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CONTRACT 3963 Public Works Contract CLOSED3963.,,, PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND BELAIRE -WEST LANDSCAPE, INC. This CONTRACT is entered into this 21ST day of July, 2009, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and BELAIRE -WEST LANDSCAPE, INC. ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Forty -Nine Thousand dollars ($49,000) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within 45 working days (the "Contract Time. ") 3963. B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third - party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 2 3963 . ;'; j 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City Dana Greenwood, Public Works Director City of El Segundo 350 Main Street El Segundo, CA 90245 Attn.: Dan Garcia, Asst. City Engineer The Contractor Jan Struiksma, President Belaire -West Landscape, Inc. P.O. Box 6270 Buena Park, CA 90622 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other 3 3963 • ... party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 14. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Ventura County. 15. BUSINESS LICENSE. Unless waived in accordance with Santa Paula Municipal Code § 110.03(B), the Contractor and all sub - contractors must obtain a City Business License before executing this Contract. 16. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. The Standard Specifications; and C. Precedence of documents as determined in the Standard Specifications. 17. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 18.AUTHORITY /MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 19.ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 20. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 21.CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 4 3963 , ej 22.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY GUND CONTRACTOR: J ayt, J Struiksma, President ity Manager Belaire -West Landscape, Inc. ATTEST: By: Cind Mortesen City Clerk APPROVED T. MARK D. H S Cl T, ORNEY c I H. Berger, istant City Atto y 5 Taxpayer ID Number: Q.5 '3L'Y7gS7/ Contractor State License Number: 835109, C -10, A Contractor City Business License Number: 3963 . a , , Premium Ls for contract term and is subject to adjustment based on final contract price Executed in Duplicate FAITHFUL PERFORMANCE BOND Bond No, Si11102622 Bond Fee: $735.00 Belaire- `Vest Landscape, Inc. ( "PRINCIPAL ") and Arch Insurance Company , a corporation incorporated under the laws of the State of 1liissouri and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of * DOLLARS, which is a minimum one hundred percent (100 %) of the contract amount, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. *Forty -Nine Thousand and No /100 ($49,000.00) PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. 09 -06, and the public works contract executed with such Specifications, In the Case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1, PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. 09 -06, a copy of which is on file with CITY's Engineering Division ( "Public Project "), Such performance will be in accordance with CITY's plans and profiles- (CITY DRAWING FILE NO. ) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2, PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CiTY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor, 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY, 4, This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). spopldeagma � Pralftcw `W Pohb�l Perfarmnnea sand ( 1 WS) I -E -1 3963 • . , ,] 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 09 -06 or of the obligation to be performed will in anyway affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or' modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above, and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B, A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 8th day of ... July , 20 09 - Bela4PC andscape, Inc. M AL's PRE SIDENT #% %. r�& o, 4ek-�� PRlN IPAL's SECRETARY PRINCIPAL's MAILING ADDRESS; Belaire -Nest Landscape, Inc. 7371 Walnut Ave Buena Park, CA 90620 Arch Insurance Company SURETY' 7 SURETY'S attorney -in -Fact Pamela McCarthy SURETY's MAILING ADDRESS; Arch Insurance Company _ 135 N. Los Robles Ave #825 Pasadena, CA 91101 NOTE: (1) ALL signatures must be acknowledged by a notary public, Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. .,peelAcngono- ProlGom % F *Ahhd Pn+. mnnco Cend I I Mal I -E -2 3963 . , ortoey�o`� COUNTY OF LOS ANGELES + REGISTRAR- RECORDER/COUNTY CLERK 12400 IMPERIAL HWY. — P.O. BOX 53592, NORWALK, CALIFORNIA 90650- 562 - 462 -2177 <cqS Dean C. Logan Registrar- Recorder /County Clerk Certificate of the Clerk in Re Surety (1057A C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, Dean C. Logan, Registrar- Recorder /County Clerk for the County of Los Angeles of the State of California, do hereby certify that: ARCH INSURANCE COMPANY Has been certified by the insurance commissioner of the State of California as an insurer admitted To transact Surety Insurance in this State, as required by Sections 12070 to 12072 of the insurance Code. I further certify that according to the records in this office, said authority has not been surrendered, Revoked, cancelled, annulled or suspended. IN WITNESS WHEREOF, I have hereunto to set my hand and affixed the seal of the State of California, For the County of Los Angeles this 28th day of July 2009. Dean C. Logan Registrar Recorder /County Clerk By: �r G/' , Deputy J. ME ?O �I rs1 TFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California SS. County of San Bernardino ) 3963 -,, On July 8 2009 before me, Cynthia J Young Notary Public Name and Title of Officer (e.g., Jane Doe, Notary Public ") Personally appeared Pamela McCarthy CYNTHIA J. YOUNG COMM. # 1806614 z NOTARY PUSUC - CALIFORNIAN SAN SERNAROM COUNTY My Comm. ExPWO July 15, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. 4, 4,�j 06 V nature of Notdry Public OPTIONAL Though the information below is not required bnd reattachment of this valuable orm to another on the document and could prevent fraudulent removal Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual O Corporate Officer Ti +la O Partner -- O Limited 0 O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: General Number of Pages: Top of thumb here POWER OF ATTORNEY Know All Men By These Presents: 3963•,,. That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company ") does hereby appoint Pamela McCarthy, Jay P. Freeman, Susan C. Monteon and Frances Lefler of Ontario, CA (EACH) its true and lawful Attomey(s)4n -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. 9 b. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed'by their' authorized officers, this 1 st day of May 20 08 . Attested and Certified Arch Insurance Company fiance C CORPORATE 3,0 11971 1871 ` K� Sis O Alin , Secretary jMi 4ete, siden STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Brian C. Kuhn, Notary Public Brian C. Kuhn, Notary Public City of Philadelphia, Philadelphia County My commission expires 12 -06 -2011 CERTIFICATION MY commission expires December O6, 2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereu o subscribed my name and aff ed the corpor s I of the Arch Insurance Company on this -Hr day of , 20 Martin J. Nil , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOML0013 00 03 03 Page 2of2 *no* co CORPORATE SEA1 y 19n t lbsoorl Printed in U.S.A. 64 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed'by their authorized officers, this 1 st day of May -12008 . Attested and Certified vrance CORPORATE a SEAL ^61 1971 t. C` IIISiOYfI Martin J. Nil o" Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company hl I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Brian C. Kuhn, �Notary Public Brian C. Kuhn, Notary Poblic City of Philadelphia, Philadelphia County My commission expires 12 -06 -2011 CERTIFICATION My commission expires December 06, 2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, 1 have hereu to subscribed my name and aff ed the corpor s I of the Arch Insurance Company on this �_W day of -� , 20_Z11!n' Martin J. Ni l , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOML0013 00 03 03 Page 2 of 2 v�once C 4 CORPORATE o'O� SEAL 1977 {� IlissoYfl i Printed in U.S.A. Executed in Duplicate 3963 .,..,4.1 LABOR AND MATERIALS BOND Bond No. SU1102622 Bond Fee: included in Performance Bond Belaire -NV est Landscape, Inc. , as principal ( "PRINCIPAL ") and Arch Insurance Companv , a corporation incorporated under the laws of the State of Nfissouri and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unto the CITY OF EL SEGUNDO ( "CITY ") in the sum of * DOLLARS, which is a minimum one hundred percent (100 %) of the contract, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this Instrument. *Forte -Nine Thousand and No /100 ($49,000.00) This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in , SPECIFICATIONS NO. 09 -06 ( "Public project "), the public works contract executed forsuch Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 09 -06, and the public works Contract executed for such Specifications, copies of which is on file with CITY's Engineedng Division ( "Public Project "). Such performance will be in accordance with CITY'S plans and profiles (CITY DRAWING FILE NO. ), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Ei Segundo Municipal Code ( "ESMC "). PPCalhmlI-MR — Plaitcl,%PW Lnbv MnW0, Nntl ( 1 100) I-F- 1 3963 • . 