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CONTRACT 4018 Other CLOSEDCity -of El Segundo Residential Sound Insulation Program Contract Number 4018 NW Residential Sound Insulation Program Contract between The City of El Segundo and Big West Construction Corporation This Contract is entered into this 41h day of November, 2009, by and between the City of El Segundo, a general law city and municipal corporation ("City") and Big West Construction Corporation ("Contractor"). 1. Work A. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; B. The Contractor must 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 install all products and provide all services required of the Contractor by the Contract Documents (the "Work"). C. The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. D. "Contract Documents" means the Notice Inviting Sealed Bids; Instructions to Bidders; the accepted Bidding Documents; this Contract; Specifications; Plans; Addenda; Notice of Award; Notice to Proceed; Requests for Information; Requests for Change Orders; 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 Seven hundred and twenty-five thousand, six hundred and ninety-nine dollars ($725,699) 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 in accordance with the Construction Schedule (the "Contract Time"). KJ1 UV-1 y �Uroup .3 a) City of El Segundo Residential Sound Insulation Program Contract Number 4018 B. City may, but is not required to, allow time extensions or alterations to the Construction Schedule if Contractor causes a delay in City issuing a Notice to Proceed. C. The Construction Schedule will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. D. The Contractor must not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a Notice to Proceed. E. 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. F. 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. Taxpayer Identification Number The Contractor will provide the City with a Taxpayer Identification Number. 6. 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. 7. 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. 8. Indemnification The Contractor agrees to indemnify 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 2 R51 09-19 ((jroup 3 ts) City of El Segundo AF Residential Sound Insulation Program Contract Number 4018 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. 9. 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. 10. 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. 11. 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: City RSI Program City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 Contractor Big West Construction Corporation 2691 Richter Avenue #123 Irvine, California 92606 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 who notices are to be given by giving notice in the manner prescribed in this paragraph. 3 Kaa oy-IV kuroup -10) City of El Segundo Residential Sound Insulation Program Contract Number 4018 12. NO THIRD PARTY BENEFICIARY This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 13. 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 Los Angeles County. 14. 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. Precedence of documents as determined in the Conditions of the Contract. 15. 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. 16. 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. 17. 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. 4 "I VV-IY kuroup Do) City of El Segundo Residential Sound Insulation Program Contract Number 4018 18. 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. 19. CAPTIONS The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 20. Time is of Essence Time is of the essence for each and every provision of the Contract Documents. [Signatures on next page] R51 ug-19 (croup .5 zs) City of El Segundo Residential Sound Insulation Program Contract Number 4u I ZS IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. Citv: Contractor: Attest: By: L' Cindy SM�esen City Clerk APPROVED MARK D. IT By: Gyv Karl H. Berger, Assistant City / ATTORNEY By: E Thomas R. Carr Vice President Taxpayer ID Number: 3 8- 34 4 4 — S9 2 State License Number: 812085 City Business License Number: 2 q 29 2- 6 RSI 09-19 ((jroup J6) 40'18 . , , City of El Segundo Residential Sound Insulation LABOR AND MATERIALS BOND Bond No. 2081252 Bond Fee: IS INCLUDED IN PERFORMANCE BOND BIG WEST CONSTRUCTION CORPORATION , as principal ("PRINCIPAL") and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , a corporation incorporated under the laws of the State of NEW HAMPSHIRE 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 SEVEN HUNDRED TWENTY FIVE THOUSAND dollars ($ 725,699.00 SIX HUNDRED NINETY NINE AND 001100 (words) 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. 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 the Contract Documents for Group 38 (RSI o9 -19 of the City of El Segundo's Residential Sound Insulation_ Program_ . ("PROJECT") and Contract 4018 executed for such Project, and for all work or labor of any kind performed for the 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 PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 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 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 El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or Labor and Materials Bond 1 Last Modified: April 22, 2009 40 8., ,. 6. City of El Segundo Residential Sound Insulation modification of the Contract Documents, 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. This bond consists of this instrument; the Contract Documents 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 § 995.640 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. 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 6TH day of _ NOVEMBER , 20 o9 . BIG T CONSTRUCTION CORPOR TION PRIN A President PRINCIPAL's Secretary NOTE: ALL signatures must be acknowledged by PRINCIPAL's Mailing Address '2C.e01 �i��-�Pr�> U6tklz3 �2/eUC� NORTH AMERICAN SPECIALTY INSURANCE COMPANY SURETY's Mailing Address 701 S. PARKER ST., STE. 3800 ORANGE, CA 92868 Labor and Materials Bond 2 Last Modified: April 22, 2009 JLLICK, -IN-FACT Certificate Pureu"t to 995.640(a) Code of Civil prftddUrg 1, DF,41q c. I OGA I Of t — , County Clerk of the County Dt State ofCafifornia, in and for said County J/ Y C R1111Y 7 .AT /1140/cot Me a c.et ltrtc Of Insur�nc e,�r�n ;�. 4r � airvt� +,4� s s ta�tia the Stall- of ,.v try +ur7nce in / Insurance V ��r x iC "r j v 2 t r rV i' i"tat"Grient of Vt .,t� ��rWrj` r�,L: �"..t.trtd;Et:�w.et4Cd, revoked, cnled, annuDl� o, or sus. ate,: u , V "" ) �"" ..M;` { JF+fit €? J i � i:�+va �7t f 'Lin l wvi rri said County ort spaf=` d the seal of f. T. YATES / n 'i n 4u 1 0 . ACKNOWLEDGMENT State of California County of 6- Al o g'e- } SS. On /�6,ut4" IVA -2�POZ before Notary Public, personally appeared e,nrn� who proved to me on the basis of satisfactory evidence to be the personfs) whose name(&) is/arm subscribed to the within instrument and acknowledged to me that He/she/th" executed the same in hWher/theif authorized capacity(ios), and that by hWher/their signatures(s) on the instrument the per'so*), 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. Signatu Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language YOUNG SUK KIM N Comm. # 1751626 'n NOTARY PUBLIC -CALIFORNIA N ORANGE COUNTY MY COMM. EXP. JUNE 18, 2011 OPTIONAL INFORMATION 1/111 1-ep`' / Thumbprint of Signer Type of Satisfactory Evidence: Personally Known with Paper Identification _ Paper Identification Credible Witness(es) r N`A Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: �( Check here if no thumbprint or fingerprint is available. if1Y �! �?:ii l�' �`l�at eery :-',?h 3s<41 �t�•• i+1C:. ,� 3�. � !?