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CONTRACT 4005 Public Works Contract CLOSED4005. N PUBLIC WORKS CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND GUERRERO BACKHOE SERVICE, INC. This CONTRACT is entered into this 6T" day of October, 2009, by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation ( "the City ") and Guerrero Backhoe Service, 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 ail 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 twenty thousand four hundred ten dollars ($20,410.00) 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 twenty (20) working days (the "Contract Time. ") 4005 -.IA B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor may not perform any Work until: 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. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third - party claim. 6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 2 4UU5•..A 9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The Cily Dana Greenwood, Public Works Dir. City of El Segundo 350 Main Street El Segundo, CA 90245 Attn.: Dan Garcia, Asst. City Engineer The Contractor Adalberto Guerrero, President Guerrero Backhoe Service, Inc. 331 E. Cedar Street Ontario, CA 91761 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other 3 CNA 10/15/2009 10:02:17 AM PAGE 1 /001 Fax Server 4005. STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FUNCISCO AMENDED Certificate of Authority N:' 347'2 Tun Is To CEnrarr, That, pursuant to the Insurance Code of the State of Catif arrda, WESTERN SURETY COMPANY of SIOUX FALLS, SOUTH DAKOTA , organized under the laws of SOUTH DAKOTA . subfed to its Articles of Incorpomtfon or other fundamental organisational documents, it hereby authorized to transact within this State, subject to all proofsfons of this Certt(rcate, the follauAng classes of kuwmee: SURETY and LIABILITY as Sf1L'il daases are now or may hereafter be def rwd i.-r the Innnuacs bass of the State' of Califo :da. Tim CmrnFZcu+zte to esprwdy conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in ofolittion of any, of the applicable laws and lawful requirements made under authority of the tacos of the State of California as long as such low or requirementa are in effect and applicable, and as such laws and requiremante rim are, or may hereafter be changed or amended. IN Wn W=5 W113MrsoF, eff ectMe as of the — .21ST._._...... day of, rtARQL ,192 5_ I have hereunto set my hand and caused my a icial seal to be affixed this_21ST ------ day of - -_ MARCH , 1875 Fee WESLEY J. KINDER lae,wee. Connnlwtons Roc. No. Fled By NOTICE. Qualification with the Secretary of State must be accomplished as required by the Cahfomk Corporations Coda promptly alter iscuatue of this Certificate of Authority. Failure to do so will be a violation of Ins. Code Sec. 741 and wilt be grounds for revolting this Certificate of Authority pursuant to the oovenaats made in the appliestion therefor and the conditions contained hereto FD,M Ce•y tm..w ..n .00 our m ow 4005•. .. 2 orginials LABOR AND MATERIALS BOND Bond No. 7081 4244 Bond Fee: $ 612. 0 0 (JUERRERO BACKHOE SERVTCE P TNC , as principal ( "PRINCIPAL") and WESTERN SURETY COMPANY , a corporation incorporated under the laws of the State of South Dakota 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$ 20, 4MLO WS, which is a minimum one hundred percent (100 %) of the contract, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. 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 erformance of the work contemplated in El Segundo SPECIFICATIONS NOW 9 Oklic Project'), the public works contract executed for such Public Project, and for all work or labor of any.kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ( "Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAINING FILE NO. ), which are made a part of this bond when • said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPALwill pay all contractors, subcontractors, and persons renting equipment. 3. PRINCI PAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code CESMC "). Spe t edons- PmJ"iPW LshorAftrbb Bond ( 1 107) I—F— ` 4005 . , . 