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CONTRACT 3616 CLOSED, Contract Number: 3616 RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND PROFESSIONAL BUILDING CONTRACTORS, INC. This contract is entered into this 20'' day of June, by and between the City of El Segundo, a general law city and municipal corporation ( "the City ") and Professional Building 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 One million, thirty -eight thousand, seven hundred eighteen dollars and zero cents ($1,038,718.00) 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 one hundred and forty five (145) calendar days (the "Contract Time. ") Residential Sound Insulation Program 1 Group 10 Construction Contract (06/20/2006) Contract Number: 3616 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 10 Construction Contract (06/20/2006) El. Contract Number: 3616 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 James S. O'Neill City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 The Contractor Richard J. Williams Professional Building Contractors, Inc. 125 Sheldon Street El Segundo, CA 90245 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 10 Construction Contract (06/20/2006) Y 01 �SCCU'�Q Contract Number: 3616 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 10 Construction Contract (06/20/2006) GAT Y O� Contract Number: 3616 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 municcorporation. C Manager ATTEST: CONTRACTOR: Professional Building Contractors, Inc. By: "A—" Ric and J. ams President By: Taxpayer ID Cindy Tiorte en Number City Clerk Contractor State License Number APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY In Karl I. Berger, Assis ant City Attorney Contractor City Business License Number 7 51-3 Residential Sound Insulation Program 5 Group 10 Construction Contract (06/20/2006) 3616 • .4 FAITHFUL PERFORMANCE BOND Bond No. 0425123 Bond Fee:$13,887.00 ( "PRINCIPAL°) Professional Building Contractors, Inc. and International Fidelity; a corporation incorporated under the laws of the State of New Jersey 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 One Million - Thirty Eight Thousand-,'-,- ($1,038,718t.86llars, lawful money of the United States, which may be increased may 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. 'Insurance Company ^Seven Hundred Eighteen and no /100 - -- 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.'RSI 06- 011and 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 Contract No. 3616 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO.RSI 06 -0ih 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. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC'). b. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. RSI 06 -01br 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: FA1r=rr DF4R�1Q AAel1( Ll/Y1m 3616•..'j A. A certified copy of the appointment, power of attomey, 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 29th day of ,Tune , 20 06 Prof 'oral *13, in Contractors, Inc. Internati.ona F`i(ae�iity— Insurance Company l IPA4— By: :!Z;RETARY DE T SUR TY's PRE-SfE}Ef�t %Attorney-in-Fact, r t SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: 125 Sheldon Street El Segundo, CA 90245 SURETY's MAILING ADDRESS: 1575 Treat Boulevard, Suite 208 Walnut Creek, CA 94596 NOTE: ALL signatures must be acknowledged by a notary public. Retum two (2) originals to City Clerk's Office. PAIMI1.111 DFR1;r1RMAWr;:RnXM 7 Holly E. Ulfers 36 '1 6 , ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENT OF SURETY State of Washington County of King On this 29th day of June , 2006 , before me, Mary A. Dobbs personally appeared Holly E. Ulfers known to me to be the person whose name is subscribed to the within instrument as the Attorney -In -Fact of International Fidelity Insurance Company the corporation named as Surety in said instrument, and acknowledged to me that he /she subscribed the name of said corporation thereto as Surety, and his/her own name as Attorney -In -Fact. Witness my hand and official seal �.�` •.••'oN �Be' - -,, - = —► • (- Notary Public in and for the State of Washington PUBIC ' Residing in Seattle - -9�` .ds•1.