�u �'4,ji; s�teFd ;�ii �t �t'i�-,<� - -. �'t':Y FT V SC i > i.•> .•.•.•4 .•,c�S,?�5.•.•ilAW .•.•s]S,�Ss•,�av?a>,TS.TS.�ay...?q.5)t.•,r�S,z�4,.�. s�S,.�Ss>...�>,.�>,.wa�>,..�;,c]>sws�S,: �>'s�>s�>',? State of California ss. County of On ��, ,O�l before me, &CISA lfl C CAR p Name and Titl Officer (e.g., "Jane Doe, Notary Public") personally appearedL`--�r� Name(s) of Signer(s) RpRyN J. CARR-EtEI Co1R tloh 1763724 1CMW Aln 1 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. W ESS my hand and fficial seal. Place Notary Seal Above Signa r of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docurnent Title or Type of Document:, Document Date: VWk. Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .. of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER _v.Y�:il:'%%:%%L'%_✓/.�✓�✓4�✓:�✓i�ll:�✓6�5�✓=�'�6�i.✓iYL�% 0 20049350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313-2402 Item No 907 Reorder: Call Toll -Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of Orange ) On November 6, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yun T Mullicic who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged to me that he/gkoeftft executed the same in hisbbedll vir authorized capacity(i*, and that by hishmexhtkak signature(&) on the instrument the person(*), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. IV Signature V CHRISTINE T. H=;' COMM. * 18279M A r NOTARY PUBIic'WORNIA X ORANGE COUNTY MY Cam B*V 0EC23, 2012 (Seal) 40 8. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JENNIFER C. GIBONEY, JAMES W. MOILANEN, YUNG T. MULLICK, CHRISTINE T. HOANG and P. AUSTIN NEFF JOINTLY OR SLVL•RALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION (S25,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." N,�\iNUillUbryly siauaainx��, a�GrALITYp��ih4� /� t\ONqk opPok;tAG s B4! papOn�-aG ?• aSCJtI ggg= titsen P. Anderson, Preeklent & Chief E:emdve Officer of Washington International Insurance Company SEAL 1073 a4 0 & Senior vice Peeoldent of North American Specialty inaran" Canpany { 7ji 1 yO s `y, WHO Uaild M. Lm• man, Senior Vice President of Washington International Inarance Company & Vice President of North American Specialty Inarance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 20th day -of February 2009 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 20th day of February 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their resoective companies. "OFF14CIAI. SS .w DONNA D. SKLLBNS Notary Public, Shoe of IDDiatlia Roy Commission Expifea 10/"11 Donna D. Sklens, Notary Public I, James A. Camenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6TH day of NOVEMBER 20 09 . James A. Carpenter, Vice President & Assistant Secretary of Washington International Insumnce Corrpany & Nash American Specialty Insurance Company 40 '8 ,. BOND PREMIUM IS SUBJECT TO CHANGE BASED ON FINAL CONTRACT PRICE ,gg1Sftk City of El Segundo Residential Sound Insulation Program FAITHFUL PERFORMANCE BOND Bond No. 2081252 Bond Fee: $9,681.00 BIG WEST CONSTRUCTION CORPORATION , as principal ("PRINCIPAL") and NORTH AMERICAN SPECIALTY INSURANCE COMPANY , a corporation incorporated under the laws of the State of NEW HAMPSHIRE 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 SEVEN HUNDRED TWENTY FIVE THOUSAND dollars $ 725 699.00 ) SIX HUNDRED NINETY NINE AND 00/100 (words) 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. 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, Contract Documents for Group 38 (RSI 09 -19 of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract 4018 executed for such 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 improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL's work on the PROJECT will be done irL accordance with the requirements of the Contract Documents for the PROJECT and with permits issued by the 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 PROJECT for a period of one (1) year following the PROJECT's completion and acceptance by the CITY. 4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon. Faithful Performance Bond l Last Modified: April 22, 2009 City of El Segundo Residential Sound Insulation Program W, This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents, 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. 7. This bond consists of this instrument; the Contract Documents 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 §995.640 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. 8. 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 6TH day of NOVEMBER , 2009 . WEST CONSTRUCTION CORPORATION NORTH AMERICAN SPECIALTY INSURANCE COMPANY CIPAL's President iURETY's esident YUN ULLICK, AT NEY-IN-FACT 7t, PRINCIPAL's Secretary ecretary NOTE: ALL signatures must be acknowledged by a notar PRINCIPAL's Mailing Address ng Address ' / _ 9/ � `*12 3 701 S. PARKER ST., STE. 3800 17�j./i AE, C,4 Gl ZC�U� ORANGE, CA 92868 Faithful Performance Bond 2 Last Modified: April 22, 2009 pt dimoe Oid LQA!�LG Of County Clerk of the Count CC V %fai tat Culifcrilia, in and for said County il Insura, sued by the Call r surety insurance in '3howf I ii*l "tie DePaftent of revoked, canceled, I havJ hereunto set m Said County ull v affixed the seal of Ueputy County Cleat T YATES.. • ACKNOWLEDGMENT State of California County of, AAmIE } ss. On /V� > r � -4 a` -0 before me, Notary Public, personally appear .c �T�"a d who proved to me on the basis of satisfactory evidence to be the person(e) whose name(e) is/afe- subscribed to the within instrument and acknowledged to me that *ie/she/thW executed the same in hWher/#*ixr authorized capacity(ies), and that by his/her/t air signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(e) 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. 1� Signature YOUNG SUK KIM N CoMM. # 1751626 ►n NOTARY PUBLIC- CALIFORNIA U1 ORANGE COUNTY MY COMM. EXP. JUNE 18, 2011 OPTIONAL INFORMATION Date of Document Type or Title of Document Number of Pages in Document �s Document in a Foreign Language AXI A Type of Satisfactory Evidence: Personally Known with Paper Identification _ZC Paper Identification Credible Witness(es) Capacity of Signer: Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary / Treasurer Other: Other Information: Thumbprint of Signer Check here if no thumbprint or fingerprint is available. a 6 • State of California I ss. County of before me, On MAd Date Name and Title 19 Officer (e.g., "Jane Doe, Notary Public") �?. personally appeared Name(s) of Signer(s) COWAN~ 17"M "°'a0 puma� w� Sol )Cpersonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WI SS my hand and icial seal. Place Notary Seal Above Si lure of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: fGu��l►—�l Document Date: tA%t �' Number of Pages: �. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER .p of Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Top of thumb here ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: .:.>'v% ;3:`;i. ;y::7" ✓• s%`eY,;�'.Y,'."r! ✓ WN �z`:y� a.�yvia�✓i�✓tit�✓s�✓%n-✓<�✓ �s�✓'.�✓'.�✓%✓a�t�✓%.L, ,•;`✓':`✓iper'r3':`x'r'.�✓':`✓LS�✓3`er:`eri�✓:�,.�: �.��._.�. 4 0 a L ACKNOWLEDGMENT State of California County of Orange ) On November 6, 2009 before me, Christine T. Hoang, Notary Public (insert name and title of the officer) personally appeared Yung T Mullick who proved to me on the basis of satisfactory evidence to be the person(s) whose name($) Wank subscribed to the within instrument and acknowledged to me that hef kdtt t executed the same in hiskxKMw r authorized capacity(*, and that by hishwwftak signature($) on the instrument the person(*), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,�e►4arr� CHRISTINE T. HQANG WITNESS my hand and official seal. N �+� COMM. 1627909 ;i 'm NOTARY PUBIA4AUFORNIA X ° ORANGE COUNTY Cl) My Comm, DEC 23, 201 6 Signature (Seal) 4t: e.i x f f NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca, Illinois, each does hereby make, constitute and appoint: JENNIFER C. GIBONEY, DAMES W. MOILANEN, YUNG T. MULLICK, CHRISTINE T. HOANG and P. AUSTIN NEFF JOINTLY OR SLVLRALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of TWENTY-FIVE MILLION (S25,000,000.00) DOLLARS This Power of Attomey is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." ndlN4Nhlq///i - �suwx \\,gi'N�GtALITY//rye`/ IONRp T G� .... By $'v?� S�iL •D= Steven P..Anderson, President & Chief E:ecuWa Officer of Washington international insurance Company z ,S'�� t973 m & Senior vice President of Korth American .4weiahy Insurance Company O S. }rn gN/p hill By aa David Al. Layman, Senior Vice Presider of Washington International Insurance Company � � & Vice President of North American Specialty Insurance Cmnpany IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 20th day of February 12009 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page SS: On this 20th day of February 20 09 , before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. „OFFICIAI�� Dt)NNA D. SKLENS Notary Public, State of Ubsus My CommWuli Expires 10/0612011 Donna D. Sklens, Notary Public I, James A. Carpenter the duly elected Assistant Secretal of North American Specialty Insurance Company and Washington Intemational Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 6TH day of NOVEMBER 20 09 James A. Carpenter, V ice President & Assistant Sea daryof Washingtm International Insurance Corrpany & North American Specialty Insurance Cmrparry a — CERTIFICATE OF INSURANCE Cart# GEORGE L. BROWN INSURANCE AGENCY 1005 CALLS RECODO SAN CLEMENTE, CA 92673 949.361.1400 FAX 949-361.2767 BIG WEST CONSTRUCTION CORPORATION 2691 RICHTER AVE #123 IRVINE, CA 92606 ISSUE DATE 08/21/2009 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. COMPANIES AFFORDING COVERAGE COMPANY A NORTH AMERICAN CAPACITY INSURANCE CO COMPANY B GENERAL INSURANCE COMPANY OF AMERICA COMPANY C COMPANY THIS 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT RESPECT TO WHICH TH WIWITH IS CERTIFICATE MAYBE ISSUED OR MAY HAVE BEEN REDUCED BY PAID CLAIMS. CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY L CFA NSURANCE BILITY L GENERAL LIABILITY MADE aOCCUR.PERSONAL PROT. POLICY NUMBER PNG0003862 POLICY EFFECTIVE GATE (MMIOD/YY) MAY 23 09 POLICY EXPIRATION DATE (MMIDDIYY) MAY 23 10 LIMITS GENERAL AGGREGATE S 2,000,000 PRODUCTS-COMP/OP AGG. i 2,000,0W 6 ADV INJURY S1 000,000ONTRACTOR'S EACH OCCURRENCE S 1,000,000 FIRE DAMAGE(Any On* Fin) Is 50,000 MED. EXPENSE(Any One Parson i 5,000 AUTOMOBILE LIABILITY ANY AUTO 24CC236806-2 JUL 1109 JUL 11 10 COMBINED SINGLE LIMIT i 1,000, ALL OWNED AUTOS BODILY INJURY (Par Parson) i B X SCHEDULED AUTOS HIRED AUTOS X BODILY INJURY (ParAcdclwd) i NON -OWNED AUTOS PROPERTY DAMAGE S GARAGE LIABILITY ANY AUTO Auro ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT i AGGREGATE i EXCESS LIABILITY i UMBRELLA FORM EACH OCCURRENCE OTHER THAN UMBRELLA FORM AGGREGATE S WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY pARTMEP PROPRIETOR/ INCL OFFICERS ARE: EXCL OTHER STATUTORY LIMITS EACH ACCIDENT S DISEASE -POLICY LIMIT i DISEASE -EACH EMPLQYEE S DESCRIPTION OF OPERATIONSILOCATIONSNEH1CLr!RMPFcw moua THE CITY OF EL SEGUNDO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS WITH RESPECTS TO GENERAL LIABILITY INCLUDING PRIMARY WORDING PER FORM CG2010 (11185) AND AUTO LIABILITY PER FORM CA7110 (03107). RE: ONGOING OPERATIONS PERFORMED BY THE NAMED INSURED FOR THE CERTIFICATE HOLDER AS REQUIRED BY WRITTEN CONTRACT CERTIFICATE HOLDER CANCELLATION CITY OF EL SEGUNDO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 350 MAIN STREET EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. EL SEGUNDO, CA 90245 ATTN: CITY CLERK 10-DAY NOTICE �. AUTH FOR NON-PAYMENT OF PREMIUM 40i8.,,. Reproduction of Insurance Services Office, Inc. Form INSMU : ISO FORM CO 20 1011 SS: (MODB7MD) POLICY NUMBER: COUbMCIAL GENERAL LIABILITY ENDORSEMENT NUMBER: EE»IT 1-A THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ 1T CAREFULLY. ADDITIONAL INSURED -- OWNERS LESSEES OR CONTRACTORS (FORM1B) This endorsement modifies to uanoe provided under the following: oomm .RCIAL GENERAL LIABm= COVI mm PART. SCHEDULE The City, its officers, officials, employees, agents, and volunteers (If no may appears above, the information required to complete this eMoraement wall be shown in the Declarations as applicable to this endorsemenx.) WHO IS AN INSURED (Section II) is amended to inchde as an iasmrad the person or organization shown in the Schedule, but only with respect to liability arising out of *your work" for that insured by or for you. to ISO form 1. The insured acbeduled above includes the Inscred's o8ima, officials, employees vohmteers. 2. This insurance sball be pimary ss respects the i=,Md shown in the schedule above, or if excess, shall stand in an unbroken cbein of coves' excess of the Named 100red's scheduled underlying primary coverage. In either eveat, My other inarrnaoe by the Iasored scheduled above ahan be in excess of this insurance and aban not be called upon to contribute with it. 3. The inataaace afforded by this policy shall net be -canceled except after thirty days prior written notice by certified mail retum re M9 requested has been given to the Entity 4. Coverage span not extend to any indemnify coverage for the active negligeaoe of the add OMI inaued in any cm where an agmemeat to indemnify the additional insured would be invalid under Subdivision (b) of swdon 2782 of tbeLYvd Cede_ CG 20 10 1185 Insurance Services Office, Inc. Form (Modified) POLICY NUMBER: PN00003862 r COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. Name of Person or Organization: SCHEDULE Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking Place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that Insured by or for you. Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary Insurance and any other Insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only if required of the Named Insured and by written contract, CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 13 48.,.. urae COMMERCIAL AUTO CA 7110 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to overage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. , TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added: If Physical Damage overage Is provided by this Cov- erage Form, then you have overage for: Any •auto" you do not own while used with the per- mission of Its owner as a temporary substitute for a covered auto" you own that is out of service be- cause of Its breakdown, repair, servicing, 'loss" or destruction. BROAD FORM NAMED INSURED SECTION 11 — LIABILITY COVERAGE — A.I. WHO IS AN INSURED provision is amended by the addition of the following: d. Any business entity newly acquired or formed by you during the policy period provided you own 60% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage Is extended up to a maximum of 160 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE - A.I. WHO IS AN INSURED provision Is amended by the addition of the following: e. Any person or organization for whom you are re- quired by an Insured contract" to provide insur- ance.Is. an 'Insured", subject to the following additional provisions: (1) The Insured contract" must be In effect during the policy period shown In the Decla- rations, and must have been executed prior to the "bodily injury" or 'property damage". (2) This person or organization is an Insured" only to the extent you are liable due to your ongoing operations for that Insured, whether the work is performed by you or for you, and only to the extent you are held liable for an 'accident" occurring while a covered 'auto* Is being driven by you or one of your em- ployees. (3) There is no coverage provided to this person or organization for . •bodily Injury" to its em- ployees, nor for 'property damage" to Its property. (4) Coverage for this person or organization shall -be limited to the extent of your negli- gence or fault according to the. applicable principles of comparative negligence or fault. (5) The defense of any claim or 'cult" must be tendered by this person or organization as soon as practicable to all other Insurers which potentially provide Insurance for such claim or •suit". Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Copyright, Insurance Services Office, Inc., 1997 S Moe Md " adM Moo M n91 bAft N A Of 6dW rA;' kn CA 71 10 OQ 07 pap t of 6 EP 4Cj8. (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the insured contract". (7) A person's or organization's status as 'en 9nsumd" under this subparagraph d ends when your operations for that 'Insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section II — LIABILITY COV- ERAGE item f. Is added as follows: Your °employee" while using his owned "auto", or an "auto" owned by a member of his or her household, In your business or your personal affairs; provided you do not own, hire or borrow that "auto". This coverage Is excess to any other collectible Insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 3. FELLOW EMPLOYEE of SECTION II — LIABILITY COVERAGE — B. EXCLUSIONS is amended by the addition of the following: However, this exclusion does not apply If the "bodily Injury* results from the use of a covered 'auto" you own or hire, and provided that any coverage under this provision only applies In excess over any other collectible Insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily Injury" or 'property damage" on behalf of the persons or organizations added as "insureds" under Section II — LIABILITY COVERAGE — AA.D. BROAD FORM NAMED INSURED and A.i.s. BLANKET ADDITIONAL INSURED, PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph A.4. of SECTION III — PHYSICAL DAMAGE COVERAGE Is amended as follows: We wig pay up to $50 per day to a maximum of $1,500 for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A.4. COVERAGE EXTENSIONS, Is amended by adding the following: c. * Personal Effects Coverage For any Owned "auto" that Is involved In a covered "loss", we will pay up, to $500 for 'personal effects" that are lost or damaged as a result of the covered loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE Is amended to add: 5. We will pay for the expense of returning a stolen covered 'auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section III — PHYSICAL DAMAGE COVERAGE sec - Von 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made in determining actual cash value in the event of a total loss. However, in the event of a total toss to your "new vehicle" to which this coverage applies, as shown In the declarations, we will pay at your option: a. The verifiable "new vehicle' purchase price you paid for your damaged vehicle, not In- cluding any Insurance or warranties pur- chased; PWxde b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, rat including any furnishings, parts or equipment not Installed by the manufacturer or manufacturer's dealership. If the same model is not available pay the purchase price of the most similar model available; 4 0 8 .. • c. The market value of your damaged vehicle, hot Including any furnishings, parts or equip- ment not Installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered -auto" of the private passenger, light truck or medium truck type (20,000 Ibe or leas gross vehicle weight) and does not apply to Initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION 111 — PHYSICAL DAMAGE COV- ERAGE, If two or mote -company" policies or cover-. age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct - ibis is the smaller (or smallest) deduct - Ibis It will be waived; or b. H the applicable Business Auto deduct- ible is not the smaller (or.smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. It the loss Involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement fficompany" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company a. Actual cash value of the damaged or stolen property as of the time of the 'loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" Is subject to at the time of the "toss", leas any one or all of the following adjustments. (1) Overdue payment and financial penalties associated with those payments as of the date of the 'loss" (2) Financial penalties Imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the ban or lease. (4) Transfer or rollover balances from previous loans or leases. (6) Final payment due under a 'Balloon Loan". (6) The dollar amount of any un-repaired damage that occurred prior to the 'total loss" of a covered auto". (7) *Security deposits not refunded by a lessor. (8) 'Ail refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". e. First National Insurance Company of (9) Any amount representing taxes. America (10) Loan or lease termination fees L American States Insurance Company of Texas GLASS REPAIR — WAIVER OF DEDUCTIBLE g. American States Preferred insurance Under paragraph D. — DEDUCTIBLE of SECTION III Company — PHYSICAL DAMAGE COVERAGE, the following Is h. Safeco Insurance Company of Illinois added: LOAN/LEASE GAP COVERAGE Under paragraph C — LIMiT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI. DENT, CLAIM, SUIT OR LOSS 4. The most we will pay for a total "loss" In any one The requirement in LOSS CONDITION 2.a. — accident" Is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM, to a $1,600 maximum lima: SUiT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Pepe 3 of 8 EP "accident" applies only when the "accident" Is known to: (1) You, If you are an Individual; (2) A partner, if you are a partnership; or (3) An executive officer or Insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV —BUSINESS AUTO .CONDITIONS — B.2, is amended by. the addition of the following: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WIDE COVER- AGE Under. Section IV — Business Conditions, Paragraph 9.7.b.e(1) is replaced by the following: (1) .The "accident" or "loss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. Is replaced by the following: "Bodily Injury" means bodily Injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered °autos" for Liability cov- erage and If Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any *auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" Is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- lectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION III — PHYSICAL DAMAGE A.4.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired 'auto" If it results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE A. We will pay for rental reimbursement expenses Incurred by you for the rental of an •auto" be- cause of a covered loss" to a covered "auto". Payment applies In addition to the otherwise ap- plicable amount of each coverage you have on a covered •auto". No deductibles apply to this coverage. e. We will pay only for those expenses incurred during the policy period beginning 24 hours after the loss" and ending, regardless of the pollcy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered 'auto". If loss" Is caused by theft, this number of days Is added to the number of days It takes to locate the covered 'auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: .1. Necessary and actual expenses Incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" Avallableto you for your operations. E. K 'Noss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which Is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered "auto" that Is described or designated as a covered `auto" on 4 ® 8 • , , Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered "auto" for "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only If the equipment is permanently installed In the covered "auto' at the time of the loss" or the equipment Is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and auch equipment is designed.to be solely operated by use of the power from the "auto's' electrical system, In or upon the covered "auto". 2. We will pay with respect to a covered "auto" for loss" to any accessories used with the electronic equipment described in paragraph A.I. above. However, this does not include tapes, records or discs. 3. N Audio, Visual and Data Electronic Equip, ment Coverage form CA 99 60 or CA 99 94 Is attached to this policy, then the Audio, VI- sual and Data Electronic Equipment Cover. age described above does not apply. S. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and. Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that Is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered 'auto'e" operating system; or 2. Both: the manufacturer for the installation of a radio. C. Limit of insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE Is replaced by the following: 1. The most we will pay for •loss" to audio, A- suai or data electronic equipment and any accessories used with this equipment as a result of any one 'accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. C. $1,000. 2. An adjustment for depredation and physical condition will be made in determining actual cash value at the time of the `loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If 'loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a 'toss" to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property will be re- duced by the applicable deductible shown in . the Declarations. Any Comprehensive Cov- erage deductible shown In the Declarations does not apply to 'loss" to audio, visual or data electronic equipment caused by fire or lightning. 2. a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing 3 equipment is permanently Installed in the covered "auto'; and b. permanently Instailed in the opening of the dash or console nompally used by It "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment Is the result of a loss' to the covered 'auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto' our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered 'auto" our obligation to pay for, repair, CA 71 10 03 07 Peps 5 of 0 EP 40 18 - . e . return or replace damaged or stolen property SECTION V — DEFINITIONS is amended by adding will be reduced by a $100 deductible. the following: 4. in the event that there is more than one ap- Q. "Personal effects" means your tangible plicable deductible, only the highest deduct- property that Is worn or carried by you, ex- ible will apply. In no event will more than one cept for tools, Jewelry, money, or securities. deductible apply. R. "New vehicle' means any "auto" of which you are the original owner and the "auto" has not been previously titled and is less than 365 days past the purchase date. Pepe 6 d 8 4 0 "1 8 I •Y ' CERTHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-06-2009 GROUP: POLICY NUMBER: 1886828-2009 CERTIFICATE ID: 85 CERTIFICATE EXPIRES:06-01-2010 08-01-2009/06-01-2010 CITY OF EL SEGUNDO SG JOB:PROJECT NUMBER 09-19 350 MAIN ST EL SEGUNDO CA 90245-3813 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. �THORIZEDREPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1800 - THOMAS, CARR PRES - EXCLUDED. ENDORSEMENT #1600 - MAGGIE CARR TRES, SEC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2670 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009-08-24 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF EL SEGUNDO EMPLOYER BIG WEST CONSTRUCTION CORPORATION SG 2691 RICHTER AVE STE 123 IRVINE CA 92606 [CCP,CNI PRINTED : 11-06-2009 (REV.2-05) 40 i 8..,,. WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: Additional Waiver charge Total premium equals $5,000.00 13.30% $ 665.00 3.00% $ 19.95 $ 684.95 (665.00 + 19.95) CERTIFICATE OF INSURANCE % ISSUE DATE 08l21 /2(IAo � c;ert# 54675 GEORGE L. BROWN INSURANCE AGENCY 1005 CALLE RECODO SAN CLEMENTE, CA 92673 949.361.1400 FAX 949-361.2767 BIG WEST CONSTRUCTION CORPORATION 2691 RICHTER AVE #123 IRVINE, CA 92606 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, COMPANIES AFFORDING COVERAGE COMPANY A NORTH AMERICAN CAPACITY INSURANCE CO COMPANY B GENERAL INSURANCE COMPANY OF AMERICA COMPANY c COMPANY D 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 I II6eTR RWA UAV HAVE BEEN REDUCED BY PAID CLAIMS - CO LTR A TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY LAMS MADE � OCCUR. OWNER'S 8 CONTRACTOR'S PROT. POLICY NUMBER PNG0003862 POLICY EFFECTIVE DATE (MWDD/YY) MAY 23 09 POLICY EXPIRATION