5. SURETY; for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW , or of the obligation to be performed will in any way affect its obligation on this bond, and it waves notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 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 +1 5t:h day of Octo er 24._.0 -9• es rn Suret -y Company PRINCIPAL's PRESIDENT SURE 's Px -e PRINCIPAL's SECRETARY SURETY'S U fit Mi attorney -in -fact Donna Fae Fiedler PRINCIPAL's MAILING ADDRESS: SURETY'S MAILING ADDRESS: PO Box "4147 nn Rnx Sn77 Ontario CA 917.61 G n,iix Fes] ]s, GT) 5711 7 -5077 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. LABOR AHD MATERIALS WHD FF2 M272MI I- F-2 re... CNA 10/14/2009 2 :38:31 PM PAGE 2/004 Fax WY U J e Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 70814244 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Sioux Falls, South Dakota (the "Company "), does by these presents make, constitute and appoint DONNA FAE FIEDLER its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Guerrero Backhoe Service, Inc. Obligee: City of E= Segundo Arnount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s) -in -fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undcrtaldngs, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature. of any such nffirer and the corpnrate seal may he printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 14 2616 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its cojRWW4jpg0 to be affixed this 14th day of Oc =giber 2009 r.'*sf WEST R SURE COMPANY -e Paul T. Bruflat/Senior Vice President " ST6fiQFJ'�13•E�TA -tf• 1 v ss COUN��SF: t an• On this 14th day of October , in the year 2009 , before me, a uuLary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +�N��htilMtiyti�rti����Y \ \N i D. KRELL i NOTARY PUBLIC � Notary Public -South Dakota I (M80UTH DAKCTA f 4ar�rti�atirawa..ratirti�ti►ar My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Powys of Attorney is in full force and effect and is irrevocable, and $uthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attnrney i4 now in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 14th day of October 2009 WEST R SURE COMPANY 7 !. Paul T. Brufla " nior Vice President Form F5306- 9.2006 CNA 10/14/2009 2 :38:31 PM PAGE 1/004 Fax 4Sgre . U ❑ Acknowledgment of Principal © Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA COUNTY OF SAN 13ERNARDINO j On /d% s –le before me, / "' ii'►iiy date here insert name and title of the officer pursotially appeared DONNA FAE FIEDLER name(s) of aigns.r(a) r 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. –6 MINDY am"" SUZANNE 6 b ppyiS Commission #t 1860481 WITNESS n hand and official se i—OMY Notary Public - California San Bernardino County Signature U ��•- -- (Seal) Comm. E Tres Au 8, 2013 (The balance of this page is intentionally left blank.) Western Surety Company Form 1900 - 1.2009 to 4005 . 2 Originals FAITHFUL PERFORMANCE BOND Bond No. 7081 4244 Bond Fee: $612.00 GUERRERO BACKHOE SERVICE, INC. ( "PRINCIPAL') and WESTERN SURETY COMPANY , a corporation incorporated under the laws of the State of linty iTH DAKOTA 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 oS 2 0, 41 (110KOLARS, which is a minimum one hundred percent (100 %) of the contract amount, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW09 -1 2, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or -SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties; or deficiencies arising by reason of such default. BOND CONDITIONS T. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. , a copy of which is on file with CITY's Engineering Division ( "Public Project "). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. ) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPALwill guarantee its work against any defectivework, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code CESIVIC "). Sa.caco6ens— Prdeds;PN F.ihlul P*riO MM= Bond : ! 'AS) I -E -1 .40 0 5 • . . . 5, SURETY, for value received, agrees that no changes, extensions of time, alteration _ or modification of SPECIFICATIONS NO.Pw09 -12 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of,attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California.Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7.. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 1 ;t- h day of October , 20 09 PRINCIPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL'S MAILING ADDRESS: PO Box 4147 Donna Fae Fiedler SURETY's MAILING ADDRESS: NOTE: (1) ALL signatures must be acknowledged by a notary public, Return two (2) originals to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. SpacPC.lone- Protecaw'N F.IUdvI P•�nn.neo 9cnd (/IC3� ' I -E -2 CNA 10/14/2009 2:38:31 PM PAGE 2/004 Fax 4 U1 5 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No. 7081444 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal office in Siowx Falls, South Dakota (the "Company'), does by these presents make: constitute and appoint DONNA FAE FIEDLER its true and lawful attorney(s)-in -fact, with full power and authority hereby conferred, to execute, acknowledge and deliver for and on its behalf as Surety, bonds for: Principal: Guerrero Backhoe Service, Inc, Obligee: City of E-- Segundo Amount: $500,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be •exccutcd in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any sneh nffirer and the norpnrata seal may he printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of October 14 2 01 0 , but until such time shall be irrevocable and in full force and effect. In Witness Whereof, Western Surety Company has caused these presents to be signed by its Senior Vice President, Paul T. Bruflat, and its coq; gjVAltobeafixedthis 14th day of Ccsober , 2009 UR WEST R SURE COMPANY 7 Paul T. Brufla nior Vice President COUIYft�� 0 On this 14th day of October iu the year 2009 , before roe, a notary public, personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. +tititi�ti�M►hM1�•VVV�rS4ti•K { + D. KRELL NORY PUBLIC 80VrH DAKCrrA Notary Public -South Dakota I�G My Commission Expires November 30, 2012 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable, and furthermore, that Section 7 of the bylaws of the Company a_-- set, fnrth in the Pnwer of Attorney is nnw in force. In testimony whereof, I have hereunto set my hand and seal of Western Surety Company this 14th day of October 2009 . Form F5306- 9.2006 WEP SURE COMPANY Paul T. Brufla enior Vice President CNA 10/14/2009 2:38:31 PM PAGE 1/004 Fax S�r e� c ❑ Acknowledgment of Principal ❑X Acknowledgment of Surety (Attorney -in -Fact) STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO j ss / On J before me, AM)y fp2"h'hL j)*lJ 1�UhwY �h /C✓; date here insert name and title of the officer personally appeared DONNA FAE FIEDLER name( =) of signer(s) 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1;;; MINDY SUZANNE —DAVIS VCITIJESS t and and official seal. Commission # 1860481 Notary Public - California Signature �� (Seal) San Bernardino County M Comm. Expires Aug 8, 2013 (The balance of this page is intentionally left blank.) Western Surety Company Form 1900 -1 -2009 1&a , coYz - CERTIFICATE OF LIABILITY INSURANCE OPID D DATE(MMIDOMM) G[TaRR -G 2 10/16/09 PRODUCER THIS CERTIFICAM 13 ISSU AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CALWAY - Ontario HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2515 S. Rucl id Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ontario CA 91761 8hone:909- 456 -3808 Fax:909- 460 -1252 INSURERS AFFORDING COVERAGE NAIC0 INSURER A: 1p� 4 INSURER B: resTreG Rackhoe Services INSURER C: 12 BCx7 INSURER C. Ontario CA 91761 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 16 SUBJECT TO ALL THE TERMS, EXCLUSION$ AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NSA[ TYPE OF INIURANC$ POLICY NUMBER PAW LMBTB 350 Main Street GENERALUASRITY RUTH A 81 Segundo CA 90245 EACH OCCURRENCE f2, 000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR T33D 10/16/09 10/16/10 PREMISES Eaomurana 150,000_ MED EXP (Any one parson) f 5000 PERSONAL S ADV INJURY $1,000,000 GENERAL AGGREGATE s2 1 0001000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F PRO. LOC PRODUCTS•COMP/OPAGG s2,000,000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea aoddW) s2,000,000 