Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
18-127 United Storm Water, Inc., Installation of Curb Screens Purchased by the City on Storm Drain Catch Basins
CITY OF II CUPERTINO 1. PARTIES PUBLIC WORKS CONTRACT $45,000 OR LESS This public works contract ("Contract") is made and entered into on June 20 2018 ("Effective Date ") by and between the City of Cupertino , a municipal corporation ("City"), and United Storm Water , Inc. , a Corporation ("Contractor") for installation of curb screens purchased by the City on storm drain catch basins 2. SCOPE OF WORK Contractor will perform and provide all labor , materials , equipment, supplies , transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A , and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term . This Contract begins on the Effective Date and ends on December 31, 2018 ("Contract Time") unless terminated earlier as provided herein. Contractor 's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time , resources , and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ n/a will be charged for each day of unexcused delay , or City may deduct the amount from Contractor 's payments. Liquidated damages are based on reasonabl)' foreseeable conseQuences of dela)' and max include intangible losses which the Partie_s~-- agree may be difficult to ascertain , such as loss of public confidence in City and its contractors , interference or loss of use of public facilities, and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$ 31,563.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance , bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month , describing the Work performed during the preceding month , itemizing labor, materials, equipment and Public Works Project United Storm water Inc.for installation of storm drain catch basin screens Public Works Contract $45 ,000 /Rev. May 22, 2018 Page I of 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City 's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City . Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker 's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed , registered , and/or certified to perform the Work as required by law , and have procured a City Business License . Contractor shall possess a California Contractor's Licerise in good standing for the following classification(s): A C2 I, C3 l C42 , C27 , which must remain valid for the entire Contract Time . 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City 's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and ~ntract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings , detailed cost estimates , and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign , hypothecate , or transfer this Contract or any interest ther~in , directly or indirectly, by operation of law or otherwise , without prior written consent of City . Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval , which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45 ,000 /Rev. May 22, 2018 Page 2 of 11 8. PUBLICITY / SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupe1tino " must be displayed in all pieces of publicity, flyers , press releases , posters , brochures, interviews, public service announcements and newspaper articles. No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces , except that Contractor may hire qualified subcontractors to perform up to O % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City . A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors . 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily repotts of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed , the number of workers, the hours, the equipment, the weather conditions , and any circumstances affecting performance. City will have ownership of the reports , but Contractor will be permitted to retain copies. 10.2 If applicable , Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work , including mechanical , electrical and plumbing worR;HV AC systems; utilities ana utility connections; ana any other components City determines -- should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs , piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records , and maintained for four years from the date of City 's final payment. Public Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45,000 /Rev. May 22, 2018 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law , and except for losses caused by the sole and active negligence or willful misconduct of City personnel , Contractor shall indemnify , defend, and hold harmless City, its City Council , boards and commissions , officers , officials , employees , agents , servants, volunteers and consultants ("Indemnitees "), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices , actions , causes of action, demands , charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury , property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim , in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim , dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits , or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense , deducting the costs from Contractor's compensation , or terminating the Contract. Public Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45,000 /Rev. May 22, 2018 Page 4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform . Contractor is responsible for verifying the employment status of employees performing the Work , as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of $1 ,000 or more are subject to the requirements of the California Labor Code , including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775 , which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health , pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http ://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more ; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812 , and electronically submit them to the Labor Commissioner as required by the regulations of California, Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day 's work. Contractor will also be required to pay City a penalty of $200 .00 per worker for each day of violation. ( c) As required by Labor Code Section 1861 , by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undetiake self-insurance in accordance with t fie provisions of that code, anaTwill comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race , religious creed, color, ancestry, national origin , ethnicity, handicap, disability , marital status , pregnancy, age, sex , gender, sexual orientation, gender identity , Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification . Contractor shall comply with all anti-discrimination laws , including Government Code Sections 12900 and 11135, and Labor Code Sections 1735 , 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination , Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person , by Contractor or Contractor's employees or sub-contractors will not be tolerated . Public Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45 ,000 /Rev . May 22, 2018 Page 5 of 11 13.4 Conflicts of Interest. Contractor, its employees , subcontractors , servants and agents, may not have , maintain or acquire a conflict of interest in relation to this Contract in violation of law , including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official , employee, consultant, or other agent of the City ("City Representative") may have , maintain , or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors , servants and agents warrant they are not employees of City or have any relationship with City officials , officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity , as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more , Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C . Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City . If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so , City may in its sole discretion and without prior notice, purchase bonds at Contractor 's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert ("USA ") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits , City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to___lli)Jify_Cjt_y__an_d_U_t_iljt_y_jn_writingiliLdiKo_\/_eLs~-- utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104 , Contractor must stop work, notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117 , and which requires removal to a Class I, Class II , or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Public Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45,000 /Rev. May 22, 2018 Page 6 of 11 (c) Unknown physical conditions at the Project worksite of any unusual nature , materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in · depth , Contractor must submit a detailed plan for City approval , per Labor Code Section 6705 prior to commencing work . The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards , it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control , Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets , gutters and storm drains . Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains , and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include, but will not be limited to , the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season , October 15 through June 15 , storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting . Store all construction materials in containers; ( c) Sweep and remove all materials from paved surfaces that drain to streets , gutters and storm drains prior to rain and at the end of each work day . When the Work is C(?mpleted, wash the streets, collect and dispose of the wash water off site in lawful manner; (d) After breaking old pavement, remove debris to avoid contactwith rainfall /runoff; __ ( e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks , drips , and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities , and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations , Work stop orders and regulatory fines . Pub li c Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45 ,000 /Rev. May 22, 2018 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Alex Wykoff as the City representative for all purposes under this Contract , with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval , Contractor assigns Terry Flury ____________________ as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time . Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause a~ any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be g iven reasonable time to close out the Work . 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay , abridge or bar City 's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California . The dispute resolution procedures of Public Contract Code Section 20 I 04 , incorporated here by reference , apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit,, Contractor ~~ must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration , the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action , files a complaint or cross-complaint, or pursues arbitration, appeal , or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs . Public Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45 ,000 /Rev. May 22, 2018 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City 's property , except signage which is required by law or by the Contract, without City 's prior written approval as to size , design and location . 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality , and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials . All Work, materials and equipment should pass to City free of claims , liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City 's acceptance of the Work as complete ("Warranty Period "), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period , Contractor will repair or replace any Work defects or materials , including damage that arises from Contractor 's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments , documents , and statutes attached , referenced , or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY IP ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties , indemnities, payment obligations , insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45,000 !Rev. May 22, 2018 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions , titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts , each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices , requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery , the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail , postage prepaid , registered or certified, or the next business day following electronic submission: To City of Cupertino: 10300 Torre A venue , Cupertino CA 95014 Attention: A lex Wy koff Copy to: Cheri Donnelly Email: AlexW@cupertino.org 30. VALIDITY OF CONTRACT To Contractor: 14000 E. Va lle y Bl vd . C ity of Industry, CA 91746 Attention: Terry Flury ------------- Copy to: Email: Terry@unitedstormwater.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee , and (c) is approved for form by the City Attorney 's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties . If Contractor is a corporation , signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project United Stormwater Inc .for installation of storm drain catch basin screens Public Works Contract $45 ,000 /Rev. May 22, 2018 Page IO o f II IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR United Storm Water, Inc. Corooration r~ By: ____ ~-----+-------- Title : Eduardo Perry Jr., President Signature Date: __ _____,,G~/_2.._9. __ ft_)'_ CITY OF CUPERTINO, a Municipal Corporation Title: Director of Public Works Signature Date: _,~c+-}=~-+,h_l~i~------ AP~~!D~TO F O~: -0f c,J/ 7/1,h By -Kzgn rG -z1 _5:'yJ1/i,j1Y ROCIO V~ERRO Cupertino City Attorney ATTEST: By ~Lit GRACE SCHMIDT, City Clerk / · 7 · / r Public Works Project United Stormwater Inc.for installation of storm drain catch basin screens Public Works Contract $45,000 !Rev. May 22, 2018 Page 11 of 11 EXHIBIT A: Scope of Work-Storm Drain Catch Basin Screens United Storm Water, Inc. will install 189 Vertical Wing-Gate ARS screens in the City's storm drain catch basins pursuant to the included maps and spreadsheet. The devices used for the project have been purchased (PO 2018-453) from United Stormwater, Inc. directly by the City. "' "' 0 0 5 (I) '> I.... (I) > 0 <( 0 O:::'. II C UPERTINO RDA -Catch Basins -Page r • Ca tch Basin -No Insert O Re te ntion o r lrrig<1 ti on Tra sh Capture Insert 0 t13 ~ I ,.:;i 0 0.125 I I g ,!;) 0.25 Mil es C U PERTINO • T Catch Basins -Page ~ Catch Basin -No Insert O Re tenti on o r lrrigJ ti on 0 0.125 0.25 Miles • 0 Trash Ca pture Insert m CUPERT INO 51 ~ <1,1 R? Ac,;m ~~t:"~'~'as!ns ~:~; :,1" 0 \ \ 0 0.125 0.25 Mi les Trash Capture Insert Mainta J dBy CaptureDevicel CaptureDevice2 CaptureDevice3 Zone Private \ 1 OBJECTID AssetlD OwnedBy ..Q 5i'.A/He38 Private :22 ~'.