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17-035 Tyco Simplex Grinnell, Quinlan Community Center Fire Alarm Control Panel Upgrade, Project No. 2016-08Project No. 2016-08 DOCUMENT 00 520 CONTRACT THIS CONTRACT, dated this 2...'2.. day of f< ... :0r ..,.~011, by and between Tyco Simplex Grinnell whose place of business is located at 6952 Preston Ave., Ste. A, Livermore, CA 94551-9545 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the 2'..'2._day of February, 20.11 awarded to Contractor the following Project: PROJECT NUMBER 2016-08 QIDNLAN COMMUNITY CENTER FIRE ALARM CONTROL PANEL UPGRADE NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Alex Acenas, to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and genera l administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation , all releases and indemnities. 2.2 City has designated MTH Engineers, Inc. as the Consultant. City may change the identity of the Consultant at any time with notice and without liability to Contractor. 2.3 City has designated Gil bane Building Co. to act as Construction Manager. City may change the identity of the Construction Manager at any time with notice and without liability to Contractor. 2.4 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3. 1 Contract Time. 3.2 The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after the Notice of Award. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Conditions) by June 30, 2017. Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or City of Cupertino 00520 -I Contract Quinlan Community Center Fire A larm Control Panel Upgrade Project No. 2016-08 any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Conditions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $2 ,000 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. 3.2.2 $3,000 for each occurrence of a violation of Document 00800, Section 1.7 WORK DAYS AND HOURS . 3.2.3 Three Months Salary for each Key Personnel named in Contractor's SOQ pursuant to Article 2.G of Document 00450 (Statement of Qualifications for Construction Work) who leaves the Project and/or Contractor replaces at any point before Final Completion, for any reason whatsoever, that Contractor can demonstrate to City's satisfaction is beyond Contractor's control. Liquidated damages shall apply cumulatively and , except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work . Contractor should be aware that California Department of Fish and Game, and other State and Federal agencies , may also levy fines and penalties for the harming, harassing or killing of protected wildlife and endangered species. Contractor hereby agrees to become familiar with and adhere to wildlife and endangered species protection requirements. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds , and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities , or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5 .1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions, and federal , state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques , sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, which are identified in Document 00320 (Geotechnical Data, Hazardous Materials Surveys and Existing Conditions), or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Conditions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agrees that except for the information so identified , Contractor does not and shall not rely on any other information contained in such reports and drawings . City of Cupertino 00520 -2 Contract Quinlan Community Center Fire Alarm Control Pan el Upgrad e Project No. 2016-08 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, exp lo rations , tests , reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Conditions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00400 Bid Form Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document 00510 Notice of Award Document 00520 Contract Document 00530 Insurance Forms Document 00550 Notice to Proceed Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposit in Lieu of Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00821 Insurance Document 00822 Apprenticeship Program Technical Specification/Special Provisions Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. Document 00320 (Geotechnical Data, Hazardous Material Surveys and Existing Conditions), and the information supplied therein, are not Contract Documents . The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Conditions). City of Cupertino 00520 - 3 Contract Quinlan Community Center Fire Alarm Control Panel Upgrade Project No. 2016-08 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Conditions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 ( commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7 .6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable , all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived , they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700 , Article 12 , established under the California Government Code, Title 1, Division 3 .6, Part 3, Chapter 5. City of Cup ertino 00520 - 4 Contract Quinlan Commun ity Center Fire Alarm Co ntrol Panel Upgrade Project No. 20 I 6-08 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. QIDNLAN COMMUNITY CENTER FIRE ALARM CONTROL PANEL UPGRADE CITY: CONTRACTOR: CITY OF CUPERTINO, a Municipal Corporation of the TYCO Simplex Grinnell State of California Attest: Approved as to form by City Attorney: bl) ~ my li!tomey, Raodolph Stevoosoo Hom I hereby certify, under penalty of perjury, that David Brandt, City Manager of the City of Cupertino was duly authorized to execute this document on behalf of the City of Cupertino. David Brandt, City anager of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Timm Borden Title: Director of Public Works Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: $41 ,252 ACCOUNT NUMBER : 420-99-023-900-905-QCC 004-03-0 I FILE NO.: 92,008 .23 By: ____ __,_........,,::::_____ ________ _ [Signature] \L..~iA ~i n '-"·e~t· [Please print name here] J By: _______________ _ [Signature] [Please print name here] Title: iA:tf?-Q..._ Ge..n e,rz:;J. fl 1 (Ui. ~ '< [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 986047 State Contractor's License No . 8/31/2017 Expiration Date C10&Cl6 Classification Taxpayer ID No._5_8_-2_6_08_8_6_1 __________ _ Fred Toste Name: _________________ _ Title: __ s_aJ_e_s_R_eP _____________ _ 6952 Preston Ave, Suite A, Livermore, CA 94551 Address: ________________ _ Ph 925-273-0100 one: _________________ _ Facsimile: 925-273-0120 NOT ARY ACKNOLEDGEMENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED City of Cupertino END OF DOCUMENT 00520 -5 Contract Quinlan Community Center Fire Alarm Control Panel Up grad e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 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 1 ) County of /-J /fr/'Yled/f} ) On -~~=-,--,.IJ-........,2"+L~>~z __ before me , /(JI}-/t)(. t.