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19-060 Foster Brothers Security Systems Inc., Locksmith Services at City FacilitiesCITY OF a PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1.PARTIES This public works contract ("Contract") is made and entered into on April 22, 2019 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Foster Bros Security Systems Inc. , a Corporation ("Contractor") for locksmith services at City facilities. 2.SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3.TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on December 31, 2019 ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 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 $60,000.00 ("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 Locksmith Services -City Facilities Public Works Contract $60,000/Rev. Jan. 02, 2019 Page I of 11 any incidentJJ costs incurred. Contractor \.viii be paid 95% of the undisputed amounts billed within .10 days after City receives a properly subrniUed invoice. Any retained amount� will be included with Contractor's linal payment within 60 days of City's acceptance of the Work as complete. 5.lNUJi'.PRNOENT CONTRACTOR 5.1 Status. Ccrntrnclor i.s an independent con true tor anti nol an employee of' City. Contractor is solely responsible for the means and methods of performing the Work and for the pcrson.s under thi.s employment. (\rntractor is nol entitled lo worker's compensat ion cw any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontrndms thaL they have the qua Ii licaLions and skills Lo perform the Work in a competent and professional manner and according to the highest st::rndards and best practices in the industry. 5.3 Perm its and Licenses. Contractor \Varranls on behalf of' iLsel rand ils sL1bconlrac.tors th·1t they arc properly licensed, registered, and/or certified to perform the Work as required by lmv, and have procured a City Business I icense. Conlractor shall possess u California Contractor's l .icensc in good st.anding for lht: 1·011owing classificarion(s): C28 . which mu st remain val id for the entire Con tract Ti me. 5.4 Subcontractors. Only Contractor's employees m·c authorized to work under th is Conlrnc.l. Prior Vv't'itten approval from City is required for �my subcontractor, und the terms and conditions ot'this Con!ract will upply Lo any approved subcontractor. 5.5 Tools, l\ilaterials nnd E:q uipme11t. Contractor will supply all tools, malerials and eciuipmcnt required to pedorm the \.Vork under this Contract. 5.6 Pa)'·meu t of Taxes. Contractor must pay income taxes on the money earned under thi.s Contract. Upon City's request, Contractor will provide proofof payment and wlll inclcnu1ify City !'or violations pur!:>uanl lo Lhe imlemnilrcalinn provision or Lhis Conlr:.1c.t. 6.CHANGE OROF.RS Amendments and c.:hange orders must he in \Nriting and signed by City and Contractor. ContracLor's reguest f'or a change order mL1st spccit)' the proposed changes in the \Vork, Contracl Price, and Contract Time. Lach request must include all the supporting documentation, includit1g bul not limited to plans/drav,.:ings, detailed cosl estimates, and irnpa-cts on schedule and completion date. 7.ASSIGNMENTS; SUCCESSORS Contrador shal I not assign, hypolhecate, or trans fer Lh is Contract or any interest therein, cl ircctly or indirectly, hy operation of law or otherwise, without prior written consent or· City. Any auempl to do so \Vi 11 be null and void. Any changes related to the financial contrnl or business nature or Contrnclor as a legal entity i.s considered an assignrnenl of'the Contract and subject to City approval. whid1 shall not be unreasonably withheld. Control means fiHy percent (50%) or more of the voting po .. ver nf'lhe buslness entity. This Conln..1cL is bin<ling 011 Contrnctor, iL<.; heirs. succ.:essors and permitted assigns Public Works Project locksmith Services - City Faciliities Public Works Contract '$80,000 /Rev. Jan. 02. 2019 J >agc 2 of 11 8.PUBLICJTY / SIGNS Any pub I icily generated by Contractor for the Project during the Contract Time, and for one year thereafter must credi1 City contribulions to the Project. The words ''Ctty ofCupe1tino" must be di::;playec..l in all pieces or publicity, llyers, press rekases, po<;ters, brod1ures. intervievv:s, public service annou11ccmcnls and newspaper al'ticles. No signs may be posted or displayed on or about City properly, excepl signage r�quirect by law or this Contrad, without prior written approval From the City. 9.SUBCONTRACTORS <).1 Contractor mL1st perform all the \Vork with its o,.vn forces, except Lhat Contractor may hire quuli11ed subcontractors lo perform up to 20 % of the Work, provided rhat cnch subconlracwr is rcqL1ircd by contract to be bound by the provisions of this Contract. Contractor must provide City with written rroof'of cornpliance \Vilh this pro vision upon request. ').2 City may rejec.1 any s1Jbcontrador of' any !ier and bar a suhconlnu.;tor from performing Work on the ProjecL, il'City in its '>Ole discretion determines ihaL subconiracior's Work falls short of'the rcqu iremcnts of th is Contract or con�litutes grounds for r�jection under Public Contract Code Section 4 !07. Tf City rejecls a sLtbconLrador, Contractor al its own expense musL perform the subcontractor's \.Vork or hire a new sL1bcontractor that is acceptable to City./\ Notice of Completion must be rncorJetl within l 5 days after City accepts the \Vork i f'Lhe Contl'act involves work by subc.ontrnctors. 10.RECORDS AND DAlL Y REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and al comp let ion of Projecl. The rerorts m Ltsl descrihe the \Vork and spec inc ta�ks performed, the m1 mbcr of" workers, the hours, the equipment, the weather conditi-ons, and any circumstances atfocti ng performance. City ,viii have ownersl1ip of"lhe reports, but Contractor wtll be permitted to retain copies. rn.2 Ir applicable, Contractor mllst keep a separate set of as-built drawings .s�1owing changes anJ tiptlules Lo the Scope oJ' Work or Hie original drrn.ving.s as changes occur. AcLual loc.alion� to scale mllst be identified for all major components of the Work, including mechanical, electrical and plumbing Vv'ork� l lYAC systems; i1tilities and uLiliLy wnneclions; and any other components City dctcm:1incs should he incl udcd in the final drnv,1i ngs of the Project. Deviations from lht! original <lrawi ngs must be shown ir1 detail, and tbe location of all main runs, piping, conduit, ductwork, and drain lines rnu.sl he sho\.Vll by di111ension and elevation. I 0.3 Contractor 111 u!:.t main Lain complete anc..1 accLirate accmmti ng records of' its \Vork, in accordance with generally accepLed accounting principles, v,,1hich must be available for City review and audit, kept separate from other records, and maintained for four years from the date of City's final payment. Public Works Project Locksmith Services -City Facilities Public Works C-Ontract SB0.000 !Rev. Jan. 02, 201.9 11.INDE:J\:lNlFICATION I I. I To Lhc flilles.t extent allowed by law. and except for losses caused by the sole and acrivc negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City. its City Coun�iL boards and commissions, officers, officials. employees, agents, servants, volunteers and consultants ("lndemnitecs''), through legal counsel Acceptable to City. from m1d against any and al I I iabi lily, damages, claims, slop notices, actions. causes of action, deman<ls, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and d ispLlte resolution proceedings), of every nature arising <lirec.tly or indi reclly from th is Contract or in any manner relating lo any of the following,: (a)Breach of contnu.:.t, ohl igalions, repres.enlalions or v,,,arranLies; (b)Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, suhconlrac.:Lors or suhconlrac.:Lors; ( c;} Payment or nonpayment by Contractor or its subcontractors or SLib-subconlraclors lor Work performed on or off the lJ rojec-1. Site; and (d)Personal injury, properly damage, or economic.: loss resulting from the \vork or perrormance of Contractor or its subcontractors or sub-subcontractors. 11.2 ConLrac.:Lor must pay the costs City incms in enforcing this provision. Contractor must accept a tender or detcnsc upon receiving notice from City of a third-patty claim. in accordance with California Pub I ic C:011tract CoJe Section 920 I. At City's reque8t, Contractor will assist City in the delense or u dairn, Jispule or lawsuit arising out of this Contract. 11.3 Contrw...:wr's duties under this entire Section arc not limited to Contract Price, \"/orkers' Compensation or other employee benefits, or the insmance a11d bond coven1ge required in thls Contract. Nolhing in Lhe Contract shall be construed lo give rise to any implied right of indenrmiLy in favor or Contractor against City or any other lndemn(tee. 11.4 Contractor's rayments 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 ConLraclor sh al I comply with the Insurance Requirements, attached and incorporated here as Exhibit B.Contractor must provide sulisf'adory proo r· of insurance an<l mainlain it for the Contract 'I 'ime or longer as requirt!d by City. City will not execute the Conlrn<.:t until City has approved re<.:eipl or· satisfactory certificates of insurance and endorsements evidencing tbc type, amount, class of operations covered. and the effective and expiration c.lutes of'coveruge. Failure to c;.omply with this provision may resu IL in C iLy, al i Ls sole d iscrction and without notice, purchasing insurance al Contractor's expense, deducting the costs from Contractol''s compensation, or terminating the Contract. Public Works ProJ0ct Locksmith Serv:ices -Citv FacHitjes. Public Works Contract $60,000 !Rev. Jan. 02, 2019 Page ·1 ur l l 13.COMPLIANCE WITH LA \:VS 13.l General Laws. Contractor shall comply with all laws and regulations applicable to thi Contract. Contractor wi 11 prornptly noti IY Ci Ly of changes in the law or other c.ond itions that may affect the Pmjec.l or Contractor's. ability to perform. Contractor is responsible for vcrilYing the employment status of employees performing 1J1e \Vork, 11.s required by Lhe Immigration Reform and Control Act 13.2 Labor Laws. (a)Contracts of$1,000 or more arc subject to the requirements of the California Labor Coe.le, including but not limited to: (i)Prevailing \Vage lmvs under Labor Code Section 1775, which require ContracLOrto pay prevailing wages applicable in Santa Clara C<lunty for each <.;ra�, classification, or type oh.vorkcr needed to perform the \Vork, including health, pension and vacation. The prevailing: wage rates are on ftle with the City Engineer's Mike and are available on line al hHn://v.,ww.dir.i.:a.gov/OLSR: (ii)Apprentic.eship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii)tvlaintain certified payrnll records in accordance i.vith Labor Code Sections 1776 and 1812. and ekctronically submit them to the Labor Commissioner as required by the regulations of California, Departmenl or Industrial Relations (''iJl R"); {iv) Comply with DIR l\1foniloring, F.nfim.:emenl and Registration requirements of Labor Code Section 1725 .5. (b)Contractor· must compensate workers who arc paid less than prevailing wages or required Lo vv ork more than a legal day's work. Contractor will also be required to pay City a penalty of $ �00.00 __ per \Vorker for each day of violation. (c) As required by Labor Code Section 1861, by signing this Contract Contructor certifies as follows: "I am awm·e of Labor Code Section 3700 which l'cquircs. cvl;ry employer Lo be insured against liability ft)l' workers' compcnsmion or Lo undertake selr-insur;mce in accordance ,vith the prnvisions of that code, and l vvill comply ,vith such provisions bdc.)re commencing the \Vork nn this Contract.'' 