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MIDORI LANDSCAPE, INC. 5A - 2012
'- . V G?- ter' V fvSURANa l'iv .E 'Y','ORK MAY RROX,;` 0C JNTli_ EXEF i:`: ,LERK OF R FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on June 4, 2012, by and between Midori Gardens, a California corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into that certain Agreement A-2011-151, dated June 6, 2011, (hereinafter "said Agreement") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District A. B. The City requires maintenance of parks in District 4 while it seeks competitive bids to provide those services for an extended term, and Contractor has agreed to provide such maintenance through June 30, 2013. C. The parties wish to amend said Agreement to increase the Scope of Services to include an additional park district, extend the term and provide compensation for services provided during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District A, and District 4, as set forth in City's Request for Proposal 11-004 (RFP), dated March 10, 2011, and the maps included therein. However, Contractor will not be responsible under this Agreement for providing landscape maintenance services to the Santa Ana Regional Transportation Center ("SARTC"). Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A-1 and A-2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as Exhibit B. The parties acknowledge that Contractor holds a contract to provide median landscape and SARTC landscape maintenance services which is managed by the Santa Ana Public Works Agency. Contractor agrees that it will provide the Park Landscape Maintenance services that are the subject of this Agreement utilizing supervisors and staff which are separate and independent of staff utilized in the median maintenance services." 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: A-2012-114 "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. The total sum to be expended under said Agreement shall not exceed One Million, Sixty-Two Thousand, Five Hundred Forty-Four ($1,062,544.00) during the term of said Agreement. Said total expenditure includes $709,356.00 plus a ten percent (10%) contingency for unanticipated work required in Park District 4, and $222,252.00 plus a ten percent (14%) contingency for unanticipated work required in Park District A." 3. Section 4, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on July 1, 2011 and terminate on June 30, 2013, unless terminated earlier in accordance with Section 13, below. The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to three additional one- year terms on the mutual agreement of the parties. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: 11,41 ar. r MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA 1 PAUL M WALTERS Interim City Manager APPROVED AS TO FORM: SONIA CARVALHO City Attorney By: r\ c? t Laura Sheedy Assistant City Attorney MIDORI GARDENS EXHIBIT C FEE PROPOSAL PARK MAINTENANCE SERVICES DISTRICT 4 AND DISTRICT A N Y N Y T l Y f? 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CERTIFICATE OF LIABILITY INSURANCE 6/6/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certiffeate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and condMons of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in fieu of such endorsement(s). PRODUCER WNrA-r Mary Amir4 NAME, James G Parker Insurance Associates I E . (661)287-1708 FAX (Ar- Koh (661) 254-5875 License #0554959 mamiri@jgparker.com O*AIL ADDRESS 27200 Tourney Rd #350 tNSU 8 AFFORDING COVERAGE NAIC 0 Valencia CA 91355 INSURBRA Onaut Great Central 19860 INSURED [? ? , S71 an INSURERB:Praetorian Insurance C 37257 Midori Gardens, Inc. , Y , `? ? INSURER C:Williamsbur National Insurance 5780 Midori Landscape, Inc. INSURER D : 3231 Main Street INSURERS: Santa Ana CA 92707 MURERF: r•_nv=oeracQ cFRTIFICeTF NUMRFR:12-13 G/L, auto S W/C REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7R TYPE OF INSURANCE POLICY NUMSER POLICY EFF POLICY E)<P LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE To RMTF-E-b- s cmirrencel $ 300,000 A CLAIMS-MADE © OCCUR LAN202007000 /1/2012 /1/2013 MED DP An are aeon $ 5,000 PERSONAL & ADV INJURY $ 1,000 000 GENERAL AGGREGATE $ 2,000,000 G£MPL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 1,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY CONAMSINED SINGLE LIMIT (Ea en 3 1,000,000 X ANYAUTO BODILY INJURY (Per parson) $ H OWNED AUTOS X SCHEDULED 010001963 /1/2012 /1/2013 BODILYINJURY (Per wddeM) $ X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per MWart) $ , r Undwha red matortst $ 11000,000 UMBRIK LL A LIAR S OCC / EACH OCCURRENCE $ EXCESS LJAB CLAIMS -MADE AGGREGATE $ DED R r $ (, WORKERS