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19-063 Trip Stop Sidewalk Repair, Inc., Sidewalk Offset ShavingCITY OF fl PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1.PARTIES This public works contract ("Contract") is made and entered into on 1,1 / 1 f / 11 ("Effective Date") by and between the City of Cupe11ino, a municipal corporation ("City"), and Trip Stop Sidewalk Repair Inc. , a Corporation ("Contractor") for Sidewalk Offset Shaving 2.SCOPE OF WORK Contractor will perfonn and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the tenns and conditions of this Contract. 3.TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on August 30, 2019 ("Contract Time") unless tenninated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 250.00 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 Pa11ies agree may be difficult to asce11ain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disrnption to the public. 4.COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory perfo1mance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$ 24,500.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work perf01med during the preceding month, itemizing labor, materials, equipment and Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page I of 11 any incidental costs incmTed. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5.INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor wa1nnts on behalf of itself and its subcontractors that they have the qualifications and skills to perfo1m the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or ce1iified to perfo1m the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): C-61, D-6 , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the te1ms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perfmm the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6.CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the suppmiing documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7.ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs, successors and permitted assigns Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 2 of l l 8.PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupe1tino" must be displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service announcements and newspaper aiticles. No signs may be posted or displayed on or about City prope1ty, except signage required by law or this Contract, without prior written approval from the City. 9.SUBCONTRACTORS 9.1 Contractor must perf01m all the Work with its own forces, except that Contractor may hire qualified subcontractors to perfo1m up to 70 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls sho11 of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10.RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily repo11s of the Work and submit them to City upon request and at completion of Project. The rep011s must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting perf01mance. City will have ownership of the repo11s, but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electiical and plumbing work; HV AC systems; utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main rnns, piping, conduit, ductwork, and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles, which must be available for City review and audit, kept separate from other records, and maintained for four years from the date of City's final payment. Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 !Rev. Jan. 02, 2019 Page 3 of 11 11.INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of eve1y nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a)Breach of contract, obligations, representations or wa1nnties; (b)Performance or nonperforn1ance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants, subcontractors or subcontractors; ( c)Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work perfonned on or off the Project Site; and ( d)Personal injmy, prope11y damage, or economic loss resulting from the work or perfmmance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-paity claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a cl�im or counterclaim arising out of this Contract, a purchase order or other transaction. 12.INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B.Contractor must provide satisfactmy proof of insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until City has approved receipt of satisfactmy ce11ificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or te1minating the Contract. Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 4 of 11 13.COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Ref01m and Control Act 13.2 Labor Laws. (a)Contracts of$1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i)Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR ; (ii)Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii)Maintain ce11ified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Depat1ment of Industrial Relations ("DIR"); (iv)Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. (b)Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 250 per worker for each day of violation. ( c)As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to unde11ake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 5 of 11 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not have, maintain or acquire a conflict of interest in relation to this Conh·act in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official, employee, consultant, or other agent of the City ("City Representative") may have, maintain, or acquire a "financial interest" in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents wan-ant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rnles governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14.BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15.UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Aleri ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service aleris for sh·eet lighting and traffic signal conduits, City's Service Center must be called at ( 408) 777-3269. Government Code Section 4215 requires Conh·actor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104, Contractor must stop work, notify City in writing, and wait for instrnctions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Perfonnance, Contract Time or Contract Price. (a)Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law; (b)Subsurface or latent physical conditions at the Project worksite differing from those indicated by infonnation about the worksite made available to Contractor; and Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 6 of 11 ( c)Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Constmction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or stmctural engineer. 16.URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning stonn water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Prior to the stait of the Work, Contractor will implement erosion and sediment controls to prevent pollution of sto1m drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of constmction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: (a)Install storm drain inlet protection-devices such as sand bag ban-iers, filter fabric fences, and block and gravel filters at all drain inlets impacted by constmction. During the annual rainy season, October 15 through June 15, stonn drain inlets impacted by constmction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slmTy and remove from the Work site; (b)Cover exposed piles of soil or constmction material with plastic sheeting. Store all constmction mate1ials in containers; ( c)Sweep and remove all materials from paved surfaces that drain to streets, gutters and sto1m drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water off site in lawful manner; ( d)After breaking old pavement, remove debris to avoid contact with rainfall/mnoff; ( e)Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California St01mwater Quality Association and California Best Management Practices Municipal and Constmction Handbooks, local program guidance materials from municipalities, and any other applicable documents on st01mwater quality controls for constmction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 7 of 11 17.PROJECT COORDINATION City Project Manager. City assigns Jo Anne Johnson as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns _______ _ Alex Bolghand as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18.ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or patts therefor at any time. Contractor will be compensated for satisfact01y Work performed th.rough the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in perfonning the Work. 18.2 City may tenninate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the tennination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right under this Section. 19.GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Comt of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Patties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20.ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing patty will be entitled to reasonable attorney fees and costs. Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 8 of 11 21.SIGNS/ADVERTISEMENT No signs may be displayed on or about City's prope11y, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location. 22.THIRD PARTY BENEFICIARIES There are no intended third patty beneficiaries of this Contract. 23.WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26.WARRANTY Contractor wainnts that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or mate1ials. All Work, materials and equipment should pass to City free of claims, liens or encumbrances. Contractor waITants the Work and materials for one year from the date of City's acceptance of the Work as complete ("WaITanty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the W ainnty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's WaITanty Work, except any wear and tear or damage resulting from improper use or maintenance. 27.ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including auth01ized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract te1ms will control. 28.SEVERABILITY IP ARTIAL INVALIDITY If a com1 finds any te1m or provision of this Contract to be illegal, invalid or unenforceable, the legal p011ion of said provision and all other contract provisions will remain in full force and effect. 28.SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all wainnties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 9 of 11 29.INSERTED PROVISIONS Each provision and clause required by law to be inse1ted in this Contract will be deemed to be included and will be infe1Ted herein. Either patty may request an amendment to cure mistaken inse1iions or omissions of required provisions. 30.CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the constrnction or interpretation of the Contract or for any other purpose. 31.COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall fmm one single document. 20.NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confomed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: 10300 Torre Avenue, Cupe1tino CA 95014 Attention:Jo Anne Johnson Email:joannej@cupertino.org 30.VALIDITY OF CONTRACT To Contractor: Trip Stop Sidewalk Repair Inc. 1424 East 34th Ave, San Mateo CA 94401 Attention: Alex Bolghand Email: Alex@tripstoppers.