•' Commission Expires 9 -15 -2007 3b#6•..J LABOR AND MATERIALS BOND Bond No. 0425123 Bond Fee:Included in Performance Bond cost Professional Building International Fidelity Contractors, Inc. as principal ( "PRINCIPAL ") and Insurance Company a corporation incorporated under the laws of the State of New Jersey and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unt� the CITY OF EL SEGUNDO ( "CITY ") in the sum of One Million - Thirty Eight ($1, 038 , i'dolPars, 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. *Thousand -Seven Hundred Eighteen and no /100 - - -- This bond is conditioned upon and guarantees payment nby'PRINCIPAL to co tando s, subcontractors, and persons renting equipment; pay y 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 Contract No 3616 ,SPECIFICATIONS NO. RS ;4061"Public 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. RSI 06 -04 , 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 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 CrT Y's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO .RsI 06 -04, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such , AD^D A MM% A AMDTw 1 C D/VJ91 3616. 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. SIIGNED AND SEALED this 29th day of June , 2006. Profes Tonal Bu.lding Contractors, Inc. International Fidelity Insurance Company By: PR IPAL's PRESID E T SURETY's PR-ESHDE -NT ` HIE. uife� ; ttorney -in -Fact PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: 125 Sheldon Street E1 Segundo, CA 90245 SURETY's MAILING ADDRESS: 1575 Treat Boulevard, Suite 208 Walnut Creek, CA 94596 NOTE: ALL signatures must be acknowledged by a notary public. Return two (2) originals to,City Clerk's Office. • ,616 . ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENT OF SURETY State of Washington County of King On this 29th day of June ) 2006 before me, Mary A. Dobbs personally appeared Holly E. Ulfers known to me to be the person whose name is subscribed to the within instrument as the Attorney -In -Fact of International Fidelity Insurance Company the corporation named as Surety in said instrument, and acknowledged to me that he /she subscribed the name of said corporation thereto as Surety, and his/her own name as Attorney -In -Fact. 0� Witness my hand and official seal ��' - -, ,,�`' :.••' •�Q NOTARy�'. Notary Public in and for the State of Washington : PU UG Residing in Seattle '., y •• ag 15 d�.•' ��. .,���0.,•�,•.\�``�, ''�•,,,����WASN��.� Commission Expires 9 -15 -2007 3616.. . FAITHFUL PERFORMANCE BOND Bond No. 0425123 Bond Fee:$13,887.00 ('PRINCIPAL-) Professional Building Contractors, Inc. and International Fidelity; a corporation incorporated under the laws of the State of New Jersey 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 One Million - Thirty Eight Thousand ($1,038,718y8811ars, lawful money of the United States, which may be inc eased 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. *Insurance Company *Seven Hundred Eighteen and no /100 - -- 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.'RSI 06-01 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 Contract No. 3616 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO.RSI 06 -01A 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. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law Including, without limitation, the El Segundo Municipal Code ( "ESMC'). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. RSI 06 -01br 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: 3616.. , A. A certified copy of the appointment, power of attomey, 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 29th day of ,Tune 20 06 Profe 'onal Bu i1 ing Co tractors, Inc. International Fi e ity— 'insurance Company By: jPRI IP US PR NT• ��UETY's PRE f TAttorney -in -Fact, Holly E. Ulfers PRINCIPAL'S ECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: 125 Sheldon Street El Segundo, CA 90245 SURETY'S MAILING ADDRESS: 1575 Treat Boulevard, Suite 208 Walnut Creek, CA 94596 NOTE: ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. rATmmii PFQFnRx4nurR fenvn 7 36 1 6 ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENT OF SURETY State of Washington County of