DATE (MMIDD/M MAY 23 10 LIMBS GENERAL AGGREGATE S 2,000,000 PRODUCTS COMP/OP AGG. S 2,000,000 PERSONAL 6 ADV INJURY $ 11000,000 EACH OCCURRENCE S 1,000,000 FIRE DAMAGE(Any One Fire) $ 50,000 MED. EXPENSE(Any One Person COMBINED SINGLE LIMIT $ 5,000 B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 24CC236606-2 JUL 11 09 JUL 11 10 $ 1,000, X BODILY INJURY (Per Person) $ X BODILY INJURY (Per Accident) S PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM AUTO ONLY • EA ACCIDENT S OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE EACH OCCURRENCE $ $ AGGREGATE S WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL OTHER STANDBY LIMITS EACH ACCIDENT $ DISEASE -POLICY LIMIT S DISEASE -EACH EMPLpYEE $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICL.ES/SPECIAL ITEMS THE CITY OF EL SEGUNDO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS, AND VOLUNTEERS ARE NAMED ADDITIONAL INSUREDS WITH RESPECTS TO GENERAL LIABILITY INCLUDING PRIMARY WORDING PER FORM CG2010 (11/85) AND AUTO LIABILITY PER FORM CA7110 (03/07). RE: ONGOING OPERATIONS PERFORMED BY THE NAMED INSURED FOR THE CERTIFICATE HOLDER AS REQUIRED BY WRITTEN CONTRACT CITY OF EL SEGUNDO 360 MAIN STREET r EL SEGUNDO, CA 90245 ATTN: CITY CLERK i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. I O-DAY NOTICE O��TIOIt APOS FOR NON-PAYMENT OF PREMIUM Reproduction of Insurance Services Office, Inc. Form INSURER: ISO FORM CG 20 101185: (MODIALI3D) POLICY NUMBER: COWERCIAL GENERAL LIABILITY ENDORSEMENT NUMBER: EXHIBIT 1-A THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS LESSEES OR CONTRACTORS (FORMY) This endorsement modifies insurance provided Tinder the following: CON& AMCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE The City, its officers, officials, employees, agents, and volunteers (If no culty appem above, the information required to complete this endone meat will be shown in the Dec>amtions as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability Wising out of "your work" for that insured by or for you. to ISO farm CG 20 10 11 1. The Wanted scheduled above includes the Insuaed's oflicws, oftials, employees ersand l volunte. 2. This insurance shall be-pdmwy as respects the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of eovemp axom of the Named Insnred's scheduled u Wertying primacy cover p. In either event, any other insrrtancoe maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contewe with it 3. The insurance afforded by this policy shell not be-caweled except after thirty days prior written notice by certified mail Mum receipt requested has been given to the Etitity. 4. Coverage shall not extend to any indemnity coverage for the active negligence of additional insured in any can where an agmement to indemnify the additional imu would be invalid under Subdivision (b) of xeMnrn 91no of rh^ f,&Ai r..a- CG 20 10 1185 hMranca Services Office, Inc Form (Modified) U POLICY NUMBER: PN00003862 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - (FORM B) This endorsement modifies insurance provided under the folidwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such as is afforded by this policy, but only with respect to (1) occurrences taking place after such written contract has been executed and (2) occurrences resulting from work performed by you during the policy period. (If no entry appears above, Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that Insured by or for you. Coverage provided by this policy to the Additional Insured(s) shown In the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non-contributory, but only if required of the Named Insured and by written contract. CG 20 10 1185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 9 rance COMMERCIAL AUTO • CA 71 10 03 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. EXTENDED CANCELLATION CONDITION Paragraph 2.b. of the CANCELLATION Common Policy Condition Is replaced by the following: b. 60 . days before the effective date of cancellation if we cancel for any other reason. TEMPORARY SUBSTITUTE AUTO — PHYSICAL DAMAGE COVERAGE Under paragraph C. — CERTAIN TRAILERS, MO- BILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION 1 — COVERED AUTOS, the following is added: If Physical Damage coverage Is provided by this Cov- erage Form, then you have coverage for. Any 'auto" you do not own while used with the per- mission of its owner as a temporary substitute for a covered •auto" you own that is out of service be- cause of Its breakdown, repair, servicing, "loss" or destruction, BROAD FORM NAMED INSURED SECTION 11 — LIABILITY COVERAGE — A.I. WHO IS AN INSURED provision Is amended by the addition of the following: d. Any business entity. newly acquired or formed by you during the policy period provided you own 60% or more of the business entity and the business entity Is not separately insured for Business Auto Coverage. Coverage Is extended up to a maximum of 1.80 days following acquisi- tion or formation of the business entity. Coverage under this provision is afforded only until the end of the policy period, BLANKET ADDITIONAL INSURED SECTION 11 — LIABILITY COVERAGE -- A.I. WHO IS AN INSURED provision is amended by the addition of the following: e. Any person or organization for whom you are re- qulred by an Insured contract" to provide Insur- ance.Is an 'insured", subject to the following additional provisions: (1) The 'insured contract" must be in effect during the policy period shown In the Decla- rations, and must have been executed prior to the "bodily injury" or •property damage". (2) This person or organization is an Insured" drily to the extent you are liable due to your ongoing operations for that Insured, whether the work is performed by you or for you, and only to the extent you are held liable for an 'accident" occurring while a covered 'auto" Is being driven by you or one of your em- ployees. (3) There is no coverage provided to this person or organization for "bodily Injury" to its em- ployees, nor for property damage" to Its property. (4) Coverage for this person or organization shall.be limited to the extent of your negli- gence or fault according to the, applicable principles of comparative negligence or fault. (5) The defense of any claim or "suit" must be tendered by this person or organization as soon as practicable to all other insurers which potentially provide Insurance for such claim or •suit". Includes copyrighted material of Insurance Services Otice, Inc., with Its permission. Copyright, Insurance Services Office, Inc., 1997 eafm and do smwo logo aM � hftnaft Msw�o ccPMago CA 71 10 03 07 pop 1 of 8 EP (6) The coverage provided will not exceed the lesser of: (a) The coverage and/or limits of this policy; or (b) The coverage and/or limits required by the Insured contract". (7) A person's or organization's status as an Insured" under this subparagraph d ends when your operations for that 'insured" are completed. EMPLOYEE AS INSURED Under Paragraph A. of Section II — LIABILITY COW ERAGE item I. is added as follows: Your "employee" while using his owned 'auto", or an "auto" owned by a member of his or her household, in your business or your personal affairs; provided you do not