13.3 Disl�rimiuation Laws. Contrnc.tor shall not discriminate on tlrn basis of race, religious creed, color, ancestry naLional origin, ellm iei ty, handicap, disabi I ity, marital status, pr·cgnancy, age, sex, gender, sexual orientation, gender identity, Acquircd-lmmunc Deficiency Syndrome (Al OS) or any other protected classification. Contractor 1;hall comply with all anti-discrimination la.vs, including Ciovernmenl Code Sections 12900 and I I 135, and Lah or Code Sections 17 35, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination. Contractor unc.lerslands that harassrnent and discrimination direclec.l loward a job applicant, an employee, a City employee, or any oLher person, hy Contractor or Contractor's employees or sub-contract.or· will not be tolerfltcd. Public Works Project Locksmitt1 Services -City Facilities Public Wori;s Contract $60,000 /Rev. Jan. 02 . 2019 Page 5 of I J 13.4 Conllict.s ol' lntercst. Co ntractor. its e111pl<.1yees, subcontractors, servant:; and ug:ents. may not have, maintain or ac4uire a conflict ol' interest in relation Lo this Contract in violation or la\.v. including Governmem Code section l090 and Government Code section 81000 and their accompanying regulations. No officer. official. employee, consLdtant, or other agent of the City ("City Representative") may have, maintain, or acquire a ·'financial interest" in Lhe Contract, as lhaL term is Jellned by srnw law, or ln violation of a City ordinance or policy white serving as a City H.epresentalive or for one year Lhereafler. Contractor, its employees. suhc.ontrat:LDrs, .servants and agent� warrant they arc not employees of City 01· have any relationship with City officials, officers or employees that creates u conflict ol'interest. Contractor may be required to file a confli<.:t of interest f'orm i f'iL makes certain governmental decisions or serves in a staff capacity, as denned in secLion 18700 or Lhc Ca lifornia Code of Regulations. Contrnctol' agrees co abide by City rules g.ovcrning gifts to publlc officials und employees. 13.5 Remedies. Any violation of Section 13 constilutes a material breach and may result in City suspending payments, requiring reimbursernenl, or terminating the Contract. City reserves all rights ancl remedies under the la\v and this Contract, including seekin� indernnltication. 14.BONDS For conlracls o(' $25,000 or more, Contractor must obtain a �aymcnt bond and a performance hontl. each in the penal sum of l 001% of the Contract Pdce, using t�e Bond forms attached and incorporated here us I�. Each homi 111L1st be issued by a surely admitted in California, with a linuncial rating from AJvt. Be�L Company of Class,\-or hlghcr, or as othen.visc acccptab[c lo City. If an issuing surety cancels a bond or becomes i11solve111, Contractor musl provide a imbstiiute bond from a surety acceplable to City within seven calendar days a Iler written notice r·rorn City. 11Tonlractor foils to do so, City may in its sole discretion and without prior notice, purchase b<.rnds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contmct. Ci Ly ·wi 11 not cxecule the Contract nor issue the NT!' until the requ lred bonds are submitted. l5. UTILITIES. TRENCHING AND EXCAVATION 15.l ConLrac.:lor must call the Underground Service A lerl ("USA") 81 I hotline and reque�t marklng of uttlity locations before dtgging or commencing Work. 1-'or Lmdcrground service alerts for street lighting and traffic signal condL1its, City's Service Center mu.st he called at (tU)8) 777-3269. Crovernment Code Section 4215 requires Contractor to notify City and Uti lily in writing i r it discovel's utilities or utllity facilities not identified in the Contract. t 5.2 Pursuant lo Government Code Section 7104, Contractor n1ust stop work, notify City in writing, and \\![·lit for instruc.tions if-' one or· the coml i tions below is found at the \Norksite. C: ity \Vil l ,vork with ConLraclor Lo amen<l Lhe Contract or issue a change order i r the discovered conditions materially change the \11/ork/Pcrformance, Contract Time or Contrnct Price. (a)t'vfalerial believed Lo be hazardous \vaste m11.ler Health and Safety CoJe Section 251 17, and which requlres removal to a Class I, Class 11, or Class lll disposal site pursuant to law; (b)Subsurface or latent physical contlitions al the Project worksite differing rrom those inc.licatecl by information about the worksitc made available to Contractor; and Public Works Project Locksmith Services - City Facilities P!lblic Works Contract $60,000 /Rev. Jan. 02, 2019 ['a�c 6 or I I (c)Unknown physical conditions at the 1-'roject worksite of any unusual nature, materially Jifferenl from Lhose ordinarily e11courilered and from those generally recognized as i11hercnL in Lhe character of the Work. 15.3 For conlrads $25.000 or higher Lhat require excavaLion or involve lrenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6 705 prior to commencing work. The plan must shmv the design or shoring, bracing, sloping and other provisions for worl er 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 civi I or structural engineer. 16.lJRllA.!� RUNOFF MANAGRMENT 16.J /\II \Vork must ll.11ly comply with federal, state and local la.vs and regulations concerning storm wuler management. Contractor musl avoid creating excess dust when hreaking asphalt or concrete and <luring 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 atl steps necessary to keep wash v,•aLer oul <if' the sl.reets, gullers and storm drains. Prior to the star! 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 he removed at the end of construction and c.ompleLion of the Work. Such conlmls must include, btlt will 110L he limited to, Lhe lhllo\.ving requiremems: (a) Install storm drain inlet pmleclion devices such as sa11d bag barriers, filter fabric fences. and block and gravel litters at all drain inlets impacted by constrnction. Dtiring the annual rainy season, October 15 through .lune 15, slorm drain inlets impacted by construction work must be filter-prolected from onsite de-watering activities and saw-cut.Ling activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b)Cover exposed piles of soi I or construction muterial 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 c..lrain� prior to rain and at the end ol"each \vork day. Vv'lu:n the \.Vork is completed, wash lh<:: streets, coltect and dispose of the wash \.Vatcr otlsitc in lawful manner: (cl)After breaking old pavement, remove debris to avoid contact with rninfall/runoff; (e)Muintain a clean Vl'ork area by removing trash, liller, and debri� at the end or each work day and when Work is completed. Cb111 up any leaks, drips, and other spills as they occm. Hi.2 These requirements must be used in conjunction with tho Calil"omia SLormwaler Quality /\ssociation and California Rest Management Practices tvlunicipa.l. and Construction I la11dbooks, local program guidance 111alerials l"rorn municipalities, and any other applicubl1e docu1rn.rnts on �tormwater qua lily controls for construction. Contractor's failure to comply with this Section will result in Hie issuance of noncompliance notices, citations, Work st.op orders and regulatory tines. Public Works Project Locksmith Services -Citv FacilitiesPublic Works Contract $60,000 /Rev. Jan. 02, 2019 21.SIGNS/ADVER'HSEl\'U:NT No signs may be disptaycd on or about Uty's property. except signagc which is required by law or by the Contract, wit.houl City's prior wriLlen arprnval as Lo size, design and lol;alion. 22. THIRD PARTY BENEFlCIARlES There arc no intended third party beneficiaries of this Contract. 23.WAIVER Netther ac,ceptm1ce of Lhe \1./orlk nor payment Lhereo r· shall constilLtLe a waiver or· any contract provision. City waiver of any bread, shall not constitute waivcl' of another provision or breach. 26.WARRANTY Co11Lractor warrants that materials and equipment L1scd will be new, or good qL1ality, and free from defective workmanship and nrntcrials, and that the Work will be free from material defects not intrinsic in tl1e design or malerials. A 11 \:V ork, materials an<l equipment shoul<l pass lo City free of cln i ms, liens or encumhrances. Contrnctor warrants the Work and materials !t)rone year !'mm the elate oi'City\, acceptance of the \.Vork as complete (''\l,/arranLy Period"), except Y11 he11 u longer guarantee is provided by a supplier, m,muCacLurer or is required by this Contract. Dming the \Varranty Period, Conlructor wtll repair or replace any Work de fects or matedals, including damage that arises from Contractor's Warranty Work, excepl any \Vear an<l Lear or damage resulting from improper use Ol' maintenance. 27.E.NTUlli CONTRACT This Contract c1nd the attachments, docLJmenb, and statutes attached, reforcnccd, or expressly i11corpornted herein, indud[ng authorized amendments or change ordern c<.inst.itute the final and complete contract bct\vccn City and Contractor with t'espect to the 'Nork and the Project No oral contractor implied covenant ,viii be enf<.1t'ceuble against City. [fany ,ittachmcm or incorporated provisions confliel or are inconsistent wtth the terms of this Contract, Lhe Co11Lr<1ct Lem1s \Ylll contrnl. 