0 ., 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 09 -06, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or 'modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference; A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.540 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 8th day of July , 20 09 Belaire -Wes Landscape, Inc. P CIPAL's PRESIDENT I-'26na4 aj..ilz PRINC L's SECRETARY PRINCIPAL's MAILING ADDRESS: Belaire -Nest Landscape, Inc. 7371 Walnut Avenue Buena ar , .a arch Insurance Company S U , Ty, SURETY'S attorney -in -Fact Pamela 1bfcCarthy SURETY's MAILING ADDRESS; Arch Insurance Company 135 N. Los Robles Ave #825 Pasadena, CA 91101 NOTE; (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. LABOR MD MA MAL3 BOND I•F•j (0047107) I -r -2 3963 • ,',, ,,ORDER,, �N COUNTY OF LOS ANGELES REGISTRAR - RECORDER /COUNTY CLERK 11 12400 IMPERIAL HWY. — P.O. BOX 53592, NORWALK, CALIFORNIA 90650- 562 - 462 -2177 can C. Logan Recorder /County Clerk , Certificate of the Clerk in Re Surety (1057A C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I, Dean C. Logan, Registrar- Recorder /County Clerk for the County of Los Angeles of the State of California, do hereby certify that: ARCH INSURANCE COMPANY Has been certified by the insurance commissioner of the State of California as an insurer admitted To transact Surety Insurance in this State, as required by Sections 12070 to 12072 of the insurance Code. I further certify that according to the records in this office, said authority has not been surrendered, Revoked, cancelled, annulled or suspended. IN WITNESS WHEREOF, I have hereunto to set my hand and affixed the seal of the State of California, For the County of Los Angeles this 28th day of July 2009. Dean C. Logan Registrar Recorder /County Clerk By: , Deputy J. ME O 4 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT State of California ss. County of San Bernardino 3963., -,j On July 8, 2009 before me, Cynthia J. Young, Notary Public Name and Title of officer (e.g., "Jane Doe, Notary Public") Personally appeared Pamela McCarthy --------- -------- - CYNTHI��q j YpUNG COMM. # 1806614 _ NOTARY "UC - CALrORN1A Z aAN ""AR01NO COUNTY My Comm. E�tplraft July 15, 2o12 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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. OPTIONAL Signa r of Notary dblic Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer Title O Partner -- O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator Other: Signer is Representing: Number of Pages: Top of thumb here 3963.,,; POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri (hereinafter referred to as the "Company') does hereby appoint Pamela McCarthy, Jay P. Freeman, Susan C. Monteon and Frances Lefler of Ontario, CA (EACH) its true and lawful Attorney(s)-in -Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond Within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the-Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument authorized officers, this 1st day of _ May , 20 08 Attested and Certified c$ ante co CORPORATE �'OM SEU C 1971 MISiOYfI Martin J. Nil , Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS to be signed and its corporate seal to be affixed by their Arch Insurance Company J.Wi 4ete, i siden I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set or COMMONWEALTH OF PENNSYLVANA NOT R SAT, Brian C. Kuhn, Notary public Brian C. Kuhn, Notary Public CERTIFICATION City of Philadelphia, Philadelphia County My commission expires 12 -06 -2011 M Commission December 06, 2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WH -OF, 10 here to subscribed my name and aft ed the corpor s I of the Arch Insurance Company on this - day of 20�j� Martin J. I Nil , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOMLOO13 00 03 03 Page 2 of 2 OS�tonce C 0 CORPORATE 3'O ` 7 19 a 1971 1 {� divaorl Printed in U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 1st day of May 02008 . Attested and Certified co�tance C ` o CORPORATE SEAL 7a 1971 y Nis O Martin J. Nil ' Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company Irl ael AWt ice - idOOF I, Brian C. Kuhn, a Notary Public, do hereby certify that Martin J. Nilsen and J. Michael Pete personally known to me to be the same persons whose names are respectively as Secretary and Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set COMMONWEALTH OP PENNSYLVANIA NOTARIAL SEAL Brian