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Green Giant Landscape Inc RECORDING REQUESTED BY City csf •Rancho Palos Verdes C WHEN RECORDED MAIL TO 0510612010 Name City Clerk 1 11111010 City of Rancho Palos Verdes Street 30940 Hawthorne Blvd. '20100622682' Rancho Palos Verdes y State C A Zip 90275 L J Space above this line for recorder's use WOLCOTTS FORMS INC. SINCE 1893 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093 must be filed within 10 days after completion (See reverse side for complete requirements) Notice is hereby given that 1 The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter descnbed 2 The full name of the owner is City of Rancho Palos Verdes 3 The full address oftheowneris 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 4 The nature of the interest or estate of the owner is In fee • (If other than Fee stnke In fee and insert for example purchaser under contract of purchase or Lessee) 5 The full names and full addresses of all persons if any who hold title with the undersigned as joint tenants or as tenants in common are NAMES ADDRESSES 6 The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work or improvements herein referred to NAMES ADDRESSES 7 A work of improvement on the property hereinafter described was completed on March 26, 201 0 The work done was Pl aygroltnd Improvements 8 The names of the contractor if any for such work of improvement was Green Giant Inc. oonr, (If no contractor for work of improvement as a whole insert None) l a I7 Ci�.o tr c L_Palos Verde s 9 The property on which said work of improvement was completed is in the City of Countyof Los Angeles State of CA and is descnbed as follows Fred Hesse Community Center 29301 Hawthorne Blvd. , Rancho Palos Verdes, CA 90275 10 The street address of said property is 99301 Hawthorne Blvd_ , BPV, CA 90275 (II no street address has-been offioally assigned insert none ) Dated May 4 , 2010 ( ' (Signature of Owner or corporate officer of Owner named in paragraph 2 or his agent) City Of Rancho Palos Verdes VERIFICATION I the undersigned say I am the City Clerk the Declarant of the foregoing Notice of Completion (President of Manager of Partner of Owner of etc) I have read said Notice of Completion and know the contents thereof the same is true to my own knowledge I declare under penalty of perjury that the foregoing is true and correct Executed on %RCL! �J/ 20/6)at Ct t n f 1� V CA �t (Personal signature of the individual who is sweanng that the contents of the Notice of Corrplebon are true) Before you use this form fill in all blanks and make whatever changes are appropnate and necessary 01111111 111111111111to your particular transaction Consult a lawyer if you doubt the form s fitness for your purpose and use Wolcotts makes no representation or warranty, express or implied with respect to the merchantability 7 67775"01114 2 or fitness of this form for an intended use or purpose 4,2005 WOLCOTTS FORMS INC FORM 1114 Rev 10-05 DO NOT RECORD THIS PAGE REQUIREMENTS AS TO NOTICE OF COMPLETION Notice of completion must be filed for record WITHIN 10 DAYS after the completion of the work of improvement (to be computed exclusive of the day of completion) as provided in Civil Code Section 3093 The `owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one co-tenant), but the names and addresses of the other co- owners must be stated in paragraph 5 of the form Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors In paragraphs 3, 5 and 6, the full address called for should include street number, city, county, and state As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows (1) Strike the words "A work of improvement" from paragraph 7 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e g , "The foundation for the improvements"), (2) Insert the name of the contractor under the particular contract in paragraph 8 In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole No contractor's name need to given if there is no general contractor, e g on so- called "owner-builder fobs " In paragraph 9, insert the full, legal description, not merely a street address or tax description Refer to deed or policy of title insurance If the space provided for description is not sufficient, a rider may be attached In paragraph 10, show the street address, if any, assigned to the property by any competent public or governmental authority A This A I page is part. of your zo�oosz2ss2 43.;A 11111011111111111111E1111111111111111111inOfficial 'ar= fktIve. + Recorded/FiledRecords C4ipit:t41)‘ 05/06/10 AT 01.25PM FEES 0 00 TAXES 0 00 OTHER 0 00 PAID 0 00 IIl11 lllI11 I IAV I lI I I llll IIU11I llll11 ITV IA UI IIA LEADS EET 1111111 111111 II lII 111III I I ll Hll U II II 20100506004 037 0000232 858 HIM U II IHIl H H II U 1111 II II SE 01 III HIM HuH lu III HIIUI HllIH I III HI H HI liD HID Hill ii U II 11111IIIIIIiIllIIIII111111111II � IIIIIIIIVYIIIIIIIIYIIIII011 A E. THIS FORM IS NOT TO BE DUPLICATED CITY OF RANCHO PALOS VERDES CONTRACT FOR HESSE PARK PLAYGROUND IMPROVEMENTS THIS AGREEMENT is made and entered this day of o�.ko , 2009, by and between the CITY OF RANCHO PALOS VERDES, hereinafter referred to as "City" and 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 Hesse Park Playground Improvements, as described in these Plans and Specifications, attached hereto and incorporated herein by this reference, including miscellaneous appurtenant work Such work shall be performed in a good and workmanlike manner, under the terms as stated herein and in these Plans and Specifications, and in accordance with the latest edition of the Joint Cooperative Committee, Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, document entitled "Standard Specifications " In the event of any conflict between the terms of this agreement and any of the above-referenced documents, the terms of this agreement shall be controlling 2 Compensation In consideration of the services rendered hereunder, Contractor shall be paid according to the prices as submitted on the Bid Sheet of the Proposal, attached hereto as a part of these Plans and Specifications and in accordance with the Special Provisions 3 Independent Contractor It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever Contractor shall not incur or have the power to incur any debt, obligation or liability whatever for or against City 4 Assignment This agreement may not be assigned by Contractor, in whole or in part, without the prior written consent of City 5 Termination This Agreement may be canceled by City at any time without penalty upon thirty (30) days' written notice In the event of termination without fault of Contractor, City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder 6 Workers' Compensation