28.SRVF.RABILITV/PARTlAL INVAUDJTY lf a court finds any term or provision of this Contract to be illegal, invalid or t1ncnforccable, the legal porLion or said provision and nl I other contract provisions \Vi ll ,�main in fu 11 ic>rce and effect. 28.SURVlVAL The contract provision� v ... ·hk:.h hy tht!ir nature should survive the Contract or Completion of Project, inc I Lid ing with out I rm itation all warranties. indem11 iLie\ payment ohl igations, insurance and bonds, shall t'Cmain in foll force and effect after tbe Work is completed or Contract ends. Public Works Project Locksmith Services -City Facilities Public Works Contract $60,000 /Rev. Jan. 02. 2019 29.INSERTED PROVISIONS F.ach provision and clause required by law Lo be inserLed in this Conlrm:L will he deeme<l Lo be included and will be inferred herein. �ithcr party may request an amendment to cure mistaken i.nscrtions or omissions of required provision!>. 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 nr for any olher pu1vose. 31.COUNTERPARTS This Contract may be cxecL1ted in coLmterparts, each of which is an original and all ohvhich taken together shall form one single dm:umenl. 20.NOHCES ,1\ll notices, requests. and apprnvals must be sent in writing to the persons below and \VLII be con!:>idered effective on tbe date of personal delivery, Lhe dale confirmed by a reputable overnight delivery service, on the flfth calendar day after deposit in the United States l\fail, postage prepaid, registered or certi f1ed, or the nexl husi 11ess day fol lowing elec.;tron ic,:. submission: To City of' Cupertino: I 0300 Torre A venue, Cupertino CA 95014 Attention: Ke11 Trni,m, -··· ·------------------,To Contractor: h1,ler Brus. Security Sy�km� Inc, Attention: Tom Sti.vcr -----------------------Copy to: i,)lrl Valdez f::mail: kent(d)cupcrtino.oP 30.VALlOITV OF CONTRACT Copy co: Emad: I ocksfr"ilfosterbrothe rs .com This Contract is 'lalid and enforc.eable only if (a) it complies with the purchasing and contrncl provisions of Cuperlino Municipal Code Chapters J.22 and 3.23, (b) is signed by the City Manager or an authorized dcsigncc, and (c) is approved for form by the City Attorney's Office. 32.EXECUTION The persons signing belmv warrallt they have Lhe aulhority to enter into this Contract and to legally bind lheir respective Parties. If Contractor isa corporation, signalures lhim Lwo officers of the corporalion arc required plffsuant to California Corporations Code Section 313. Public Works Project Locksmith Services -City Facjlities PvMc Wori<s Contract $60,000 /Rev. Jan 02. 2019 Page In of 11 lN \VlTNESS \VH�REOF, the parties have caused this Comracl to be cxc<.:ULGd as ofthc ExecL1Lio11 Date first above written �.TRACTOR Foster Bros. Sec.t1rit'r ' J���:L;ms [nc ; C Cll"l)tlraLinn I ·-r-4!Ry: / ...__ 1 Ti Lie: 01,.vr,cr I I 1 Signalure Dale: APPROVED AS TO FORM: By: HEATHER M. TvtrNNER Cupertino City Attorney ATTEST: CITY OF CUPERTINO, • Municipal C�:ration / ') �- By• � �--<'.'-,-44-fu� (<.D9·€.J2... Le-e,, ACf1().Cj Title: D�ector of Public Works Signature Dale: __________ _ Uy: ���·�· �·�-��u���11�9 GRACE SCHMIDT, City Clerk PublfcWorks Project Locksrnlth Services -City Facillties Pt1blic Works Contract $80. 000 /Rev. Jan. 02, 2019 l'a)!C 11 (lt l l Foster Bros Security Systems Inc. Locksmith Services -City Facilities Proposal Amount $ 60,000.00 Description Repair allowance for unforeseen locksmith services Account# unencumbered Proposal Amount Description Account# Proposal Amount Description Account# Unforeseeables/Extras SUBTOTAL Contingency CONTRACT TOTAL PW Supervisor � $ 60,000.00 $ 60,000.00 Ken Tanase 4-�tl/7 Date EXH I BIT 1 1 A11 : ( I', l 1 ,, HI{( I'-, ',I_(_'\ R: I 't "� "'i I\:\ I\;( ::,li N 1'1,H"I : 1, I ,: , ... ,·: ::ul ,:·. l'rt1,;k i:·1, 111,h1 1\.C\ ( ( \,:I� · .. :1.'.!rd ... in;H;,:·ii1 l·f1i.,n�� .. I l.1 L.! ._:.·,1nhin.t:.!,11l '-��:H\��\',, .... S ( 1(1 I ,ii 1'<."1 ji, ,1:1 :-:.55.t)li l'cr 1:,1li":il11;r S.�7 __ -ll l'l'� .. ;1�. h1··��r ,i\.: .. 'ilt,(1/'I ;•,u '·: lH>t1:· 'i: �o.r1i: 11cr i::,/ll' ';"1 > 1 �n 1'1.::· 1�:d f !11 ,u1 :�3f).ll(l 11c:· ,:rr ht":�ir \<Jj) l)il p,::· . !1<111:· ..... �,Ill.I JI>--!-:�\ ........ �.! _s.,011 Si 'l.tlli p!11·, 'il i\ir!·-: \�·\ :)P ·� '. i 11 _ 1 JI l i J. '.Ji' (¥A t1'i �\ Contractor shall procure and maintain for Lile duration of Lhc contrac1. <111d./(1rfii•e ycicjr.1·jh!lowi11f:: tht: cu111pletio11 of Ifie rrciif!CI. i nsurnncc 11ga inst c.lairus for injuries tL persons m damages 10 property which may arise l·i·om nr in rnnncction with the l}erfornmn ·e uf the work hereunder hy Contractor, its agent'>, rer>resentatives, cmplo)'Ces l>r subcontrncton;, :VlDNIMlJM. SCOPF. AND LIMIT OF nNSURANCE (.\)VCrnge �;hal I he nt least us brnau a.s: 2. v3. 1t \ Commercial Geneml Liability (CUL): lnsurnncc Srcrvices O('fice (TSO) Form CG 00 0 I covering CGL on an "occurrence" basis. i,11ri1fen <J11 a comprehensive general fiability form, and must include covera1;e fo1· /i(lbility ari.1·i11g .fiwn ( 'ofllroetor ·s or S11bl·ontractor 's oct.,· nr m1ri,\·sio11s. i11c/11di11?, Comractor ·.1· protei.:ted ,:overage, blanket conLrm·mal, products and complct.cd opcrat.ions, vehicle covaagl! r.md employer's 1w11-ownership !ia/1ility 1.:rm.'1'(1ge. with limits of' ut least $2,000,()00 per oc<:11n·cm·e. The CGL pofi<:v 11111st p1·01 •c1 agairisl any and all 'iuliility/nr perso1ud i,y·wy, dmth. property damage or destruct.ion. and personal and advertising injury . I I' a general aggn.:galc limit applies. either the gcncral aggregate limit �hall apply separately to this project/loc.ation (1SO CG 15 OJ or :?.5 04) or the general aggregate limit shall be twice Lh1o rt:quin;J O(;currcm.:i.: limil. a.It shnl l be a r(;'quiremcnl under chis agreement that any available insurnnce proceeds broader than or in 1;:x1.:ess o I' !he speci lied minimum insurnncc covtrngt.: requirements unrJ/or lim i{1, silal I be madt.: available to the Add ilium, I I nsul'ed and .shnll be ( 1) the min imtJm ·ovcrngc/lim il.s .spcci fi.cd in Lh is agrccmt:nl; or (2) the broader coverage anti mnx immn I i111 its of covern.ge of nny insurance policy, whichever is gre,tler. b.AduiLional Insured cov�rngc under Contractor's rolicy shall be "primary and non-conu·ibutory." will not seek conlrib11Lion from City's insurancc/sdf-insurancc, and shall be at least as broad as ISO CG 20 OJ 04 13 c. Thi.:: limits of insurance requir.:d m<1y bc salislicd by a r_:ombinatio11 of primary and umbrella m e.'<.'.ccss i11sur·a11ce. provided c,ich 1mlicy complies with the requirements set forth in U1is Contract. A11y umbrella or exce.�:i; insurnncc shall contain or be endorsed to contain a prnvision that such coverage shall also apply on n prinwry and 1101H.:ontribulory b�isis for the bcocfi I of' C'ily b�fon.; lhc City':i (lWrt in�uram.:e or self-insurance sha 11 bc calfecl ur>o11 to protect City as .i named insured. Au.tomobilc Ui,bili&y: lSO FornL CA 00 0 I covering any auto (Code I), or i ['Contractor has nn own eel m.1lus. then hired autos (Code 8) and 1lon-ow11ed autos (CoJe 9). with limit no less than $1,00fl,000 l'.fCI' accident for hoddy i11,iut)' and properly damage. \.Vorker:;' Compc11sation: As requir�J by lhe Stale oF California., ·with Statutory Limits, and Employer's Li<1bil ify I 11surance of 110 less than $1,000,000 per acctdent for bodily in_jmy or dise.a.se., or as otherwise required by statute. If Contractor is sci f-insl1n.:d, Cunirnctor musL provide a Certificate of Pcrmission to Scl f-l11s�ll'e. dulv autl1orizctl bv the DIR.·o Nit\ ifl;ox chct.:kt:,d ((\)ll{r£tClor /.J/'ovides written 1•erijicarion ;1 has no C.r/lf!loyees). Pro[�ional Liability with I tmiLs no less than$ l,000,000 pcl' occuncncc or claim. a11d $2,000.000 aggregate. J2Sl N/i\ if hox checked (Contmct is 1w1 des;gnlbuild). Ruildcr'� Risk. Coursc 01· Cun :;lrL1c1ion i,,surance uti I i7,iog an ''A II Risk" {Special Perils) cuv;;:rnge form. with li111 ils rcyual tn the com plel� I value: nf' the prnjcd aml no winsurancc pt:nalty provi�ions. J&r 1\J/A if'hox checked (Proiec/ does not inl'o!ve cunstmction 01· imp1·ow::111enls/i11staltmions 10 properly). /r1S111·a11ct' /� ,,111in•111en11ji1r Co11.1·1ruc1i,m < '0111/'<icts -$6(), ()/){)Version .. /,111 .711 /I) 6.Contractors' Pol lution Legal Liabil ity and/or Ashcstos Lega l L i a bi l i ty and/or Errors and Om i ss i on s with I im its 110 l �h.-111 $1,000,000 per Ol:curr,mc l: ot· daim, and $2,000,000 policy aggregate. � N/A ii' box checked rProjet'I does 1101 in volve e11vimmneuwf ho:zanb·). [fContrnctor ma intains broudc1· coverage Ernd/or higher limits 1'1,111 the mini1 1t11ns shown abovr:, City re quires ,ind shall be entitled 10 thi: broader coverage and/nr higher l i mits ma inta ined by the ·ontrnctor. Any avaihib le ins urn nee proceed.� in excess of the spe cifieJ minimum limits or insu rance and coverage shall he available to the City. Se {J:Jmu,n•d Relenlio11s. Sc l f-in�u rc d retentions must be dec lared to arnl appnJ Vt!d by City. Al City 's opt iun, u i l he r : ( l) Contructor s.ll.d l cause th� ins�irl!r lo reduce or �liminute se lf�insured retentions as t"especls City, its officers, nfllcials. employees, nnd \!olunteers; or (2) Co ntmctor shall provide a f·inanc ial guarantee satisfactory to City g11arnntcc ing payment of losses and related inves1:ig11tiot1s. claim adm i ni�I rat ion, imd J1:fonsc expenses. Tl i1.: pulii.;y langurtge sh all prov ide, or be endorsed t·o provide, thal the sc lr-insl1rnd retent ion may be sati sfied by either tl1e named insmcd nr the City. OTH ER INSURANCE l'RO VlSlONS Tile insurance tJCd icies ure to conrn in, or be endorsed to conlain, Ilic fo llow ing provisions: A1ftlitio m1/ ln.rnred Statu.�· The City of Cuperl ino, its City Cou uc il, offi cers, ofticials, employees, agent.-;, servants and vo lunteers urn lo be covered /a!