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PROOF OF INSURANCE (2017) CLOSEDSTEPH -1 OP ID: RH DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE 05/3112016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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 endorsements . PRODUCER NAME; Certificate Dept Wright, Finnegan & Sommer Ins. PHONE FAR Associates, lic# 0534315 �(n P–No Exg 714 283 1999 iArO� No) 714-283-1997 23001 La Palma Ave, Suite 100 EMAIL Yorba Linda, CA 92887r?oass ceftrfacatL*S WfIns.COm John Carter INSURER(S) AFFORDING COVERAGE NAIC p - - - -__ ____. - -__ -- - — INSURER A_: Travelers lndem n it)I Com pang of - -- _ -- _.._______.._________ —. ... _ ....... INSURED DOreck Construction Inc. INSURER 13: Connecticut Stephen Doreck Equipment _ ...__..._.. INSURER C: Westchester Surplus Lines Ins ............. Rentals, Inc. ......... ....._ 9075 Telegraph Road 1. INSURER D: Safeco Insurance_Company Pico Rivera, CA 90660 INSURER E: First National Insurance Co INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. ...... ADDC'SUB .. _ .... ... IYOUCTE ... �.... ....... .._.... TYPE OF INSURANCE MWVD MDDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL L LIABILITY X X OT22- CO- 720OP538- TCT -16 03101/2016 03101/2017 pR M sE,�Any 30 0, 000 CLAIMS- MADE X OCCUR M ED EXP one person) $ 00 X Contractual Liab PERSONAL & ADV INJURY $ 1,000,00 C X Pollution Liabi G27153136003 03101/2016 03/01/2017 GENERAL AGGREGATE $ 2,000, GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP roP AGG $ 2,000,000 POLICY X .� LOC 'Pollutl n $ 2,000,00 AUTOMOBILE LIABILITY 'OMSINED SINGLE LIM.I (Ea acadent) $ 1,000,000 000 A X ANY AUTO X X OT- 810- 8D457897- TTL -16 03/0112016 03/01/2017 BODILY INJURY (Per person) $ ALL OWNED" SCHEDULED AUTOS ''. AUTOS BODILY INJURY (Per acaden t) $ X NON-OWNED X............ �'( s19 1^IHIi DAMAGE ... $ .. ... ... ..x HIRED AUTOS AUTOS 1 i,„FI' 1,rm aLN4 hY1 .... X Hired Auto Phy Damage $ UMBRELLA LIAB X _ OCCUR EACH OCCURRENCE $ 5,000,000 A X ....... ,...._...._.., EXCESS LIAB CLAIMS -MADE .- ....--- - ---... - -- ... ----- --- -: OTSM-CUP-720OP538-TIL-16 03/01/2016 03101/2017 AGGREGATE .... .... .. $ ........... 5,000,000 ...., . ,......,....... DED RETENTION $ $ WORI(ERSCOMPENSATION X WCSTA'rU- OTH- Y T��ASEIEA A X B-720O 03101/2016 03101/2017 EACE 1,000,000 DTJ- OFFICER/MEMBER RIMEMBER EXCLU D? Y NIA -$ (Mandatory in NH)IPARTNERlEXECUTIVE ❑ 53NCLUDED E L EMPLOYEE, .... 1,000,00 DESCRIPTION OF OPERATIONS below E L DISEASE- POLICY LIMIT $ 1,000,000 E EQUIP RENTED FROM OTHERS 25- CC- 227754 -8 08118/2015 08/18/2016 ACV 130,00 D EQUIPMENT 25 -CC- 227754 -8 03/01/2016 03/01/2017 DED 1000 855,06 ._....... DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CITY OF EL SEGUNDO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND OLUNTEERS ARE NAMED AS ADDITIONAL INSURED AND PRIMARY WORDING APPLIES PER THE BLANKET ADDITIONAL INSURED ENDORSEMENT ATTACHED TO THE POLICY — AS REQUIRED BY WRITTEN CONTRACT. ADDITIONAL INSURED APPLIES TO AUTO LIABILITY. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY AND SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF EL SEGUNDO ACCORDANCE WITH THE POLICY PROVISIONS. CITY CLERK 350 MAIN STREET AUTHORIZED REPRESENTATIVE EL SEGUNDO, CA 90245 -3813 A- O 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Insured: Doreck Construction, Inc.; Stephen Doreck Equipment Rentals, Inc. Policy#:I DT22- CO- 7200P538- TCT -16 tiw � "" r ' — • -�! „ �i dw *1 14 11111 A. SectIM, U.— Who 1* An Is onvwxWl In Include the peram(s) of o Iw (a) shown In to 0462 -0106 Includes ooVAhted MOWW of ISO IRMPUMN, Inc., 2004 Page 1 of 1 with Iii powdWon. Insured: Doreck Construction, Inc.: Stephen Doreck Equipment Rentals, Inc. COMMERCIAL GENERAL LIABILITY P01Icy #: ' DT22- CO- 7200P538- TCT -16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY (CONTRACTORS) CITY OF EL SECUNDO, ITS OFFICERS, OFFICIALS, EMPLOYEES AGENTS AND VOLUNTEERS 350 MAIN STREET EL. SEGUNDO, (.A 902'45 -3813 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL, LIABILITY COVERAGE PART JOB: ON CALL WATER SYSTEM MAINTENANCE AND REPAIR SERVICE, PROJECT NO PW 16 -21. 1. WHO IS AN INSURED — (Section II) Is amended to include any person or organization that you agree in a %vritten contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury ", "property damage" or "personal Injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring Insurance" applies. The person or organization does not qualify as an additional Insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III —Limits Of Insurance. b) The insurance provided to the additional In- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: I. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional Insured, and then the insurance provided to the additional Insured applies only to such "bodily injury" or "property damage" that oc- curs before the and of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The Insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement However, if the "written contract requiring Insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 ® 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; 11. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense, b) If a claim is made or "suit" Is brought against the additional insured, the additional insured must: I. Immediately record the specifics of the claim or "suit" and the date received; and Ii, Notify us as soon as practicable. The additional Insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the Insur- ance provided to the additional insured by this endorsement Is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described In paragraph 3. above. a. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a; person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement Is In effect; and c. Before the end of the policy period. Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 03 Insured: Doreck Constructlon, Inc.; Stephen Doreck Equipment Rentals, Inc. COMMERCIAL GENERAL LIABILITY Policy#.. DT22- CO- 7200P538- TCT -16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies Insurance provided under the following: COMMERCIAL GENE=RAL LIABILITY COVERAGE PART JOB: ON CALL WATER SYSTEM MAINTENANCE AND REPAIR SERVnE, PROJECT NO PW 16 -21, GENERAL DESCRIPTION OF COVERAGE — Provisions A.4i. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read ell the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension or Coverage — Bodily Injury G. Contractual Liability— Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2 WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury -- Assumed by Contract N. Blanket Additional Insured Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I -- Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. l=ire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D316 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter, c. Explosion of steam boilers, steam pipes. steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section Ill) is deleted and replaced by the following: Subject to 5- above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage' to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same Occurrence', whether such damage results from: fire; exploslon; lightning; smoke resulting from such fire, explosion, or light- ning; or water, or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; 5. This provision S. does not apply If coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LMILi7Y (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for Injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily Injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAO- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- Ing Injury' offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 4. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily Injury' or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CO D3 16 07 04 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this Insurance must be pri- mary to, or non-contributory with, such 'other insurance ". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence ": a. Medical, surgical, dental, laboratory, x-ray or nursing service, advice or Instruction, or the related furnishing of food or bever- ages: b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid: or d. "Good Samaritan services." As used In this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided In an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any 'employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This Insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence ", 6. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily Injury" (DEFINITIONS — Section V) is deleted and replaced by the follow - Ing: "Bodily Injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY— RAILROADS 1. Paragraph c. of the definition of insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDMSIONS — PERMITS WHO IS AN INSURED (Section II) is amended to Include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury, "' "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or CG D316 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL UABIUTY b. "Bodily injury" or "property damage" in- cluded In the "products-completed opera- tions hazard ". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL, LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other Insurance "' Is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance Is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk, or similar coverage for "your work": (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner, or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Li- ability; or insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" If any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other Insurance ". When this insurance Is excess over "other insurance ", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self - insured amounts under that "other Insurance ". We will share the remaining loss, if any. with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur. ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance ": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 (1) Another insurance company; (2) Us or any of our affiliated Insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section 111) or the Non cumufation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section 111) applies; (3) Any risk retention group; (4) Any self- insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex= cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b, and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 d day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. COMMERCIAL GENERAL LIABILITY 2. Notice of an "occurrence" or of an offense which may result in a claim wilt be deemed to be given as soon as practicable to us if It Is given In good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an Individual (If you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the 'occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the spec number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily Injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations). The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that pWs defense has also been as- CG D316 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract "; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section -- Coverages) is deleted and replaced by the following: d. The allegations In the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the Insured and the interests of the in- demnitee: 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) Is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I -- Coverage A -- Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(i) of Section I Coverage B — Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section lt) is amended to Include as an Insured any person or organization (referred to below as "additional Insured ") with whom you have agreed In a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing Injury" offense is committed, to name as an additional insured, but only with respect to their lk ability for "bodily injury", "property damage ", "per- sonal Injury" or "advertising injury" caused, in whole or In part, by your acts or omisslons in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional Insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The Insurance afforded to the additional In. sured does not apply to any "bodily injury" or "property damage` that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured Is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance ". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 POLICY NUMBER: U '1'.22.OU•72 {-q!'5.38.1iC'I' -1G COMMERCIAL GENERAL LIABILITY ISSUE DATE: 03/01/2016 THIS ENDORSEMENT CHANGES: THE POLICY. PLEASE READ IT CAREFULLY. g1gamgacti - This endorsement>modifies.insurance provided under the following: COMMERCIAL GENERAL,LIABILITY COVEt AGF, PART SCHEDULE Designated Project(s); Designated Project General Aggr"ete(e): JOB: ON CALL WATER SYSTEM MAINTENANGE AND REPAIR SERVICE, PROJECT NO PW 16 -21, A, For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rencee under COVERAGE A. (SECTION Q, and for all medical expenses caused by accidents un- der COVERAGE C '.(SECTION :li), which can be attributed only to operations at a. single esig- nated ",project" shown In the Schedule above: 1. A separate Designated Project General Ag- gregate Llmit;appiies to each designated "Pro- ject.", and that limit is equal to the amount of the General Aggregate limit slh=n in the Declarations, unless : se..parate. Designated Project General Aggregate(s) are. sched- uled, above. . 2. The Designated Project General Aggregate Limit.is the most we will pay forthe sum of all damages under COVERAGE A., except damages because of "bodily injury." or "prop- erty damage" included in the "products- completed operations hazard ", and for medi- cal expenses under. COVERAGE C, regard- less of the number of: a. Insureds; b. :Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". I Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Deslg- hated Project General Aggregate Limit for that designated "pmjoct'. Such: payments shall not reduce -the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate. Limit for any other designated "project "shown In the Schedule above. 