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CONTRACT 3949 CLOSEDAlgilikk City of El Segundo MWMIaM Residential Sound Insulation Program IMMOU Contract Number 3949 Residential Sound Insulation Program Contract between The City of El Segundo and Professional Building Contractors, Inc. This Contract is entered into this 3`d day of June, 2009, by and between the City of El Segundo, a general law city and municipal corporation ( "City ") and Professional Building Contractors, Inc. ( "Contractor "). 1. Work A. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; B. The Contractor must furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to install all products and provide all services required of the Contractor by the Contract Documents (the "Work "). C. The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. D. "Contract Documents" means the Notice Inviting Sealed Bids; Instructions to Bidders; the accepted Bidding Documents; this Contract; Specifications; Plans; Addenda; Notice of Award; Notice to Proceed; Requests for Information; Requests for Change Orders; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the Contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. Contract Sum The City agrees to pay the Contractor a sum not to exceed Five hundred, seventy -six thousand, three hundred and sixty dollars ($576,360) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. Time for Performance A. The Contractor will fully complete the Work in accordance with the Construction Schedule (the "Contract Time "). K51 09 -10 (Group .i s ) • City of El Segundo Residential Sound Insulation Program Contract Number 3949 B. City may, but is not required to, allow time extensions or alterations to the Construction Schedule if Contractor causes a delay in City issuing a Notice to Proceed. C. The Construction Schedule will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. D. The Contractor must not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a Notice to Proceed. E. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. F. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. Disputes Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240 - 10240.13. 5. Taxpayer Identification Number The Contractor will provide the City with a Taxpayer Identification Number. 6. Permits and Licenses Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 7. Ownership of Documents All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 8. Indemnification The Contractor agrees to indemnify and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be 2 RSl 09-10 ((jroup .is) City of El Segundo Residential Sound Insulation Program Contract Number 3949 maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification. 9. Independent Contractor The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 10. Audit of Records The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 11. Notices All communications to either party by the other parry will be deemed made when received by such party at its respective name and address as follows: City RSI Program City of El Segundo City Hall 350 Main Street El Segundo, CA 90245 Contractor 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. RSI 09 -10 (Group 33) Adglikk City of El Segundo PMM Residential Sound Insulation Program Contract Number 3949 12. NO THIRD PARTY BENEFICIARY This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 13. INTERPRETATION This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 14. EFFECT OF CONFLICT In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. Precedence of documents as determined in the Conditions of the Contract. 15. SEVERABILITY If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 16. AUTHORITY/MODIFICATION The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 17. ACCEPTANCE OF FACSIMILE SIGNATURES The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 4 RSI 09 -10 (Group 33) City of El Segundo Residential Sound Insulation Program Contract Number 3949 18. COVENANTS AND CONDITIONS The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 19. CAPTIONS The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 20. Time is of Essence Time is of the essence for each and every provision of the Contract Documents. [Signatures on next page] 5 "1 U7 - IV �Uruup J3) City of El Segundo AEFTAM Residential Sound Insulation Program I'S Contract Number 3949 IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. City: Contractor: ByAayt ty anager Attest: By: Cindy thortesen City Clerk APPROVED A (,Y'F) MARK D. HE LE, By: Kar H. Berger, Assistant City Atto RNEY Ila President Taxpayer ID Number: 91- 1947933 State License Number: 3852 City Business License Number: 02906 6 RSI 09 -10 (Group 