King On this 29th day of June f 2006 .. before me, Mary A. Dobbs personally appeared Holly E. Ulf ers known to me to be the person whose name is subscribed to the within instrument as the Attorney -In -Fact of International Fidelity Insurance Company the corporation named as Surety in said instrument, and acknowledged to me that he /she subscribed the name of said corporation thereto as Surety, and his/her own name as Attorney -In -Fact. "••y �A . Witness my hand and official seal : •�\ioN A�s,,= �10TARy��: - Notary Public in and for the State of Washington = PUBLIC Residing in Seattle 1%' 9�• 09.15.0 Commission Expires 9 -15 -2007 3616., . LABOR AND MATERIALS BOND Bond No. 0425123 Bond Fee:Included in Performance Bond cost Professional Building International Fidelity Contractors, Inc. , as principal ( "PRINCIPAL ") and Insurance Company a corporation incorporated under the laws of the State of New Jersey and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bound unNlh&ars, he CITY OF EL SEGUNDO ( "CITY ") in the sum of One Million- Thirty Eight (S1,038 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. *Thousand-Seven Hundred Eighteen and no /100 - - -- 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 Contract No. 3616 , SPECIFICATIONS NO. RS�406� "Public 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. RSI 06 -04 , 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 DRAWING FILE NO. ) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, forequipment 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 ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO .RSI -06 -04 , or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such T . ono •.In if A ^MDIA i c nn *m 3616., 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. SIIGNED AND SEALED this 29th day of June 2006, Professional Bu'ldi1ng ontractors, Inc. International Fidelity Insurance Company P I AL's PAES, ID NT SURETY's RRESFDENT Hol E. Ulfers,, orney -in -Fact � rare PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL's MAILING ADDRESS: 125 Sheldon Street El Segundo, CA 90245 SURETY's MAILING ADDRESS: 1575 Treat Boulevard, Suite 208 Walnut Creek, CA 94596 NOTE: ALL signatures must be acknowledged by a notary public. Return two (2) originals to,City Clerk's Office. 3616. ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENT OF SURETY State of Washington County of King On this 29th day of June 2006 , before me, Mary A. Dobbs personally appeared Holly E. Ulfers known to me to be the person whose name is subscribed to the within instrument as the Attorney -In -Fact of International Fidelity Insurance Company the corporation named as Surety in said instrument, and acknowledged to me that he /she subscribed the name of said corporation thereto as Surety, and his/her own name as Attomey -In -Fact. • a Witness my hand and official seal ,,• •• ��s�oN (.• �r ,� � •�� �T,Qj i `f Vi 0TAR •' • - Notary Public in and for the State of Washington 0 PUBLIC �' Residing in Seattle s, y • .�•��.cs," Commission Expires 9 -15 -2007 • a O V /h�. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. INTERNATIONAL FIDELITY INSURANCE CO v SEAL s, 1904 STATE OF NEW JERSEY �Eay�p County of Essex '��/ �► Secre 3616..,, FAITHFUL PERFORMANCE BOND Bond No. 0425123 Bond Fee:$13,887.00 ( "PRINCIPAL') Professional Building Contractors, Inc, and International FidelLza corporation incorporated under the laws of the State of New Jersey 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 One Million- Thirty Eight Thousand -** ($1,038,71 881lars, lawful money of the United States, which may 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. 'Insurance Company Seven Hundred Eighteen and no /100 - -- 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.'RSI 06- 04and 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 Contract No. 3616 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. RSI_ 06 -0ik 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. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC'). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. RSI 06 -01br 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: RAM MI DFIIFl1D INaU! IIt�lYfm .5b16.,,, 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 29th day of ,Tune , 20 06 Profe Tonal Bui ding C retractors, Inc. International i e ity'— Tnsurance Company By: el P Cl AL's P l NT SU TY's PREGJDEENTAttorney -in -Fact, Holly E. Ulfers PRINCIPAL's SECRETARY SURETY's SECRETARY PRINCIPAL "s MAILING ADDRESS: 125 Sheldon Street El Segundo, CA 90245 SURETY'S MAILING ADDRESS: 1575 Treat Boulevard, Suite 208 Walnut Creek, CA 94596 NOTE: ALL signatures must be acknowledged by a notary public. Return two (2) originals to City Clerk's Office. I:ArMf'T11 DRR1:nU tAvrPnnvn 7 361 6 ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENT OF SURETY State of Washington County of King On this 29th day of June 1 2006 , before me, Mary A. Dobbs personally appeared Holly E. Ulf ers known to me to be the person whose name is subscribed to the within instrument as the Attorney -In -Fact of -International Fidelity Insurance Company the corporation named as Surety in said instrument, and acknowledged to me that he /she subscribed the name of said corporation thereto as Surety, and his/her own name as Attorney -In -Fact. Witness my hand and official seal ;.�`'�•Q'�oN�OAe<9d;- :j° NOTAR --0. 0 4— Notary Public in and for the State of Washington • PUBLIC • Residing in Seattle A�•'�,,'��`�� Commission Expires 9 -15 -2007 ''��.,,�FbygSN�����• °�� oil . . i 3616. , LABOR AND MATERIALS BOND Bond No. 0425123 Bond Fee:Included in Performance Bond cost Professional Building International Fidelity Contractors, Inc. . as principal ( "PRINCIPAL ") and Insurance Company a corporation incorporated under the laws of the State of New Jersey and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY "), are held and firmly bqund unt the CITY OF EL SEGUNDO ('CITY") in the SUM of one Million- Thirty Eight($1,038, 8d&ars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, forthe payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. *Thousand-Seven Hundred Eighteen and no /100 - - -- 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 Contract No. 3616 , SPECIFICATIONS NO. RS ;406 "Public 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. RSI 06 -04 , 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 DRAWING FILE NO. ) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO .RSI 06 -04 , or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such T •onv a%rn► A ATE D 1 AT C n^ktn 3616., 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. SIIGNED AND SEALED this 29th day of June , 2006. Professional Budding Contractors, Inc. International Fidelity Insurance Company PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: 125 Sheldon Street El Segundo, CA 90245 SURETY's PRESIDENT Hol E. Ulfers, rney -in -Fact SURETY's SECRETARY SURETY'S MAILING ADDRESS: 1575 Treat Boulevard, Suite 208 Walnut Creek, CA 94596 NOTE: ALL signatures must be acknowledged by a notary public. Return two (2) originals to,City Clerk's Office. • f 3616. ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENT OF SURETY State of Washington County of King On this 29th day of June , 2006 , before me, Mary A. Dobbs personally appeared Holly E. Ulfers known to me to be the person whose name is subscribed to the within instrument as the Attorney -In -Fact of International Fidelity Insurance Company the corporation named as Surety in said instrument, and acknowledged to me that he /she subscribed the name of said corporation thereto as Surety, and his/her own name as Attomey -In -Fact. Witness my hand and official seal �.�`° �.A p9a �� � •WeS10N�A�e� ���'. Notary Public in and for the State of Washington : PUBUG Residing in Seattle Commission Expires 9 0000 - '., �•'•'����'�:�� ��'��,,�F�WASN��•�` p -15 -2007 1 KNOW ALL MEN BY THESE PRESONTS: That INTERNATIONAL FIDELITY INSURANCE COWANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey; does hereby constitute and appoint MARY A. DOBBS, STEVEN W, PALMER, DAVID J. FORSYTH, HOLLY E. ULFERS Seatkle,' WA. ....... .. ...... its true and lawful attorney(s m -fact to execute seal and deliver for and on its behalf as surety, an 'and all bonds and undertakings, contracts of indemnity and other writings obligatory in e nature thereof, which