4. The limits shorn in the .Declarations for Each Occurrence, Damage. To :Premises Rented To You and Medical Expense continue to apply. However, instead 'of.:being subject to the General Aggregate Urn shown, in the Declarations, such limits will be subject to the applicable Design, tod project General, Aq- gregate Limit. B. For all sums which the insured becomes Legally obligated to pay as damages caused by "occur - rences" sender COVERAGE~ A. (SECTION 1). and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION 1), which• cannot be attributed only to operations at a single desig- :.noted " proJect" shown in the Schedule above: -CG D2 11 01 04 - Copyright, The Travelers Indemnity :Company, 2004 Page:1 of 2 COMMERCIAL GENERAL LIABILITY 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 Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. E. C. Fart 2. of SECTION 111 — LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "000urrences" under COVERAGE A (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION 1) which cannot be attributed only to operations at a single designated "project" shown In the SCHEDULE above. D. When coverage for liability arising out of the "products - completed operations hazard" is pro. vided, any payments for damages because of "bodily Injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit For the purposes of this endorsement the beflnl- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right -of -way of a railroad shall be considered a single "project ". F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG 02 11 01 04 Insured; Doreck Construction, Inc.; Stephen Doreck Equipment Rentals, Inc. COMMERCIAL AUTO Polioyit: DT- 810 - 81)457897- TIL -16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT L SEGUNDO. ITS OFFICERS. • CITY OF E OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS This endorsement modifies Mwmnce 35D MAIN STREET, EL SEGUNDO, CA 90245 -3813 provided Under file following: JOB: ON CALL WATER SYSTEM MAINTENANCE BUSINESS AUTO COVERAGE FORM AND REPAIR SERVICE, PROJECT NO PW 16 -21. With respect to Coverage provided by tNS endorMe- ment, the provislons of the Coverage Form apply unless modified by the endorsement A- PERSONAL EFFECTS COVERAGE SECTION 111 — PHYSICAL DAMAGE COVER- AGE, A. Coverage. 4, Owyerage Extensions is amended by adding to following; Personal Weeds Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effete which are: (1) owned by an insured'; and (2) in or on your covered 'auto', in the event of a total theft "loss" of your covered 'auto'. No deductiblas apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION NJ — PHYSICAL DAMAGE COVER- AGE, A Coverage, 4. Coverage Extensions Is amended by adding the following Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total loss" to a covered "auto" of :the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage Is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto "; and (d) Costs for extended warranties, credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (a) CaIrlY batances from previous bens or leases. C. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OP SOUND SECTION Ifs — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions Cot 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment, except tapes, records or discs, providod'such equipment is pernnanently In- stalled in the covered "auto" at the time of the `loss' or Is removable from a housing unit which Is permanently installed In the covered "auto" at the time of the "loss ". and such equipment Is designed to be solely operated by use of the power from the "auto a electri- cal system, In or upon the covered "auto'; or D. WAIVER OF DEDUCTIBLE —GLASS SECTION IN — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible for a covered 'auto" will apply to glass damage if the glass is repaired rather than replaced. E. HIRED AUTO PHYSICAL DAMAGE COVER- AGE (2) Any. SECTION Iii — PHYSICAL DAMAGE COVER. (a) Overdue IeaseAoan payments at the time AGE, A- Coverage, 4. Coverage Extensions Is of the "loss"; amended by adding the following: (b) Financial penalties Imposed under a Hired Auto Physical Damage Coverage Exton. lease for excessive use, abnormal weer Sion and tear or high mileage; If hired "autos " are covered ' autos" for Liability (c) Security deposits not returned by the les- Coverage and this policy also provides Physical sor, Damage Coverage for an owned "auto", then the CA T4 20 07 06 Includes the copyrighted material of Insurance Services ottlav, Inc, with Its permission. Page 1 of 2 Indudes the copyrighted material of The St Paul Travelers Compenise, Inc. COMMERCIAL AUTO Physical Damage Coverage Is eidwWad to "autos' that you hire, rent or borrow subject to the following; (1) The most we will pay for Okm" in any one 'accident" to a hired, rented or borrowed 'auto " is the lesser of: (a) $50,000; G' (b) The actual cash value of the dam- aged or stolen property as of the time of the *We; or (c) The cost of repairing or replacing the damaged or stolen property with tatter property of like kind and quality. (2) An adjustment for depredation and physicsd condition will be made In dater miring actual cash value In the event of a total 'loss". (3) if a repair or replacement results In better than Ike idnd or quality, we will not pay for the amount of betterment (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto ". (5) This Coverage Extension does not apply to: (a) Any "auto! that is hired. rented or bor- rowed with a driver, or (b) Any "auto" that Is hired, rented or bor- rowed from your "employee ". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us Is deleted and replaced by the following: 5. Transfair Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any 'sodden!' or "IOC", pro- vided that the "accident" or Im" *Ases out of the operations contemplated by such con- tract. The waiver soles o* to the person or organization designated In such contract. 