( ... ro y Veios: (~ ueoe? 7 date Here Insert Name and Title of the Officer personally appeared ___,f:_'---·· t'"""'----=.t/._· -'--;.L..;t)----'--~____.c,_1 /l!"----c~d-"e,=-L-y _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. NANCY JOY VELASQUEZ _ Com miss ion # 2119536 ~ Not ary Public -Californi a ~ J Alam eda Coun ty ~ •• ~ ••• Ml<J.OT~ tx~r:,s:ua 10.,2 21 ;( Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature -7'?~ ~ t(~ Signatu ~ Notary Public ----------------oPnONAL ---------------- 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: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ S ign er Is Representing: ________ _ Signer Is Representing: ________ _ • ©201 4 National Not ary Association • www .NationalNotary.o rg • 1-800-US NOTARY (1 -800 -876 -6827) Item #590 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer comple t ing 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 f}/;;;14e,:1/f ) On ·;;; __ j~ ) / / 7 before me , -+-"'M~1rl........,J.. ...... )~<-----<· V,_________.,-Xt..,,._.......O:~'f+---"l/2 _______ t3,--L--½~'lz--S~'~-· ~u~t='."_e.-~_ I 6 ate Here Insert Name and Title of the Officer personally appeared ~/)~fi...,,__,_(~r:~e~/.~f __ S~~~c,t;=· ~w:~· =--<-1}-f---'-C __________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. to o o O o t o :A=c°Y 1o~ Oer A~&'u f z o *I a Commiss ion# 2119536 i Nota ry Pub li c • Ca lif orni a J ~ Alame da Coun ty - ' . ~~:. !}Comm . ~re s Auj 10 . 2019 1 , , ·**-000 00 0000 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 7J~ ~ //~~ Sinatu;;Notary Public ---------------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: ____________ _ C apacity(ies) Claim ed by S igner(s) Signer 's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact 0 Truste e D Guardian or Conservator D Other: ______________ _ Signer Is Representing: ________ _ Signer's Name : ___________ _ D Corporate Offic er -Title(s): ______ _ D Partner -D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ • ©201 4 Nation al Not ary Asso c iation • www.N ation alNotary .org • 1-800 -US NOTARY (1 -800 -876 -68 27 ) It em #5907 tqca SimplexGrinne/1 EXHIBIT A 6952 Preston Ave Ste A LIVERMORE , CA 94551-9545 (925) 273 0100 FAX : (925) 273 0099 www.simplexgrinnell .com TO: Quinlan Community Center 10185 Stelling Road Cupertino , CA 95014 Attn: Alex Acenas SimplexGrinnell Quotation Project: Quinlan Community Center Customer Reference: SimplexGrinnell Reference : 997369301 Date : 02/09/2017 Page 1 of 6 SimplexGrinnell is pleased to offer for your consideration this quotation for the above project. QUANTITY 2 2 1 1 2 MODEL NUMBER DESCRIPTION Quinlan Comm Center FACP 4098-9601 PHOTO DETECTOR 4098-9788 DETECTOR 2-WIRE BASE 4603-9101 LCD ANNUNCIATOR 2975-9445 2 BAY BB/GDOOR/DRESS PNL PLAT 2081-9296 BATTERY 50AH COMM LAB COMMISSIONING LABOR TECH LAB TECHNICAL LABOR PM LAB PROJECT/CONSTRUCTION MGMT DSGN LAB DESIGN LABOR CAD LAB CAD LABOR PREP LAB PRE-SITE PREPARATION LABOR ETHEDROP ETHERNET-NETWORK COMPATIBLE 4100-9111 4100ES PRECONFIG DOMESTIC 120V DPSUB SUBCONTRACTING LABOR Net selling price for Quinlan Comm Center FACP, FOB shipping point, Sales Tax Included, $38,402.00 Lift Allowance DPSVC DP SVCS (PERMITS/FEES/BONDS) Net selling price for Lift Allowance, FOB shipping point, Sales Tax Included, $500.00 Fire Watch DPSUB SUBCONTRACTING LABOR Net selling price for Fire Watch, FOB shipping point, Sales Tax Included, $2 ,350.00 THIS QUOT A TION AND ANY RESULTING CONTRACT SHALL BE SUBJECT TO THE GENERAL TERMS AND CONDITIONS A TT ACHED HERETO . Fire , Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America tqca SimplexGrinne/1 Project: Quinlan Community Center Customer Reference : SimplexGrinnell Reference : 997369301 Date: 02/09/2017 Page 2 of6 SimplexGrinnell Quotation QUANTITY MODEL NUMBER DESCRIPTION Total net selling price, FOB shipping point, Sales Tax Included, $41,252.00 Comments Scope of work: SimplexGrinnell shall furnish shop drawings, submittal books, and will pull permits and submit to the Authority Having Jurisdiction (AHJ). SimplexGrinnell shall also furnish all material per above bill of materials (for selected option), shall program these devices into the new fire alarm systems, and perform one (1) pre-test and one (1) final test to ensure all new fire alarm devices are fully operational. Our quotation includes all shop drawings, submittals , installation , listed materials and technical labor required for the system in accordance with the above listed counts and SimplexGrinnell's qualifications/exclusions. SimplexGrinnell qualifies the following: 1. Installation -wire, wire pulls, device mounting, and device terminations shall be provided by SimplexGrinnell. a . Device installation and terminations to be performed at Fire Alarm Control Unit (FACU) only . b. New smoke detectors will be connected to existing Initiating Device Circuits (IDC) and shall be provided in the following locations. i. Above FACU ii. Above Dialer Panel c. New detectors shall be run free air where possible. Exposed conduit and/or wire molding will be used if wire is not able to be installed between wall cavities . d. Existing LED annunciator in front office will be replaced with a new LCD annunciator. 2. Pricing provided to replace the existing 4002 FACU with a new FACU . a. All existing peripherals and circuits shall be reused. b. Existing devices shall remain conventional. c . New FACU has the capability to add any future peripheral devices to new addressable circuits. 3. All work shall take place during SimplexGrinnell's normal working hours . a. 100% Testing shall be performed during normal working hours . 4. Scheduling of technicians shall be made at least ten (10) business days in advance of required date. 5. No changes to the existing fire alarm system sequence of operation . System shall operate and function as originally installed. 6. Fire watch (if required) shall be provided by SimplexGrinnell. 7. Any work/materials other than which have been outlined above will be considered outside the scope of work and will be addressed with a change order. 