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19-037 A1 Fence Inc., Blackberry Farms Cafe Fence Repairs
CITY OF PUBLIC WORKS CONTRACT 12 $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on_April 1, 2019 2 ("Effective Date")by and between the City of Cupertino, a municipal corporation("City"), and Al Fence Inc. , a Corporation 1 ("Contractor") for Blackberry Farms Cafe Fence Repairs 2. SCOPE OF WORK Contractor will perform and provide all labor,materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on September 19, 2019 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time,resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties 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$8,500.00 ("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 Blackberry Farms Cafe Fence repairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 1 of 11 i 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 License in good standing for the following classification(s): C-13 , 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 Contract 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 i Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, 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 Blackberry Farms Cafe Fence repairs Public Works Contract$60,000/Rev.Jan. 02, 2019 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 Cupertino"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 25 % 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 reports 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 work; HVAC systems; utilities and utility connections; and 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. Pubic Works Project Blackberry Farms Cafe Fence repairs Public Works Contract$60,000/Rev.Jan. 02, 2019 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 Blackberry Farms Cafe Fence repairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this j Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect j 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. 1I (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 undertake self-insurance in accordance with the provisions of that code, and I will 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 Blackberry Farms Cafe Fence repairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 5 of I 1 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 notify City and Utility in writing if it discovers 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 1, Class 11, 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 Blackberry Farms Cafe Fence reaairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 6 of I 1 II (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 completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement, remove debris to avoid contact with 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. i Public works Project Blackberry Farms Cafe Fence reaairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Brian Gathers, Public Works Supervisor as II 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 Vanessa Alonso Manager 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 at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given 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 20104, incorporated here by reference, apply to this Contract and Contractor is j 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 J 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. i i i Public works Project Blackberry Farms Cafe Fence repairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 8 of i l i 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. SEVERABILITYMARTIAL 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 Blackberry Farms Cafe Fence reipairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 9 of I 1 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: To Contractor: 10300 Torre Avenue, Cupertino CA 95014 A-1 Fence,Inc. 14820 Story Road,San Jose,CA.95127 Attention: Brian Gathers,Public Works Supervisor Attention: Vanessa Alonso Copy to: Carl Valdez, Superintendent Copy to: Jeniessa Souza Email: Briang(a,cupertino.org Email: Alfence(a,sbcglobal.net 30. VALIDITY OF CONTRACT 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. Pubic Works Project Blackberry Farms Cafe Fence repairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR A1Fence, Inc CITY OF CUPERTINO, 14820 Story Road, San Jose, CA. 95127 a Municipal Corporation Corporation By: !/ 111Z4d8' By: oger L.e-�- Title:Manager March 13, 2019 Title: Director of Public Works Signature Date: Signature Date: i APPROVED AS TO FORM: 100 (?(1 _ � � � —(3oc 90 I (J HEATHER M. MINNER Cupertino City Attorney ATTEST: r- 54t By: 116 t / GRACE SCHMIDT, City Clerk 1 i i I i ! Public works Project Blackberry Farms Cafe Fence repairs Public Works Contract$60,000/Rev.Jan. 02, 2019 Page 11 of 11 A-1 FENCE, INC When You Want A-1 Cost, A-1 Quality, A-1 Speed 14820 Story Road, San Jose, CA 95127 State License# 723128 Bus (408) 259-2955 Fax (408) 259-286F XHIBIT A a1 fenceinc(j ,sbcglobal.net PROPOSAL SUBMITTED TO: DATE: 8-1-18/3-12-19 BLACK BERRY FARM NAME: CITY OF CUPERTINO JOB NAME: 21975 SAN FERNANDO AVE/CUPERTINO STREET: 10555 MARY AVE CONTACT:BRIAN GATHERS/408-355-4170 CITY: CUPERTINO E-MAIL,:BRIANG@CUPERTINO.ORG STATE: CA ZIP: 95014 P.O. CROSS ST: BYNE AVE ESTMATOR:EMILIO JR WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR FILE: CITY OF CUPERTINO BLACK BERRY FARM REVISE JOB DESCRIPTION: #1-REMOVE&HAUL AWAY: 113'OF EXISTING 8'H BLACK POLY CHAIN LINK FENCE W/BLACK PLASTIC SLATS.INSTALL:2-4" GATE,2-2 7/8"TERMINALS&4-2 3/8"LINE POSTS, SET 3'IN CONCRETE. (CORE DRILL: 2-HOLES.) #2-INSTALL: 11 3'OF 8'H BLACK POLY CHAIN LINK FENCE W/BROWN PLASTIC SLATS. 