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupe1tino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authmized designee, and (c) is approved for form by the City Attorney's Office. 32.EXECUTION The persons signing below waiTant they have the authority to enter into this Contract and to legally bind their respective Patties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page 10 of l l IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Trip Stop Sidewalk Repair lnc. Corooration ' Digitally signed by Alex Botghand B . A I e X 8 0 I g ha n d ��;;,::�:�.��:::;:::,�;:�:,.usy, Dilte:2019.0�.11 11:00:35-07'00' Alex Bolghand Title: CEO------------- Signature Date: 04/11/2019 APPROVED AS TO FORM: By: HEATHER M. MINNER Cupe11ino City Attorney ATTEST: ' CITY OF CUPERTINO, a Municipal Corporation By�L Roaerfu 0 Title: Acting Director of Pu�= Signature Date:�� By: ��Jf l-(-Ll{�9 GRACE SCHMIDT, City Clerk Public Works Project 2019 Sidewalk Offset Repair Public Works Contract $60,000 /Rev. Jan. 02, 2019 Page l l of l l SCOPE OF SERVICES CONCRETE SHAVING ATTACHMENT A The City of Cupertino is requesting costs proposals for concrete shaving services to supplement the City's Sidewalk Repair Program at locations throughout the City. The Project Manager will provide locations throughout the City with varying service needs, lengths and heights. See Attachment A for initial locations list. As each phase is completed the Project Manager and contractor will compile additional locations as needed for shaving. The scope of services shall include, but is not limited to work similar to that presented below. 1)The contractor will provide all labor and equipment to shave concrete off-sets that are between 3/8" and 1". Any sidewalk less than 2" thick shall not be considered for shaving. 2)All concrete locations shall be ground or shaved so as to provide a smooth transition between concrete slabs. The shaved areas shall be uniform, smooth, contain minimal grooving and be straight at the backline with little or no scarring of the adjacent concrete. ADA requirements of 8:1 slope will be provided in addition to a non-slip finish. 3)Contractor will provide concrete dust control by use of high efficiency vacuum attachment secured to the port of the grinding or shaving machine. 4)Locations to be shaved will be provided by the Project Manager as needed. Contractor shall not shave any locations without prior approval from Project Manager. 5)Existing temporary asphalt ramps shall be removed at no extra charge and disposed of by Contractor Personnel All shaving residue shall be collected, removed and disposed of by Contractor at no additional charge. Adherence to all clean water regulations is required. Work shall be paid per inch foot not to exceed $24,500.00. An inch foot is calculated by measuring the average height of the sidewalk off-set and multiplying the average height by the length of the cut. Example: A 4-foot wide sidewalk that has a 1 inch rise on one side and tapers to a half inch rise on the other is calculated as follows: 1+.5 X4=3 inch feet 2 SIDEWALK SHAVING PROJECT PARTIAL LOCATION LIST MARCH 29,2019 10959 MARIA ROSA WAY 21597 ROSARIO AVE 11247 BUBB RD 937 COTIONWOOD DR 804 COTIONWOOD DR 833 COTIONWOOD DR 845 COTIONWOOD DR 874 COTIONWOOD DR 881 COTIONWOOD DR 901 COTIONWOOD DR 917 COTIONWOOD DR 945 COTIONWOOD DR 910 COTIONWOOD DR 956 CANDLEWOOD DR 966 CANDLEWOOD DR 803 CANDLEWOOD DR 822 CANDLEWOOD DR 823 CANDLEWOOD DR 851 CANDLEWOOD DR 859 CANDLEWOOD DR 888 CANDLEWOOD DR 904 CANDLEWOOD DR 6381 MYRTLEWOOD DR 6408 MYRTLEWOOD DR 6450 MYRTLEWOOD DR 894 MYRTLEWOOD DR 925 MYRTLEWOOD DR 10816 ALDERBROOK LN 10732 ALDERBROOK LN 936 BROOKGROVE LN 7779 ROBINDELL WAY 7762 ROBINDELL WAY 7758 ROBINDELL WAY 10480 DE ANZA BLVD 7967 FOLKSTONE DR 1153 YORKSHIRE DR 1143 YORKSHIRE DR 1129 YORKSHIRE DR 1121 YORKSHIRE DR 1114 YORKSHIRE DR 1112 ELMSFORD DR 1105 ELMSFORD DR 1128 ELMSFORD DR 1132 ELMSFORD DR 1139 ELMSFORD DR 1117 STAFFORD DR 1125 STAFFORD DR 1133 STAFFORD DR 1140 STAFFORD DR 1148 STAFFORD DR 1153 STAFFORD DR 1166 STAFFORD DR 1167 STAFFORD DR 1170 STAFFORD DR 1171 STAFFORD DR 1182 STAFFORD DR 1186 STAFFORD DR 1192 STAFFORD DR 1196 STAFFORD DR 1202 STAFFORD DR 1207 STAFFORD DR 7954 STAFFORD 10740 JOHNSON AVE 10750 JOHNSON AVE 21582 COLUMBUS AVE 1111 SANTA TERESA DR 21486 HOLL YOAK DR 11080 WILKINSON AVE 11063 WILKINSON AVE 21683 CASTELTON DR 21603 CASTEL TON DR 21583 CASTELTON DR 11084 LA PALOMA DR 11098 LA PALOMA DR SIDEWALK REPAIR Trip Hazard Removal Project Proposal City of Cupertino April 9, 2019 Trip Stop Sidewalk Repair would like to submit a proposal for the Trip Hazard Removal Project, for your approval. Our price per inch foot is, $25.00 As part of this proposal, please find our company information and references. I want to assure you that if we are awarded this project, no one will do a better job for you than we will. Our company runs on zero complaints, and our crew is specially trained on how to work with residents, homeowners, and pedestrians. If I can provide any more information for you, please feel free to reach out at any time. We look forward to working with you on this project. Best Regards, Alex Bolghand Trip Stop Sidewalk Repair Inc. (650)863-STOP (7867) lnfo@tripstoppers.com 1424 East 3 rd Ave. San Mateo, CA 94401 www.tripstoppers.com Trip Stop Sidewalk Repair Inc. 1424 East 3rd Ave. San Mateo, CA 94401 CSL#: 9187713 DIR#: 1030'819535 Principal Contact Information: Alex Bolghand (650)863-7867 (Office) (650)403-0202 (Fax) Alex@Tripstoppers.com Trip Stop Sidewalk Repair Inc. (650)863-STOP (7867) lnfo@tripstoppers.com SIDEWALK REPAIR 1424 East 3 rd Ave. San Mateo, CA 94401 www.tripstoppers.com PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$60,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINThfUM SCOPE AND LThfIT OF INSURANCE Coverage shall be at least as broad as: v( Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on anI."occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability t)�\it\ arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, v blanket contractual, products and completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all iability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a.It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b.Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c.The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2.Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3.Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR.D N/A if box checked (Contractor provides written verification it has no employees). 4.Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. [1j NI A if box checked (Contract is not design/build). 5.Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.5Q. NIA if box checked (Project does not involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts -$60,000 Version: Jan. 2019 6.Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. � NIA if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1)Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City's site. Insurance Requirements for Construction Contracts -$60,000 Version: Jan. 2019 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) � 4/12/2019 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 BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bone, Robertson & McBride, Inc. rA��NJo "•"· 925-67 4-1000 I FAX 1255 Treat Blvd. /AJC No\: 925-674-0188 Suite 100A E-MAIL ADDRESS: Walnut Creek CA 94597 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Colony Ins Co A 'f..\Y 39993 INSURED TRIPS-1 INSURER s: AmGuard Insurance Company A-+ 'I.. 42390 Trip Stop Sidewalk Repair Inc. INSURER C: Norquard Insurance Company A-+ '){ 31470 1424 East 3rd Ave. San Mateo CA 94401 INSURER D: Westchester Surplus Ins. Co. l\---i4 '1-.v 10172 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 312181004 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,..,en ,.n,n POLICY NUMBER IMMIDD/YYYY\ IMM/DD/YYYY\ LIMITS A X COMMERCIAL GENERAL LIABILITY 103 GL 0018719-01 V 6/28/2018 6/28/2019 EACH OCCURRENCE $1,000,000 ,v -D CLAIMS-M ADE 0 OCCUR DAMAGE TO RENTED -PREMISES /Ea occurrence) $100,000 -MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 v"' POLICY JECT � DPRO· DLOC PRODUCTS· COMP/OP AGG $2,000,000 \ OTH ER: $ B AUTOMOBILE LIABILITY TRAU901366 V 3/30/2019 3/30/2020 pE��d��ti'INGL E LI MIT $1,000.000 ·v ANY AUTO BODILY INJURY (Per person) $ -OWNED � SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY (Per accident) $ -HIRED >--NON-OWNED ;p��c�d";,";,RAMAGE I X AUTOS ONLY X AUTOS ONLY $ ->--,,{' / ""�. A UMBRELLA LIAS M OCCUR XS172327 6/28/2018 6/28/2019 E ACH OCCURRENCE ( $2,000,000 y -\ $2,000,000 / X EXCESS LIAS CLAIMS-M ADE AGGRE GATE OED I I RETENTION $ '-,.., $-C WORKERS COMPENSATION FLA011313-00 V 3/30/2019 3/30/2020 X I ��fTuTE I I OTH- AND EMPLOYERS' LIABILITY ER YIN ANYPRO PRIETOR/PARTNER/EXECUTIVE � NIA E.L. EACH ACCIDENT $1,000,000 V OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - E A EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OP ERATIONS below E.L. DISE ASE· POLICY LIMIT $1,000,000 D Pollution Liability G71146443 001 6/20/2018 6/20/2019 Each Condition 1,000,000 General Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, A dditional Remarks Schedule, may be attached if more space is required) General Liability & Auto Liability Blanket Additional Insured endorsement applies. General Liability, Auto Liability & Workers Compensation Blanket Waiver of Subrogation applies. All blanket endorsements apply only when required per written contract or written agreement executed prior to an occurrence. Please see attached "disclosure" page. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Avenue A UTHORIZED REPRESENTATIVE Cupertino CA 95014 �-I ' �---© 1988-2015 ACORD CORPORATION. All rights reserved . ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD INFORMATION REGARDING THIS CERTIFICATE OF INSURANCE We have been instructed by the "First Named Insured" to issue a Certificate of Insurance only for those policy numbers listed on the reverse side of this form. This Certificate is issued "as a matter of information only" and does not supersede any Insurance Company cancellations, exclusions or limitations and is not a contract between you and any Named Insureds or Bone, Robertson & McBride, Inc. (The Certificate Holder is warned that it is not entitled to rely on the Certificate itself for insurance coverage). Please note that if listed below and unless it is indicated to the contrary on the reverse side of this form, all the following items apply to your interest (if any); 1.Certificate does not state you are an additional insured on the General Liability policy (if any).* 2.Certificate does not state you are an additional insured on the Auto Policy (if any).* 3.Certificate does not state you are an additional insured on the Property Portion of the policy (if any).* 4.Certificate does not state you are an additional insured on the Excess/Umbrella Liability policy (if any).* 5.Certificate does not state you are a loss payee on any of the mentioned policies (if any).* 6.Certificate does not state there is a waiver of Subrogation on the Workers' Compensation, General Liability, Auto, Property or Inland Marine Policy(s), or any policy, in your favor (if any).