8. Performance and Payment Bond included. Fire, Security, Communications, Sales & Service Offices & Representatives in Principal Cities throughout North America tqca SimplexGrinne/1 Project: Quinlan Community Cente r Customer Reference: SimplexGrinnell Reference : 997369301 Date: 02/09/2017 Page 3 of6 SimplexGrinnell Quotation Comments (continued) **Should these criteria not be met, this proposal will not be accurate and additional cost will result. Exclusions: a) Cutting , painting and/or patching b) Access hatches c) Electrical Engineering stamp or approval d) Replacement of any existing peripheral devices. e) Any carpentry repairs. f) Replacement of existing FA wire or conduit g) AC power h) Conduit , or Conduit penetrations i) Any requirements more stringent than NFPA 72 , 2013 SimplexGrinnell's "General Terms & Conditions" (attached) shall be made a part of this proposal. Payment for mate rial s/engineering (i.e . service to date) must be received prior to programming/testing . Thi s proposa l/quotation shall remain in effect for th e next thirty (30) days after which it s hall be s ubject to review by SimplexGrinnell . Should this meet with your acceptance , kindly sign & return this document to my attention . Please feel free to contact me regarding any of your fire protection needs . I thank you for your t ime and consideration. Fire , Security, Communication s, Sales & Service Offices & Representatives in Principal Citie s throughout North America DOCUME NT 006 l 0 CONSTRUCTION PERFORMANCE BOND Project No. 2016-08 Bond No. 82450696 THIS CONSTRUCTION PERFORMANCE BOND ("Bond ") is dated March 13 2017 Forty One Thousand Two Hundred Fifty Two and 00/100 dollars ($41 252 00) is in the penal sum of ________________________ [which is one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the faithfu l performance of the Construction Contract listed below. This Bond consists of this page and the Bond Terms and Conditions, paragraphs 1 through 12 , attached to this page. Any singu lar reference to Tyco Simplex Grinnell ("Contractor"), Federal Insurance Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where app licab le. CONTRACTOR: Tyco Simplex Grinnell Name 6952 Preston Avenue Suite A Address I ivermare CA 94551-9545 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Federal lnsmance Campany Name 202B Halls Mill Road P .O. Box 1650 Principal Place of Business Whitehouse Station NJ 08889-1600 City/State/Zip QUINLAN COMMUNITY CENTER FIRE ALARM CONTROL PANEL UPGRADE PROJECT NUMBER 2016-08 at Cupertino, California. DATED February 9 , 20J]_ in the Amount of$ Forty One Ibrn1sand Two Hundred• (the "Penal Sum") SURETY Company: Company: (Corp. Seal) Federal Insurance Company Name and Title: Da...c<e" Sa .c ~Q,( ~GM I Signature: ~ ~--- Name and Title: Adam Martin . Attorney-In-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, ex ecutors, administrators, successors and assigns to City for the comp lete and proper performance of the Construction Contract, which is incorporated herein by reference. 2 . If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor sha ll have no obligation under this Bond. 3. If there is no C ity Default, Surety 's obligation under this Bond shall arise after: 3 .1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sum: City of Cupertino 00610 -1 Construction Performance Bond Quin lan Community Center Fire Alarm Contro l Panel Upgrade * Fifty Two and 00/100 dollars ($41.252.00) Project No. 20 l 6-08 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or 3 .2.2 To a contractor se lected to perfonn the Construction Contract in acco rdance with the term s of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraph 3 , Surety shall promptly (within 30 days) and at Surety's expense e lect to take one of the following action s: 4 .1 Arrange for Contractor, with consent of City , to perform and complete the Construction Contract (but City ma y withhold consent, in which case the Surety must elect an option described in paragraphs 4.2 , 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided , that Surety may not select Contractor as its agent or independent contractor without City 's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bid s from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and , upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and , if Surety 's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sum , then Surety shall pay to City the amount of s uch excess ; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and , after inve stigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6 , below, for the performance and completion of the Construction Contract and , as soon as practicable after the amount is determined , tender payment therefor to City with full explanation of the pay ment 's calculation. If City accepts Surety's tender under this paragraph 4.4 , City may still hold Surety liable for future damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4.4 , City may exercise all remedies available to it at law to enforce Surety 's liability under paragraph 6 , below. 5. If Surety does not proceed as provided in paragraph 4 , above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond . At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits , Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety 's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual dam ages caused by non-performance of the Construction Contract including, but not limited to , all valid and proper backcharges, offsets, pay ments , indemnities, or other damages ; City of Cupertino 00610-2 Construction Performance Bond Quinlan Community Center Fire Alarm Control Pan el Upgrade Project No . 2016-08 6.3 Additional legal , design professional an d delay costs resulting from Contractor Defa ult or resulting from the actions or failure to act of the Surety under paragraph 4 , above (but excluding attorney's fees incurTed to enforce this Bond). 7. No right of action shall accrue on this Bond to any person or entity other than City or its s uccessors or assigns. 8. Surety hereby waives notice of any change , alteration or addition to the Construction Contract or to related subcontracts , purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time , change, alteration , modification, deletion, or addition to the Contract Documents , or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. An y proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City and Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. I 0. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished , shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provision s conforming to such statutory requirement shall be de e med incorporated herein . 12. Definitions. 12.1 Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12 .2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to , "default" or any other condition allowing a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00610 -3 Construction Performance Bond Quinlan Community Center Fire Alarm Control Panel Upgrade Project No. 2016-08 Bond No. 82450696 DOCUMEN T 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND ("Bond ") is dated March 13 2017 , is in the penal s um Forty One Thousand Two Hundred Fifty Two and 00/100 dollars ($41 ,252.00) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure th e payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Term s and Conditions, paragraphs I through 14 , attached to this page. Any singular reference to Tyco Simplex Grinnell ("Contractor"), Federal Insu rance Company ("Surety"), the City of Cupertino , a Municipal Corporation of the State of California ("City ") or other party s hall be considered plural where applicable. CONTRACTOR: Tyco Simplex Grinnell Name 6952 Preston Avern1e S11ite A Address Livermore CA 94551-9545 City /State/Zip CONSTRUCTION CONTRACT: SURETY: Federal Insurance Company Name 202 8 Halls Mill Road P .O. Bo x 1650 Principal Place of Business Wbitebrn1se Station NJ 08889-1600 City/State/Zip QUINLAN COMMUNITY CENTER FIRE ALARM CONTROL PANEL UPGRADE PROJECT NUMBER 2016-08 at Cupertino , California. DA TED February 9 , 20..!2_ in the Amount of$ Forty One Thousand Two Hundred* (the "Penal Sum ") SURETY Company :~ Federal ln~urance Company Signature:~ ~ Name and Title:\x,-.