own, hire or borrow that "auto". This coverage Is excess to any other collectible Insurance coverage. FELLOW EMPLOYEE COVERAGE Exclusion 5. FELLOW EMPLOYEE of SECTION 11 — LIABILITY COVERAGE — B. EXCLUSIONS Is amended by the addition of the following: However, this exclusion does not apply R the "bodily Injury" results from the use of a covered "auto" you own or hire, and provided that any coverage under this provision only applies in excess over any other collectible Insurance. BLANKET WAIVER OF SUBROGATION We waive the right of recovery we may have for pay- ments made for "bodily Injury" or •property damage" on behalf of the persons or organizations added as "Insureds" under Section li — LIABILITY COVERAGE — A.I.D. BROAD FORM NAMED INSURED and A.1.e. BLANKET ADDITIONAL INSURED. PHYSICAL DAMAGE — ADDITIONAL TRANS- PORTATION EXPENSE COVERAGE The first sentence of paragraph AA of SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: We will pay up to $60 per day to a maximum of $1,600 for temporary transportation expense Incurred by you because of the total theft of a covered "auto" of the private passenger type. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVER- AGE, A-4. COVERAGE EXTENSIONS, Is amended by adding the following: c. Personal Effects Coverage For any Owned "auto" that Is Involved In a covered 'loss", we will pay up to $500 for "personal effects" that are lost or damaged as a result of the covered loss", without applying a deductible. EXTRA EXPENSE — BROADENED COVERAGE Paragraph A. — COVERAGE of SECTION III — PHYSICAL DAMAGE COVERAGE Is amended to add: 5. We will pay for the expense of returning a stolen covered 'auto" to you. AIRBAG COVERAGE Under paragraph B. — EXCLUSIONS of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. NEW VEHICLE REPLACEMENT COST Under Paragraph C — LIMIT OF INSURANCE of Section III — PHYSICAL DAMAGE COVERAGE sec- tion 2 is amended as follows: 2. An adjustment for depreciation and physical con- dition will be made In determining actual cash value in the event of a total loss. However, in the event of a total loss to your "new, vehicle" to which this coverage applies, as shown in the declarations, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehicle, not in- cluding any Insurance or warranties pur- chased; Pam 2 d 6 b. The purchase price, as negotiated by us, of a new vehicle of the same make, model and equipment, not including any furnishings, parts or equipment not Installed by the manufacturer or manufacturer's dealership. If the same model is not available pay the purchase price of the most similar model available; c. The market value of your damaged vehicle, not including any furnishings, parts or equip- ment not Installed by the manufacturer or manufacturer's dealership. This coverage applies only to a covered "auto" of the private passenger, light truck or medium truck type (20,000 Ibs or less gross vehicle weight) and does not apply to initiation or set up costs associated with loans or leases. TWO OR MORE DEDUCTIBLES Under SECTION ill — PHYSICAL DAMAGE COV- ERAGE, If two or more •company" policies or cover- age forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deduct- ible is the smaller (or smallest) deduct- ible it will be waived; or b. It the applicable Business Auto deduct - Ibis is not the smaller (or.smallest) de- ductible it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the loss involves two or more Busi- ness Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement "company" means: a. Safeco Insurance Company of America b. American States Insurance Company c. General Insurance Company of America d. American Economy Insurance Company a. Actual cash value of the damaged or stolen property as of the time of the "loss", less an adjustment for depreciation and physical condition; or b. Balance due under the terms of the loan or lease that the damaged covered "auto" is subject to at the time of the "loss', less any one or all of the following adjustments. (1) Overdue payment and financial penalties associated with those payments as of the date of the 'foss". (2) Financial penalties Imposed under a lease due to high mileage, exces- sive use or abnormal wear and tear. (3) Costs for extended warranties, Cre- dit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease. (4) Transfer or rollover balances from previous loans or leases. (5). Final payment due under a 'Balloon Loan". (B) The dollar amount of any un-repaired damage that occurred prior to the "total loss" of a covered "auto". (7) Security deposits not refunded by a lessor. (8) All refunds payable or paid to you as a result of the early termination of a lease agreement or any war- ranty or extended service agree- ment on a covered "auto". e. First National Insurance Company of (9) Any amount representing taxes. America (10) Loan or lease termination fees f. American States Insurance Company of Texas GLASS REPAIR — WAIVER OF DEDUCTIBLE g. American States Preferred Insurance Under paragraph D. — DEDUCTIBLE of SECTION III Company — PHYSICAL DAMAGE COVERAGE, the following Is h. Safeco Insurance Company of Illinois added: LOANVILEASE GAP COVERAGE Under paragraph C — LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass Is repaired rather than replaced. AMENDED DUTIES IN THE EVENT OF ACCI- DENT, CLAIM, SUIT OR LOSS 4. The most we will pay for a total "loss" in any one The requirement In LOSS CONDITION 2.a. — 'accident" is the greater of the following, subject DUTIES IN THE EVENT OF ACCIDENT, CLAIM, to a $1,500 maximum limit: SUIT OR LOSS — of SECTION IV — BUSINESS AUTO CONDITIONS that you must notify us of an CA 71 10 03 07 Pop 3 of 6 EP •accident" applies only when the "accident" Is known to: (1) You, If you are an individual; (2) A partner, If you are a partnership; or (3) An executive officer or Insurance manager, if you are a corporation. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV —BUSINESS AUTO .CONDITIONS — 13.2. is amended by, the addition of the following: If you unintentionally fail to disclose any hazards ex- Isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. HIRED AUTO — LIMITED WORLD WiDE COVER. AGE Under Section IV — Business Conditions, Paragraph 8.7.b.e(1) is replaced by the following: (1) The "acoldent" or 'toss" results from the use of an "auto" hired for 30 days or less. RESULTANT MENTAL ANGUISH COVERAGE SECTION V — DEFINITIONS — C. is replaced by the following: "Bodily injury" means bodily injury, sickness or dis- ease sustained by a person including mental anguish or death resulting from any of these. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos* for Llabillty cov- erage and if Comprehensive, Specified Causes of Loss or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow. The most we will pay for loss to any hired "auto" is $50,000 or Actual Cash Value or Cost of Repair, whichever is smallest, minus a deductible. The de- ductible will be equal to the largest deductible appli- cable to any owned "auto" of the private passenger or light truck type for that coverage. Hired Auto Phy- sical Damage coverage is excess over any other col- lectible Insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. HIRED AUTO PHYSICAL DAMAGE COVERAGE — LOSS OF USE SECTION IiI — PHYSICAL DAMAGE AA.b. Form does not apply. Subject to a maximum of $1,000 per accident, we will cover loss of use of a hired 'auto" if It results from an accident, you are legally liable and the lessor in- curs an actual financial loss. RENTAL REIMBURSEMENT COVERAGE Pape 4 of A. We will pay for rental reimbursement expenses Incurred by you for the rental of an "auto" be- cause of a covered 'loss" to a covered "auto". Payment applies In addition to the otherwise ap- plicable amount of each coverage you have on a covered -auto-. No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the 'loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If loss" Is caused by theft, this number of days Is added to the number of days it takes to locate the covered 'auto" and return it to you. 2. 30 days. C. Our payment is limited to the lesser of the fol- lowing amounts: 1. Necessary and actual expenses Incurred. 2. $50 per day. D. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. E. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not al- ready provided for under the PHYSICAL DAM- AGE COVERAGE Coverage Extension. F. The Rental Reimbursement Coverage described above does not apply to a covered °auto- that is described or designated as a covered "auto" on Rental Reimbursement Coverage Form CA 99 23. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE A. Coverage 1. We will pay with respect to a covered 'auto" for 'loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only If the equipment is permanently Installed in the covered "auto" at the time of the loss" or. the equipment is removable from a housing unit which is permanently installed In the covered "auto" at the time of the "loss", and such equipment is designed. to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". 2. We will pay with respect to a covered "auto" for 'loss" to any accessories used with the electronic equipment described in paragraph A.I. above. However, this does not include tapes, records or discs. 3. If Audio, Visual and Data Electronic Equip- ment Coverage form CA 99 60 or CA 99 94 Is attached to this policy, then the Audfo, VI- sual and Data Electronic Equipment Cover- age described above does not apply. B. Exclusions The exclusions that apply to PHYSICAL DAM- AGE COVERAGE, except for the exclusion relat- ing to Audio, Visual and. Data Electronic Equipment, also apply to this coverage. In addi- tion, the following exclusions apply: We will not pay for either any electronic equip- ment or accessories used with such electronic equipment that is: 1. Necessary for the normal operation of the covered "auto" for the monitoring of the covered "auto's" operating system; or 2. Both: the manufacturer for the installation of a radio. C. Limit of Insurance With respect to this coverage, the LIMIT OF IN- SURANCE provision of PHYSICAL DAMAGE COVERAGE Is replaced by the following: 1. The most we will pay for "loss" to audio, vi- sual or data electronic equipment and any accessories used with this equipment as a result of any one 'accident" Is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss"; or b. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. c. $1,000. 2. An adjustment for depredation and physical condition will be made In determining actual cash value at the time of the "loss'. 3. If a repair or replacement results In better than like kind or quality, we will not pay for the amount of the betterment. D. Deductible 1. If "loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a 'Voss' to the covered "auto" under the Business Auto Coverage Form's Comprehensive or Colli- sion Coverage, then for each covered "auto" our obligation to pay for, repair, return or re- place damaged or stolen property wail be re- duced by the applicable deductible shown in the Declarations. Any Comprehensive Cov- erage deductible shown in the Declarations does not apply to loss" to audio, visual or data electronic equipment caused by fire or lightning. 4 a. an integral part of the same unit housing any sound reproducing equipment de- signed solely for the reproduction of sound if the sound reproducing equipment Is permanently Installed in 3' the covered "auto and b. permanently Installed in the opening of the dash or console normally used by If 'loss" to the audio, visual or data elec- tronic equipment or accessories used with this equipment is the result of a loss" to the covered 'auto" under the Business Auto Coverage Form's Specified Causes of Loss Coverage, then for each covered "auto" our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. If "loss" occurs solely to the audio, visual or data electronic equipment or accessories used with this equipment, then for each cov- ered "auto" our obligation to pay for, repair, CA 71 10 03 07 Papa 5 of 6 EP % 0 , return or replace damaged or stolen property will be reduced by a $100 deductible. 4. In the event that there is more than one ap- plicable deductible, only the highest deduct- ible will apply. in no event will more than one deductible apply. SECTION V — DEFINITIONS Is amended by adding the following: Q. "Personal effects" means your tangible Property that is worn or carried by you, ex- cept for tools, jewelry, money, or securities. R. "New vehicle' means any "auto" of which you are the original owner and the '"auto" has not been previously titled and Is less than 365 days past the purchase date. Pepe 6 of 6 CERTHOLDER COPY SG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 11-06-2009 GROUP: POLICY NUMBER: 1688826-2009 CERTIFICATE ID: 85 CERTIFICATE EXPIRES: 08-01-2010 08-01-2009/06-01-2010 CITY OF EL SEGUNDO 350 MAIN ST EL SEGUNDO CA 90245-3813 SG JOB:PROJECT NUMBER 09-19 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. tTHORIZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - THOMAS, CARR PRES - EXCLUDED. ENDORSEMENT #1600 - MAGGIE CARR TRES, SEC - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 06-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2570 ENTITLED WAIVER OF SUBROGATION EFFECTIVE 2009-08-24 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. THIRD PARTY NAME: CITY OF EL SEGUNDO EMPLOYER BIG WEST CONSTRUCTION CORPORATION 2691 RICHTER AVE STE 123 IRVINE CA 92808 SG [CCP,CNI PRINTED : 11-06-2009 (REV.2-05) 8 WAIVER OF SUBROGATION NOTICE Enclosed is your copy of a certificate of insurance on which the certificate holder required a waiver of subrogation: 1. Please be advised that a waiver of subrogation requires that a 3% surcharge will be applied by State Fund ONLY to the premium assessed on the payroll of your employees earned while engaged in work for that certificate holder who requested the waiver. (Note: if you have no employee payroll on that job, then there is no charge.) 2. To apply the 3% surcharge, you must also agree to maintain accurately segregated payroll records for employees engaged in work on job/s for the certificate holder who has the waiver. The payroll records are subject to verification by an auditor. Example: Payroll for job: Sample Rate: Regular Premium equals: Surcharge: Additional Waiver charge Total premium equals $5,000.00 13.300 $ 665.00 3.00o $ 19.95 $ 684.95 (665.00 + 19.95)