* 7.Certificate does not state there is any primary insurance coverage and/or a separate per project aggregate amount in your favor, (if any).* 8.Cancellation for non-payment of monies due to keep any policy(s) in force shall be 10 days. 9.As respects the Workers Compensation policy (if any), the insured has a continuous option to include or exclude certain individuals for coverage. 10.Bone, Robertson & McBride, Inc., has issued this Certificate "as a matter of information only" and does not state, warrant or guarantee that any terms and conditions of the policy(s) listed on the reverse side of this form, conform to the Contract requirements between you and the named insured(s). Further, Bone, Robertson & McBride, Inc., disclaims any contractual relationship with you, including this "as a matter of information only" Certificate. You are not entitled to rely on the Certificate itself for Insurance Coverage. The Insurance Limits shown on the reverse side are only Policy Limits that were in force at the inception of such policy(s) and may have been reduced by claims and occurrences and expenses. Any such reductions have not been stated on the reverse side of this form. *IMPORTANT! If such status were to be stated on the reverse side of this form; for such potential coverage to be valid, one of the conditions requires that prior to the "Occurrence" a written Contract between the Parties must have been in effect requiring such status and for the specific task(s) to be performed and is not contrary to public policy. lnfonnation Regarding Ce1tificate of Insurance -Revised -03-20 I 4 ----·. ·-··-·---�POLICY NUMB F(;�;GL 0018719-01 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRAC TORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations as required by written As designated in written contract with the Named contract with the Named Insured Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or"property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20100413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C.With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 103 GL 0018719-00 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG20 10 0413 POLICY NUMBE : 103 GL 0018719-01 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONA L INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMP LE TED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations as required by written As designated in written contract with the Named Insured contract with the Named Insured for commercial projects only Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 8.With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 COM MERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations as requested by written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 010413 THIS ENDO RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2 ) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1)The additional insured is a Named Insured under such other insurance; and CG 20 010413 © Insurance Services Office, Inc., 2012 Page 1 of 1 -----� Policy: TRAU90136R/ COMMERCIAL AUTO BA 99 04 0618 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This provision does not apply in regard to any ownership, maintenance or use of the additional insured's "autos." Additional Insured When Required by Contract (a) The limits of insurance specified in (1)Paragraph A.1. -WHO IS AN INSURED - of Section II -Liability Coverage is amended to add: d.When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable for "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." The insurance afforded to any such additional insured applies only if the "bodily injury" or "property damage" occurs: (1)During the policy period, and (2)Subsequent to the execution of such written contract, and (3)Prior to the expiration of the period of time that the written contract requires such insurance be provided to the additional insured. (2)How Limits Apply If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of: the written contract or written agreement; or (b)The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. (3)Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that the insurance is primary and non contributory with the additional insured's own insurance. (4)Duties in The Event Of Accident, Claim, Suit or Loss If another person or organization is added as an additional insured on your policy, the additional insured shall be required to comply with the provisions in A.Loss Conditions 2. -Duties In The Event Of Accident, Claim, Suit Or Loss -of SECTION IV -BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. BA 99 04 0618 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Ji/GUARD!1 INSURANCEn GROUP a Berkshire Hathaway company �-izGU Comp • Buslnessowner's • Auto • Umbrella BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM ·--·-----------Po I c : TRAU901360 COMM ERCIAL AUTO BA 99 02 09 08 With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION IV -BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is amended by adding the following: We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. BA 99 02 09 08 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Ed. 4-84 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.5% of the California workers' compensation premium otherwise due on such remuneration. Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated Endorsement Effective 03-30-2019 Insured Trip Stop Sidewalk Repair, Inc. (a Corp) Policy No. FLA011313-00 Mtn:aace-C.ompaR Falls Lake Fire & Casualty Company Endorsement No. Countersigned By ______________________ _ ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 4/18/2019 Colony Insurance Company -Company Profile -Best's Credit Rating Center Colony Asurance A.M. Best#: 003283 NAIC #: 39993 Mailing Address P.O. Box 469012 San Antonio, TX 78246 United States Web: www.colonyspecialty.com Phone: 804-560-2000 Fax: 804-560-4820 ompany FEIN#: 541423096 View Additional Address Information Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058448 -Argo Group International Holdings, Ltd 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 Excellent) g (Group) Financial Size Category: JOV ($1.5 Billion to $2 Billion) Outlook: Action: Effective Date: Initial Rating Date: Stable Affirmed October 17, 2018 June 28, 1993 Long-Term Issuer Credit Rating View Definition Long-Term: Outlook: a Stable ratings.ambest.com/CompanyProfi le.aspx?ambnum=3283&URATINGID =2928293&MCToken=11516142162717924925237411611382378920453&aut. .. 1/5 4/18/2019 I Action: Colony Insurance Company -Company Profile -Best's Credit Rating Center AffirmedEffective Date: October 17, 2018Initial Rating Date: June 29, 2005 ______________________ J u Denotes Under Review Best's Rating Best's Credit Rating Analyst -------------------· --··-- Rating Office: A.M. Best Rating Servi ces, Inc.Senior Financial Analyst: Jieqiu FanSenior Director: Daniel J. Ryan 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 Argo Group International Holdings, Ltd. and Subsidiaries October 17, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1993. Financial Strength Rating Effective DateRating 10/17/2018 A 9/20/2017 A 11/16/2016 A 10/22/2015 A 10/2/2014 A \.. _____ r Long-Term Issuer Credit Rating � - - ---------·· ··---- ··-1 ------ --··1 -----1 ratings.ambest.com/CompanyProfile .aspx?ambnum=3283&URATING1D=2928293&MCToken= 11516142162717924925237 411611382378920453&aut... 2/5 4/18/2019 Effective DateRating 10/17/2018 a 9/20/2017 a 11 /16/2016 a 10/22/2015 a 10/2/2014 a --------- Colony Insurance Company -Company Profile -Best's Credit Rating Center Related Financial and Analytical Data The following links provide access to related data records that A.M. Best utilizes to provide financial and analy tical data on a consolidated or branch basis. AMB # Company Name 005719 Colony Insurance Group (SG) Best's Credit Reports Company Description Represents the A.M. Best Consolidated financials for the Property/Casualty business of this legal entity. \fl 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: 10/30/2018 (represents the latest significant change). -(:"".j Historical Reports are available in Best's Credit Report Archive. lj� View additional news, reports and products for this company. ratings.ambest.com/CompanyProfile.aspx?ambnum=3283&URATINGID=2928293&MCToken=115 161421627 17924925237411611382378920453&aut... 3/5 4/18/2019 Colony Insurance Company -Company Profile -Best's Credit Rating Center Press Releases ---------·· - I Date Title 1 Oct 17, 2018 AM. Best Affirms Credit Ratings of Argo Group International Holdings, Ltd. and Subsidiaries I Sep 20, 2017 AM. Best Affirms Credit Ratings of Argo Group International Holdings, Ltd. and Its Subsidiaries Nov 16, 2016 AM. Best Affirms Credit Ratings of Argo Group International Holdings, Ltd. and Subsidiaries Oct 22, 2015 AM. Best Affirms Ratings of Argo Group International Holdings, Ltd. and Subsidiaries; Assigns Ratings to ARIS Title Ins. Corp. Oct 02, 2014 AM. Best Affirms Ratings of Argo Group International Holdings, Ltd. and Its Subsidiaries Aug 26, 2013 AM. Best Affirms Ratings of Argo Group International Holdings, Ltd. and Its Subsidiaries Jun 18, 2012 AM. Best Affirms Ratings of Argo Group International Holdings, Ltd. and Its Subsidiaries Jun 20, 2011 AM. Best Affirms Ratings of Argo Group International Holdings, Ltd. and Its Subsidiaries Jun 21, 2010 AM. Best Affirms Ratings of Argo Group International Holdings, Ltd. and Its Subsidiaries Jun 24, 2009 AM. Best Affirms Ratings of Argo Group International Holdings, Ltd. and Its Subsidiaries 1 2 Page size: 10 14 items in 2 pages --- Find a Best's Credit Rating -.. -- I -:_n-te-r -�-�-�-m�p-a�n -y_-_Nam_-e_-_____ - _--=--_··-_-_ -------------------------�-------- Advanced Search European Union Disclosures H•OW to Get a ,i;:\ Besfs Credit Rating \el Best's_· Credit Ratings @·o_ .. MobUeApp ---- I I l 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 subs idiary 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 domi ciled 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 de fined in Chapter 7 of the Corporations Act. AMBAP do es not authorize its ratings.ambest.com/CompanyProfile .aspx?ambnum=3283&URATING1D=2928293&MCToken= 11516142162717924925237 411611382378920453&aut... 4/5 4/18/2019 Colony Insurance Company -Company Profile -Best's Credit Rating Center Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us Site Map Customer Service My Account Contact Careers Terms of Use Privacy Policy Security 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. ratings.ambest.com/CompanyProfile.aspx?ambnum=3283&URATINGID=2928293&MCToken=11516142162717924925237411611 382378920453&aut... 5/5 4/18/2019 AmGUARD Insurance Company -Company Profile -Best's Credit Rating Center AmGU RG Insurance Company A.M. Best#: 000293 NAIC #: 42390 Mailing Address P.O. Box A-H Wilkes-Barre, PA 18703-0020 United States Web: www.guard.com Phone: 570-825-9900 Fax: 570-823-5930 FEIN #: 232240321 View Additional Address Information 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, 058334 -Berkshire Hathaway Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings ---------- Financial Strength Rating View Definition Rating: Affiliation Code: A+ (Superior) p (P ooled) Financial Size Category: X ($500 Million to $750 Million) Outlook: Action: Effective