C. Kuhn�Notary Public Brian C. Kuhn, Notary Public City of Philadelphia, Philadelphia County My commission expires 12 -06 -2011 CERTIFICATION My commission expires December 06, 2011 I, Martin J. Nilsen, Secretary of the Arch Insurance Company; do hereby certify that the attached Power of Attorney dated May 1, 2008 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said J. Michael Pete, who executed the Power of Attorney as Vice President, was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I ha here to subscribed my name and aff ed the corpor s I of the Arch Insurance Company on this day of , 20c Martin J. Nil , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Y PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Contractors & Developers Group 135 N. Robles Ave., Ste. 825 Pasadena, CA 91101 OOMLO013 00 03 03 Page 2 of 2 P$vtonce C CORPORATE SFAL 1971 Mhuoud Printed in U.S.A. 3963.81..•) INSURANCE REQUi.REMENTS [MUST BE SUBMiTTED WITH PROJECT PROPOSAL] To be awarded this contract, the successfitl bidder must procure and tnaintairi the following types of insurance with coverage Hunts cotuplying, at a uninimum, with the limits set forth below: Tvnc of Insurance Limits Commercial general liability: Professional liability $ Business automobile liability $ Workers compensation. Statutory regturement. Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CO 00 01 11 85 or 88. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its Officials, and employees as "additional. insureds" under said insurance coverage and to stage that such insurance will be deem.ed'"pr.iinary" such, that any other insurance that may be carried by the City will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance must be on an "occurrence," not a "claims made.," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City. Professional liability coveragc must be on an "occurrence basis" if such. coverage is available, or on a "cWtus made" basis if not available. When coverage is provided on a "claims made basis," the Consultant must continue to maintain the insurance in. effect for a. period of three (3) years after tltis .Agreement expires or is terminated ("extended insurance"). Such extended insurance nlist have the same coverage and limits as the policy that was in effect during the term of this Agreement, and cover the Consultant for all claims made by the City arising out of any errors or omissions of I:he Consultant, or its officers, employees or agents during the time this Agreement was in effect. Automobile coverage must be written ou ISO Business Auto Coverage Forte CA 00 01. 06 92, including symbol 1 (Any Auto). The Consultant must furnish to the City duly authenticated Certificates of Insurance evideneing maintenance of tiie hsurance required under. this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably .required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A.VQ." Certificates) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written. notice of cancellation imposes n.o obligation, anal. to delete the word "endeavor" with regard to any notice provisions. By signing this fonry the bidder certifies that it has read, understands, and will. conVly with these insurance requirements if it is selected as the City's consultant, Faiiure to provide this iusurance will render the bidder's proposal "nonresponsive." Date Bidder 39 6 3 . , 0 64 ACORD,, CERTIFICATE OF LIABILITY INSURANCE 7D23( 2T312009 E( PRODUCER Phone: 909- 886 -9861 Fax: 909- 886 -2013 Alliant Insurance Services, Inc. ie Drive, Suite 200 735 Carnegie THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TYPE OF INSURANCE-- POLICY NUMBER Jay Freeman San Bernardino CA 92408 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Peerless Ins Co 24198 INSURER B: National Union Fire 19445 Belaire West Landscape, Inc. INSURER C: PREMISES Eaoccurence P.O. Box 6270 Buena Park CA 90622 INSURER D: _ INSURER E: VCRI Irl Vf11 L 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. INSR LTR DD' NSR TYPE OF INSURANCE-- POLICY NUMBER POL EYEFFECTIVE POLICY EXPIRATION LIMITS A X GENERALLIABILITY CBP8382952 2/13/2009 2/13/2010 EACH OCCURRENCE $1,000,000 PREMISES Eaoccurence $500,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE i] OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 X pn D A $2,000 GENERAL AGGREGATE $2.000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $2,000,000 POLICY X PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIREDAUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accident) $ GARAGELIABILITY AUTO ONLY• EA ACCIDENT $ OTHERTHAN EA ACC $ ANYAUTO $ AUTO ONLY: AGG B X EXCESSIUMBRELLA LIABILITY X OCCUR