Insurance California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows C-2 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to under take self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract " 7 Prevailing Wages CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for workers' compensation, or to undertake self-insurance in accordance with the provisions of that code and certifies compliance with such provisions CONTRACTOR further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate of per diem wages for each craft, classification, or type of workman needed to execute this contract CONTRACTOR further acknowledges that this is a federally assisted construction contract and that federal labor standards provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts, will be enforced CONTRACTOR understands that in the event of a conflict between the Federal General Wage Decision as established by the United States Department of Labor (available at www access gpo gov/davisbacon/ca html) and the State General Prevailing Wage Determination as established by the California Department of Industrial Relations (available at http //www dir ca gov/DLSR/PWD/index htm), the higher of the two will prevail 8 Suit, Recovery of Attorney Fees & Costs Should either party bring any action to protect or enforce its rights hereunder, the prevailing party in such action shall be entitled to recover, in addition to all other relief, its reasonable attorneys fees and court costs IN WITNESS WHEREOF, the parties hereto have executed the within Agreement the day and year first above written CITY OF RANCHO PALOSS9 VERDES By �o ` Mayor ATTEST By aed6LC-17AU_Ga City Clerk CO T' • TOR / B ` yp'^ 1.1 a(PA"--) CNnt-SMO SE RSON /v/1!//09 Printed Name Date C-3 CITY OF RANCHO PALOS VERDES INSTRUCTIONS FOR EXECUTION OF INSTRUMENTS THIS IS INSTRUCTION ONLY - IT IS NOT TO BE SIGNED OR USED IN CONJUNCTION WITH THE AGREEMENT OR ANY OTHER FORMS THAT MUST BE TURNED INTO THE CITY OF RANCHO PALOS VERDES - IT IS SIMPLY A FORMAT TO USE WHEN FILLING OUT DOCUMENTS 1 By an Individual The individual must sign the instrument, and if he/she is doing business under a fictitious name, the fictitious name must be set forth The signature must be acknowledged before a Notary Public, using the proper form of acknowledgment 2 By a Partnership The name of the partnership must be set forth followed by the signatures of less than all of the partners will be acceptable only if submitted with evidence of authority to act on behalf of the partnership The signatures must be acknowledged before a Notary Public, using the proper form of acknowledgment 3 By a Corporation The name of the corporation must be set forth, followed by the signatures of the President or Vice President and Secretary or Assistant Secretary The signatures must be acknowledged before a Notary Public, using in substance the following form of acknowledgment 4 By a Surety The name of the surety must be set forth, followed by an authorized signature The signatures must be acknowledged before a Notary Public, using the •ro•-_orm of acknowled•ment STATE OF A � - ) ) SS COUNTY OF ��4'' ) On6✓ ! _ ,< , 20107, 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 sl• •. al j// Notary - •• I� . ROSEMEIRE TOLEDO HENDERSON „�, Commission# 1670671 t (Seal) ` ; a, Notary Public-California Orange County MY Comm Expires May 28,2010 C-4 INSURANCE REQUIREMENTS FOR CITY OF RANCHO PALOS VERDES PUBLIC WORKS CONTRACT The Contractor shall at all time during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad-form comprehensive general liability insurance with minimum limits of $5,000,000 00 combined single limit coverage against any injury, death, lose, or damage as a result of wrongful or negligent acts by the Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement, (2) property damage insurance with a minimum limit of $1,000,000 00, (3) automotive liability insurance with a minimum combined single limits coverage of $5,000,000 00, and (4) workers' compensation insurance with a minimum limit of $1,000,000 00 or the amount required by law, whichever is greater The City, its officers, employees, attorneys, and volunteers shall be named as additional insured on the policy(ies) as to comprehensive general liability, property damage, and workers' compensation coverages 1 Acceptable insurance coverage shall be placed with carriers admitted to write insurance in California, or carriers with a rating of, or equivalent to, A VII by A M Best & Company Any deviation from this rule shall require specific approval, in writing, from the City 2 All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through addition of additional insured to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days prior written notice thereof The Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage 3 The Contractor agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor 4 The Contractor shall submit to the City (1) insurance certificates indicating compliance with the minimum workers' compensation insurance requirements above, and (2) insurance policy endorsements above, not less than one (1) day prior to beginning of performance under this Agreement Endorsements must be executed on the City's appropriate standard forms entitled "Additional Insured Endorsement," copies of which are attached hereto C-5 Bond No SB 015 000 008 Premium Included PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Green Giant Landscape Inc 94I-A Macy St La Habra CA 90631 (Name and address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows: Hesse Park Playground Improvements WHEREAS. Pnncipal is required under the terms of the Contract and the California Civil Code to secure the payment of claims of laborers, mechanics, matenalmen, and other persons as provided by law NOW, THEREFORE,we, the undersigned Principal, and Ullico Casualty Company 2600 West Olive Ave 5th Floor Burbank CA 91505 (Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One hundred eighty-sig thousand nine hundred thirteen dollars and 50/100 Dollars ($ 186 913 50 ), this amount being not less than one hundred percent (100%) of the total contract once, in lawful money of the United States of Amenca, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT, If the hereby bounded Principal, his, her or Its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or any amounts due under the Unemployment insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to work or labor performed under the Contract, the Surety will pay for the same in an amount not exceeding the penal sum specified in this bond, otherwise, this obligation shall become null and void This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court