are or may be allowed, required or etmitted by law, stature rule re ation contract or otherwise, and the execution of such instrument(s) in pursuance of these ':presents, shall be as binding upon the said INT�RNATIWNAL 'FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and ma be revoked pursuant to and by authority of Article 3- Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDIT ELY gSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney -in -fact and revoke the authority given. , Further this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. TY /�/J► IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be d G signed and its corporate seal to be affixed by.its authorized officer, this 29th day of August, A.D. 2003. - INTERNATIONAL FIDELITY INSURANCE CO / �s SEAL � STATE OF NEW JERSEY i ' p County of Essex - '!lYl Secre On this 29th day of August 2003, before me came the individual who executed the preceding instrument to the ppe�rsonallyy known and, being by me duly swum, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY �NSURANCE COMPWI; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Compa;cy: '000- Q.�1AFiQC� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, �ti 14 at the City of Newark, New Jersey the day and year first above written. NOTARY d 37_ * PUBLIC PBC HC Fax:310 -524 -0584 Rug 23 2 �5a PQ02110 —._. , . , .-,c ' -,=V 7 ,t Jill. 11i d�9b l7 -c OP ID DATE I)AWOOM" A-0- RD. CERTIFICATE OF LIABILITY INSURANCE ,�R9W_ 01/05106 �� � THIS CERTIFICATE IS ISSVE0 AS A MATTER OF INF011MATION M 00(X Insurance �QE'nCY, Inc. ONLY AND CONFERS NO R)GNTA UPON THE CERTIFICATE 10309 in 1rard street HOLDER. THIS CER71FJCATE DOES NOT AMEND, EXTEND OR >a - 0 . Box 1727 (9R041-1727) ALTER THP COVERAGE AFFORDED BY THE POLICIES BELOW. Botlsoll W. 98011 ➢hone:425_481'9007 rax:425- 489 -9947 — t►!`Z Rf9 Professional Building CO tract rQ, Inc ' K1 ogund0 CA 90243 INSURERS AFFORDING COVERAGE i +Na1C 9 N.;URCRA, Gemini Insurance CoinT—anY•_ N9UiiLA D IIni�Srd Insurance Comex NFUREN G NJUR D: -- EA COVEfiAQES THE FOL.CIES OF INWRApef US= '*LOW HAVF BE£N IARLIED 10 THt ir'J 0 NAIiGO ABOVE FOR IHF POIJC l PCR1W �tOKATti�. µf IVVr1 0 OR Aw mraLpA�!M- TERM On CONOTI IOM OW "Y CONTRA,C'T OR OTHER DOCUMENT tViTH HF.,.mECT TO VPfr_H Ti US CtATFICATE I4A'1 9E 14EiJED OR UAY KPTNN, 1HC WSURANC@ A4F090ED RY THE POLICIES O&VRf i) HLREIN A SUDJCCT 10 ALL THE TrMW t:XCI.U110N9 AND CONDMINS OF RUCH rrM.lrJ[S AGf4EO4Tc Lua0 4 SFII)Wtl 9[,Y tt,g DPt4 REDUCED pY PAID CL.AAQ. 1vE — 11m ADS PODGY NUW3ER D rE Nk/6D 0 wM Lt►uTs LTR N EOIIHAIRANC� EAr11DCCUR�CE a 1,000L000__ I OQIERAL LIAMny ( TVWMI= TUBER -11D— S 5000 i I 000 X CCIMECA crNEuL:Aau.IY VIGPOO6668 03/07/06 3/7/1 �PAFM4 g VLFP5(n(Ey a—autw�yr:) ) 1cL"u�^man4F- �X x`�P rEHGONAL6AW1NJURY 111,000,000 Or:GUR I C1,k"1S MADE I, I I DEGGCTI9LE I -- z QVI -kTION 1 Tnav �1 I I ER We"CRa COPIrE1 2-nAN &ND EA(:H AGC If1CNT S ANY PkOmR E70R1PAl11 t ERA cEGLl'tvE I F-L 013EAM - Fl.l-AIPLOVEi, I 0.'F fC• CruMLMLitJt f_Xi:WDED� — kbvh, yeerr uraA kl DinEAm: -POUCY L!WT r e rr:Ar 9090otOH.0 ""I'm J L t 11 I GxGILDfl ADO BY CNDCNiL T I 5CrP CLIL VMICL ErON OF Up[R O Cartifiosto holder and owners are included as additional 1Rauzed under gonezal liability r. E1 Segundo Group 10 per vZ0192 0304 attached. Includes waiver of Dubrnation c02404 1093 xttaaiaod . This insurenco is p=inary per VEO116 0102 attached. CERTIFICATE HOLDER City of I!1 9equndo 350 Main Street E1 Sagundo CA 90245 -3695 ACORD 25 (2001!08) CANCELLATION C ITYE L3 (;MOULD AM' of TMG Amve basmBFA ►ouol" 9F CARCEU•t!D BEruKh r nr K&rl —. MJw OATL yVQAGOF. THE MUNG &%URLR WILL Dt9dkYO*" "L 3 O DAYS WMTTLN W=E To TNi CeRT(fCATE NCIAtR NAMM To TId LINT, lP 0 ACORD CORPORATION 1 LrtNERAi ArCMAATC �s 2,000,000 � �I I�"'�I -- P PF*r)DUC13 • r- DI.t'IJP AGO I l• 2 r 000 , 000 I f I ' R 0401068 — 11 /Ol /OS 1 11/01 /06IIEwaoo100 Rm AKYAUTO i 0 000 y m INJUkY I �I ALA ovr1; oAUrGS 0 Pis ,�PeI 9C4*Coui•FD AMOS I I r r' Hf�EU A17i05 ( ( R ROrNLY N I � I I I f — J N i I r rROPERTY DAMAGE I i AUTO ONLY • GA ACC!t1CNT A -- �Orj7AO! UAMUTY CAAC — OT�JI THAN � S _ l ANN AtfM i i I I A AUTO rWp. ;ijC t UIUILRY I I I I I t tA,�ZCE'Tfl U J L t 11 I