\ add itional insureds on the CG L pot icy with ruspecl Lu liabi lity arising out of the Services performed by or on beha lf \ of Con tractm inc luding materia ls, parts, or equi pment furn i shed. r.ndol'scmcnc of CG L cuverage sh.all be al least as brnwJ us ISO 1-:nrn1 CO 20 IO l I 85 or if not available, thrn ugh tl ll! add ition or both CG 20 I 0, CG 20 26, l'v 20 33, or CU 20 38: an<l CG 20 37 ifa 111:tc-r ed ition is used . Primw:,1 Coventge l:or any claims re lated to this Proj ccl Contrac tor's insuranc1; 1:.overnge shall be "primary 2uid non-coah·ibu tory" and at least as bruad as ISO CG 20 0 I 04 13 with resp-cc.I lo City, its offi cers, officials, employees and volunteers, and sh all not seek cont1·ibu tion from City's insurancc. Ir (he limits of insurance me sati sfied in parl hy Umbrella/E ,ccss lnsura nee. the Umbrelln/Excess Tnsurance shall conta in or be endorscu lo c.on t.ain a provision Lhnt .�uch coverage s h a l l also 11pply on a ''pl'irnary and 11 011-contrihutnry" ba.�is tor 1hc bene fit of C i ty . Notice �{Cwrce!Jlltim, Each insurance pol icy ret1uired shall provide tlrnt cove rage �hal l not be cunc:e led , except with notice to tl-te City. Eac:lt ccrt iflc:alt: of insu rance musl state thaL lhe coverage aITu nlell by the pol icy is in force and wit! not be reduced, c mH.::e lled or nl lowed to expire w ithoul al least 30 days advanct: written notice to City, unless due to non-payment of prem iums, in wh ich case ten days adva1 1ce written notice must be provided to City. S u ch notice must be sent to City via ce1tified mn ii and addressed Lo the attcnl ion of the City Manager. Builder '.I Risk Co ntractor may subm il Hui ldcr's Risk insurance i n lhi.: fonn of Course of Construction coverage, ,v hich sha l l name tbc City ns n loss p nyce. a,1; its intere st may appear. The Bui lder's Risk pol icy must be issued on an occurrcricc basis., [br a ll-r i s k cnverage on a l 00% com11 leted value bas is 011 the insurable l}ortion of the Proj ect, with no coi n.mrancL! penalties, aml fu r lhc bcrn;lit ufCily. !rthc Project docs nul involve new or nulj1 or reco ns1rnc.t ion, City may elect, acting in i1s so le discret ion, Lo accept an Insta llation Floater pol icy instead of B uild e r 's Risk. b'or such projec ts.. the Property ln�Lal laliun Flu,\( r shall incl ude improvement remode l. modification, alteration, conversion or adjusbnent tn ex isting buildings, slruclurc.:s. processes. rmrch incry and equ ipment. and shall provide properly damage coverage for uny lrn ilding, structure, machinery or equipmenl dam aged, impa ired. brnlcc ,1, or destroyed during the performance of the Work. incl uding during tra n s it, insta llation, and testing at the City's sile. Jimrn111ce U,!<Jillr<!!tll'nlsjiJr ('mr.,·1ructio11 Cu11tract.1· · $60.000 V<!l's iorr: Jan. 1/J I 9 Waiver ofSt4hrog11tio11 Each l'equircd pulicy must inc!L1(!c an endorsement pmvtding thaL the carrier ugn:1.:s tl1 waiw any right of subroga1ion ) 111oy have nga inst Ci Ly. Contrnclm ugrccs !n waive rights of subrogation which any insurer of C'onlrncto mny acquire, from Contractor by virtue of tile payment of any loss. Contractor agrees to obtnin any endorscmcnl tlml may be necessary to affect this waiver nf suhmgation. The \Vorkers' Compensation policy shall oc endorsed with a waiver of suhmgation rn fo vor of the Ci Ly ror all work perlcxmcd by the Conln1ctor. its cmployces, agents 1mcl sL1bco11t101.:lms. Acceptahil/ty of I,r.rnren, Insurance must be issued by insurer� 1u;ccptablc lo Ci1y and !iccnsccl to do business en the State of California, und each insu1·er must have an A.M. Best's financinl strcngLh 1·111ing of·'/\'' or better an<l a financial size rating of"Vli" or better. Ve1·�/lc:ntia11 r�f Cm,emge Contrnctor shall rurnish 1!1e City wilh uriginal c,.;rtifo.:atcs 11nr.l amcndalory cmlon;em1.Jnls, ur i.:opies of the applict1llle insunmcc language. effecting coverage required by this contmct All certificates and endorsements are lo be received and approved by 1he City hdnre work commences. The City reserves the right LO require complete, certified copies o\' all required insuranr.:c plll k:ics. including endorsements, l"cquircd by Lhesc specifications, at any time. S ubcontmctor.�· Contractor slwll rc4utrc and verily that all suhconlractors maintai11 insL1rnni.:e meeting all lhe requirements stated herein. and Co11lrnctor shall ensure thul City is itn acl<.litional insure<l on insurnnce required from sub-:ontrnctors. For CGL coverage subcontractors shal I provide coverage with a form at least as broad as CG 2() J8 Oil 13. S1m:�y Rom/.� As required by Contract and Lh::scribcJ in the ContracL Documents. The Payment and Performance Gonds sl1c1il be in a sum c:4ual to the Contract Price. If tbe Performance Bond provides hJr none.yea!' warnmty a s�parnle Maintenance 8ond is not necessary. lfthe warranty period specified in the Co1Hract is for longer tlurn one year a Maintenance Bond equal to t 0% uf Lhc Contract Pricc is rcqui red. Bonds shalt be duly executed by r1 responsihle corporate surety, a1itho1·ized t0 issue such bonds in the State of California and secured through an authorized age1l1 with an office in California. Speci{l/ /li.,;,k<, or Circumst,mces City 1·eserves the right lo mo<lif'y these r1.J4L1crc1mmb, ba.sr.:d on tJ1e nature of the risk, prcon�xpcriencc. insurer, coverage, or olhor i.:ircumstsnces. Insurance Ue11uin.·11wn1.1·Jiw ( ·,111stmdiw1 ( 'ontracts -$M), (){}// 1 :ersion · .hm. 20 I 9 J � F OST E-2 OPln·nl= ACORD. CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYVJ ...___.. 02/26/2019 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 BET WEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSU RED,. the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUB ROGATION 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 rlahts to the certificate holder in lieu of such endorsement(sl. PRODUCER 650-592-7333 61?1m•,CT Eric Hoffner Professional Ins. Assoc., Inc. 1100 Industrial Road #3 rt8,Nr,To Exll: 650-592-7333 I fffc Nol: 650-594-4936 San Carlos, CA 94070 �� .. �k.,.,. aullr1 _bryan@p1amc.com Chuck H Elvert INSURERISI AFFORDING COVERAGE / NAIC# INSURER A: Travelers Proii>ertv Casualtvof V l\ ,J-·1 ';(.V 25674 INSUREO INSURER a: Travelers Casualty Ins., Co. 1.../" �'f..V 19046 Fosler Br�thers Security INSURER C: �iH §'�\B�· Ave Sunnyv�e, �A 94066 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 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 EXCLUSIOl'JS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1�1:A B A A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY -=:J CLAIMS-�ADE [Kl QC.CUR - - - �'L AGGREGATE LIMIT APPLIES PER: POLICY [Kl �rc?r D LOC OTHER: �TOMOBILE LIABILITY X ANY AUTO � OWNED -SCHEDULED -AUTOS ONLY -AUTOS ,--�lfrEJls ONL y -�8�aiirm.� X UMBRELLA UAB -EXCESS LII\B fl OCCURCLAIMS-MADE DED I X I RETENTION$None WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 00 PrX��';;Fo�1��R)' EXCLUDED? II yes, describe under DESCRIPTION OF OPERATIONS below �.O..?} i�.Y.�t X x- X X N/A POLICY NUMBER ,.'�OLICY EFF .f.PLICY EXP LIMITS "'EACH OCCURRENCE $ ..DAMAGE TO RENTED 68.008'1'.8N7851942 01/01/2019 01/01/2020 Di:Jt:fu11�t::(: (Ea. .... ,.rf 1rrencA\ $ MED EXP IAnv ona cerson) $ ·PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS -COMP/OP AGG $ Deductibl $ ./r��MBINED SINGLE LIMIT :::icciden1' ,t BA678H378419SEL 01/01/2019 01/01/2020 BODILY INJURY 1Peroer>ion1 $ BODILY INJURY !Per acoidenl) $ Frf.OPERTY NAMAGEer accident $ ,, -Deductible $ EACH OCCURRENCE $ CUP7C1435261942 01/01/2019 01/01/2020 AGGREGATE $ I XI �f�TUTE I I RJH-UB8J7552881942G 01/01/2019 01/01/2020 E.L. EACH ACCIDENT $ E.L DISEASE -EA EMPLOYEE $ E.L-DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES [ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The City of Cupertino, its Council, boards and commissions, officers, employees and volunteers are additional insured on primal and non-contributory basis per attached endorsement. Waiver of Su rogation applies per attachecl. CERTIFICATE HOLDER CANCELLATION CUPERT2 1,000,000 300,000 5,000 1,000,000 2,000,000 2,000,000 None 1,000,000 None 4,000,000 4,000,000 1,000,000 1,000;000 1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Cupertino THE EXPIRATION DATE THEREOF, .NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10555 Mary Ave Cupertino, CA 95014 AUTHORIZED RE:PRESENTATJVE -�I ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I! ' v I I / \.....--" / POLICY NI MBER: 680-0878N785-19-2 COMMERCIAL GENERAL LIABILITY THIS NOOR MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b.The "personal injury" or "advertising injury" for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (SecUon IV), · Paragraph 4. {Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1.The following is added to Paragraph a. Primary contract or agreement by you. Insurance:2.The first Subparagraph (2) of Paragraph b. Ex.- However, if you �pacifically agree in a written coli·cess Insurance regarding any. other primary in- tract or written agreement that the insurance pro-surance available to you is deleted.·· vlded to an additional Insured under this 3.The following Is added to Paragraph b. ExcessCoverage Part must apply on a primary basis, or Insurance, as an additional subparagraph undera primary and non-contributory basis, this Insur�Subparagraph (1): · .ance is primary to other insurance that ls avail-That is available to the insured when the inst1redable to such addltlonal Insured which covers such Is added as an additional insured under any otheradditional Insured as a named insured, and we policy, Including any umbrella or excess potrcy.will not share with that other Insurance, provided that: a. The "bodily injuryll or "property damage" forwhich coverage is sought occurs; and CG DO 37 04 85 Copyright 2005 The St. Paul Travelers Companies,. Inc. All rJghts reserved. Page 1 of 1 I I i I I i ' I .I I POLICY NUMBER: 680-0878N785-19-42 COMMERCIAL GENERAL LJABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. The folloWing fisting is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO­VfSEONS of this endorsement carefully to· determine right$, duties, and what is and is not covered. A.Broadened Named Insured B.Damage To Premises. Rented To You Extension •Perils of fire. explosion, llghtnlng, smoke, water •Limit increased to $300,000 C.Blanket Waiver of Subrogation D.Blanket Additional Insured-Managers or Lessors of Premisese.Blanket Additional Insured -Lessor ofleased Equipment F.Incidental Medical Malpractice G.Personal Injury -Assumed by Contract H.Extension of Coverage -Bodily Injury PROVISIONS A.BROADENED NAMED JNSUREO 1.The Named 1nsured in Item 1. of the Declara­tions is as follows: The person or organization named in Item 1.of the Declarations and any organization,other than a partnership or joint venture, over which you maintain ownershi p or majority in­ terest on the effective date of the policy. However, coverage for any such organization will cease as of the date during tha polfcy pe·riod that you no longer maintain ownership of, or majority interest in, such organization. 