X ALL OWNED AUTOS SCHEOULED AUTOS BODILY INJURY (Par parson) 1 B X X HIRED AUTOS NON -OWNED AUTOS YCFICV2960344 -00 02/11/09 02/11/10 BODILY INJURY (Par aoddenl) f PROPERTY DAMAGE (Per aoiddaru) f GARAGE LU1$IUTY AUTO ONLY • EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC i i AUTO ONLY: AGO C EXCESS /UMaRELLAIIAMLITY X OCCUR CLAIMS MADE TBD 10/16/09 10/16/09 EACH OCCURRENCE 51,000,000 AGGREGATE $1,000,000 i DEDUCTIBLE S RETENTION f 1 COMPENSATION IS AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVQ---I PECWORKERS OFFICERIMEMBER EXCLUDED? (Manda" In NH) If yyas, AL PR a undo IAL PROVISIONS below TORY LIMITS ER E.L. EACH ACCIDENT 1 E.l. DISEASE • EA EMPLOYE f E.L. DISEASE • POLICY LIMIT f OTHER DESCRIPTION OF OPERATION$ I LOCATIONS I VEHICLES I EXCIUMONI ADOSD BY MDOR$BMSNTI SPECIAL PROVIMONI REF: Maple At nash Storm Drain The City Of 81 Segundo, its officers, officials, employees, agents and volunteers are included as additional insureds, but only as respects operations of the insured under written contract with the insured. Coverage is primary and non - contributory CERTIFICATE HOLDER CANCELLATION ACORD 26 (2009/01) . All rights meamd. Ttw ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE OBIOIIMED POLICISB BE CANCELLED BEFORE THE SXPIRATKNI DATE THEREOF, THE ISSUING WOURMt WILL MOBAIIBR XQM & 30 DAYS WNRTEN City Of Sl Segundo NOTION TO THE OERTIFICATB HOLDER NAMED TO THE LEFT, 01 'W6ZQAQAQAMU Public Works Dan Garcia Asst City Zng 350 Main Street RUTH A 81 Segundo CA 90245 ACORD 26 (2009/01) . All rights meamd. Ttw ACORD name and logo are registered marks of ACORD 4405. Ad a ,s '' NOTEPAD: d x : R �� II II�3U Rl3 l�tr 3 : Re: "all operation" or "project specific" Commercial General Liability Insurance applies to operations performed away from The Project Location. _ 4005 0- - J. 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 This Certificate of Insurance 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 (2009101) INSURED NAME: Guerrero Backhoe Services POLICY NUMER: TBD 4005. COMMERCIAL GENERAL LIABILIITY 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. SCHEDULE Name of Person or Organization: City of El Segundo Planning & Building Safety Re: All operations (I ['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. Prnnary /N oil -Con tributory Clause Such insurance afforded by this policy for the benefit of the additional insured shall be primary insurance but, only with respect to any claim, loss or liability arising out of this operation of the named insured; and any insurance maintained by the additional insured's shall be non- contributing. 30 -day Cancellation Notice It is understood and agreed that in the event of cancellation of the policy for any reason other than non- payment of premium, thirty (30) days written notice will be sent to the following by mail: City of El Segundo Planning & Building Safety Louis Morales, Project Consultant 350 Main Street El Segundo, CA 90245 CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 40{}x- INSURED NAME: Guerrero Backhoe Services COMMERCIAL GENERAL LIABILIITY POLICY NUMER: TBD 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, SCHEDULE Name of Person or Organization: City of El Segundo Public Works Department Re: All operations (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. Primary/Non- Contributory Clause Such insurance afforded by this policy for the benefit of the additional insured shall be primary insurance but, only with respect to any claim, loss or liability arising out of this operation of the named insured; and any insurance maintained by the additional insured's shall be non- contributing. 