El CLAIMS MADE BE02211861S 2/13/2009 2/13/2010 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 $ $ DEDUCTIBLE $ RETENTION $ WCSTATU- OTH• t WORKERS COMPENSATION AND E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: PW 09 -06, Washington Park Irrigation System Replacement. The City of E1 Segundo, its officers, officials, employees, agents, and volunteers are additional insureds as per form ttached. Primary wording is included. The cancellation clause has been amended to delete the "endeavor to" and "but failure to..." wording. VCRI Irl Vf11 L - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of E1 Segundo WILL MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER 350 Main Street NAMED TO THE LEFT. E1 Segundo CA 90245 AUTHORIZED REPRESENTATI oo ACORDZ5(Z001105) \ — - ��•- •-• -•- ---••• •- 3963•4,0a IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the 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 holder in lieu of such endorsement(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 (2001108) POLICY NUMBER:CSP8382952 3963•,..► COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations City of E1 Segundo Re: PW 09 -06, Washington Park Irrigation 350 Main Street System Replacement. El Segundo CA 90245 The City of El Segundo, its officers, officials, employees, agents, and volunteers are additional insureds as per form attached. Primary wording is included. The cancellation clause has been amended to delete the "endeavor to" and "but failure to..." wording. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER:CBP8382952 3963 • ...� COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization (s): Locations Of Covered Operations City of E1 Segundo Re: PW 09 -06, Washington Park 350 Main Street Irrigation System Replacement. E1 Segundo CA 90245 The City of E1 Segundo, its officers, officials, employees, agents, and volunteers are additional insureds as per form attached. Primary wording is included. The cancellation clause has been amended to delete the "endeavor to" and "but failure to..." wording. Information required to complete this Schedule if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER:CBP8382952 3 9 b 3 - ., .., J COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF 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: City of E1 Segundo (If no entry appears above, information required to complete this endorsement will be shown in the Declarations 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 Page 1 of 1 3963 • . , v GENERAL LIABILITY ADDITIONAL INSURED ENDORSEMENT CITY OF EL SECUNDO In consideration of the premium charged and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any endorsement now or hereafter attached thereto, It is agreed as follows: 1. ADDITIONAL INSURED. The City of El Segundo, its officers, agents and employees are included as additional Insured with regard to liabilityand defense of suits arising from "your work" performed by or on behalf of the named insured regardless of whether liability is attributable to the named insured or a combination of the named and the additional insured, 2. CONTRIBUTION NOT REQUIRED, Any other insurance maintained by the City of El Segundo is excess of this Insurance and will not contribute with it. 3. SEVERABILITY OF INTEREST. This Insurance applies Separately to each insured against whom Balm Is made or suit is brought except with respect to the company's limits of liability, The Inclusion of any person or organization as an Insured does not affect any right which such parson or organization would have as a claimant if not so included. 4. CANCELLATION NOTICE. With respect to the interests of the City of El Segundo, this Insurance may not be canceled, reduced in coverage or limits or non- ronawed, except after thirty (30) days prior written notice by REGISTERED OR CERTIFIED MAIL has been given to the Public Works Director of EI Segundo addressed as follows: Public Works Department, El Segundo City Hall, 350 Main Street, EI Segundo, CA 90245 '10 Day Notice of Cancellation for Non.-Payment of Premium. S. APPLICABILITY, The insurance pertains to the operations and/or tenancy of the named insured under all written agreements in force with the City of El Segundo unless checked here( ) in which case only the following specific agreements with the City of El Segundo are covered: s_ MAILING ADDRESS: Completed endorsements shall be issued to the City of El Segundo as follows: PUBLIC WORKS DEPARTMENT El Segundo City Hall 350 Main Straot Et Segundo, CA 90245 7. CLAIMS; Underwriter's representative for claims pursuant to this Insurance: Except as stated above, nothing herein shall be held to waive, after or extend any of the limits, conditions, agreements, or exclusions of the policy to which this endorsement Is attached, I Jay P. Freeman (printftype name), warrant that I have authority to bind the below - listed Insurance company and by my signature hereon do so bind this company to this endorsement. 