Further, the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way C-6 affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder Surety hereby waives the provisions of California Civil Code' 2845 and 2849 IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an onginal hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body Dated October 14 2009 "Principal" "Surety" Green Giant Landscape, Inc illpk Ullico Casualty Company J -.; . I\ •- y s /«�GL� �G LAG Its � B Its Matthew ats Attorney in Fact By Its By Its (seal) (Seal) APPROVED AS TO SURETY AND PRINCIPAL AMOUNT APPROVED AS TO FORM RICHARDS,WATSON & GERSHON A Professional Corporation By Insurance Administrator By Public Agency Attorney Note This bond must be executed in duplicate and dated,all signatures must be notanzed and evidence of the authority of any person signing as attorney-rn-fact must be attached C-7 \\3); CALIFORNIA CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On October 14, 2009 before me, Adelaide C Hunter, Notary Public ll appeared Matthew J Coats (insert name and title of the officer) personally who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thcir 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 the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal ADELAIDE C HUNTE Commission 0. 808793 A Notary Public-CaliforniRa Signature Orange County , My Comm Ex fres Aug 8,2012 ULLICO Casualty Company Llilico 16b Eye Street N W Washington D C 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That ULLICO CASUALTY COMPANY(the Company) a corporation organized and existing under the laws of the State of Delaware does hereby constitute and appoint Linda D Coats,Matthew J Coats, Douglas A Rapp,&Timothy D Rapp of Linda D Coats Surety Insurance Services,Inc Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds undertakings recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby in an amount not to exceed$5,000 000 00 This Power of Attorney shall expire without further action on December 31 2009 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July,2009 RESOLVED That the Board of Directors hereby authorizes the President or any Vice President of the Company to (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto and(2)to remove,at any time any such Attomey-in Fact and revoke the authority given And be it FURTHER RESOLVED That the signatures of such officers and the seal of the Company may he affixed to any such Power of Attomey or certificate relating thereto by facsimile and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed h‘ its a'thorizcd ifrice this 14th day of October 20 09 \00,i�rrri�� C,_c -+ r ( 1 =1. S&L:` 3 siDENr 1979 a, i7 c/AWt" - - Daniel Aronowitz zrrrr* �`\` President ULLICO Casualty Company a Delaware Corporation On this 1 4thJaY of Ort0bPr 20 fig before me came the individual who executed the preceding instrument to lite persenall known and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANY that the seal affixed to said instrument is the Corporate seal of said Company that the said Corporate Seal and his signature were duly affixed Notary Public CATHERINE M OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21,2012 CERTIFICATE I Teresa E Valentine Senior Vice President General Counsel and Secretary of ULLICO Casualty Company do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect I do further certify that that Daniel Aronow itz who executed the Power of Attomey as President was on the date of execution of the attached Power of Attorney the dul',elected President of ULLICO Casualty Company In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 16th day of July 2009 Teresa E Valentine Senior Vice President,General Counsel&Secretary ULLICO Casualty Company Bond No SB 015 000 008 Premium 53 738 00 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that WHEREAS the City of Rancho Palos Verdes ("Public Agency"), has awarded to Green Giant Landscape Inc 941-A Macy St La Habra CA 90631 (Name end address of Contractor) ("Principal"), a contract (the "Contract") for the work described as follows HESSE PARK PLAYGROUND IMPROVEMENTS WHEREAS, Pnncipal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract NOW, THEREFORE,we,the undersigned Principal, and Ullico Casualty Company 2600 West Olive Ave 5th Floor Burbank CA 91 505 {Name and address of Surety) ("Surety") a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the Public Agency in the penal sum of One hundred eighty-six thousand nine hundred thirteen dollars and 50/100 Dollars ($ 186 913 50 ), this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants. conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be kept and performed, all within the time and In the manner therein specified, and in all respects according to their true intent and meaning, and shall Indemnify and hold harmless the Public Agency, its officers, agents, and others as therein provided, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys'fees in an amount fixed by the court FURTHER, the Surety,for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract, or of the work to be performed thereunder, or the specifications for the same, shall in any way C-8 affect its obligations under this bond, and it does hereby waive notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder Surety hereby waives the provisions of California Civil Code'2845 and 2849 The City is the principal beneficiary of this bond and has all rights of a party hereto IN WITNESS WHEREOF, two(2) identical counterparts of this instrument,each of which shalt for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body Dated October 14 2009 "Principal" "Surety" Green Giant Landscape Inc Ullico Casualty Company ltS ItS Matthew J C Attorney in Fact By By Its Its (Seal) (Seal) APPROVED AS TO SURETY AND APPROVED AS TO FORM PRINCIPAL AMOUNT RICHARDS WATSON &GERSHON A Professional Corporation By By Insurance Administrator Public Agency Attorney Note This bond must be executed in duplicate and dated,all signatures must be notarized,and evidence of the authonty of any person signing as attorney-in-fact must be attached C-9 i•• \\30 i CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange 9 On October 14, 2009 before me, Adelaide C Hunter, Notary Public (insert name and title of the officer) / personally appeared Matthew J Coats who proved to me on the basis of satisfactory evidence to be the person(s)whose names)is/are / subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tl►e« authorized capacity(ies),and that by his/her/then signatures)on the instrument the personfs),or the entity upon behalf of which the persons)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS myhand and official scal i ADELAIDE C HUNTER UNTER O Commission#1808793 Signature Notary Public-California '!?