COMPENSATION ' M 11 it! ,M OTH- X A?FATU AND EMPLOYERS LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVEQ E.LEACH ACCIDENT S 11000,000 OFFICERIMEMB EXCLtJDED9 (MendafryinNH) NIA 069311200 6/1/2012 /1/2013 E.LDISEASE -EA EMPLOYEE $ 1,000,000 Ryes de-fl, under DE9GtRIPTION O OPERATIONS betoa E.L. DISEASE - POLICY LIMIT $ 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarow Schedule, It more apace Is re*drem RE: All operations of named insured for the City of Santa Ana. The certificate holder along with its officers, agents and employees are named additional insureds in regards to the general liability policy as per attached endorsement 8CG20100704, 30-day notice of cancellation is included as per attached endorsement $IL02700908 This certificate replaces the certificate issued on 6/4/2012. (714)571-4211 scuevas@santa-ana-Org City of Santa Ana Parks, Recreation & Community Services Agency Attn: Silvia Cuevas 20 Civic Center Plaza Santa Ana, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE James Parker III/bORY ACORD 25 (2010105) ®1888-2010 ACORD CORPORATION. All rights reserved. INS025(2omoos)m The ACORD name and logo are registered marks of ACORD POUCY NUMBER: LAN2020070-00 COMMERCM (1ENERAL LIABILITY CG 2010 07 04 THIS ENDORSEIKENT CHANGES THE POLICY. PLEASE READ lT CAREFULLY. E ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. L IABiL.1TY COVERAGE PART SCMULE Kama Of Aciditfcnai Insured Persons) or O s : Laxilon(s) Of Covered O ons Nerve of Person or Ommbz#i Anypsrmn or orgm*atlan Whit r ftm you agttesdr Lggdm; Bhuftf w nequbvd by ndflen conbwt becsuw of a pwttt m oaf tarrli w Agr=Wfi Or psnnk is = trraemd &aft as poftpedbd as ended on to AMY dbchmdk= 1W This Insurance is access over any other kwiranae naming the addilional Insured as an Insured whether primary, excess. oonfingent or on any CITY OF SANTA ANA, ITS OFFICERS, AGENTS other bas* unless a written contract or wrlden AND EMPLOYEES agreement specifically requires thed ft Insumm be of m primary or non-contifbtding . TMs Insurance applies as respects any cWm, foss ti f f th t ft dl e opera ons o V ou o y a or DWMy allege the named insured, provided however that this insurance will not apply to any claim, loss or kbRy which is determined to be solely the result of ft additional Insureds neglWme or solely the additional tnsured's respons2 tty. A Section U - Who Is An bv3 red Is amended to Include as an addttlonal Insured the person(s) or organbmffion(s) shown In the Schedule, but only wfth respect to BabfDly for "bodDy Injaryr', "properly dsmaW or 'personal and adverdshtg frtjury" caused. In whale or In part, by. 1. Your saw or ornhwons; or L The acts or omissions of those aoitng on your behalf: In the performance of your ongoing opssaMons for the addhional Insured(s) at the loc pFfln (s) des?g- nafed above. 0. Vft respw to ft Insurance affm4W to than aditmmW Irm areds, the iollovAng additional ex&- sbne apply: This Insurance does not apply to U* injtny" or Vopert)1 darnage° ooaturfng after: 1. All work, Including materials, parts or equfp- mo t furnished In oonnecdon with such work, on the project (other than senft% malnlenance or repairs) to be performed by or on behalf of the additional insured(s) at the k=tbn of the covered operations has been c ompleiad; or CO 2010 07 04 ® ISO Properties, [no, 2004 Page t of 2 13 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 opera*ns for a principal as a part of the same project Pape 2 of 2 0 ISO Properties, Inc,, 2004 CO 2010 07 04 0 IL 02 70 09 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com- 3. All Policles In Effect For More Than 60 Days mon Policy Condition are replaced by the follow- a. If this policy has been in effect for more ing: than 60 days, or is a renewal of a policy we 2. All Policles In Effect For 60 Days Or Less issued, we may cancel this policy only upon If this policy has been in effect for 60 days or the occurrence, after the effective date of of one or more of the following: the policy less, and is not a renewal of a policy we have , previously issued, we may cancel this policy by (1) Nonpayment of premium, including mailing or delivering to the first Named Insured payment due on a prior policy we issued at the mailing address shown In the policy and and due during the current policy term to the producer of record, advance written no- covering the same risks. lice of cancellation, stating the reason for can- (2) Discovery of fraud or material misrepre- cellation, at least: sentation by: a. 10 days before the effective date of cancel- (a) Any insured or his or her representa- tation if we cancel for: Live in obtaining this Insurance; or (1) Nonpayment of premium; or (b) You