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19-081 AAA Fence Company, Inc., Don Burnett Bridge Fencing
CITY OF PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract("Contract") is made and entered into on February 19,2019 1 ("Effective Date")by and between the City of Cupertino, a municipal corporation("City"), and AAA Fence Company,Inc. , a Corporation ("Contractor")for Don Burnett Bridge Fencing I a a 2. SCOPE OF WORK Contractor will perform and provide all labor,materials, equipment, supplies,transportation and any other items or »work necessary to perform and complete the work required for the Project r � � ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 1 �I e e� e c Js,\ e4, b I 4-o L- incoc porgy jj-, 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on September 12, 2019 ("Contract Time")unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed("NTP")and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor 7 must have sufficient time,resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. { i 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$27,900.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor,materials, supplies, equipment,taxes,insurance,bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor,materials, equipment and Public Works Project Don Burnett Bridge Fencing Public Works Contract$60,000/Rev,Jan. 02,2019 Page 1 of 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses.Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): C-13 which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. a 5.5 Tools,Materials and Equipment. Contractor will supply all tools,materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract.Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS 1 Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS: SUCCESSORS 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 1 business entity. This Contract is binding on Contractor,its heirs, successors and permitted assigns II Public works Project Don Burnett Bridge Fencing Public Works Contract.$60,000/Rev.Jan. 02,2019 Page 2 of 11 8. PUBLICITY/SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words"City of Cupertino"must be displayed in all pieces of publicity, flyers,press releases,posters,brochures, interviews,public service announcements and newspaper articles.No signs may be posted or displayed on or about City property, except signage required by law or this Contract,without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces, except that Contractor may hire qualified subcontractors to perform up to 50 % of the Work,provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS i 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed,the number 1 of workers,the hours,the equipment,the weather conditions, and any circumstances affecting d performance. City will have ownership of the reports,but Contractor will be permitted to retain copies. 10.2 If applicable, Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical, electrical and plumbing work; HVAC systems;utilities and utility connections; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail, and the location of all main runs,piping, conduit, ductwork, and drain lines must be i shown by dimension and elevation. 9 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. j 1 I Public works Project Don Burnett Bridge Fencing Public Works Contract$60,000/Rev.Jan. 02,2079 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify,defend, and hold harmless City, its City Council,boards and commissions, officers, officials, employees, agents, servants,volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands, charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations,representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by j Contractor, its employees, agents, servants, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury,property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision.Contractor must accept a tender of defense upon receiving notice from City of a third-party claim, in accordance with California j Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract.Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. ' 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit ' B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or j longer as required by City. City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice,purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract. Public works Project Don Burnett Bridge Fencing Public Works Contract$60,000/Rev.Jan. 02,2019 Page 4 of 11 13. COMPLUNCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 9 13.2 Labor Laws. (a) Contracts of$1,000 or more are subject to the requirements of the Califollu,a 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, j pension and vacation. The prevailing wage rates are on file with the City i Engineer's office and are available online at http://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California,Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring,Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861,by signing this Contract Contractor certifies as { follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." f 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 Don Burnett Bridge Fencing Public Works Contract$60,000Rev,Jan. 02,20V Page 5 of 11 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents,may not have,maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations.No officer, official, employee, consultant, or other agent of the City("City Representative")may have, maintain, or acquire a"financial interest"in the Contract, as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City suspending payments,requiring reimbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. j 14. BONDS For contracts of$25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100%of the Contract Price,using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California,with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so, City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street 1 lighting and traffic signal conduits, City's Service Center must be called at(408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104,Contractor must stop work,notify City in writing, and wait for instructions if one of the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance, Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class 1, Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Public works Project Don Burnett Bridge Fencing 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 Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. i 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of I water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include,but will not be limited to,the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction.During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; (d) After breaking old pavement,remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and when Work is completed. Clean up any leaks, drips, and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations,Work stop orders and regulatory fines. I I Public works Project Don Burnett Bridge Fencing Public Works Contract$60,000/Rev.Jan.02,2019 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Carl Valdez, Service Center Superintendent 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 Ernie Zamora Operations Manager as its single representative for all purposes under this Contract,with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project i 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 1 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing,the time spent in closing out the Work will be compensated up to 10%of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. I 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. I 1 19. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION j This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara,California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration,the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES i If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal,or other proceedings to enforce its rights or a judgment in connection with this Contract,the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Don Burnett Bridge Fencing Public Works Contract$60,000Nev.Jan. 02,2019 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property, except signage which is required by law or by the Contract, without City's prior written approval as to size, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER I 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 I i Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work,materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided { by a supplier,manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached,referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable,the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL j f The contract provisions which by their nature should suivive the Contract or Completion of Project, including without limitation all warranties, indemnities,payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public works Project Don Burnett Bridge Fencing 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 inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS 1 The captions,titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES i All notices,requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail,postage prepaid, i registered or certified, or the next business day following electronic submission: 1 i To City of Cupertino: To Contractor: 10300 Torre Avenue, Cupertino CA 95014 AAA Fence Co.Inc.2746 Scott Blvd,Santa Clara,CA.95050 Attention: Carl Valdez,Superintendent Attention: Susie Moita Copy to: Copy to: Sergio Reyes Email: CarlvAcupertino.org Email: Susie(a,aaafenceco.com 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if(a)it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and(c)is approved for form by the City Attorney's Office. i i 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public works Project Don Burnett Bridge Fencing Public Works Contract$60,000/Rev.Jan. 02,2019 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR AAA Fence Co. Inc. CITY OF CUPERTINO, 2746 Scott Blvd, Santa Clara CA. 95050 a Municipal Corporation Corporation By � Gi — By: Scot utc ings Timm B rden Title:President Title: Director of Public Works Signature Date: f,� J l �' Signature Date: k"� f APPROVED AS TO FORM: By. V� ✓�� HEATHER M.MINNER Cupertino City Attorney i i ATTEST: By: GRACE SCHMIDT, City Clerk 76, I Public works Project Don Burnett Bridge Fencing Public Works Contract.$60,000/Rev.Jan.02,2019 j Page I l of I 1 I AMENDMENT TO EXHIBIT A-1 OF THE AGREEMENT BETWEEN THE CITY OF CUPERTMO AND AAA FENCE COMPANY INC FOR DON BURN TT BRIDGE FENCING This Amendment to Exhibit A-1 of the Agreement between the City of Cupertino and AAA Fence Company,Inc., for reference dated 2/19/2019,is by and between the CITY OF CUPERTINO, a municipal corporation(hereinafter"City")and,AAA Fence Company, Inc., a Corporation ("Consultant")whose address is 2746 Scott Boulevard, Santa Clara, CA, and is made with reference to the following: RECITALS: A. On 2/19/2019, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for Don Burnett Bridge Fencing. The Agreement will expire on 9/19/2019. B. The Agreement and the Amendment to Exhibit A-1 are collectively referred to as the "Agreement"unless otherwise indicated. C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE,it is mutually agreed by and between and undersigned parties as follows: 1. Exhibit A-1 is amended to add the following provision: To the extent that any term, clause, or provision of this Exhibit A-1 conflicts with any other terra,clause, or provision of the contract ("Contract Terms")the Contract Terms shall prevail and be controlling. j 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF,the parties hereto have caused this modification of Agreement to be executed. CONSULTANT CITY OF CUPERTRO� By�-f By cot`Hutchings Title President la?-n �L i�'vg�.�c c✓dxl�S' RECOMMENDEDjF_0R APPRO APPROVED AS TO FORM _ co c ings Title President City Attorney Al ,r- City Clerk �Z r^ �� AA AAA FENCE COMPANY, INC. i_ic. No. 522762 P7.46 Scott;F odevord. 5nnt-0 C:Ioi). 0,101ifort)4I 95n.911 •(4118)727 5465 • (r3n!7)955 5465 • Fax[4178]970-868C1 AAA Fence's proposal dated r;� (o J19 is attached hereto as Exhibit 1 and its terms and conditions, including but not limited to any inclusions or exclusions, are incorporated into this Subcontract by this reference. EXHIBIT 1 AAA FENCE Ct7MPAMY, INC. Lic. No. 522762 2746 Scott Boulevard, Santo Clrini, Calilorfiia 95050 - (406)727-5465 -(800)956-5465 Fax(408)97D-8680 CA Lic. No.522762 PROPOSAL Attention: City Of Cupertino Project: City Of Cupertino-The Don Burnett Date: 2/6/2019 Time: 1:30 PM Bridge Fencing INCLUSIONS: UNION -signatory to Laborers'Union Location: Cupertino Small Business SBE#44402 State of California Estimator: SERGIO REYES Addenda Noted: #1 /Exibit#1 (2 of 2) Direct Phone#408-200-1730 Move-Ins Included: 1 Email: sergio@aaafenceco.com Additional Move-Ins: $900.00 Includes Installation and Tax. Prevailing Wage Included if Checked DIR#1000002526 Number of Bid Item Description Units Type Unit Price Total Price 2 B'HIGH GALV-CHAIN LINK FENCE&GATES W/NON CLIMB 1"MESH- LS $27,650.00 -212'LF of 6'high galvanized chain link fence with 1"mesh fabric&2 gates. 