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HomeMy Public PortalAbout2010-12-16 Assign & Assump Agmt for Constr of Public Works - Fox Theatre Complex - Lundgren Mgmt - GOP Electric ASSIGNMENT AND ASSUMPTION AGREEMENT OF AGREEMENT FOR CONSTRUCTION OF PUBLIC WORKS This ASSIGNMENT AND ASSUMPTION AGREEMENT OF AGREEMENT FOR CONSTRUCTION OF PUBLIC WORKS ("Assignment") is entered into as of this 16th day of December ,20lQ, to be effective as of the Effective Date, by and between FULLERTON REDEVELOPMENT AGENCY, a public body, corporate and politic ("Agency" or "Assignor"), and LUNDGREN MANAGEMENT, a California Corporation ("Lundgren" or "Assignee"). R~.G!IALS. A. On or about September 9, 2010, Agency and Lundgren entered into that certain Professional Services Agreement for Construction and Program Management ("CM/OR Agreement"), which provided for Lundgren to provide construction management/owner's representative services to the Agency for the Renovation and Rehabilitation of the Fox Theatre Complex ("Project") to be constructed on the Project Site, located at 510 N. Harbor Boulevard, Fullerton, California. B. On or about the date of this Assignment, Agency and GOP Electric ("Contractor") entered into that certain Agreement for the Construction of Public Works ("Agreement for the Construction of Public Works"), which provided for Contractor to provide construction related services for the portion of the Project specified in that agreement C. In order to facilitate the respective rights and obligations of Agency, Lundgren, and Contractor pursuant to the CM/OR Agreement and the Agreement for the Construction of Public Works, Agency and Lundgren must execute, and Contractor acknowledges its acceptance of, this Assignment. AGR~~M~NI Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, Agency and Lundgren hereby agree as follows: 1. Definitions. Any capitalized terms contained in this Assignment which are not deflOed herein shall have the meaning given in the CM/OR Agreement, unless expressly provided to the contrary herein. 2. Effective Date. Upon the complete execution of this Assignment by Assignor and Assignee, this Assignment shall be effective immediately after complete execution of the Agreement for the Construction of Public Works, on the date specified therein (the "Effective Date"). 3. Assilmment and Reservation of Specified Rights. As of the Effective Date, Assignor assigns to Assignee all of Assignor's right, title and interest in and to the Agreement 2399to61334.QOIO 1128479.03aI2l16/10 -9- for the Construction of Public Works subject to the following reservation of rights and exclusions from assignment: A. Agency hereby reserves its right to review and approve, in accordance with Sections 4.5 of the Agreement for the Construction of Public Works, any additional compensation requested by Contractor. B. Agency hereby reserves its right to review and approve any change order, in accordance with Section 7, in its entirety, of the Agreement for the Construction of Public Works, that would result in additional time or an increase in cost for the work to be completed by Contractor. C. Agency hereby reserves its right to liquidated damages, in accordance with Section 7.2.2 of the Agreement for the Construction of Public Works, in the amount designated as Agency's liquidated damages set forth in the CM/OR Agreement. D. Agency hereby reserves its right to participate in any dispute resolution proceedings, in accordance with Section 7.3 of the Agreement for the Construction of Public Works. E. Agency hereby reserves the right and benefit in Section lOin the Agreement for the Construction of Public Works, such that all Performance Bonds, Labor and Material Bonds and Contractor Warranty Bonds shall remain in favor of Agency. F. Agency hereby reserves its right to the ownership and possession of all finished and unfinished Project Design and Construction Documents, in accordance with Section 11.1 of the Agreement for the Construction of Public Works. G. Agency hereby reserves its right to all warranties for all material and equipment furnished under the Agreement for the Construction of Public Works, in accordance with Section 13.6 therein. H. Agency hereby reserves its right to consent to any waiver of any breach, term, covenant or condition of the Agreement for the Construction of Public Works, in accordance with Section 13.12 therein. I. Agency hereby reserves its right to review and approve any modification and/or amendment to the Agreement for the Construction of Public Works, in accordance with Section 13.13 therein. 