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HomeMy WebLinkAboutAGMT - Merchant Lanscaping Services f l .a • a BOOK II OF III 1 CONTRACT DOCUMENTS 1 DOCUMENTS TO SUBMIT UPON AWARD: 1 PUBLIC WORKS CONTRACT 3 PERFORMANCE BOND 5 INDEMNIFICATION AND HOLD HARMLESS AGREEMENTAND WAIVER OF SUBROGATION AND CONTRIBUTION 9 AGREEMENT TO COMPLY WITHCALIFORNIA LABOR LAW REQUIREMENTS 10 STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS 11 INSURANCE REQUIREMENTS 13 WORKER'S COMPENSATION CERTIFICATE OF INSURANCE 16 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY 17 ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY 19 ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY 21 2 PUBLIC WORKS CONTRACT Citywide Landscape Maintenance Services For FY 05/06 CITYWIDE LANDSCAPE MAINTENANCE SERVICES, in the City of Seal Beach. THIS AGREEMENT, made and entered into this A. ND day of 200k, by and between the City of Seal Beach, California, hereinafter referred to as the "CITY," arty of the First Part,• and '�/� ,/ Xspy6e4a-eAatfri-z-se , r�/LCD?d as th A hereinafter signated as the" ACTOR,"Pa of thSecond Part. WITNESSETH: That the Parties do hereto mutually agree as follows: ARTICLE I. For and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said CITY, the CONTRACTOR agrees with said CITY to FY 05/06 CITYWIDE LANDSCAPE MAINTENCANCE SERVICES, and to perform and complete in a good and workmanlike manner all the work described within the Specifications and Contract Documents, therefore, to furnish at his own proper cost and expense all tools,equipment, labor and materials necessary therefore(except those materials expressly noted as to be furnished by the CITY),and to do everything required by this Agreement and the said Specifications,Drawings,and Contract Documents. ARTICLE II. For furnishing all said materials and labor, furnishing and removing all plant, temporary works or structures, tools and equipment and doing all the work contemplated and embraced in this Agreement, also for all loss and damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the work until its acceptance by said CITY, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work; except such as in the said Specifications are expressly stipulated to be borne by the said CITY and faithfully completing the work and the whole thereof, in the manner shown and described in the said Drawings, Specifications, and Contract Documents and in accordance with the requirements of the Engineer, said CITY will pay and the CONTRACTOR shall receive in full compensation, therefore, the unit prices and the lump sum prices named in the Schedule of Work Items of the Proposal. ARTICLE III. The CITY hereby promises and agrees with said CONTRACTOR to employ and does hereby employ said CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the price aforesaid, and hereby contracts to pay the same,at the time, in the manner and upon the conditions set forth in the Specifications and Contract Documents,and the said parties for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE IV. The advertisement for Bids, the Proposal,the Specifications, and the Drawings mentioned therein, and all addenda issued by the CITY with respect to the foregoing prior to the opening of bids, are hereby incorporated in and made a part of this Agreement. ARTICLE V. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workmen'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. IN WITNESS WHEREOF: The Parties hereto have caused this contract to be executed the day and year first above written. 3 . • CITY OF = ,: :ACH, CA F■` IA Party o / 'art y, �, i BY _` '' ---- _ City Mana r;, ATT ST: _ kr) . ity Clerk ,/ B ��� % ONTRACTOR-Pa of the Second Part Title /639'/ED/N ee- A leoR i,A k,'4, 4 Address - 4 • S Bond No. �/ (/ ERFORMANCE BOND KNOW ALL PE ONS BY THE E PRESENTS that: WHEREAS the City of Seal Beach,has awarded (Name and address of Contractor) ("Principal"), a contract(the"Contract")for the work described as follows: WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. NOW,THEREFORE,we,the undersigned Principal,and (Name and address of Surety) ("Surei;.)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 Dollars ($ ), 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 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 shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. 5 • f Dated: "Principal" "Surety" By: By: Its Its By: _ By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • • 6 • • t ( PAYMENT BOND 1/7 ) (LABOR AATELS)O ERS• ` Y HESE PRESENTS that: lli;WH EAS the City •�Sea Beach,has awarded to (Name and address of Contractor) ("Principal"),a contract(the"Contract")for the work described as follows: WHEREAS, Principal is required under the terms of the Contract 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 (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 Dollars ($ this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 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 insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond, and it does hereby waive.notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract or to the work or to the specifications thereunder. Surety hereby waives the provisions of California Civil Code §§2845 and 2849. . 