�7 Orange County 11mExpiresAug8,20 12B I 1 iC0 ULLICO Casualty Company 1625 Eye Street N W Washington D C 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That ULLICO CASUALTY COMPANY(the Company) a corporation organized and existing under the laws of the State of Delaware does hereby constitute and appoint Linda D Coats,Matthew J Coats Douglas A Rapp &Timothy D Rapp of Linda D Coats Surety Insurance Services,Inc Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds undertakings recognizances and other contracts of indemnity and writings obligatory in the nature thereof issued in the course of its business and to bind the Company thereby in an amount not to exceed$5 000,000 00 This Power of Attorney shall expire w ithout further action on December 31 2009 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July 2009 RESOLVED That the Board of Directors hereby authorizes the President or any Vice President of the Company to (I) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto and(2)to remove at any time any such Attomey in-Fact and revoke the authority given And,be it FURTHER RESOLI ED That the signatures of such officers and the seal of the Company may he affixed to any such Power of Attorney or certificate relating thereto by facsimile and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TEST,',1C\IY WHEREOF ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed bx its edthoriz.o owl(e this 14th day of October 2009 0001 d U� Ola O =U' SEACI` ti• SI DENT =�•a1979 c. i� C�RWI ': Daniel Aronowitz tt} � xyx�� President ULLICO Casualty Company a Delaware Corporation //liitt`,v On this 1 4thday of October 20 09 before me came the individual who executed the preceding instrument to me personally known and being by me duly sworn said that he is the therein described and authorized officer of the ULLICO CASUALTY COMPANI that the seal affixed to said instrument is the Corporate seal of said Company that the said Corporate Seal and his signature were duly affixed f p Lif Notary Public CATHERINE M OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21,2012 CERTIFICATE I Teresa E Valentine Senior Vice President General Counsel and Secretary of ULLICO Casualty Company do herbs certify that the forming resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect i do further certify that that Daniel Aronowitz who executed the Power of Attorney as President was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company In Testimony Whereof i have subscribed my name and affixed the facsimile seal of each Company this I6'"day of July 2009 Teresa E Valentine Senior Vice President General Counsel&Secretary ULLICO Casualty Company s.*63,r WORKERS' COMPENSATION CERTIFICATE OF INSURANCE WHEREAS, the City of Rancho Palos Verdes has required certain insurance to be provided by NOW THEREFORE, the undersigned insurance company does hereby certify that it has issued the policy or policies described below to the following named insureds and that the same are in force at this time 1 This certificate is issued to City of Rancho Palos Verdes City Hall 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 2 The insureds under such policy or policies are 3 Workers' Compensation Policy or Policies in a form approved by the Insurance Commissioner of California covering all operations 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 C-10 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 subcon- tractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code 7 California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing he pe • .rmance of the wor of this contract " Date /0// 40O 5 Signat� oma,/ C-11 INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No or description Indemnitor(s) (list all names) To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Rancho Palos Verdes and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, matenalmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b) This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several C-12 "Indemnitor" Name 0451.)h‘0 - rIfJps t),. Name Ci.;;Q„c/. . �� By ItsIts C-13 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured("Named Insured') Name and address of Insurance Company("Company') General descnpt►on of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows 1 The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy 2 The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy 3 Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability 4 Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy All such claims shall be covered as third-party claims, i e , in the same manner as if separate policies had been issued to each insured Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy 5 The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on C-14 behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at 10 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11 Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages Includes ❑ Contractual Liability ❑ Explosion Hazard ❑ Owners/Landlords/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage ❑ Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ General Liability Endorsement 0 12 A ❑ deductible or o self-insured retention (check one) of$ applies to all coverage(s) except (if none, so state) The deductible is applicable ❑ per claim or ❑ per occurrence (check one) 13 This is an ❑ occurrence or ❑ claims made policy (check one) 14 This endorsement is effective on at 12 01 a m and forms a part of Policy Number I, (pnnt 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 (Onginal signature only, no facsimile signature Telephone No ( ) or initialed signature accepted) C-15 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured("Named Insured') Name and address of Insurance Company("Company') General description of agreement(s), permit(s), license(s), and/or activity(ies) insured Notwithstanding any inconsistent statement in the policy 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 and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on C-16 behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11 Scheduled items or locations are to be identified on an attached sheet The following inclusions relate to the above coverages Includes ► Any Automobiles ► Truckers Coverage ► All Owned Automobiles ► Motor Carrier Act ► Non-owned Automobiles ► Bus Regulatory Reform Act ► Hired Automobiles ► Public Livery Coverage ► Scheduled Automobiles ► ► Garage Coverage ► 12 A o deductible or o self-insured retention (check one) of$ applies to all coverage(s)except _(if none, so state) The deductible is applicable