4. Assumotion. As of the Effective Date, Assignee accepts the above described assignment, and agrees to assume, keep, perform, and fulfill all of the terms, conditions, covenants, and obligations required to be kept, performed, and fulfilled by Assignor under the Agreement for the Construction of Public Works as assigned by this Assignment. 2399106t334.()OIO 1128479.03 d2116110 .Jl). 5. Joint Benefit of Indemnity and Insurance Provisions. 5.1 Indemnities. Upon the Effective Date of this Assignment, Contractor's (and Subcontractor's, if applicable) obligations to indemnify, defend and hold harmless the "Indemnified Parties," as defined and applied in Section 8 of the Agreement for the Construction of Public Works, shall extend and apply to both Assignor and Assignee, and their respective directors, officials, officers, agents, volunteers and employees. 5.2 Insurance. Upon the Effective Date of this Assignment, Contractor's (and Subcontractor's, if applicable) insurance obligations to Agency set forth in Section 9 of the Agreement for the Construction of Public Works shall extend to and apply to both Assignor and Assignee, such that, in addition to other applicable provisions set forth in that Section 9, Assignor and Assignee, and their respective directors, officials, officers, agents, volunteers and employees, shall be named as insureds for all required insurance. 6. Miscellaneous. 6.1 Attornev's Fees. In the event any legal proceeding is instituted to enforce any term or provision of this Assignment, each party in said legal proceedings shall be responsible for its attorney's fees and costs. 6.2 Inurement. This Assignment shall inure to the benefit of Assignor and Assignee and their respective heirs, assigns, and successors in interest 6.3 Governing Law. This Assignment shall be construed in accordance with the internal laws of the State of California without regard to conflict of law principles. 6.4 Execution in Countelllart. This Assignment may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 6.5 Assignee to Deliver Notice. No later than five (5) days after the Effective Date of this Assignment, Assignee shall deliver (0 Contractor notice of this Assignment and Assignee's contact information for all notices that mayor are required to be delivered under the Agreement for the Construction of Public Works. [SIGNATURES ON FOLLOWING PAGE] 23991061334..0010 1128479.03a12f16J10 .11. IN WITNESS WHEREOF, the parties hereto have entered into this Assignment to be effective as of the Effective Date. "ASSIGNOR" FULLERTON REDEVELOPMENT AGENCY, a ::~-'1:re~;~ Robert M. Zur Sc ie Executive Director ATTEST: .~.~ Agency Secretary "ASSIGNEE" LUNDGREN MANAGEMENT, a California :_tiOO~, C4f--- Dale Lundgren President ACKNOWLEDGMENT AND CONSENT: The undersigned representative hereby acknowledges and consents to the terms and conditions of this Assignment: "CONTRACTOR" GOP Electric By: ()CTAviAN 'I6?E-SCM. ~NER.. Its: 23%1106133<1-0010 112847903al2116/10 -12- JRN-12-2011 09:36 From:GOP ELECTRIC 8187802012 To: 16612571805 JAN.l1.20114:50PM NO. 678 IN WI1NESS WHEREOF. the parties hereto have entered iDto this Assignment to be effective as of the Effective Date. "ASSIGNOR" FULLERTON REDEVELOPMENT AGENCY, II public body, corporate and politic . BY.~~h~~ i! R~;M Zur So . Executive Di.reetor ATTEST: Agency Scct:etazy "ASSIGNEE" LUNDGREN MANAGEMENT. a California corporation By; Dale Lundgren President P.3/3 P. 3 ACKNOWLEDGMENT AND CONSENT: The undetlligned representative hereby acknowledges and consents to me temia and conditions of this Assigmnent: "CONTRACTOR" GaP Electric By: (Je..7A-vIAN 16-?i25CM.. Its: 13~1334-0alD 111_"'016114110 -12- ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE IMWDO!YYVV) ~ 1/18/2011 ~OO1Jte~ THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION Number I Insurance Marketing Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 17111 Beach Blvd., Ste 103 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Huntington Beach, CA 92647 Lie No OC17917 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (714) 848-4400 FAX: (714) 698-9698 INSURERS -"FFORDING COVERAGE NAlC# IMSUREO NSURER A: Navigators Insurance Company Octavian Popesc~ - t.lstJRER.8: , . G 0 P Electric NS1JRfR c: 7317 Haskell Ave. Ste 114 IN.StJRERD. ,Van Nuys, CA 91406 NStlRERE: ~ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTO THE INSURED NAJJ.ED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING mY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VlJlTtI RESPECT TO WHICH THIS CERTIFICATE f;..V\Y BE ISSUED OR ~AY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERBN IS SUBJECT TO AlL THE TERMS, EXCLUSIONS AND CONomONS OF SUCH POLICIES. AGGREGATe LIMITS SHOWN MAY HAVE BEEN REDUCSO BY PAID ClAIMS IN~! ~~'I POLICY NUMSER POI.ICY EFFEcnVE POLICY EXPlRAn~ I Ut.1ff$ ~NEAAlllAellnv _RRENCE ".000 000 X COt.tMERCv..l GENERAl UASt..rrv $ SO 000 A I ClAIMS MAOE 0 OCOJR 04-10132312 1/3/2011 1I3n012 MEO EXP~An: (mil MltlOl"o) $5000 ~ Occurrence ANF-BT 201 PERSONAl.. & NJV INJURY" $ 1,000.000 r- GENERAtAGGREGATE $ 2,000,000 ~A~n~L1MIT A.r~!EtIPER: PRODUCTS. CQ:.1PiOP AGG d 000 000 X POLICY ~~ tOC ~O"lOBlLE LU\BIUlY OOMBlt.EOSlNGt.El~.trT $ - JVN ",um ~&~) - ~.uO~OAUIOS .Wl i!' zon OODllY UUURV SCHEDUL!:O AUTOS (r'wP5'~n) . - ll.!.no rllm HIRED- AUTOS - .~~ ~nt 6QOILY l!4JURV . I- NON-oHNED AUTOS (Por~l) PROPERTY DAMAGE .. (PBf~i) R~G' UA~UYY AUTO OtKY. EA ACClCEHT . fo)!YAUro 01'HER ThAN EAAOC $ AUTOON!..~ AGO . pSSI lttASRfll-^ LIABIUlY EACH OCCURRENCE . ocaJR o ClAlt.\St.1ADE -"GGfEGATE . . ~ ~~cnD1E S ETEN.ION . $ WORKEltS COMPE'NSA'nON we STATlJ...1 IOJ.\'- AND EMPlOVrni;' LIABlU'J'Y V! N AN'(PRQffiIffOR.f>ARThl.Ell/aEC'..Il1Ve 0 e.l. EAQi ACCCEtfT $ QFqC~.'BER ~XCW()g)? {MandatorylnNH'} E.L DISEASE. EA EMPLOYE $ ~~m:,~~s~w E.l. DISEASE .POLICY WIT . OTHEA: DESCAIPTJON OfOPERATION$, LOCAnONSi VEHICLES/EXCLUSIONS ADDED B'I' ENOORSetcENT I$PeCIAL FROVlSIONS Job Location: 500 N. Harbor Blvd. Fullerton, CA 92832 Lundgren Management Corp. is named: Additional Insured with regards to CGL per blanket policy form ANF-ES 043 CERTIFICATE HOLDER CANCelLATION SHOULD AHYOF IHEABOVE DESCRlBEO POLICIES BE CANCELLED BEfORE: THE EXPl RATION Lundgren Management Corp. DATE THEREOF, THE ISSUJNGUIlSURER WR..L 8IIDEAVOR TO.MAlL *30 DAYS WRrrTEN 26330 Citrus Street NonCE TO THE CERT1FICATE HOLDER NAMED TO THE lEfT. BUT FAilURE TO DO SOStfALL IMPOse: NO OBliGATION Oft UABIUTY OF ANY KtND UPON THE INSURER. ITS AGENTS OR Valencia, CA 91355 REPRESENTATIVES. J\JJTHORIZEO REPftESErlrA1lVE '-- ,/1,~ 7'_---.:::- I ACORD 25 (2009101) $ 1988-2009 ACORD CORPORATION. All rights reservsd. The ACORD name and logo are registered marks. of ACORD .-..-. --, .---".--------.-. ~ 1...C~Ri:f CEk..ACAlE OF UABlUlY INsuRANce 011 1 1lIS CERlJFlCAlElSISSlEDASA MATtEROF INFalMAlIONCtIIl.Y ANDlXlNFERS NO RIGHIB UPON lIiECERI1F1CAlE HOI..CER. lHS CERI1F1CAlE DOEB NOT AFRRMAlIIIEL Y ORNEeAlIIIELY AiVEND, EXlEND a;: ALlER lIiECOWlWlEAFRlRDED BYlIiEFOUaEs BSI..OIIL lHS CERI1RCAlEOF INSuRANce DOES NOr CONSJrnITEACCNl'RACTBEnr.eNJHE/SSUlNG INSI.lRER{s). AUlliCRI2ED REPr <<A1l\IEa;:P!Otn~ANDlMECERI1FICAlElfCILOER. . III'I'CRrANl': Ifthecertillcale hoIderls an AOalIOIW..INSURED, the poIlcy(les) IlIl8t be llnlloosed. II SUIlROGA1ION IS WAIVED, 8Ul:Iject1o lhetBrms_ condJtiOllS oflhe polIcy, cel1aIn policies nay requireanOloo_...1l. A_._4on _ c:ortiIIcale _ not confer dgllls IOlhe certilicale hoIderln lieu of SUCh FllalUCER Number1lll8ur.111C8 IVIarI<slIng ServIces 17111 beach bIvd#l03 .. Huntington Beach, CA 92647 Ucensetk 0c17917 IRTTANl VAUGHT " ,......., Ins.can AFRloI>N<>CCM!RA<e I ...c~ INSlRERA: a, INSl.R&R.c: ~D: !I'CSlJE'fE: INSU&tF: ~GES CERI1F1CAlE NfAIIIlER: _1112978 REl/J51ON!'IU\IElER: 2 'lHSISlOCERnFYlHATlJ-EPCuOesCFINSlRMceUSTIDB3.OiVHI<\iE 8EENrssta>101J.E 116.R3:>""""H>AB<:M:1R:R1J.E I'CUCYF'B'ilCO 1Nl000lBl N:liWJHsrPN:l><3J'/WRB:J.IRl3ven; ~O<<no11CN<F IWf.CCNlRACrO<OlI-ERDOCl.IIeIrWlHAeSl'B:rlOVlHOi'lHS CERnAO>.1EM<>.Y BEIl3S..eDO<M<>.YFB<r~ lJ-EINSUWcEN'RlRCeJ BY1l-EfUJOesl:l39::Raa::>/-ERINISstBJECnoAU.. 1J.ETERvE. excu.sa.BAI'O<no11a.BCl'su:HPCuOEi& UMlSSH;1IWM<>.YH<\\iE8EENRS:l..CEDBYAA!DaAlJl/S LlR 1"I'R!a=1N3tIRANce: A -_ ~-LlABIJTy ~ [KJax:uo Occur ANF-BT201 GOP~c 7317 Haskell Ave. SIe 114 Van Nuys, CA 91406 .:..t. .. . utm'S . Y N 04-10132312 . ( 1 . $ / $ -~ $ PRXU:Js-CXMVcP~ $ $ ANYPU1Q AlJ.Oi\N3) AUItS """'AUItS 0XlR I -......... Ill<<:ESSlJAS "'" ~$ ..........-- Ar\O~UABlU1y YJN ~~DN/A ,_......, ~-=.- CFmoom 600t<XXl.mE>a; ~'" $ $ . . , lJESc::RIPncwa>~/~/\9tc:t.ESCA2bdtACltR)1Of,~~~"n'I:nI.JIQOOfa~ .Job locaIIar. 