2.WHO IS AN INSURED (Section H) Item 4.a.is deleted and repiaced by the following: a.Coverag(:I under this provision is afforded only until the 180th day after you acquireor form the organization or the end of the policy period, whichever is earlier, unlessreported in writing to us within 180 days. 3.This Provision A. does not apply to any per­ son or organization for which coverage is ex­cluded by endorsement. I.Injury to Co-Employees and Co-VolunteerWorkers J.Aircraft Chartered with Crew K.Non�Owned Watercraft -Increased from 25 feat to 50 feet L. Increased Supplementary Payments •Cost for batl bonds Increased to $2,500 • Loss of earnings increased to $500 per day M.Knowledge and Notice of Occurrenceor Offense N.Unintentional Omissiono.Reasonable Force -Bodily Injury orProperty Damage B. · DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1.The last paragraph of COVERAGE A. BOD­ILY iNJURY ANO PROPERTY DAMAGE LI·ABILITY (Section l - Coverages) Is deletedand replaced by the following: Exclusions G, through n. do not apply to dam­age to premises while rented to you, or tem­ porarily occupied by you with permission of the owner, caused by: a.Fire; b. Explosion; c.Lightning; d.Smoke resulting from such fire, explosion,or lightning; or e.Water. A separate limit of insurance applles to this coverage as described in LIMITS OF INSUR­ ANCE (Section Ill). 2.This Insurance does not apply to damage topremises while rented to you, or temporarily CG 018611. 03 Copyright The Travelers lndemnity Company, 2003 Paga 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the owner, caused by: a.Rupture, bursting, c>r operation of pres­sure rellef devices; b.Rupture or bursting du� to expansion orswelling of the contents of any building orstructure, caused by or resulting from wa­ter: c.Explosion of steam boilers. steam pipes,steam engines, or steam turbines. 3.Part 6. of LIMITS OF INSURANCE (SectionIll) Is deleted and replaced by the following: Subject to 5. above, the Damage To Prem�ises Rented To You Limit is the most we willpay under COVERAGE A. for damages be­cause of "property damage" to any one prem­ ises while rented to you, or temporarily occu�pied by you with permission of the owner,caused by fire, exploslon, lightning,. smokeresulting from such fire, explosion, or light­ning, or water. The Damage To PremisesR(:llnted To You Limit will apply to all damageproximately caused by the same 11occur�re nee", whether such damage results from fire, explosion, lightning, smoke resulting fromsuch fire, explosion, or lightning, or water, orany combinatio n of any of these. The Damage To Premises Rented To YouLimit will be the higher of: a.$300,000; or b.The amount shown on the Declarationsfor Damage To Premises Rented To YouLimit. 4.Under DEFINfflONS (Section V}, Paragrapha, of the definition of "insured contract" isamended so that It does not include that porMtlon of the contract for a lease of premises that indemnifies any person or organizationfor damage to premises while rented to you.or temporarily occupied by you with permis­sion of the owner, caused by: a.Fire; b.Explosion; c.Lightning; d.Smoke resulting from such fire, explosion, or lightning; or e.Water. 5.This Provision B. does not apply if coveragefor Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1- Coverages) is excluded by endorsement C.BLANKET WAlVER OFSUBROGATION We waive any right of recovery we may haveagainst any person or organization because ofpayments we make for injury or damage arisingout of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contractwith that person or organization; 11your work"; or"your products". We waive this right where youhave agreed to do so as part of a written contract executed by you prior to loss. D.BLANKET ADDITIONAL INSURED -MANAG· ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended toInclude as an insured any person or organization(referred to below as "additional Insured") with whom you have agreed In a written contract, exe�cuted prior to loss, to name as an additional in­sured, but only with respect to liability artsing outof the ownership, maintenance or use of that partof any premises leased to you, subject to the fol� lowing provisions: 1.Limits of Insurance. The limits of insuranceafforded to the additional insured shaiJ be thelimits which you agreed to provide, or the lim­its shown on the Declarations, whichever is less. 2.The Insurance afforded to the additiona l In­sured does not apply to: . a. Any "occurrence" that takes place afteryou cease to be a tenant in that premises; b.Any premises for which coverage is ex�eluded by endorsement; or . . c.Stru�tural alterations, new construction ordemolition operations performed by or onbehalf of such additional Insured. 3.The Insurance afforded to the additional In­ sured is• excess over any valid anct collecti.bleinsurance available to such additional in�sured, unless you have agreed in. a writtencontract for this insurance to apply on a pri­ mary or contributory basis. E.BLANKET ADDITIONAL INSURED -LESSOROF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to Include as an insured any person or organization(referred to below as "additional insured") with Page 2of5 Copyright, TheTravelers Indemnity C<impany, 2003 CG 01 8611 03. I I .1 i whom you have agreed In a written contract, exe­cuted prior to loss, to name as an additional In­ sured, but only with respect to their Liability arising out of the main tenance, operation or use by you of equipment leased to you by such additional In� sured, subject to the following provisions: 1.Limits of Insurance. The llmits of insuranceafforded.to tlie additional insured·shall be thelimits which you agraad. to provide, or the lim­its shown .on the Declarations. whichever ls less, 2.The Insurance afforded to the additional in­sured does not apply to: a. Any ''occurrence11 that takes place afterthe equipment lease expires; or p."Bodily injury" or ,.property damage" aris­ ing out of the sole negligence of such ad­. ditlonal insured. 3.The Insurance afforded to the additional in­sured is excess over any valid and collectible ··Insurance available .to such additional in­sured, unless you have agreed .in a written . contract for this insurance to apply on a pri­mary or contributory basfs. F.INCIDENTAL MEDICAL MALPRACTICE 1.The definition of "bodily injury" In DEFINI­TIONS (Section V) is amended to Include 01n­cidental Medica.l Malpractice Injury". 2.. The following definition Is added to DEFINI­ TIONS (Section V): "Incidental medical malpractice injury'' me ansbodily Injury, mental anguish, sickness or dts�ease sustained by a person, Including deathresulting from any of these at any time, ans�ing out of the rendering of, or failure to ren­der, the following services: a.Medical, surgical, dental, laboratory, x;.ray·or nursing service or treatment, advice orinstruction, or the related furnishing offood or beverages; ·b. The furnishi ng or dispensing of drugs ormedical, dental, or surgical supplies or appliances; or c. First aid. d."Good Samaritan services". As used Inthis Provision F ., "Good Samaritan serwvices" are those medical services renwdered or provided in an emergency and COMMERCIAL GENERAL LIABILITY for which no remuneration Is demanded or received. 3.Paragraph 2.a.(1)(d} of WHO IS AN IN�SURED (Section II) does not apply to any registered nurse, licensed practtcal nurse,emergency medical technician or paramedicemployed by you, but only while performingthe services described in paragraph 2. aboveand whHe acting within the scope of their em� ployment by you. Any 11&mployees" rendering"Good Samaritan services" will be deemed tobe acting within the scope of their employ-ment by you. 4.The following exclusion Is ad .ded to paragraph 2.Excluslons of COVERAGE A. - BODIL yINJURY AND PROPERTY DAMAGE LIABIL­ ITY (Section I-Coverages): ·(This insurance does not apply to:) Liability arising out of the willful viotation of a penalstatute or ordinance relating to the sale ofpharmaceuticals by or with the knowledge or consent of the insured. 5.For the purposes of determining the a.ppltca� bla limits of insurance, any act or omission,together with all related acts or omissions inthe furnishing of the se rvices described Inpat"agraph 2. above to any one person, wm be considered one "occurrence"'. 6.This Provision F. does not apply if you are inthe business or occupatlon of providing any ofthe services described in paragraph 2. above. 7.The insurance provided by this Provision F.shall be excess over any other valid and col-·lectible insurance available to the Insured,whether primary, excess, contingent or onany other basis, except for insurance pur­chased specifically by you to be excess of·this policy. G.PERSONAL INJURY -ASSUMED BY CON-.TRACT .1. The Contracfual Liability Exclusion rn Part2., Exc;:lusiens of COVERAGE B. PER­SONAL AND ADVERTISING INJURY LIABIL­ITY {Section I -Coverages) is deleted and replaced by the following: (This Insurance does not apply to:) Contractual Liablllty ''Advertising lnJufY" for which the insured has assumed liability in a· contract or agreement. Thi s exclusion does not apply to liability for CG 0186.11, 03 C.opyright, The Travelers Indemnity Company, 2003 Page 3 of 5 COMMEROJAL GENERAL LIABILITY damages that the insured would have in the absence of the contract of agreement. 2.Subparagraph f. of the definition of "insured contracti> (DEFINITIONS -Section V) is de­ leted and replaced by the foltowlng: f.That part of any other contract or agree- . ment pertaining to your business (includ­ ing an in demnification of a municlpallty In connection with work performed for a municipality) under which you assume thetort liability of another party to pay for "bodily Injury," "property damage" or "per­sonal injury" to a third party or organiza­ tion .. Tort liability means a liability that would be Imposed by law in the absence of any contract or agre ement. 