or your representative in pursu- (2) Discovery of fraud by: Ing a claim under this policy. (a) Any insured or his or her representa- (3) A judgment by a court or an administra- tive in obtaining this insurance; or ttve tribunal that you have violated a (b) You or your representative in pursu- California. or Federal law, having as one of Its necessary elements an act which ing a claim under this policy. materially increases any of the risks in- b. 30 days before the effective date of cancel- Ys sated against. lation if we cancel for any other reason. IL 02 70 09 08 0 ISO Properties, Inc., 2007 Page 1 of 4 CI (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your repre- sentative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control re- quirements, agreed to by you as a con- dition of policy issuance, or which were conditions precedent to our use of a par- ticular rate or rating plan, if that failure materially increases any of the risks in- sured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsur- ance covering all or part of the risk would threaten our financial Integrity or solvency, or (b) Continuation of the policy coverage would: (1) Place us in violation of California law or the laws of the state where we are domiciled; or (11) Threaten our solvency. (7) A change by you or your representative in the activities or property of the com- mercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, in- creased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the !effective date of cancellation if we cancel for nonpay- ment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation If we cancel for any other reason listed In Paragraph 3.a. 8. The following provision is added to the Cancella- tlon Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which Is used predominantly for resi- dential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a resi- dential unit, If such coverage Is written under one of the following: Commercial Property Coverage Part Farm Coverage Part - Farm Property - Farm Dwellings, Appurtenant Structures And House- hold Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of cover- age we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely be- cause the first Named Insured has: (1) Accepted an offer of earthquake cover- age; or (2) Cancelled or did not renew a policy issued by the California Earthquake Au- thority (CEA) that included an earth- quake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that in- cludes an earthquake policy premium sur- charge but fails to pay the earthquake poli- cy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This Restriction (c.) applies only If coverage is subject to one of the fol- lowing, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part - Causes Of Loss - Special Form; or (3) Farm Coverage Part - Causes Of Loss Form - Farm Property, Paragraph D. Covered Causes Of Loss - Special. Page 2 of 4 0 ISO Properties, Inc., 2007 IL 02 70 09 08 13 C. The following is added and supersedes any provi- (2) The Commissioner of Insurance finds sions to the contrary: that the exposure to potential losses will NONRENEWAL threaten our solvency or place us in a 1. Subject to the provisions of Paragraphs C.2. hazardous condition. A hazardous con- but is not limited to, a dition Includes and C.3. below, If we elect ?ot to renew this , condition in which we make claims policy, we will mail or deliver written notice stat- payments for losses resulting from an ing the reason for nonrenewal to the first earthquake that occurred within the pre- Named Insured shown in the Declarations and ceding two years and that required a re- to the producer of record, at least 60 days, but duction in policyholder surplus of at not more than 120 days, before the expiration least 25% for payment of those claims; or anniversary date. or We will mail or deliver our notice to the first (3) We have: Named Insured, and to the producer of record, (a} Lost or experienced a substantial at the mailing address shown in the policy. reduction in the availability or scope Reslderrtlal 2. Property of reinsurance coverage; or This provision applies to coverage on real (b) Experienced a substantial Increase property used predominantly for residential in the premium charged for reinsur- purposes and consisting of not more than four ance coverage of our residential dwelling units, and to coverage on tenants' property insurance policies; and household property contained in a residential if such coverage is written under one of unit the Commissioner has approved a plan , the following: the nonrenewals that is fair and equi- for and that is responsive t the table, Capital Assets Program Output