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CONTRACT 4049 Other CLOSEDContract Number: 4049 IV RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND G &G SPECIALTY CONTRACTORS, INC. This contract is entered into this nday of February 2010, by and between the City of El Segundo, a general law city and municipal corporation ( "the City ") and G &G Specialty Contractors, Inc. ( "the Contractor "). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work "). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D. "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Five hundred twenty-eight thousand, two hundred fifty -one dollars and zero cents ($528,251.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within the time specified in the Contract Documents (the "Contract Time. ") Residential Sound Insulation Program 1 Group 40 Construction Contract (02/18/2010) Contract Number: 4049 C secu�Q B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor shall 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 written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. 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 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 Residential Sound Insulation Program 2 Group 40 Construction Contract (02/18/2010) Gil y Uf C SEGU�4 Contract Number: 4049 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: The City Tom Gray City of El Segundo RSI Program 333 Main Street, Unit A El Segundo, CA 90245 The Contractor Charles E. Goodballet G &G Specialty Contractors, Inc. 4633 S. 36th Street Phoenix, Arizona 85040 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. 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 Standard Specifications. Residential Sound Insulation Program 3 Group 40 Construction Contract (02/18/2010) Contract Number: 4049 1 -o � Secu�Q 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. 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. 21. COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENT This is a federally assisted construction contract and Federal labor standards, including Davis - Bacon requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. [Signatures on next page] Residential Sound Insulation Program 4 Group 40 Construction Contract (02/18/2010) Contract Number: 4049 IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: A general law city and municipal corporation. ATTEST: Cindy i� : - City Clerk APPROVED A RM• MARK D. H , C ATTO By: Karl H. Berge , Assistant Ci A orney Residential Sound Insulation Program CONTRACTOR: G &G Specialty Contractors, Inc. By: QhLarles 4Goo al let Vice - President Taxpayer ID Number Contractor State License Number Contractor City Business License Number qa-- ISS75S 7e ,B. 83907a. Jot 0 S j Group 40 Construction Contract (02/18/2010) City of El Segundo Residential Sound Insulation 40 4 9. 41, .. FAITHFUL PERFORMANCE BOND G & G SPECIALTY CONTRACTORS, INC. INSURANCE COMPANY OF THE WEST Bond No. 2278444 Bond Fee: $ 7,446.00 as principal ( "PRINCIPAL') and a corporation incorporated under the laws of the State of CALIFORNIA 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 FIVE HUNDRED TWENTY EIGHT TWO HUNDRED FIFTY -ONE THOUSAND dollars ($ 52$,251.00 -- (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 40 (RSI 10 _01 ) of the City of El Segundo's Residential Sound Insulation Program ( "PROJECT ") and Contract 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 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. PRINCIPAL's work on the PROJECT will be done in 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 1 Last Modified: April 22, 2009 City of El Segundo Residential Sound Insulation Program 5. 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. ANZ C) N N � a, �Q5lll��il ZE U�oO MOEe ,FE E2 0 10 Z Ir < Za 0�� SIGNED AND SEALED this 19TH day of FEBRUARY � 20 10 . I G & G SPECIALTY CONTRACTORS, INC. INSURANCE COMPANY OF THE WEST VP - RONALD H. ES -IN -FACT E: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address 4633 SOUTH 36TH STREET PHOENIX, AZ 85040 SURETY's Mailing Address ICW GROUP CORPORATE OFFICES 11455 EL CAMINO REAL SAN DIEGO, CA 92130 Faithful Performance Bond 2 Last Modified: April 22, 2009 No. 0004029 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies "), do hereby appoint RONALD ESTABROOK, DEBBIE LOMBARDERO, MARGARET HARMAN their true and lawful Attomey(s)-m -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. �Y Wo ,aM►ANYa g u. -pRANC� rol64t4 tr o 0%0 ,& SEAL _!r s 04LIFOW Jeffrey D. Sweeney, Assistant Secretary INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY J. Douglas Browne, Senior Vice President State of California } ss. County of San Diego On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. C go GARY 0 �N Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s )-in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein maybe affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. IN WITNESS WHEREOF, I have set my hand this 1 9th day of February 2010 Jeffrey D. Sweeney, Assistant Secretary -J /J To verify the authenticity of this Power of Attorney you may call 1 -800- 877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. • Company Profile DEPARTMENT OF INSURA14CE COMPANY PROFILE Company Profile Company Search Company Information Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer Old Company Names back to top Agent For Service MARY CANNON 11455 ELCAMINO REAL SAN DIEGO CA 92130 back to top Reference Information 4 u "; Page I of 2 INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186 -5563 800 - 877 -1111 Effective Date NAIC #: 27847 California Comp 2071 -9 Date Authorized in California: 05/17/1972 License Status: UNLIMITED - NORMAL [Company Type: Property & Casualty State of Domicile: CALIFORNIA back to top NAIC Group List NAIC Group #: 0922 American Assets Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT http: // interactive. web. insurance. ca. gov /companyprofile /companyprofile ?event= companyPr... 2/22/2010 • Company Profile AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance PagP2 of 2 http: / /interactive.web. insurance. ca. gov /companyprofile /companyprofile ?event= companyPr... 2/22/2010 Business Search - Business Entities - Business Programs Page 1 of 1 4 014 Business Entity Detail Data is updated weekly and is current as of Friday, February 12, 2010. It is not a complete or certified record of the entity. Entity Name: INSURANCE COMPANY OF THE WEST Entity Number: C0646299 Date Filed: 03/01/1972 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: PO BOX 85563 Entity City, State, Zip: SAN DIEGO CA 92186 -5563 Agent for Service of Process: MARY E CANNON Agent Address: 11455 EL CAMINO REAL Agent City, State, Zip: SAN DIEGO CA 92130 -2045 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability. • For information on ordering certificates, copies of documents and /or status reports or to request a more extensive search, refer to Information Requests. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Field Descriptions and Status Definitions. • .Q http : / /kepler.sos.ca.gov /cbs.aspx 2/22/2010 City of El Segundo Residential Sound Insulation 40 9 LABOR AND MATERIALS BOND G & G SPECIALTY CONTRACTORS, INC. INSURANCE COMPANY OF THE WEST Bond No. 227 8444 Bond Fee: $ 7,446.00 as principal ( "PRINCIPAL ") and a corporation incorporated under the laws of the State of CALIFORNIA and licensed by the State of ( "alifornia 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 FIVE HUNDRED TWENTY EIGHT TWO HUNDRED FIFTY -ONE THOUSAND dollars ($ 528,251.00... 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 40 (RSI 10 _01 ) of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract 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 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 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 Moclitiea: Hpru LL, t,UUy 4049 . , o . City of El Segundo Residential Sound Insulation Program 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. 6. 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. NZ to ON� m Z ¢Muo (0 N UU oO IZ�O E ga m et a c) E 2 * >E oa 0O< LL � CNED AND SEALED this 19TH day of G & G SPECIALTY CONTRACTORS, INC. FEBRUARY ,2010 INSURANCE COMPANY OF THE WEST RONALD H. ESTABROOK, ATTORNEY-IN-FACT UTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address 4633 SOUTH 36TH STREET PHOENIX, AZ 85040 Labor and Materials Bond 2 SURETY's Mailing Address ICW GROUP CORPORATE OFFICES 11455 EL CAMINO REAL SAN DIEGO, CA 92130 Last Modified: April 22, 2009 No. 0004029 ICW GROUP Power of Attorney Insurance Company of the West Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, Explorer Insurance Company, a Corporation duly organized under the laws of the State of California, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies "), do hereby appoint RONALD ESTABROOK, DEBBIE LOMBARDERO, MARGARET HARMAN their true and lawful Attorney(s )-in -Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 2nd day of January, 2008. �rrrY No PRjtNCF �G y� Q pR R'> c+''', 4 x � 00 44% t, y� O F ,O 1i CS SEAL 'Y�•ORN11� ��f b�O t�� Jeffrey D. Sweeney, Assistant Secretary INSURANCE COMPANY OF THE WEST EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY ,?a `j�," 1C aA424rvc/ - J. Douglas Browne, Senior Vice President State of California } ss. County of San Diego On January 2, 2008, before me, Mary Cobb, Notary Public, personally appeared J. Douglas Browne and Jeffrey D. Sweeney, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. 1 m � � COY .4" Oa990 � SA O 0 NNa�TI� gQE�009 Mary Cobb, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s )-in -Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I the undersigned, Assistant Secretary of Insurance Company of the West, Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, an d has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. 2010. IN WITNESS WHEREOF, I have set my hand this 19th day of Feh r L a r J6, - � Jeffrey D. Sweeney, Assistant Secretary ���/ To verify the authenticity of this Power of Attorney you may call 1 -800- 877 -1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130 -2045 or call (858) 350 -2400. Company Profile cr�urlar�►alt� OEPARTMEW OF INSURANCE Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information Old Company Names back to top Agent For Service MARY CANNON 11455 ELCAMINO REAL SAN DIEGO CA 92130 back to top Reference Information Page 1 of 2 4: 9 ..,a INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186 -5563 800 - 877 -1111 Effective Date NAIC #: -1 27847 California Company ID #: 2071 -9 Date Authorized in California: JI 05/17/1972 License Status: UNLIMITED - NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA back to top NAIC Group List NAIC Group #: 0922 American Assets Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT http: / /interactive. web.insurance.ca. gov /companyprofile /companyprofile ?event= companyPr... 2/22/2010 Company Profile AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance , P e2of2 40�: }. http: / /interactive.web. insurance.ca. gov /companyprofile /companyprofile ?event= companyPr... 2/22/2010 • Business Search - Business Entities - Business Programs Page 1 of 1 Business Entity Detail Data is updated weekly and is current as of Friday, February 12, 2010. It is not a complete or certified record of the entity. Entity Name: INSURANCE COMPANY OF THE WEST Entity Number: C0646299 Date Filed: 03/01/1972 Status: ACTIVE Jurisdiction: CALIFORNIA Entity Address: PO BOX 85563 Entity City, State, Zip: SAN DIEGO CA 92186 -5563 Agent for Service of Process: MARY E CANNON Agent Address: 11455 EL CAMINO REAL Agent City, State, Zip: SAN DIEGO CA 92130 -2045 * Indicates the information is not contained in the California Secretary of State's database. • If the status of the corporation is "Surrender," the agent for service of process is automatically revoked. Please refer to California Corporations Code section 2114 for information relating to service upon corporations that have surrendered. • For information on checking or reserving a name, refer to Name Availability. • For information on ordering certificates, copies of documents and /or status reports or to request a more extensive search, refer to Information Requests. • For help with searching an entity name, refer to Search Tips. • For descriptions of the various fields and status types, refer to Field Descriptions and Status Definitions. http : //kepler.sos.ca.gov /cbs.aspx 2/22/2010 4 p 9 • . �ICORD„ CERTIFICATE OF LIABILITY INSURANCE 2/19`"20 0�" PRODUCER Phone: 602- 277 -6672 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Brown &Brown Insurance of AZ, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2800 North Central Avenue, Suite 1600 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phoenix AZ 85004 INSURERS AFFORDING COVERAGE INAtC§ INSURED G & G Specialty Contractors rl� 4633 South 36th Street Phoenix AZ 85040 ® COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, 'PERM 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 TERM, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY NUMBER POUCYEFFECTIVE POLICY