15/8"TOP,MIDDLE RAIL&GATE FRAMES.7GA BOTTOM TENSION WIRE. 1- 18'DOUBLE SWING GATE W/DROP ROD&CANE BOLT. �I (PREVAILING WAGE.) *SELF CLOSING GATES*(HYDRAULIC ARM,SPRING oR BOOMER HINGES)30 DAYS LIMITED WARRANTY. (A-1 FENCE IS NOT RESPONSIBLE FOR PERMITS AND/OR UNDERGROUND LINES.) ( FREE SERVICE CALL BEFORE WE DIG 1-800 227-2600 USA NORTH) GROUND: CONC/DIRT LEVEL:YES ACCESS: OK DEMO:YES CLEARING:NO WE HEREBY PROPOSE TO FURNISH LABOR AND MATERIALS-COMPLETE AND ACCORDANCE WITH THE ABOVE SPECIFICATIONS,FOR THE SUM OF $8,500.00`O,SOO.UU DOLLARS WITH PAYMENT TO BE MADE AS FOLLOWS: 100% ON COMPLETION j ACCEPTANCE OF PROPOSAL THE ABOVE PRICES, SPECIFICATIONS AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED.YOU AUTHORIZED TO DO THE WORK AS SPECIFIED.PAYMENT WILL BE MADE AS OUTLINED ABOVE.ALL MATERIALS WILL REMAIN THE PROPERTY OF A-1 FENCE INC.UNTIL ALL INVOICES PERTAINING TO THIS JOB ARE PAID IN FULL. I RESTOCKING CHARGE MAY BE APPLIED IF JOB IS CANCELED OR LAYOUT ALTERED FROM SIGNED CONTRACT. ACCEPTED: PRINT NAME: DATE: SIGNATURE: �00 PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects - $60,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five 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 k�"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 V16 verage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all bilityforpersonal injury, death,property damage or destruction,and personal and advertising injury.If a general gregate 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 i 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 0104 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 $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance of no 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. ❑ 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. 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 ual to the completed value of the project and no coinsurance penalty provisions. 9 N/A if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 1 6. Co 'tract o s' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less an$1,000,000 per occurrence or claim,and$2,000,000 policy aggregate. N/A if box checked (Project does not involve environmental hazards). I 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: � �� I ✓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 0104 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. j 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 j 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. 1 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 Floater 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. Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 2 / i vWaiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive 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 (Pte° Insurance must be issued by insurers acceptable to City and 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. Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 3 ACCORV CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 10/4/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT yupha Sriporn TLB Insurance ServicesPHONE 209-365-4320 FAX No;888-329-0042 CA License #OB82095 E-MAIL ADD RESS:yuP sP ha- ri orn@leavitt.com 3000 Oak Road, Suite 210 INSURER(S) AFFORDING COVERAGE NAIC A Walnut Creek CA 94597 INSURERA:United Fire Group R03875 INSURED INSURERB:Wesco Insurance Company Ipt® 25011 A-1 Fence Inc. INSURER C:RSUI Group R18621 DBA Delaware A-1 Fence Inc. INSURER D: ress Insurance company A, A'-'- 10855 14820 Story Rd INSURER E: San Jose CA 95127 INSURER F: COVERAGES CERTIFICATE NUMBER:18-19 MASTER 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. ILTSRR TYPE OF INSURANCE ADDL BR POLICY NUMBER Policy EFF POC pY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ y 1,000,000 A CLAIMS MADE X OCCUR DAMAGETO RENTEDPREMISES We occurrence) $ 300,000 X Y 60496333 10/1/2018 10/1/2019 MED EXP(Any one person) $ 51000 PERSONAL 8 ADV INJURY $ 1,0001000 GEITL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ t- 2,000,000 POLICY I I JE� F-1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY CO Well_NESINGLE LIMB Eg 11000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED WPp140645103 10/1/2018 10/1/2019 BODILY INJURY(Per $ AUTOS AUTOS X Y ( ) NON-OWNED PeOaPERI i AMAGE $ X HIRED AUTOS X AUTOSid Medical ents $ 000, UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ V"3,000,000 L, X EXCESS UAB CLAIMS-MADE AGGREGATE $ 3,00b_;_000 DED RETENTION$ NHR245525 8/8/2018 10/1/2019 $ WORKERS COMPENSATIONPER OTH- AND EMPLOYERS'LIABILITY YIN X STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE / OFFICERIMEMBER EXCLUDED? N f A E.L.EACH ACCIDENT $ 11000,000 D (Mandatory In NH) y AOWC924684 V 10/1/2010 10/1/2019 E.L.DISEASE-EA EMPLOY $ 11000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more apace Is required) RE: Work done for the City of Cupertino. City of Cupertino, its City ouncil, officers, employees, agents, servants, & volunteers are included as additional insured with respect to the General & Auto Liability per the attached endorsements per written contract. This insurance is Primary per the attached endorsement per written contract. Waiver of Subrogation for General & Auto Liability & Worker's Comp per the attached endorsement per written contract. This policy has a Per Project Limit endorsement also attached. +30 days notice of cancellation for non-renewal of policy CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CUPERTINO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10555 Mary Ave ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino, CA 95014 AUTHORIZED REPRESENTATIVE Yupha Sriporn/STBORR y �S ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 60496333CG 241081211 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (WITH LIMITED COMPLETED OPERATIONS COVERAGE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESSOWNERS COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION the qualifying language above because of Any person or organization to whom or to which payments we make for Injury. the named insured is obligated by a virtue of a written contract to provide Insurance that is LOCATION OF JOB: afforded by this policy. Where required by The job location must be within the State of contract, the officers, officials, employees, domicile of the named insured, or within any directors, subsidiaries, partners, successors, contiguous State thereto. parents, divisions, architects, surveyors