3.This Provision G. does not apply If COVER� AGE B. PERSONAL AND ADVERTISING IN­JURY LIABILITY is excluded by endorse­ment. H.EXTENSION OF COVERAGE - BODILY IN� JURY The definition of Kbodily injury'' (DEFINITIONS - Section V) is deleted and replaced by the follow­ ing: "Bodily injury'1 means bodily injury, mental an­guish, mental injury, shock, fright, disability, hu­miliation, sickness or disease sustained by a per- . son, including death resulting from any of these at. anytime.· · I.. INJURY TO CO.EMPLOYEES AND CO-VOLUNTEER WORKERS 1. Your "employees" are Insureds With respectto "bodily Injury" to a co-.. employee" in the course of the co-11employee•s11 employment by you, or to your 1•voluntear workers" while per­ forming duties related to the conduct of your business, provtded that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or whfle performing duties unrelated to the conduct of your buslnass. 2.Your 11volunteer workers" are insureds with respect to "bodily Injury" to a co-0volunteerworker'' while performing duties related to the conduct of your business, or to your "employ� ees" in the course of the 11employee's11 em­ ployment by you, provided that this coverage fo r-your "volunteer workers" does not apply while performlng duties unreiated to the con­ duct of your business. 3.Subpatagraphs 2.a.(1)(a), (b) .and (c) and3.a. of WHO IS AN INSURED (Section 11) do not apply to "bodily injury" for which Insurance is provided by paragraph 1. or 2. above. J.AIRCRAFT CHARTERED WITH CREW 1.The following is added to the exceptions con­tained in the Aircraft, Auto Or Watercraft Exclusion in Part 2., Exclusions of COVER­ AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section 1-Coverages): {This exclusion does not apply to:) Aircraftchartered with crew to any insured. 2.This Provision J. does not apply If the cha,-.. · tared aircraft is owned by any Insured. 3.The Insurance provided by this Provision J. shall be excess over any other valid and col-. lectlble insurance available to the insured, whether primary, excess, contingent or on any other basis, except for Insurance pur� chased specifically by you to be excess of this policy. K.NON•OWNED WATERCRAFT 1.Th� excaptton cont�ined in Subpc1ragraph (2) of the Aircraft, Auto Or Watercraft Exclu� sion In Part 2., Exclusions of COVERAGE ABODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I -Coverages) ls deleted and replaced by the following� (2)A watercraft you do not own that Is: (a) Fifty feet long or less; and (b)Not being used to carry persons or property for a charge� . 2. This Provision K. applies to any person who, with your expre.ssed or implied consent, either uses or is responsible for the use of a water� craft. 3.The insurance provided by this Provision K. shall be excess over any other valid and col� lectible insurance available to the insured · whether primary, excess, ·conting�rit or o� any other basis, except for In surance pur­ chased specifically by you to be excess of this policy. _L. INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY­ MENTS -COVERAGES A AND B (Section I - Coverages) are amended as follows: 1.In Part b. the amount we will pay for the costof ball bonds Is 11,creased to $2500. Pag�4of 5 Copyright, The Travelers Indemnity Company, 2003 CG 01861103 2.In Part d. the amount we will pay for loss of earnings Is increased to $500 a day. M.KNOWLEDGE ANO NOTICE OF OCCUR­ RENCE OR OFFENSE 1.The following is added to COMMERCIALGENERAL LIABIUTY CONDITION$ (SectionIV), paragraph 2. (Duties In The Event of Oc­ currence, Offense, Claim or Sult): Notice of an 11occurrence" or of an offensewhich may result In a claim -under this Insur� ance shall be given as soon as practicable af­ ter knowledge of the 11occ:urrence11 or offense has been reported to any Insured listed underPara.graph 1. of Section n -Who Is An In­ sured or an ''�Hnployee" (such as an insur­ ance, loss control or risk manager or adminis­ trator) designated by you to give such notice. Knowledge by other "employee(s)" of an "oc­ currence" or of an offense does not imply that you also have such knowledge. 2.Notice shall ba deemed prompt if given in good faith as soon as practicable to your workers' compensation insurer. This appliesonly if you subsequently give notice to us assoon as practicable after any Insured fisted under Paragraph 1. of Section II -Who Is An Insured or an nemployeelf (such as an Insur­ ance, loss control or risk manager or adminis­ trator) designated by you to give such notice discovers that the "oocurrence11 , offense or claim may Involve this policy. 3.However, this Provision M. does not apply as respects the specific number of days within COMMERCIAL GENERAL LIABILITY which you are requlr-ed to notify us in writing of the abrupt commencement of a discharge, release or escape of ,.pollutants" which causes "bodily injury" or "property damage" which may otherwise be covered under this policy. N.UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN­ ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentiona lerror In, any information provided by you shall notprejudice your rights undar this insurance. How­ever, this Pr ovision N. does not affect our right tocollect addit/ona l premium or to exercise our rightof cancellation or nonrenewal In accordance withapplicable state Insurance laws, codes or regula-tions. · · O.REASONABLE FORCE -BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion inPart 2., Exclusions of COVERAGE A. BODIL y INJURY AND PROPERTY DAMAGE LlABILITY (Section I -Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Expected or Intended tnJury or Oatr1a9e "Bodily {njucy11• or "property dam�e" expected orintended from the standpoint of the Insured. Thisexclusion 'does not apply to "bodily tnjury1' or "property damage" resulting from the i:1se · of rea� sonable force to protect persons or property. CGD1861103 Copyright, The Travelers Indemnity Company, 2003 Page 5of 5 POLICY NUMBER: BA-578H3784-19-SEL COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage: for any Injury, damage- or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening.provisions do not apply to the extent that covMa.ge Is excluded or limited by such an endorsement. Tha following listing Is a general cover� age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en� dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A.BLANKET ADDI TIONAL INSURED B.EMPLOYEE HIRED AUTO C.EMPLOYEES AS IMSURED D. SUPPLEMENTARY PAYMENTS -INCREASEDLIMITS E.TRAILERS -INCREASED LOAD CAPACITY F.HIRED AUTO PHYSICAL DAMAGE G.PHYSICAL DAMAGE -TRANSPORTATIONEXPENSES-:-INCREASED LIMIT .A. BLANKET ADDITIONAL INSURED Th& following Is added to Paragraph A.1., · Who Is_ Anlnsured, of$ECTION II-COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is si gned and executed by you before the "bodily Injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addl� tional insured ts an "insured" for Covered Autos Llablllty Coverage, but only for damages to which this Insurance applies and only to the extent that person or or ganization qualifies as an 11insured11 under the Who Is An Insured provision contained in Section II. B.EMPLOYEE HIRED AUTO 1.The following Is added to Paragraph A..1., Who Is An Insured, of SECTION II -COV­ERED AUTOS LIAB1L1TY COVERAGE: An "employee" of yours Is an "insured" whileoperating a covered "auto" hired or rented und.er a contract or agreement In an "em­ployee's" name, with your permission, while H.AUDIO, VISUAL AND DATA ELECTRONICEQUIPMENT-INCREASED LIMIT I.WAIVER OF DEDUCTIBLE - GLASS J.PERSONAL PROPERTY K. AIRBAGS L.AUTO LOAN LEASE GAP M.BLANKET WAIVER OF SUBROGATION performrng duties related tQ the conduct of your business. 2. The following 'replaces Paragraph b. In B.5.,Other Insurance, of SECTION IV -eus1 ..NESS AUTO CONDITIONS: b.For Hired Auto Physical Damage Cover� age, the following are deemed to be cov­ ered "autos" you own: (1)Any covered "aulo0 you lease, hire, rentor borrow; and (2) Any covered "auto" hired or rented by. your "employee" under a contract inan "employee's" name, with your permission, while performing dutiesrelated to the conduct of your bus!�ness. However, any IJauto" that is leased, h-ired, rented or borrowed with a driver is not a covered '"auto". C.EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who lsAn Insured, of SECTION II -COVERED AUTOSLIABILITY COVERAGE: CAT420 0216 e2015 The Travelers lndemnlty Company. All rights res"&rved: Page 1 of 3 Includes copyrighted material of Insurance Servloes Office, Inc. wllh Its permission. COMMERCJAL AUTO Any "employee" of yours is an "insured" while us­ing a covered "auto" you don't own, hire or borrow In your business or your personal affairs. D.SUPPLeMENTARY PAYMENTS -INCREASEDLIMITS 1.The following replaces Paragraph A.2.a.(2} ofSECTION II -COVERED AUTOS LIABILITYCOVERAGE: (2.) Up to $3,0QO for cost of ball bonda. (In­cluding bonds for related traffic law viola- 11ons) required because of an "accident" we- cover. We do not have to furnlsh these, bonds. 2.The following replaces Paragraph A.2.a.