8. Signature: A t ri Representative (orfgln'I signature required on copy furnished to the CltyAttomoy) TITLE: First Vice President s, ORGANIZATION: Alliant Insurance Services, Inc. ADDRESS: 735 Carnegie Drive, Suite 200, San Bernardino, CA 92408 TELEPHONE: 909- 886 -9861 (wee code) (telephone number) Page 1 of 2 N:rFORMSwoTICESKt (6/28100) WP 10, Includes (check as applicable)t Broad Form Liability Endorsement Broad Form Property Damage Personal Injury Independent Contractors Premises and Operations Explosion Hazard collapse/Underground Hazard Productslcemplated Operations Watercraft Liability () Garagekesper's Legal Liability () Incidental Medical Melpractleo QQ Contractual Liability () Owned Automobiles () Non-Owned Automobilae () Hired Automobiles 00 Fire Legal L[Wilty 11. Type coverage: General Liability 12. Limits of liability: Any One Occurrence $1,000,000 /Aggregate $2,000,000 13. Polley Period: From: 2/13109 To: 2113110 14, 00 dnduotible () BelMnsured Retenden (check which) of S applies to _ _ coverage. O per claim (A Per occurance 1b. Other provisions: 18. Names Insured and Address: Belaire West Landscape, Inc. 17. Insurance Compan: Peerless Insurance Company 18, Policy Number: CBP8382952 18. Endorsement Number. 20, Effective Bets of Endorsement: Page 2 of 2 N,VQRMMN0TICE.8K2 (6128100) WP 3963•1.0J 07/V/2009 17:09 90154979437 STATE FARM INSURANCE 3R;< 42' • ' V U V GI[HV G, 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 5HOVVN MAY HAVt tIt1 =N KI:UUUEU I3Y FAIU ULAIMS. DATE (MM100frM) ^+=o CERTIFICATE OF LIABILITY INSURANCE TYPE OF INSURANCE POLICY NUMBER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION PRODUCER MICHAEL C. GUSICK, AGENT .LIC #0465577 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1.99 E- THOUSAND OAKS BLVD., 5TE 101 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THOUSAND OAKS, CA 91.360 ERAL LIABILITY COMMERCIAL GENERAL LIABILITY INSURERS AFFORDING COVERAGE NAIL # INSURED INSIIPrRA' Rf-At'm Farm rpnaral Tnanranr-rP rnmnAmy 25151 .9. S1. INSURER B: State Farm Mutual Auto Tnsusance Company 25178 25178 Bel.aire West Landscape, Inc 7371 Walnut Avenue Buena Park, CA 90620 -1759 INSURERC; S'CaLe Farm Fixe and Casual.t ::Qmpany 25143 25143 PER80NAL 8 ADV INJURY INSURER D! INSURER E V U V GI[HV G, 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 5HOVVN MAY HAVt tIt1 =N KI:UUUEU I3Y FAIU ULAIMS. INSR LTR INSRD A00% TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE jMMfDDrYYI P LI Y EX 1 RATION DATE MMIDbM LIMITS 350 MAIN STREET OR EL SEGUNDO, CA 90245 ERAL LIABILITY COMMERCIAL GENERAL LIABILITY DAMAGE TO RENT D PRCM18E3 Ea occurrescol $ S MED EXP (Any Bile Paesom $ CLAIMS MADE F� OCCUR PER80NAL 8 ADV INJURY 9 GENERAL AGGREGATE S GENLAOW13ATEIMITAPPLIESPER PRODUCTS- COMF1tlPAGG S - POLICY PRO JECT 40C 3 X AUTOMOBILE LIABILITY 056 6526 C06 75F 03 -06 -2009 03-06 -2010 COMBINED SINGLE LIMIT (Ee acciderd) 3 1�40Q,000 ANY AUTO X ALL OWNED AUTOS 8CHEDULEb AUTOS BODILY INJURY (Per peraon) 3 X X BODILY INJURY (Peraedtlent) $ B B X X HIRED AUTOS NON -OWNED AUTOS X M PROPERTY DAMAGE (Per Sodded) a And waiver of :+ubzoga'eion AGE LIABILITY AUTO ONLY — EA ACCIDENT S OTHER THAN EAACC AUTO ONLY; A00 S ANY AUTO I $ "CE391PUMRRELLA LIABILITY OCCUR F7 CLAIMS MADE EACH OCCURRENCE AGGREGATE 6 5 DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND WC STATU- OThI. TORY LIMITS ER CMr1L0YCRC' LIA01I.r V ANY PROPRIETORIPARTNER)EXECUTIVE OFFiCF.R/MEMBSR EXCLuDED9 " E.L. EACH ACCIDENT S E.L. DISEASE - FA EMPLOYEE $,__ DI EASE - POLICY LIMIT S --` N yy6ee, doscrlbe under SDGCIAL PRbvISION9 beim OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED 9Y ENDORSEMENT I SPECIAL PROVISIONS JOB NUMBER: PW09 -06 WASHINGTON PARK IRRIGATION SYSTEM REPLACEMENT. THF. rTTY nF F.T. 9FGf.1ND0, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDID AS ADDITIONAL INSUREDS, BUT ONLY AS RESPECTS OPERATIONS Or THE INSURED UNDER WR.T.TTEN CONTRACT WITH THE INSURED. COVERAGE IS PRIMARY AND NON- CONTRIBUTORY. CITY OF ML SEGUNDO SHOULD ANY Oa Tom, ADOVC DESORMED POLICIES BE CANCELLED 0191501M THE ExPIRATION ATTN : tricT S MORALES, PROJECT CONSULTANT DATE THEREOF, THE ISSUING INSURER WILL IONWAVOR=O MAIL 30 DAYS WRITTEN PLANNING & BUILDING SAFETY NOTICE TO THE CERTIFICATE HOLDER NAMED TOTHFLEFi L -- lip ^' ^° ^�01Lihl ,1 °nu T'�S_A11IIG�R 350 MAIN STREET OR EL SEGUNDO, CA 90245 AUTHORIZED REPRESENT Gf Ora AVIJMU AP lcuvuuo) 1 1 c IG..J1311AOV.t ..U..wo All ra ..,.....