and engineers are included as additional insureds. DESCRIPTION OF WORK: All other entities, including but not limited to The type of work performed must be that as agents, volunteers, servants, members and described under classifications in the CGL partnerships are Included as additional insureds, Coverage Part Declarations. If required by contract, only when acting within the course and scope of their duties controlled and supervised by the primary (first) additional Insured. If an Owner Controlled Insurance Program Is involved,the coverage applies to off- PRIMARY CLAUSE: site operations only. If the purpose of this When this endorsement applies and when endorsement is for bid purposes only, then no required by written contract, such insurance as coverage applies. is afforded by the general tiabliity policy is primary insurance and other Insurance shall be WHO IS AN INSURED:(Section II) excess and shall not contribute to the Insurance This section is amended to include as an afforded by this endorsement. insured the person or organization within the scope of the qualifying language above, but only EXCLUSION to the extent that the person or organization is This insurance provided to the additional Insured held liable for your acts or omissions In the does not apply to bodily injury", 'property course of "your work" for that person or damage" or "personal and advertising injury" organization by or for you. The "products- arising out of an architect's, engineer's or completed operations hazard" portion of the surveyor's rendering or failure to render any policy coverage as respects the additional professional services, including: Insured does not apply to any work involving or 1. The preparing, approving, or falling to related to properties intended for residential or prepare or approve, maps, designs, habitationai occupancy (other than apartments). shop drawings, opinions, reports, This clause does not affect the "products- surveys, field orders, change orders, or completed operations" coverage provided to the drawings and specifications; and named insured(s). 2. Supervisory, inspection, architectural or engineering activities. WAIVER OF SUBROGATION: We waive any right of recovery, when required Endorsement EFFECTIVE DATE: S D C by written contract, that we may have against the person or organization within the scope of Endorsement EXPIRATION DATE: SEE DEC CG 20101112 11 Page 1 of 1 Includes copyrighted material of insurance services Office.Inc.,with Its permission POLICY NUMBER: 60496333 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, If not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I—Coverage A, and for expenses shall reduce the Designated all medical expenses caused by accidents under Construction Project General Aggregate Limit Section I — Coverage C, which can be attributed for that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General construction project shown in the Schedule above: Aggregate Limit shown in the Declarations nor 1. A separate Designated Construction Project shall they reduce any other Designated General Aggregate Umit applies to each Construction Project General Aggregate Limit designated construction project, and that limit is for any other designated construction project equal to the amount of the General Aggregate shown In the Schedule above. Umit shown in the Declarations. 4. The limits shown In the Declarations for Each 2. The Designated Construction Project General Occurrence, Damage To Premises Rented To Aggregate Limit Is the most we will pay for the You and Medical Expense continue to apply. sum of all damages under Coverage A. except However, instead of being subject to the damages because of"bodily injury " or"property General Aggregate Limit shown in the damage" Included in the "products-completed Declarations, such limits will be subject to the operations hazard", and for medical expenses applicable Designated Construction Project under Coverage C regardless of the number of: General Aggregate Limit. a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 2 CG 25 03 05 09 E. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is provided, "occurrences" under Section t—Coverage A, and for any payments for damages because of "bodily all medical expenses caused by accidents under injury" or "property damage" included in the Section i — Coverage C, which cannot be attributed "products-completed operations hazard" will reduce only to ongoing operations at a single designated the Products-completed Operations Aggregate construction project shown In the Schedule above: Limb, and not reduce the General Aggregate Limit nor the Designated Construction Project General 9. Any payments made under Coverage A for Aggregate Limit. damages or under Coverage C for medical expenses shall reduce the amount available D. If the applicable designated construction project has under the General Aggregate Limit or the been abandoned, decayed, or abandoned and then Products-completed Operations Aggregate restarted, or if the authorized contracting partes Limit, whichever is applicable; and deviate from pians, blueprints, designs, specifications or timetables, the project will still be 2. Such payments shall not reduce any Designated deemed to be the same construction project. Construction Project General Aggregate Limit. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 05 09 @ Insurance Services Office, Inc., 2008 Page 2 of 2 POLICY NUMBER: WPP140645103 COMMERCIAL AUTO CA990187 0715 This Endorsement Changes The Policy. Please Read It Carefully BUSINESS AUTO COVERAGE EXPANSION ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the COVERAGE FORM apply unless modified by the endorsement. A. Newly Acquired or Formed e. An "employee"of yours is an "insured" Organizations, Employee Hired Car while operating an "auto" hired or rented Liability and Blanket Additional Insured under a contract or agreement in that Status for Certain Entities. "employee's" name,with your Item 1.Who Is an Insured of Paragraph A. permission,while performing duties Coverage under SECTION 11—COVERED related to the conduct of your business. AUTOS LIABILITY COVERAGE is f. Any person or organization you are amended to add: required by written contract or d. Any organization you newly acquire or agreement to name as an additional form, other than a partnership,joint "insured", but only with respect to venture or limited liability company, and liability created in whole or in part by over which you maintain ownership of a such agreement. majority interest (greater than 50%),will B. Increase Of Loss Earnings Payment qualify as a Named Insured; however, Subpart(4) of a.Supplementary Payments (1) coverage under this provision is of Item 2.Coverage Extensions of afforded only until the 180'h day Paragraph A.Coverage under SECTION II after you acquire or form the —COVERED AUTOS LIABILITY organization or the end of the policy COVERAGE is amended to read: period, whichever is earlier; (4) We will pay reasonable expenses (2) coverage does not apply to"bodily incurred by the"insured"at our injury", "property damage"or request, including actual loss of "covered pollution cost or expense" earnings up to$1,000 per day that results from an"accident"which because of time off from work. occurred before you acquired or C. Fellow Employee Injured By Covered formed the organization;and Auto You Own Or Hire (3) coverage does not apply if there is Item 5. Fellow Employee of Paragraph B. other similar insurance available to Exclusions under SECTION II—COVERED that organization, or if similar AUTOS LIABILITY COVERAGE is insurance would have been amended to add: available but for its termination or the exhaustion of its limits of This exclusion does not apply if the"bodily insurance. injury" results from the use of a covered This insurance does nota I if "auto"you own or hire. Such coverage as apply coverage for the newly acquired or is afforded by this provision is excess over formed organization is excluded either any other collectible insurance. by the provisions of this coverage form or by endorsement. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 1 of 5 Used with permission D. Limited Automatic Towing Coverage G. "Personal Effects"Coverage Item 2.Towing, of Paragraph A. Coverage, Item 4. Coverage Extensions of Paragraph under SECTION III—PHYSICAL DAMAGE A. Coverage, under SECTION III- COVERAGE is amended to read: PHYSICAL DAMAGE COVERAGE, is amended to add: 2. Towing "Personal Effects" Coverage We will pay for towing and labor costs each time that a covered"auto"is We will pay actual cash value for"loss"to disabled. All labor must be performed at "personal effects"of the"insured"while in the place of disablement of the covered a covered"auto"subject to a maximum "auto". limit of$2,500 per"loss",for that covered "auto"caused by the same"accident". No a. The limit for towing and labor for deductible will apply to this coverage. each disablement is$500; H. "Downtime Loss" Coverage b. No deductible applies to this cover- age. Item 4. Coverage Extensions,of Paragraph A. Coverage, under SECTION E. Item 3. Glass Breakage —Hitting A Bird III. PHYSICAL DAMAGE COVERAGE, is Or Animal—Falling Objects or Missiles of amended to add: Paragraph A.Coverage under SECTION III —PHYSICAL DAMAGE COVERAGE, is "Downtime Loss" Coverage amended to add: We will pay any resulting"downtime loss" Glass Repair Coverage expenses you sustain as a result of a covered physical damage"loss"to a We will waive the Comprehensive covered "auto" up to a maximum of$100 deductible for Glass, if one is indicated on per day, for a maximum of 30 days for the your covered "auto", for glass repairs. We same physical damage"loss", subject to will repair at no cost to you, any glass that the following conditions: can be repaired without replacement, provided the"loss"arises from a covered a. We will provide "downtime loss„beginning Comprehensive"loss”to your"auto". on the 5'h day after we have given you Transportation Expense our agreement to pay for repairs to a F. Increase Of Trans P P covered"auto"and you have given the Coverage repair facility your authorization to make Subpart a.Transportation Expenses of repairs; Item 4. Coverage Extensions of Paragraph b. Coverage for"downtime loss" expenses A. Coverage under SECTION III— will end when any of the following occur: PHYSICAL DAMAGE COVERAGE is amended to read: (1) You have a spare or reserve"auto" available to you to continue your a. Transportation Expenses operations. We will pay up to$50 per day to a (2) You purchase a replacement"auto". maximum of$1,000 for temporary (3) Repairs to your covered "auto" have transportation expense incurred by you because of the total theft of a covered been completed by the repair facility "auto" of the private passenger type. and they determine the covered We will pay only for those covered "auto" is road-worthy. "autos"for which you carry either (4) You reach the 30 day maximum Comprehensive or Specified Causes of coverage. Loss Coverage or Theft Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 2 of 5 Used with permission I. Item 4.Coverage Extensions, of d. Contraband or property in the course Paragraph A. Coverage, under SECTION of illegal transportation or trade. III. PHYSICAL DAMAGE COVERAGE, is e. "Loss"caused by theft, unless there is amended to add: evidence of forced entry into the We will pay any resulting rental covered "auto"and a police report is reimbursement expenses incurred by you for filed. a rental of an "auto" because of"loss"to a K. Accidental Airbag Discharge Coverage covered "auto"up to a maximum of$100 per day, for a maximum of 30 days for the same Item 3.a. of Paragraph B. Exclusions under physical damage"loss", subject to the SECTION III—PHYSICAL DAMAGE following conditions: COVERAGE is amended to read: a. We will provide rental reimbursement a. Wear and tear, freezing, mechanical incurred during the policy period or electrical breakdown.The beginning 24 hours after the"loss"and exclusion relating to mechanical ending, regardless of the policy break-down does not apply to the expiration, with the number of days accidental discharge of an air