Policy) Cover- ( Y) changes in our reinsurance position. age Part Commercial Property Coverage Part c. We will not refuse to renew such coverage solely because the first Named Insured has Farm Coverage Part - Farm Property - Farm cancelled or did not renew a policy, Issued Dwellings, Appurtenant Structures And House- by the California Earthquake Authority that hold Personal Property Coverage Form included an earthquake policy premium a. We may elect not to renew such coverage surcharge. for any reason, except as provided In b., c. d. We will not refuse to renew such coverage and d. below: solely because corrosive soil conditions ex- b. We will not refuse to renew such coverage ist on the premises. This Restriction (d.) solely because the first Named Insured has applies only K coverage is subject to one of accepted an offer of earthquake coverage. the following, which exclude loss or dam- However the following applies only to in- age caused by or resulting from corrosive , surers who are associate participating in- soil conditions: surers as established by Cal. Ins. Code (1) Capital Assets Program Coverage Form Section 10089.16. We m y elect not to re- (Output Policy); new such coverage afte, the first Named (2) Commercial Property Coverage Part - Insured has accepted an offer of earth- Causes Of Loss - Special Form; or quake coverage, if one of more of the fol- (3) Farm Coverage Part - Causes Of Loss [owing reasons applies: Form - Farm Property, Paragraph D. The nonrenewal is based on sound (1) Covered Causes Of Loss - Special. underwriting principles that relate to the coverages provided by this policy and 3. We are not required to send notice of nonre- that are consistent with the approved newal in the following situations: rating plan and related documents filed a. If the transfer or renewal of a policy, without with the Department of Insurance as re- any changes in terms, conditions, or rates, quired by existing law; Is between us and a member of our Insur- ance group. IL 02 70 09 08 © ISO Properties, Inc., 2007 Page 3 of 4 ? b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, In writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and you are notified at the time of Issuance that It will not be renewed. e. If the first Named Insured requests a change In the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the timeframes shown in Paragraph C.i., to re- new the policy under changed terms or conditions or at an Increased premium rate, when the increase exceeds 25%. Page 4 of 4 m ISO Properties, Inc., 2007 IL 02 70 09 08 ? • AGMT NO. 2012-112 - With DMS Facility Services, LLC for a 19- month amendment, to provide park landscape maintenance services in District 2, in an amount not to exceed $576,332, and approve a 10% contingency for unanticipated work for a total amount not to exceed $633,965; • AGMT NO. 2012-113 - With Vista Del Verde to execute one-year agreement to provide park landscape maintenance services in District 3, in an annual amount not to exceed $508,164 and approve a 10% contingency for unanticipated work for a total annual amount not to exceed $558,980; • AGMT NO. 2012-114 - With Nori,Lsnctstape, Inc. to execute a one- year amendment to provide park landscape maintenance services in District 4 and District A, in an annual amount not to exceed $931,608 and approve a 14% contingency for unanticipated work for a total annual amount not to exceed $1,062,544 25J MEMORANDUMS OF UNDERSTANDING WITH WORKFORCE INVESTMENT ACT MANDATED PARTNERS - Community Development Agency ¦ AGMT NO Center; ¦ AGMT NO County; ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. ¦ AGMT NO. 2012-115 - Asian American Senior Citizens Service 2012-116 - Community Action Partnership of Orange 2012-117 - Employment Development Department; 2012-118 - Goodwill Industries of Orange County; 2012-119 - Rancho Santiago Community College District; 2012-120 - Santa Ana Housing Authority; 2012-121 - Santa Ana WORK Center/City of Santa Ana; 2012-122 - Santa Ana Unified School District ; 2012-123 - Southern California Indian Center; 2012-124 - State Department of Rehabilitation 25K YOUTH PROGRAM OPERATOR AGREEMENTS PROGRAM YEAR 2012-13 - Community Development Agency 1. Authorize the City Manager and Clerk of the Council With the following Youth Program Operators Program Year 2012-13 for a total of $991,795 for the period of July 1, 2012 through June 30, 2013: ¦ AGMT NO. 2012-125 - With Orange County Children's Therapeutic Arts Center to provide tutoring, work experience, occupational skills training, job preparation, supportive services, mentoring, and CITY COUNCIL MINUTES 14 JUNE 4, 2012 CERTIFIC/ TE OF LIABILITY INSURANCE 6/DATE 6/201D2 