G per claim or G per occurrence (check one) 13 This is an o occurrence or o claims made policy (check one) 14 This endorsement is effective on at 12 01 a m and forms a part of Policy Number I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company Executed , 20 Signature of Authorized Representative (Onginal signature only, no facsimile signature Telephone No ( ) or initialed signature accepted) C-17 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured ("Named Insured') Name and address of Insurance Company("Company') General description of agreement(s), permit(s), license(s), and/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 and/or hold harmless provision(s) contained in or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds 6 The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non-renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement 7 Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds C-18 8 It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance 9 This endorsement and all notices given hereunder shall be sent to Public Agency at City Manager City of Rancho Palos Verdes 30940 Hawthorne Boulevard Rancho Palos Verdes, California 90275 10 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form ❑ Umbrella Liability o 11 Applicable underlying coverages INSURANCE COMPANY POLICY NO AMOUNT 12 The following inclusions, exclusions, extensions or specific provisions relate to the above coverages 13 A ❑ deductible or ❑ self-insured retention (check one) of$ applies to all coverage(s) except (if none, so state) The deductible is applicable o per claim or o per occurrence (check one) 14 This is an o 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 Representative (Ong/nal signature only, no facsimile signature Telephone No ( ) or initialed signature accepted) C-19 COMMERCIAL LIABILITY GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I-COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Exclusions- Item 2 g 2) is replaced with the following 2 g 2) A watercraft you do not own that is a) less than 50 feet long,and b) Not being used to carry persons or property for a charge Item 2 g 6) is added 6) An aircraft in which you have no ownership interest and that you have chartered with crew The last paragraph of 2 Exclusions is replaced with the following Exclusions c through n do not apply to damage by fire, explosion, sprinkler leakage, or lightning to premises while rented to you, temporarily occupied by you with the permission of the owner, or managed by you under a wntten agreement with the owner A separate limit of insurance applies to this coverage as descnbed in Section III-Limits of Insurance SECTION I-COVERAGES COVERAGE C MEDICAL PAYMENTS If Medical Payments Coverage is provided under this policy, the following is changed 3 Limits The medical expense limit provided by this policy shall be the greater of a $10,000,or b The amount shown in the declarations Coverage C Medical Payments is pnmary and not contributing with any other insurance, even if that other insurance is also pnmary GECG 602 (09/04) Includes cope righted matenal of Insurance Services Offices Inc with its permission Page I of 6 The following is added COVERAGE D PRODUCT RECALL NOTIFICATION EXPENSES Insunng Agreement We will pay "product recall notification expenses" incurred by you for the withdrawal of your products, provided that a Such withdrawal is required because of a determination by you during the policy penod, that the use or consumption of your products could result in"bodily injury"or"property damage", and b The"product recall notification expenses"are incurred and reported to us dunng the policy penod The most we will pay for"product recall notification expenses"dunng the policy penod is$100,000 SUPPLEMENTARY PAYMENTS-COVERAGES A AND B Item b and d are replaced with b The cost of bail bonds required because of accidents or traffic law violations ansing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies We do not have to furnish these bonds d All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit" including actual loss of earnings up to$500 a day because of time off from work SECTION II-WHO IS AN INSURED Item 4 is replaced with 4 Any subsidiaries, companies, corporations, firms, or organizations you acquire or form during the policy period over which you maintain a controlling interest of greater than 50% of the stock or assets, will qualify as a Named Insured if a) you have the responsibility of placing insurance for such entity, and b) coverage for the entity is not otherwise more specifically provided, and c) the entity is incorporated or organized under the laws of the United States of Amenca However, coverage under this provision does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the entity, or"personal injury"or"advertising injury"ansing out of an offense committed before you acquired or formed the entity Coverage under this provision is afforded only until the end of the policy period, or the twelve(12) month anniversary of the policy inception date whichever is earlier SECTION III-LIMITS OF INSURANCE Paragraph 2 is amended to include The General Aggregate Limit of Insurance applies separately to each"location"owned by you, rented to you, or occupied by you with the permission of the owner GECG 602 (09/04) Includes copyrighted matenal of Insurance Services Offices Inc with its permission Page 2 of 6 Paragraph 6 is replaced with the following 6 Subject to 5 above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises while rented to you, temporanly occupied by you with permission of the owner, or managed by you under a wntten agreement with the owner, arising out of any one fire, explosion or spnnkler leakage incident The Fire Damage Limit provided by this policy shall be the greater of a $500,000 or b The amount shown in the Declarations SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS Item 2 a is replaced with 2 Duties In The Event of Occurrence,Offense,Claim or Suit a You must promptly notify us Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the"occurrence", offense, claim, or "suit" Knowledge of an "occurrence", offense, claim or"suit' by other employee(s) does not imply you also have such knowledge To the extent possible, notice to us should include 1) How,when and where the"occurrence"or offense took place, 2) The names and addresses of any injured persons and witnesses, and 3) The nature and location of any injury or damage arising out of the"occurrence", offense, claim or"suit' Item 4 b 1)b) is replaced with b Excess Insurance 1) b) That is Fire, Explosion or Spnnkler Leakage insurance for premises while rented to you, temporanly occupied by you with permission