bag. reasonably required to repair or replace L. Loan or Lease Gap Coverage the covered "auto". If the"loss" is Paragraph C. Limit Of Insurance under caused by theft, this number of days is SECTION Ill—PHYSICAL DAMAGE the number of days it takes to locate the COVERAGE is amended to add: covered "auto"and return it to you or the number of days it takes for the claim to If a covered "auto" is owned or leased and be settled,whichever comes first. if we provide Physical Damage Coverage on it,we will pay, in the event of a covered b. Our payment is limited to necessary and total "loss", any unpaid amount due on the actual expenses incurred. lease or loan for a covered"auto", less: c. This coverage does not apply while a. The amount paid under the Physical there are spare or reserve "autos" Damage Coverage Section of the available to you for your operations. policy; and d. If a"loss" results from the total theft of a b. Any: covered "auto"of the private passenger type, we will pay under this coverage (1) Overdue lease or loan only that amount of your rental payments including penalties, reimbursement expenses which is not interest or other charges already provided for under the Physical resulting from overdue Damage Coverage Extension. payments at the time of the J. "Personal Effects" Exclusion "loss"; Paragraph B. Exclusions under SECTION (2) Financial penalties imposed under a lease for excessive use, 111—PHYSICAL DAMAGE COVERAGE, is amended to add: abnormal wear and tear or high "Personal Effects" Exclusion mileage; (3) Costs for extended warranties, We will not pay for"loss"to"personal Credit Life Insurance, Health, effects"of any of the following: Accident or Disability Insurance a. Accounts, bills, currency, deeds, purchased with the loan or evidence of debt, money, notes, lease; securities or commercial paper or (4) Security deposits not refunded other documents of value. by the lessor; and b. Bullion, gold, silver, platinum, or other (5) Carry-over balances from precious alloys or metals;furs or fur previous loans or leases garments;jewelry; watches;precious or semi-precious stones. c. Paintings, statuary and other works of art. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 3 of 5 Used with permission M. Aggregate Deductible (3) An "executive officer"or director, if Paragraph D. Deductible under SECTION you are a corporation; III—PHYSICAL DAMAGE COVERAGE is (4) A manager or member, if you are a amended to add: limited liability company; Regardless of the number of covered (5) Your insurance manager;or "autos" involved in the same"loss", only (6) Your legal representative. one deductible will apply to that"loss". If the deductible amounts vary by"autos", P. Waiver Of Subrogation For Auto Liability then only the highest applicable deductible Losses Assumed Under Insured Contract will apply to that"loss". Item 5. Transfer Of Rights Of Recovery N. Diminishing Deductible Against Others To Us of Paragraph A. Loss Conditions under SECTION IV— Paragraph D. Deductible under SECTION BUSINESS AUTO CONDITIONS is III—PHYSICAL DAMAGE COVERAGE is amended to read: amended to add: An deductible will be reduced b the 5. Transfer of Rights of Recovery Y Y Against Others To Us percentage indicated below on the first "loss" reported during the corresponding If any person or organization to or for policy period: whom we make payments under this Coverage Form has rights to recover damages from another, those rights are Loss Free Policy Periods Deductible transferred to us. That person or With the Expansion Reduction on the organization must do everything Endorsement first"loss" necessary to secure our rights and must 1 0% do nothing after an"accident"or"loss" 2 25% to impair them. However, if the insured has waived those rights to recover 3 50% through a written contract, we will waive 4 75% any right to recovery we may have 5 100% under this Coverage Form. If we pay a Physical Damage"loss"during Q. Insurance is Primary and the policy period under any BUSINESS Noncontributory AUTO COVERAGE FORM you have with Subpart a. of Item 5.Other Insurance of us,your deductible stated in the Paragraph B.General Conditions under Declarations page of each such SECTION IV—BUSINESS AUTO COVERAGE FORM will not be reduced on CONDITIONS is amended to read: any subsequent claims during the remainder of your policy period and your deductible a. This insurance is primary and reduction will revert back to 0%for each noncontributory, as respects any other such COVERAGE FORM if coverage is insurance, if required in a written contract with you. renewed. 0. Knowledge of Loss and Notice To Us R. Other Insurance—Hired Auto Physical Damage Subsection a. of Item 2. Duties In the Event Subpart b. of Item 5..Other Insurance of of Accident, Claim, Suit or Loss of Paragraph B. General Conditions under Paragraph A. Loss Conditions under SECTION IV—BUSINESS AUTO SECTION IV— BUSINESS AUTO CONDITIONS is amended to read: CONDITIONS is amended to add: However, prompt notice of the"accident", b. For Hired Auto Physical Damage claim, "suit"or"loss"to us or our Coverage, the following are deemed authorized representative only applies to be covered "autos you own: after the "accident", claim, "suit"or"loss"is (1) Any covered "auto" you lease, known to: hire, rent or borrow; and (1) You, if you are an individual; (2) A partner, if you are a partnership; CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 4 of 5 Used with permission (2) Any covered"auto"hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission,while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". S. Unintentional Failure To Disclose Hazards Paragraph B. General Conditions under SECTION IV—BUSINESS AUTO CONDI- TIONS is amended to add: 9. Your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided that such failure to disclose all hazards is not intentional. However, you must report such previously undisclosed hazards to us as soon as practicable after its discovery. T. Additional Definition SECTION V—DEFINITIONS is amended to add: "Personal effects"means personal property owned by the "insured". "Downtime loss"means actual loss of "business income"for the period of time that a covered"auto": 1. Is out of service for repair or replacement as a result of a covered physical damage"loss"and 2. Is in the custody of a repair facility if not a total"loss". "Business Income"means: 1. Net Income (Net Profit or Loss before income taxes) that would have been earned or incurred; and 2. Continuing normal operating expenses incurred, including payroll. In this endorsement, Headings and Titles are Inserted solely for the convenience and ease of reference. They do not affect the coverage provided by this endorsement, nor do they constitute any part of the terms and conditions of this endorsement. All other policy wording not specifically changed, modified, or replaced by this endorsement wording remains in effect. CA990187 0715 Includes Copyrighted Material of Insurance Services Offices, Inc. Page 5 of 5 Used with permission WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04108 (Ed.9-14) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS 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 that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2% of the total manual premium otherwise due on such remuneration. The minimum premium for this endorsement is $350. This agreement shall not operate directly or Indirectly to benefit anyone not named In the Schedule. SCHEDULE BLANKET WAIVER Person/Organization Blanket Waiver—Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. Job Description Waiver Premium All CA Operations 2276.00 This endorsement changes the policy to which It is attached and is effective on the date Issued unless otherwise stated. (The Information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 10/01/2018 Policy No. AOWC924684 \, Endorsement No. Insured Premium$ Insurance Company Cypress Insurance Company Countersigned by WC 99 04108 (Ed.9-14) 3/14/2019 United Fire Group, Inc.-Company Profile-Best's Credit Rating Center United Fire Group, Inc. A.M. Best#: 058589 Stock Ticker: The Nasdaq Stock Market NASDAQ UFCS Mailing Address View Additional Address P.O. Box 73909 Information View additional news, reports Cedar Rapids, IA 52407-3909 and products for this company. United States Web: www.ufginsurance.com Phone: 319-399-5700 Fax: 319-286-2512 Based on A.M. Best's analysis, 058589 - United Fire Group, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Long-Term Issuer Credit Rating View Definition Long-Term: bbb Outlook: Stable Action: Affirmed Effective Date: November 16, 2018 Initial Rating Date: February 08, 2012 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Robert Valenta Director: Raymond Thomson, CPCU, ARe, ARM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information http://ratings.ambest.com/CompanyProfile.aspx?ambnum=58589&URatingld=2928293&bl=0&AItSrc=1&PPP=&AItNum=O&Ext_user=&Ext Misc=&Po... 1/4 3/14/2019 United Fire Group, Inc.-Company Profile-Best's Credit Rating Center Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of United Fire Group, Inc. and Its Property/Casualty Subsidiaries November 16, 2018 Rating History Long-Term Issuer Credit Rating Effective Date Rating 11/16/2018 bbb 9/29/2017 bbb 9/15/2016 bbb 4/23/2015 bbb 4/30/2014 bbb Best's Credit Reports (—;Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 1/7/2019 (represents the latest significant change). j - Historical Reports are available in Best's Credit Report Archive. h' View additional news, reports and products for this company. http://ratings.ambest.com/CompanyProfile.aspx?ambnum=58589&URatingld=2928293&bl=0&AItSrc=1&PPP=&AItNum=O&Ext_User=&Ext_Misc=&Po... 2/4 3/14/2019 United Fire Group, Inc.-Company Profile-Best's Credit Rating Center Press Releases Date Title Nov 16, 2018 A.M. Best Affirms Credit Ratings of United Fire Group,Inc.and Its Property/Casualty Subsidiaries Sep 29, 2017 A.M. Best Affirms Credit Ratings of United Fire Group,Inc. and Its Property/Casualty Subsidiaries Sep 22, 2017 A.M. Best Places Credit Ratings of United Life Insurance Company Under Review With Developing Implications Sep 15, 2016 A.M. Best Affirms Credit Ratings of United Fire Group,Inc.and Its Subsidiaries Apr 23,2015 A.M. Best Affirms Ratings of United Fire Group,Inc.and Its Subsidiaries;Assigns Ratings to UFG Specialty Insurance Company Apr 30, 2014 A.M. Best Affirms Ratings of United Fire Group,Inc.and Its Subsidiaries May 16, 2013 A.M. Best Revises Outlook to Stable and Affirms Ratings of United Fire Group,Inc. and Its Subsidiaries Jun 11, 2012 A.M. Best Affirms Ratings of United Fire Group,Inc. and Its Subsidiaries Feb 08, 2012 A.M. Best Assigns Issuer Credit Rating to United Fire Group,Inc. Find a Best's Credit Rating Enter a Company Name EO Advanced Search Htttar to het a UA+ Cheat's Credit Mating Best's Credit Matings Mobile App U0 European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU)Rating Services B.V.(AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. http://ratings.ambest.com/CompanyProfile.aspx?ambnum=58589&URatingld=2928293&bl=0&AItSrc=1&PPP=&AItNum=O&Ext User=&Ext Misc=&Po... 3/4 3/14/2019 United Fire Group, Inc.-Company Profile-Best's Credit Rating Center Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy, sell or hold securities,or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs-Form NRSRO-Code of Conduct- Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. http://ratings.ambest.com/CompanyProfile.aspx?ambnum=58589&URating Id=2928293&bl=0&AItSrc=1&PPP=&AItNum=O&Ext_User=&Ext_Misc=&Po... 4/4 3/14/2019 Wesco Insurance Company-Company Profile-Best's Credit Rating Center Wesco Insurance Company A.M. Best#: 002468 NAIC#: 25011 FEIN#: 850165753 Administrative Office View Additional Address 59 Maiden Lane 6th Floor Informationum�Financial �� ��� New York, NY 10038 �, �- United States A_ Ex lana, Assigned to insurance Web: www.amtrustgroup.com companies that have, in our Phone: 212-220-7120 opinion, an excellent ability to Fax: 212-220-7130 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 051002 -AmTrust Financial Services, Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A-(Excellent) Affiliation