m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A sb tement on this certificate does not confer rights to the certificate holder In Hsu of such endorsement(s). PRODUCER NwNTACT Mary Amir4 AME: James G Parker Insurance Associates (661)287-1708 PAX, . (661)254.5875 "tic License #0554959 .mamiri@ kaar.com 27200 Tourney Rd #350 INSU S AFFORDING COVERAGE NAIC0 Valencia CA 91355 INSURRRA onaut Great Central 19860 panny 7257 INSURED INSU R :Praetorian Insurance Ca Midori Gardens, Inc. wsuRERc.Williamabur National Insurance 5780 Midori Landscape, Inc. INSURER D: 3231 Main Street 1 URER : Santa Ana CA 92707 INSURER r_nvls RALnFS CERTIFICATE NUMBM-12-13 G/L, auto S W/C REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER AM PO CY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIIILGENERALuABILnY -DAMAGE TO RERTO $ 300,000 A CLNM8 MADE © OCCUR LAN202007000 /1/2012 /1/2013 MED EXP (Any are person) $ 5,000 PERSONAL &ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 OFJWL AGGREGATE LIAR APPLIES PER: PRODUCTS - COMP/OP AGO S 1,000,000 X POLICY LOC S AUTOMOBILE LIABILITY D SINGLE LIMIT INIE W.) 11000,000 S X ANY AUTO BODILYINJURY (Per pmon) $ H AALOOSWNNEO X SCHEDULED AUTOS CAH010001963 /112012 /1/2013 BODILY INJURY (Per aoddem) S X HIRED AUTOS X AUI08ED PR DAMAGE (Per gggtM $ ''> Underinsured motarmt $ 1 00 00 UMBRELLA LJAB OCCUR J EACH OCCURRENCE $ EXCESS LIAe CLAIMS-MADE r AGGREGATE $ D R (/ $ C WORKERS COMPENSATION X WIC ATU- 10TH- AND E((PLOYEW LIABILITY ANY PROPRIETORJPAATNEREXECITIVE a " EL EACH ACCIDENT S 11000,000 OFFICERA(EUBER E(CLUDED? (Mandatory in NH) NIA 069311200 6/1/2012 11/2013 E.L DISEASE - EA EMPLOYEE $ 11000,000 M desalt under DESCRIPTION OF OPERATIONS below E.L DISEASE - POLICY LIMB S 11000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atlaah ACORD 101, Addldonal Remarks SaMdule, C Aare apace Is regidr&M RE: All operations of named inan=ed for the City of Santa Ana. The certificate holder along with its officers, agents and employees are named additional insureds in regards to the general liability policy as per attached endorsement #CG20100704, 30-day notice of cancellation is included as per attached endorsement OIL02700908 This certificate replaces the certificate issuers on 6/4/2012. (714)571-4211 scuevas@santa-ana-org City of Santa Ana Parks, Recreation S Community Services Agency Attn: Silvia Cuevas 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2010108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Parker III/bMRY ®1988-2010 ACORD CORPORATION. All rights reserved. (NS025(2moos m The ACORD name and logo are registered marks of ACORD POLICY NUMBER: LAN2020070-00 COMMERM& CIEIVIlWI. LWWJTY 00 20 10 07 04 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endor$sment modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Man (X Addfffonuci Insured Parser(s) Or O b0lon s : LowM*s) of Covered Operations Name of Pgrean ar Oroanbution• ,?g? Anyps?sotr or o1 011 wffh wftm You ,.,.,,?e,/r BARnlaat ae nsqu in d by wd#on vont/W betautse of a wnittan Oftn 49 ?t or pwm4 Is an l WAW &Vft the AaftY P go seabed on thepoft darts P8906 This hisruenc;e is exasss over any other hnsinnue . nandng the additional messed as an insured whether primary, @7ccea8, contingent or on any CITY OF SANTA ANA, ITS OFFICERS, AGENTS other basis, unim a written corctraot or wrftn AND EMPLOYEES gg, Wdspealiloany requlrea that tE a insunnauroe be &Vwr primary or non-oorrhltn ft . This hnecuanas applies as respects amt olatm. low f dt f th i e open ons o ng out o or liability degec?f ars the named insured, provided however that this insurance will not apply to any daim, loss or k0ty which Is determined to be solely the result of the additional husurses negllgen ce or solely the addttbnal Ineured's respone bfllly. A Seollm 0 - Who to An ins red Is amended to include as an addit(onal insured the person(s) or organfzataon(s) shoran in the Schedule, but only with respeat to liability for lxxMy hnjuW, -properly damage- or 'personal and advertising hnjuny" caused, In whole or in part by: 1. Your acts or ornlaWans; or 2 The ads or omisslarm of those aching on your behalf: In the performance of your ongoing operations for the dal hcsured(s) ad the boallon(s) deslg- nated above. 0. With reaped to the Insurance afforded bo these mWon fronds, the following addNtonal exotu- aions apply: This Insurance doss not apply to todly injury" or 'property damage- occurring after: 1. All work, Including materials. parts or equip- ment furnished In comedian with such work, on the project (other than service, maintenance or repetrs) to be performed by or on behalf of the additional inmovd(s) at the location of the covered operations has been completed; or CO 2010 07 04 0 ISO Properties, [no, 2004 Paget of 2 ? 