Date: Initial Rating Date: Stable Affirmed March 21, 2019 July 05, 1995 Long-Term Issuer Credit Rating View Definition Long-Term: Outlook: aa Stable ratings.ambest.com/searchresults .aspx?U Rating ld=2928293&bl=O&AltSrc= 1 &PPP=&AltN u m =O&Ext_ U ser=&Ext_ M isc=&Porta l=O&Site=&CoN ame=A... 1 /4 4/18/2019 AmGUARD Insurance Company -Company Profile -Best's Credit Rating Center Action: Affirmed Effective Date: March 21, 2019 Llnitial Rating Date��ay 31, 2007 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc.Senior Financial Analyst: Guy SimoesSenior Financial Analyst: Mariza Costa Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. _J ---------------------------� Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Berkshire Hathaway GUARD Insurance Companies' Members March 21, 2019 Rating History A.M. Best has provided ratings & analysis on this company since 1995. r �inancial Strength ;.ti-n� Effective DateRating 3/21/2019 A+ 3/27/2018 A+ 3/13/2017 A+ 2/4/2016 A+ 2/13/2015 A+ � --·· ----------Long-Term Issuer Credit Rating - ---.. _ ----·--·-----�-------·--·-----------------------------1 ratings .ambest.com/searchresu lts.aspx?U Rating ld=2928293&bl=O&AltSrc= 1 &PPP=&AltN u m=O&Ext_ User=& Ext_ Misc =&Porta l=O&Site=& CoName=A... 2/4 4/18/2019 AmGUARD Insurance Company -Company Profile -Best's Credit Rating Center Effective DateRating 3/21/2019 aa- 3/27/2018 aa- 3/13/2017 aa- 2/4/2016 aa- 2/13/2015 aa- Best's Credit Reports (J 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: 4/8/2019 (represents the latest significant change). 1fj Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases r-=--' Date 1-- Mar 21, 2019 Mar 27, 2018 Mar 13, 2017 1 Feb 04, 2016 Feb 13, 2015 Feb 20, 2014 Jan 24, 2013 Aug 24, 2012 May 31, 2007 AM Best Affirms Credit Ratings of Berkshire Hathaway GUARD Insurance Companies' Members A.M. Best Affirms Credit Ratings of Berkshire Hathaway GUARD Insurance Companies' Members A.M. Best Affirms Credit Ratings of Berkshire Hathaway GUARD Insurance Companies' Members A.M. Best Affirms Ratings of Berkshire Hathaway GUARD Insurance Companies' (Formerly GUARD Insurance Group) Members A.M. Best Affirms Ratings of Berkshire Hathaway GUARD Insurance Companies' (Formerly GUARD Insurance Group) Members A.M. Best Affirms Ratings of Berkshire Hathaway GUARD Insurance Companies' (Formerly GUARD Insurance Group) Members A.M. Best Upgrades Ratings of GUARD Insurance Group Members A.M. Best Places Ratings of the Members of GUARD Insurance Group Under Review With Positive Implications A.M. Best Affirms & Assigns Ratings to GUARD Insurance Group Following Its Acquisition By Clal Insurance Enterprises Holdings Find a Best's Credit Rating r-- . Enter a Company Name Advanced Search ratings .ambest.com/search results .aspx?U Rating ld=2928293&bl=O&AltSrc = 1 &PPP=&AltN um =O&Ext_ U ser=&Ext_ Misc=&Portal=O&Site=&CoName=A... 3/4 4/18/2019 European Union Disclosures AmGUARD Insurance Company -Company Profile -Best's Credit Rating Center How to <t3et a ti+:\ Best's Credit Rating \:t:::) Best's .. ,credit Ratings@·I .Mo:bile App 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. ratings .am best.com/searchresults .aspx?URating ld=2928293&bl=O&Al1Src= 1 &PPP=&AltNu m=O& Ext_ User=& Ext_ Misc=&Porta l=O&Site=&CoName=A. . . 4/4 4/18/2019 NorGUARD Insurance Company -Company Profile -Best's Credit Rating Center Ner6 ARB Insurance ompany A.M. Best#: 010643 NAIC #: 31470 Mailing Address P.O. Box A-H Wilkes-Barre, PA 18703-0020 United States Web: www.guard.com Phone: 570-825-9900 Fax: 570-823-5930 FEIN #: 232459204 View Additional Address Information 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, 058334 -Berkshire Hathaway Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings �--------------------·-----·--------- Financial Strength Rating View Definition Rating: Affiliation Code: A+ �Superior) p (Pooled) Financial Size Category: X ($500 Million to $750 Million) Outlook: Action: Effective Date: Initial Rating Date: Stable Affirmed March 21, 2019 July 05, 1995 --... ··--------------------···---------- ,.-----·-------------·--·--- Long-Term Issuer Credit Rating View Definition - -----·-· -------------- --- - --- Long-Term: Outlook: aa Stable ----------------·--·-' - ------·-------·----------·---------, ratings .ambest.com/searchresults .aspx? U Rating ld=2928293&bl=O&AltSrc= 1 &PPP=&AltN um=O&Ext_ U ser=&Ext_ M isc=&Porta l=O&Site=&CoName=n... 1 /4 4/18/2019 NorGUARD Insurance Company -Company Profile -Best's Credit Rating Center Action: Affirmed Effective Date: March 21, 2019 Initial Rating Date: May 31, 2007 u Denotes Under Review Best's Rating Best's Credit Rating Analyst ----·-------------·--·----------·--------·--··--·--- Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Guy Simoes Senior Financial Analyst: Mariza Costa 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 AM Best Affirms Credit Ratings of Berkshire Hathaway GUARD Insurance Companies' Members March 21, 2019 Rating History A.M. Best has provided ratings & analysis on this company since 1995. ·-------•-Mo ___ - Financial Strength Rating --- Effective DateRating 3/21/2019 A+ 3/27/2018 A+ 3/13/2017 A+ 2/4/2016 A+ 2/13/2015 A+ -··-----·- erm Issuer Credit Rating F .. -·-·---·----·-··---------- ---· -·--- ··------------·--------·--·----==�-i ratings .am best.com/search results .aspx?URating ld=2928293&bl=O&AltSrc= 1 &PPP=&AltN um=O&Ext_ User=& Ext_ M isc=&Portal=O&Site=&CoName=n. . . 