ETCPIRATION LIMITS A GENERAL LIABILITY X COMMEKtAL GENERAL LIABILITY CLAIM'SMADE ® OCCUR 43926117 -01 12/31/2009 12/31/2010 EACHOOCURRFNCE $1,000,0 0 ISES Eawcumnce $50,000 MEDEXP anapemon $ PERBDNN. &ADVNJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS•COAPIOPAGG $ GENLAGGREGATEUMITAPPLIESPER' POLICY LOC / C AUTOMOBILE LIABILnY CWP5055391 2/1/2010 2/1/2011 COMBINED SINGLE LIMIT (EaaarJnelaj $1#000,000 g ANY ALITO ALLOWNEDAUTOS BODILYNJURY IPWPM-I $ SCHEDLSiDAUTOS I4IREDAUTOS BODILY INJURY (Paracdeen) > NON-CANED AUTOS p�RT@Y IDMAAGE S GARAGELIABSJTY ANYAUTO ALITO ONLY -EAACCIDENT $ OTHER THAN EAACC AUTO ONLY! AGO $ $ B EJCCESSIUMBRELLALIABLITY X I OCCUR CLAIMS MADE BE013021333 12/31/2009 12/31/2010 EACH OCCURRENCE $1,000,00 AGATE S 1 5 ¢ DEDUCTIBLE oTH wDSTATU - - s RETENTION s WORKERS COMPENSATION AND E.L.EALHACCIDENT S EMPLOYERS'LIABILRY E.LDISEASE•EAEMPLOYEE S ANY PROPRIHORIPARTNERfMCUTIVE OFFICERIMEMBEREXCLUDED? E.LDISEASE•POLICYLIMIT $ IIyec rew"1eIIltlef SPEC pROVISIONSbebw OTHER DESCRIPTION OF OPERAVONSI LOCATIONS! VEHICLE61 EXCLUSIONS ADDED BY ENDORSEa6NTISPECIAL PROVISIONS Cept 10 days notice of cancellation for non payment of premium. ertificate Holder is Additional Insured and Primary Non - Contributory Wording applies with respects to General iability per attached form ICO2010 11/85. A Waiver of Subrogation applies to General Liability per form #CG2404 0/93. Additional insured & Waiver of Subrogation applies to Automobile Liability per attached form CA7068 08 05. ditional Insured: The City, its officers, officials, employees, agents and volunteers. RSI 10 -01 Residential Sound Insulation Program - Group 40 CHRTIFICATE KVLUCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BE FO TION DATE THEREOF, THE ISSUING INSURER City of E1 Segundo WILL MAIL 30 DAYS WRITTEN City Clerk CERTIFICA HOLDER NAMED TO THE LEFT, Now 350 Main Street E1 Segundo CA 90245 AUTHORIZEDREPRESENTATIVfi , ! fAD0 yt ACOR ^n ^QOnn9AnnIMIMN ACORD 2S (2001108) O 4049 - " IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2007105) U 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, CONTRACTORS - (FOR M This endorsement modifies insurance provided under the following: COMMERCIAL_ GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket where required under written contract LESSEES OR B) (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. It is further agreed that such insurance as is afforded by the policy for the benefit of the additional insureds shall be primary insurance, but only as respects any claims, loss or liability arising out of the Named Insured's operations and any insurance maintained by the additional insured shall be non- contributing. CG 2010 PIC 111186 Page 1 of 1 POLICY NUMBER:43926117 -01 COMMERCIAL GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: State of Arizona (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 n I 0 i6 COMMERC17AV AU O ` THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXPANDED PLUS COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1, BUSINESS AUTO COVERAGE FORM CA 0001 IS MODIFIED AS FOLLOWS: SECTION Il - LIABILITY COVERAGE, item A. 1. Coverage, Who Is An Insured is amended to include the following additional para- graphs: d. Any legally Incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured' does not include any subsidiary that is an 'insured" under any other liability policy or would be an "in- sured" under such a policy but for its termination or the exhaustion of its limits of insurance. e. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or a majority interest. How- ever, coverage underthis provision: (1) noes not apply if the organization you acquire or form is an "insured" under another liability policy or would be "insured' under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "properly damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 180 days after you acquire or form the organ- ization or until the end of the policy period, whichever comes first. f. Any person or organization with whom you agreed in writing in a contract, agreement or permit, to provide insur- ance such as is afforded under this pol- icy. SECTION II - LIABILITY COVERAGE, sub- paragraphs (2) and (4) of item A. 2. a. Cover- age Extensions, Supplementary Payments are deleted and replaced with the following: (2) Up to $5,000 for cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "accident' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 per day be- cause of time off from work. SECTION II - LIABILITY COVERAGE, B. Ex- clusions, S. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto' you own or hire. SECTION III - PHYSICAL DAMAGE COVER- AGE is amended as follows: Item A. 4. Coverage, Coverage Extension is deleted and replaced with the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for transporta- tion expense incurred by you be- cause of the total theft of a covered 'auto' of the private passenger type. We will pay only for those covered 'autos' for which you carry either Comprehensive or Specified Causes of LASS Coverage. We will pay for transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss." b. Personal Effects This provision only applies if the We will pay up to $500 for the "loss" of your personal effects that are written contract or agreement has contained in a covered 'auto" due to been executed permit has been the total theft of the covered "auto." Issued, prior to the "bodily injury" or We will pay only for those personal "property damage'. effects that are contained in covered g. Any "employees" of yours while using a "autos' for which you carry either covered "auto" you do not own, hire or Comprehensive or Specified Causes borrow that "auto ". of toss Coverage. CA 70 68 08 05 Page 1 of 3 4049.6. our payment for loss of or damage trical system, in or upon the covered to personal effects will apply only on 'auto "• an excess basis over other collect- Item C. Umits Of Insurance, Is amended to ible insurance. Include the following: li w A. Coverage, is amended to include the 3. For those businesses not shown in the foilrr�ing additional coverage items: Declarations as "auto" dealerships, the We will pay the expense of returning a stolen following provisions also apply: covered "auto" to you. a. In the event of a total loss to a oov- 5. Hired Auto Physical Damage Bred "auto ', secured by an original lease or ban agreement, in which If Comprehensive, Specified Causes of the cost of repairs pins the sahrage Loss, or Collision coverages are pro- value exceeds the actual cash value vlded under this policy, then we will pro- at the time of 'loss'. the most we will vide the same coverages) for those pay is the greater of: "autos" that you lease, hire, rent or bor- row from others. The most we will pay (1) The actual cash value of the for arty one "accident" or "loss' is $50,000 covered "auto" at the time of or Actual Cash Value or Cost of Repair, 'loss'; or whichever is less, minus a deductible for each covered "auto" that is equal to the (2) The amount you owe under the largest deductible on the schedule of terms of the original lease or "autos" applicable to any owned "auto" loan agreement to which the for that coverage. No deductible applies covered "auto' is subject, re- to "loss" caused by fire or lightning. duced by: 6. Fire Department Service Charge (a) Overdue payments and as- sociated financial penalties When a fire department is called to save as of the date of "loss '; or protect a covered 'auto', its equip- mert, its contents, or occupants from a (b) The transfer or rollover of a covered cause of loss, we will pay up to previous outstanding lease $1,000 for your liability for fire depart- or ban balance from an- ment service charges: other vehicle to the original lease or loan for the cov- (1) Assumed by contract or agreement ered "auto'; prior to loss; or (c) The dollar amount of any (2) Required by local ordinance. unrepalred damage which occurred prior to the date No deductible applies to this additional of a total loss, in which the coverage. cost of repairs plus the sal - Under Paragraph B. Exclusions the following vage value exceeds the ac- is added: tual cash value; Mechanical breakdown does not apply to (d) All refunds paid or payable the accidental discharge of an airbag. to you as a result of the early termination the Item B. Exclusions, Is amended to include the (ease or ban agreement nt or, following: to the extent financed, as a Exclusions 4.c. and 4.d. do not apply to: result of the early termi- nation of any warranty or c. Cellular telephones and accessories extended service agree - "; used with such equipment, provided ment on the covered "auto such equipment is permanently in- "auto" (ej Financial penalties imposed stalled in the covered at the under the lease agreement time of the "loss" or such equipment for high mileage, excessive is removable from a housing unit use or abnormal wear and which is permanently installed in the sear; and covered "auto" at the time of the 'loss', and such equipment is de- (f) Nonrefundable security de- signed to be solely operated by use posits of the power from the "auto's" elec- CA 70 68 08 05 Page 2 of 3 Item D. Deductible is deleted and replaced with the following: D. Deductible For each covered "auto ".. our obligation to pay for, repair, return or replace dam- aged or stolen property will be reduced by the applicable deductible shown In the Declarations. 1. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. 2. Any Collision Coverage deductible amount shall not apply to loss caused by collision between your covered "auto" and an "auto ", other than a covered "auto ", provided: a. The loss to the covered 'auto' is greater than the deductible amount; and b. The owner or operator of such other "auto" has been identified; and c. The owner or operator of such other "auto" Is legally liable for the loss to your covered "auto;" and d. There is a valid Property Dam- age Liability Insurance Policy applicable at the time of the ac- cident with respects to the per- son or organization legally responsible for such loss to the covered "auto." 3. No deductible shall apply to glass damage If the glass Is repaired rather than replaced. 40 SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: Item A. Loss Conditions, 2. a. Duties In The Event Of Accident, Claim, Suit Or Loss is amended to include the following paragraph: This requirement applies when the "acci- dent," claim, "suit" or "loss" is first known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; or (3) An executive officer or insurance man- ager, if you are a corporation. The following is added to Item 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right or recovery we may have against any person or organization for whom you are required in a written contract or agreement to include a waiver of transfer of rights of recovery against others to us, be- cause of payments we make for injury or damage done under a contract with that per- son or organization. Item B. 2. General Conditions, Concealment, Misrepresentation Or Fraud is amended to include the following additional paragraph: If you unintentionally fail to disclose any haz- ards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. Item B. 7. General Conditions, Policy Period, Coverage Terribry is amended to include the following additional paragraph: e. For short-term (30 days or less) hired autos, the coverage territory is anywhere in the world, provided that if the in- sured's responsibility to pay damages is determined in a "suit," that "suit" is brought in the territory described in Items 7a. - d. CA 70 68 08 05 Page 3 of 3 . a, , 4 POLICYHOLDER COPY NG STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 02 -19 -2010 CITY OF EL SEGUNDO NG 350 MAIN ST EL SEGUNDO CA 90245 -3813 GROUP: POLICY NUMBER: 1798764 -2009 CERTIFICATE 4 E CERTIFICATE EXPIRES: 10 -01 -2010 10-01- 2009/10 -01 -2010 JOB:RSIP - GROUP 40 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 10 days advance written notice to the employer. We will also give you 10 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. tTHORIDZED REPRESENTATI PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - CHRISTINE WAY PRIES - EXCLUDED. ENDORSEMENT #1600 - CHARLES GOODBALLET VP - EXCLUDED. ENDORSEMENT #1600 - JAMES GOODBALLET VP - EXCLUDED. ENDORSEMENT #2001 ASBESTOS CERTIFICATION EFFECTIVE 10 -01 -2009 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER G & G SPECIALTY CONTRACTORS,INC 4633 S 36TH ST PHOENIX AZ 85040 NG [P1 C,NGj PRINTED : 02 -19 -2010 (REV.2 -05) NOT TRANSFERABLE BUSINESS LICENSE 10708 DATE PAID 12/28/2009 TAX CODE 222 DBA's: BUSINESS NAME ATTENTION MAILING ADDRESS CITY AND STATE OR (, gif 8 4 g.,. POST IN A CONSPICUOUS PLACE i CITY OF EL SEGUNDO f BUSINESS LICENSE CERTIFICATE EXPIRATION DATE This business registration fee document does not constitute a permit to engage in any business. 12/31/2010 In appropriate cases when required by City ordinance a separate permit is issued. BUSINESS LOCATION IN EL SEGUNDO Out of City Business G &G SPECIALTY CONTRACTORS INC 4633 S 36TH ST PHOENIX, AZ 85040 -2955 BUSINESS TYPE Contractor-Gen/Elect/Plumb