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 projeot? Page 2 of 2 0 ISO Properties, Inc., 2004 00 2010 0704 0 IL 02700908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Corn- 3. All Policies In Effect For More Than 60 Days mon Policy Condition are replaced by the follow- a. If this policy has been in effect for more Ing: than 60 days, or is a renewal of a policy we 2. All Policies In Effect For 60 Days Or Less Issued, we may cancel this policy only upon If this policy has been In effect for 60 days or the occurrence, after the effective date of of one or more of the following: the policy less, and Is not a renewal of a policy we have , previously issued, we may cancel this policy by (1) Nonpayment of premium, including malling or delivering to the first Named Insured payment due on a prior policy we Issued at the mailing address shown In the policy and and due during the current policy term to the producer of record, advance written no- covering the same risks. dce of cancellation, stating the reason for can- (2) Discovery of fraud or material misrepre- cellation, at least: sentation by: a. 10 days before the effecti±,re date of cancel- (a) Any insured or his or her representa- lation if we cancel for: five in obtaining this insurance; or (1) Nonpayment of premium; or (b) You or your representative In pursu- (2) Discovery of fraud by:: ing a claim under this policy. (a) Any Insured or his or her representa- (3) A Judgment by a court or an administra- tive In obtaining this Insurance; or five tribunal that you have violated a (b) You or your representative in pursu- California or Federal law, having as one of its necessary elements an act which Ing a claim under this policy. materially increases any of the risks in- b. 30 days before the effective date of cancel- sured against. lation if we cancel for any other reason. IL 02 70 09 08 0 ISO Properties, Inc., 2007 Page 1 of 4 ? (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your repre- sentative, which materially Increase any of the risks insured against. (5) Failure by you or your, representative to implement reasonable: loss control re- quirements, agreed to by you as a con- dition of policy issuance, or which were conditions precedent to our use of a par- ticular rate or rating plan, if that failure materially increases any of the risks in- sured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsur- ance covering all or part of the risk would threaten our financial Integrity or solvency; or (b) Continuation of the policy coverage would: (1) Place us in violation of California law or the laws of the state where we are domiciled; or (11) Threaten our solvency. (7) A change by you or your representative in the activities or property of the com- mercial or Industrial enterprise, which results in a materially added, increased or changed risk, unless the added, in- creased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the !effective date of cancellation if we cancel for nonpay- ment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a. B. The following provision Is added to the Cancella- tion Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which Is used predominantly for resi- dential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a resi- dential unit, If such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part -- Farm Property - Farm Dwellings, Appurtenant Structures And House- hold Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of cover- age we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely be- cause the first Named Insured has: (1) Accepted an offer of earthquake cover- age; or (2) Cancelled or did not renew a policy issued by the California Earthquake Au- thority (CEA) that Included an earth- quake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that in- cludes an earthquake policy premium sur- charge but fails to pay the earthquake poli- cy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises. This Restriction (c.) applies only 0 coverage is subject to one of the fol- lowing, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Capital Assets Program Coverage Form (Output Policy); (2) Commercial Property Coverage Part - Causes Of Loss - Special Form; or (3) Farm Coverage Part - Causes Of Loss Form - Farm Property, Paragraph D. Covered Causes Of Loss - Special. Page 2 of 4 0 ISO Properties, Inc., 2007 IL 02 70 09 08 ? C. The following is added and supersedes any provi- (2) The Commissioner of Insurance finds slons to the contrary: that the exposure to potential losses will NONRENIEWAL threaten our solvency or place us in a 2 rovisions of? Paragraphs C ect to