7 1 • • IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. Dated: "Principal" "Surety" By: By: Its Its By: By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • 8 • • INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION FY: 05/06 CITYWIDE LANDSCAPE MAINTENANCE SERVICES Indemnitor(s)(list all names): t(, .C\*4NCVS l../Ack s r Ace S e e\“ Vt L 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 Seal Beach and its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the "Agreement") or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass(a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code§2782(a)or(b)the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage, 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" Nameb\\ZCV4AKM Name: By: Its t E�, Its 9 • S 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 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 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." Date 7 ./40 Signature��_"'�' 10 • • • STATEMENT ACKNOWLEDGING PENAL AND CIVIL PENALTIES CONCERNING THE CONTRACTORS' LICENSING LAWS [Business&Professions Code §7028.15] [Public Contract Code§20103.5] . I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given,hold a currently valid California contractor's license as set forth below(required at time of award): Business&Professions Code§7028.15: (a) It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases: . (1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code. (b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months,or both. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, "the price of the contract" for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed. (c) This section shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his or her individual licensure. (d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. (e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law,unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13,inclusive. Any contract awarded to, or any purchase order issued to,a contractor who is not licensed pursuant to this chapter is void. (f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. (g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within 11 • • three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient. Public Contract Code§20103.5: In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However,at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a•contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. License no.:-767S(�se Class: G `2 7 Expiration date: 74/,Qp 7 Date 7/j L Signature�,� �—j�j � - 12 • • INSURANCE REQUIREMENTS FOR CITY OF SEA BEACH PUBLIC WORKS CONTRACT LIABILITY INSURANCE The Contractor shall at all times during the terms of the Contract carry,maintain, and keep in full force and effect a policy or policies of comprehensive general liability insurance in which the City, along with its City Council and each member thereof, and every officer, official, agent, attorney, employee or volunteer of the City, is the named insured or is named as an additional insured with the Contractor in accordance with Section 7-3 of the Standard Specifications. The insurance company issuing such policy(ies)must be acceptable to, and approved by, the City Engineer and City Attorney. Contractor shall maintain limits of no less than One Million Dollars ($1,000,000) combined single limit coverage per occurrence for personal injury or death or property loss or damage which may arise from or relate directly or indirectly to the acts, operations or omissions of the performance of the Contractor and/or its subcontractors and/or the employees, agents, officers, officials or volunteers of either, in the performance of this Public Works Contract. Such insurance shall include coverage for all automobiles utilized by Contractor's or any subcontractor's employees or agents in the performance of the Contract. Contractor shall also provide an endorsement in substantially the form set forth below. ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF SEAL BEACH, ITS CITY COUNCIL AND EACH MEMBER THEREOF, AND EVERY OFFICER, OFFICIAL, AGENT, EMPLOYEE OR VOLUNTEER OF CITY SHALL BE NAMED AS JOINTLY AND SEVERALLY INSURED AS RESPECTS CLAIMS ARISING OUT OF THE FOLLOWING PROJECT: FY 05/06 CITYWIDE LANDSCAPE MAINTENANCE SERVICES IT IS FURTHER AGREED THAT THE FOLLOWING INDEMNITY AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE NAMED INSURED IS COVERED UNDER THE POLICY: CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS CITY COUNCIL AND EACH MEMBER THEREOF AND EVERY OFFICER, OFFICIAL, EMPLOYEE, ATTORNEYS, AGENT, AND VOLUNTEER OF CITY FROM AND AGAINST ANY AND ALL LIABILITY OR FINANCIAL LOSS RESULTING FROM ANY SUITS, CLAIMS, LOSSES OR ACTIONS BROUGHT AGAINST, AND FROM ALL COSTS AND EXPENSES OF LITIGATION BROUGHT AGAINST, CITY, ITS CITY COUNCIL AND ANY MEMBER THEREOF, AND ANY OFFICER, OFFICIAL, EMPLOYEE, AGENT, ATTORNEY OR VOLUNTEER OF CITY WHICH RESULTS, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY WRONGFUL OR NEGLIGENT ACT OR OMISSION OF CONTRACTOR OR ANY SUBCONTRACTOR, OR AN OFFICER,EMPLOYEE OR AGENT OF EITHER,OR ANYONE FOR WHOSE ACTS ANY OF THESE MAY BE LIABLE, WHILE ENGAGED IN THE PERFORMANCE OF THIS CONTRACT, EXCEPT WHERE SUCH LIABILITY OR LOSS IS SOLEY CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY. THE INSURANCE COVERAGE SHALL APPLY SEPARATELY TO EACH INSURED AGAINST WHOM A CLAIM IS MADE OR SUIT IS BROUGHT, EXCEPT THAT THE INCLUSION OF MORE THAN ONE INSURED SHALL NOT OPERATE TO INCREASE THE LIMITS OF THE COMPANY'S LIABILITY. THE INSURANCE COVERAGE SHALL NOT BE SUSPENDED, VOIDED, CANCELED, REDUCED IN COVERAGE OR IN LIMITS,OR OTHERWISE MATERIALLY CHANGED,UNLESS THIRTY(30) DAYS ADVANCE WRITTEN NOTICE BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED HAS BEEN GIVEN TO THE CITY. THE INSURANCE COVERAGE PROVIDED BY CONTRACTOR AS SET FORTH HEREIN SHALL BE PRIMARY INSURANCE WITH RESPECT TO THE CITY, ITS CITY COUNCIL AND ANY • 13 • • MEMBER THEREOF, AND ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS. ANY INSURANCE OR SELF-INSURANCE MAINTAINED BY THE CITY,ITS CITY COUNCIL OR ANY MEMBER THEREOF, OR ITS OFFICERS, OFFICIALS, ATTORNEYS, AGENTS, EMPLOYEES AND VOLUNTEERS SHALL BE IN EXCESS OF THE CONTRACTOR'S INSURANCE AND SHALL NOT CONTRIBUTE WITH IT. INSURER WAIVES ANY RIGHT OF CONTRIBUTION WITH SUCH OTHER INSURANCE WHICH MAY BE AVAILABLE TO THE CITY. INSURER WAIVES ALL RIGHTS OF SUBROGATION FOR LOSSES AGAINST THE CITY, ITS CITY COUNCIL OR ANY MEMBER THEREOF OR ITS OFFICERS, OFFICIALS, AGENTS, EMPLOYEES AND VOLUNTEER 14 • • Page Intentionally Left Blank 15 • • WORKER'S COMPENSATION CERTIFICATE OF INSURANCE WHEREAS,the CITY OF SEAL BEACH 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 SEAL BEACH, City Hall, 211 EIGHTH STREET, SEAL BEACH,CA 90740-6379. 2. The insureds under such policy or policies are: 3. Worker's 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, voided or reduced in coverage or limits of liability, unless and until thirty days' advance written notice thereof has been served upon the City Clerk of the CITY OF SEAL BEACH. By: Its Authorized Representative /1I/\61°4‘) li/ ( ( 16 • • ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): FY: 05/06 CITYWIDE LANDSCAPE MAINTENANCE SERVICES Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the"Policy")or in any endorsement now or hereafter attached thereto,it is agreed as follows: 1. The City of Seal Beach, 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 coverage's 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 coverage's provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall 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 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: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 17 • • 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard ❑ Owners/Landlords/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage ❑ Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ 'Liquor Liability ❑ Extended Bodily Injury ❑ ❑ Broad Form Comprehensive ❑ ❑ General Liability Endorsement ❑ 12. A ❑ deductible or ❑ 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 (print name), hereby declare under penalty of perjury under the laws of the State of California,that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) • Phone No.: ( ) • • 18 • • ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): OFFFICAL TITLE OF PROJECT: • 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: The City of Seal Beach, 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. 1. 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. 2. 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. 3. 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 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. 4. 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. 5. 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. 6. 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. 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. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 7. 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. • 19 • • • TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY 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 ❑ 11. A ❑ deductible or ❑ 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). 