GxGILDfl ADO BY CNDCNiL T I 5CrP CLIL VMICL ErON OF Up[R O Cartifiosto holder and owners are included as additional 1Rauzed under gonezal liability r. E1 Segundo Group 10 per vZ0192 0304 attached. Includes waiver of Dubrnation c02404 1093 xttaaiaod . This insurenco is p=inary per VEO116 0102 attached. CERTIFICATE HOLDER City of I!1 9equndo 350 Main Street E1 Sagundo CA 90245 -3695 ACORD 25 (2001!08) CANCELLATION C ITYE L3 (;MOULD AM' of TMG Amve basmBFA ►ouol" 9F CARCEU•t!D BEruKh r nr K&rl —. MJw OATL yVQAGOF. THE MUNG &%URLR WILL Dt9dkYO*" "L 3 O DAYS WMTTLN W=E To TNi CeRT(fCATE NCIAtR NAMM To TId LINT, lP 0 ACORD CORPORATION 1 PBC ItIC. Fax:310 -52d -0584 Nub 230 1p1:3m, PiOa /�0 Ju 1. 05 Ca- a i : 2-Prl P2 FRON : t1E I P i l-ISURAI ICE C 111C. : 4? ? 991 I IMPORTANT If the certificate holder Is an ADDITIONAL INGURED, 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 endarsernent. A statement on this certificate does not confer rights to the certificate holder In lieu of st!ch endorsement (s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract betwr_en the issuing insurer {s), authorized representative or producer, and the certificate holder, nor does it afrrmatively or negatively amend extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) PBC MC Fax.310- 524 -0584 F-POM : MEIEF INSUPPt'10E AGENCY FRX NC. : 4: -'` 103 3'347 Jul Policy Nui-abcr: ViGP006666 luqured Name: pn(j- E,"10NAI, BUILDING CONTiuCTORS. INC., Number: 22 kig 23 2008 10.25am P004/008 05 2Ntah 04 : 2 3P I P3 3616. VC 0182 03 04 Effective bate: 0-1/011Z006 TM& E:NDORSEMEir'T CjLjOG LS 714E POLICY. PL1rASE READ IT c,ka nLY, BL,ANEET ADDITIONAL INSURED ENDORSEMENT t?�is cndorsement ntodifie� insurance proOded uh&I the f0flOWinS. CO?�,im:F.RCiAL. GENERAL LIABILITY CONIERACtE PAP.,r pRODCK`Y5/CUMPLETED OPERATIONS LIARTUTY COVERAGE PART A. Section II — Who is An Insurod is nmrndrd Ur Include as an insuMd any person ar ! organitz6on fur who- you are perfarrning cperations when you and such parson or ormizaticm have agreed in writtng in a Con=C or agrcemvnt that ',wolf person yr orpnization ba added as an additiona; insured an your policY Such person or organi2arion is an additional itk5urrtd but only with respect to liability Caused by your ongoing operations perforrnrd rot that insured. A persnn's or org-ini:ation'S status aF an insured under this endorsement ends when your operations fur tlwt tmsured ara computed, I hL insurance does not apply to liabiliy c2U34J py lh4 inlc ne;;libence of any l¢iiitnia] insures. 13. with respect to the insumncz Afforded to tlreae additional instrredc, the following additional exclusions applies: This imuranc,c dots not alrfily to: 1. The preparing, rtrpro�,Jng. or failing to prepare and approve, maps, shop dra�,ving-;, opinions, reports, Sjrr cyj, held orders, change orders or dM0119s and spccification5; and 2. Supervisory, inspection, arcltitxtunl or cnpinecring acti'�ties. VE 0182 03 04 Page 1 (1,11 PBC MC. Fax:310 -52d -0584 Aug 23 2006 10:26am P005/009 FRi�M : CIE I ER 1,149JRflNCE AGEHCY FR' HO. :425 499 994? 7.t 1. 05 2006 04 : ?3FP1 PG 36 1! Powcy Number; vIC1706668 CG 24 04 10 93 IoaurCd !ixfr�: PROF- ESSIONAL BV-ILDINC CONTRACrOr.s, INC. Gffedlvc Derc: 03 /0112rJlt6 Number: 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ fT' CAREF( ,ILLY WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTkiERS TO US 'Iii;, endorsement modifies itttltA7m , rovided under the follrnvigg: C&NMERCIAL GLNEXAL LLABUJIY COVERAGE PART SCHEIxILE. Name of Person or organization: AS UQUIRED BY WR17MN C.CN TIUC r (If nn entry npponrs xhove; Information required co complete this endor.=nenlwill be ehowr in the Dec'lstrationn " applic'2hic to this mdor.crnent.} etc TtNSFLx (7F' ILIGHTS OF RECOVERY AGAr.'vS C OTHERS TO US Candro+ (Section 1�' — CoMht6RClh)~ r�tNf 11+L L.IkBi' -T1Y CONDiT OHS) is amennod by the ad6inon of tine folIawinr°,' WeN1-aive any right of recovery we may have against I`ne peryoti of organvation show' in the Schedule ahcvc bcuase e1' pzymcr,ts we make for injury nr damage arlsini out of your ongoing operations or "your work" done under 1 contract with tha pCrson or organize' ion and tnclwlcd in Cnc "producTi- completrd operottnn� haznrd ". This warier appllef only to tF -c paIson or oreantzarion shown in the Schedu'c ;ioove. CG 24 04 I 0 Copyngt ;t, lusnrrnre SecvicnOttfce Inc., 19`n pace i of 1 0 PBC INC. Faa:310- 524 -0594 Aug 23 2006 10.26am P006 /009 FPOM : ME I ER I NSUFANCE PGE-Hr-'Y FAY. N0. : ; ?5 199 9947 Tu 1. 