the Sub t hazardous condition. A hazardous con- but Is not limited to a i l d diti . . p j . and C.3. below, if we elect hot to renew this , nc u es, on condition in which we make claims policy, we will mall or deliver written notice stet- payments for losses resulting from an Ing the reason for nonrenewal to the first earthquake that occurred within the pre- Named Insured shown in the Declarations and ceding two years and that required a ve- to the producer of record, at least 60 days, but duction in policyholder surplus of at not more than 120 days, before the expiration least 25% for payment of those claims; or anniversary date. or We will mail or deliver our notice to the first (3) We have: Named Insured, and to the producer of record, (a) Lost or experienced a substantial at the mailing address shown In the policy. reduction in the availability or scope 2. Residential Property of reinsurance coverage; or This provision applies to coverage on real (b) Experienced a substantial Increase property used predominantly for residential in the premium charged for reinsur- purposes and consisting of not more.than four ance coverage of our residential dwelling units, and to coverage on tenants' property Insurance policies; and household property contained in a residential If such coverage is written under one of unit the Commissioner has approved a plan , the following: for the nonrenewals that is fair and equi- table, and that is responsive t the Capital Assets Program Policy) Cover- (Output Y) changes in our reinsurance position n. age Part c- We will not refuse to renew such coverage Commercial Property Coverage Part solely because the first Named Insured has Part - Farm Pro Farm Farm Coverage party - cancelled or did not renew a policy, issued Dwellings, Appurtenant Structures And House- by the California Earthquake Authority that hold Personal Property Coverage Form included an earthquake policy premium a. We may elect not to renew such coverage surcharge. for any reason, except as provided In b., c. d. We will not refuse to renew such coverage and d. below: solely because corrosive soil conditions ex- b. We will not refuse to renew such coverage ist on the premises. This Restriction (d.) solely because the first Named Insured has applies only If coverage Is subject to one of accepted an offer of earthquake coverage. the following, which exclude loss or dam- the following applies only to in- However age caused by or resulting from corrosive , surers who are associate participating in- soil conditions: surers as established by Cal. Ins. Code (1) Capital Assets Program Coverage Form Section 10089.16. We m *y elect not to re- (Output Policy); new such coverage aftee the first Named (2) Commercial Property Coverage Part - Insured has accepted an offer of earth- Causes Of Loss - Special Form; or quake coverage, if one o? more of the fol- reasons applies: lowing (3) Farm Coverage Part -Causes Of Loss Form - Farm Property, Paragraph D. (1) The nonrenewal is based on sound Covered Causes Of Loss - Special. underwriting principles that relate to the coverages provided by this policy and 3. We are not required to send notice of nonre- that are consistent with the approved newel In the fallowing situations: rating plan and related documents filed a. If the transfer or renewal of a policy, without with the Department of Insurance as re- any changes in terms, conditions, or rates, quired by existing law; is between us and a member of our Insur- ance group. IL 02 70 09 08 0 ISO Properties, Inc., 2007 Page 3 of 4 13 b. If the policy has been extended for 90 days or less, provided that notice has been given In accordance with Paragraph C.I. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy Is for a period of no more than 60 days and you are notified at the time of issuance that It will not be renewed. e. If the first Named Insured requests a change In the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, In accordance with the timeframes shown in Paragraph CA., to re- new the policy under changed terms or conditions or at an Increased premium rate, when the Increase exceeds 25%. Page 4 of 4 0 180 Properties, Inc., 2007 IL 02 70 09 08 ? Y Bond No.: CSB0008954 Premium: $12,094.00 A1A DOCUMENT A312TM -2010 PAYMENT BOND Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name, legal status and address): Midori Gardens, Inc. 3231 S. Main St., Santa Ana, CA 92707 OWNER (Name, legal status and address): City of Santa Ana 20 Civic Center Plaza, Santa Ana CA 92701 SURETY (Name, legal status and principal place of business): Contractors Bonding and Insurance Company 111 Pacifica, Suite 350, Irvine, CA 92618 CONSTRUCTION CONTRACT Date: June 4, 