\1~T38444 Private Private 1 2-3 SWSl':38445 Pr lvate f:3, ivate 1 24-~WST3844e Private Prh,ete \ 1 25 SWST38448 Prhete P, ivate \ 1 26 SWSI38493 Priva-te P, ivate Retel*i9R gr lrrigatiou._ 1 29 SWST2951 Cupertino Cupertind Trash Capture Insert 1 30 SWST2955 Cupertino Cupertin 9 Trash Capture Insert 1 31 SWST4697 Cupertino Cupertin ~ 1 32 SWST52 Cupertino Cupertinol 1 33 SWST2954 Cupertino 34 ·swST2949 Cupertino 35 SWST3675 Cupertino 36 SWST4696 CuoeFtiA& 37 SWST2820 Cupertino 38 SWST622 Cupertino 39 SWST53 Cupertino 40 SWST2953 Cupertino 41 SWST2228 Cupertino 42 SWST2946 Cupertino 43 SWST541 Cupertino 44 SWST2952 Cupertino 45 SWST4695 Cupertino 46 SWST624 Cupertino 47 SWST621 Cupertino 48 SWST523 Cupertino 49 SWST540 Cupertino 50 SWST539 Cupertino 51 SWST537 Cupertino 52 SWST536 Cupertino Cupertino Cupertino Cupertino Eui:,eriiRe l\ Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino Cupertino 53 SWST2454 Cupertino Cupertino 54 SWST2442 Cupertino Cupertino 55 SWST2443 Cupertino Cupertino ~@ Trash Capture Insert Trash Cai:iture IAseFt ~A S"T\Jb"'( A-l--r" Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert Trash Capture Insert 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Cv<c-tt,.\-a.so f '3>-b-(8' ~ 56 SWST2449 Cupertino Cupertinq Trash Capture Insert 1 57 SWST2450 Cupertino Cupertin~ Trash Capture Insert 1 58 SWST2440 Cupertino Cupertino 1 59 SWST2441 Cupertino Cupertinci 1 60 SWST3987 Cupertino Cupertin1 Trash Capture Insert 1 61 SWST4024 Cupertino Cupertin°[ Trash Capture Insert 1 62 SWST4025 Cupertino Cupertin°[ 1 63 SWST2439 Cupertino Cupertino 1 64 SWST2452 Cupertino Cupertin d Trash Capture Insert 1 65 SWST2451 Cupertino Cupertino! Trash Capture Insert 1 66 SWST2444 Cupertino Cupertino! 1 67 SWST15257 Cupertino Cupertino Trash Capture Insert 1 68 SWST4022 Cupertino Cupertino Trash Capture Insert 1 69 SWST2447 Cupertino Cupertino Trash Capture Insert 1 ;zo SWST2448 Ct1fJeFtiAe E•pcr!ino l Tr11,l:l Capt11ce 1Rse+4-C=c:>A S-rv~"( 1 71 SWST2438 Cupertino Cupertino 1 72 SWST2445 Cupertino Cupertino Trash Capture Insert 1 73 SWST2446 Cupertino Cupertino Trash Capture Insert 1 74 SWST4023 Cupertino Cupertino \ Trash Capture Insert 1 81 SWST4020 Cupertino Cupertino Trash Capture Insert 1 82 SWST4018 Cupertino Cupertino Trash Capture Insert 1 83 SWST4007 Cupertino Cupertino Trash Capture Insert 1 84 SWST4657 Cupertino Cupertino \ Trash Capture Insert 1 H SWST4333 P1ioate P1 ioate 2 12 siA£ST;J.1ii2SQ 12Fi'o'ate P1 ioate I 2 H S¥JS=!=H9:I: P1i11ate P1ioate 2 1,-7 SWST:1:6858 Privete Pri>t•a~e I 2 79 SWST29408 Cupertino Cupertino \ 2 80 SWST2597 Cupertino Cupertino 2 86 SWST2874 Cupertino Cupertino 2 89 SWST2870 Cupertino Cupertino I 2 90 SWST2871 Cupertino Cupertino \ 2 91 SWST2869 Cupertino Cupertino 2 93 SWST2936 Cupertino Cupertino Trash Capture Insert 2 ®@ 94 SWST2937 Cupertino Cupertino Trash Capture Insert 2 96 SWST2918 Cupertino Cupertino 2 97 SWST323 Cupertino Cupertino 2 98 SWST2919 Cupertino Cupertino 2 100 SWST2917 Cupertino Cupertino 2 101 SWST2598 Cupertino Cupertino I 2 102 SWST2596 Cupertino Cupertino 2 103 SWST2861 Cupertino Cupertino 2 104 SWST2862 Cupertino Cupertino 2 105 SWST2860 Cupertino Cupertino 2 109 SWST2872 Cupertino Cupertino 2 110 SWST2873 Cupertino Cupertino I 2 117 SWST22063 Cupertino Cupertino 2 118 SWST2867 Cupertino Cueertino 2 119 SWST2864 Cupertino Cupertino 2 123 SWST2716 Cupertino Cupertino 2 126 SWST2868 Cupertino Cupertino 2 129 SWST1299 Cupertino Cupertino 2 130 SWST2859 Cupertino Cupertino 2 133 SWST2712 Cupertino Cupertino 2 136 SWST2858 Cupertino Cupertino 2 137 SWST2863 Cupertino Cupertino 2 138 SWST2765 Cupertino Cupertino I 2 142 SWST2705 Cupertino Cupertino 2 143 SWST2721 Cupertino Cupertino 2 145 SWST2763 Cupertino Cuperti no 2 146 SWST2.728 Cupertino Cupertino 2 151 SWST4179 Cupertino Cupertino 2 152 SWST4182 Cupertino Cupertino 2 153 SWST2715 Cupertino Cupertino 2 154 SWST2714 Cupertino Cupertino 2 155 SWST2719 Cupertino Cupertino 2 157 SWST2718 Cupertino Cupertino 2 159 SWST4330 Cupertino Cupertino 2 @ 160 SWST4175 Cupertino Cupertino 2 161 SWST4174 Cupertino Cupertino 2 162 SWST4178 Cupertino Cupertino 2 163 SWST4177 Cupertino Cupertino 2 164 SWST21263 Cupertino Cupertino I 2 165 SWST2711 Cupertino Cupertino 2 166 SWST2725 Cupertino Cupertino 2 169 SWST2726 Cupertino Cupertino 2 170 SWST2766 Cupertino Cupertino 2 171 SWST2767 Cupertino Cupertino I 2 173 SWST4281 Cupertino Cupertino 2 174 SWST4241 Cupertino Cupertino 2 175 SWST4246 Cupertino Cupertino 2 176 SWST4280 Cupertino ClJpertino 2 .. 177 SWST4243 Cupertino Cupertino I 2 178 SWST4176 Cupertino Cupertino 2 179 SWST4247 Cupertino Cupertino 2 180 SWST2709 Cupertino Cupertino 2 182 SWST2710 Cupertino Cupertino 2 183 SWST2759 Cupertino Cupertino I 2 184 SWST2734 Cupertino Cupertino 2 185 SWST2733 Cupertino Cupertino I 2 187 SWST2732 Cupertino Cupertino 2 192 SWST2761 Cupertino Cupertino 2 193 SWST2707 Cupertino Cupertino I 2 194 SWST2760 Cupertino Cupertino 2 196 SWST2731 Cupertino Cupertino 2 197 SWST2730 Cupertino Cupertino 2 200 SWST2764 Cupertino Cupertino 2 203 SWST1938 Cupertino Cupertino 2 204 SWST2722 Cupertino Cupertino 2 205 SWST2762 Cupertino Cupertino 2 206 SWST1939 Cupertino Cupertino 2 207 SWST2727 Cupertino Cupertino 2 @ 209 SWST4210 Cupertino Cupertino 2 212 SWST4245 Cupertino Cupertino 2 f S'lo'Sf:1:49 :I: PFh1ete Pfi.vate.... 3 +5WST1492 Private Prirv·ate 3 ·~ 5W5+14Qil PFiYa'l:e Ri:ivate 3 4-SWS'f:1:656 P1 i11ate P1i11ate I 3 S-5WSH663 Private P1 i11ate 3 G-5'o'o'Sf:l:665 PFi1o•ate PFiYate 3 J...5VJ5H66e PFi•,ate Privete 3 8-SWST2136 P1 ivate Private 3 10 5WH1423-PrivatQ HOA PFivate 3 ' I 14 5>A<5+;i,4 J.4 Prh,ate PFi1o•ate 3 ;i.5 5>N5+4QH Pljiuat9 Private 3 1-e-5W.Sff099 P1 it1ate ... .Prl'i7c!te 3 1-2 51,o.15He95 Pri1o·ate Pr1uc1te 3 49 S'@VSTU34 Pri11ate 13 livate. 3 JO 5W5+il4l~7 Pri•oate PFi'o'ate 3 -2-i--9NS'f342:39 P1 i11ate PFii.cate 3 27 SWST4038 Cupertino Cupertino Trash Capture Insert I 3 28 SWST2413 Cupertino Cupertino Trash Capture Insert None 3 75 SWST4037 Cupertino Cupertino 3 76 SWST4008 Cupertino Cupertino 3 77 SWST4016 Cupertino Cupertino Trash Capture Insert I 3 78 SWST4767 Cupertino Cupertino 3 85 SWST2581 Cupertino Cupertino Trash Capture Insert 3 87 SWST2563 Cupertino Cupertino 3 88 SWST2565 Cupertino Cupertino 3 92 SWST4031 Cupertino Cupertino Trash Capture Insert 3 95 SWST4014 Cupertino Cupertino Trash Capture Insert 3 -99 SW5T16867 Cl:lJ39rtiAe c~i:iertiAec--It~ fl:ta.