6lIO N. Harber ElIvd. Fullerton, CA 9:!B32 . Celtillcate hcIder Is ~ AddIllcnalll1SlJJ1ld v.iIh R!gaI<IB to CGL p". ~ pcIk:y t'cnnA/IF.SS 043 CERnFICAlE !'I:llDER Fullerton Redeve/opment Agenc;y 303 W:st CcnmonweaIlh Avenue. Fldlerton. CA 92B32 ~1IQ\1 SHCUI.DANfOF-ASCNE~eEDI'CUClES I3ECANalleD_ 1HE EXI'IRA1IONDl\lEllI;Rscp. NaIlCEWIJ.IlEDEllIiEREDIN AllCO<OANcewlH_ POlJCY PROIiISlO<S. ACmD25(2010105} of ACC:Ro - ~ 8I\Ncn..l!nay 19, 2q11 it 12:04PM :liCIt A1lriQhls~ I I I """"""""- BLANKET ADDITIONAL INSUREDS- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Polley Number: 04-10132312 Endorsement Effective: 11312011 Named Insured: Countersigned By: OCTAVIAN POPESCU ~~ ~ DBA: G 0 P ELECTRIC SCHEDULE Name of Person or Organization: LUNDGREN MANAGEMENT CORP. 26330 CITRUS STREET VALENCIA, CA, 91355 Location: 500 N. HARBOR BLVD, FULLERTON, CA, 92832 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions ansing out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) 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 on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of ''your work" out of which the Injury or damage anses has been put to its intended use by any person or organization other than ancther contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you' and "your" refer to the Named Insured shown In the Declarations D. 'Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primary Wordina If required by written contract or agreement: Such insurance as Is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it. Waiver of Subroaation If required by wrItten contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of 'your work" done under a contract with that person or organization. ANF- ES 043 (512006) BLANKET ADDITIONAL INSUREDS- OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Polley Number: 04-10132312 Endorsement Effective: 11312011 Named Insured: Countersigned By: OCTAVIAN POPESCU ~~ ~ DBA: GO P ELECffilC SCHEDULE Neme of Person or Organization: FULLERTON REDEVELOPMENT AGENCY 303 WEST COMMONWEALTH AVENUE FULLERTON,CA,92832 Location: 500 N. HARBOR BLVD, FULLERTON, CA, 92382 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown In the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. W~h respect to the insurance afforded to these additional Insureds, the following exclusion' Is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) 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 on behalf of the add~lonal Insured(s) at the s~e of the covered operations has been completed; or (2) 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. C. The words "you" and ''your" refer to the Named Insured shown In the Declarations. D. "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. Primarv Wordlna If required by written contract or agreement Such Insurance as is afforded by this polley shall be primary insurance, and any insurance or self.insurance maintained by the above additional insured(s) shall be excess of the insurance afforded to the named insured and shall not contribute toil. War"er of Subroqatlon If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your workll done under a contract with that person or organization. ANF- ES 043 (512006) JAN-20-2011 21:15 From:GOP ELECTRIC 8187802012 To: 16612571806 P.2'9 1212812010 UNITRIN AgenV8rokef for ~nanctallnd.mnity Company: ULTIMATE AGENCY USA !NC 5232 TOPANGA CANYON BLVD WOODl.AND HILLS CA 91394 000'318 02 MB O,.SO.l "AUTO TI 0 I~.dil P14C1e 326539 . COl 111'11'1"1,1,1111,11'111111'1"11111'111,1,,1'1'11'1,11"111111' G 0 P ELECTRIC 7317 HASKELL AVE 114 VAN NUYS CA 91406-3285 Ae: Commercial Vehicle Insurance Policy Number CCFICA2994971.o1 Enclosed are your Policy documents lor tno above commercial vehlole policy. Please take a few minutes to review the enclosed documents to confirm that all the inlormation In your documents Is correct. Also be sure to check lhe following: . That all vehicles and drivers to be covered are shown on the enclosed policy documents. . That the information on your Prool ollnsuranoe Cards is correct. . That all optional coverage forms are shown on the policy documents. . That the policy Declarations Page and/or an Amendatory Endorsement summary form ars enclosed. Be sure to put those documents In a safe place wnh your other insuranco documents and records. Your premium bill will be mailed separately. so watch your mailbox lor your premium bill. "you have any qUestiolls or concerns about your commercial vehicle insurenca. please contsct your aganVbroker at 818-932-0462. Thank you for choosing Financial Indemnity Company (UnMn Specially) to serva your commercial vehicle insurance nseds. FORM; FOflMs.COVER == !!!!!!!!!=: = - - = - === - - = = - = = = - ....... - - ~ - - = = -= ~ JAN-20-2011 21:15 From:GOP ELECTRIC 8187802012 To: 16612571806 P.3/9 Financial indemnity Company Administrative Offi099 Located At: 8360 LBJ Freeway. Suite 400, Executive Center II Dallas, TX 75243 Mall CorrespondBnce To: PO BOX 223687 Dallas, TX 75222-3687 UNITRIN "Insurance For U" California Commercial Vehicle Polley Amended Declaration Page Summary Namad Insurad(8) G 0 P ELECTRIC 7317 HASKELL AVE 114 VAN NUYS CA 91406 Your Agent/Brokw ULTIMATE AGENCY USA INO 5232 TOPANGA CANYON BLVD WOODLAND HILLS CA 91364 818-932-0462 Policy Number CCFICR2994971-01 Renewal of Policy Number FC FICV2994971.00 Policy Period From 0311912010 to 0311912011 12:01 s.m. standard lime at the address of lho named Insurod as stated herein. EtfectIve Date of Policy Change: 1212212010 Reason(s) for Policy Change: . A Designated Covered Parson or Organization ondorsement has been added this policy change results in an addltlon.1 premium of SSO.OO. Policy, EndoraemDl1lB, and Amandments Attached 10 Policy CA-999 (10109) Policy Amendatory Endorsement U.672 (01194) California Commercial Auto Policy U.24 (03104) Mileago limitation Endorsement U-62 (01/87) Deletion of Unlsured Motorist Bodily Injury Coverage from Policy U-642 (10/03) Daslgnated Insured Endorsament U-644 (12/03) Single limit 01 liability U.784 (07/03) Exclusion of Certified Act of Terrorism Total Premium and Fees Premium for all Vehicles (See Total Coverege Premium) Addhionallnsured Fee Vehicle Assessment Fee $3.422.00 $75.00 $1.80 Discount(lI)JSurchllfge(8) Appliad To This Policy Paid In Full 12 Month Term Total for this Policy Term $3,498.80 In return for the payment of the premium and subjsct to all the lerms of this policy, we agree w~h you to provide the insurance as slated in your policy documents. Declaratlone Print Date: 1212812010 CA-855 (12/07) F'ORM: SDOCS.DECPGE Page 1 of 3 Insured's Copy JAN-20-2011 21:15 From:GOP ELECTRIC Financiollndamnlty Company 8187802012 To: 166125718'2l6 P.4/9 Policy Numbor: CCFICR299497Hll Policy Effective Defe: 0311912010 Your Aganl/Broker: ULTIMATE AGENCY USA INC 818-93:l.0462 Coverage la only provided whero a limit oIlleblllty and 8 premium are _ for the coverage. Coverage Limits Premlllm Pert I . UabDIly Coverage Combined Single Limit (UAB) $1 , 000. 000 Each Accident $3,422 Pal'll! . Medical Paymenl8lPereonellnJurv Protection Medical Payments (MED) No Co v era g e Each Person Pal'llll- UnlnsuredlUnderlnsured Motorist Coverage non-etackecl Bodily inJury (UMBI) No Coverage Each Person No Cove r age Each Accldant Total Coverage Premillln $3,422 . LEGEND: . fNC .Inoludell . UCL -Excluded to y-V.. .. N..No . NCY. No Coverage . NA. NOI Applloable . bED. Deducllble . BCHD. llchodulo Page 2 of 3 Insurecl's Copy . ACV. "ctuol C811h Yalu. . Np. NamocI Peril. CA-8liS (12107) JAN-20-2011 21:15 From:GOP ELECTRIC F1nanciallndemnily Company 8187802012 To: 16612571806 P.5/9 Poli"y Number: CCFICR2994971-0' Policy Ellec:llve Date: 03119/20'0 Your Allenllllraker: ULTIMATE AGENCY USA INC 818-932-0462 eoveragolo only provided where a limit of liability and a premium ore ahown for tI1a coyorage. SCHEDULE OF VEHICLES COVERED VoIl Goroge Cle. Radius LIenI Vo!llclo V1N Vehicle ACV (DEDUCTlBLES) Hum Zip Terr MOl< Lo.. Doscrlptlon Aa8088rnont OTC/NP COL UMPD peyoo $ $ $ $ 2549 91406 8, 50 N 2001 ISUZ NPR uAL84B14117002549 NCV NCV NCV NCV 82:35 91406 81 50 N 200_ TYTA TUNDRA 5TBJN32104S438235 NCV NCV NCV NCV COVERAGE PREMIUMS Coverage 18 prOYlded only lor lhoae vehi,,1e8 where 8 premium 8Itlount is ohawn for 1he covorage. 1834 1588 UMPD LIMIT $ NCV NCV TOTAL PREM $ VoIl Num 2549 8235 liAS $ 1, ea4 1,595 USTED DRlVER(S) DRIVER OCTAvtAN POPESCU DRIVER liCENSE NO. 0'61665.4 DATE OF BIRTH 06/21/1976 FINANCIAL RESPONSIBILITY FlllNG N DRIVER STATUS INSURED VIOLATION! ACCIDENT POINTS o ADDmONAL INTEREST(S) TYPE VEHICLE NAME f ADDRESS CITY STATE ZIP Addtttontll InlSu,..ed ALL FUL~ERTON RED~VELOPMENT AGENCY 303 WEST COMMONWEALTH AVE FULLEJHCN CA 92832 Add, t ionnl In~ured ALL LOS ANGELES UNIFIED "SCHOOL OIS 1000 N MILWAUKEE AVE GlENVIEW IL 60025 Add1t.1onal Insured ALL LUNDGREN MANAGEMENT CORP 26330 CITRUS STREET VALENCIA CA 91355 LEGEND: . INC. Inoludccl . V-Villi . EXeL .ElEoludccl . N.No . HCV. No Covorege . DEl>. Dedvotlble . NA. Nol 4ppllcoblo . SCHD. 8chcclul. . ACV - Aeluel Caah Voluo . Np. Nomad Perl I. CA-8S5 (12/07) Page 3 01 3 Insured's Copy JRN-20-2011 21:15 From:GOP ELECTRIC 8187802012 To: 16612571806 P.6/9 UNITRIN AMENDATORY ENDORSEMENT This endorsement forms a psrt of the policy described below, and is effective from 12:01 a.m. on the Endorsement Effec~ve Date. Insurenc:a Company: Financial Indemnity Company Policy Number: CCFICR2994971-0t Named Insured: GO P ELECTRIC 7317 HASKELL AVE t14 VAN NUYS CA 91406 Policy Effective Date: Endorsement Effective Date: 03/1912010 12/22J2010 Policy expiration Date: 0311912011 In consideration for your promise to pay any Increase in or change to yaur premium, If applicable, we agree that the following changers) have been applied to the above referencad policy. Change: The following have been added as a designated covered person or organi2ation: Entity Name: FULLERTON REDEVELOPMENT AGENCY Addre88: 303 WEST COMMONWEALTH AVE FULLERTON CA 92832 Entity Type: Additlonsllnsured Entity Neme: LUNDGREN MANAGEMENT CORP AddreSe: 28330 CITRUS STREET VALENCIA CA 91355 entity Type: Add~lonal Insured The change(s) resulted In an increase to your premium of $50.00. II applicable, any additional endorsement(s) associatsd with the change(s) are listed in this endorsement form and will become a part of your Insurance policy. Nothing herein contained shell be held to vary. aller, waive. or extend any ot the terms, limits of liability, conditions or. exclusions In the addltionsl endorsement(s). or In the policy, to which this endorsement Is attached other than as stated above. U-990 (t2/07) fORM: sooco.oPTEND 12/28/2010 Copyright, Unltrln. 2007 JRN-20-2011 21:16 From:GOP ELECTRIC 8187802012 To: 16612571806 P.7'9 DESIGNATED INSURED ENDORSEMENT ThiS endorsement forms a part of Policy No. CCFICR2994971-01 Issued to GO P ELECTRIC by the (Name of Insurance Company) Financial Indemnity Company at Its Agency located (city and stale) Van Nuys, California and is effective from 12122J2010 (12:01 a.m. Standard Time). Name of Person(s) or OrganlZation(s): FULLERTON REDEVELOPMENT AGENCY Each person or organization Indicated abOve is an inswed for uability Coverage, but only to the extent that person or organization qualifies as an insured under Part I, Uability 01 the policy. Nothing herein contelned shall be held 10 vary, aller, waive, or extend any of the terms, limits of liability, conditions or exclUSIOns of the policy to which this endorsement Is allached, other than as stated above. ThiS endorsement musl be attached to the revision Declarations when Issued after the policy is written. U-642 (10/03) FOAM: 600e&.oP'rSI\lD JAN-20-2011 21:16 From:GOP ELECTRIC 8187802012 To: 16612571806 P.8/9 DESIGNATED INSURED ENDORSEMENT This endorsement forms a part of Policy No. CCfICR299497, .0' Issued to G 0 P ELECTRIC by the (Name of Insurance Company) Financiallndemnily COmpany at Its Agency located (cily and state) Van Nuys, California and Is effective from 1212212010 ('2:01 a.m. Standard Time). Name 01 Person(s) or Organlzation(s): LOS ANGElES UNIFIED SCHOOL DIS Each per;;on or oraanlZatlon Indicated above Is an Insured lor Uabllily Coverage, bul only 10 the extent Ihal person or organization quallffes as an Insured under Part I, Liablllly of the policy. Nothing herein conlained shall be held to vary, alter, waive, or extend any 01 the terms, Iimhs olliabilily, conditions or exclUSions 01 the policy 10 which this endorsement is attached, other than as stated above. This endorsement must be attached to the revision Declarations when Issued alter the policy is written. U.642 (10/03) FORM: 8[X)CS,OP'T1iND JRN-20-2011 21:16 From:GOP ELECTRIC 8187802012 To: 16612571806 P.9/9 DESIGNATED INSURED ENDORSEMENT Tl'lIS endorsement torms a part of Policy No. CCFICR2994971-01 Issued to GO P ELECTRIC by the (Name of Insurance Company) Rnanclallndemnlty Company at its Agency located (city and state) Van Nuys, California and Is effective from 12/2212010 (12:01 a.m. Standard Time). Name of Person(s) or Organlzatlon(s): LOS ANGELES UNIFIED SCHOOL DIS Each person or Ql'ganlzation Indicated above Is an Insured for Liability coverage, but only to the exlent that person or organization qualllfe5 as an insured under Part I, Uablllty of the polley. Nothing herein contained shall be held tQ vary, alter, waive, or extend any of the terms, limits otllablllty, conditions or exclUSions of the pol Icy to which this endorsement Is attached, other than as stated abOve. This endorsement must be attached to the revision Declarations when issued atter the policy is written. U-642 (10/03) FORM: SDOCS 0PTiN0 Best's Credit Rating Center - Company Information for Navigators Insurance Company Page I of2 Ratings & Analysis Center '?'l.!.\'t:~''Z: ,:;...wt~i)' ;\.~~"r~.:::,,( ~ :;:::~~ <.1. Regional CenUlrs: Asia P.aclflC I Canada 1 Europe, Middle East and Africa :e.Prinllhl~OMp. Ratinll5&Analyals," .- lOeesrsCmlttRllllngs+ JlFiflandalStrengthRatinga . Issuer creca Ratings ."""- .Acfvanc:odSearth _About8esfsCreclitRabngs+ .00taCre<litR~IiI+ . Besfs Special Repof1l; . AddBesfllCnldllRalingtS08I'Ctt To Your Slte ..BeslMan<::lot$&eure-Ratod l11SUl'QflI . Contael an Analyst lOAwartlsandRecogrntioos News & Reseln:h Products & Servlcos Industry Information '<I Corporate "" Support & Resources .. Conferences Dnel Events w :'1 ~ .l:, .," , ,t' ,I" Navigators Insurance Company (a mernberof NaoAoalllB Il"ISUlance GrouD\ ,.......__h__... .._..~.._.___ '.____ A.M.Bcst":00182S NAIC':42307 FEINt: 1331J83'O(~1O Irn.~~~:jj 'compal'll&S f ~8EST ~ 1~1: Jlhathave.ln t, /4.' t ',),:i ; our oplnloo, . : en exceIent abIlly to meet th8Ir '''~~~:~~-:e.~~~'"::._... _._ i Acfdi-ea:Reck&on~Palt,6tntemat1Ot1afOI1ve Rye Bfl)Ok. NY 10573 UNITED STATES Phone; 914.93HI999 Fu914-934-2355 web: WWW.MVOcom Belt's Ratinga FinancIal Strwtgth Rating:> View DefInitions Rabng: A (Excellent) Financial Size Calego'Y' X ($500 Million to $750 MUllen) Outlook: Stable Action: Affirmed EffecUw- Dale' June 22, 2010 Issuer Cntdfl Ratings Voew DafinobOnt long-loon.a+ OUllook:Stabla Action. Affirmed Dale: June 22. 2010 Home I About Us I Contact Us I Sltemap ~:~Ifl"i1..M~_III00L9~n!~.f,-,W:~tl Fol" ra1lng1l and produc:t aCOIn __.l:22!!.~". Find a But's Credit Rating '-."""",,,,,,,,,,, :BJ . Advanced Search ~ I View Roling [Nftrrltio.~ Se:le<:tone._ ~..~\ http://www3.arnbest.comlratingslFullProfile.asp?Bl=0&AMBNurn= 1 825&AltSrc=I&Alt... . Denotes Under Review Best's Rafinos Office: A.M. Best Company Senior Financial Analyst: Mare Liebowltz AliSllltllnC Vice President: Gerard J. A1tonJ Repor15 and News Visit our NewsRoom for tha talssl news and Dress relellSO'S forthls company and Its AM. Besl Group. 1,.1":':-; AMB Cl'8dlt ReDort. tnsurarn:e Pmfesskmal_lndudes Basre Financisf Slrength 'I ....1 RatIng and rationale along with comprehensive analytical commentary, de1ailed ,k' bu$lness overview and key financial data. ~ Report Revision Dam: 0710212010 (represents \he latest sign!llc:8ntehal1oa). H1Slot1cal Reports ate available In AMR Gmdil Reoort - InfiUmnoll PmfessloMl Archiv&. f:''\. Best's Executive Summary Reports (Fioanclal OVlH'View). available In lI1ree ~J versions, these pre$ef1talion style reports feature balance shttel, 1n0Jme statement, key finenclal performance tests induamg prorJtl!lbibfy, liquidity and reserve analysis. Data Status: 2010 Best's Statemerrt Fije. PIC, US. Conlalns data complIed as of 1113J201'(Oo;IItyCro"Chee~ . 51nolo ComDanv. fwe years offlnanclal data specfficalty on this company. . ComDilrlson. slde-by-slde f1nancil!l1 antilysis of this company with a pee!' groop of up to five other companies you s&lect. . ~. evaluate thlscolf'lP8ny's linancials against s peer group COll'lpO$ite. Report displays both the avefllge ancllolal composite of your selected peer group. 1-' AMB CM." ."ort. Bu."m "'of...'o",'. p"'........ yearn of key l~~j flfl800al data presented wilh colorful charts and tables, E8'Ch report also faatunK the latest Best's Ratings, Rabng Ralionale and an 8xc.efJl1 from our Business ReVIew commentsf)'. Data Status~ Conlans dela compiled as of 1/1312011 (QlIllllyCrou CheCklld). tiIi Be!rt"s Kov Rat/no Guido PmsentBllan ~DOr1. i1'ldudes BesfS Financial Strenglh ~~,;,'RaImg and financlal data as provided in Best's Key RaUng Gulcte products. Data Status; 2009 Financial Data (QuaIlIy CftlM Checked). Financial and Analytical Products Be6t's Kev Rallno GuIde. PIC US.\ Ceoada Besrs Slatement File - PIC US Bash StafP.rTI9nl Fill! _ Global gesl'slrtSUl'anoe Reoort!l - PIC US & Canada Besfs Slate 1I1iO. PIC US Best's tnsurarn:e Exoensa Exhibit (tEE). PIC US Beers Schedukl F fReinturancol- PIC US Best's Schedule D fMtmjciOfll BOIlds). US B&srs SChedule D (Common Stocks). US Sesfs Schedule P CLoss Reserves). PIC, US 1/1912011 Best's Credit Rating Center - Company Information for Navigators Insurance Company Besfs Schedule D. HlI'brtd . PIC & L.lH us Best's ScheclLl!e D (Coroomte Bonds). US Best's Insurnnce Reool1s- Online. PIC lIS & Canada Customer SeMc;a I PRICluQ Support I Mtmber cenlor I Contad Info I CaIHt$ AI>otrt....M.e..t ISlrelNltll Pnvaey hlley 1 $Kurllyl TelT'lll otllS"llllU.I&Lia:ns~ CoprrQht02011 A.M. B$$l COmptJl\y, Inl:..ALl RIGHTS RESERVED. A.M. BtJl W\:ll'tfwkI~ H.adqIwt&rs. Ambqt Rea:! 0llltIricl. NtW JetwY. 0&:58. U.8A http://www3.ambest.comlratingslFuJlProfile.asp?BI=0&AMBNum=1825&AltSrc=1&Alt... Page 2 of2 1/1912011 CERTHOLOER COpy SC STATE COMPENSATION INSUR^NCe FUND P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 12-26-2010 GROUP: 000238 POLICY NUMBER: 0003559-2010 CERTIFICATE ID: 12 CERTIFICATE EXPIRES: 10-01-2011 10-01-2010/10-01-2011 LUNDGREN MANAGEMENT CORP, 26330 CITRUS ST VALENCIA CA 91355-5323 SC This is to certify that we have Issued a valid Workers' Compensation insurance policV in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prIor to its normal expiration. This certificate of insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the policy listed herein. Notwithstanding any reqUirement, term or condition of any contract or other document with respect to Which this certificate of insurance may be issued or to which it may pertain. the insurance afforded by the policy deSCribed herein is subject to all the terms. exclusions, and conditions, of such policy. t Representalive ~rL President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER DR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNOER CALIFORNIA WORKERS' COMPENSATION LAW, EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE, ENDORSEMENT H0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2010-12-26 IS ATTACHEO TO AND FORMS A PART OF THIS POLICY, NAME OF ADDiTIONAL INSURED: LUNDGREN MANAGEMENT CORP, EMPLOYER iDEe ~ 0 lam lundgrl!i;n Mor.€lg\W1\err1 POPESCU, OCTAVIAN OBA: G 0 P ELECTRIC SC 7317 HASKELL AVE APT 114 VAN NUYS CA 91406 M0408 PRINTED 12-28-2010 IREV.8-2010l Form W-g (Rev. October 200n DepllrtmentoftheTr'~ InlOlnal RevenueSlIrvlce Name (8S shown on your Income talt return) Request for Taxpayer Identification Number and Certification Give form to the requester. Do not send to the IRS. Check. appropriate boll. I2l IndlviduallSole proprietor 0 Corporation 0 partnGrship o Limited flabdity oompany. Enter the tax classlflcatlon (Oadlsregarded enllty. C_corporation, P=partoershlp) .. ....... o 01har(sellinstructions).... Address (number, street. end apt. or suite no.) 7317 HASKELL AVE. ,A t.114 CIty, state, and ZIP code VAN NUYS, CA, 91406 Ust a.ccount number(s) here (optional) Enter your TIN In the appropriate box. The TIN provided must match the name given on Une 1 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 entities, It la 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, Certification oj . iO' 0- c o .0 ~~ _ 0 02 ~. .Ec ~~ !E o . 0- en $ <J) G 0 P ELECTRIC Business name, if different from above Tax a er Identification Number N D Exempt payee Requester's name and address (optionaQ Social security nLlmber or Employer identifioatlon number 26: 1707909 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. I am not subject to backUp withholding because' (a) I am exempt from backup withholding, or (b) I have not boon 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, I am a U.S. citizen or other U.S. person (dei1ned below). Certlflcatlon 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, contributlons to an Individual retirement arrangement ORA), 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 Ins ns on page 4, 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 irom 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.Q to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership ier 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 iollowlng cases: . The U.S. owner of a disregarded entity and not the entity, Cat No. 10231X Form W-9 (Rav. 10-2007) Sign Here Signature of U.S. person .. General Instructio Section references are to the [ntemal Revenue Gode unless otherwise noted. Purpose of Form A person who is required to file an information return wIth the IRS must obtain your COlTeCt taxpayer identification number (l1N) 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 waitlng for B number to be issued), 2. Certify that you are not subject to backup wlthhcldlng, 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 any partnership income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-8 to request your TIN, you must use the requester's fonn iilt Is substantially similar to this Form W-Q.