of the owner, or managed by you under a written agreement with the owner, or Item 6 is amended to include 6 Representations d If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal Item 8 is replaced with 8 Transfer of Rights Of Recovery Against Others To Us a If the insured has nghts to recover all or part of any payment we have made under this Coverage Part, those nghts are transferred to us The insured must do nothing after loss to impair them At our request,the insured will bnng suit or transfer those nghts to us and help us enforce them GECG 602 (09/04) Includes copyrighted matenal of Insurance Services Offices Inc Neth its permission Page 3 of 6 b If required by a written "insured contract', we waive any nght of recovery we may have against any person or organization because of payments we make for injury or damage ansing out of your ongoing operations or "your work" done under that written "insured contract" for that person or organization and included in the"products-completed operations hazard" Item 10 and Item 11 are added 10 Cancellation Condition If we cancel this policy for any reason other than nonpayment of premium we will mail or deliver written notice of cancellation to the first Named Insured at least 60 days pnor to the effective date of cancellation 11 Liberalization If we adopt a change in our forms or rules which would broaden your coverage without an extra charge, the broader coverage will apply to this policy This extension is effective upon the approval of such broader coverage in your state SECTION V-DEFINITIONS The following definitions are added or changed 9 "Insured contract' a Is changed to a A contract for a lease of premises However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion or sprinkler leakage to premises while rented to you, or temporanly occupied by you with permission of the owner, or managed by you under a written agreement with the owner is not an"insured contract' 23 and 24 are added 23 "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad 24 "Product recall notification expenses" means the reasonable additional expenses (including, but not limited to cost of correspondence, newspaper and magazine advertising radio or television announcements and transportation cost), necessarily incurred in arranging for the return of products, but excluding costs of the replacement products and the cash value of the damaged products The following Provisions are also added to this Coverage Part A ADDITIONAL INSUREDS -BY CONTRACT,AGREEMENT OR PERMIT 1 Paragraph 2 under SECTION II -WHO IS AN INSURED is amended to include as an insured any person or organization when you and such person or organization have agreed in wnting in a contract, agreement or permit that such person or organization be added as an additional insured on your policy to provide insurance such as is afforded under this Coverage Part Such person or organization is not entitled to any notices that we are required to send to the Named Insured and is an additional insured only with respect to liability arising out of a Your ongoing operations performed for that person or organization, or b Premises or facilities owned or used by you GECG 602 (09/04) Includes copyrighted matenal of Insurance Services Offices Inc with its permission Page 4 of 6 With respect to provision 1 a above, a person's or organization's status as an insured under this endorsement ends when your operations for that person or organization are completed With respect to provision 1 b above, a person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such premises or facilities ends 2 This endorsement provision A does not apply a Unless the written contract or agreement has been executed, or permit has been issued, prior to the "bodily injury", "property damage"or"personal and advertising injury", b To"bodily injury"or"property damage"occurring after (1) All work, including materials, parts or equipment furnished in connection with such work, in the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the site of the covered operations has been completed, or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, c To the rendering of or failure to render any professional services including, but not limited to, any professional architectural, engineering or surveying services such as (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders change orders or drawings and specifications, and (2) Supervisory, inspection, architectural or engineering activities, d To"bodily injury", "property damage"or"personal and advertising injury"arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing, c e To any person or organization included as an insured under provision B of this endorsement, f To any person or organization included as an insured by a separate additional insured endorsement issued by us and made a part of this policy B ADDITIONAL INSURED—VENDORS Paragraph 2 under SECTION II -WHO IS AN INSURED is amended to include as an insured any person or organization (referred to below as"vendor")with whom you agreed, in a written contract or agreement to provide insurance such as is afforded under this policy, but only with respect to"bodily injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions 1 The insurance afforded the vendor does not apply to a "Bodily injury"or"property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement, b Any express warranty unauthorized by you, c Any physical or chemical change in the product made intentionally by the vendor, GECG 602 (09/04) Includes cops righted matenal of Insurance Services Offices Inc IA ith its permission Page 5 of 6 d Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the course of business, in connection with the distnbution or sale of the products f Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product, g Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor, or h To"bodily injury"or"property damage"arising out of any act, error or omission that results from the additional insured's sole negligence or wrongdoing 2 This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products GECG 602 (09/04) Includes copy righted matenal of Insurance Sen ices Offices Inc ss ith its permission Page 6 of 6 b If a claim is made or "suit" is brought against 4 Other Insurance any insured, you must If other valid and collectible insurance is available (1) Immediately record the specifics of the to the insured for a loss we cover under Cover- claim or"suit"and the date received, and ages A or B of this Coverage Part, our obligations (2) Notify us as soon as practicable are limited as follows You must see to it that we receive written no- a Primary Insurance tice of the claim or "suit" as soon as