30 -day Cancellation Notice It is understood and agreed that in the event of cancellation of the policy for any reason other than non - payment of premium, thirty (30) days written notice will be sent to the following by mail: City of El Segundo Public Works Department Dan Garcia, Assistant City Engineer 350 Main Street El Segundo, CA 9024 CG 20 10 It 85 Copyright, Insurance Services Office, Inc., 1984 10/14/2001 08:34 FAX 4005,,, CERTHOLDER ::OPY SJ STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142 -0807 COMPENSATION INSURANCE FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-14 -2009 GROUP: POLICY NUMBER: 1092824 -24 011 CERTIFICATE ID: 2 CERTIFICATE EXPIRES: 10 -01 -2014 10-02- 2009/10 -01 -201( CITY OF EL SEGUNDO Sri 3SO MAIN ST EL SEGUNDO CA 90245 -3813 This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approve I 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 mitten notice to th employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expirat m. This certificate of insurance is not an insurance policy and does not amend extend or alter the coverag, ifrorded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other ( :;cument with respect to which this certificate of insurance may be issued or to which it may pertain, the insuran a. afforded by the policy described herein is subject to all the terms, exclusions. and conditions, of such I nlicy. 7HORIZED REPCRVESENTATI46J PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ATTACHED ETO AND /FORMS ENTITLED OF THIS POLICY. NAME OFEADDITIONALEINSURED: -14 IS CITY OF EL SEGUNDO ENDORSEMENT #1000 - GUERRERO, RENE SECRETARY - EXCLUDED. ENDORSEMENT #1800 - GUERRERO, ELGIN CFO - EXCLUDED. ENDORSEMENT #1800 - GUERRERO, ADALBERTO PRESIDENT - EXCLUDED. EMPLOYER GUERRERO BACKHOE SERVICE INC SJ PO BOX 4147 ONTARIO CA 91781 (PAR : :S] PRINTED : 10- 142009 IRE V.2- 0a) .JCOR� CERTIFICATE OF LIABILITY INSURANCE OPID DG 2 DATE (MM/DDr YY) �' GOERR - 10/16/09 PRODUCER THIS CERTIFICATE 13 ISSUIF AS A NATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CALWAY - Ontario HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2515 S. Euclid Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ontario CA 91761 Phone:909- 456 -3808 Fax:909- 460 -1252 INSURERS AFFORDING COVERAGE NAIC0 INSURED INSURER A Navigators Insulvanoa crap my G INSURER B: rtnaneLal Indsnni /Unitrin _ llerrer0 Saokhoe Services Elgin Guerrero INSURER C: P O BOX 4147 INSURER D: Ontario CA 91761 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N LT NSA[ TYPE OF INSURANCE POUCY NUMBER DA Dan Garcia Asst City Eng LIMIT? 350 Main Street A GENERAL LIABILITY EACH OCCURRENCE s2 000,000__ A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR TBD 10/16/09 10/16/10 PREMISES(Es o=fence) $50,000 MED EXP (Any one person) s5000 PERSONAL S ADV INJURY s 1 000 000 _._ GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- PRO- 7 LOC PRODUCTS - COMPIOPAGG s2 000 000 AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Es seddent) s2,000,000 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ B X X HIRED AUTOS NON -OWNED AUTOS IPCFICV2960344 -00 02/11/09 02/11/10 BODILY INJURY (Per accident) s PROPERTY DAMAGE (Persoddent) $ GARAGE LIABILITY AUTO ONLY • EA ACCIDENT s ANY AUTO R OTHER THAN EA ACC S I AUTO ONLY: AGO s C EXCESS / UMBRELLA IJABIUTY X OCCUR CLAIMS MADE TBD 10/16/09 10/16/09 EACH OCCURRENCE S 1,000,000 AGGREGATE s 1 000, 000 s DEDUCTIBLE s RETENTION s s WORKERS COMPENSATION 0-6 AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEL] OFFICER/MEMSER EXCLUDED? )Mandatory In NH) If yu, deaalW under SPECIAL PROVISIONS below TO LIMITS ER E.L. EACH ACCIDENT s E.L. DISEASE - EA EMPLOYEE s E.L. DISEASE - POLICY LIMIT s OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES I EXCLUSIONS ADDBD MY WOORSEMBNT I SPECIAL PROVISIONS REF: Maple At nash Storm Drain The City Of El Segundo, its officers, officials, employees, agents and volunteers are included as additional insureds, but only as respects operations of the insured under written contract with the insured. Coverage is primary and non - contributory •- -•• - -- ------- r — lino- sVVi^—m%Y u%."%rvr%A I IVIY, All ngnas TBBBrvea. The ACORD name and logo are reglatered marls of ACORD SHOULD ANY OF THE ABOVE ONSOIBBSO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERROP, THE IEWINO W WRER WILL W NLWQR T"" 30 DAYS WRITTEN City Of El Segundo N NOTICE TO THE CERTIFICATE MOLDER NAMED TO THE LEFT, 0MiBSS1 —an .9.uu 1 Dan Garcia Asst City Eng 350 Main Street A AUTN A ------- r — lino- sVVi^—m%Y u%."