33) City of El Segundo Residential Sound Insulation 3949•... FAITHFUL PERFORMANCE BOND Bond No, SSB397166 Bond Fee: $9,264.00 Professional Building Contractors, Inc. , as principal ( "PRINCIPAL ") and RLI Insurance Company , a corporation incorporated under the laws of the State of Illinois and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETY"), are held and firmly bound unto the City of El Segundo ( "CITY ") in the sum of Five Hundred Seventy -Six Thousand Three Hundred Sixty & No /100 _ dollars ($ 576, 360.00 ), (words) lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sump )?PJNCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, Contract Documents for Group 33 (RSI 09.10 of the City of El Segundo's Residential Sound Insulation Program { "PROJECT ") and Contract 3949 executed for such Project, In the case of any default in the performance of the conditions and stipulations of this undertaking:, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. Bond Conditions PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL's work on the PROJECT will be done in accordance with the requirements of the Contract Documents for the PROJECT and with permits issued by the CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be fintnly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the PROJECT for a period of one (1) year following the PROJECT's completion and acceptance by the CITY. 4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon. Faithful Performance Bond l Last Modified: April 22, 2009 City of El Segundo Residential Sound Insulation 3949•, 5. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC' ). 6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 7. This bond consists of this instrument; the Contract Documents identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure §995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 8, Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. SIGNED AND SEALED this 4th day of June , 2009 _ Prof ' nal Bui d g Contractors, Inc. RLI Insurance Compan By !� >. By: � PRINCIP ' Sident SURE'I' S Pybgy6W Attorney -in -Fact �1 Bonnv Smith B • PRINCIPAL's Secretary C By: SURETY'S $tt8 iii Witness NOTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address 125 Sheldon Street E1 Segundo, CA 90245 SURETY's Mailing Address 14900 Interurban Ave. So. Suite 275 Seattle, WA 98168 Faithful Performance Bond 2 Last Modified: April 22, 2009 ColUr c ate pu�uant to 995,�D(a) Code of ' QFAIt, of Civil Procedu HE 2 �. L.p AN Y CERrr `�'n r� Y THAT , State of Cali' fon � my Cle has a , in and aosan� Co n- lnsurar)re Corn ` cr z,u lrrt the Stag ,rrrr i,r,� Y a �) �; tnsur4Pj Gt "�ciliJipl d l 9f t'C 't� bUY �Ty �d8t)aita �fl annu r�itilutt, tf)u'itr'Fr (I�Gt!� hf ` � lled tt)dt = „ o < tcy try t CG rrorni ,� hc-record, 4'!u° ct�rrrw , �` a said n r dn� f ,� �r.thoriTy nas not Lcerr . u�arr )rr t'�e r aurance i County �L.eof surren' .. re, part n ty on ,1 hav'hereunto cj, r0 L -L ment off' set fed' Canceled My hand and a-.—II the , BY seal of COUNTY CLERK Deputy County C�, J. ,TIMEN Certif#Cate pu�uang to c s95.sa® I, (a) Code of Civil p octIgE �.' dEAN' C. l.p�AN rocedu1V k HE Y CE•R'rlH -, , State ofC County Cfe ..,�, aGfamla ; � of the County� n and has a cerfific..� � ,� t`orsaid County( Insuranoa vat ��u',h Jr,t t ra he Stag �rMrnk <,,,n,, �77' Ins ofaf r� r r��zy „t��, an urance E ^�ct�,;tt` r�r 1t1:t . -,t rn + rp r trJ nWed Ur cu y tlf T�'Ut lUrlt f .r U111raeTti rUf r��{ C t Lr N;, is lYu7rnlcp /q l6SU6 E 1w riG d. i> ic35 nt�� �lEr1 1UV6�i1 Jrr 9 Y 11ranCB Said COu J r'�% +d 3urrenC,., `IU C, In O ntyon lhaiehc re, r4cLd;er, here set ' canceled, my hand and al",ed the seal of 8Y C®UNT,y CLERK Deputy CauntY Clerk J..TIPvIE�y City of El Segundo Residential Sound Insulation LABOR. AND MATERIALS BOND Bond No. Bond Fee: SSB397166 $9,264.00 3949•,., Professional Building contractors, Inc. , as principal ( "PRINCIPAL ") and RLI Insurance company , a corporation incorporated under the laws of the State of Illinois and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ( "SURETr ), are held and firmly bound unto the City of El Segundo ( "CITY ") in the sum of Five Hundred Seventy -Six Thousand Three $ 576, 360.00 Hundred Sixty & No /100 dollars ( )0 —' (words) lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in the Contract Documents for Croup 33 (RSI o9 -_10 of the City of El Segundo's Residential Sound Insulation Program ( "PROJECT ") and Contract 3 94 9 executed for such Project, and for all work or labor of any kind performed for the Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. Bond Conditions 1. PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon, 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ( "ESMC "). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or Labor and Materials Bond 1 Last Modified: April 22, 2009 City of El Segundo Residential Sound Insulation 3949•aaa) modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed, This bond consists of this instrumeot; the Contract Documents identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county cleric 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, revolted, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 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 4th day of June , 20 09 . Profes nal Building Contract rs, Inc. RLI Insurance Comp By �inc���tT By: PRINCIPAL' ldent URE 'S Ffd §YI W Attorney -in -Fact Bonny Smith By az ZdL PRINCIPAL's Secretary �,4aa�f C By: SURETY'5 q*MXtW Witness NOTE: ALL signatures must be acknowledged by a notary public. PPUNCIPAL's Mailing Address 125 Sheldon Street E1 Segundo, CA 90245 StMETY's Mailing Address 14900 Interurban Ave. So. Suite 275 Seattle. WA 989168 Labor and Materials Bond 2 Last Modified: April 22, 2009 ATTORNEY -IN -FACT NOTARY ACKNOWLEDGMENT OF SURETY State of Washington County of King On this 4th day of June , 2009 , before me, Roxana Palacios personally appeared Bonny Smith known to me to be the person whose name is subscribed to the within instrument as the Attorney -In -Fact of RLI 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 an fficial seal 0XL O% Notary Public in and for the State of Washington Residing in Bothell Commission Expires 9/2/09 �0ec 3949•4.. RLI ® RLI Surety P.O. P.O Box 3967 1 Peoria, IL 61612 -3967 Phone: (800)645 -2402 1 Fax: (309)689 -2036 www.rlicorp.com Know All Men by These Presents: 3949 . , POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company, an Illinois corporation, does hereby make, constitute and appoint: Holly F Ulfers Steven W Palmer. Bonny Smith Roxana Palacios Mary A Dobbs Heather Allen jointly or severally in the City of Seattle , State of Washington its true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following described bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ($10,000,000) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLI Insurance Company further certifies that the following is a true and exact copy of the Resolution adopted by the Board of Directors of RLI Insurance Company, and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the 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 officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 13th day of January 2009 �j ........:'�� r, oNPORA State of Illinois . S E A L) SS County of Peoria � L I N 0 / S "I ........ ..,�, On this 13th day of January 2009 , before me, a Notary Public, personally appeared Roy C Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: k.C. Jac eline M. Bock 7r Notary Public `u "OFFICIAL SEAL" I �� JACQUELINE M. BOCKLER rATE OF LL camas COMMISSION EXPIRES 03/01/10 RLI Insurance Company By: ...� Roy C. Di Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, a stock corporation of the State of Illinois, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, the is n w in force. In testimony whereof, I have here et my hand the seal of nsurance Company up th:[, day of / (/K �. RLI Insurance Company By: _...... Roy C. Di Vice President 4665141030110 A0059207 3949•, California All- Purpose Acknowledgement State of California } County of Leos Angeles On June 5, 2009 before me, Dam Norman , a Notary Public personally appeared Richard J. William and Charlotte Williams together = — — — — __ DANA NORMAN CommisOon # 1597724 %T'MV Conwn. &4*os AA 28, 2009 Notary Public Seal Description of Attached Document who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ a subscribed to the within instrument and acknowledg d to me that he/ she /k e executed the same in his /he T uthorized capacity(ies), and that by his /her ej 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. WITNESS my hand and official seal. Notary Public Signature Title or Type of Document: Faithful Performance Bond Document Date: June 1, 2009 Number of Pages: 4 Signer(s) Other than Named Above: Botmy Smith and Holly E. Ulfers Capacity(ies) Claimed by Signer(s) �J Individual • Corporate Officer: • Partner - ❑ Limited U General • Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL • Individual • Corporate Officer: • Partner - d Limited U General • Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator .J Other: Signer is Representing: California All- Purpose Acknowledgement State of Galifotnila } County of Ins kiReles On June 5, 2009 before me, 3949. Dana Nornnn , a Notary Public personally appeared Richard J. Williams and Charlotte Williams together Cft DANA NORMAN o rAulon # 1597724 Notary KdAc • CaNt nW Los Anpsla County My Comm. ExpM Jul 28.2009 Notary Public Seal Description of Attached Document Title or Type of Document: labor and Materials Bond who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledg d to me that he/ she he executed the same in his /her/ ei authorized capacity(ies), and that by his /her/ a tgnature(s) on the instrument the person(s), or th entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. W, W= -, 0 �0 Notary Public Signature Document Date: June 1, 2009 Number of Pages: 4 Signer(s) Other than Named Above: BomY Sadth and Holly E. Ulfers Capacity(ies) Claimed by Signer(s) ❑ Individual • Corporate Officer: • Partner - U Limited U General • Attorney -in -Fact U Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: OPTIONAL • Individual • Corporate Officer: • Partner - 0 Limited ❑ General • Attorney -in -Fact ❑ Trustee • Guardian or Conservator • Other: Signer is Representing: OP ID M 11 DA1E (MMIDD/YYXY) ,AcoRD CERTIFICATE OF LIABILITY INSURANCE PROFE -3 I 06 04 09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Meier Insurance Agency, Inc. HOLDER.T RIGHTS THIS CERTIFICATE O E DOES T AMEND, EXTEND OR 10308 NE 183rd Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 727 P.O. Box 1727 (98041- 1 ) Bothell WA 98011 Phone:425 -481 -9007 Fax:425 -489 -9947 INSURED Professional Building Contractors, Inc. 125 Sheldon StrQgt El Segundo CA 90245 INSURERS AFFORDING COVERAGE NAIC # INSURER A: united Specialty Insurance Co. INSURER B: American States Insurance Co. 19704 INSURER C: Hartford Fire Insurance INSURER D: INSURER E: cuVelAUta - - - - -- - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYELS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING City of El Segundo ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IreTln no I Ivan I MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH El Segundo CA 90245 -3 9 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AUIkIOFYZED REPRESENTATIVE INSR ADD'L POLICY NUMBER LTR INSRD TYPE OF INSURANCE DATEYMM /DDS E PDATEY MM /DDIYY N LIMITS ^,,,v- EACH OCCURRENCE $1,000,000 GENERAL LIABILITY A X X COMMERCIAL GENERAL LIABILITY FEC61000285 DAMAGE TO RENTED 03/01/09 03/01/10 PREMISES (Ea occurence) $ SO OOO r CLAIMS MADE X OCCUR MED EXP (Any one person) s5,000 X $5,000 DEDUCTIBLE PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 POLICY X PRO- JECT JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 C X ANY AUTO 52UECIV4361 03/01/09 03/01/10 (Es accident) ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY $ (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND _ TORY LIMITS ER EMPLOYERS' LIABILITY E L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If Yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER B Property & IM Cov 01CH6845584 03/01/09 03/01/10 Schad Equ $52,326 Deduct $1,000 BLK Bld $1,043,380 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Proj #RSI 09 -10 Residential Sound Insulation Program - Group 33 Contract #3949. E1 Segundo, its officers, officials, employees, agents & volunteers are included as primary non - contributory additional insured if required in written contract per attached CG2033 07/04. Waiver of Subrogation applies per attached CG2404 10/93. Per Proj Agg. Applies per attach. CG2503 3/97 VGRI IF 1%1^1G1 ­­1 - - - - -- - - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITYELS DATE THEREOF, THE ISSUING INSURER WILLi0Ir1Y1IIIIIIIIIIIIIIIMAIL 30 DAYS WRITTEN City of El Segundo NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City Clerk IreTln no I Ivan I 350 Main Street El Segundo CA 90245 -3 9 AUIkIOFYZED REPRESENTATIVE ^,,,v- .r . �.en nnnsnnwr nsl gene ORnRn 7S rvnnvnxl 3949 . . 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. nr.nan 7r, onmmxi �9 39 �r POLICY NUMBER: FEC61000285 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after. a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or an behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © 130 Properties, Inc., 2004 Page 1 of 1 POLICY NUMBER: FEC61000286 � t C COMMERCIAL GENERAL LIABILITY 1L 12 01 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number POLICY NUMBER POLICY CHANGES COMPANY FEC61000286 EFFECTIVE United Specialty Insurance Company 03/01109 NAMED INSURED AUTHORIZED REPRESENTATIVE Professional Building Contractors, Inc. COVERAGE PARTS AFFECTED: Commercial General Liability Primary Insurance 1 Excess & Non - Contributory Wording This endorsement modifies insurance provided under the following: The Additional Insured Endorsement — BLANKET ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU (CG2033 07/04) is amended to included the following: C: Coverage provided by this policy to the Additional Insured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additional Insured(s) shall be excess and non- contributory, but only if required of the Named Insured by an 'insured contract°. IMG 4001 01/08 Page 1 of 1 Revised 4 -25 -06 POLICY NUMBER: FEC61000286 q 9 4X A .