N-o_:tary~-p-:u:_::'bn':"'""·e__.:=__:_ (here insert name and tifie of the officer) personally appeared,D_ougl-=:::...8S_A._Ra__pp~_ personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and ....· acknowledged to me that he/she/they executed the same in his/her/their 9.!1Ihorized 4: capacity(ies),and that by hislherltheir signature(s)on the instrument the per-sones), . or the entity upon behalf of which the person(s)acted,executed the instrument. lMTNESS~~___ SignahJre j 6 3 - 33 Chubb Surety POWER OF ATTORNEY Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company Attn:Surety Department 15 Mountain View Road Warren,NJ 07059 Know All by These Presents.lbatFEDERAL lNSURANCE COMPANY,an Indiana col'pOlalion.VIGILANT INSURANCE COMPANY.a New York corporation, and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation.do each hereby constitute and appoint Doug las A.Rapp 0r Linda D.Coats of Laguna Hills,California---------------------------------- each as their true and lawful Attorney-In-Fact to execute under such desfgnation In their names and to affix their corporate seals to and deliver for and on their behalf as surely thereon or otherwise,bonds and undertakings and o1her Writings obligatory In the nature Ihereof (other than ball bonds)given or executed In the course of business.and any Instruments amending or altering the same.and consents to the modification or alteration of any instrument referred to in said bonds or obligations.. In Witness Whereof.said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presems and affixed their corporate seals on 1I11s 22nd day of January,20 04 STATE OF NEW JERSEY} $S. County of Somerset On this 22 ndlayof January,2004 ,befoieme.a Notary PllbllcofNewJersey,peIIOMIIycame KennefhC.W8nde1,to me known 10 beAsslstant secretary of FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies whk:h executed the IoIegolng Powerof Attorney.and !he said ICennelh C.wendel being by me duly $WOm,did depose and say that he IsAssisIant Secrelary of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY,and PAetRe INOEMNnY COMPANY and knows the eotpOl'8t8 saaIs !hereof,that the seaJs ldIIlced to the fon:Jgo/ng POwer ofAttorney are suchcorporatesealsandwete Iherelo alllxedby aulhorilyofthe BJI-Laws of said CompanIes;andltat he signed sakf Powetof AlIomey as Asslstant SecntlaJyofsaid CompanIes by Uke aulhoIIty;and ltat he Is acquaInled with Frank E.Robertson,and knows hlm to be VIce President of said Companles;and that !he slgnaIwe of Frank E.Robertson, subscribed to said Power ofAttorney Is In 1llegenulne handwrillng of Frank E.Robertson.and was therelo subscIlbed by authority of said By-laws and In deponent's presence. lotarfal Seal Karen A.Price y.Ie....N~.ary Public State of New Jersey if.f)D I .41~ ",y ".N 2231647 ~~~a.A Qc!.SA .{AI!.-c..A. 0:;0"\"'''O.•Notary Public,8 \V >-,....:."'~J·~ri~.'l C\'f\~:~:'"o fi.!.....t'l",or-t./,;..,~\,\~\;,,·.J ;J,!.l:.,,7 '•.cERTIFlCA:1I0N Extracf of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: "All ~attomey for and on behalf of the Company may and shall be executed in lie name and on behalf of the Company,either by the Chainnan or the President or a Vice President or an ASsIStant Va President,jointly with the Secmtary or an Assistant Sacretaty,under their respective de$Igna1Ions.The signature of such oIJiceIs may be engraved,prirrled or 1IIhog/8Phed.The signature of each of the foIIowjng offlcem: Chairman,President,any Vice PresIdent,any AssiStant VICe President,any S8a'eta1y,any Assistant Secmtary and the seal of the CoI'Jpany may . be affixed by facsimile to any power of atIomey or to any certificate relating thereto appointing AssIstant Secretaries or Attorneys-In-Fact for purposes only of executing and a1testlng bonds and undertakings and o1her writings cbligatory In the nature thereof.and any such ppwer of attomey or certificate bearing such fac:simlle signature or facslmlfe seal shaD be valid and binding upon the ConlJany and any such power so executed and cerlified by such facsimile signature and facslmHe seal shall be valid and binding upon the Company with respect to any bond or undertaking to which It Js attached: I.Kenneth