(4) ofSECTION 11-COVERED AUTOS LIABILITYCOVERAGE: (4)All reasonable expenses incurred by the"Insured" at our request. lnch,1dlng actualloss of earnings up to $500 a day be­cause of time off from work. E.TRAILERS -INCREASED LOAD CAPACITY The 1ollowlng replaces Paragraph C.1. of SEC­TION i -COVERED AUTOS: 1."Trailers" with a load capaclty of 3,000pounds or less designed primarily· for trave lon public roads. F.HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph A.4., Cover­age Extensions, of SECTION Ill -PHYSICALDAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Aut os Liability Coverage but not covered "autos"for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned 11auto11 , than the Physical Damage Cover­ age ls extended to "autos" that you hire, rent orborrow subject to the following: (1) The most we wlll pay for "loss" to any one· "auto" that you hire, rent or bon-ow Is the lesser of: (a)$50,000; (b) The actual cash v:alue of the damaged .or stolen . property as of the time of the"loss"; or (c} The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2)An adjustment for depreciation and physicalcondition will be made in determining actual cash value in the event of a total "loss1', (3} If a repair or replac.ement results In better than like kind or quality, we will not pay for the amount of betterment. (4} A deductible equal to the highest Physlcal Damage deductible applicable to any owned covered "auto". (5)This Coverage Extension does not apply to: (a)Any "auto" that is hired, rented or borMrowed with a driver; or (b} Any "auto" that is hired, rented or bor­ rowed from your "employee". G.PHYSICAL DAMAGE -TRANSPORTATIONEXPENSES -INCREASED L1MIT The following replaces the first sentence In Para�graph A.4.a., Transportation Expenses, ofSECTION Ill -PHYSICAL DAMAGE COVER­ AGE: We will pay up to $50 per day to a maximum of $1,50 O for tempor ary transportati on expense in­curred by you because of the total theft of a cove ered "auto" of the private passenger type. H.AUDIO, VISUAL ANO OATA ELECTRONICEQUIPMENT-INCREASED LIMIT Paragraph C.1.b. of SECTION HI -PHYSICALDAMAGE COVERAGE is deleted. l.WAIVE'R OF D'EOU.CTIBLE -GLASS The:followlng ls added to Paragraph D,, Deducti ... ble, of SECTlON Ill -PHYSICAL DAMAGECOVERAGE: No deductible �r a cover�d "auto" will apply toglass damage 1f the glass 1s repaired rather thanreplaced. J.PERSONAL PROPERTY The following Is added to Paragraph A.4., Cover­age Extensions, of SECTION Ill -PHYSICALDAMAGE COVERAGE: Personal Property Coverage We wtn pay up to $400 for "loss" to wearing ap�pare! and other personal property which ls: (1} Owned by an "insured"; and (2)In or on your covered uauto". This coverage only applles In the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover� age. Page 2 of 3. ©201.5 The Travelers Indemnify Compahy. All rights resEirve:d. CAT4200215 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. K.AIRBAGS The following is added to Paragraph B.3., Exclu•slons, of SECTION llf -PHYSICAL DAMAGECOVERAGE: Exclusl.on 3.a. does not apply to "loss" to one or more airbags ln a covered "auto" you own ihat in­flate due to a cause other than a cause of t1toss11 set forth in Paragraphs A.1.b. and A. 1.c., but only: a.If that "auto" is a covered "auto" for Compre­ hensive Coverage under this policy; b.The airbags are not covered under any war"ranty; and c.The airbags were not Intentionally Inflated. We will pay up to a maximum of $1,000 for any one "loss". L.AUTO LOAN LEASE GAP The followlng is added to Paragraph A.4., CoverM age Extensions, of SECTION HI -PHYSICALDAMAGE COVERAGE: Auto Loan Lease Gap Coverage for PrivatePassenger Type Vehicles In the event of a total "loss" to a covered "auto" ofthe private passenger type shown in the Scheduleor Declarations for which Physical Damage Cov­erage is provided, we will pay any unpaid amountdue on the lease or loan for such covered "auto"less the following: (1)The amount paid under the Physical DamageCoverage Section of the policy for that "auto0 ; and. COMMERCIAL AUTO (2)Any: (a)Overdue lease or loan payments at the time of the "loss"; (b)Financial penalties imposed under a lea.se for excessive use, abnormal wear and tear or high mileage: (c)Security deposits not returned by the les­ sor; (d)Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease: and (e)Carry-over balances from previous loansor leases. M.BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of. Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI­TIONS: 5.Transfer Of Rights Of Recovery AgainstOthers To Us We waive-any right of recovery we may haveagainst any person or organization to the ex­ tent req ulred of you by a written contract exe­ cuted prior to any "accident" or "loss", pro� vlded that the "accident" or 11 loss" arises out ofthe operations contemplated by such con­ tract. The waiver applies only to the person ororganization designated in such contract. CAT4 20 0215 @ 2015 The navelers Indemnity Company. All rights r\'3serv0d. Paga 3 of 3 lnc[udes copyrighted material of Insurance Services Office, Inc. wHh Its permission. ONE TOWER SQUARE HARTFORD CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 { A) -OOl POLICY NUMBER! UB-8J7552a8-19-42-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFO'RNIA (BLANKET WAIVER) Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECU'l'ED PRIOR TO TO FURNISH THIS WA:l'.VER. Schedule Job Description LOCKSMITHS (The information below is required only .when this endorsement is issued subsequent to preparation of the policy.) DATE OF tSSUE! :1.1.w lo-l.8 ST ASSlGN: EXHJBIT "C" Performance 8Qnd Bond : 681599P Premium: $1,800.00 Premium is for Contract Term and is Subject to adjustment based on Final Contract Price The City of Cllpertino ("City") and Foster Brothers Security Systems, lnc"("Cor,tractor") have entered Into a contract. dated . 20 __ ("Contract") for worl< on the < Locksmith Services at Cj!y Facilities > Project {"Project"). The Contrnct is incorporated by referenC€ into this Performance Bond ("Bond"). 1.General. Under this Bond, Contractor as Principal and Developers Surety and Indemnity Company , il:s sLirety ("Surely"), are bound to cay as obligee for an amount not less than $ 60,000.00 By executing this Bond, Contractor and Surety blnd tl1emselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, to the provisions of this Bond. 2.Suret�'s Obligatlona; Waiver. If Contractor fully performs its obligations under !he Contract. including its warranty obligations under t11e Contract, Surety's obligations under this Bond Will b19come null and void upon t�corllation of the notice of completion, provided Contractor has timely provided a warr-anty bond as required under the Contract. Surety waives any requirement to be noHffed of and further consents to any alterations 10 the Contract made under the applicable provisions of tt1e Contract Documents, including changes to the scope of Work or extensions of time fnr p-erfonnanca of Work under the Contract. Surety watvas the provisions of Civil Code sections 2319 and 2845. 3.Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available lo Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid lo Contractor, and minus any liquidated damages, cr·edits, or backcharges to which City is entitled under the terms of the Contract. 4.Contractor Default. Upon written notification from City thst Contractor is in defmilt under Article 13 of the Contrnct General Conditlons, time being of the essence, Surety must act within the time specified in Article 13 to reniedy the default through one of the following cow'Ses of ac1ion: 4.1 Arrange for completion of the Work 1mder the Contract by Cohtractor, with City's consent bllt only if Contractor is in default solely due to its fiflancial inability lo complete the Work; 4.2 Arrange for completlofl of the Work under the Contract by a qualrfled contractor acceptable lo City. and sectJred by performance and payment bonds issued by an admitted surety as required by the Contract DoclHne11ts, at Surety's expense; or 4.3 Waive its rig11t to complete the Work und.ir the Contract and reimburse City the amOLmt of Cil!/S costs to llave the remaining Work. completed. 5.Sufety Default. If Surety defaLilts on its obligations under the Bond, City will be entitled to recover an costs it incLirs clue !a Surety's default, including legal, design professional, or delay costs. 6.Notice. Any notice to SLirety may be given in the manner specified in the Contract and delivered or transmitled to Surety as follows: Attn: Surety Service Address: 17771 Cowan Suite 100 City/State/Zi p: Irvine, CA 92614 Phone: 949-263-3300 Fa;(: 949-553-8143 Err1 ail: SuretyService@amtrustgroup.com Locksrnith Se1vices -City Facilities PERFORMANCE BOND Page 3 EXHIBIT "C" 7.Law and Venue. This Bond will be governed by California law, and any dispute pursuant to thisBond wlll be venued in the Superior Court for Santa c,a,a County in which the Project is located,and no other place. Surety will be responsible tor City's attorneys' fees and costs in any action toenforce the pmvisions of this Bond. 8.Effective Date; Execution. This Bond is entered into and effective on ____ M�ar_ch_11 __ _ 20� SURET(: Developers Surety and Indemnity Company Business Name sl 0� c;. �tp{,,_i., Stephen G. Roddie, Attorney-in-Fact Name/Title [print\ {Acknowledgment with Notary Ssal for Sursty and Surety's Power of Attorney must be attached.) CONTRACTOR: Foster Brothers Security Systems, Inc. , Busines� Na�L s/ /....__ �--- (O r, �/ I Uq1... j 7 Name/Title 2, C.{" I� Ch T sl __________________________ _ NamerTitle Locksmith Services -Cily Facilities ENO OF PERFORMANCE BOND PERFORMANCE BOND Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA }County of Contra Costa On March 11, 2019 before me, Debra C. D'Onofrio -----�----, Notary Public, 0 ate Insert Name of Notary exactly as it appears on the official seal personally appeared Stephen G. Roddie -�-------------,N;-;-a-m-e(""'s)-o.,...,f S"'"ig-ne-r.,...,(s),--------------- DEBRA C. D'ONOFRJO Notary Public -CaliforniaContra Costa County z Commission # 2156258 !My Comm. Expires Sep 30, 2020 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: ------------------------------- Document Date: -------------------Number of Pages: ________ _ Signer(s) Other Than Named Above: ---------------------------­ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _D Individual D Corporate Officer -Title( s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: -------------- 0 Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: -------- Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATIORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. do each hereby make, constitute and appoint: ***Stephen G. Roddie, Daniel Livsey, Julie L. Nickels, jointly or severally*** as their true and lawful Attorney(s)-in-F act, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October, 2018. �� By: -------------i'��-+-Daniel Young, Senior Vice-President By: __k_�--���=----- -Mark Lansdon, Vice-President A notary public or other officer completing this certificate verifies only the ident ity of the individual who signed the document to which this certificate is attached, and not the truthful ness, accuracy, or validity of that document. State of California County of Orange On _____ O_ct_ob_e_r 4�20_1_8 ____ before me, Date Lucille Raymond, Notary Public Here Insert Name and Title of the Officer personally appeared ------------------�D�an�ie=I_Yo�u,...n�g�a �nd�M�a=r_k =La=n �sd�o �n ___________________ _ Name(s) of Signer(s) i············f•' , ,... LUCILLE RAYMOND � ! ···e '� Notary Public · California : !