%rvr%A I IVIY, All ngnas TBBBrvea. The ACORD name and logo are reglatered marls of ACORD V71�� .Uia7ISM1i�y+taa171rA�71k1s°° . _ Re: "all operation" or "project specific" Commercial General Liability Insurance applies to operations performed away from The Project Location. 4005 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 This Certificate of Insurance 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 (2009101) 4005 INSURED NAME: Guerrero Backhoe Services COMMERCIAL GENERAL LIABILIITY POLICY NUMER: TBD THIS ENDORSEMENT CHANGES Tl -lE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS (FORM B) Phis endorsement modifies I11SUranCe provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of E1 Segundo Planning & Building Safety Re: All operations (I I' 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 11) is amended to include as an insured the person or organization shown III the SChedtde, but only with respect to liability arising out of "your work" for that insured by or for you. i=i mlary /Non- Contributory Clause Such insurance afforded by this policy for the benefit of the additional nsured shall be primary insurance but, only with respect to any claim, loss or liability arising out of this operation of the named insured; and any insurance maintained by the additional insured's shall be non - 0011111lbnt111g. 30 -day Cancellation Notice It is understood and agreed that in the event of cancellation of the policy for any reason other than non- payment of premium, thirty (30) days written notice will be sent to the following by mail: City of El Segundo Planning & Building Safety Louis Morales, Project Consultant 350 Main Street El Segundo, CA 90245 (_6 20 10 1 1 85 Copyright, Insurance Services Office, Inc., 1984 INSURED NAME: Guerrero Backhoe Services COMMERCIAL GENERAL LIABILIITY POLICY NUMER: TBD 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. SCHEDULE Name of Person or Organization: City of El Segundo Public Works Department Re: All operations (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. Primary/Non- Contributory Clause Such insurance afforded by this policy for the benefit of the additional insured shall be primary insurance but, only with respect to any claim, loss or liability arising out of this operation of the named insured; and any insurance maintained by the additional insured's shall be non- contributing. 30 -day Cancellation Notice It is understood and agreed that in the event of cancellation of the policy for any reason other than non - payment of premium, thirty (30) days written notice will be sent to the following by mail: City of El Segundo Public Works Department Dan Garcia, Assistant City Engineer 350 Main Street El Segundo, CA 9024 CG 20 10 l 185 Copyright, Insurance Services Office, Inc., 1984 10/14/2001 08:34 FAX LA 002/W 4005 , y CERTHOLDER : :01"y STATE P.O. BOX 420807, SAN FRANCISCO,CA 84142 -0807 COMPENSATION IN S U R A N C K FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-14 -2009 GROUP: POLICY NUMBER: 1932824 -24 I)il CERTIFICATE ID: 2 CERTIFICATE EXPIRES: 10 -01 -2014 10 -02- 2009/10 -01 -2014 CITY OF EL SEGUNDO SJ 3s0 MAIN ST EL SEGUNDO CA 90245 -3813 This is to certify that we have issued a valid Workers Compensation insurance policy in a form approve I 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 th employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expirat :in. This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage i fforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other ( :)t:ument with respect to which this certificate of insurance may be issued or to which it may pertain, the insuran is afforded by the policy described herein is subject to all the terms, exclusions. and conditions, of such I t:41icy. THORIZED REPWRESENTATIk6i PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ATTACH ED To ENTITLED OFTTHISLPOLICY. NAMELOFEADDITIONALEINSU -14 IS RED CITY OF EL SEGUNDO ENDORSEMENT #1600 - GUERRERO. RENE SECRETARY - EXCLUDED. ENDORSEMENT #1600 - GUERRERO. ELGIN CFO - EXCLUDED. ENDORSEMENT #1600 - GUERRERO, ADALBERTO PRESIDENT - EXCLUDED. EMPLOYER GUERRERO BACKHOE SERVICE INC Sd PO BOX 4147 ONTARIO CA 91761 [PAR ::SJ PRINTED : 10- 14'2009 (REV.x -051 SJ