practica- This insurance is primary except when b be- ble low applies If this insurance is primary, our ob- c You and any other involved insured must ligations are not affected unless any of the other insurance is also primary Then, we will (1) Immediately send us copies of any de- share with all that other insurance by the mands, notices, summonses or legal pa- method described in c below pers received in connection with the claim b Excess Insurance or"suit", (2) Authorize us to obtain records and other This insurance is excess over information, (1) Any of the other insurance, whether pn- (3) Cooperate with us in the investigation or mary, excess, contingent or on any other settlement of the claim or defense against basis the"suit", and (a) That is Fire, Extended Coverage, (4) Assist us, upon our request, in the en- Builder's Risk, Installation Risk or similar forcement of any right against any person coverage for"your work", or organization which may be liable to the (b) That is Fire insurance for premises insured because of injury or damage to rented to you or temporarily occupied by which this insurance may also apply you with permission of the owner, d No insured will except at that insured's own (c) That is insurance purchased by you to cost voluntarily make a payment, assume any cover your liability as a tenant for"prop- obligation or incur any expense, other than for erty damage" to premises rented to you first aid, without our consent or temporarily occupied by you with 3 Legal Action Against Us permission of the owner, or No person or organization has a right under this (d) If the loss arises out of the maintenance Coverage Part or use of aircraft, "autos"or watercraft to the extent not subject to Exclusion g of a To join us as a party or otherwise bring us into Section I — Coverage A — Bodily Injury a"suit"asking for damages from an insured, or And Property Damage Liability b To sue us on this Coverage Part unless all ofAny other its terms have been fully complied with (2) you covering primary ab liability foradama dance mages g Y 9 Y 9 arising A person or organization may sue us to recover on out of the premises or operations for which an agreed settlement or on a final judgment you have been added as an additional in- against an insured, but we will not be liable for sured by attachment of an endorsement damages that are not payable under the terms of this Coverage Part or that are in excess of the ap- plicable limit of insurance An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claim- ant's legal representative CG 00 01 10 01 ©ISO Properties Inc , 2000 Page 11 of 16 0 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM SECTION II-LIABILITY COVERAGE A COVERAGE 1 WHO IS AN INSURED The following is added d Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization e Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest However, coverage under this provision does not apply (1) If there is similar insurance or a self-insured retention plan available to that organization, or (2) To 'bodily injury" or 'property damage" that occurred before you acquired or formed the organization f Any volunteer or employee of yours while using a covered "auto"you do not own, hire or borrow In your business or your personal affairs Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee g Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered"auto"by an insured, if (1) You are obligated to add that person, organization, trustee estate or governmental entity as an additional insured to this policy by (a)an expressed provision of an"insured contract", or written agreement,or (b)an expressed condition of a written permit issued to you by a governmental or public authority (2) The"bodily injury"or"property damage"is caused by an"accident"which takes place after (a)You executed the"insured contract"or written agreement, or (b)the permit has been issued to you LECA 701(01/07) Includes cop)ngbted material of Insurance Sen ices Offices Inc Nath its permission Page 1 of 4 2 COVERAGE EXTENSIONS a Supplementary Payments Subparagraphs(2)and(4)are amended as follows (2)Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an"accident"we cover We do not have to furnish these bonds (4)All reasonable expenses incurred by the"Insured"at our request, including actual loss of earning up to$500 a day because of time off from work SECTION III-PHYSICAL DAMAGE COVERAGE A COVERAGE The following is added 5 Hired Auto Physical Damage a Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners Of members of their household is a covered"auto"for each of your physical damage coverages b The most we will pay for"loss"in any one"accident'is the smallest of (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the"loss" or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality If you are liable for the"accident",we will also pay up to$500 per"accident'for the actual loss of use to the owner of the covered"auto" c Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto"for that coverage However, any Comprehensive Coverage deductible shown in the Declarations does not apply to"loss"caused by fire or lightning d For this coverage, the insurance provided is primary for any covered "auto" you hire without a dnver and excess over any other collectible insurance for any covered"auto"that you hire with a driver 6 Rental Reimbursement Coverage We will pay up to$75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto" Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days We will also pay up to$500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered"auto" LECA 701(01/07) Includes copyrighted material of Insurance Sen ices Offices,Inc Nrth its permission Page 2 of 4 J If "loss" results from the total theft of a covered "auto" of the pnvate passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4 Coverage Extension 7 Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance"of the lease "Outstanding balance"means the amount you owe on the lease at the time of loss less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, excess wear and tear charges, and lease termination fees B EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag Paragraph 4 is replaced with the following 4 We will not pay for"loss"to any of the following a Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment b Equipment designed or used for the detection or location of radar c Any electronic equipment that receives or transmits audio,visual or data signals Exclusion 4 c does not apply to (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered"auto"at the time of the"loss"and such equipment is designed to be solely operated by use of the power from the"auto's"electrical system, in