106'LF& 1-6'double swing maintenance gate at each of the 2 enclosed areas. Schedule-Openings are available&ready to start within 1-week of the written approval. Note:New fence to attach or not to exceed 3"between existing adjacent fences.Dirt to be spread out&disperse onsite, Optional Waiver of Subrogation on Workers Compensation Insurance is an ADD $250.00 Insurance additional$250.00 IMPORTANT NOTE-Due to the Volatility of the Steel Market,prices quoted above are good for only 60 days from date of Proposal.After 30 days price is subject to Re-Negotiation,if terms cannot be reached AAA Fence Company,Inc.reserve the right to nullify this proposal. EXCLUSIONS:Bond Premium,Waiver of Subrogation on Workers Compensation Insurance,Building Permits,Railroad Protective Liability Policy,Special Coverage Insurance Premiums,Penalties for Delays beyond AAA Fence Control,Clearing/Grubing,Grading,Concrete&Asphalt Patching,Lightning Protection System,Fence Grounding&Electrical work(Power,Wiring,and Conduits),Telephone lines,Landscape Restoration,Temporary Fences,Surveys and Layout staking, Traffic Control, Painting,Demo/Removal of fences,Engineering and Calc's,Stamped Drawings,Embeds for fence posts such as Weld Plates/Post Pockets/Sonitube or Sleeves, Core-Drilling and Saw Cutting,Dewatering or Casings for post holes that encounter water during or after post hole drilling,Removal or Disposal of Dirt Spoils(Dirt spoils will be left near the fence post holes),Removal or Disposal of Hazardous Substances,Padlocks&Locking Hardware,Keying and cores for locks,Knox Boxes and Knox Padlocks,Guardrails,Handrails,Concrete Mowbands and Flat Work,Hand Digging post holes,Potholing,Liability For Locating Underground Utilities(except as identified by USA Underground), Liability For Damages To Un-located Underground Utilities,Damages or repairs to landscaping,flower/planter beds,trees, shrubbery,drain lines and pipes,sprinklers and irrigation lines,electrical or phone lines,etc..during installation of this scope of work.Repairs to existing fences as needed,Windscreens,Guardrails,Railings,Handrails,Signs on fences and gates,Bollards,POWER,FENCE GROUNDING,CONDUITS,TELEPHONE LINE(S), ACCESS CONTROL WIRING,AND ACCESS CONTROLS EXCLUDED UNLESS SPECIFICALLY INCLUDED ABOVE.(CONDUITS BY OTHERS TO BE CLEARLY LABELED,MARKED ON DRAWINGS,AND HAVE PULL STRINGS.),ENGINEERING CALCULATIONS,STAMPED DRAWING,CAD DRAWINGS,3D DRAWINGS, BIM MODELING,UNDERGROUND UTILITIES BEYOND U.S.A.ARE TO BE LOCATED AND CLEARLY MARKED,OR EXPOSED BY G.C.,OWNER,END USER OR THEIR RESPECTIVE REPRESENTATIVE PRIOR TO MOBILIZATION TO BEGIN DIGGING.removal or restoration of D.G and Fence post footing locations Note:All Terminal and Corner Points shall be located and clearly marked prior to our crews arrival unless otherwise indicated herein.Fence line location is the sole responsibility of the General Contractors.. Change Orders/Extra Work shall be quoted prior to being performed and requires a written Change Order prior to beginning work.Any Extra Work performed on a Time and Material Basis shall be charges at$85.00 per man per hour for Normal Time and$120.00 per man per hour for overtime($350.00 minimum Charge), Equipment Charge cost plus 30%,Materials cost is standard Contractors price,Subcontractors cost plus 10%.Time starts when the crew leaves our yard and ends when the crew returns to the yard.Rates include our work truck. Proposal is Valid for 60 Days -Acceptance of this Proposal will require this Proposal to be incorporated into the Contract Documents as an Exhibit and shall include all Exclusions noted above.AAA Fence Company will be provided with two complete sets of plans and specifications free of charge. EXHIBIT 1 AA AAA FENCE COMPANY, INC. Lic No. 522 762 ?746 5(;Ml.Rnulemi'd. Sanui Clara, (wrlifor va 95n5n ® (4n8) 7?75465 m(8nO]95554G9 e Fax(408)970868O Exclusions: Building Permits-not required by City, Railroad Protective Liability Policy- Not applicable for this project, Special Coverage Insurance Premiums, Penalties for Delays Beyond AAA Fence Control as determined under General Condition 5.3. Liability for Locating Underground Utilities (except as Identified by USA Underground), Liability for Damages to Un-Located Underground Utilities, Damages or Repairs to Landscaping, flower/planter beds, trees, shrubbery, drain lines and pipes, sprinklers and irrigation lines, electrical or phone lines, etc., during installation of this scope of work. Underground utilities beyond USA are to be located and clearly marked or exposed by GC/Owner, End User to their respective representative prior to mobilization to begin digging. Dirt spoils to be spread out on work site. PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects - $60,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LMT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability 4Aarising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations,vehicle coverage and employer's non-ownership liability 100overage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all iability for personal injiny 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 0104 13 c. The limits of insurance required may be _satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability:ISO Form CA 00 01 covering any auto (Code 1),or if Contractor has no owned autos,then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than$1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance of no less than$1,000,000 per accident for bodily injury or disease,or as otherwise required by statute.If Contractor is self-insured,Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. ❑ N/A if box checked(Contractor provides written verification it has no employees). i 4. Professional Liability with limits no less than$1,000,000 per occurrence or claim,and$2,000,000 aggregate. [4 N/A if box checked(Contract is not design/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. N/A if box checked(Project does not involve construction or improvements/installations to property). I Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 1 I 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no l han$1,000,000 per occurrence or claim,and$2,000,000 policy aggregate.ess N/A if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide,that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain,or be endorsed to contain,the following provisions: Additional Insured Status The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 1185 or if not available,through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project,Contractor's insurance coverage shall be"primary and non-contributory"and. at least as broad as ISO CG 20 0104 13 with respect to City,its officers,officials,employees and volunteers,and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance,the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a"primary and non-contributory"basis for the benefit of City. 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. i 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 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City.Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors. .11 cceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California,and each insurer must have an A.M.Best's financial strength rating of"A"or better and a financial size rating of"Vil"or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements,required by these specifications,at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated j herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For f CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents.The Payment and Performance Bonds shall be in a j sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary.If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements,based on the nature of the risk,prior experience,insurer,coverage, or other circumstances. i Insurance Requirements for Construction Contracts-$60,000 Version:Jan.2019 3 i AC" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) �,.✓� 2/13/2019 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 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 Pentarisk Insurance Services LLC NAME: Charlene Reynolds Ac CA License No.OG47886 HON o A Ext:408-418-2741 FAX No):408-418-2721 2033 Gateway Place,Suite 150 ADDRESS: craynolds@pentarisk.com San Jose CA 95050 INSURERS AFFORDING COVERAGE NAIC N INSURER A:West American Insurance Company 44393 INSURED 629 INSURERS:Aspen American Insurance company AAA Fence Company, Inc. 43460 2746 Scott Blvd. INSURER c:Hanover Insurance Company PC 22292 Santa Clara CA 95050 INSURERD: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:981475884 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR POLICY UMBER MMIDD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y BKW(19)59288288 / 12/16/2018 12/15/201 9vI EACH OCCURRENCE $2,000,000 t/ DAMAGE TO RENTED CLAIMS-MADE �OCCUR PRE ISES Ea occurrence $500,000 _ Ded$1,000 MED EXP(Any one person) $6,000 PERSONAL&ADV INJURY $2,000,000 GENT AGGREGATE LIMIT ARPUES PER: GENERAL AGGREGATE $4,000,000 POLICY F PRO- JECT LOG PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y BAW(19)59288268 12/16/2018 12/15/2019 V COMBINED SINGLE LIMIT Ea accldent $1 000 OOD ✓, X ANY AUTO BODILY INJURY(Perperson) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-O X HIRED AUTOS X AUU OSWNED PerraccldenDAMAGE $ CP Ded$1000 CL Ded$1000 1 1 $ B UMBRELLA LIAR X OCCUR CXOOA2F18 12/15/2018 12/15/2019 EACH OCCURRENCE $5,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 X DED I I RETENTION$None $ A WORKERS COMPENSATION Y XWW(19)59286268 12/16/2018 12/15/2019 X ISTATUTE 1RH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $1,000,000 I/ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Contractors Equipment RHF D11483202 12/15/2018 12/15/2019 Leased/Rented $100,000 Installation Floater Any One Locatlon $5o0,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:AAA job#39023 1 Don Burnett Bridge Fencing 110730 N.Blaney Ave,Cupertino CA 95014 City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are added as additional insureds as required by written contract for General Liability,per attached.General Liability evidenced herein is Primary&Non-Contributory to other Insurance available to the additional insureds as required by written contract,per attached.Waivers of Subrogation for General Liability,Auto Liability and Workers Compensation are granted in favor of the additional insureds as required by written contract,per attached.Notice of Cancellation to Others is provided in accordance with the policies provisions including 10 day notice for non-payment of premium. 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 10555 Mary Ave Cupertino CA 95014 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKW(19)592sa26s 11 COMMERCIAL GENERAL LIABILITY ( CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) BLANKET ADDITIONAL INSURED Any person or organization whom you become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Location And Description Of Completed Operations Work described in writing in the contract, agreement or permit. Location(s) at which You performed work described in written contract, agreement or permit. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to B. With respect to the insurance afforded to include as an additional insured the person(s) these additional insureds, the following is or organization(s) shown in the Schedule, but added to Section III -Limits Of Insurance; only with respect to liability for "bodily in- If coverage provided to the additional insured jury" or "property damage" caused, in whole is required by a contract or agreement, the or in part, by "your work" at the location des- most we will pay on behalf of the additional ignated and described in the Schedule of this insured is the amount of insurance: endorsement performed for that additional 1. Required by the contract or agreement; insured and included in the "products-com- pleted operations hazard". or However: 2. Available under the applicable Limits of 1. The insurance afforded to such additional Insurance shown in the Declarations; whichever is less. insured only applies to the extent permit- ted by law; and This endorsement shall not increase the ap- 2. If coverage provided to the additional in- plicable• Limits of Insurance shown in the Dec- sured is required by a contract or agree- larations. ment, 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. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER BKW(19)59288268 f COMMERCIAL GENERAL LIABILITY `�= CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): BLANKET ADDITIONAL INUSRED Any person or organization whom you become obligated to include as an additional insured as a result of any contract or agreement you have entered into. Location(s) Of Covered Operations Any location(s) when You have agreed in a written contract, agreement or permit that person or organization be added as an additional 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 B. With respect to the insurance afforded to include as an additional insured the person(s) these additional insureds, the following addi- or organization(s) shown in the Schedule, but tional exclusions apply: only with respect to liability for "bodily in- This insurance does not apply to "bodily in- jury", "property damage" or "personal and jury" or" property damage" occurring after: advertising injury" caused, in whole or in part, by: 1. All work, including materials, parts or equipment furnished in connection with 1. Your acts or omissions; or such work, on the project (other than ser- 2. The acts or omissions of those acting on vice, maintenance or repairs) to be per- your behalf; formed by or on behalf of the additional in the performance of your ongoing insured(s) at the location of the covered operatons for the additional insured(s) at the operations has been completed; or location(s) designated above. 