Code: p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Downgraded Effective Date: July 03, 2018 Initial Rating Date: June 30, 1964 Long-Term Issuer Credit Rating View Definition Long-Term: a- Outlook: Stable http://ratings.ambest.com/SearchResults.aspx?URatingld=2928293&b1=0&AltSrc=1&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 1/4 3/14/2019 Wesco Insurance Company-Company Profile-Best's Credit Rating Center Action: Downgraded Effective Date: July 03, 2018 Initial Rating Date: June 22, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Director: Jennifer Marshall, CPCU, ARM Managing Director: Anthony Diodato Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Removes from Under Review, Downgrades Credit Ratings of AmTrust Financial Svcs. and Most Subs.; Assigns Stable Outlook July 03, 2018 Rating History A.M. Best has provided ratings &analysis on this company since 1964. Financial Strength Rating Effective DateRating 7/3/2018 A- 11/6/2017 A u 2/27/2017 A 7/8/2016 A 5/29/2015 A 5/30/2014 A http://ratings.ambest.com/SearchResuIts.aspx?URatingld=2928293&bl=0&AItSrc=1&PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=O&Site= 2/4 3/14/2019 Wesco Insurance Company-Company Profile-Best's Credit Rating Center Long-Term Issuer Credit Rating Effective Date Rating 7/3/2018 a- 11/6/2017 a u 2/27/2017 a 7/8/2016 a 5/29/2015 a 5/30/2014 a Best's Credit Reports Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 2/27/2019 (represents the latest significant change). Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Jul 03,2018 A.M. Best Removes from Under Review, Downgrades Credit Ratings of AmTrust Financial Svcs. and Most Subs.;Assigns Stable Outlook Nov 06, 2017 A.M. Best Places Credit Ratings of AmTrust Financial Services,Inc.and Subsidiaries Under Review With Negative Implications May 25, 2017 A.M. Best Comments on Credit Ratings of AmTrust Financial Services,Inc.and Subsidiaries Following Common Equity Raise Feb 27, 2017 A.M. Best Revises Outlooks to Negative and Affirms Credit Ratings of AmTrust Financial Services, Inc. and Its Subsidiaries Jul 08,2016 A.M. Best Affirms Ratings of AmTrust Financial Services,Inc.and Its Subsidiaries May 29, 2015 A.M. Best Affirms Ratings of AmTrust Financial Services,Inc. and Its Subsidiaries Apr 23,2015 A.M. Best Places Ratings of Springfield Insurance Company Under Review With Positive Implications May 30, 2014 A.M. Best Affirms Ratings of AmTrust Financial Services,Inc.and Its Subsidiaries May 24, 2013 A.M. Best Affirms Ratings of AmTrust Financial Services,Inc.and Its Subsidiaries _ --i 2 ----- Page size: 10 ------------------- ---- 9 18 items in 2 pages http://ratings.ambest.com/SearchResults.aspx?URatingld=2928293&bl=0&AItSrc=1&PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 3/4 3/14/2019 Wesco Insurance Company-Company Profile-Best's Credit Rating Center Find a Best's Credit Rating Enter a Company Name Go Advanced Search How to Get a �l+ Best's Credit Hating +4 ' Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU)Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS) Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy,sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions,as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map i Customer Service I My Account I Contact i Careers I Terms of Use I Privacy Policy i Security I Legal & Licensing Regulatory Affairs-Form NRSRO-Code of Conduct- Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. http://ratings.ambest.com/SearchResults.aspx?URatingld=2928293&bl=0&AItSrc=1&PPP=&AItNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 4/4 3/14/2019 RSUI Indemnity Company-Company Profile-Best's Credit Rating Center RSUI Indemnity Company A.M. Best#: 012603 NAIC#:22314 FEIN#: 160366830 Administrative Office View Additional Address 945 East Paces Ferry Road Suite Information Fim�ri17 Fitjt�l 1800 <i�� Atlanta, GA 30326-1160 A+ S! pafior United States Assigned to insurance companies that have, in our Web: www.rsui.com opinion, a superior ability to Phone: 404-231-2366 meet their ongoing insurance Fax: 404-231-3755 obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058309 -Alleghany Corporation is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A+ (Superior) Financial Size Category: XIV ($1.5 Billion to $2 Billion) Outlook: Stable Action: Affirmed Effective Date: November 02, 2018 Initial Rating Date: July 01, 2003 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable Action: Affirmed http://ratings.ambest.com/CompanyProfile.aspx?ambnum=12603&URatingld=2928293&b1=0&AltSrc=1&PPP=&AltNum=0&Ext_User=&Ext_Misc=&Po... 1/5 3/14/2019 RSUI Indemnity Company-Company Profile-Best's Credit Rating Center Effective Date: November 02, 2018 Initial Rating Date: November 16, 2005 i u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Mariza Costa Associate Director : Scott Mangan Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of Transatlantic Reinsurance Company and Alleghany Corporation November 02, 2018 Rating History A.M. Best has provided ratings &analysis on this company since 2003. Financial Strength Rating Effective Date Rating 11/2/2018 A+ 9/29/2017 A+ 8/19/2016 A+ 4/24/2015 A+ 4/2/2014 A+ Long-Term Issuer Credit Rating Effective Date Rating http://ratings.ambest.com/CompanyProfile.aspx?ambnum=12603&URatingld=2928293&bl=0&AItSrc=1&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Po... 2/5 3/14/2019 RSUI Indemnity Company-Company Profile-Best's Credit Rating Center 11/2/2018 aa- 9/29/2017 aa- 8/19/2016 aa- 4/24/2015 aa- 4/2/2014 aa- Related Financial and Analytical Data The following links provide access to related data records that A.M. Best utilizes to provide financial and analytical data on a consolidated or branch basis. Company AMB # Company Description Name 019248 RSUI Group Represents Property/Casualty business of this legal entity. (CS) 018621 RSUI Group Represents the A.M. Best Consolidated financials for the Property/Casualty (SG) business of this legal entity. Rating Unit Best's Credit Reports Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 