$.4WI COMMERCIAL GENERAL LIABILITY CG 24 0410 93 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All clients of the insured where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. Page 1 of 1 POLICY NUMBER: FEC61000285 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The General Aggregate Limited is $2,000,000 per project with an absolute General Aggregate Limit of $5,000,000 all projects for this policy. no entry appears above, information required to iclarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION i), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard ", and for medical expenses under COVERAGE C regardless of the number of a. Insureds; b. Claims made or "suits" brought; or the c. Persons or organizations making claims or bringing °suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit_ CO 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Pagel of 2 k s .4 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION i), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate LlmiL C. When coverage for liability arising out of the "products - completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance (SECTION 111) not otherwise modified by this endorsement shalt continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Office, inc., 1996 Page 2 of 2 3 LpAAIR (MM /DWYYW) ACOJ. CERTIFICATE OF LIABILITY INSURANCE 06/04/2009 ,, PRODUCER (9Sl) 736 -9477 FAX (951) 736 -9478 kDD'L THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Orion Risk Management Insurance Services, Inc. POLICY EFFECTIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Ca. Lic. #OD28764 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 2280 Wardlow Circle, Suite 250 INSURERS AFFORDING COVERAGE NAIC # Corona, CA 92880 DAMAGE TO RENTED g MED EXP (Any one person) INSURED Professional Building Contractors, Inc. PERSONAL & ADV INJURY INSURERA: Insurance Company of the West 27847 DBA: PBC INSURER B: PRODUCTS - COMP /OP AGG 125 Sheldon Street GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT INSURER C: El Segundo, CA 90245 INSURER D: LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OW NED AUTOS INSURER E: COMBINED SINGLE LIMIT (Ea accident) 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 kDD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE F_� OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED g MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ -- PRODUCTS - COMP /OP AGG $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO LOC JECT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OW NED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS /UMBRELLA LIABILITY OCCUR F] CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below QTHER ert does not address overage limitations/ overage WSD5000211 04/01/2009 04/01/2010 X WC STATU- OTH- E.L. EACH ACCIDENT $ 1. 000 , 00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT 1 $ 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: Project #RSI 09 -10 Residential Sound Insulation Program - Group 33 giver of subrogation in favor of the City, its officers, officials, employees & volunteers will be issued by the carrier pending underwriting approval. 0 Day Notice of Cancellation for Non - Payment of Premium/ Non - Reporting of Payroll City of E1 Segundo City Clerk 350 Main St. E1 Segundo, CA 902 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURE Ilil �� MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIF AT HOLDE AMED TO THE LEFT, AUTHORIZED CORPORATION 1988 -. _ _ . . 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 (2001/08) 3949 . , . 3949.,.. ,." `4 WC 99 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY (Ed. 5 -02) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT .CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the schedule. The additional premium for this endorsement shall be 5% of the California Workers' Compensation premium otherwise due on such remuneration, subject to a minimum premium of $50.00. Schedule Person or Organization City of El Segundo Its officers, officials, employees and volunteers 350 Main Street El Segundo, CA 90245 Job Description Project # RSI 09 -10 Residential Sound Insulation Program Group 33 Policy Number: WSD 5000211 -01 Insured: Professional Building Contractors, Inc. Endorsement Effective: 06 -04 -2009 Issue Date: 06 -05 -2009 WC 99 06 37 (Ed. 5 -02) Coverage Provided by: Insurance Company of the West Countersigned by: