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15-191 Casey Construction Inc., Construction of Storm Drain Facilities on Lindy Lane.RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27283 DOCUMENT: 23349500 11 1111 II I I REGINA ALCOMENDRAS SAN TA CLARA COUNTY RECORDER Recorded a t the reque st of city Pages: Fees * No Fees Ta x es . Copies AMT PAID ROE ft 025 6/28 /2016 12:58 PM 3 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: Lindy Lane Storm Drain Improvements Project Original D For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated June 22, 2016 for CITY PROJECT NAME: Lindy Lane Storm Drain Improvements Project and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on June 22, 2016 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: By: June 22, 2016 Lauren Sapudar Senior Office Assistant CU P E RT I NO Recording Requested By : When Reco rded Ma il To : City of Cupertino 10300 Torre Ave . Cupertino , CA 95014 SPACE ABOVE THIS LINE IS FOR RECORDER 'S USE NOTICE OF COMPLETION Civil Code §§ 8182 , 8184 , 9204 , and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the p roject described be low. 2 . Owner's full name is : City of Cupertino , California . 3. Owner's address is : City Hall , 10300 Torre Ave ., Cupertino , CA 95014 . 4 . Th e na t u re of owner's interest in the project is : _2L Fee Ownersh i p Lessee Other: __________ _ 5. Construction w ork on the project perfo rmed on the owner's behalf is generally describ ed as follows : City Project Name: Lindy Lane Storm Drain Imp rovements Construction of Storm Drain Facilities on Lindy Lane. 6 . The name of the original contractor for the project is : Casey Construction , Inc . 7. The project was completed on : __ O~c~t=o=b~er~2~9~2~0~1~5 _____________ _ 8 . The project is located at: -----=L~in~d'J.-y~L~a~n~e~, =C~u""'pe=r~ti~n~o~, C~A~9~5~0~1 ~4 ___ _ Verification: In signing this document, I, the unde rs igned , declare under pena lty of perjury under the laws of the State of Cal iforn ia that I have read th is notice , and I know and understand th e contents of this notice , and that the facts stated in this notice are true and correct. (,p-J.:J.. -I b ; Santa Clara County ~---- Date and Place ~ Timm Bord e n Director of Publ ic Work s and C it y Eng ineer et, * 2016 -`3S& Lindy Lane Storm Drain Improvements AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CASEY CONSTRUCTION,INC.FOR CONSTRUCTION OF STORM DRAIN FACILITIES ON LINDY LANE THIS AGREEMENT,for reference dated aCA' ( S 2015,is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and, Casey Construction, Inc. whose address is 619 Sylvan Way, Emerald Hills, CA 94062, hereinafter called the Contractor,and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire to enter into an agreement, in accordance with Caltrans Specifications, and the approved Plans title Lindy Lane Storm Drain Improvements dated September 9, 2015, on file with the City of Cupertino, Public Works Department. NOW,THEREFORE,it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within fourteen(14)working days after receiving notice from the Engineer to commence the work,and shall diligently prosecute the work to completion before the expiration of twenty(20)consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees,at its own cost and expense,to fumish all labor,tools,equipment,materials, except as otherwise specified, and to do all work strictly in accordance with Specifications, Special Provisions and Plans,which Specifications,Special Provisions and Plans are hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. Page 1 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,545.01 Lindy Lane Storm Drain Improvements 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractors bid, which is attached hereto as Exhibit "A" and incorporated herein by this reference ($28,300). Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the funds procured by Bridge Bank. Payment will be made by the City in the following manner: On the first day of each month, Contractor shall submit a written estimate of the total amount of work done the previous month. Payment shall be made up to 95%of the value of the work. The City shall retain 5%of the value of the work as partial security for the completion of the work by Contractor. Retained amounts will be paid to Contractor 35 days after the acceptance by the City and the recording of the Notice Of Completion with the Santa Clara County Recorder's office. Payment shall not be construed as acceptance of defective work. No interest will be paid to Contractor on retained funds. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. It is agreed by the parties to the Agreement that in case all the work called for under the Agreement is not completed before or upon the expiration of the time limit as set forth in paragraph 1 above,damage will be sustained by the City,and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay. It is therefore agreed that the Contractor will pay to the City the sum of One Thousand Dollars($1,000)per day for each and every day's delay beyond the time prescribed to complete the work; and the Contractor agrees to pay such liquidated damages as herein provided,and in case the same are not paid,agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement. It is further agreed that in case the work called for under the Agreement is not finished and completed in all parts and requirements within the time specified, the City shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the Agreement,it shall further have the right to charge the Contractor,his or her heirs,assigns,or sureties,and to deduct from the final payment for the work,all or any part,as it may deem proper,of the actual costs and overhead expenses which are Page 2 of 27 Contractor Agreement Lindy Lane storm Drain Improvements—97,545.01 Lindy Lane Storm Drain Improvements directly chargeable to the Agreement,and which accrue during the period of such extensions. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy,acts of the City,fire,flood, epidemic, quarantine restriction, strikes,freight embargoes, and unusually severe weather or delays of subcontractors due to such causes;provided that the Contractor shall,within one(1) day from the beginning of such delay,notify the City in writing of the causes of delay. The City shall ascertain the facts and the extent of the delay,and its findings of the facts thereon shall be final and conclusive. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor,except to the extent they are limited by statute,rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items,if required,are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT(IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder,pursuant to all applicable IRCA or other federal,or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Page 3 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97595.01 Lindy Lane Storm Drain Improvements directly chargeable to the Agreement,and which accrue during the period of such extensions. The Contractor shall not be assessed with liquidated damages during any delay in the completion of the work caused by an act of God or of the public enemy, acts of the City,fire,flood, epidemic,quarantine restriction, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes;provided that the Contractor shall,within one (1)day from the beginning of such delay,notify the City in writing of the causes of delay. The City shall ascertain the facts and the extent of the delay,and its findings of the facts thereon shall be final and conclusive. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor,except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance,workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items,if required,are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACF CIRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder,pursuant to all applicable IRCA or other federal,or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Page 3 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed,color,national origin, ancestry,handicap, disability,marital status,pregnancy, sex, age,or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims,stop notices,actions,causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees,officers,officials,agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys'fees of counsel of City's choice,expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by,for,with,or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here,Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement,Contractor shall fumish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraph 10A, B, C and D. Such certificates, which do not limit Contractors indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance Page 4 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,545.01 Lindy Lane Storm Drain Improvements company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. Contractor to complete the attached Document 00530 Insurance Forms. A. COVERAGE: Contractor shall maintain the following insurance coverage: 1) Workers'Compensation: Statutory coverage as required by the State of California; Employers' Liability. 1,000,000 per occurrence 2) General Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $2;000,000 each occurrence 4,000,000 aggregate-all other Property Damage: $2,000,000 each occurrence 4,000,000 aggregate If submitted,combined single limit of$2,000,000 per occurrence;$4,000,000 in the aggregate will be considered equivalent to the required minimum limits shown above. 3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $1,000,000 each occurrence Property Damage: $1,000,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance,Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein,a waiver of any right to subrogation which any such insurer of said Page 5 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance,City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss,or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor shall furnish the following bonds from a bonding company acceptable to the City Attorney: A. Faithful Performance: A bond in the amount of 100% of the total contract price guaranteeing the faithful performance of this contract,and B. Labor and Materials: A bond for labor and materials in the amount of 100%of the total contract price. 12. PROHIBITION AGAINST TRANSFERS: Page 6 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements Contractor shall not assign,sublease,hypothecate, or transfer this Agreement, or any interest therein,directly or indirectly,by operation of law or otherwise,without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale,assignment,transfer or other disposition of any of the issued and outstanding capital stock of Contractor,or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy,which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent(50%)or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may,at the option of City,be issued in the form of a Work Order. In the event that Contractor employs subcontractors,such subcontractors shall be required to fumish proof of workers' compensation,insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, Page 7 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,545.01 Lindy Lane Storm Drain Improvements prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall,at such time and in such form as City may require,furnish reports concerning the status of services required under this Agreement. 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales,costs,expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary,and to allow inspection of all work,data,documents,proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records,and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith,then Contractor shall reimburse City forall reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices,demands,requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified,addressed as hereinafter provided. All notices,demands,requests,or approvals from Contractor to City shall be addressed to City Page 8 of 27 Contractor Agreement Lindy Lane Ston Drain Improvements-97,595.01 Lindy Lane Storm Drain Improvements at: City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Attention:Chad Mosley All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: CAtett CJrtS+RUG4ton) It'G 9 ck I v AN WA.( M ssAkt, 1 L-tDLO'a- 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt orconcrete and during excavation and grading. If water is usedfor dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters.(Block storm drain inlets prior to the start of the rainy season(October 15),in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement,Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash,lifter, and debris at the end of each work day. Contractor shall also clean up any leaks,drips,and other spills as they occur. Page 9 of 27 Contractor Agreement Lindy Lane Strum Drain Improvements—97,545.01 Lindy Lane Storm Drain Improvements The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection,and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars($250.00)per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor,pursuant to Cal.Water Code'13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder,Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City ofwritten notice of default,specifying the nature of such default and the steps necessary to cure such default,City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement,each party shall pay to the other party that portion of compensation specified in this Agreement that is eamed and unpaid prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all state or federal laws and all ordinances,rules and regulations enacted or issued by City. Specifically,and without limitation,Contractor shall comply with all state, federal,or local regulation regarding the removal and disposal of hazardous waste. A. PREVAILING WAGES: To the extent applicable, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. Contractor shall pay prevailing wages. Contractor will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any Page 10 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. B. WORKING DAY: To the extent applicable, Contractor shall comply with California Labor Code Section 1810,et seq.which provides that work performed by employees of contractors in excess of 8 hours per day,and 40 hours during any one week,must be compensated as overtime,at not less than 1 V2 times the basic rate of pay. C. PAYROLL RECORDS: To the extent applicable, Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week,and the actual per diem wages paid to each journeyman,apprentice,worker,or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. D. APPRENTICES: To the extent applicable, Contractor shall comply with California Labor Code Section 1777.5 regarding apprentices. 21. CONFLICT OF LAW: This Agreement shall be interpreted under,and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara,State of California. 12. ADVERTISEMENT: Contractor shall not post,exhibit,display or allow to be posted,exhibited,displayed any signs, advertising,show bills,lithographs,posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term,covenant,or condition contained herein,shall not be deemed to be a waiver of any subsequent breath of the same or any other term, covenant, or Page 11 of 27 Contractor Agreement Lindy Lane Storrs Drain Improvements-97,545.01 Lindy Lane Storm Drain Improvements condition contained herein,whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of.this Agreement will be effective only by written execution signed by both City and Contractor. 25. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall beread and enforced as though each were included herein. If ththugh mistake or otherwise, any such provision is not inserted or is not correctly inserted,the Agreement shall be amended to make such insertion on application by either party. 26. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect,limit or amplify the terms or provisions of this Agreement. Page 12 of 27 Contractor Agreement Lindy Lanc Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements P.O.No.: ` -o16 - 35S IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO Casey Construction.,Inc.A Municipal Corporation ByCL7 i7 S _ By Timm rden, hector of Public Works Name h'te, C n Date f)-1 Title 7a2c Cj2N ' Date t0/8/l6 RECOMMENDED FOR APPROVAL: By Address La ICI Syit)fw kk 1 Title Fvtiarald Flt1.1st O4 AP ED •STOFORM: B J1 , ) UVB. Car. Sde,ity •.ttomey Al I EST) f/adtres. btacechmi.t,City Clerk Contract Amount:i0 68,3Oa Page 13 of 27 7R r Contractor Agreement CrOLw+ aI -O© - ` Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements Account No.: DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS — SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a •certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. t 5. Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. Page 14 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,545.01 CITY OF tj i Lindy Lane Storm Drain Improvements Cu PERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self-insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the 1 work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement Ito the policy evidencing same. IC. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance ofa certificate in a form prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub-" contract work, contractual obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name Gilbane Building Company and the City, its engineer, and eachshall its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an 1"A" policyholder's rating and a financial rating of at least Class VII in Iaccordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and iIsuch certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for Page 15 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. Page16 of27 Contractor Agreement Lindy Lane Ston Drain Improvemenh—97,545.01 C 10'SCS'L6—quawamidwl'Atria uuolS aue7 APun uamaaagy au)aur uop LZ to LL aged STOZ' x -4-00m20fQ :paged amPN s,xogoexguop) saTTgomogne paxTg pup pauno-uou . aouaxxn000 xad uoTTTTW pauMo buTxanoo anTsuagaxdmoo 0'T$ 3o gTmTT aTbuTs pauTgmoo AgTTTgwTU aTTgomogny suoTgezado pagaTdwoo - sgonpoxd pup szogopxguoo guapuadepuTi agebaxbbp dxnCuT Tpuoszad 'AgTTTgeTT agg uT uoTTTTm 0'6$ Tpngoezluoo xo3 suozsTnoxd aouaxxn000 'ad uoTTTTg buTpnTouT :L;TTTgeTT Texauab 0'Z$ 3o aT TT aTbuTs pauTgmoo TeToxaID1loo - LaTTTgPT'j TuxauaO aouaxxn000 rad 000'000'T$ L;TTTgpT'i1 sxaAoTdm3 [mart hJ zad ,,Azogngegs, dmoo s,xaxxom - aTuxo3TTp3 3o agp;S egad 3o goyy dgTTTgwT'j ,sxaLordma g uoTgesuadwoo s,xa)zom atm qyp& aouepxoaoe uT' uoTgpsuadmoo s,ao4aom saiwn sauauianosdu:1 u)e.cd u»oag aue7 6puj' CITY OP V11.1.4' Lindy Lane Storm Drain Improvements CU PERTINO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Address: Description of operations/locations/products insured (show contract name land/or number, if any) : I— I WORKER'S COMPENSATION * Statutory Min. Employer's Liability name of insurer) Insurance Company's State License No. Check Policy Type: Each Occurrence COMPREHENSIVE GENERAL LIABILITY Premises/Operations General, Aggregate if applicable) Owners & Contractors Protective Aggregate Contractual for Specific Contract Personal Injury Products Liability Page 18 of 27 Contractor Agreement Lindy Lane Storm Drain Improvement,-97,545.01 Lindy Lane Storm Drain Improvements XCU Hazards I ] Broad Form P.D. Fire Damage (any one fire) iI ] Severability of Interest Clause II ] Personal Injury with Medical Expense 1 1 Employee Exclusion Removed any one person) or Self-Insured CO2dt4ERCIAL GENERAL LIABILITY Retention name of insurer) Policy No. Expiration Date Page 19 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,545.01 Lindy Lane Storm Drain Improvements AUTOMOTIVE/VEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage Each Accident name of insurer) or Combined Single Limit I $ j Policy No. Expiration Date BUILDER'S RISK "ALL RISK" This is to certify that the following policy has been issued by the below- stated company in conformance with the requirements of the project documents and is in force at this time. N/A Name of insurer) Policy No. Expiration Date Limits of Liability: Deductible: A copy of all Endorsements to the policy(ies) which in Jany way agent's initial) limit the above-listed types of coverage are attached to this Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document with respect to which this Certificate of Page 20 of 27 ConteacforAgreement Lindy Lane Storm Drain Lmprovemenb-77,545.01 Lindy Lane Storm Drain Improvements Insurance 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. SIT IS HEREBY CERTIFIED that the above policy Cies) provide liability insurance as required by the Agreement between the City and the insured. 1By: Dated: 20 Attach Certificate of Insurance and Additional Insured Endorsement on company forms. Page 21 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements CITY os r'1/ ADDITIONAL INSURED ENDORSEMENT and CUPERTINo ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Lindy Lane Storm Drain Improvements Number: In consideration of the policy premium and notwithstanding any linconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and Gilbane Building Company and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, land its officers, agents and employees, arehereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall knot be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City") . Such notice shall be addressed to the City as indicated below. POLICY INFORMATION 11. Insurance Page 22 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain Improvements Company: 2. Insurance Policy Number: 3. Effective Date of this Endorsement: 20 4 Insured: All notices herein provided to be given by the Insurance Company to the pCity in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I I, print/type name) warrant that I have authority to bind the below listed Insurance Company land by my signature hereon do so bind this Company. Signature of Authorized Representative: Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Title: Address:Telephone: Facsimile: Page 23 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 Lindy Lane Storm Drain ImprovementsCITYOF 1/ COMPREHENSIVE GENERAL LIABILITYI Formatted:Font:lO p4 Bold COMMERCIAL GENERAL LIABILITY 4, ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE PER PROJECT Lindy Lane Storm Drain Improvements Number: In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: jThis Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as IPOLICY INFORMATION E1. Insurance Company: 12. Insurance Policy Number: 1 13. Effective Date of this Endorsement: 20 14. Insured: 5. Additional Insured: City of. Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to I1 or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, print/type Page 24 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,545.01 Lindy Lane Storm Drain Improvements name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Title: Address: Telephone: Facsimile: Page 25 of 27 Contractor Agreement Lindy Lane Storm Drain Improvements—97,595.01 i0'S*S'L6-quaunaoldull Mesa unolg aue1 ApIn7 luamaaa2y iope4uo3 LZ)o 9Z aed pazTzogguy 3o azn;eubTsl AuedmoO sTg; puTq os op uoasaq azn;eubTs Am Aq' pue Auedmo0 aOUeznsUI pe;sTT MoTeq eq; puTq o; A;Tzoq;ne• aneg I ;eq; ;uezzeMl eu1eu edA;/;uTzd) 1I 610G6 eTuao3TTRO 'ouT;zedno !enuany aazoy 00E0T ;e A4T3 ay; o; pazanTTep zo', o; pelrem eq 'Tugs ';uemaszopua sTg; pue AoTTod sTq; q;TM uoT;oauuoo UT A;TDIell; o; AuedmoD eoueznsul egg Aq uanTb eq o; pepTnoid uTazeg saoT;ou TTy paznsul el 0Z ualaszopual sTgl 3o a;eQ anT;oe33a 'EI zagmnN! AoTTod eoueznsul •Zi Aueduop eSveInsug NOlWMOiNT XOrlOdi oez;uop pesuaza;az-anoge egg ;o asueuuo;zed egg o ;no buTST3e 'pe nsuT egg ;o eeAoldMe Aum Aq peUre;sns 'moz;azaq; bar;TnsazI q;eep buTpnlouT 'AznEuT ;o ;un000e uo spew ;uaUAed Aue ;o uoseaz Aq seeAoldme pue s;ue;Tnsuoo 's;uebe 'szeoT;;o 'szogoazrp s;T ;o goes pue• 'ouT;zedno SolA;TO ail;. ;suTebe uoT;ebozgns 3o ;gbrz Aue seATeM Aueduo3 eoueznsul eq; 'AoTTod, egg Aq papzo;3e sT se eOUeznsuT mons o; ;oedsea q;TM ;eq; paazbe sT lI sMoTTo; se peezbe sT ;T 'o;eJeq; pagoe;;a ;vemeszopug' zag;o Ave zo pagse;;e sT ;uemaszopus sTg; goTgm 0; AoTTod egg UT ;ueme;e;sl ua;sTsuoOUT AUe bUTpUe;sq;TM;OU pus =Tread AoTTod ag; 3o voT;e1epTsuoo uI zequlnN s;ueuanoldul UTeau u¢o;s suer Apurq ONIIM3dna NOIINSN8d13O0 SSA122411014 d01 od:Palleuirm Immasuoma N02171Vpoulans 30 s;uautanoidu11 u(eici wio;g auei)(puri 1' O 4..1.13 Lindy Lane Storm Drain Improvements Representative: Original signature required on all Endorsements furnished to the District) Names of Agent/Agency: Title: Address: telephone: Facsimile: END OF DOCUMENT Page 27 of 27 ContractorAgreement Lindy Lane Stonn Drain Improvement-97,545.01 AC•ORI) CERTIFICATE OF LIABILITY INSU- • NCE DATE(MMlODM'YYJ 10/08/2015 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 endorsement(s). PRODUCER CONTACT Gabriel Stubin Western Republic Ins.Services PHONE Frl.(888)467-1718 FAX Nov(714)636-0699 19900 Beach Blvd.,Ste Fl E-MAILDDRESS: info@wrinsurance.comA Huntington Beach CA 92648 INSURER(S)AFFORDING COVERAGE NAIC f/ INSURER A:Everest National Insurance Company INSURED INSURER B: Casey Construction Inc INSURER C: 619 Sylvan Way INSURER D: Emerald Hills CA 94062 INSURER E: 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AODLSUBR POLICY EFF POLICY EXP I TR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMMODNYYY) IMM/DD/YYYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PRFMISDAMAGE TO RENTEDDAMAGFS(FaonetimeNTEDere) $ CLAIMS-MADE OCCUR MED M(P(Any one person) $ PERSONAL B ADV INJURY $ GENERAL AGGREGATE $ GENT_AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY ECS I LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Fa arcldrntl ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURYPer accident $AUTOS AUTOS INJURY(Per _)_ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per arrldentl S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTIONS WORKERS COMPENSATION X WCSTAMITU- q OT - ANDEMPLOYERS'LIABILITY A OFFICER/ EI BER EEXCLUDEE ECImVI• Y INANY N/A 7600009947151 10/01/2015 10/01/2016 E.L.EACH ACCIDENT 1,696,889 Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yea,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS ILOCATIONS I VEHICLES (Attach ACORD 101,AddltIanai Remarks Schedule,If more space Is required) Those usual to the insured's operations.A blanket waiver of subrogation endorsement is included with this policy.Waiver of subrogation status is automatically granted where required by written contract.Project:Lindy Lane Storm Drain Improvements. CERTIFICATE HOLDER CANCELLATION City of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino,CA 95014 AUTHORIZED REPRESENTATIVE DA> I n 1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05)The ACORD name and logo are registered marks of ACORD ACORO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) L.....---- 10/09/2015 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(les)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 endorsement(s). PRODUCER Neilson&Phillips Insurance Services,Inc. CONTACTNAME'Neilson&Phillips Insurance Services 2208 Plaza Drive PHONE Fie). (916)380-5952 FAAIC( Neu(916)3805953ofraiSuite115nnpuce, todd©neiison-phillips.com Rocklin CA 95765- INSURER(SI AFFORDING COVERAGE NAIL# INSURER A*Associated Industries Insurance Company 23140 INSURED INSURER B:Ohio Casualty Insurance Company 24074 Casey Construction Inc. INSURER C:Scottsdale Insurance Company 41297 619 Sylvan Way INSURER O' Emerald Hills CA 94062 INSURERS: 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POUCY EXP ITR_ TYPE OF INSURANCE INCR wvn POLICY NUMBER IMM/DD/YYYY1 IMMIODJYYYYI WAITS A GENERAL LIABILITY X AES1027724 09/01/2015 09/01/2016 EACH OCCURRENCE 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE RENTEDTO PREMISES TO urvn,p) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONALBADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG_ $ 2,000.000 7 POLICY l C Pca I-1I LOC nt B AUTOMOBILE LIABILITY X BA055928232 01/17/2015 01/17/2016 Paton ,N ED;INGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per acddent $AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGEHIREDAUTOSAUTOSPerars-Slant) C UMBRELLA LIAB X OCCUR XLS0095752 02/27/2015 04/27/20162,000,000EACHOCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE 2,000,000 DED RETENTIONS WORKERS COMPENSATION WC STATU- 0TH-' AND EMPLOYERS'LIABWTY YIN TORY IMAIM FR ANY PROPRIETORIPARTNER/EXECUTNE EL EACH ACCIDENT I$ OFFICER(MEMBER EXCLUDED? NIA Mandatory In NH) EL DISEASE-EA EMPLOYEE $ ESN OFO EL DISEASE-POLICY LIMIT $DESCRIPTION underOPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLESAttach ACORD 101,Additional Remarks Schedule If more space Is required) CANCELLATION EXCEPTION:10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM. 30 DAYS NOTICE WILL BE SENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. Project/Lcoation:Lindy Lane Storm Drain Improvements. The City of Cupertino and its directors,officers,engineers,agents,and employees and Gilbane Building Company and all public agencies from whom permits will be obtained and their directors,officers,engineers,agents,and employees,and the State of California,its officers,agents,and employees are named as additional insured per attached endorsment. Primary Wording applies per attached. CERTIFICATE HOLDER CANCELLATION Al 026868 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino,CA 95014- AUTHORIZED REPRESENTATIVE p„_ _ A, ` I I w4s{ Ji}' IK/J'. 1`/ft3Y(:ljd, iPIS Fax:( ) - 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Policy Number: AES1027724 ZOMMERCIAL OMER&LIABILITY,. C.p:20 3 .0704 muta ENDORSEMENT CHANCES THE POLICY: PLEASE READ IT-CAREFULLY, AD.DITIONAL INSURED ERS9. 'LESSEES OR CONT112,',.:4\t. TO.RS TOMATO. . C: ST. .1:::TUS WHEN REQUIRED IN CONSTRUCTION.It-G-FIEEM ENTWITH YI'U This endo.raament.rnadifiaainsurane prettified Under the fpflotttfintx COMM EIRCik. ENEAAir 14*UP(cevgivio4 ricgT A.:4*dd* — Wh9 is An Incurs is:aromas.to. 0. With respect to the insurance afforded to these inolude,as en additional insuredany person or additional.insureds, the following additional exciu: ganizatian for Whciinymt:are:petiottnih9.--opbrailiNt.. Siena apply: when.yeu and suoh-per,SOn or orgarft2atioh:tieVe This InSUrarice,does:not apptyth: agreed ip vaibng in a contrabt.ty agreement that such person or citganization be.added as an add- 1. tedilY,ificiry.", "giroperly derrit4e"tor"parednai tonalinsured ofl your paw.;:Such person or dr- end edvertising arising out of the render- ganizatiort is en additional insured only with re. Iry of, or the failure to render, any professional spent to liability for Icodily. injury", '-'propertyarchitectural, engineering. aurvoing servic- darnage'L or. "parietal arid advertising inlury" es, ineludirigi caused,in Whole:ono part,by 4. The.preparing, -apprpying, or falling to pre- 1. Your aete or orniasibriS or pare or approve, maps, Shop gravvings, Opi- nions; reportsisurveys;fieldorders change2. The.acts or otnieSiOns.of those acting on your orders or drawings and speeifieatioria;•.x)r laeh.alf; Briptiviaory. insPectiort. architectural OrIn'the'performance.of your ongoingoperations for ettginaenng attivitlea.the additional'insured A person's or prgatOon's status an additional 2. "BPdilY.idol''.or IlioraPeO. damage"'aoccurring insured under this endorsement ends When.yOUre operations..for that additional instired.Are 4.- All work, including Materials parts or plated-equipment furnished connecifon. with stiett Work, On the projeat:(Other than:Seta. vice, Maintenance or rePAir8) to be pAr- Ter.mpd oron behalf of the:additional in- surecl(s) .at the' location -of the beveled. peraticint-haStaan coMpleted;'or b. That portien-Pf hyOurVark" ci1it:01-whicb the. id-dry-or damage arises:has been put kilts Intended use.by any persorr::or organization other tail-another centrattbstit-eilboOntrad- tor engaged in performing ogeratjorW.-for a principal atar:part itflie•Came project.. CG.24.23:0TP4 isp PmpartiOs;Inc:, ab,h4 Page 1. p Policy Number: AES1027724 COMMERCIAL.DEN.ERAL.LIASILITY NX.GL OGS-0009 ThIS ENDORSEMENT CHANGES THE'POLICY. PLEASE READ iT CAREFULLY. P MEW RY AN it. N ON-QC)NTRIOU 140.1148011A14CE TH1 R1)4..'ARTY) flit%enaorseeneritIftodifiesineurande pr'.oVide.d'under the following: COMMERCIAL'GENERAL LIABILITY GOV.ERAQE'PART SCHEDULE Third Party: All pereanaorbrgaraaatibhaNtotierkreputred by.writien.coptraet with.the Named Insured AbsObrasta apeeiffaSfy:pathad Third FailVs.abdifeinegiaibottheroviaiOns of-tin endorsement apply as legal by contractual agrienient yv.itkanyThir4.Party for Mom ypp gra perforrning wads.) Paragraph 4.-of ZIECTIOMIEV:CONVIEROALGENERAL LIADILITY CONDITIONS is toplaOed 153.i the fo.11.0ifingt 4. Otilierclitst.trarice, With regpaot tp the.third Part/Ohbvgn bye,#11stspranceis priinaryandnon-oontributing: Any atrial' 9thar valid and calleetableinsurange available to.-auch Third.Party in respect of Work perforrnedby you.ithder v.v,ritten contractual agreements with said Third Party for loss covered by this policy,.shallin no,instance tie considered asprimaty, obrinstiranda, citiintribUting inurahae. Rather,anY e'uth:cither iriaurarte.strall.be tonsitiered.exoesapver and aboYetrie insurande:prQvidatsbY Peng: 11X.9L.0.09 OM. P age 1 01 thopcies.qopyrighted.motorist of InsuranceServices(.)fpc.e.,Ino..i 0th-its permission EXHIBIT A Casey Construction, Inc. 619 Sylvan Way,5nerald Hills,Ca.94062 650-369-1876 10/5/2015 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attn: Chad Mosley Re: Lindy Lane S.D. Please find attached cost to install 47LF x 12" RCP,26LF x 15" RCP, 1 Drop inlet and 1 flat grate with connection to existing M.H. per plans provided. With the cost to provide security bonds included. Total Cost: $28,300 Gerry McGrillen General Engineering&Building Contractor CA.LIC. 798190-A,B,Haz l( Swmtgakip PERFORMANCE BOND 61=¢!904 Bond No. 0655064 Premium: $651.00 KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned, Casey Construction, Inc. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, with its home office at One Newark Center, 20th Floor, Newark, New Jersey 07IO2, a corporation organized and existing under and by virtue of the laws of State of New Jersey,and duly authorized to transact business in the State of N.J.,as.Surety,are held and firmly bound unto The City of Cupertino hereinafter referred to as"Obligee") in the penal sum of Twenty-Seven Thousand Four Hundred($27,400.00 ) dollars,for payment of which well and truly to be made contingent upon all of the terms and conditions hereof, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. SIGNED and sealed this 9th day of October 2015 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named Principal did on the 9th day of October 20 15 enter into a written contract with the Obligee for Lindy Lane Storm Drain Improvements hereinafter"the Contract"). Casey Construction, NOW, if the said Inc.shall well and faithfully do and perform the things agreed by Casey Construction, Inc. to be done and performed according to the terms of the said Contract, we agreeing and assenting that this undertaking shall be for the benefit of the Obligee herein only; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the total liability of the Surety hereunder shall in no event exceed the penal amount of this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments issued by the Surety under this bond, whether to Obligee, to or on behalf of Principal and/or in furtherance of the performance or satisfaction of Surety's obligations hereunder in any way including but not limited to costs incurred in undertaking or arranging to perform any work under or in connection with the Contract),are to be credited against the penal amount of the bond. Further,Obligee hereby waives notice of the Surety's issuance, undertaking or agreement to issue any such payment(s) and/or incur any such costs and Obligee covenants and agrees that the Surety may cease any and all work, payments or other performance hereunder of any kind whatsoever at any time that the penal amount of the bond has been reached or that the Surety deems the penal amount will be reached due to obligations incurred by the Surety(whether or not payment has been issued therefor); all without any requirement of prior notice to Obligee, and that any and all further obligations of Surety hereunder shall thereupon be deemed fully and unconditionally discharged. If there is no Obligee Default, the Obligee having performed all of its obligations under the Contract,the Surety's obligation to the Obligee under this bond shall arise after: a) The Obligee has notified the Principal and the Surety at its address described above that the Obligee is considering declaring a default and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen 15)days after receipt of such notice to discuss methods of performing the Contract. If the Obligee, the Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Obligee's right,if any,subsequently to declare a default;and b) The Obligee has declared a default and formally terminated the Principal's right to complete the Contract in accordance with the terms of the Contract. Such default and termination shall not be declared earlier than twenty(20)days after the Principal and the Surety have received notice as provided in subparagraph a above;and c) The Obligee has agreed to pay the balance of the Contract Price to the Surety in accordance with the terms of the Contract or to a contractor selected to perform the Contract in accordance with the terms of the Contract. When the Obligee has satisfied the conditions of subparagraphs a through c of the preceding section,the Surety shall promptly and at the Surety's expense take one of the following actions: a) Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or b) Undertake to perform and complete the Contract itself,through its agents or through independent contractors;or c) Obtain bids or negotiated proposals from qualified contractors acceptable to the Obligee for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the Obligee and the contractor selected with the Obligee's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the Obligee the completion costs in excess of the balance of the Contract Price only;or d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I.After investigation,determine the amount for which it may be liable to the Obligee, subject to all of the limitations as set forth herein and particularly in subparagraph c above, and as soon as practicable after the amount is determined,tender payment therefor to the Obligee;or 2.Deny liability in whole or in part and notify the Obligee citing reasons therefor. 2 Surety's liability to Obligee hereunder is limited to the reasonable costs of completion of the Contract in excess of the balance of the Contract Price, and Surety shall not be liable for any other claims,costs,losses or expenses of Obligee or any other party of any nature whatsoever. Obligee agrees that amounts owed by Obligee to the Principal under the Contract shall be used for the performance of the Contract and to pay valid claims by subcontractors, suppliers and/or others providing labor, materials and/or equipment to or on behalf of the Principal in the performance of the Contract. By the Principal furnishing and the Obligee accepting this bond, they agree that all funds earned by the Principal in the performance of the Contract are dedicated to satisfy the obligations of the Principal and Surety under this bond. The Obligee further agrees that Surety shall not be liable to Obligee or others for obligations of the Principal that are unrelated to the Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations or by any other claims of Obligee or others. No suit or action shall be commenced hereunder by Obligee: I. After the expiration of one (1) year following the date on which Principal ceased work on said Contract or Obligee declared Principal in default, whichever occurs first, it being understood, however,that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; 2. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated,or in the United States District Court for the District in which the project, or any part thereof, is situated, and not. elsewhere. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Definitions: a) Balance of the Contract Price: The total amount payable by the Obligee to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received by the Obligee in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract. b) Contract: The agreement between the Obligee and the Contractor identified on the signature page,including all Contract Documents and changes thereto. c) Principal Default: Failure of the Principal, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract. d) Obligee Default: Failure of the Obligee, which has neither been remedied nor waived, to pay the Principal as required by the Contract or to perform and complete or comply with the other terms thereof. 3 Casey Constru ' , Inc. Attest: Principal: INTERNATIONAL FIDELITY INSURANCE COMPANY Attest: l iA L I y: ilL11417 glitr Mary Baez, Atto ei(i y-In-Fact (Seal) 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 MA-r..c ',c,i CfnackU-.reskr-.J' ..CA-Cha--ct-treA-CAf..M.ck`.C:f.(4^.C.{.'.fiCrC.c:Y:cN,.[': mori PAYMENT BOND S` `iea0 Bond No. 0655064 Premium: Included KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned, Casey Construction,Inc. as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, with its home office at One Newark Center,20 d, Floor, Newark,New Jersey 07102,a co rporation organized and existing under and by virtue of the laws of State of New Jersey,and duly authorized to transact business in the State of N.J.as Surety,are held and firmly bound unto The City of Cupertino hereinafter referred to as"Obligee" in the penal sum of Twenty-Seven Thousand Four Hundred g(27,400.00 dollars, for payment of which well and truly to be made contingent upon all of the terms and conditions hereof,we hereby jointly and severally bidd ourselves,our heirs,executors, administrators,successors and assigns. SIGNED and sealed this 9th day of October 20 15 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS,the above named Principal did on the 9th day of October 20 15 enter into a written contract with the Obligee for Lindy Lane Storm Drain Improvements hereinafter"the Contract"). • NOW, if the said Casey Construction,Inc. shall pay all valid and adequately documented claims asserted by Claimants as defined herein,we agreeing and assenting that this undertaking shall be for the benefit of such Claimants, then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the to tal liability of the Surety hereunder shall in no even t exceed the penal am mint of this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all pa yments issued by the Surety under this bond,are to be credited against the penal amount of the bond. No suit or action shall be commenced hereunder by any-Claimant: a) Unless Claimant, other than one having a dir ect contract with the Principal,shall have given written notice to all of the following:The Principal,the Obligee, and the Surety above named,within ninety (90) days after such Claimant did or performed the work or I abor, or furnished the materials for wh ich said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished,or for whom the work or labor was done or perfor med. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid,in an envelope addressed to the Principal,Obligee or Surety, as the case may be, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid'project is located, save that such services need not be made by a public officer; b) After the expiration of one(1)year following the date upon which the Claimant last performed work or furnished materials under said contract,it being understood, however, that if any limitation embodied in this bond is prohi bited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States Di strict Court for the District in which the project,or any part thereof,is situated,and not elsewhere. Definitions: a) Contract: The agreement between the Oblig ee and the Contractor identified on the signature page,including all Contract Documents and changes thereto. b) Claimant:An indiv idual or entity having a direct contract with the Principal or with a subcontractor of the Principal to furnish labor, materials or equipment for use directly in the performance of the Contract. c) Labor: Net wages only due and owing for work directly in the performance of the Contract, and shall not be deemed to incl ude union dues, fringe benefit or similar contributions, employee withholding taxes(o r any other taxes), bonuses, or any other form of compensation or remuneration whatsoever. Casey Construct Inc. Attest: Principal INTERNATIONAL FIDELITY INSURANCE COMPANY Attest: By: Mary Baez, Attornbj In-Fact(Seal) 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of San Mateo on October 9, 2015 before me, Deborah M. Knipp, Notary Public Date Here Insert Name and Title of the Officer personally appeared Mary Baez Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(X) whose name is/MX subscribed to the within instrument and acknowledged to me that p!(she/X 9(executed the same in X/her/ e(authorized capacity@,and that by% fherltXsignature( (on the instrument the person(%, or the entity upon behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph r - _. • is true and correct. DEBORAH M.HNIPP WITNESS my hand and official seal. 1979771 z xo COMM.CNotary Public•California o 4 y San Mateo County Signature 1 My.Comm.Expires Mar26,2016 t Signature of ary ublic P/ace Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: • Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 0 Corporate Officer — Title(s): 0 Corporate Officer — Title(s): Partner — 0 Limited 0 General 0 Partner — 0 Limited 0 General Individual IRI Attorney in Fact Individual 0 Attorney in Fact Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: 6q.k<- 4W ytCa,a e.F:.<a.-M n-'.v2"if"fl _.r• _ ."4 i" . Wr-dTa..a 0..Pa-_s-a•<'AM d 2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 r• ‘..v.7.,:t,.v -fligni-a.f x ;# sva,finevi ,•,?'?-34,• VISITLigvarn&vi7,47114.1> 't;- if,*(44)/A-004,"2",:?fl'evi:•,TI-EC:TrjiInt,t kr?a••4S=A,•--,):-,Ttit's.;-T6Z‘i'''',-,"c'":•,i,d,•••:4-a?,`"•••••••TI'2.-;‘1.? x`rsr)2,,,..-1,-r*,cr1/4,2 , AParli?i, \ ,4,;,-40.raZ,010->:,t3 ,s; ' Wancg.a.-7€f-,-f>,'ss O ",f(r'' c,, Azimei,n14,vms,?,=i.4„,4,,c:Ivkr,404,F4:.,in ,p,• 4„.0-0.w.t.soc,4-F,t 4t..-t5..- 1... tikatEye*,,,,e4.4), P:e.;;:,iitetfik, .-ki nciy-l'einotig....,tteittifiilfil2lf)fitilkillt.ti'lera,P. 1,40.eV,??; Railptlifej14,..11- ttei:dv. 0,p18 -0.,%,221;,,,,2,,,,(4,..,,24.i(„,:$104;,,,.;:rzytif litc,,,,,,..ztts,;,.,,:it: v')''Q''''"''''s6s's"''''''''' t%T''4"'* iit_WfdittitYIN8014ANOWCOMOANSCP:?t iA41krAormten;k:.,\:ria4s.K.;:cu,0 ' .,,w,<;tA,%c.;;: INTER.JX1710tsj .,, , ..... - f' :. :.:i!, . :-., ''%•'• "L• ,',..t@.;2':''Aii`i;': I.M;-42j;l: ,,,,4',VV.citin,;‘,P.l;';`,TAX, o ic . ALLEGHENY owstyAthl%COMPANYr,,s f3.:Ti;,; ;'6,??•;.;*:•,,,kz:.4!,;,t.. It.,,, .-t.?;;Zi?.,.-4•,• '..•z.., ..-T4',..,... ,:•;; .::,„:.:?,., i] i,,i.: -,,,,,.-..:,...-:,,....,:,,,,H..,„ Th:;;.,,,..-..;.,; :,,w 7 a::.,:n !:i.i,,,,E•c:.<,..-; .,.;;'.'''',EIsiiA4k&k4ii;, 0-ccOFI---bPOFVMTPIr.;;iiFR.-r °719t50- :iipir,c., ,.. s-. ,,t, 1;;t:,;:f.,,,6'; L MikireitRESE'ORESENT : 'That,INTERNATI 1.,,FII) INSURANCE COMPANY,'a cbrporation and ti organized a'n00)Ilating under the lawg,airtia Stated ,, ,,. .:,,,....,theitNlaws of the State,of NeW'dersey;•and ALLEGHENY. , . , . ... ,: dotierebyboristitute and appoint -: 4 , • ,, : , . t , :. ., ,.. Pennaylyania;baying their principal officeiircthe,Oket Newark,New if?E, •,, ,:•.,]:::- Tr •,i ,;: „,•„:::,: J.,: ,,, •:,•pr.• ,:„, „,,y!::: ,Y GREG MCCARTNIEY, MARY BAEZ Belmont CA ritreet:onothemis ,}., •1!;•t their true'And lawful attorney(s)-in-fact to execute,seal and deliver .and on its behalf as,sJrety,thy and all bonds and undertakings,contracts of indemnity and other writings obligateryAn the naturthereof, which or may be alloweeGrecidiredsobeinpdeirnmoittusdo DLrn(J)rileScLujted and;i',,,,,•,-,and the execution of such instrument(g) inpursu_ance,of these shall he intentsabn? P• the saidastirI NteTERIRieNAH , regulation, NALFdol principal offlces.- S. and amply, to at and . .purposes,:,: '': '•,:., ,,,,,:,,',',. I,r( 1 :',, , ,:• " A. COMPANY and ALLEGHENY CASUALTYOIX1pAt)lrY asci as if the same, had:been;duly , RANCE acknowledged by their regularly elected officers t their This Power:Of Attorney executed and by autherity of'....the folloWingresotutionadop t ted and May,be revoked, pursuant to 4. by,',:butiloritjr Of the.BY-Laws of m\craRNIA:H.ICCOMPANYandALLEGHENYCASUALTYCOMFANY,and is.granted.unider,tOP: bi1/ 4(., th6eDBid.rd‘ibiNfSlYireActNeCrsEir:;'••1' ::: of INTERNATIONAL FIDELITY I SURANCECOMPANY at a meeting duly held on,the 20th day Of1t,tly,,20-10•,..andby th,7"7d,c,foiroctois:of ALLEGHENYiCASUALTYCOMPANYatameetingdulyheldonthe15thdayofAugust,2000: ED that (Ty the Oreeldent;Vice President,Chief Execu&e Offtce Secretary'of the Corporation shall have respective powers'of attorney,andto execute on theagentswithpoweraointritentsof,Attorneys-in-Fact oreg ., and authority ea defined or,limited in their i ns'a ents theCorporationtohf9ppand affix the Corporation's sealthereto, the:'°war la'aPPPiPait6Eegreohkeelf 13' bonde undertakings, contracts of eonfdioeintht-e4or Wntrriottlec%osbtoligaafien.a, , tin e„,,, nature thereof related thereto; and any such Officers:of the,Corpdration may appoint and ievgagaforacceptanceofprocess,and'Attorneys-in-fact( 2)any authority to execute waivers•and•consentsonbf attarnesr,ot:cerriticagn gixeroor,the execution of anyifoftheCorporation;and (3)the signature or any such Officer of the_Corporation and the Corporation's seal may heafted by facsimile to. any power meteor or i ' :: bnd,undertaking recognizance, contract of indemnity or Otherywritten:Oblfgatton in the,na ore: . . . related. ,thereto,,ta,sUktis_lailaturoeanindtecacjaplw0St;:,:.so used whether heretofore.or hereafter,:: being her#,Ctadopted by the Corporation as the'original signature of .,!,!,poz:7',11Pei,. !"..1..' „ ..7, 7'9,, i.7 .:„.:::::.y,••:. :., ,,,,.withthesameforee and effect as though manually 1 ;,:: :,,:,Corporation;to be valid and binding upon the Corporation eIN.Wi INESSWHEREOF,E, INTERNATIONALFIFIDELITY ;:.,. lc ALLEGHENYff::ArCO7INY17 hexecut& and. auestedhesepresentspnhnnox9EI2ol 7, .E i , 7 . 0,C' ; Chief Executive Officer(Internathnal Fidelity ,- . Insurance Company)and President(Allegheny . On this 2f-ic day of,,,July,2014,1 before me came the individual ,executed and, being b' me duly. Sworn.said et,,:is the. therein Oescribecf and authorized.officer of:INTEBNACTIONAL'FIDILITyrifilSINSURANCE COMPANY and:rfiAiLEGNENY`.C1C,k.§1.JALrTYt,:] ,:*. COMPANY;:that the sea 11 t the said Corporate Sealaand his signature yr-ae, dilly affixed by order of the Boards ofOitecDirectors saiac_dr•rpanieS.: ;,-; •,..,-IN TESTocot WHEREOF,Vcav e hereunto set inyhabcfao)ed thy Official Seal at the City of Newark,New Jefsey th 'cay and year first abbye written : ;:', i',, , .:•,::,,, .- , Y7','',, •.,''''':•St‘eil.4,j.' 411$0 s''.,;:•:' ' :'::- :''''`' , ;•,-,,, .:• u:•:-.1. :-%.. ;;;'',:•••, " , J?':I:,...1„,::.':?:',., ,:?,' 0 n:' ":•?:,. 2 11,,::1;:'0 - ',!YTh.`,& •?•-c'i'L%;,' •'• e0;rZt4 ç '/ My Commission Expires April16 2019 I,the undersigned officer of INTERI1ATIONALFIOELITY f forthls said: ,..- -y ' ' ' thereaf'ind:'efthe wholeOathparedtheforegoingcopyofthePowerofAttorneyandaffidavit,and the coPy.of;the Sections the BtLaws:OrSaid Companies as,so , ,Powei;Of Attorney, with the originals onf Oa in the homeofficeof said companies, ::and that"the same are correct ,transcripts . riot bijenrevakedandiSMOWITtfiiii force and 5-foPc.."-;;;,.Of the originale,and the said ppisqrpfektt71?),, aa E, '„ :: ,,,.i: •:',: , ,•:, ‘, ,, ,,,, .-...„!,:: ,,, 26i:•,::.•(;',.:: :p.:,,;,:,::,,,:i',T,',,,-f`••,,,&,:::,IN 7 '•'r: p,,,, 1. „ -,", i .-..,.. ,, ,,': y, 'hisa, . :::, z!:::.§tfi,:*:,),... .:,/1]:0ay tif :k11' 'IOctober,', :? 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