12/5/2018 (represents the latest significant change). Historical Reports are available in Best's Credit Report Archive. y a View additional news, reports and products for this company. http://ratings.ambest.com/CompanyProfile.aspx?ambnum=12603&URatingld=2928293&bl=0&AItSrc=1&PPP=&AltNum=O&Ext User=&Ext Misc=&Po... 3/5 3/14/2019 RSUI Indemnity Company-Company Profile-Best's Credit Rating Center Press Releases i Date Title Nov 02, 2018 "A A.M. Best Affirms Credit Ratings of Transatlantic Reinsurance Company and Alleghany Corporation Sep 29, 2017 A.M. Best Affirms Credit Ratings of Transatlantic Reinsurance Company and Alleghany Corporation Aug 19, 2016 A.M. Best Upgrades Ratings of Transatlantic Reinsurance Company and Alleghany Corporation Apr 24, 2015 A.M. Best Affirms Ratings of Alleghany Corporation's RSUI Indemnity Company and Its Affiliates Apr 02, 2014 A.M. Best Upgrades Ratings of Alleghany Corporation's RSUI Indemnity Company and Its Subsidiaries Feb 28, 2013 A.M. Best Upgrades Issuer Credit Ratings of Transatlantic Holdings Inc.and Its Subsidiaries Jun 10, 2011 A.M. Best Affirms Ratings of Alleghany Corporation and Its Subsidiaries May 21, 2010 A.M. Best Upgrades Issuer Credit Ratings of Alleghany Corporation and Certain Subsidiaries Apr 03, 2008 A.M. Best Revises Outlook of Issuer Credit Ratings to Positive for RSUI Group&Assigns Ratings to Covington Specialty Apr 30 2007 A.M. Best Comments on Alleghany Corporation's Definitive Aqreement to Acquire Employers 1 2 Page size: 10 13 items in 2 pages Find a Best's Credit Rating Enter a Company Name FGo] Advanced Search How to Get a p+ Bests Credit Rating Best's Credit Ratings Motile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU)Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its http://ratings.ambest.com/CompanyProfile.aspx?ambnum=12603&URatingld=2928293&bI=O&AItSrc=1&PPP=&AItNum=O&Ext_User=&Ext_Misc=&Po... 4/5 3/14/2019 RSUI Indemnity Company-Company Profile-Best's Credit Rating Center Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs-Form NRSRO-Code of Conduct- Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. http://ratings.ambest.com/CompanyProfile.aspx?ambnum=12603&U Rating ld=2928293&bl=0&AltSrc=1&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Po... 5/5 3/14/2019 Cypress Insurance Company-Company Profile-Best's Credit Rating Center Cypress Insurance Company A.M. Best#: 000308 NAIC#: 10855 FEIN#: 956042929 Mailing Address View Additional Address -- 1314 Douglas Street Information F�mr ,�I Rating Omaha, NE 68102 BEST United States A++ .SupaT Assigned to insurance Web: www.bhhc.com companies that have, in our Phone: 888-495-8949 opinion, a superior ability to Fax: 415-395-7750 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058334 - Berkshire Hathaway Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A++ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: December 11, 2018 Initial Rating Date: June 30, 1973 Long-Term Issuer Credit Rating View Definition Long-Term: aa+ Outlook: Stable http://ratings.ambest.com/SearchResults.aspx?URatingld=2928293&bl=0&AltSrc=1&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 1/4 3/14/2019 Cypress Insurance Company-Company Profile-Best's Credit Rating Center Action: Affirmed Effective Date: December 11, 2018 Initial Rating Date: April 13, 2006 l u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Mariza Costa Senior Director: Robert B. DeRose Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information I Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Berkshire Hathaway Homestate Insurance Company and Its Affiliates December 11, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1973. Financial Strength Rating Effective Date Rating 12/11/2018 A++ 12/15/2017 A++ 12/6/2016 A++ 6/12/2015 A++ 6/17/2014 A++ Long-Term Issuer Credit Rating http://ratings.ambest.com/SearchResults.aspx?URatingld=2928293&bl=0&AltSrc=1&PPP=&AltNum=O&Ext User—&Ext_Misc=&Portal=O&Site= 2/4 3/14/2019 Cypress Insurance Company-Company Profile-Best's Credit Rating Center Effective Date Rating 12/11/2018 aa+ 12/15/2017 aa+ 12/6/2016 aa+ 6/12/2015 aa+ 6/17/2014 aa+ Best's Credit Reports 17 Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 1/8/2019 (represents the latest significant change). iHistorical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Dec 11,2018 AM Best Affirms Credit Ratings of Berkshire Hathaway Homestate Insurance Company and Its Affiliates Dec 15,2017 A.M. Best Affirms Credit Ratings of Berkshire Hathaway Homestate Insurance Company and Its Affiliates Dec 06,2016 A.M. Best Affirms Credit Ratings of Berkshire Hathaway Homestate Insurance Company and Its Affiliates Jun 12,2015 A.M. Best Affirms Ratings of Berkshire Hathaway Homestate Insurance Company and Its Affiliates Jun 17, 2014 A.M. Best Affirms Ratings of Berkshire Hathaway Homestate Insurance Company and Its Affiliates Jun 14, 2013 A.M. Best Affirms Ratings of Berkshire Hathaway Homestate Insurance Company and Affiliates Jun 11, 2012 A.M. Best Affirms Ratings of Berkshire Hathaway Homestate Insurance Company and Affiliates May 09, 2011 A.M. Best Affirms Ratings of Berkshire Hathaway Homestate Companies and Its Members May 06, 2010 A.M. Best Removes Ratings of Berkshire Hathaway Homestate Companies and Its Members From Under Review Nov 06, 2009 A.M. Best Places Ratings of Berkshire Hathaway Inc.'s Subsidiaries Under Review With Negative 1 2 Page size: 10 13 items in 2 pages Find a Best's Credit Rating Enter a Company Name Go Advanced Search http://ratings.ambest.com/SearchResuIts.aspx?URatingld=2928293&bl=0&AItSrc=1&PPP=&AItNum=O&Ext User=&Ext_Misc=&Portal=O&Site= 3/4 3/14/2019 Cypress Insurance Company-Company Profile-Best's Credit Rating Center How to Get a �♦ Best's Credit Rating +, Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU)Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy, sell or hold securities,or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. i' http://ratings.ambest.com/SearchResults.aspx?URatingld=2928293&bl=0&AItSrc=1&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&Site= 4/4