12. This is an ❑ occurrence or ❑ claims made policy(check one). 13. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number • I, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind the Company. Executed ,20 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) ,.. °Vf1(7( C 20 • • ADDITIONAL INSURED ENDORSEMENT EXCESS LIABILITY Name and address of named insured("Named Insured"): Name and address of Insurance Company("Company"): FY 05/06 CITYWIDE LANDSCAPE MAINTENANCE SERVICES Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy")or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The City of Seal Beach, 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 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. 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. 21 • • 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: Director of Public Works City of Seal Beach 211 8th Street Seal Beach CA 90740 • 10. Except as stated above and not in conflict with this endorsement,nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY ❑ Following Form ❑ Umbrella Liability 0 10. Applicable underlying coverages: INSURANCE COMPANY POLICY NO. AMOUNT 11. The following inclusions, exclusions, extensions or specific provisions relate to the above coverages: 12. A ❑ deductible or ❑ 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, (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof,I do so bind•the Company. Executed ,20 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) IMP/ 22 � 6 • Premium is for Contract Term and is • Subject to Adjent Based on Final Contract Price EXECUTED IN TWO COUNTERPARTS Bond No. 72BSBAD6361 PREMIUM: $5,582.00 FOR THE TERM JULY 1, 2006 TO JUNE 30, 2007 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,has awarded Merchants Landscape Services, Inc. 1190 Monterey 'Pass Road, Monterey Park, CA 91754 (Name and address of Contractor) • ("Principal"),a contract(the"Contract")for the work described as follows: FY 05/06 Citywide Landscape Maintenance 'Services WHEREAS, Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract. • NOW,THEREFORE, we,the undersigned Principal,and _ Hartford Fire Insurance Compan One Pointe Drive, Brea CA 92821 (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 TWO HUNDRED SEVENTY-NINE THOUSAND ONE HUNDRED TWENTY AND NO/100********************************* Dollars (S279 120.00 , this amount being not less than the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform all the undertakings, terms, covenants, conditions and agreements in the Contract and any alteration thereof made as therein provided, on the Principal's part to be 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 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 shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. 5 • • Mme: June 30, 2006 "Principal" ..suretic Merchants Landscape Services, Inc. Hartford Fire Insurance Compan t oaea,- pct cis' i JOHN D. 'iSINGER, Attorney-In-Fact R. Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attomey-in-fact must be attached. • • • 6 • -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 30, 2006, before me, Donna M. Green,Notary Public, personally appeared JOHN D. HUNSINGER, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is/axe subscribed to the within instrument and acknowledg d to me that he/she/they executed the same in his/he4heir DONNA M. GREEN authorized capacity(ies, and that by his/heiItheir-signatureN on the i instrument the person A, or the entity upon behalf of which the person r - r', COMM. #1643309 � �;��" � : NOTARYPUBLIC•CALIFORNIA� acted,executed the instrument. L \$. LOS ANGELES COUNTY j My Comm Expires Mar2,2010 WITNESS my hand and official seal. A.,67/414) (h7- Signature of N6t OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and coul I prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AT ED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMI ' • El ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERV OR OTHER: SIGNER IS R P ESENTING: NAME 0 RSON(S)OR ENTITY(IES) ° • HARTFOHARD,RTFORD CONNECPLAZA TICUT 06115 © Hartford Fire Insurance Company Twin City Fire Insurance Company n n Hartford Casualty Insurance Company Hartford Insurance Company of Illinois in El Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest n n Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast n KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company,corporations duly organized under the laws of the State of Connecticut;Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint,up to the amount of unlimited: John D. Hunsinger,Mary Smith, T.L. O'Loughlin of Pasadena, CA their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. 00 fik, isosmitp.„\s. i il) e 01 t t 5,..., e j "511 4i lase ,P • Z r F • m- N :• !;`--:►rte ` . ,� �i, ,> • u•O ...s• r�'.D • 'kn.n emit• r: 'eCJ Ct . fj2'..a ('''-? P. V:400.