� • -� = Orange County J � · " Commission I 2258185 - My Comm. Expires Oct 13, 2022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 11ti1 day 0f lvl3rch , 2019 . AT S-1002 (10/18) Bond: 681599P BXI-IIBIT ''C" Premium Included on Performance Bond Payment Bond Foster Brothers Security Systems, Inc The City of Cupertino ("City") and ("Contractor") have entered into a contract, dated , 20_ ("Contract") for work on the < Locksmith Services at City Facilities >Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1.General. Under this Bond, Contractor as principal and Developers Surety and Indemnity Compa�y its surety ("Surety"), are bound to City as oblige.e in an amount not [ess than$ 60,00.00 , Linder California. Civil Code sections 9550, et seq. 2.Surety's Obligation. If Contractor or any of its Subcontractors fails 10 pay any of the persons named in California Civil Code section 9100 a.mounts due under the Unemployn,ent lt1sura11ce Code with respect to work or labor performed under the Contract, or for any arnounts required to be dei::lucted. withheld, and paid over to theEmployment Development Department from the wc1ges of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for !he same. 3.BenefJciaries. This Bond inures to lhe benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon reql1est by any person with legal rights under lhiB Bond. 4.Dura.tion. If Contractor promptly makes payment of all sums for all labor, materials, and equipment flHnished for use in the performance of the Work. requir(;!d by the Contract, inconformance wit11 the time requirements sat forth in the Contract and as required by Californi::i law, Stm,ty's obligations under this Bond will be null and void. otherwise, Surety's obligauons will rnmain in full force an<l effect 5.Warvers. Surety waives any requirement to be notitied of alterations to the Contt·act or extensions of time for performance of the Work under the Contract. Surety walves the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code sectiori 9550. Any notice to Surety may be given in Ille manner specified in the Contract and delivered or transmilted to Surety as follows: Attn: Surety Service Address: 17771 Cowan Suite 1 00 City/State/Zip: lrv_in-'e,_C_A_9_2_6�14 ______________ _Phone: 949-263-3300 Fax: 949-553-8143 Email: SuretyService@amtrustgroue.com 6.Law and Venua. This Bond will be governed by California law, and any dispute pursuant to tl1is Bonet will be venued in tile Superior Court of Santa Clara County in which the Project is located, and no other place. Surety will be responsible for City's attorneys' fees t1nd costs in any action to enforce tl1e provisions of this Bond. Locl,smlth Services� City FaciliUes PAYMENT BOND Page 1 7.Effective Date; Execution. This Bond is entered into and is effective on March 11 20.1.g. SURETY: Developers Surety and Indemnity Company Bu;;iness Name Stephen G. Roddie, Attorney-in-Fact Nc1n)efTitle (Acl(nowieclgment with Surety's Notary Seal and Surety's Power of Attorney must be altaohed.) CONTRACTOR: Foster Brothers Security Systems, Inc. Business Name s/ -�-=-/:�..____· =-=> __ yl-""---;{:::._=_���--- /0:: �tile/'{ Name/Title 7 Name/Title Locksmith Services -City Facilities END OF PAYMENT BOND PAYMENT BOND Page 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA }County of Contra Costa On March 11, 2019 before me, Debra C. D'Onofrio -----0-at-e �----Insert Name of Notary exactly as it appears on the official seal , Notary Public, personally appeared _S_t_e_,_p_h _e _n _G_._R_o_d_d_i_e _________ ����--------------Name(s) of Signer(s) � " Notary Public -California � , . • , Contra Costa County � J ; ' Commission # 2166258 :: 4 "··� ., 4 "M' so�rlJ, tx�r :s zee �P}&2&( Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �itness my hand q�9-�al. ��- Signature =-_.:.._�--=:-:-:-c=----;::--,:-:,---.=.c:.:-lc-::-c� ·.,;"""=6L.-:,--"'"--'-""""e::..._Signature of Notary Public Debra C. D'O OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the documentand could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: --------------------------------- Document Date: --------------------Number of Pages: ________ _ Signer(s) Other Than Named Above: ___________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name:--------------0 Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATIORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Stephen G. Roddie, Daniel Livsey, Julie L. Nickels, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October, 2018. By:��l Daniel Young, Senior Vice-President By:��--��:t2-=_ Mark Lansdon, Vice-President A notary public or other officer complet ing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ----�O�c�to�be�r_4�2�0�1�8 ____ before me, _____________ L�u�ci....,lle�R-,a�y_m�o �nd�·-=N�ot�a�ry_P'C'.u'C'.bl�ic _____________ _ Date Here Insert Name and Title of the Officer personally appeared ___________________ D _an_ie_l _Y _ou_n-g_a _nd_M_ar _k _L_an_s_do_n ___________________ _ Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ---------�-+-,,-.=------------1---------Lucill' y ond, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.. This Certificate is executed in the City of Irvine, California, this 11th day of Mmch , 2019 . ATS-1002 (10/18) Tra»elers Casualty Insurance Company of America A.M. Best#: 004465 NAIC #: 19046 FEIN#: 060876835 Dom iciliary Address One To wer Square Hartford, CT 06183 United States Web: www.travelers.com Phone: 860-277-0111 Fax: 860-277-7002 Assigned to insurance companies that have, in our 1 opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058470 -The Travelers Companies, 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: Affiliation Code: A++ (Superior) g (Group) Financial Size Category: X'-f/. ($2.BiHion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed October 31, 2018 June 30, 1972 Long-Term Issuer Credit Rating View Definition Long-Term: Outlook: aa+ Stable Action: Affirmed Effective Date: October 31, 2018 Initial Rating Date: April 18, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Gregory Dickerson Director: Jennifer Marshall, CPCU, 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 Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Main Subsidiaries October 31, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1972. Financial Strength Rating Effective DateRating 10/31/2018 A++ 10/5/2017 A++ 7/22/2016 A++ 5/28/2015 A++ 5/23/2014 A++ I Long-Term Issuer Credit Rating Effective DateRating 10/31/2018 aa+ 10/5/2017 aa+ 7/22/2016 aa+ 5/28/2015 aa+ 5/23/2014 aa+ Best's Credit Reports �:I 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: 11 /26/2018 (represents the latest significant change). l,;J} Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases 1.-----------------------------------------------------� 1 Pate Title A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Main Subsidiaries A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Upgrades Ratings of The Travelers Companies, Inc. and Most of Its Subsidiaries Oct 31, 2018 Oct 05, 2017 Jul 22,2016 May 28, 2015 May 23, 2014 May 30, 2013 May 10, 2012 May 26, 2011 A.M. Best Revises Outlook to Positive for The Travelers Companies, Inc. and Most of Its Subsidiaries A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries : Jun 08, 2010 Jun 03, 2008 1 2 A.M Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Upgrades Issuer Credit Ratings of Travelers Group A.M. Best Affirms Ratings of Travelers Insurance Companies and Several of Its Subsidiaries Page size: 10 Find a Best's Credit Rating f E�t�� Compa�-Y Nam�-1 ___ - --Advanced Search I�J European Union Disclosures How to Get a Best's Credit Rating @ Best's Credit Ratings @o MobUeApp 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 Te rms 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. Trave�ers operty Casualty Company of America A.M. Best#: 004461 NAIC #: 25674 FEIN#: 362719165 Domiciliary Address One Tower Square Hartford, CT 06183 United States Web: www.travelers.com Phone: 860-277-0111 Fax: 860-277-7002 A++ Su2@riar Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058470 -The Travelers Companies, 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: Affiliation Code: A'I-+ Super-ior) g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed October 31, 2018 June 30, 1972 Long-Term Issuer Credit Rating View Definition Long-Term: Outlook: aa+ Stable Action: Affirmed Effective Date: October 31, 2018 Initial Rating Date: April 18, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Gregory Dickerson Director: Jennifer Marshall, CPCU, 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 Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Main Subsidiaries October 31, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1972. Financial Strength Rating Effective DateRating 10/31/2018 A++ 10/5/2017 A++ 7/22/2016 A++ 5/28/2015 A++ 5/23/2014 A++ Long-Term Issuer Credit Rating Effective DateRating 10/31/2018 aa+ 10/5/2017 aa+ 7/22/2016 aa+ 5/28/2015 aa+ 5/23/2014 aa+ Best's Credit Reports (1 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: 11 /26/2018 (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 -�------------�--------------------------------------------------1- 0ct 31, 2018 A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Main Subsidiaries Oct 05, 2017 Jul 22,2016 May 28, 2015 May 23, 2014 May 30, 2013 I May 10, 2012 I May 26, 2011 Jun 08, 2010 Jun 03, 2008 L_ 1 2 A.M. Best Affirms Credit Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Upgrades Ratings of The Travelers Companies, Inc. and Most of Its Subsidiaries A.M. Best Revises Outlook to Positive for The Travelers Companies, Inc. and Most of Its Subsidiaries A.M. Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M Best Affirms Ratings of The Travelers Companies, Inc. and Its Subsidiaries A.M. Best Upgrades Issuer Credit Ratings of Travelers Group A.M. Best Affirms Ratings of Travelers Insurance Companies and Several of Its Subsidiaries Page size: 10 20 items in 2 pages I Find a Best's Credit Rating [ Enter-� Co���ny N�me - __ GAdvanced Search European Union Disclosures How to Get a ,i;\ Best's Credit Rating 'eJ Best's Credit Ratings @o . Mobil'eApp A.M. Best -Europe Ratin,g 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 Te rms 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.