2012 Amount: One Million Sixty Two Thousand Five Hundred Forty Four Dollars and XX/100s ($1,062,544.00) Description (Name and location): Agreement A-2011-151 Park Landscape Maintenance Services BOND Date (Not earlier than Construction Contract Date): June 12, 2012 Amount: Five Hundred Thirty One Thousand Two Hundred Seventy Two Dollars and XX/100s ($531,272.00) Modifications to this Bond: xi None L] See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Midori Gardens, Inc. ?ll Contractors Bonding and Insurance Company Signature: _ Name and Title: Signature: Attorney-in-Fact Name: atthew J. Coats (Any additional3r?res app&ar on the last page of this Payment Bond) (FOR INFORMATION ONLY- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): The language in this document conforms to the language used in AIA Document A312 - 2010. Form 15-02-0574 FED (rev. 7-10) 1 1 the Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section 5. 1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing the Claimant. The language in this document conforms to the language used in A/A Document A312 -- 2010. Form 15-02-0574 FED (rev. 7-10) 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. The language in this document conforms to the language used in A!A Document A312-- 2010. Form 15-02-0574 FED (rev. 7-10) 16 bEFINITIONS 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant, .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and, .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. 16.2 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials, or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas power, light, heat, oil gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 16.3 Construction Contract: The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. 16.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Printed in cooperation with the American Institute of Architects (AIA) by the Chubb Group of Insurance Companies. The language in this document conforms to the language used in AIA Document A312 -- 2010. Form 15-02-0574 FED (rev. 7-10) 4 18 M0 1FICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTORS AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seag Signature: Name and Title: Address: Signature: Name and Title: Address: The language in this document conforms to the language used in A!A Document A312 -- 2010. Form 15-02-0574 FED (rev. 7-10) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On JUN 12 2012 before me, Adelaide C. Hunter, Notary Public (insert name and title of the officer) personally appeared Matthew J. Coats who proved to me on the basis of satisfactory evidence to be the pcrsonH whose name-H is/are subscribed to the within instrument and acknowledged to me that hefsheAhey executed the same in his wrfthnir authorized capacity(ies), and that by hiw%erftiwir signature( on the instrument the person(s), or the entity upon behalf ofwhich the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ADELAIDE C. HUNTER T. Commission # 1808793 Z Notary Public -California = 2 `,•a v A Orange County Signature My Comm. Expires Aug 8. 2012 Contractors Bonding and Insurance Company 1213 Valley Street P.O. Box 9271 ?n aU compny Seattle, WA 98109-0271 Know All Men by These Presents: POWER OF ATTORNEY Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Contractors Bonding and Insurance Company, a Washington corporation, does hereby make, constitute and appoint: Douglas A. Rapp Timothy D Rapn Linda D Coats Matthew J Coats, jointly or severally in the City of Laguna Hills , State of California its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The Contractors Bonding and Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of Contractors Bonding and Insurance Company, and now in force to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, the Contractors Bonding and Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 22nd day of June , 2011 State of Washington SS County of King AND Oq,r°? ss CO VP oP? ,, • m ?o= SEAL ? `= 3, °° •• 1979 On this 22nd day of June 2011 before me, a Notary Public, personally appeared Roy C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Joseph B. uller Notary Public Contractors Bonding and Insurance Company Roy C. Die x Vice President CERTIFICATE I, the undersigned officer of Contractors Bonding and Insurance Company, a stock corporation of the State of Washington, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the Contractors Bonding and Insurance Company this /p2_,4-, day of 3vv% , 0701a Contractors Bonding and Insurance Company Notary Public ...,.w_ State of Washington Roy C. Die Vice President JOSEPH B. MULLER MY COMMISSION EXPIRES March 29, 2012 0475404032912 A0059511