2. That portion of "your work" out of which However: the injury or damage arises has been put 1. The insurance afforded to such additional to its intended use by any person or or- ganization other than another contractor insured only applies to the extent permit- or subcontractor engaged in performing ted by law; and operations for a principal as a part of the 2. If coverage provided to the additional in- same project. sured is required by a contract or agree- ment, 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 G. With respect to the insurance afforded to these additional insureds, the following is added to Section III -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 ap- plicable Limits of Insurance shown in the Dec- larations. Page 2 of 2 © Insurance Services Office, Inc., 2012 GG 20 10 04 13 Insured:AAA Fence Company, Inc. I Poli No. BKW(19)59288268 I Effe tive: 12/15/2018 2. With respect to the insurance pr b this ment, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 1 d. "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. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III ` -Limits Of Insurance: i 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: j a. Required by the contract or agreement; or j b. Available under the applicable Limits of Insurance shown in the Declarations; li whichever is less. I This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. j i H. PRIMARY AND NOWCONT€tIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 I Insured:AAA Fence Company, Inc. I olicy No. BAW(19)59�nclude: Effective: 1 211 5/201 8 To the extent possible, notice (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV- BUSINESS AUTO CONDITIONS, paragraph 113.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. - CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. i I I i © 2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 7 Insured: AAA Fence Company, Inc. I Policy No.�BKW:(191)59�2882 �81 Effective: 12/15/2018 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization 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" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 8 of 8 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 79 (Ed. 01-13) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA 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 en- gaged in the work described in the Schedule. The additional premium for this endorsement is $ 250 Schedule Person or Organization Additional Insured(s) in written agreement Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Endorsement No. 0008 Policy Effective 12/15/2018 Premium State Policy o. XWW (19) 59 28 82 S i Insured AAA EN COMPANY INC Insurance Company West American Insurance Company 11576 Countersigned by WC 99 06 79 (Ed. 01-13) © 2013 Liberty Mutual Insurance Includes copyrighted material of WCIRB,with its permission. West American Insurance Company A.M. Best#: 011354 NAIC#:44393 FEIN#: 310624491 Mailing Address View Additional Address Fananclsd Stmgrth Fi'afmlo 175 Berkeley St. Information Boston, MA 02116 �' United States A EkWlent Assigned to insurance Web: companies that have, in our www.libertymutualgroup.com opinion, an excellent ability to Phone: 617-357-9500 meet their ongoing insurance Fax: 513-603-3179 obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 051114 - Liberty Mutual Holding Company Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A(Excellent) Affiliation Code: r (Reinsured) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: May 16, 2018 Initial Rating Date: October 02, 1995 Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable Action: Affirmed Effective Date: May 16, 2018 Initial Rating Date: July 21, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Gregory Dickerson Director: Jennifer Marshall, CPCU, ARM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. i Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of Liberty Mutual Holding Company Inc. and Its Subsidiaries May 16, 2018 Rating History A.M. Best has provided ratings & analysis on this company since 1995. Financial Strength Rating Effective Date Rating 5/16/2018 A 3/8/2017 A 10/8/2015 A 9/24/2014 A 8/14/2013 A Long-Term Issuer Credit Rating Effective Date Rating 5/16/2018 a 3/8/2017 a 10/8/2015 a 9/24/2014 a 8/14/2013 a Best's Credit Reports 1 Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 11/28/2018 (represents the latest significant change). l�- Historical Reports are available in Best's Credit Report Archive. F View additional news, reports and products for this company. Press Releases Date Title May 16,2018 A.M. Best Affirms Credit Ratings of Liberty Mutual Holding Company Inc.and Its Subsidiaries Mar 08,2017 A.M. Best Affirms Credit Ratings of Liberty Mutual Holding Company Inc.and Its Subsidiaries Oct 08,2015 A.M. Best Affirms Ratings of Liberty Mutual Holding Company Inc.and Its Subsidiaries Sep 24, 2014 A.M. Best Affirms Ratings of Liberty Mutual Holding Company Inc.and Its Subsidiaries Aug 14, 2013 A.M. Best Affirms Ratings of Liberty Mutual Holding Company Inc.and Its Subsidiaries Jul 26, 2012 A.M. Best Affirms Ratings of Liberty Mutual Holding Company Inc.and Its Subsidiaries Jun 16,2011 A.M. Best Revises Outlook to Stable for Liberty Mutual Holding Company Inc.and Its Subsidiaries Jun 11,2010 A.M. Best Affirms Ratings of Liberty Mutual Holding Company Inc.and Its Subsidiaries May 20, 2010 A.M. Best Withdraws Ratings of a Subsidiary of Liberty Mutual Group Inc. Following an Internal Merger Mar 05,2008 A.M. Best Affirms Ratings of Liberty Mutual Group,Inc.,Its Subsidiaries and Liberty Life Assurance Company of Boston 1 2 Page size: 10 16 items in 2 pages Find a Best's Credit Rating Enter a Company Name FGo] Advanced Search How to Get a + Best's Credit Rating +►� Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS),a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore,credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services (AFS) Licence holder(AFS No. 411055) under the Corporations Act 2001.Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy,sell or hold securities, or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc.and/or its affiliates ALL RIGHTS RESERVED. Aspen American Insurance Company A.M. Best#: 014149 NAIC#:43460 FEIN#: 752344200 Administrative Office View Additional Address RmancEW Sbmgth ftfmg 175 Capital Boulevard Suite 300 Information Rocky Hill, CT 06067 qC� B E ST United States A Ecallent Assigned to insurance Web: www.aspen.co companies that have, in our Phone: 860-258-3500 opinion, an excellent ability to Fax: 860-571-0520 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 044260 - Highlands 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: A(Excellent) Affiliation Code: g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: March 01, 2019 Initial Rating Date: November 29, 2010 Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable i Action: Affirmed Effective Date: March 01, 2019 Initial Rating Date: November 29, 2010 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Edin Imsirovic Director: Jacqalene Lentz, CPA 