C.Wendel.AssIstant Secrelary ofFEOERAl INSURANCE COMP-ANY,VIGIlANT INSURANCE COMPANY,and PACIFIC INOEMNJTYCOMPANY (the "Companies'do hereby cerlffy that (I)the foregoing extract of the By-Laws of the Companies is true and correct, (Ii)the companies are duly licensed and authorized to transact surety business in all 50 of the United States of AmerIca and the District of Columbia and are authorized by the U.S.Treasury Department;furlher,Federal and ViglIant are licensed In Puerto Rico and the u.S. Virgin Islands,and Federal is Uoensed In American Samoa,Guam,and each of the Provinces 01 canada except Prince Edward IsJand;and (iii)the foregoing Power of Attomey Is true.conect and In full force and effect. Given under my hand and seals of said Companies at Warren,NJ this _2Oth day of 1lp:il...;;..-_·_2!m _ Kenneth C.Wendel.AssIstant Secretaly IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY,OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE,OR BY Telephone (908)903-3485 Fax (908)903-3656 a-mail:surety@chubb.com Form 15-10-0225 (&1.4-991 CONSENT 3 - 34 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 of 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 SPC06-12 C-ll 3 - 35 AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS [Labor Code 1720,1773.8,1775,1776,1777.5,1813,1860,1861,3700] The undersigned Contractor certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law: 1.Contractor acknowledges that this contract is subject to the provisions of Division 2,Part 7, Chapter 1 (commencing with Section 1720)of the California Labor Code relating to public works and the awarding public agency ("Agency")and agrees to be bound by all the provisions thereof as though set forth in full herein. 2.Contractor agrees to comply with the provisions of California Labor Code Section 1773.8 which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. 3.Contractor agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of 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 or by any subcontractor. 4.Contractor agrees to comply with the provisions of California Labor Code Section 1776 which require Contractor and each subcontractor to (1)keep accurate payroll records,(2)certifY and make such payroll records available for inspection as provided by Section 1776,and (3)inform the Agency of the location of the records.The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. 5.Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects,and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors. 6.Contractor agrees to comply with the provIsIons of California Labor Code Section 1813 concerning penalties for workers who work excess hours.The Contractor shall,as a penalty to the Agency,forfeit twenty~five dollars ($25)for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in anyone calendar day and 40 hours in anyone calendar week in violation of the provisions of Division 2,Part 7,Chapter I,Article 3 of the California Labor Code. 7.California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees.In accordance with the provisions of California Labor Code Section 1861,Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before co men ing the performance of the )work ofthis contract." Date ()l-i/do L..J)D"l Signature ;\1 iti(})b ·kv -pre.si den 1- SPC06-12 C-12 3 - 36 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract!Agreement!LicenselPermit No.or description:-POL ve me Y"l -\-3 -\-(,'/fL..l.·j.....Y\-~....."t--- _MeA\n t-e hh n C & Indemnitor(s)(list all names): To the fullest extent permitted by law,Indemnitor hereby agrees,at its sole cost and expense,to defend, protect,indemnify,and hold harmless the City of Rancho Palos Verdes and its elected officials,officers, attorneys,agents,employees,volunteers,successors,and assigns (collectively "lndemnitees")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,suppliets 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 pc,-r... jz=;t\;~By:{Jv"'""""~~....