\Ml 3 106 SWST1465 Cupertino Cupertino 3 107 SWST4039 Cupertino Cupertino Trash Capture Insert 3 108 SWST2560 Cupertino Cupertino 3 111 SWST2566 Cupertino Cupertino 3 @) 112 SWST1557 Cupertino Cupertino I 3 113 SWST1558 Cupertino Cupertino 3 114 SWST1560 Cupertino Cupertino 3 115 SWST1559 Cupertino Cupertino 3 116 SWST18863 Cupertino Cupertino 3 120 SWST33432 Cupertino Cupertino 3 121 SWST1458 Cupertino Cupertino 3 122 SWST1300 Cupertino Cupertino Trash Capture Insert 3 124 SWST3198 Cupertino Cupertino 3 125 SWST349 Cupertino Cupertino 3 127 SWST1427 Cupertino Cupertino 3 128 SWST1429 Cupertino Cupertino 3 131 SWST1546 Cupertino Cupertino I 3 132 SWST1545 Cupertino Cupertino. 3 134 SWST1463 Cupertino Cupertino I 3 135 SWST1464 Cupertino Cupertino 3 139 SWST2706 Cupertino Cupertino 3 140 SWST340 Cupertino Cupertino 3 141 SWST342 Cupertino Cupertino Trash Capture Insert 3 144 SWST1470 Cupertino Cupertino 3 147 SWST1477 Cupertino Cupertino 3 148 SWST1536 Cupertino Cupertino 3 149 SWST1537 Cupertino Cupertino 3 150 SWST1478 Cupertino Cupertino 3 156 S\'o'ST1459 PFivate Prh,·ate 3 158 SWST18864 Cupertino Cupertino 3 167 SWST1553 Cupertino Cupertino 3 168 SWST1554 Cupertino Cupertino 3 172 SWST1544 Cupertino Cupertino 3 181 SWST1462 Cupertino Cupertino I 3 186 SWST1461 Cupertino Cupertino 3 188 SWST1549 Cupertino Cupertino I 3 189 SWST1550 Cupertino Cupertino I 3 190 SWST1547 Cupertino Cupertino 3 @ 191 SWST1551 Cupertino Cupertino 3 195 SWST1467 Cupertino Cupertino I 3 198 SWST14 72 Cupertino Cupertino 3 199 SWST1475 Cupertino Cupertino 3 201 SWST1469 Cupertino Cupertino I 3 202 SWST1468 Cupertino Cupertino I 3 208 SWST1535 Cupertino Cupertino 3 210 SWST2317 Cupertino Cupertino 3 211 SWST2318 Cupertino Cupertino Trash Capture Insert 3 213 SWST2319 Cupertino Cupertino 3 214 SWST2320 Cupertino Cupertino 3 215 SWST629 Cupertino Cupertino Trash Capture Insert 3 216 SWST630 Cupertino Cupertino 3 217 SWST589 Cupertino-Cupertino Trash Capture Insert None I 3 21a swsr,1Mir 3 21~ S'v'u15+~Q7;!, I 3 220 SWS:f'.51671" I 3 @ 10-kll: [ i 9 i ,d ~Js <>1 ()J,i\i~,°'~~ ARS PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 f I Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for jive years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors . MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or Subcontractor 's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence . The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $_1,illlQ_JlQO_pe_r_ac.cidenLfor_ho_diLY---+--- injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. 0 N/A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. 0 N/A if box checked (Contract is not design /build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. 0 N /A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Constru ction Contracts -$45,000 Version: Nov 2017 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. D N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers , officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 , CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance , the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City . If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation F loater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. Insuranc e R equirements for Construction Contracts -$45,000 Version: Nov 2017 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to wai v e any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss . Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. Acceptability of Insurers Insurance must be issued by insurers acceptable to City artd licensed to do business in the State of California, and each insurer must have an A.M . Best's financial strength rating of"A" or better and a financial size rating of"VII" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements , or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary . If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required . Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances . In s uran ce Requirements/or Con stru ction Contracts -$45 ,000 Version : Nov 2017 3 ENDORSEMENT# This endorsement , effective 12:01 a.m.,1213 112017, forms a part of Policy No.GEC3001234 issued to United Pumping Service , Inc. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . PRIMARY INSURANCE CLAUSE ENDORSEMENT This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART It is agreed that to the extent that insurance is afforded to any Additional Insured under this policy, this insurance shall apply as primary and not contr ibuting with any insurance carried by such Additional Insured, as required by written contract. All other terms and conditions of this policy remain unchanged . XIL 424 0605 ©, 2005, XL America, Inc . 42531384 I UNITPUM-01 I 1 7-1 8 GL, Auto, Umb, WC, POLL, Prof Liab I Bo l ton Certificate Processing I 6/14/2018 10:2 7:39 AM (PDT) I Page 5 of 9 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA WC 04 03 06 (Ed. 04-84) We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract t hat requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . The additional premi um for this endorsement shall be 2 % of the California workers' compensation premium otherw ise due on such remuneration . Schedule Person or Organization Job Description Where required by wri tten agreement signed prior to loss All California Operations. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . {The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsemen t Effecti ve 12/31/2017 Insured Un ited Pumping Service, Inc. Polic y No. WEC3001235 Insurance Company XL Insurance America, Inc. Countersigned By Endorsement No . WC 04 03 06 (Ed. 04-84) Copyright 1984 Workers' Compensation insurance Rating Bureau of California. All Rights Reserved . Page 1 of 1 42531381 I UNITPUM-01 I 17-1 8 GL, Auto, Unib , we, POLL, Prof Li a b I Bol t.on Certificate Processing I 6/14/2018 10 :27:39 AM (PDT) I Page 6 of 9 GEC3001234 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find ; 1. The first Named Insured shown in the Declara-and tions may cancel this policy by mailing or deliv-c. Recommend changes. ering to us advance written notice of cancella-2. We are not obligated to make any inspections, tion. surveys, reports or recommendations and any 2. We may cancel this policy by mailing or deliver-such actions we do undertake relate only to in- ing to the first Named Insured written notice of surability and the premiums to be charged. We cancellation at least: do not make safety inspections. We do not un- a. 1 o days before the effective date of cancel-dertake to perform the duty of any person or lation if we cancel for nonpayment of premi-organization to provide for the health or safety um; or of workers or the public. And we do not warrant that conditions: b. 30 days before the effective date of cancel- lation if we cancel for any other reason. a. Are safe or healthful; or 3. We will mail or deliver our notice to the first b. Comply with laws, regulations, codes or Named lnsured's last mailing address known to standards. us. 3. Paragraphs 1. and 2. of this condition apply not 4. Notice of cancellation will state the effective only to us, but also to any rating, advisory, rate date of cancellation. The policy period will end service or similar organization which makes in- on that date. surance inspections, surveys, reports or rec- ommendations. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due . If we 4. Paragraph 2. of this condition does not apply to cancel, the refund will be pro rata. If the first any inspections, surveys, reports or recom- Named Insured cancels, the refund may be mendations we may make relative to certifica- less than pro rata. The cancellation will be ef-tion , under state or municipal statutes, ordi- fective even if we have not made or offered a nances or regulations, of boilers, pressure ves- refund. sels or elevators. 6. If notice is mailed, proof of mailing will be suffi-E. Premiums cient proof of notice . The first Named Insured shown in the Declara- tions: B. Changes This policy contains all the agreements between 1. Is responsible for the payment of all premiums; you and us concerning the insurance afforded. and ---+he-first-Named-lnsureEl-shewA-in-the-Qeelar-ations---2--;-Will-be-the-payee-for-any-return-premiums-we~~ is authorized to make changes in the terms of this pay. policy with our consent. This policy's terms can be F. Transfer Of Your Rights And Duties Under This amended or waived only by endorsement issued Policy by us and made a part of this policy. Your rights and duties under this policy may not be C. Examination Of Your Books And Records transferred without our written consent except in We may examine and audit your books and rec-the case of death of an individual named insured . ords as they relate to this policy at any time during If you die, your rights and duties will be transferred the policy period and up to three years afterward. to your legal representative but only while acting D. Inspections And Surveys within the scope of duties as your legal representa- 1. we have the right to : tive. Until your legal representative is appointed, anyone having proper temporary custody of your a. Make inspections and surveys at any time ; property will have your rights and duties but only with respect to that property. IL 00 17 11 98 Copyright, Insurance Services Office , Inc., 1998 Page 1 of 1 42531384 I UNITPUM-01 I 17 -18 GL, Auto, Umb, WC, POLL, Prof Liab I Bolton Certif icate Processing I 6/14 /20 1 8 10: 27 :39 AM (PDT) I Page 7 o f 9 D AEC0048938 AEC0048 939 IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancella- tion. 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of premi- um ; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us . 4. Notice of cancellation will state the effective date of cancellation . The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata . The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed , proof of mailing will be suffi- cient proof of not ice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward . D. Inspections And Surveys 1. We have the right to : a. Make inspections and surveys at any time; b. Give you reports on the conditions we find ; and c. Recommend changes. 2. We are not obligated to make any inspections , surveys , reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections . We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public . And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws , regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us , but also to any rating, advisory, rate service or similar organization which makes in- surance inspections , surveys , reports or rec- ommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys , reports or recom- mendations we may make relative to certifica- tion , under state or municipal statutes , ordi- nances or regulations , of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions : 1. Is responsible for the payment of all premiums ; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die , your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa- tive . Until your legal representative is appointed , anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00171198 Copyright , Insurance Services Office , Inc ., 1998 Page 1 of 1 4253 1 384 I UNITPUM-0 1 I 1 7-1 8 GL, Auto, Umb, WC, POLL , Pr of Liab I Bolton Certificate Processing I 6/14 /20 1 8 1 0:27:39 AM (PDT) I Page 8 of 9 0 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . EARLIER NOTICE OF CANCELLATION PROVIDED BY US ENDORSEMENT This endorsement modifies insurance provided under the following : WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY Number of Days Notice: 30 WC990110 Ed . 1 08 (If no entry appears above , information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium , the number of days required for notice of cancellation , as provided in PART SIX -CONDITIONS, D. Cancelation of the Workers' Compensation and Employers' Liability Insurance Policy or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above . All other terms and conditions remain the same . This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 12/31/2017 Insured United Pumping Service , Inc . Insurance Company XL Insurance America , Inc . WC 99 0110 Ed . 1/08 Policy No . WEC3001235 Endorsement No. ~~ Countersigned by ___________ _ O 2007 XL America, Inc. 4253 1 384 I UN ITPUM-0 1 / 17 -1 8 GL, Auto, Umb, WC, POLL, Prof Liab I Bo l ton Certif i c a te Processing I 6/14/20 1 8 1 0:27:39 AM (PDT) I Page 9 of 9 THE FINAL PREMIUM IS PREDICATED ON THE FINAL CONTRACT PRICE Performance Bond CONTRACTOR : SURETY: Bond Number : SU 11508 26 Premium: $473.0 0 United Storm Water, Inc. 14000 E. Va ll ey Bl v d. Arc h In su ra nce Co mpan y City Of Indu stry, CA 91746 865 So uth Figueroa Stre et, Suite 2700 Los A nge les, CA 90017 OWNER: City of C up errino 10300 Torre Ave. Cu pertjno , CA 95014 CONSTRUCTION CONTRACT Date: 06/20/2018 A m o unt: $3 1,563.00 T hirty O n e Thousand Five Hundred Sixty T hree And 00 /100 Dollars Description: In stallati o n of C urb Sc r eens Purc ha sed b y th e C ity on Storm Drain Catch Basins J o b /Contract No.: BOND Date: 06/29/2018 (Not earlier ;.'hc111 Comtmdio11 Contract Date) A m ount: $31,563 00 Thirty O n e T ho usa nd Five Hundred Sixty Three And 00 /100 Dollars Modific ac io n s to this Bond: cg) Non e D See Seci-io n 16 CONTRACTOR AS PRINCIPAL SURETY This document has important lega l con sequ ences. Con sultati o n with an a ttorney is e ncouraged with respect to its co mpletion or modifi catio n . A n y s in gu lar refe rence to Co ntractor, Surety, Owner o r other party shall be consid ered plu ra l w here ap pli ca bl e . This document combines two separate bonds, a Performance Bond and a Payment