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 Removes From Under Review and Affirms Credit Ratings of Aspen Insurance Holdings Ltd. and Its Rated Subsidiaries March 01, 2019 Rating History A.M. Best has provided ratings & analysis on this company since 2010. Financial Strength Rating Effective DateRating 3/1/2019 A 8/29/2018 A u 12/15/2017 A 11/11/2016 A 11/18/2015 A 10/23/2014 A Long-Term Issuer Credit Rating Effective Date Rating 3/1/2019 a 8/29/2018 a u 12/15/2017 a 11/11/2016 a 11/18/2015 a 10/23/2014 a Best's Credit Reports ,I,=,Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 3/1/2019 (represents the latest significant change). �-- Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Title Mar 01,2019 AM Best Removes From Under Review and Affirms Credit Ratings of Aspen Insurance Holdings Ltd.and Its Rated Subsidiaries Aug 29, 2018 A.M. Best Places Credit Ratings of Aspen Insurance Holdings Ltd.and Its Subsidiaries Under Review With Developing Implications Dec 15,2017 A.M. Best Revises Issuer Credit Rating Outlook to Stablefor Aspen Insurance Holdings Limited and Its Subsidiaries Nov 11,2016 A.M. Best Affirms Credit Ratings of Aspen Insurance Holdings Limited and Its Subsidiaries Nov 18, 2015 A.M. Best Revises Issuer Credit Rating Outlook to Positive for Aspen Insurance Holdings Limited and Its Subsidiaries Oct 23,2014 A.M. Best Affirms Ratings of Aspen Insurance Holdings Limited's U.S. Subsidiaries Sep 19, 2013 A.M. Best Affirms Ratings of Aspen Insurance Holdings Limited's U.S. Subsidiaries Nov 15, 2012 A.M. Best Affirms Ratings of Aspen Specialty Insurance Company and Aspen American Insurance Company Oct 12,2011 A.M. Best Affirms Ratings of Aspen Specialty Insurance Company and Aspen American Insurance Find a Best's Credit Rating Pnf—� rm--N1— - a ".Pu Y , 7Go Advanced Search Haw to Get a .F Best's Credit Rating Best's Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU) Rating Services B.V.(AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services (AFS)Licence holder(AFS No. 411055)under the Corporations Act 2001.Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice:A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy, sell or hold securities,or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs- Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc.and/or its affiliates ALL RIGHTS RESERVED. The Hanover Insurance Company A.M. Best#: 002225 NAIC#:22292 FEIN#: 135129825 Administrative Office View Additional Address Fin-a.rti W Sbmgth fitting 440 Lincoln Street Information Worcester, MA 01653-0002 41CA. 1B United States A Ek 4lent Assigned to insurance Web: www.hanover.com companies that have, in our Phone: 508-853-7200 opinion, an excellent ability to Fax: 508-853-6332 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058505 - The Hanover Insurance Group, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A(Excellent) Affiliation Code: g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: June 07, 2018 Initial Rating Date: December 31, 1907 Long-Term Issuer Credit Rating View Definition Long-Term: a Outlook: Stable Action: Affirmed Effective Date: June 07, 2018 Initial Rating Date: May 04, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Michael T. Venezia Director: Jacqalene Lentz, CPA Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Hanover Insurance Group, Inc. and Its Subsidiaries June 07, 2018 Rating History A.M. Best has provided ratings &analysis on this company since 1907. Financial Strength Rating Effective Date Rating 6/7/2018 A 5/25/2017 A 5/19/2016 A 5/22/2015 A 5/16/2014 A Long-Term Issuer Credit Rating Effective Date Rating 6/7/2018 a 5/25/2017 a I 5/19/2016 a I 5/22/2015 a 5/16/2014 a Best's Credit Reports (—,Best's Credit Report - Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 6/27/2018 (represents the latest significant change). �--- Historical Reports are available in Best's Credit Report Archive. 5 p' View additional news, reports and products for this company. Press Releases Date Title Jun 07, 2018 A.M. Best Affirms Credit Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries May 25, 2017 A.M. Best Affirms Credit Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries I I Jun 28, 2016 A.M. Best Assigns Ratings to The Hanover Atlantic Insurance Company, Ltd. I May 19, 2016 A.M. Best Affirms Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries i I i May 22, 2015 A.M. Best Affirms Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries j i May 16, 2014 A.M. Best Affirms Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries May 17, 2013 A.M. Best Affirms Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries Jun 12, 2012 A.M. Best Affirms Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries Jun 13, 2011 A.M. Best Affirms Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries May 28, 2010 A.M. Best Affirms Ratings of The Hanover Insurance Group,Inc.and Its Subsidiaries 1 2 3 Page size: 10 21 items in 3 pages Find a Best's Credit Rating Enter a Company Name Go Advanced Search How to Get a , + Beafs Credit Rating Bests Credit Ratings Mobile App European Union Disclosures A.M. Best-Europe Rating Services Limited (AMBERS), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI)in the European Union (EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. A.M. Best(EU)Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc., is an External Credit Assessment (ECAI)in the EU.Therefore, credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M. Best Asia-Pacific Limited (AMBAP),Australian Registered Body Number(ARBN No.150375287), is a limited liability company incorporated and domiciled in Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS) Licence holder(AFS No. 411055)under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not recommendations to buy, hold or sell any securities or any other form of financial product, including insurance policies and are not a recommendation to be used to make investment /purchasing decisions. Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact.A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M. Best's credit opinions are not recommendations to buy, sell or hold securities,or to make any other investment decisions. For additional information regarding the use and limitations of credit rating opinions,as well as the rating process, information requirements and other rating related terms and definitions, please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal& Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright©2019 A.M. Best Company, Inc. and/or its affiliates ALL RIGHTS RESERVED. P"ERFORMANCE BOND Developers Surety and Indemnity Company Irvine, CA 92623 Bond No.: 681130P* "Premium is for contract term ad subject to adjustment base don final contract price. CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) AAA Fence Company,Inc. Developers Surety and Indemnity Company 2746 Scott Blvd Santa Clara,CA 95050 P O Box 19725,Irvine,CA 92623 OWNER: (Name, legal status and address) City of Cupertino 10300 Torre Ave,Cupertino,CA 95014 CONSTRUCTION CONTRACT Date: February 19,2019 Amount: $27,900.00 Description: (Name and location) Don Burnett Bridge Fencing-Installation of Chain Link Fence BOND Date: February 21,2019 (Not earlier than Construction Contract Date) I Amount: $27,900.00 Modifications to this Bond: 0 None See Section 16 I CONTRACTOR AS PRINCIPAL SURETY � Company: (Corporate Seal) Company: (Corporate Seal) j AAA Fence Company,Inc. Developers Surety and Vde,,,0nityCompa I Signature: Signature: Name and 1tle: <oft R.Hute� s, resident Name and Title: Carlo Albelo,Attorney-_ -. c (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: PentaRisk Insurance Services,LLC (Architect,Engineer or other party.) 