__=__""_ Its ""',\\,Myn (,J~'vb-"Pl"e5;dBn+ SPC06·12 C-13 Name _ By:_ Its 3 - 37 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address ofnamed insured ("Named Insured"): Name and address ofInsurance Company ("Company"): General description ofagreement(s),permit(s),license(s),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The --:-----:_ ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional 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 ofthe 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 ~P'.oIicy shall be primary insurance,and no other insurance maintained by the Additional Insureds shaH"be called upon to contribute with the insurance coverages provided by the Policy.--~.-:~. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limit~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.AU sucil..:.t:1aims 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 assuri<&,J by the Named Insured under the indemnification and/or hold harmless provision(s)contained in ~"E<r executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6.The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereof.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described ge:rerally 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. SPC06-12 .",,,, C-14 ....,.-3 - 38 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 THIS ENDORSEMENT ATTACHES POLICY PERIOD FROM/TO LIMITS OF 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 °OwnerslLandlordsffenants °Manufacturers/Contractors °Products/Completed Operations °Broad Form Property Damage °Extended Bodily Injury °Broad Form Comprehensive General Liability Endorsement °Explosion Hazard °Collapse Hazard °Underground Property Damage °Pollution Liability o Liquor Liability 0 _ o 0 _ 12.A °deductible or 0 self-insured retention (check one)of $_ applies to all coverage(s)except:_ (ifnone,so state).The deductible is applicable °per claim or 0 per occurrence (check one). 13.This is an 0 occurrence or 0 claims made policy (check one). 14.This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number _ I,(prillt 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 Telephone No.:( )_ SPC06-12 C -15 (Original signature only;no facsimile signature or initialed signature accepted) 3 - 39 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address ofnamed insured ("Named Insured"):_ Name and address ofInsurance Company ("Company ''):_ General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The _ ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional 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 perfonned by or on behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy.An 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 tenns,conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification and/or hold hannless provision(s)contained or executed in conjunction with the written agreel11ent(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6.The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations perfonned by or on behalf of the Named Insured regardless of any prior,concurrent, or subsequent active or passive negligence by the Additional Insureds. SPC06-12 C-16 3 - 40 8.It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. 9.This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 10.Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT ATTACHES POLICY PERIOD FROMfTO LIMITS OF LIABILITY 11.Scheduled items or locations are to be identified on an attached sheet.The following inclusions relate to the above coverages.fucludes: 1 Any Automobiles i All Owned Automobiles 1 Non-owned Automobiles i Hired Automobiles I Scheduled Automobiles 1 Garage Coverage 1 Truckers Coverage I Motor Carrier Act i Bus Regulatory Reform Act I Public Livery Coverage i i 12.A 0 deductible or 0 self-insured retention (check one)of $_ applies to all coverage(s)except:(ifnone,so state).The deductible is applicable G per claim or G per occurrence (check one). 13.This is an 0 occurrence or 0 claims made policy (check one). 14. Number This endorsement is effective on at 12:01 a.m.and forms a part of Policy I,(print name),hereby declare under penalty of peIjury 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 Telephone No.:(_ SPC06-12 C -17 (Original signature only; no facsimile signature or initialed signature accepted) 3 - 41 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address ofnamed insured ("Named Insured"): Name and address ofInsurance Company ("Company"): General description ofagreement(s),permit(s),licensers),and/or activity(ies)insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1.The --:----:_--:---:-:--::-...,..