Bond, into one form . This is not a single combined P erform ance and P ay m e nt Bond. (Co,porate Seal) Sig n a tu re: /-:.6:r-c..._---'"'-----''--'""--------,_~c..._ __ _ Name A rturo Aya la A nd Title: Pre 8 iden t and Title : Atto rn ey -in -Fact (,,'11!)' additional Jig11at11res appea r 011 the last page of this Pe,jim11a11ce Bond.) (FOR INFOfu\lIATTO N ONLY-Na!lle, address a11d telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Commercial Surety Bond Agency 14 11 N . Batavia St., Sui te 201 Orange, CA 92867, (714) 516-1232 (An-hited, E11gineer or other party.) By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp .org) makes this form document avai lable to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312 -2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the origin al text of th is document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execution or acceptance. § 1 The Contractor and Surety, jo intly and severall y, hind rhemse lv es, their heirs, executors, administrators, s ucc essors and assigns to t h e Owner for t he performance of th e Construction Contract, which is in corporated herein b y refe re n ce . § 2 If the Contractor p erforms the Con stru ctjon Contract, the Surety and the Contracror s hall ha ve no o bligati o n und er this Bond, except when applicab le to participate in a conference as provided in Section 3. § 3 if there is n o Owner Default und er the Con st.ructi o n Contract, the Surety 's obligation under this Bond shall arise after .1 The Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Suc h notice s hall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's p e rformance. If the Owner do es not request a conference, the Surety may, within five (5) business d ays after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend . Unless the Owner agrees otherwise, any conference requested under this Sectjo n 3. l shall be held within ten (10) business days of the Surety's rece ipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor sha ll be all owed a reasonable time to perform the Construction Contract, but such an agreement shall not wa ive the Owner's right, if any, s ubsequendy to declare a Contractor Default; .2 The Owner declares a Contractor Default , terminates the Construction Contract and notifies the Surety; and .3 The Owner has agreed to pay the Ba lance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notke requirement in Section 3.1 shall not constitu te a failure to comply wi th a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Sure ty demonstrates actua l prejudice. § 5 w hen the Owner h as satisfied the conditions of Section 3, the Surety s hall promptly and at the Surety's expense take one of the fo ll owing actions: § 5.1 i \rrange for the Con tractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract it self, through its agents or ind e pende nt contractors; § 5.3 Obtain bids or ne go tiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution b y the Owner and a contractor se lected w ith the Owner's concurrence, to b e secu red w ith performance and payment bond s executed b y a qualified s urety equiva le nt to the bonds issued o n the Construction Contract, and pay to the Owner the amount of damages as describe d in Section 7 in excess of the Ba lance of the Contract Price incurred by the Owner as a resu lt of the Contra c to r Default; or § 5.4 \X/a ive its ri g ht to pe rform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness unde r the circumstances: .1 After in vestigation, determine the amount for w hi ch it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; o r .2 Deny li ability in whole or in part and notify the Owner, citing the reasons for denial. ---§-6-1..f-the-Smety ·d ees-net-pweeed-as-previded-in-Seetio n-5-with-reasenab le-premptness;-the-Surety-sha ll be-deemed-to-be-in-defaul t-on-this-Bond~~ seven da ys after receipt of an add itional written notice from the Owner to the Surety demanding that the Surety perform its obligations under thi s Bond, and the Owner sha ll be entitled to enforce any remedy available to the Owner. If the Surety procee ds as provided in Section 5.4, and the Owner refuses the pa yment or the Surety has denied liability, in w hole or in part, without further notice th e Owner shall be entitled to e nforce an y remedy avai lable to the Owner. § 7 if the Surety e lects to act under Sec tjon 5.1, 5.2 or 5.3, then the responsibilities of the Sure ty to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the respon sibilities of the Owner to the Surety sha ll not be greater than those of the Owner under th e Constructjon Contract. Subject to the commitment b y the Owner to pay th e Ba lance of the Contract Price, the Surety is o bligated, without duplication, for .1 The responsibilities of the Contractor for correction of defecdve work and comp le ti o n of th e Constructjon Contract; By arrangement with the American In stitute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org ) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312 -2010, Perform ance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and consultation with an attorney are encouraged before its completion, execut ion or acceptance. .2 additi o nal lega l, d es ig n p ro fessio nal and d e lay costs res ultin g fr o m th e Con tractor's Default, a nd res ultin g fr o m th e actio n s o r fa ilure to ac t o f th e Sure ly und er Sectio n 5 ; and .3 Liquid ated d ama ges, o r i f n o liquidare d d am ages are s pec ifi ed in th e Con struc tjon Contract, actual d am ages cau sed by delayed p erfor ma nce o r n o n -p erformance of th e Contrac tor. § 8 if th e Sure ly e lec ts to ac r und e r Sec ti o n 5 .1 , 5 .3 o r 5.4, th e Sure ty's li a bili ty is Limit e d t o th e am o un t o f thi s Bo nd. § 9 The Sure ty s h all n o t be li a bl e to th e Own e r o r oth e rs fo r o bli g ati o n s o f the Con tractor th a t are unre lated to th e Cons tru c ti o n Contract, and th e B ala nce of d1 e Contrac t Price s hall no t b e redu ce d o r se t o ff o n accoun t o f any su ch unre la te d o bli ga ti o n s. No ri g h t o f ac ti o n s hall acc ru e o n thi s B o n d to any p er son o r e mi ty o th er th a n t he Owne r or its h e irs , exec u to rs, admini strato rs , su ccessor s a nd assigns . § 10 T h e S ure ty here by waives no ti ce o f a ny ch ange, including cha nges o f tim e, to th e Con struc ti o n Con tract o r to re la ted s ubcon trac ts, purch ase o rd ers and oth e r o bli g ati o ns . § 11 A ny p ro ceeding , lega l or equita bl e, und er thi s Bond m ay be in s titute d in any court o f co mp e te nt juri sdi c ti o n in the locati o n in w hi ch th e wo rk or part o f th e work is loca te d a nd sh all b e in stitute d w ithin two ye ars a ft er a ·d eclarati o n o f Contrac to r D efa ult o r w ithin two yea r s a fte r th e Contra c tor cease d workin g o r w ithin two yea rs a fter th e Surety re fu ses o r fail s to p erform its o bli gati o ns unde r thi s Bo nd, w lu ch eve r occ urs fir st. I f th e