or upon the covered"auto", or (2)Any other electronic equipment that is (a) Necessary for the normal operation of the covered auto or the monitoring of the covered "auto's"operating system, or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio D DEDUCTIBLE The following is added No deductible applies to glass damage if the glass is repaired rather than replaced GEC t 701(01/07) Includes copy righted material of Insurance Services Offices,Inc with its permission Page 3 of 4 SECTION IV BUSINESS AUTO CONDITIONS A LOSS CONDITIONS Item 2 a and b are replaced with 2 Duties In The Event of Accident, Claim,Suit,or Loss a You must promptly notify us Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss Knowledge of an accident, claim, "suit', or loss, by other employee(s) does not imply you also have such knowledge b To the extent possible, notice to us should include (1) How,when and where the accident or loss took place, (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage ansing out of the accident or loss The following is added to 5 We waive any nght of recovery we may have against any additional insured under Coverage A 1 Who Is An Insured g , but only as respects loss arising out of the operation, maintenance or use of a covered"auto"pursuant to the provisions of the"insured contract",wntten agreement, or permit B GENERAL CONDITIONS 9 is added 9 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded However, we have the right to collect additional premium for any such hazard COMMON POLICY CONDITIONS 2 b is replaced by the following b 60 days before the effective date of cancellation if we cancel for any other reason LECA 701(01/07) Includes copyrighted material of Insurance Sen ices Offices,Inc girth its permission Page 4 of 4 MAINTENANCE BOND Bond No SB 015 000 008 KNOW ALL MEN BY THESE PRESENTS That, Green Giant Landscape, Inc as Principal and Ullico Casualty Company a corporation organized under the laws of the State of Delaware and authorized to do a surety business in the State of California ,as Surety,are held and firmly bound unto the City of Rancho Palos Verdes in the sum of One hundred ninety-one thousana eight hunared sixteen and 40/100 ($ 191 816 00 ),lawful money of the United States of America,for the payment of which sum well and truly to be made,we bind ourselves our heirs,executors,administrators successors and assigns,jointly and severally,firmly by these presents SEALED with our seals and dated this June 22,2010 WHEREAS on the October 9,2009 ,the said Green Giant Landscape, Inc as contractor entered into a contract for Hesse Park Playground Improvements for the sum of One hundred eighty-six thousand nine hundred thirteen and 50/100 ($ 186,913 50 ),and WHEREAS,under the terms of the specifications for said work,the said Green Giant Landscape,Inc is required to give a bond for One hundred ninety-one thousand eight hundred sixteen and 40/100 ($ 191,816 40 ),to protect the City of Rancho Palos Verdes against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same,namely until May 7 2011 Now THEREFORE if the said Green runt Landscape Inc shall for a period of one year from and after the date of the completion and acceptance of same by said City of Rancho Palos Verdes replace any and all defects arising in said work whether resulting from defective materials or defective workmanship,then the above obligation to be void otherwise to remain in full force and effect I IlGreen Gian Landscape, Inc, Ullico Casualty Company By -----2-ki("\C\,.(1 C61126-Th Linda D Coats,Attorney in Fact ORSC 22518(4 93) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange JUN 2 2 2010 Adelaide C Hunter, Notary Public On before me, (insert name and title of the officer) personally appeared Linda D Coats who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thc« authorized capacity(tes),and that by his/her/Eh,,u signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Cahfornia that the foregoing paragraph is true and correct WITNESS my hand and official seal ,,s��.� ADELAIDE C HUNTER per,. - Commission# 1808793 i NotaryPublic Signature ✓ OrangeCountyornia .s. My Comm Expires Aug 8 2012 UllICO Street Casualty Company 1625 Eye Street N W Washington D C 20006 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS That ULLICO CASUALTY COMPANY(the Company) a corporation organized and existing under the laws of the State of Delaware,does hereby constitute and appoint Linda D Coats,Matthew J Coats,Douglas A.Rapp,&Timothy D Rapp of Linda D Coats Surety Insurance Services,Inc Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings recognizances and other contracts of indemnity and writings obligatory in the nature thereof issued in the course of its business and to bind the Company thereby in an amount not to exceed$5 000 000 00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of ULLICO Casualty Company at a meeting duly called the 15th day of July 2009 RESOLVED That the Board of Directors hereby authorizes the President or any Vice President of the Company to (1) Appoint Attomey(s) in Fact and authorize the Attomey(s)in Fact to execute on behalf of the Company bonds and undertakings contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto and(2)to remove,at any time any such Attorney in Fact and revoke the authority given And,be it FURTHER RESOLVED That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached IN TESTIMONY WHEREOF ULLICO CASUALTY COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized office this 22nd day of June 20 10 boat,`���II�ItIII// sEAC3 S 42PT 1979 i7 AWa; • Daniel Aronowitz "A/ {r �� President ULLICO Casualty Company a Delaware Corporation f.littlltti' On this 16th day of July 2009 before me came the individual who executed the preceding instrument,to me personally known and bemg by me duly sworn said that he is the therein descnbed and authonzed officer of the ULLICO CASUALTY COMPANY that the seal affixed to said instrument is the Corporate seal of said Company that the said Corporate Seal and his signature were duly affixed /1 y Li Notary Public CATHERINE M OBRIEN NOTARY PUBLIC STATE OF MARYLAND MONTGOMERY COUNTY MY COMMISSION EXPIRES JANUARY 21,2012 CERTIFICATE I Ta esa E Valentine Senior Vice President General Counsel and Secretary of ULLICO Casualty Company do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 16th day of July 2009 are true and correct and are still in full force and effect I do further certify that that Daniel Aronowitz,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of ULLICO Casualty Company In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this le day of July 2009 Teresa E Valentine Senior Vice President General Counsel&Secretary ULLICO Casualty Company