-_::-:--.,...-__--:-_..,..-_ ("Public Agency"),its elected officials,officers,attorneys,agents,employees,and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds")under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured.The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2.The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3.Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought,except with respect to the limits of the Company's liability. 4.Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy.All such claims shall be covered as third-party claims,i.e.,in the same manner as if separate policies had been issued to each insured.Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms,conditions and exclusions applicable to such insurance)includes liability assumed by the Named Insured under the indemnification andlor hold harmless provision(s)contained in or executed in conjunction with the written agreement(s)or permit(s)designated above,between the Named Insured and the Additional Insureds. 6.The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage,reduction of limits (except as the result of the payment of claims),or non-renewal except after written notice to Public Agency,by certified mail,return receipt requested,not less than thirty (30)days prior to the effective date thereto.In the event of Company's failure to comply with this notice provision,the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7.Company hereby waives all rights of subrogation and contribution against the Additional Insureds,while acting within the scope of their duties,from all claims,losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior,concurrent, or subsequent active or passive negligence by the Additional Insureds. SPC06-12 C-18 3 - 42 8.It is hereby agreed that the laws of the State of California shall apply to and govern the validity,construction,interpretation,and enforcement of this contract of insurance. 9.This endorsement and all notices given hereunder shall be sent to Public Agency at: City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes,California 90275 """"" 10.Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive,alter or extend any of the limits,agreements,or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH THIS ENDORSEMENT AITACHES POLICY PERIOD FROMITO LIMITS OF LIABILITY °Following Form °Umbrella Liability 0 _ 11.Applicable underlying coverages: ..... -.--." INSURANCE COMPANY POLICY NO.AMOU~' 12.The following inclusions,exclusions,extensions or specific provisions r~':;-*le to the above coverages: 13.A °deductible or °self-insured retention (check one)of $_ applies to all coverage(s)except:_ (ifnone,so state).The deductible is applicable °per claim or 0 per occurrence (check n..~#.). 14.This is an °occurrence or °claims made policy (check one). 15.This endorsement is effective on at 12:01 a.m.and forms a part of Policy Number _ I,(print name),hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20__ Signature of Authorized Repre~ntative Telephone No.: SPC06-12 C -19 (Original signature only;no facsimile signature or initialed signature accepted) 3 - 43 MUST BE DISPLAYED IN PLACE OF BUSINESS -NOT TRANSFERABLE THIS CERTIFICATE IS EVIDENCE THAT THE PERSON OR FIRM INAMED HAS PAID A TAX TO CONDUCT AND OPERATE A BUSINESS AS INDICATED HER£ON PURSUANT TO THE PROVISIONS OF ....,.."nC' City of Rancho Palos Verdes BUSINESS TAX REGISTRATION CERTIFICATE Business Name:PCI A CALIFORNIA LIMITED PRTNS Business Number:1889 Location Address:OUT OF CITY BUSINESS License Number/Class:07 00001900 SUBCONTRACfORS &OTHER CONTRACfORS Finance Department 30940 Hawthorne Blvd Rancho Palos Verdes,CA 90275 PCI A CALIFORNIA LIMITED PRTNS POBOX 16118 LONG BEACH CA 90806 ~-'~~:~l:lij~ Issue Date:1116/07 Expiration Date:12/31/07 ISSUING OFFICERS ~..'.\jP·~'$·"7Fm,...n¥liiam ~!~<4~'.J<'''--'.-~ 3 - 44 Fltlm:Amy Cannon At:The INoodilch Company FaxID:To:Zonie Zamora Dale:412412007 11:25 AM Page:2 of 10 ACORD.CERTIFICATE OF LIABILITY INSURANCE OPID A9 DATE IMMIDDIYYYY) PAVINGl 04/23/07 PRODUCER THIS CERTIFICATE IS ISSUED AS AMAnER OF INFORMATIONTheWooditchCompanyInsuranceONLYANDCONFERSNORIGHTSUPONTHECERTIFICATE Services,Inc.HOLDER.THIS CERTIFICATE DOES NOT AMEND.EXTEND OR 1 Park Plaza,Suite 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92614 Phone:949-553-9S00 Fax:949-553-0670 INSURERS AFFORDING COVERAGE NAlC# INSURED INSURER A Vi:rginJ..Sl,I;rety CompAnY Inc:. INSURERS Uat.iOJUl Union Fi:e Ins.Co.19445 PCI INSURERC P.O.Box 16118 INSURERDLongBeachCA90806 INSlIRERE COVERAGES THE POLICIES OF INSuRANCE LISTED BELOW HAVE BEEN IssueD TO lHE INSURED I\l'\MED ABOVE FOR lHE POLICY PERIOD INDICATED NOlWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF /oN'(CONTRACT OR OlHER DOCUMENT WllH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSuRANCE AFFORDED BY lHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL lHE TERMS.EXCLUSIONS AND CONDITIONS OF SUCli POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REOucED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER DATi:IMMlDDNYt DATe (MM/DDIYY)LIMITS GENERAL LIAElLITY EACH OCCURRENCE $1,000,000'--11/01/06 11/01/07 .PREMISESIE';.o~~~~nc9)A X ..!..COMMERCIAl.GENERAL LIABILITY lCG50l18404 $100,000 -~CLAIMS MADE [!]OCCUR MED EXP (Anyone p.rsor,!$5,000 X DEDUCTIBLE:$2,500 BI/PD PERSCNAL &ADV INJURY S 1,000,000 PER OCCURRENCE GENERAL AGGREGATE $2,000,000 GENl.AGGREGATE LIMIT APPLIES PER PRODuCTS -COIoIIPlOP Al3G $2,000 ,000nPOLICY/Xl :n:~n LOC AUTOMOBll.E l.1AB1l.1TY COMBlNED SINGLE LIMITf-.1,000,000AX X ANYAIJTO lCA50111903 11/01/06 11/01/07 (Ea aCCldanll 1---------- ALL OWNED AUTOS 80DIL Y INJURY-$ SCHEDULED AUTOS (Per person)-.~HIRED AUTOS BODILY INJURy $ ..!..NON-OWNED AUTOS (Per eco,deol! X Deductible $2,500 BI/PD PROPERTY DAMAGE $PER OCCURRENCE IP.r aC<ldoI'll) GARAGE LIABILITY AUTO ONLY·fA ACCIDENT $ RANYAIJTO OlHERlHAN fAACC $ AUTO ONLy AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 B b OCClIR o CLAIMS MADE BE7227558 11/01/06 11/01/07 AGGREGATE $4,000,000 $,--~DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSA'IlON AND X 1rb'R'v t:Miiti I I"ER A EMPl.OYERS'LIABILITY lCW50115703 11/01/06 11/01/07 E L EACH ACCIDENT $1,000,000ANYPROPRIETORIPAR1NERiEXECUfIVE OFFICERIMEMBER EXCLUDED?E L DISEASE·EA EMPLOYEE $3.,000,000 greh~iSffi~vrs~sbalO\'<EL DISEASE·POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERA'IlONS I LOCA'IlONS I VBiICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RoE:PCI Job #3975C;Pavement Striping Maintenance Contract 06-07,07-08, OS-09.City of Rancho Palos Verdes,its elected officials,officers, attorneys,agents,employees and volunteers are named as Additional Insureds as respecst General and Auto Liability per attached endorsements. *SEE NOTES*qlaipwv/auaiwv/wcwv CERTIFICATE HOLDER RANCHOP City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes CA 90275 ACORD 25 (2001/08) CANCELLATION SHOULD ANY OF 'niE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRfTTEN NonCE TO 'niE CERTIFICATE HOLDER NAMED TO 'niE LEFT.BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGA'IlON OR LIABILITY OF ANY IIIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES. A RES €>ACORD CORPORATION 1988 3 - 45 From:Amy Cannon At:The Wooditch Company FaxlD:To:Zonie Zamora IMPORTANT Date:412412007 11 :26 AM Page:3 of 10 If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.A statement on this certificate does not confer rights to the oertifioate holder in lieu of suoh endorsement(s). 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). DISCLAIMER The Certificate of Insuranoe on the reverse side of this form does not oonstitute a contract between the issuing insurer(s),authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or after the ooverage afforded by the policies listed thereon. ACORD 25 (2001108) 3 - 46 From:lVny Cannon At The Wooditch Company FaxlD:To:Zonie Zamora Date:412412007 11:26 AM Page:4 of 10 *Except 10 Days Notice of Cancellation for Non-Payment of This Insurance shall apply as Primary and Non-contributory per attached endorsement. Waiver of Subrogation for General and Auto Liability and Workers' Compensation:See Attached Endorsements. 3 - 47 FI'om:Amy cannon At:The Woodilch Company FaxID:To:Zonie Zamora COMMERCIAL GENERAL LIABILITY Date:412412007 11 :26 AM Page:5 of 10 POLICY NUMBER: INSURED: lCG50118404 PCI THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS,LESSEES OR CONTRACTORS (FORM B) The endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Rancho Palos Verdes,its elected officials,officers,attorneys,agents, employees and volunteers -.....- RE:PCI Job ;:3975C:Payement StIiping Maintenance Contract 06-07.07-08:~9. (If no entry appears above.information required to complete this endorsement ,will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II)is amended to include as an insured the person or organization shown in the Schedule,but only as respect to liability arising out !'t"your work"for that insured by or for you.'.," CG 20101185 Copyright,Insurance Services Office.Inc.,-1984 3 - 48 FI'om:Amy Cannon At The Waoditch Company FaxID:To:Zonie Zamora Dale:412412007 11:26 AM Page:6 of 10 IL 1201 II 85 THE ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. POLICY CHANGES POLICY NO.POLICY CHANGES EFFECTIVE COMPANY NAMED INSURED 1-1-'...:C:::.;:G::.::5::::.0..:....11~8-!:40::.:c4'--..L.:.1-:.:.1/0::...1::...:/0:..=6 -+...:.V-:.:.IR.:..::G::;;IN~I:...:A-=S:.=:U:...:.RE=-T;...:Y:...:C::..:O::.:.M::.:.P..:..A.::..N:..:.Y!-C.I~N<;::_ AUTHORIZED REPRESENTATIVE PCI COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY Construction Program Group Name of Person or Organization: City of Rancho Palos Verdes,its elected officials,officers,attorneys,agents,employees and volunteers RE:PCI Job #3975(';Pavement Striping Maintenance ('ont......ct 06-07,07-08,08-09. CHANGES ADDITIONAL INSURED PRIMARY WORDING The following changes are made to Section IV -Commeroial General liability Conditions: The follOWing is added to Condition 4.Other insurance As SUbparagraph d Additional Insured: d.Additionallnsured Where you have entered into a written contract or agreement to name a person or organization as an insured under this coverage part and that written contract or agreement requires this insurance to be primary and noncontributory,we will not seek contribution from any other insurance unless the "Amendment of Other Insurance Condition" CG 00 55 03 97 endorsement aoolies. 1L1201GLCPG32 IL12011185 Copyright Insurance Services Office,Inc.,1983 Copyright,ISO Commercial Risk Services,Inc 1983 3 - 49 Fr.om:Amy Cannon At:The Wooditch Company FaxID:To:Zonie Zamora VIRGINIA SURETY COMPANY,INC. Date:412412007 11 :26 AM Page:7 of 10 ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM The following is added to Section II -Liability Coverage,A.•Coverage,1.Who Is An Insured: d.Any person or organization to whom you become obligated to include as an additional insured under this policy,as a result of any contract or agreement you enter into which reqUires you to furnish insurance to that person or organization of the type prOVided by this policy,but only with respect to liability arising out of your operations or premises owned by or rented to you.However,the insurance provided will not exceed the lesser of: 1.The coverage or limits of this policy,or 2 The coverage or limits required by said contract or agreement. Name of Person or Organization: City of Rancho Palos Verdes,its elected officials,officers,attorneys,agents,employees and volunteers RE:PCI Job #3975C;Pavement Striping Maintenance Contract 06-07,07-08,08-09. Named Insured PCI Policy Number 1CA50111903 Endorsement No. Policy Period 11/01/06 -11/01/07 Endorsement Effective Date:11/01/06 CA CPG 4 (8/03) 3 - 50 From:Amy Cannon At:The Wooditch Company FaxlD:To:ZOnle Zamora (5)Submit to examination,at our expense,by physicians of our choice,as often as we reasonably require, c.If there is "'ass"to a covered "auto"or its equipment you must also do the following: (1)Promptly notify the ponce if the covered "auto"or any of its equipment is stolen. (2)Take all reasonable steps to protect the covered "auto'from further damage.Also keep a record of your expenses for consid- eration In the settlement of the claim. (3)Permit us to inspect the covered "auto'and records proving the "loss"before its repair or disposition. (4)Agree to examinations under oath at our request and give us a signed statement of your answers. 3.Legal Action Against Us No one may bring a legal aelion against us under this Coverage Form until: a.There has been full compliance with alf the terms of this Coverage Form;and b.Under liability Coverage,we agree in writing that the "Insured'has an obligation to payor un- til the amount of that obligation has nnally been detennined by jUdgment after trial.No one has the right under this policy to bring us into an ac- tion to determine the "insured's"JablUty. 4.Loss Payment -Physical Damage Coverages At our option we may: a.Pay for.repair or replace damaged or stolen property; b.Return the stolen property,at our expense.We will pay for any damage that results to the "auto· from the theft;or c.Take all or any part of the damaged or stolan property at an agreed or appraised value. If we pay for the "loss·,our payment will include the applicable sales tax for the damaged or stolen property. 5.Transfer Of Rights Of Recovery Against Others TaUs If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another,those rights are transferred to us.That person or organi- zation must do everything necessary to secure our lights and must do nothing after "accidenf'or "loss· to impair them. Date:412412007 11:26 AM Page:8 of 10 B.General Conditions 1.Bankruptcy Bankruptcy or insolvency of the "insured"or the "in- sured's"estate Will not relieve us of any obligations under this Coverage Form. 2.Concealmel1ts Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "Insured",at any time,intentionally conceal or misrepresent a mate- rial fact conceming: a.This Coverage Form; b.The covered "auto·; c.Your Interest in the covered "auto·;or d.A claim under this Coverage Form. 3.Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge,your policy will automatically prOVide the additional oov- erage as of the day the revisIon Is effective in your state. 4.No Benefit To Bailee -Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or or:ganiza- tion holding,stoling or transporting property for a fee regardless of any ol:her provision of-this Cover- age Form. @Other Insurance a.For any covered "auto"you own.this Coverage Form prOVides primary insurance.For any cov- ered "autoft you don't own,the insurance pro- vided by this Coverage Form is excess over any other collectible insurance.However,while a covered "auto'which Is a "trailer"is connected to anol:her vehicle,the Uability Coverage this Coverage Form provides for the "trailer"is: (1)Excess whJle it is connected toa motor vehi- cle you do not own. (2)Primary while It is connected to a covered "auto·you own. b.For Hired Auto Physical Damage Coverage,any covered "auto"you lease,hire,rent Dr borrow is deemed to be a covered "autoft you own.How- ever,any "auto"that is leased,hired,rented or borrowed with a driver is not a covered "auto". c.Regardless of the provisions of Paragraph a. above,this Coverage Form's liability Coverage is prtmary for any liability assumed under an "in- sured contract". Page 8 of 11 @ ISO Properties,Inc.,2000 CA000110 01 3 - 51 From:Amy Cannon At:The WoodJtch Company FaxID: To:Zonie zamora d.When this Coverage Form and any other Cov- erage Form or policy covers on the same basis, either excess or primary,we will p~y only our share.Our share is the proportion that the Umit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6.Premium Audit a.The estimated premium for this Coverage Form is based on the exposures you told us you would have when this policy began.We will compute the final premium due when we deter- mine your actual exposures.The estimated tolal premium Will be credited against the final pre- mium due and the first Named Insured will be billed for the balance,If any.The due date for the final premium or retrospeotive premium is the date shown as the due date on the bill.If the estimated total premium exceeds the final pre- mium due,the first Named Insured will get a refund. b.If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or pre- miums In effect at the beginning of each year of the policy. 