p rovis io n s o f thi s P aragra ph a re vo id o r pro hibi te d by law, th e minimum p eri o d o f limi ta tion ava ilabl e to s ure ti es as a d e fe n se in th e juriscli c ti o n of th e s ui t s hall b e appli ca bl e. § 12 No ti ce to th e Surety, th e Own e r o r th e Contra c tor s ha ll b e mail ed or d e li ve red to th e add ress s h own o n th e p age o n w hi ch th eir sign ature appears . § 13 When thi s Bond has been furn ish e d to comply w ith a sta tu tory or othe r lega l require m en t in th e loca ti o n w he re th e con s tru ctio n was to b e p erfo rm ed , an y provisio n in thi s B o nd confli c tin g w ith sa id statuto ry o r legal require m e n t s h all b e d ee m e d d ele ted t he re fr o m and p rovisio n s con fo rming to s uc h s ta tuto ry o r o th er le ga l re quirem e nt s hall be d ee m ed in corp orat ed h er ein. W h e n so furni sh ed , th e inte n t is th at thi s B o nd s hall b e con s tru e d as a statu tory b o nd and n ot as a co mmo n law b o nd . § 14 Definitions § 14 .1 Balance of the Contract Pri c e . The tota l am o un t paya bl e b y th e Own er to the Contractor under th e Con structi o n Con trac t after all p rop e r adju s tme nts h ave been m ade , including all owan ce to th e Contractor of an y am o un ts receive d or to b e received by th e Own e r in settl e m e nt o f in s urance o r o th er cl aim s fo r d amages to w hi c h th e Con trac to r is e ntitl e d , reduce d by all va lid and prop er paym e n ts m ad e to o r o n b e h alf of the Con tractor under t he Con s tru ctio n Contrac t. § 14.2 Construction Contract. Th e agree m e nt between th e Owne r a nd Con trac to r id e nti fie d o n t he cover page, including all Contract D ocuments and c ha nges m ad e to th e agreem e n t a nd the Con tra c t D ocum en ts. § 14 .3 Contractor Default. Failure o f th e Con trac to r , w hi ch has n o t been re m edie d o r waive d, to p erform o r o therw ise to comply w ith a m ate ri al te rm of th e Co ns tru ction Con trac t. § 14.4 Owner Default. Fa ilure o f th e Owner, w hi c h ha s n o t b een re m e di e d o r wa ive d , t o pay th e Con trac to r as required und er the Con stru cti o n Con tract o r to p erform and compl e te o r co mpl y w ith th e o th e r m ateri al te rm s o f th e Con stru cti o n Con trac t. § 14 .5 Contract Documents. A ll th e d ocumen ts th at co mprise th e agree m e nt b etwee n th e Owne r and Contrac to r. § 15 If t hi s B o nd is iss ued fo r an agree m e nt betwee n a Con trac tor and s ubco n tractor, th e term Con tractor in thi s Bo nd s hall be d ee m e d to be Subcontrac to r a n d th e term Own er s ha ll b e d ee m e d to be Con trac to r. § 16 Modifi ca ti o n s to thi s bo nd ar e as fo ll ows : By arrangement with the American Institute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp.org) makes this form document available to its members, affili ates, and assoc iates in Microsoft Word format for use in the regular course of surety busines s. NASBP vouches that the original te xt of thi s document conforms exact ly to the text in AlA Document A312 -2010, Performance Bond and Payment Bond . Subsequent modifications may be made to the original t ext of this document by users, so careful revi ew of it s wording and con sultation with an attorney are encouraged before its completion , execution or acceptance. (Space is provided bc/owfo r additional sig natures ef added pm1ies, other tha // those appea ring O// the cover page.) CONTRACTOR AS PRINCIPAL SURETY Compan y: (Co ,pomte Seal) Compan y: (Co ,pomte Seal) Sign ature: Nam e and Title : Sig nature:---------------- Na m e and T itl e: A d d ress : i \clclress: By arr angement with the American In stitute of Architects, the National Association of Surety Bond Producers (NASBP) (www.nasbp .org) makes this form document available to its members, affiliates, and associates in Microsoft Word format for use in the regular course of surety business. NASBP vouches that the original text of this document conforms exactly to the text in AIA Document A312 -2010, Performance Bond and Payment Bond. Subsequent modifications may be made to the original text of this document by users, so careful review of its wording and con sultation with an attorney are encouraged before its completion, execution or acceptance. 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. State of California County of Orange On June 29, 2018 before me , Melissa Ann Vaccaro, Notary Public ------------------------~-------- (insert name and title of the officer) personally appeared ___ A_rt_u_ro_A~y_al_a _____________________ _ 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. Signature~~~O Melissa Ann Vaccaro (Seal) 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. State of Californ ia County of Los Angeles On July 3, 2018 before me , Lillian Valdivieso, Notary Public (insert name and title of the officer) personally appeared Eduardo C. Perry, Jr who proved to me on the basis of satisfactory evidence to be the person(s ) whose name(s ) is/ar-e subscribed to the within instrument and acknowledged to me that he/ooB4Rey executed the same in h is/fle.ia/4!::i.aif authorized capacity(te&}, and that by his/lah,,Ff.t!:>c:3-if 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. Signature ------'GJL=-=....... .;;..___;...~_~_WJ._LiJ:v_ (Seal) LINlan Valdivieso comm. n142sso Notary Public Californill i§ Los Angeles County ~~lei' Comm. Explr8feb 29, 20 20 v, ~~Mb,~ I/ n5i!I U i;i'61' rit .m mo) f>in '" ' -' Ji k h;'l '(l&Jovl .•t11 •. , }i!'!Jl~'!A tc ' 4'.!, -19· f91lqx] . .~. Bond No. SU 1150826 AIC 0000249804 D UNLESS IT IS PRINTED ON BLUE BACKGROUND. This Power of Attorney limits the e =na herein, and they have no authority to bind the Comp f/jj manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF A TT :: -Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City , Ne -eferred to as the "Company") does hereby appoint: Arturo Ayala, Daniel Huckabay , Dwi neda and Shaunna Rozelle Ostrom of Orange , CA (EA its true and lawful Attorney(s)in-Fact , to make , execute , seal , and deliver from the date of issuance of this power for and on its behalf as dertakings , recognizances and other surety obligation ars ($90 .000.000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein . The execution of such bonds, u binding upon the said Company acknowledged by its regularly electe nd other surety obligations in pursuance of these -all intents and purposes, as if the same had been ,cers at its principal administrative office in Jersey City , New Jersey . This Power of Attorney is executed by authority of resolut ions adopted by unanimous consent of the Board of Directors of the Company tembe 011 , true and accurate copies of which are hereinafter set forth and=ar by certified to by the undersigned full force and effect: , Tnat the Chairman of the Board , the President , or the Executive t , =or any Senior Vice President, of the Surety Business Division , or their appointees designated in writing and filed with the