131ANKEY ADDITIONAL INSURED SECTION li — LIABIL1'llY COVERAGE, part A. 1, Who Is An Insured. paragraph c. Is amended by adding the following: Any person or oqpnMon that you are required to include as an additional insured on this Cover- age Form in a written contract or agreernent that is signed and executed by you before the 'bodily injury or ' property damage" occurs and ti-tat is in effect during the policy period Is an 'insured- for Liability Coverage, but only for damages to which this Insurance applies and only to the arlent that person or organization qualMs as an "insured' under the Who Is An Insured provision contained In sedlon II. L:i�'1�•l��:i : �+ : tTF SECTION p LIABILITY COVERAGE. A. Cov- erage, I. Who is An Insured Is amended by add- ing the Mowing- An "employee" of yours is an "insured" while op- erating an'aute hired or rented under a contract or agreement in that "employee's" name, with your perrrdssion, while performing duties related to the conduct of your business. I. COVERAGE te'7tTENSION — TRAILERS SECTION I — COVERED AUTOS, C. Certain Trailers, Mobft Equipment and Temporary Substitute Aultos. paragraph 1. is deleted and replaced by the following: 1. - Trallers- with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Page 2 of 2 Includes the copyrighted material or Irmronce Seevices Olaoe. tim wilts he permission. CA T4 20 07 41116 Includes the copyrighted materiel of The St. Paut Travelers Companies, Inc. " r r M it WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — POLICY NUMBER: I >r.1- Lies- 7,noNSSx -16 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS. ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover:our payments from anyone liable for an injury t<overed by this policy. We will not enforce ourright against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees .while engaged in the work described in the Schedule. The additional premiurn for this endorsement shall be mium otherwise due on such remuneration. Schedule Person or Organization CITY OF EL SEGUNDO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS 350 MAIN STREET, EL SEGUNDO, CA 90245 -3813 DATE OF ISSUE: 03/01/2016 ST ASSIGN: % of the California workers' compensation pre- Job Description JOB: ON CALL WATER SYSTEM MAINTENANCE AND REPAIR SERVICE, PROJECT NO PW 16 -21. Form W"9 Request for Taxpayer Give Form to the (Rev. December 2011) identification Number and Certification requester' Do not Department of the Treasury ury Send t0 the IRS. Internal Revenue Service N 0 m Ca Q C 0 aC 0 Z o 2 O i a+ N C_ C ac d CL 4) 0 rn Name (as shown on your Iirr „orvre IsK roturn) Stephen Doreck Equipment Rentals, Inc. entity name, if different from above Check appropriate box for federal tax classification: ❑ Individual /sole proprietor ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ❑ Limited liability company. Enter the tax classification ( C =C corporation, S =S corporation, P= artnershi P) ► ❑ Exempt payee ❑ Other ('soo instructions) ► Address (number, street, and apt. or suite no.) Requester's name and address (optional) 9075 Telegraph Road City, state, and ZIP code Pico Rivera, CA 90660 List account number(s)mhere ( optional) ter Identification Number I Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name” line I Social security number to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other iT F1 - -r entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 4 t -� _..__......_.�........... 6 q� Date Sign Signature of ....... � Here U.S. person ► General lnstruction ") 11,` Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of an artnershi income from a U S trade or business Note. If a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W -9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. Yp P is not subject to the withholding tax on foreign partners' share of effectively connected income. Cat. No. 10231X Form W -9 (Rev. 12 -2011) Form W-9 (Rev. 12-2011) The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, • The U.S. grantor or other owner of a grantor trust and not the trust, and • The U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person, do not use Form W-9. Instead, use the appropriate Form W-8 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester the appropriate completed Form W-8. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Page 2 Certain payees and payments are exempt from backup withholding. See the instructions below and the separate Instructions for the Requester of Form W-9. Also see Special rules for partnerships on page 1. n7mmem ME= You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies. Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name/disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trade, or "doing business as (DBA) name" on the "Business name/disregarded entity name" line. Disregarded entity. Enter the owner's name on the "Name" line. The name of the entity entered on the "Name" line should never be a disregarded entity. The name on the "Name" line must be the name shown on the income tax return on which the income will be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a domestic owner, the domestic owner's name is required to be provided on the "Name" line. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "Business name/disregarded entity name" line. If the owner of the disregarded entity is a foreign person, you must complete an appropriate Form W-8. Note. Check the appropriate box for the federal tax classification of the person whose name is entered on the "Name" line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the "Name" line is an LLC, check the "Limited liability company" box only and enter the appropriate code for the tax classification in the space provided. If you are an LLC that is treated as a partnership for federal tax purposes, enter "P" for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for C corporation or "S" for S corporation. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the "Name" line) is another LLC that is not disregarded for federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the "Name" line. Form W -9 (Rev. 12 -2011) Other entities. Enter your business name as shown on required federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name/ disregarded entity name" line. r If you are exempt from backup withholding, enter your name as described above and check the appropriate box for your status, then check the "Exempt payee" box in the line following the "Business name/ disregarded entity name," sign and date the form. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following payees are exempt from backup withholding: 1. An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2), 2. The United States or any of its agencies or instrumentalities, 3. A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities, 4. A foreign government or any of its political subdivisions, agencies, or instrumentalities, or 5. An international organization or any of its agencies or instrumentalities. Other payees that may be exempt from backup withholding include: 6. A corporation, 7. A foreign central bank of issue, 8. A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States, 9. A futures commission merchant registered with the Commodity Futures Trading Commission, 10. A real estate investment trust, 11. An entity registered at all times during the tax year under the Investment Company Act of 1940, 12. A common trust fund operated by a bank under section 584(a), 13. A financial institution, 14. A middleman known in the investment community as a nominee or custodian, or 15. A trust exempt from tax under section 664 or described in section 4947. The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 15. IF the payment is for ... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 9 Broker transactions - Exempt payees 1 through 5 and 7 through 13. Also, C corporations. Barter exchange transactions and Exempt payees 1 through 5 patronage dividends Payments over $600 required t.... e Generally, exempt - payees ob y q e Gene payees reported and direct sales over 1 through 7 2 $5,000, 'See Form 1099 -MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. " s • s u i Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single- member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1- 800 - 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W -7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800- TAX -FORM (1- 800 - 829 - 3676). If you are asked to complete Form W -9 but do not have a TIN, write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded domestic entity that has a foreign owner must use the appropriate Form W -8. M 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification What Name and Number To Give the Requester For this type of account: . . ..................................... Give name and WIN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first individual on the account 3. Custodian account of a minor The minor 2 (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor-trustee trust (grantor is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(j)(A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity 4 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 11, Partnership or multi-member LILC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671-4(b)(2)(i)(13)) List first and circle the name of the person whose number you furnish If only one person on a joint account has an SSN, that person's number must be furnished, 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or "DBA" name on the "Business name/disregarded entity" name line You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN, 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules forpartnerships on page 1 *Note. Grantor also must provide a Form W-9 to trustee of trust, To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer, Certain penalties may also apply for providing false or fraudulent information.