�..+..........�...,. _, -.._.. ._-�--_— _ _ - 132848 03 -'13 -2007 r g s: sery 07/07/2009 17:09 9054979437 STATE FARM INSURANCE 3 9FG3 03 . • - IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this cortifieate Ileac not eonfor ri(.3htc to tho cortifir_ ato holder in H01-1 of C, Ir, h otlrinree,tent(c) If SUBROGATION IS WAIVED, subject to the terms and Conditions of the policy, certain policies may require an endorsement. A statement on this certitcate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (4001108) 07/07/-2009 17:09 8054979437 STATE FARM INSURANCE � "F��E� a$ s • 6028G.2 ADDITIONAL INSURED Prior Notice of Termination This endorsement is a part of your policy. Except for the changes it makes, all other terms of the policy remain the same and apply to this endorsement. it is effective at the same time asyour policy if issued with it. If issued at a later date the name, policy number and effective date must be shown. issued by STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or the STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois, as shown by the company's name on the policy of which this endorsement is a part. Named Insured: Belaire West Landscape, Inc Policy Number: 056 - 6526- Cd6 -75F Countersigned: 07/07/2009 Effective date: 03/0612009 to 03106/201.0 12:01A.M. Standard Time Authorized Represe tative It is agreed that Liability -- Coverage A of your policy is extended to the party named on the declarations page as an Additional Insured. The Additional Tnsured is subject to the provisions of the policy granting coverage to and insured other than you. The Additional Insured: 1. has the same right of recovery under this policy as before; 2. is not liable for any premium or other expense under this policy; 3. is not a member of the State farm. Mutual Automobile Insurance Company of Bloomington, Illinois. This policy will not be changed or terminated as to the interest of the Additional .Insured unless we give such insured notice. The number of days' notice we will give is ten unless another number is shown on the declaration page. �!rdeid�C1: Additional Insured: The City of El Segundo, its officers, officials, employees, agents and vvlu[ftC1':S rile inuludod as additional h1sureds, but only a.s respects operations of the insured under written contract with the .insured. Coverage is primary and non- contributory. 6028G.2 39b3 ACORDDATE (MMIDDIYYYY) M CERTIFICATE OF LIABILITY INSURANCE 07/08/2009 PRODUCER (888)745 -0002 FAX (888)834 -0006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Preferred American Insurance Sevices ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 999 Corporate Dr. #150 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ladera Ranch, CA 92694 INSURERS AFFORDING COVERAGE I NAIC # INSURED Belaire -West Landscape, P.O. Box 6220 Buena Park, CA 90622 INSURERA: Star Insurance Compi INSURER B: 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. IN SR LTR DD' NSR TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY POLICY NUMBER P LI Y EFFECTIVE DATE MMIDDIYYYY POLICY EXPIRATION DATE MMIDDIYYYY LIMITS EACH OCCURRENCE $ PREMISES Ea occurrence $ MED EXP (Any one person) $ AUTHORIZED REPRESENTATIVE E1 Segundo, CA 90245 CLAIMS MADE F-1 OCCUR i.r.nn ^^nnfln ATin \I All . ; nk+c rocn. 1 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMPIOP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR EI CLAIMS MADE DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION WC0458162 02/01/2009 02/01/2010 _ 1 TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,00( A AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - EA EMPLOYEE $ 1,000,00( E.L. DISEASE - POLICY LIMIT $ 1,000,00( OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS lob No. PW09 -06 - Washington PK Irrigation System Replacement Ref. Aerospace /Air Force Pedestrian Bridge, E1 Segundo, CA. 0 Day notice of cancellation to be issued for nonpayment of premium or nonreport of payroll. �cR I �rn,rir c nvwcr� —. •.- - - - -- --- - -- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL NXIM06U)i MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Xi67(lfd(d(i(iKdb�l@is14XIlL City of El Segundo��p�XX�K{,yX�Xi�XdL,X Attn: Louis Morales, Pro' Consultant X�IL XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Planning &Building Sa tyt 350 Main Street AUTHORIZED REPRESENTATIVE E1 Segundo, CA 90245 Kevin Conn STEVE i.r.nn ^^nnfln ATin \I All . ; nk+c rocn. 1 AGUKUZO[ZUUU/U1) ••-- •---- -------- - - - - -- - The ACORD name and logo are registered marks of ACORD