<(e,\\ ~Scl(ki.,y'"M, A6w\ Name and Title:Adam Martin Attorney-In-Fact BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally , bind themselves, their heirs , executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference . 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes pay ment, directl y or indirectly, for all sums due Claimants; and 2.2 Defends , indemnifies and holds harmless City from all claims, demands , liens or s uits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptl y notified Contractor and Surety (at the address set forth on the signature page of thi s Bond) of an y claims, demands, lien s or s uit s and tendered defense of s uch claims, demand s, liens or suits to Contractor and Surety , and prov ided there is no City Default. City of Cupertino 00620 -I Construction Labor and Material Payment Bond Quinlan Community Center Fire Alarm Control Panel Upgrade * Fifty Two and 00/100 dollars ($41 ,252.00) Project No. 2016-08 3. With respect to Claimants, this obligation shall be null and voi d if Contractor promptl y makes payment. directly or indirectly through its Subcontractors, for all su ms du e Claimants. If Contractor or it s Subcontractors, however, fail to pay any of the perso ns named in Section 3 I 81 of the California Civil Code, or amounts du e under the Unemployment In s urance Code with re s pect to Work or labor perform ed under the Contract, or for any amounts required to be d e ducted , withheld , and paid over to th e Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of th e U nemploy ment Insurance Code, with respect to such Work and labor, then Surety shall pa y for the same, and also , in case suit is brought upon this Bond, a reasonable attorney 's fee , to be fi xed by the court. 4. Con s istent with the California Mechanic 's Lien Law, Civil Code §3082 , et se q., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any , under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney 's fees of any Claimant under this Bond, and shall have under thi s Bond no obligations to make payments to , give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no c hange, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time , alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or it s assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10 . All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the s ignature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 1 I. This Bond has been furnished to comply with the California Mechanic 's Lien Law including, but not limited to , Civil Code §§3247, 3248 , et seq. An y provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of thi s Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for ( 1) work of a s imilar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per diem wages shall be an amount equal to or more than the stipulated rate s contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this City of Cupertino 00620 -2 Construction Labor and Material Payment Bond Quinlan Co mmunity Ce nter Fire Alarm Control Panel Upgrade Project No. 2016-08 Contract. C o ntractor s hall also cause a copy of this dete rmination of the prevailing rate of per diem wages to be posted at each Site. 14 . Definitions . 14.1 Claimant: An individual or enti ty having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §318 I. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas , power, light, heat, oil , gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14 .3 City Default: Material failure of City, which has neither been remedied nor waived , to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00620 -3 Construction Labor and Material Payment Bond Quinlan Community Center Fire Alarm Control Panel Upgrade ACKNOWLEDGMENT 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. S f Co1mecticut tate o cra'.tmO)(l:l(OO)( County of Hartford . on February 9, 2017 before me, Ashley Sinclair (insert name and title of the officer) personally appeared _A_d_a_m __ M_a_rt_i_n ______________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ASHLEY SINCLAIR NOTARY PUBLIC-173125 MY COMMISS ION EXPIRES JAN. 31, 2022 (Seal) CALIFORNI A A LL -PURPOSE ACKNOWLEDGEMENT Ci vil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who s igned the document to which this certificate is attached , and not the truthfullness , accuracy or validity of that document. ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• State of l&\\S~;Ot N.i h County of Pt\ t'I. 0e.d fl } On 3 \'I \ \"7 Date before me, N t\\'vl. ::1 personally appeared \)'S',('\ e... \ \ ':)£xC:... 'C w~~ Who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. N ame and or Names of Signer(s) I certify under PENAL TY OF PERJURY under the laws of the State of Cal ifornia that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature 'l/0-A-j: J 't~~~ OPTIONAL . I -' s <'.\ vi, z, --::S-o ':\, Ve , Notary Public Na me an d Tdl e of Notary NANCY JO Y VE LAS QU EZ Co mmi ss ion # 211 9536 Notary Pub li c • Ca lifo rn ia j Alame da Cou nt y ~ Comm. Ex ires Au 10 , 2019 Place No tary Pu blic Seal Above ------------------------------------ Though the information below is not required by law, i t may prove valuable to the persons relying on the document and could prevent fraudulent remo val and reattachment of this form to another document. Description of Attached Document Title or Type of Document ~ c::.-x \.-Q-( "t"1\, I?\ :\J C-(., Document Date "l \ c\\ \'7 \ \ Signer's Name: C) ·\\ i , -t'....\\ $, £'i C-~W es:r D Individual CSl(corporate Officer-Title(s):-=D....,G:a .... ' ....,_M__,_ ___ _ D Partner -D Limited D General D Guardian or Conservator D Attorney-in-Fact D Trustee D Other: -----------Signer is representing ____ _ ~-, :S\l\.,\'\<X C9 5"\i \:-}tv·C:\ \ Topolttunb Number of Pages : _(o ________ _ D Individual D Corporate Officer-Title(s): ---------0 Partner -D Limited D General D Guardian or Conservator D Attorney-in-Fact Top ol lhumb D Trustee D Other: -----------Signer is representing ____ _ ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• CHUBB ' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents , That FE DERAL INSURANCE COMPANY, an In diana corporation, VIGILANT INSURA NCE COMPANY, a New York co rporation, and PAC I FIC INDEMNITY COMPANY, a Wiscon sin co rporation , do eac h hereby constitute and appo in t Nicole Ann Clark, Je nnife r M Garten, Danielle D John so n , Mic h e ll e A nne McMa h o n , Aiza Lopez, Adam Martin, Aimee R Perondine, Bri a n Pete r s, Donn a M Planeta, Stacy Rivera, Jos hua Sa nford, Ashley