■ Paul A.Bergenholtz,Assistant Secretary John P.Hyland,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD )) On this 19th day of September,2000, before me personally came John P. Hyland,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Hartford, State of Connecticut;that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. l/ �+ ;eerie/• • Jean H.Wozniak CERTIFICATE Notary Public My Commission Expires June 30,2004 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of June 30, 2006 • Signed and sealed at the City of Hartford. ' iri •�t+s a w'MMt . it•` ^ .+r oimmolb.1,, •N a Et �... • ( %)•�'3� : 4i 1. Colleen Mastroianni,Assistant Vice President EXECUTED IN TWO COUNTER", BOND NO. : 72BSBAD6361 PREMIUM: INCLUDED IN PERFORMANCE BOND FOR THE TERM: PAYMENT BOND JULY 1, 2006 TO JUNE 30, 2007 (LABOR AND MATERIALS) KNOW ALL PERSONS BY THESE PRESENTS that: WHEREAS the City of Seal Beach,,has awarded to Merchants Landscape Services, Inc. 1190 Montere Pass Road Monterey Park, CA 91754 • (Name and address of Contractor) ('Principal"),a contract(the"Contract")for the work described as follows: FY 05/06 Citywide Landscape Maintenance Services WHEREAS,Principal is required under the terms of the Contract 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 Hartford Fire Insurance Compan One Pointe Drive, Brea CA 92821 - • (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 TWO HUNDRED SEVENTY-NINE THOUSAND ONE HUNDRED TWENTY AND NO/100******************************** Dollars ($ 279,120.00 this amount being not less than fifty percent (50%) of the total contract price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the hereby bounded Principal,his,her or its heirs, executors, administrators, successors or assigns, or subcontractors.shall fail to pay any of the persons named in Section 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 insure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon the bond. In case suit is brought upon this bond, Surety further agrees to pay all court costs and reasonable attorneys' fees in an amount fixed by the court. FURTHER,the Surety,for value received,hereby stipulates and agrees that no change,extension of time, alteration;addition or modification to the terms of the Contract,or of the work to be performed thereunder, or the specifications for the same, shall in any way affect its obligations under this bond,and it does hereby waive notice of any such change,extension of time,alteration,addition, or modification to the terms of the Contract or to the work or to the specifications thereunder_ Surety hereby waives the provisions of California Civil Code§§2845 and 2849. 7 • • IN WITNESS WHEREOF, two(2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof,have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate patty being hereto affixed and these presents duly signed by its undersigned representative(s)pursuant to authority of its governing body. mod: June 30, 2006 "Principal" "Surety" Merchants Landscape Services, Inc. Hartford Fire Insurance Company By Its C / By: JC HUNSINGER, Attorney-In-!'act By: Its Its (Seal) (Seal) Note: This bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. • • 8 II• • -CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On June 30,2006, before me, Donna M. Green,Notary Public, personally appeared JOHN D. HUNSINGER, ® personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person( ] whose name) is/aie subscribed to the within instrument and acknowledged to me that he/she1they executed the same in his/hex/their- authorized capacity(ie4 and that by his/Iwzit-IieiP signatureN on the DONNA M.GREEN = instrument the person ], or the entity upon behalf of which the person L7T. . = COMM. #1643309-o Ihs `` .= 'U. NOTARYPUBLIC•CALIFORNIAm acted, executed the in trument. I•t 'l•$► LOS ANGELES COUNTY n, ,� *T' My Caren.Expires Mar.2,2010 WITNESS my hand and official seal. tiniviife) 027 e-e -} Signature of N ta. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. � CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCU .•R1�TT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REP' . NTING: NAME OF 'SON(S)OR ENTITY(IES) • HARTFORD HARTFORD,CONNECPLAZA TICUT 06115 • © Hartford Fire Insurance Company Twin City Fire Insurance Company n n Hartford Casualty Insurance Company Hartford Insurance Company of Illinois n n Hartford Accident and Indemnity Company Hartford Insurance Company of the Midwest n n Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast n KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company,corporations duly organized under the laws of the State of Connecticut;Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company, Twin City Fire Insurance Company and Hartford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint,up to the amount of unlimited: John D.Hunsinger, Mary Smith, T.L. O'Loughlin of Pasadena, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. f¶U�_ r ,\ % , ,�,�it�s yr` G!.i.