Secretary , or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact , and to authorize them subject to the limitations set forth in their respective powers of attorney , to execute on behalf of the Company, and att ch the seal of the Company thereto , bonds, undertakings , recognizances and -----ott'!ersUretyob·lrgations obligato · t · any such officers-orth·e-eompany may appoint-age eio process." This Power of Attorney is signed , sealed and certified by facsimile under and by authority of the following resolutio unanimous consent of the Board of Directors of the Company on September 15 , 2011 : · nature of the Chairman of the Board, the President , or the "dent , or any Senior Vice.President, ss Division , or their appointees designated in writ = retary , and th·e signature of the of the Company , and certifications by the Secretary, m e on any power o~_attorney or bond = executed pursuant to the resolution adopted by the Board of Directors on ~-1 o,2011 , and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached , shall continue to be valid and binding upon the Company . Page 1 of 2 Printed in U.S.A. ·- AIC 0000249804 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 151 h day of June , 201§. Attested and Certified Patrick K. Nails , Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company I, Michele Tripodi , a Notary Public , do hereby certify that Patrick K. Nails and David M . Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company , a Corporation organized and existing under the laws of the State of Missouri , subscribed to the foregoing instrument , appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. CERTIFICATION COMMONWEALTH Of' PENNSYLVNCIA HOT ARIAL. Sf.Al. Ml(.k£U 'TRIPODl, NOlM)' Publk: City ttf Pllllade\phla, Ph lta. tounty 11.'I C-orr!mls$1oo Exp ftl!S JUI)' 11 , 1021 I, Patrick K. Nails, Secretary of the Arch Insurance Company , do hereby certify that the attached Power of Attorney dated June 15. 2018 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M . Finkelstein , who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Execut ive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF , I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 29th day of June , 20 __ 18_. Patrick K. Nails , Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated . PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance -Surety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 OOMLOO 13 00 03 03 Page 2 of 2 Printed in U.S.A. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 6/14/2018 THIS CERTIFICATE IS ISSUED AS A MATIER 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 have ADDITIONAL INSURED provisions or 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 Bolton & Companfl CONTACT NAME: 3475 E. Foothill B vd., Suite 100 PHONE (626\ 799-7000 I rffc Nol: (626) 583-2117 Pasadena, CA 91107 'Afr II.In l=yt\· E-MAIL ADDRESS : INSURER(S) AFFORDING COVERAGE NAIC# www.boltonco .com 0008309 INSURER A: Greenwich Insurance Comoanv 22322 INSURED INSURERS : XL Insurance America Inc. 24554 United Pumpi~ Service, Inc. INSURER C : XL Specialty Insurance Company 37885 United Storm ater, Inc. 4 Lease, Inc. INSURER D : Indian Harbor Insurance Comoanv 36940 14000 East Valley Blvd . INSURER E: City of Industry CA 91746 INSURER F: COVERAGES CERTIFICATE NUMBER: 42531384 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 SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE oucn WHn POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYl LIMITS A _L COMMERCIAL GENERAL LIABILITY ./ GEC3001234 12/31/2017 12/31/2018 EACH OCCURRENCE s 1000000 =i CLAIMS-M ADE W OC CUR DAMAGE TO RENTED PREMISES IEa occurrence\ S50 000 _L Pro~erty Damage Ded $25,000 M ED EXP (Any one person ) S5 000 _{_ Bodily lnjul}' Ded $25 ,000 PERSONAL & ADV INJURY s 1 000 000 GEN 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2 ,ooo,ooo ~ POLICY [2J jr& DLOC PRODUCTS -COMP/OP AGG S2 000 000 OTHER: s B AUTOMOBILE LIABILITY AEC0048938 12/31/2017 12/31/2018 COMBINED SINGLE LIMIT s 1 ooo ooo IEa acci dent) -AEC0048939 12/31/2017 12/31/2018 ,-:L ANY A UTO BO DILY INJURY (Per person) s OW NED -SCHEDULED BODILY INJURY (Per acc ident) s -AUTOS ONLY -AUTOS ,-:L HIRED ,...L NON-OWNED PROPERTY DAM AGE s AUTOS ONLY AUTOS ONLY (Per accident) Ded Como & Collision s 1 000 C UMBRELLA LIAS H OCCUR UEC004894 12/31i2017 12/31/2018 EACH OCCURRENCE S 15 000 000 -./ EXCESS LIAS CLAIMS-MADE AGGREGATE s 15 000 000 OED I ./ I R ETENTION s 10,000 s C WORKERS COMPENSATION ./ WEC3001235 12/31/2017 12/31/2018 I PER I I OTH- AND EMPLOYERS' LIABILITY ./ STATUTE ER YIN ANYPROPRIETOR/PA RTNER/EXECUTI VE [ill N/A E.L. EACH ACCIDENT s 1 000 000 OFFI C ER/MEMBER EXC LUDED? (Mandatory in NH) E.L. DIS EASE -EA EMPLOYEE s 1 nnn nnn If yes,describe under: --~ ------ DESC RIPTION OF OPE RATIONS below E.L. DISEASE -POLI CY LIMIT s 1 000 000 D Pollution Liability PEC0048963 12/31/2017 12/31/2018 15,000,000 Each Claim/ $25,000 (Ded) D Professional Liab -Claims Made PEC0048963 12/31/2017 12/31/2018 15,000,000 Each Claim/ $25 ,000 (Ded) DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) GL Additional Insured applies per CG20100413 & CG20370413 attached , only if requ ired by written contracUagreement. GL Primary & Non-Contributory Wording applies per XIL4240605 attached. WC Waiver of Subrogation applies per WC0403060484 attached . GL, Auto & WC Cancellation Clauses apply per IL00171198 & WC990110108 attached . Re : Cupertino Wing-Gate Project. Additional lnsured(s): The City of Cupertino, its City Council, officers, officials , employees, agents , servants and volunteers . CERTIFICATE HOLDER CANCELLATION Cupertino Wing-Gate Citj of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 00 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS . Cupertino , CA 95014 AUTHORIZ ED REPRESENTATIVE ~~ I Cassa ndra Ro sales © 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registe r ed marks of ACORD 12531384 I illllTPUM -01 I 17 -1 8 GL, Auto, Umb, we, POLL, Prof Liab I Bol~o n Certificate Processing I 6/14/2018 10:27 :3 9 AM (PDT) I Page 1 of 9 POLICY NUMBER: GEC3001234 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Orqanization(s) Location(s) Of Covered Operations Any person or organization where required by written All Locations as required per written contract. contract provided that such contract was executed prior to the date of loss . 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage" occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by Qi__ -----in-th_e_p_e_rf_o_r_m_a_n_c_e _o_f _y_o-ur-on_g_o-in_g_o_p_e-ra-ti-o-ns--:-fo-r·-----~o~n 5enalfof1 he additional insured(s) at the the additional in sured(s) at the location(s) location of the covered operations has been designated above . completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG20100413 © Insuran ce Serv ic es Offi ce , In c., 2012 Page 1 of 2 4253138 -1 I tI'.HTPUM -01 1 17 -18 GL, Auto , Urt'b, ftlC, POLL, Prof L i ab I Baleen Ce:=-tificace Processing I 6/14/2018 1 0 :27:39 AM (PDT) I Page 2 of 9