2/4 4/18/2019 Effective DateRating 3/21/2019 aa- 3/27/2018 aa- 3/13/2017 aa- 2/4/2016 aa- 2/13/2015 aa- Best's Credit Reports NorGUARD Insurance Company -Company Profile -Best's Credit Rating Center \[] 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: 4/8/2019 (represents the latest significant change). \f:' � Hi storical Reports are available in Best's Credit Report Archive .. . __ -b � View additional news, reports and products for this company. Press Releases --- -----------1 Mar 21, 2019 Mar 27, 2018 I Mar 13, 2017 Feb 04, 2016 I I Feb 13, 2015 Feb 20, 2014 I Jan 24, 2013 , Aug 24, 2012 I May 31, 2007 L_ AM Best Affirms Credit Ratings of Berkshire Hathaway GUARD Insurance Companies' Members A.M. Best Affirms Credit Ratings of Berkshire Hathaway GUARD Insurance Companies' Members A.M. Best Affirms Credit Ratings of Berkshire Hathaway GUARD Insurance Companies' Members A.M. Best Affirms Ratings of Berkshire Hathaway GUARD Insurance Companies' (Formerly GUARDInsurance Group) Members A.M. Best Affirms Ratings of Berkshire Hathaway GUARD Insurance Companies' (Formerly GUARDInsurance Group) Members A.M. Best Affirms Ratings of Berkshire Hathaway GUARD Insurance Companies' (Formerly GUARDInsurance Group) Members A.M. Best Upgrades Ratings of GUARD Insurance Group Members A.M. Best Places Ratings of the Members of GUARD Insurance Group Under Review With PositiveImplications A.M. Best Affirms & Assigns Ratings to GUARD Insurance Group Following Its Acquisition By ClalInsurance Enterprises Holdings Find a Best's Credit Rating l :_nter -� ;o�pany Nam� Advanced Search I ratings.ambest.com/searchresults .aspx?URating ld=2928293&bl=O&AltSrc= 1 &PPP=&AltN um=O&Ext_ User=& Ext_ Misc=&Portal=O&Site=&CoName=n. . . 3/4 4/18/2019 European Union Disclosures NorGUARD Insurance Company -Company Profile -Best's Credit Rating Center How to Get a (i;;:\ Besrs Credit Rating \el Best''s Credit Rating.s @o. · Mobi�'e Ap,p A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright© 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings.ambest.com/searchresults .aspx?URating ld=2928293&bl=O&AltSrc= 1 &PPP =&AltNum=O&Ext_ User=& Ext_ M isc =&Porta l=O&Site=& CoName=n . . . 4/4 4/18/2019 Westchester Surplus Lines Insurance Company -Company Profile -Best's Credit Rating Center Westchester Surptus Lines Insurance Company A.M. Best#: 004433 NAIC #: 10172 Mailing Address P.O. Box 1000 Philadelphia, PA 19106 United States Web: www.chubb.com Phone: 215-640-1000 FEIN #: 582139927 View Additional Address Information 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, 058303 -Chubb Limited 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: XV ($2 Billion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed December 13, 2018 June 30, 1972 Long-Term Issuer Credit Rating View Definition Long-Term: Outlook: aa+ Stable ---·-------· ratings.ambest.com/CompanyProfile .aspx?ambnu m= 10643& U Rating Id =2928293&bl=O&AltSrc= 1 &PPP=&AltN u m=O&Ext_ User=&Ext_ Misc=&Portal=O. . . 1 /4 4/18/2019 Westchester Surplus Lines Insurance Company -Company Profile -Best's Credit Rating Center Action: Affirmed Effective Date: December 13, 2018 L lnit�al Rating �ate: Au._g_u _st_1_6_._2_0_0 _5 __________ _--------·-·--- 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 FormView A.M. Best's Rating Disclosure Form Press ReleaseAM Best Affirms Credit Ratings of Chubb Limited and Its Subsidiaries December 13, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1972. Financial Strength Rating Effective DateRating12/13/2018 A++ 10/5/2017 A++ 6/22/2016 7/2/2015 4/30/2015 4/11/2014 A++ A++u A++ A++ �ong-Term Issuer Credit Rating-----·---- J ratings.ambest.com/CompanyProfile.aspx?ambnum=10643&URatingld=2928293&bl=O&AltSrc=1&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=O... 2/4 4/18/2019 Westchester Surplus Lines Insurance Company -Company Profile -Best's Credit Rating Center Effective DateRating 12/13/2018 aa+ 10/5/2017 aa+ 6/22/2016 aa+ 7/2/2015 aa+ u 4/30/2015 aa+ 4/11/2014 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: 12/13/2018 (represents the latest significant change). \f3 Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases ,---------·---------· -... -·----------�·-----------------·- -------, Dec 13, 2018 Oct 05, 2017 Jun 22, 2016 Jul02,2015 Apr 30, 2015 Apr 11, 2014 Jun 14, 2013 1 Jun 12, 2012 J Jun 21, 2011 I May 03, 2010 1 2 AM Best Affirms Credit Ratings of Chubb Limited and Its Subsidiaries A.M. Best Affirms Credit Ratings of Chubb Limited and Its Subsidiaries A.M. Best Removes From Under Review and Affirms Ratings of Chubb Limited and Most of ItsSubsidiaries A.M. Best Places Ratings of ACE Limited and Its Subsidiaries Under Review With NegativeImplications A.M. Best Affirms Ratings for Subsidiaries of ACE Limited A.M. Best Upgrades Ratings for Most Subsidiaries of ACE Limited A.M. Best Revises Outlook to Positive for ACE Limited and Most of Its Subsidiaries A.M. Best Affirms Ratings of ACE Limited and Its North America Property and Casualty Affiliates A.M. Best Upgrades Issuer Credit Ratings of ACE Limited and Its Subsidiaries A.M. Best Revises Outlook to Positive for Issuer Credit Ratings of ACE Limited and Its Subsidiaries Page size: 10 11 items in 2 pages -· -J Find a Best's Credit Rating r ��;er a Compa;·�a�e I ratings .ambest.com/CompanyProfi le .aspx?ambnum= 1 0643&U Rating ld=2928293&bl =O&AltSrc= 1 &PPP=&AltN um=O&Ext_ User=&Ext _ Misc=&Portal=O... 3/4 4/18/2019 Advanced Search European Union Disclosures Westchester Surplus Lines Insurance Company -Company Profile -Best's Credit Rating Center How to Get a Best's Credit Rating IA-;\ \el B. es.rs Cred .. Jt Ratings @·DI .. · MoibiJ'e App, A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright© 2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. ratings .ambest.com/CompanyProfi le .aspx?ambnu m= 10643& U Rating ld=2928293&bl=O&AltSrc= 1 &PPP=&AltNum=O&Ext_ User=&Ext_ M isc=&Porta l=O. . . 4/4