7.Policy Period,Coverage Territory Under this Coverage Form,we cover "accidents" and "losses"occurring: a.During the policy penod shown in the Declara- tions;and b.IMthln the coverage tenitory. The coverage territory Is: a.The United States of America; b.The territories and possessions of the United States of America; c.PUerto Rico; d.Canada;and e.Anywhere in the world if. (1)A covered "auto·of the private passenger type is leased,hired,rented or borrowed without a driver for a period of 30 days or less;and (2)The "jnsured's"responsibility 10 pay dam- ages is determined in a ·suit"on the merits, in the United States of America,the territo- lies and possessions of the United States of America,Puerto Rico,or Canada or In a set- "ement we agree to. Date:412412007 11 :26 AM Page:9 of 10 We also cover "loss'to,or "accldenls"involving,a covered "auto·while being transported between any of these places. 8.Two Or More Coverage Forms Or Policies Issued ByU$ If this Coverage Form and any other Coverage Form-or poflcy issued to you by us or any company affiliated WIth us apply to the same "accidenf',the aggregate maximum Urnit of Insurance under all the Coverage Forms or policies shall nol exceed the highest applicable Umlt of Insurance under any one Coverage Form or policy.This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to applY as excess insurance over this Coverage Fonn. SECTION V-DEFINITIONS A."Accldenf'includes continuous or repeated exposure to the same oonditions resulting in "bodily injury"or "prop- erty damage". B."Auto"means a land motor vehicle,"trailer"or semi- trailer designed for travel on public roads but does not include "mobile equipment". C."Bodily Injury"means bodily Injury,sickness or disease sustained by a person including death resOlting from any of these. D."Covered pollution cost or expense"means any cost or expense arising out of: 1.Any request,demand,order or statutory or regu/a- tory requirement;or 2.Any claim or ·suit"by or on behalf of a governmen- tal authority demanding that the "insured"or others test for,monitor,clean up, remo\;e,contain,treat.detoxify or neutralize,or in any way respond to,or assess the effects of "pollutants". ·Covered pollution cost or expense"does not Include any cost or expense arising out of the actual,alleged or threatened discharge,dispersal,seepage,nigration, release or escape of ·pollutants": a.That are,or that are contained in any property that Is: (1)Being transported or towed by,handled,or handled for movement into,onto or from the covered "auto"; (2)Otherwise in the course of transit by or on behalf of the "insured"; (3)Being stored,disposed of,treated or proc- essed in or upon the covered "auto"; CAOO011001 ©ISO Prooerties.Inc..2000 Paqe 9 of 11 3 - 52 AI:The lNooditch Company FaxID:To'Zenle Zamora CODlpllny \lRGINIA S(IRET Y COl\fP.-\NY.INC Date:412412007 11 :26 AM Page:10 of 10 Polic)'Pwiod II '0106 To ll'Ol'07 Endol'sement No.,. ATI'ACHED TO AND FORMING A PART OF POIJCY N£T:t\IBER ENDORSEMENT EFFECTIVE (&'tandal'd Time) INSURED PCI IC\\'5011570~l\IonthlDa:r!\:'ear 110106 12:01 A.M.NOON (X) PRODUCER AND CODE CPG'SPEC RISK RESOl TReES INS AGeY,INC TIllS ENDURSEl\1ENT CH.-\NGES THE POLICY PLEASE READ IT CAREFULLY. THIS ENDORSEIv.IENT 1.IUDIFIES INSUR..-\NCE PRO nDED (INDER THE FOLLOWIN (; WORKERS'COll.IPENSATION .-\ND El\:IPLOYERS'LIABILITY INSUR.-\NCE \\-.~\'ER UF OUR RIGHT TO RECOVER FRU!\I UTHERS ENDORSEl\;IENT 4· \\'Il ha"e the nght to recover our pllYlllent~fro111 <lllyone hable for an lIlJury covered by thIS pl.~hcy We will not enforce our nght agamst the person or orgllluzal1On named 111 tlle Schedule Tlus agreement applles only to the extent that you perform work under a written contnlct that reqUITes you to obtam U1IS agreement from lIS - Thl~agreement shall not operate dITecUy or mdirectly to benet'lt allY one not named 111 the Schedlile SCHED1.!LE: Pel'son or Orgl1nization:City of Rancho Pulos Yerdes,its elected officials,officers,llttorners, agents,employees and volunteers RE:P('I Job #3975(';Pa,'ement Striping l\Iaintenance Contract 06-07,07-08,08-09, The prenmull charge for tllls endorsement IS $0 00 we CPG 7(3/02) 3 - 53