` ...Iy „ti---- <� 11 1 {�+�1¢ II,1644 . 's'�1 l 11f12..*), % i 97 U `il /_ �� • Paul A.Bergenholtz,Assistant Secretary John P.Hyland,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 19th day of September,2000,before me personally came John P. Hyland,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Hartford, State of Connecticut;that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. • ice• � Jean H.Wozniak CERTIFICATE Notary Public My Commission Expires June 30,2004 I,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a trua and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of June 30, 2006 . Signed and sealed at the City of Hartford. Cloy rt'sib lit % ''Ik1144r,!.-ti ) /ref\ 1.7rfolims,,Nt 4. 1.94,11" 2 orirqb t i 0 17 14 1 e 6 , , er., ,.., tG! \"ouetrj� �•sutl' c,�tYTY .' ti7Y F i , _ . ., ....... f f _,..,..• ,,...,.....,...„...„.....;,..i, Colleen Mastroianni,Assistant Vice President I 0 or II o T. . m a ' • I 'l 4 O W ...9 ow O 4 0 51 13 h ;0 I- ° � a� W 2 11 w 1Ititi'' z E b ; o o ` � _ .d z . 0 J c I m Y litgizik W c A o 0 0 Ill 1 7,° a c 0 g ic m Id d SsO C `0 O " V • � lu ii S 3 O 0F' o Zall ' i o 1 -1 i radiIL ®111 tli al It. V O ;r i o ~ O CO Z I e,iiiiiiti Z o Y. m y `p �, o s # rr W 02 -ätzE as a �° s. ap 2 °1- W 1 :11 • Ir I it;gi gl IC < - V ,4 co) p V ' .1 o .r� t�g.�� H In .4 a3 ��e - 0 . d lim W M �' v� W V +00+ V a0.+ t���`` `- I tf' iii/ , 1�0 8 a - e � � /' 9 w r. , aO 0 �' � C V N. p 10 H = l j f N. ( U 14 ci) E {O) CS ;r-t b i' '1- _1i■j. ''?.'' ,,,- , Rt-04:1 ca.5 O. M0 2 T .4,_, ,',-,:,, ....- ,i'L'', ' . t" ,.. :4-ots-43.14§. t c a Fit° o co C.)Z i -- o I i k t 0 • ACO 0" CERTIFICATE OF LIABILITY INSURANCE Date(mmledlyy( L_ 6/7/2006 Producer Ani Sedruley THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Bolton&Company THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE 245 S. Los Robles Ave., Suite 105 COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena CA 91102 INSURERS AFFORDING COVERAGE 626-799-7000 INSURER Liberty Mutual Insurance Co. www.boltonco.com A 0008309 INSURER Federal Insurance Company B Insured INSURER Merchants Landscape Services, C Inc. INSURER 1190 Monterey Pass Road D — -- _Monterey_Pa ------------- ------- INSURER.. .... ------ :_CA..:.:91754 _ - :. - E CAVFRAGFS . - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POUCY POUCY 1NSR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POUCY NUMBER M11A D E MNDATE LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LAB FIRE DAMAGE(Any one fee) S -ICWMS MADE OOCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE S awl.AGG LSWT APPLIES PER PRODUCTS.COMPATP AGG S POLICY flPROJECT I I LOC i . AUTOMOBILE UABIUTY ANY ADO COMBINED SINGLE UNIT S _AU.OWNED AUTOS BODILY INJURY _SCHEDULED AUTOS Per person) S _HIRED AUTOS BODILY INJURY _NON-OWNED AUTOS (Per accident) S PROPERTY DAMAGE acddenU S GARAGE UABIUTY AUTO ONLY•EA ACCIDENT S RANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS UABIUTY 'EACH OCCURRENCE S OCCUR 0 CLAIMS MADE AGGREGATE S S RDEDUCTIBLE S RETENTION S S WORKERS'COMPENSATION& ✓(STATUTORY LIMIT I bTHER: • ... x EMPLOYERS'LIABILITY EL EACH ACCIDENT S 1000000 A WC539S302313015 1/1/2006 1/1/2007 EL DISEASE-EA EMPLOYEE s 00�p00 EL DISEASE•POUCY UNIT S 1 000000 B Employee Theft/ 81585028 6/1/2006 6/1/2007 Limit 1,000,000 Forgery Deductibl 25,000 DESCRIPTION OF OPERATIONS/LOCALONSNEHICLES/EXCLUSIONS ADDED EY ENDORSEMENT)SPECIAL PROVISIOVS -NEVADA Operations CERTIFICATE HOLDER CANCELLATION MLS NV SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE SAMPLE CERTIFICATE ONLY EXPIRATION DATE THEREOF.THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION (NO COVERAGE TO HOLDER) OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRE- SENTATIVES. •10 Days for Non-Payment of Premium AUTHORIZED (REPRESENTATIVE l' e�1 Cheryl Fele •ACORD 25-5:(7/9,7).• .. •©ACORD:•CORPORATION 1988• • IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(iies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such 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 nni.0 n iwu-or such evao•senwq*(s) --- DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder,nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) created at www.e CertsONUNE.com ACORDn, CERTIFICAt OF LIABILITY INSURAFE ofEoil 0) PRODUCER (559)650-3555 FAX (559)650-3558 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Landscape Contractors (Lic#0755906) ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Services, Inc. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1835 N. Fine Avenue Fresno, , CA 93727 INSURERS AFFORDING COVERAGE NAIC# INSURED Merchants Landscape Services, Inc. INSURERA Everest National Insurance Co. 10120 1190 Monterey Pass Road INSURER B Monterey Park, CA 91754 INSURER C• INSURER D INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDL POLICY EFFECTIVE_ POLICY.EXPIRATION LTR WSRD TYPE OF INSURANCE- POLfCYNUMBER DATE IMMIDDMf1 DATE IMMIDDIYYI LSAR8 GENERAL LIABILITY 1700003946061 04/21/2006 07/01/2007 EACH OCCURRENCE $ 1,000,000 X l.UmmtKLIAL taGr1onL LwnlLI I r BAMACC TO f1ENTLD 1U0 OOU PRFMIS S(E:occurencel 5 CLAIMS MADE © OCCUR MED EXP(My one person) $ 5,000 A X XCU - Coverage PERSONAL&ADV INJURY $ 1,000,000 X $1,000 PD DED GENERAL AGGREGATE s 2,000,000 GENL AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMP/OP AGG $ 2,000,000 —I POLICY n ACT n LOC AUTOMOBILE UABILITY 1700003976061 04/21/2006 07/01/2007 COMBINED SINGLE LIMIT X ANY AUro (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) i A X HIND AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE RDEDUCTIBLE $ RETENTION $ i WORKERS COMPENSATION AND I y-Lt.M TS I J T EMPLOYERS'LABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED E L.DISEASE-EA EMPLOYEE $ If yes.descnbe under SPECIAL PROVISIONS below _ E.L.DISEASE-POLICY LIMIT 8 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: City of Seal Beach Primary Insurance: See attached ECG205011299 ECG205020100 & CG2404 The city of Seal Beach, its elected officials, officers, attorneys, agents, employees, and volunteers as additional insureds CERTIFICATE HOLDER CANC LATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Director of Public Works EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Seal Beach 30 DAYS WRITTEN NOTICE TOME CERTIFICATE HOLDER NAMED TO THE LEFT, City Hall BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LABILITY 211 8th Street OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Seal Beach , CA 90740 AUTHORIZED REPRESENTATIVE Amy Cole, CISR/TERESA ACORD 25(2001108) ®ACORD CORPORATION 1988 • • POLICY NUMBER: 1700003946061 COMMERCIAL GENERAL LIABILITY Merchants Landscape Services,Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS(FORM B) (CG 20 10 11 85) -This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. 06/30!2006 Name of Person or Organization: Director of Public works,City of Seal Beach,it's elected officals,officers,attorneys,agents,employees,and volunteers As it pertains to job @ City of Seal Beach (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 with respect to liability arising out of"your work"for that insured by or for you. ECG 20 501 12 99 Copyright,Everest Reinsurance Company, 1998 Includes copyrighted material of Insurance Services Office,Inc.used with its permission Copyright,Insurance Services Office,Inc., 1984 Page 1 of 1 • • POLICY NUMBER: 1700003946061 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABLITY COVERAGE PART WHO IS AN INSURED(Section II)is amended to include as an insured any person or organization: 1. Required to be named as an additional insured in a written contract or agreement;and 2. Approved by us as an additional insured. However,this amendment is subject to following: 1. This insurance does not apply to any person or organization not specifically approved by us as an additional insured; 2. Any insurance afforded an additional insured under this endorsement shall not begin before 12:01 A.M. on the date that person or organization is approved by us as an additional insured; 3. Regardless of the number of additional insureds,the limits of Insurance under this insurance shall not be increased; 4. Any Coverage that is not afforded under an additional insured's liability insurance for your acts,errors and omissions is also not afforded under this insurance; 5. No Coverage is provided under this insurance for liability based on the goods,products,acts,errors or omissions of an additional insured; 6. To the extent required under written contract,this insurance will apply to an additional insured as primary insurance and other insurance which may be available to such additional insured shall apply on an excess basis; 7. If required by a written contract,we waive our right to recovery against any additional insured because of payments we make for injury or damage arising out of: a. Your ongoing operations,or b. "Your Work"done under a contract with that additional insured and included in the"products- completed operations hazard". ECG 20 502 01 00 Page 1 of 1 • • POLICY NUMBER: 1700003946061 COMMERCIAL GENERAL LIABILITY Merchants Landscape Services, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Director of Public Works,City of Seal Beach, it's elected officials,officers,attorneys,agents,employees,and volunteers As it pertains to job @ City of Seal Beach (If no entry appears above, information required to complete this endorsement will be shown in the Declara- tions as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV—COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the'products-completed operations hazard°. This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 ❑