Sincl ai r , Keri Ann Smith a nd St e ph a ni A Trudea u of Hartford, Connecticut--------------------------------------------------------------------------------------- each as thei r true and lawful Attorney-in-Fact to execute under such designation in their names and to affix th eir corporate sea ls to and deliver for and on their behalf as su rety thereo n or otherwise, bonds and undertakings and other writings obligatory in th e nature th ereof (ot her than bail bonds) given or execu ted in the course of b usi ness, and any in stru ments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or ob ligations. In Witness Whereof, sa id FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have eac h execu ted and attested these prese ms and affixed their corporate seals on th is 19"' day of January, 2017, D:1v111 M. Ch Ja ros. Assistant Sec ret:1ry STATE OF NE IV JERSEY County of Hunterdon ss Stephen M. Haney. Vi ce Presi delll On this 19"' day of January, 2017 be fore me , a No tary Pub li c of Ne w Jersey, personally came Dawn M. Chloros, to me known to be Assista nt Sec reta1y of FEDERAL INSURANCE COM PA NY, VIGI LANT INSURANCE COMPANY, and PACIFIC INDEMN ITY COMPANY, th e compan ies which execu ted th e foregoing Power of Allorney, and the said Dawn M. Chloros, bei ng by me duly sworn, did depose and say that she is Assistant Sec retary of FEDERAL INSURANCE COMPANY, VIGILANT 11 SURANCE COMPANY, and PACIFIC INDEMN ITY COMPANY and knows th e corpo rate sea ls th ereof, that the sea ls affixed to the foregoi ng Powe r of Attorney are such co rpora te sea ls and we re th ereto affi xed by auth ority of sa id Companies; and that she signed sa id Power of Atto rne y as Assistant Sec reta ry of sa id Companies by like authority; and that she is acquainted with Steph en M. Haney, and knows him to be Vice Pres ident of sa id Com pan ies; and that the sign ature o f Step hen M. Haney, subscribed to sa id Power of Attorn ey is in the genuine han dwriting o f Stephen M. I laney, and wa5 th ereto subscribed by au thority of sa id Co mpanies and in deponenc's prese nce. Nota ri al Sea l KATHERINE J. ADELMR NOTARY PUBLIC OF NEW JE RSEY No. 2316585 comm~ston Exp ires July 16 , 2019 CERTIFICATION Re so lutions adop ted by th e Boards ofDi rectors ofFEDERAL. INS URA NCE COMPANY, VIGILANT INSU RA NC E COMPANY, and PAC I FIC I NDE\1N ITY COMPANY on August 30, 20 1G: "RESOLVED. rhar the following auth orizations rclalc ro Lhc cxccmion , for and on behalf of the Company. of bonds, undcnaki ngs. recognizance s, comracrs and othe r wrirrcn com mi1 mcnts of the Company c111crcd imo in the ordin;1ry course of busi ness (c,1c h .\ ~wrirtc n Co mmian enn: (I) Each o f th e Chairman, the Presiden t and the \lice Presiden ts of the Co mpany is hereby authori zed to execll[e any \\lritten Co mmitmen t for and on behal f of th e Com pany, under rh e sea l of th e C.O mp.in y or 01hcrw isc. (2) F.ach dul y appoimcd ;morncy·in ·facr of th e Company is hereby author ized lO cxccurc any \Vriuc n Comm itment for and on bc h;:i lf of the Company, under rhc sea l of the Co mp;my or 01 herwise. 10 I he ex lenl 1ha1 such aCLion is au l hor ized by I he gra nt of i:x>wers provided for in such perso n's wr iuen appoin fm em as such a11 orney -in-fac1. (3) f.ach of the Chai rm an, rhe Pre sidcn 1 and Lhe \lice Pre si dents of the Company is hereby aU(horized , fo r and on behalf of 1he Company, 10 appoinl in wriring an y pe rso n 1he attorney· in -fac t of rhe Company wilh full power and authority to execute , for and on behalf of the Co mpany, under Lhe sea l of rhe Company or orherwise, suc h \V rirten Com micmems of the Compa ny as may be spec ified in suc h wr iucn apJX)intmc nr, whic h specifkacio n may be by gene ral Lype or class of Wrine n Com mi 1me 111 s or by spec ifi ca tion of one or more panicu lar \Vriuen Co mmitmen ts. (4) f.ach of th e Cha irman. 1h e Presidenr and lh e \lice PresidenlS of 1he Company is hereby aurhorized. fo r and on be half of 1he Co mpany. 10 delegare in writing ro any 01he r omce rof 1he Company the amhorily lO exec ut e, fo r and on beha lf of the Company, under Lh e Company·s seal or othe rwise, such Written Co mmitments of the Co mpany as are specified in suc h wri Hcn de legarion, whid 1 ~pccific.1tion ma y be by ge ner.1 1 type or class of \Vriuen Co mmim1enlS or by specification of one or more panicul:\r \Vrirt cn Co mmim1enlS. (5) The signa1ure of any office r or mher perso n execu 1ing any \Vr ircen Com mitm em or ap po imm cm or dclcg;nion pursua m to this Resolution , and th e sc.11 of Lhc Comp.1ny, m.1y be affixed by fa cs imile on suc h Wriuen Commil mcm or wri tt en appo imm cm or de legat ion. FUR Tl I ER RESO LVED, ch at rhe forego ing Resolu Li on shall not be deemed robe an excl usive Sl:ltemem of the powers and au1horicy of officers. employees and ocher pe rso ns to ;:i,c r for and on beh:1lf of th e Company, an d such Reso lution shall not limit or otherw ise affec t the exe rcise of any such power or aut hori ly oth erwise va lidl y gramcd or veste d " I, Daw n M. Chloros, Ass ista nt Secre tary o f FED ERAL I NSURANCE COMPANY, VIGILANT l i\SU RA NC E COMPANY, and PA CIFIC 11\DEMN ITY COMPANY (th e "Co m pan ies") do hereby ce rti fy that (i) the foregoing Resolutions adopted by th e lloard of Directors of th e Compan ies arc true, co rrect and in fu ll force and effect, (i i) the Compan ies are duly li censed and authorized to tran sac t sure ty business in all 50 of the United States of America and the Di stri ct of Co l umbia and are authorized by th e U.S . T reasury Depart ment; furth er , Federa l and Vigi lant are licen sed in the U.S. Virgin Islands, and Federa l is li ce nse d in Gua m, Pu erto Rico, and eac h of the Provinces o f Canada except Prince Edward Is land; and (ii i) th e foregoing Power of Attorney is true, correc t and in full force and effect. Given under my hand and sea ls o f sa id Companies at Whitehouse Sta tion, NJ, this 9./J. J r:J '( n·t f <.b tl,,(t'.(r"f 1 2 0 I I D~ ,11\. ~~ D:w111 M. Chloros. Assi stant Scc ret:uf IN THE EVE:-:T \'OUIVISH TO NOTIFY USOF A CLA l \4, VERIFY THE AUTHENT ICITY OF THI S BO ND OR NO TIF Y USO F ANY OT HER MATTER, PL EASE CONTACT USAT, Tel ep hone (908) 903· 3493 Fax (908) 903-3GSG e-mail, sure1y@ch ubb .co m Form 15-10-02258-U GEN CONSENT (rev. 12-16) FEDERAL INSURANCE COMPANY STAT EMENT OF ASSETS, LIABILITIES AN D SURP LUS TO POLI C YHOLDER S Statutory Bas is DECE MB ER 31, 20 15 (in t housands of dollars) LIABILITIES ANO ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments................ $ United States Government , State and M unicipal Bonds ........................................ . Other Bonds ................................................. . Stocks .......................................................... . Other Invested Assets .................................. . TOTA L INVE STMENTS .............................. . In vestments in Aff iliates: Ch ubb Investment Holdings , Inc ............... . Pacific Indemn ity Company ....................... . Executive Risk Indemn ity Inc ..................... . Chubb Ins urance Investment Holdings Ltd ... . CC Canada Holdings Ltd ........................... . Great Northern Insurance Company ......... . Ch ubb Ins urance Company of Austral ia Ltd . Vigi lant Insurance Company ...................... . Ch ubb European Investment Ho ldings SLP .. Other Affiliat es ........................................... . Prem iums Receivab le .................................. . Ot her Assets ................................................ . 687 ,917 9,544 ,097 4,49 1,238 692 ,901 2,187,839 17,603 ,992 3,679,770 2,930,246 1,267,144 1 ,020 ,650 590 ,955 469,230 404 ,845 306,232 294 ,200 566 ,480 1 ,659,749 1 ,447 ,072 Outstanding Losses and Loss Ex penses ..... $ Unearned Premiums .................................... . Dividends Payable to Stockholder .............. . Ceded Reins urance Premiums Payable ...... . Provision for Reinsurance ........................... . Othe r Liab il ities ............................................ . TOTA L LIABILI TIES ................................... . Capital Stock ............................................... . Paid-In Surplus ............................................ . Unassigned Funds ...................................... . SURPLUS TO PO LI CYHO LDERS ............. . TOTAL LIAB ILI TIES AND SUR PL US 12 ,174,848 3 ,726,665 1,400 ,000 329,694 35,560 1,295 ,093 18,961 ,860 20 ,980 3,106,809 10,150 ,916 13,278,705 TOTAL AD M ITTED AS SETS ...................... $ 32,240 ,565 TO POLICYHO LDERS ............................. $ 32 ,2 40 ,565 Investments are valued in accordance with requirements of t he National Association of Insurance Commissioners . At December 31, 2015, investments with a carrying value of $546,6 11,273 were deposited with governmen t authorities as req ui red by law. State , County & City of New York , -ss: ________ D_aw_n_M_. _C_h_l_o _ro_s_,_A_s_s_is_t_a_n_t _S_e_c_re_t_a_ry _____ of the Federal Insurance Company being duly sworn , deposes and says th at th e foregoing Statement of Assets , Li abilit ies and Surpl us to Policyholders of said Federal Insurance Company on December 31, 2015 is true and correct and is a true abstract of the Annual Statement of said Company as filed with t he Secretary of the Treasury of the United States for the 12 months end ing December 31, 2015. Subscribed and sworn to before me this March 11 , 20 16 . \\ ~ ,1. , n Ito ~ JEANETIE SHIPSEY ----l~f+----------+-i'-------Notary Pub lic, State of New York Nata~ No. 02SH5074142 Form 15-10-0313A (Rev. 3/16) Qualified in Nassau County Commission Expi res March 1 0, 2019 Assistant Secretary ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDD/YYYY) ~ 3/16/2017 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 cond itions of the policy, certa i n 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 NAME: Marsh USA Inc. PHONE I FAX 411 E. Wisconsin Avenue ,,,.... i..1 ... c~n . (A/C Nol: Suite 1300 E-MAIL Please see bottom of Acord 101 ADDRESS: Mi lwaukee, WI 53202 INSURER(S) AFFORDING COVERAGE ! NAIC# INSURER A: Old Republic Insurance Company !24147 INSURED SimplexGrinnell LP INSURER B: ACE Prope rty and Casualty Insurance Company i 20699 6952 PRESTON AVENUE INSURER C: LIVERMORE, CA 94551 INSURER D : United States INSURER E : ; ! INSURER F: I COVERAGES CERTIFICATE NUMBER: 1678240-A REVISION NUMBER: THIS IS TO CERT IFY THAT THE POLICIES OF INSURANCE LISTED BE LOW HAVE BEEN ISSUED TO T HE INSURED NAMED ABOVE FOR T HE PO LI CY PERIOD INDIC ATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT IFICATE MAY BE ISSUED OR MAY PERTAIN , T HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERE IN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LI MITS SHOWN MAY HAV E BEEN REDUCED BY PAID CLAIMS . INSR ; LTR ; TYPE OF INSURANCE A i X l COMMERCIAL GENERAL LIABILITY tIJ CLAIMS-MADE ~ OCCUR / X ! Contractual Liability f"xl XCU Included .-· _, ------------- I GEN'L AGGREGATE LIMIT APPLIES PER: tx1 DPRO-;D L....../ POLI CY JECT ; LOC ! OTHER: A i AU~OMOBILE LIABILITY A /X )ANYAUTO B A A A ! ! ~b~grNED i X i H IRED AUTOS ~ . SCHEDULED AUTOS ~3~oiWNED . j X j UMBRELLA LIAS ~ OCCUR ! I X ! EXCESS LIAB I I CLAIMS-MADE ! l OED [ i RETENTION $ i WORKERS COMPENSATION ; AND EMPLOYERS' LI AB ILI TY ) ANYPROPR IETOR/PARTNERIEXECUTIVE ; OFF IC ERi MEMBER EXCLUDED? l (Mandatory in NH) [ If yes , describe under ; DESCRIPTION OF OPERAT IONS below ;AOOL;SUBR ; , .. ~n ; "'"n POLICY NUMBER MWZY 308341 MWTB 308344 (E xcludes NH) MWTB 308371 (NH) G28162509 001 MWZX 308372 (NH) MWC 308342 00 (AOS -See pg 2) MWXS 308343 (OH & WA) !101112016 10/1/2017 I 10/1/2016 i 10/1/2016 !10/112016 i 10/112016 10/1/2016 10/112016 1Q/1/201 7 10/1/2017 10/1/2017 10/1/20 17 10/1/2017 10/112017 L IMITS EACH OCCURRENCE DAMAGE TO RENTED PRElv11SES {Ea occurrence) MED EXP (Any one person) PERSONAL & ADV IN JURY GENERAL AGGREG AT E $10,000,000 $10,000,000 $50 ,000 $10,000,000 $30,000,000 PRODUCTS -COMP/OP AGG S INC IN GEN AGG s $7,500.000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S $250 ,000 EACH OCCURRENCE $5,000,000 AGGREGATE s $5,000 ,0 00 NEW HAMPSHIRE (CSL) $7,250,000 I PER L ; OTH-x _ STATUT E .. ·-;_EfL ________ .. ___________ _ E.L. EACH ACCIDENT S $5,000,000 -·-···----·------------~----- E.L. DISEASE -EA EMPLOYEE S $5,000,000 ----------------------------- E.L. DISEASE -POLICY LI MIT S $5,000 ,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) P roj e c t : ALL CALIFORNIA OPERl,TICNS Please refer to attache d I.CO RD 1 0 1 f o r f u rther remarks . CERTIFICATE HOLDER CANCELLATION City of Cup ertin o SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Ave Cu pert ino , CA 950 14 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN United States ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE p11@t1 £ ,.;.It/;.,,? MARSH USA INC , BY: ! Kathl een E. T heisen © 1988-2014 ACORD CORPORATION. All rights reserved . ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ,. AGENCY CUSTOMER ID : LOC#: ~ ACORD® \.._. ... / ADDITIONAL REMARKS SCHEDULE Page .1.... of ...L AGENCY NAMED INSURED Marsh USA Inc. SimplexGrinnell LP POLICY NUMBER 6952 PRESTON AVENUE LIVERMORE, CA 94551 United States CARRIER I NAIC EFFECTIVE DATE: ADD ITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE WORKERS COMPENSATION: Workers Compensation "AOS" Policy includes coverage for the following states: AK, AL, AR, AZ., CA, CO, CT, DC , DE, FL , GA, HI. IA , ID , IL , IN , KS, KY, LA, MA, MD , ME, Ml. MN, MO, MS, MT, NC, NE , NH , NJ, NM, NV, NY, OK, OR, PA, RI, SC, SD, TN, TX, UT , VA , VT, WI, & WV. PRIMARY COVERAGE: The General Liability and Automobile Liability policies are primary and not excess of or contributing with other insurance or self-insurance, where required by written lease or written contract. For General Liability, this applies to both ongoing and completed operations. WAIVER OF SUBROGATION: The General Liability, Automobile Liability , Workers Compensation and Employers Liability policies include a waiver of subrogation in favor of the certificate holder and any other person or organization to the extent required by written contract. For Monitoring services, Waiver of Subrogation does not apply. ADDITIONAL INSURED -AUTOMOBILE LIABILITY: The Automobile Liability policy, if required by written contract, includes coverage for Additional Insureds as required by such written contract. ADDITIONAL INSURED -GENERAL LIABILITY: For General Liabil ity, if required by written contract , the following are included as additional insureds , as required pursuant to a written contract with a named insured , per attached Policy Endorsements A2 and A2A: THE CERTIFICATE HOLDER LISTED ON THIS CERTIFICATE OF LIABILITY INSU RANCE , AND EACH OTHER PERSON OR ORGANIZATION REQUIRED TO BE INC LUDED AS AN ADDITIONAL INSURED PURSUANT TO A WRITTEN CONTRACT WITH THE NAMED INSURED. LIMIT OF LIABILITY: The Liability Limit that applies is the amount indicated on the face of this Certificate of Liability Insurance, or the minimum Liability limit that is requ ired by the written contract , whichever is less. If there is no contract then the Liability Limit is limited to $1,000,000. LIMIT OF UMBRELLA/EXCESS LIABILITY: If the primary insurance policies noted on the face of this Certificate of Liability Insurance satisfy the combination of minimum primary limits and minimum Umbrella/Excess Liability limits required by the written contract , the Umbrella/Excess Liability limits shown on the face of this Certificate of Liability Insurance do not apply. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS: This endorsement modifies the notice of cancellation of insurance provided hereunder: Shou ld any of the above described policies be cancelled, other than for non-payment, before the expiration date thereof, 30 days advice of cancellation will be delivered to certificate holders in accordance with the policy endorsements. Additional lnsureds:City of Cupertino, its engineer , and each of its directors, officers . agents and employees, as determined by the City . FOR QUESTIONS REGARDING THIS CERTIFICATE OF INSURANCE CONTACT: mathew rosecrans (Email : mrosecrans@s implexgrinnell .com Phone : 925-2 73-0100 ext.122) ACORD 101 (2008/01) THIS CERTIFICATE OF INSURANCE WAS GENERATED AND DELIVERED BY EXIGIS RiskWorks®rm.Certificates® Business Process Automation for Risk Management, Insurance, and Trade Finance To learn what EXIGIS can do for your business visit exigis.corn or call 800.928.1963 © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION -ENDORSEMENT A2 Named Insured Endorsement Number Johnson Controls, Inc., Tyco International Holding S.a.r.l. Policy Prefix J Policy Number J Policy Period Effective Date of Endorsement MWZY 308341 10/01/16 to 10/01/17 Issued By Old Republic Insurance Comoanv THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): If required by contract, the person or organization listed on the certificate of insurance as additional insured, and each othe r person o r organization required to be included as an additional insured pursuant to a contract with a named insured. Location(s) Of Covered Operations: As required by contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused solely by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: 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 location 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. GL 289 001 1012 MWZY308341 Johnson Controls, Inc. 10/01/2016 · 10/01/2017 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS M ENDORSEMENT A2A Named Insured Endorsement Number Johnson Controls , Inc .. Tyco International Holding S.a.r.l. Policy Prefix I Policy Number I Policy Period Effective Date of Endorsement MWZY 308341 10/01/16 to 10/01/17 Issued By Old Republic Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): If required by contract. the person or organization listed on the certificate of insurance as additional insured . and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured . Location And Description Of Completed Operations: As required by contract. Information required to complete this Schedule , if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule , but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". GL 289 002 1012 MVVZY 308341 Johnson Controls, Inc. 10/01/2016 • 10/01/2017 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY PRIMARY AND NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS Named Insured Endorsement Number Johnson Contro ls, Inc .. Tyco In ternational Holding S.a .r.l. Policy Prefix / Policy Number / Policy Period Effective Date of Endorsement MWZY 308341 10/01 /16 to 10/0 1/17 Issued By Old Republic Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies in surance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Person(s) or Organization(s): Any person or organization as required by contract or agreement. For Person(s) or Organization(s) that are listed in the Schedule above that are a lso an Additional Insured under an endorsement attached to this policy , the follow ing is added to SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS , 4. Other Insurance and supersedes any provision to the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an Additional Insured under your policy provided that: 1. The Additiona l Insured is a Named Insured under such other insurance; and; 2. You have agreed in a contract or agreement that th is insurance wou ld be primary and would not seek contribution from any other insurance available to the Additional In sured. GL 289 056 1013 MWZY 308341 Johnson Controls, Inc. 10/01/2016 -10/01 /2017 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEA SE READ IT CAREF ULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This e ndorsement modifies in surance provided unde r t he follow ing: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Busi ness Auto Coverage Form and the Other Insurance -Primary And Excess Insurance Provis ions in t he Motor Ca rrier Coverage Form and supersedes any provis ion to the contra ry: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such othe r insurance; and 2. You have agreed in a contract or agreement that this insurance would be primary and would not seek contribution from any othe r insurance available to such "insured". B. The fo llow ing is added to the Other Insurance Condit ion in the Auto Dealers Coverage Form and supersedes any provisio n to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contrib.ution from any other insu rance available to an "insured" under your policy prov ided that: 1. Such "insured" is a Named Insured under such othe r insurance; and 2. You have agreed in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 289 007 101 fr Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission . MWTB 308344 Johnson Controls, Inc. 10/01/2016 • 10/01/2 017 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED BY CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. SECTION II -COVERED AUTOS LIABILITY COVERAGE, A. Coverage , 1. Who Is An Insured, is amended to include as an additional insured any person(s) or organization(s) for whom you are performing operations when you and such person(s) or organization(s) have agreed in a contract or any other agreement that such person(s) or organization(s) be added as additional insu red on your policy. The status of an additional insured under this endorsement ends when your operations for that additional insured are completed. B. The most we will pay on behalf of the additional insured described in Paragraph A. above is the lesser of the amount payable under SECTION II -COVERED AUTOS LIABILITY COVERAGE, C. Limits of Insurance or the amount of insurance required by the contract or agreement. C. Notwithstanding any requirement , term or condition of any contract or agreement with respect to which this endorsement may pertain , the insurance afforded to the additional insured is subject to all the terms, exclusions and conditions of the Commercial Auto Coverage Form to which this endorsement is attached. CA 289 002 1016 Page 1 of 1 Includes copyrighted materia l of Insurance Services Office , Inc., with its permission. MWTB 308344 Johnson Controls, Inc. 10/01/2016 -10/01/2017 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: All persons or organizations as required by contract or agreement (If no entry appears above , information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition is changed by adding the following: We waive any right of recovery we may have against the person(s) or organization(s) shown in the Schedule because of payments we make for injury or damage. This waiver applies only to the person or organization shown in the Schedule. PCA 024 10 13 Page 1 of 1 MWTB 308344 Johnson Controls, Inc. 10/01/2016 • 10/01/2017 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the follow ing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization : If required by contract , any person or organization against whom you have agreed to waive your right to recovery. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage aris ing out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 MWZY308341 Johnson Controls, Inc. 10/01/2016 • 10/01/2017 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 0313 POLICY NUMBER: MWC 308342 00 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by th is policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION AGAINST WHOM YOU HAVE AGREED TO WAIVE YOUR RIGHT OF RECOVERY IN A CONTRACT PROVIDED SUCH CONTRACT WAS EXECUTED PRIOR TO THE DATE OF LOSS . DATE OF ISSUE: 10-01-16 © 1983 National Council on Compensation Insurance. CITY OF II Project No. 20 I 6-08 CUPERTINO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3 700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or unde1iake 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 work. The insurer shall waive its rights of subrogation against the City, the City 's officers, agents and employees and shall issue an endorsement to the policy evidencing same. · C. 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 ev idenced by the issuance of a ce1iificate 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 the Cit y, its engineer, and each of its directors , officers , agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be lic ensed to do business in th e State of California. The Insurers must also have an "A " policyholder 's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City . D. Before Contractor performs an y work at , or prepares or delivers materials to , the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such 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 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. RECEIVED MAR IO 2017 SimplexGrinnell 417 City of Cupertino 00530 -2 In suran ce Form s Quinlan Co mmunity Ce nt er Fire Alarm Co ntrol Pane l Upgra de Projec t No . 201 6-08 LIMITS Worker 's Compensation & Employers ' Liability General Liability -commercial general liability; including provisions for contractual liability, persona l injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. B y : In accordance with the Worker 's Compensation A ct of the State of California-Worker 's comp "statutory" per CA Law; Employers' Liability $1,000 ,000 per occurrence. Combined single limit of $2.0 million per occurrence; $4 .0 million in the aggregate Combined single limit of $1 .0 million p er occurrence. -~------------- C ontractor 's Name) D at e d: m ()..,r-C.{f\ °I 2 0_0_ City of Cup ertino 00530 -3 In surance For ms Quinl an Co mmunity Ce nt er Fire Alarm Con tro l Pane l Upgrade DOCUMENT 00630 GUARANTY Project No . 2016-08 TO THE CITY OF CUPERTINO , a Municipal Corporation of the State of California ("City "), for construction of QUINLAN COMMUNITY CENTER FIRE ALARM CONTROL PANEL UPGRADE PROJECT NUMBER 2016-08 CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including , without limitation , all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work . Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship . Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom , which shall appear within one year, or longer if specified , from the date of Final Acceptance . If within one year after the date of Final Acceptance , or such longer period of time as may be prescribed by laws or regulations , or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly , without cost to City and in accordance with C ity 's written instruction s, correct such defective Work . Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective , and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage , City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work , or defects are discovered outside the correction period , City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of an y of its obligations under the Contract Documents . Even though equipment, materials , or Work required to be provided under the Contract Documents have been inspected, accepted , and estimated for payment, Contractor shall , at its own expense , replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period . All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents , including , without means of limitation , Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor conta ined in the Contract Documents , and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties , obligations , and performance under the .Contract Documents . In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law , such inconsistency or conflict shall be resolved in fav ~ the higher level of obligation of the Contractor. ~ '1 rn fl \·t1-0:i rionel l LP Contractor 'Name \fl5J ?crs\n)'.) A\JS Sv.~ A- Address City /State /Zip City of Cupertino Quinl an Community Ce nt er Fir e Alarm Control Pan el Up gra de Date END OF DOCUMENT 00630 -I Gu arant y