05 2 006 94 : 23Ptl P5 3616. , ,, Palter Vnmbet. VIGPO6668 vE 0116 01 Ql Imured Name: PR0FF91;10NAL BUILDING CON IU. CTORIR, INC. Numbers 37 Cfrkdve Date:04iO3/2006 THIS ENDORSEMINT CHANGES TAE POLICY. PLEASE RF,,W IT CAREFULLY, AMENDMENT PRIMARY WORDU G This erndomemant madi$cs insurwcc provided under the following: COWY ERCIAL OFNF.R/kT.1.TABTLITY COVBRAQE P&RT PRODUCTS/C0N1PU -111 OPERA11ONS LIABIL17Y COVERAGE PART It is agreed +- at this policy shall be conaidared primay to any similar insurance held by 631rd purtics. in rt soc::t of work performed by you, undo; xTiM -n contractual nVacmcnt(s) with said chi: d rarlitN. The third pauly(ies) to whom this sndor -et emit applics is as ,follows: AS fi'1)'Ll `t'7'W-7dTT N CONTRACT' 4. jjf �d VE011661M page Iofl 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. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION "A LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE r—] OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED MED EXP (Any one person) $ $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC POLICY JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS REVISE SUPERC DATE DE PR 7 ' i ( G COMBINED SINGLE LIMIT (Ea accident) $ (Per person) BODILY INJURY $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ A EXCESSIUMBRELLA LIABILITY OCCUR FI CLAIMS MADE DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N ea, deacdbe under SPECIAL PROVISIONS below OTHER �ert does not address overage limitations/ xcl_usions W643 -6162 04/01/2006 04/01/2007 EACH OCCURRENCE $ AGGREGATE $ wCSTATU- OTH- — E.L. EACH ACCIDENT $ 1.000 , 0O E.L. DISEASE - EA EMPLOYE $ 1,000,00( E.L. DISEASE - POLICY LIMIT $ 1,000,00 Orion does not warrant that coverage may exist for any specific purpose or situation DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: E1 Segundo Group 10 0 day notice to insured of cancellation for non - payment of premium /non- reporting of payroll. No other modification to the Cancellation section in this Certificate will apply to Workers' Comp coverage. James S. O'Neill City of El Segundo City Hall 350 Main Street E1 Segundo, CA 90245 ACORD 25 (2001108) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL I(XX6 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ANY KIPV UPON THE INSURER, ITP1KGE1k#S OR REPRESENTATIVES. © ACORD CORPORATION 1988 3616•.. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 3616•~ 7 t* 7t I / I l I �., � � sF��� Date: September 7, 2006 To: Richard Hogate, Risk Manager From: Gary Chicots, Interim Planning and Building Safety Director Copy to: James O'Neill, Program Manager (RSI) City Clerk's office Karl Berger, Assistant City Attorney File Subject: Insurance requirements for the Residential Sound Insulation Program The Contractor, Professional Building Contractors, Inc., has informed the City that they are unable to find an insurance provider who is willing to provide the required CG 20 10 11 85 insurance form for residential construction work. Their insurance broker has informed the City that they are able to provide the required form for commercial construction, but are unable to find a provider willing to provide that form for residential work. It is my understanding that ICRMA (Independent Cities Risk Management Authority) has also been unable to find a provider of the required form for residential construction. Staff has obtained the insurance requirements for the Residential Sound Insulation Program for contractors working in the City of Inglewood (CA) and I need to hear from you as to whether the RSI Program can relax its insurance requirements to something similar .to Inglewood's requirements, or what the insurance requirements for the program should be. In the meantime, I am accepting the insurance provided by Professional Building Contractors, Inc. for Contract 3616 / �I 1 ,�UIL,- September 7, 2006