2033 Gateway Place,Suite 150 San Jose,CA 95110 408-418-2732 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference,the Surety may, within five (5)business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition I Owner's notice. If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. s §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. J §7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. §10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 2 to perform its obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. §16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 3 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGEMENT State of California County of Santa Clara On -,2 —'r-2—N 2 before me,R.Nikolai, a Notary Public, personal y p appeared Carlos A. Albelo who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. lieR.NIKOLAI s """�` Notary Public-California - Santa Clara County - Commission#2237023 `'"°°"" My Comm.Expires May 3,2022 Signature (Seal) PAYMENT BOND Developers Surety and Indemnity Company Irvine, CA 92623 Bond No.: 681130P CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place of business) AAA Fence Company,Inc. Developers Surety and Indemnity Company 2746 Scott Blvd Santa Clara,CA 95050 P O Box 19725,Irvine,CA 92623 OWNER: (Name, legal status and address) City of Cupertino 10300 Torre Ave,Cupertino,CA 95014 CONSTRUCTION CONTRACT Date: February 19,2019 j Amount: $27,900.00 Description: (Name and location) Don Burnett Bridge Fencing-Installation of Chain Link Fence BOND Date: February 21,2019 (Not earlier than Construction Contract Date) Amount: $27,900.00 Modifications to this Bond: 0 None See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporrate Seal) AAA Fence Company,Inc. Developers Surety and In ty Com a Signature: Signature: i Name and Title: Scott R. utctings,President Name and Title: Car s e o,Attorn n ac (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: PentaRisk Insurance Services,LLC (Architect, Engineer or other party.) 2033 Gateway Place,Suite 150 San Jose,CA 95110 408-418-2732 §1 The Contractor and Surety,jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. §2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 1 furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. §3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands, liens or suits to the Contractor and the Surety. §4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. §5 The Surety's obligations to a Claimant under this Bond shall arise after the following: §5.1 Claimants,who do not have a direct contract with the Contractor, 1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for j whom the labor was done or performed, within ninety (90) days after having last performed labor or last y furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). §5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). §6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. §7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: §7.1 Send an answer to the Claimant, with a copy to the Owner,within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and §7.2 Pay or arrange for payment of any undisputed amounts. §7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2,the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. §8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. §9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. §10 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. §11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts,purchase orders and other obligations. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition §12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or(2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1) or(2) first occurs. If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. §14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. §16 Definitions §16.1 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and { .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. I §16.2 Claimant.An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Construction Contract.The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment"that part of water, gas, power, light,heat, oil, gasoline,telephone service or rental equipment i used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the j jurisdiction where the labor,materials or equipment were furnished. I §16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. I i §16.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §16.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. { §17 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312, 2010 edition 3 §18 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: i The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,2010 edition 4 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGEMENT State of California County of Santa Clara On_ — 1 o before me,R.Nikolai, a Notary Public, personally appeared earlos A. Albelo who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. s � R.NIKCLAI I Notary Public-California Y � Santa Clara County + Commission#2237023 �C60PM My Comm.Expires May 3,,2022 L / 1 O ' Signature (Seal) i i i I POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: ***James Untledt, Cynthia Castellano, Carlos Albelo,jointly or severally*** ——--as-thelr-true-and-lawfuh4ttomey(s)-in-Fact7-to make,-execute,-deliver-and-aeknowledge,-for-and on-behalf-of-said oorperattons;as-sureties bonds,-undertakings-and-contracts-of ---- --------- _ suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008, RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorneys)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporafons when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. a IN WITNESS WHEREOF,DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by I their respective officers and attested by their respective Secretary orAssistant Secretary this 6th day of February,2017. "a, Daniel Young,Senior Vice-President .,)' 10. Mark Landon,Vice-President %���+............ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Orange a On February 6 2017 before me, _ Lucille Raymond Notary Public Dale Here Insert Name and lute of the Officer personally appeared Daniel Young and Mark Landon 1 Name(s)of Signer(q) i who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)Were subscribed to the within instrument and acknowledged to me that helshe/they executed the same in hlslher/their authorized capacity(les),and that by his/herltheir signatures)on the instrument the person(s),or the entity upon behalf of LUC.ILLE RAYMOND which the person(s)acted,executed the instrument, commission 0 2081945 Notary Pubile-Calltornia 'a' I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is z Orange Couaj true and correct. My Comm,E ires Oct 13.2018 i i WITNESS my hand and official seal. Place Notary Seal Above Signature Lucill: . y ond,Notary Public CERTIFICATE I The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of j said corporations set forth in the Power of Attorney are In force as of the date of this Certificate, �,,,i This Certificate is executed in the City of Irvine,California,this St day of ,Pseb�'u L��y+, �n/4 ,�` y'ANoN * big a�' y 0, �:a' � By: ". W=. 1936 OCT. 6 Cassle J, .rdsford,Assistant Se tary o'; o ATS-1002(02/17) Broadcast Report P 1 02/2512019 11:39 Serial No. A7PU011029069 TC: 113190 Addressee Start Time Time Prints Result Note DAS 02-25 11:33 00:01:53 003/003 OK 1 02-25 11:g38 00:00:g56 000/003 No Ans Note DPG:Page.separationoTX, MIX M3xed1OrigainalZTXSeCALL9Manua1FTXmeCSRCSCSRC FUID:Forward. PC:PC—FAX, BND:DoUble—Sided Binding Direction, Sp:Sp gginal. eCial Ori FCODE:F—code. RTX:Re—TX, RLY:Relag. HBX:COnfidential. BUL:BUlleti al OriP Fax, IPADR:IP Address Fax, I—FAX:Internet Fax OK: Communication OK, S—OK: Stop Communication, PW—OFF: Power Switch OFF, Result TEL: RX from TEL NO: Other Error, Cont: Continue, No No Ans: No Answer, Refuse: Receipt Refused, Bust:FiileyErrroru1DCMDmeCodeFError, HDNRMDN1ResponseegError, DSN: RBCeespon a Error, PRINT:Com ulsor HeTor9 Document Print, DSN:DSN Response Error, p y DEL:Compulsorg Memory Document Delete. SEND:Compulsory Memory Document Send. PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award Information must be sent to your Apprenticeship Committee If you are approved to train.If you are not approved to train,you must send the information(which may be this forth)to ALL applicable Apprenticeship Committees in your craft or trade In the area of the site of the public work.Go to:http:Nwww.dig.ca.gov/das/PublieWorksForns.htmfor information about programs in your area and trade.You may also consult your local Division of Apprenticeship Standards(DAS)office whose telephone number may be found in your local directory under California,State of,Industrial Relations,Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY - CONTRACrOR'S STATE LICENSE NO AAA Fence Company Inc 522762 MANNG ADDRESS NUMBER B STREET.CITY,ZIP CODE - AREA CODE 6 TFIEPHONE NO. 2746 Scott Blvd., Santa Clara,CA 95050 408-727-5465 NAME 6 ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT MCUTED Don Burnett Bridge Fencing 2/19/2019 10730 N. Blaney Ave. DATE OF E(PECTED OR ACTUAL START OF PRGJECr Cupertino, CA 95014 March 2019 NAME 6 ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS City of Cupertino 125 10555 Mary Ave. OCCUPATION OF APPRENTICE Cupertino, CA 95014 Laborer Grp 3-Fence Erect. THIS FORM IS BEING SENT To:(NAME d ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS Laborers Northern California District Councils JAC 0 1001 Westside Drive APPROYUAATEOATESTOBE9J,0. San Ramon,CA 94583 3/4/2019-3/13/2019 925-828-6142 This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch,in accordance with Section 230.1(a)California Cade of Regulations Check One Of The Boxes Below 1.0 We are already approved to train apprentices by the Apprenticeship Committee.We will employ and train under their Standards. Enter name of the Committee 2.Fx—] We will Comply with the standards of Laborers JATC as modified by letter dated 7/25/14(attached) Apprenticeship Committee for the duration of this job only. Enter name of the Committee 3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including§230.1(c)which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. *We are exempt from apprenticeship.Please sesee ��attached letter dated July 25,2014 Signature Date Typed Name Susie Motta THIS Office Manager State of California-Department of Industrial Relations DIVISION DAS 140(REV.1104) OF APPRENTICESHIP STANDARDS PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train,you must send the information(which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/das/PublicWorksForms.htmfor information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO AAA Fence Company Inc 522762 MAILING ADDRESS-NUMBER&STREET,CITY,ZIP CODE AREA CODE&TELEPHONE NO. 2746 Scott Blvd., Santa Clara, CA 95050 408-727-5465 NAME&ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED Don Burnett Bridge Fencing 2/19/2019 10730 N. Blaney Ave. DATE OF EXPECTED OR ACTUAL START OF PROJECT Cupertino, CA 95014 March 2019 NAME&ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOUR: City of Cupertino 125 10555 Mary Ave. OCCUPATION OF APPRENTICE Cupertino, CA 95014 Laborer Grp 3-Fence Erect. THIS FORM IS BEING SENT TO:(NAME&ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS Laborers Northern California District Councils JAC 0 1001 Westside Drive APPROXIMATE DATES TO BE EMPLOYED San Ramon, CA 94583 3/4/2019-3/13/2019 925-828-6142 This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch,in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below 1. We are already approved to train apprentices by the Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee 2. X❑ We will comply with the standards of Laborers JATC as modified by letter dated 7/25/14 (attached) Apprenticeship Committee for the duration of this job only. Enter Dame of the Committee 3. We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. *We are exempt from apprenticeship. Please see attached letter dated f my 25, 2014 Signature Date Typed Name Susie Motta Title Office Manager State of California-Department of Industrial Relations DIVISION DAS 140(REV.1104) OF APPRENTICESHIP STANDARDS STATE OF CALIFORNIA EDMUND G.BROWN JR.,Governor DEPARTMENT OF INDUSTRIAL RELATIONS Division of Apprenticeship Standards "'' a, MAILING ADDRESS: 455 Golden Gate Avenue,9 Floor -• �; San Francisco,CA 94102 P.O.Box 420603 Tel:(415)703-4920 Fax:(415)703-5218 Sait Francisco,CA 94142-0603 July 25,2014 Northern California Laborers Joint Apprenticeship Training Committee Jeff Armstrong, Director of Apprenticeship 1001 Westside Drive San Ramon, CA 94583-4098 Re: Apprenticeship Ratio Exemption pursuant to Labor Code Sec. 1777.5 Dear Mr.Armstrong: Your request for an exemption from the ratio of one hour of apprentices employment for each five hours of journey level labor performed on Public Works projects by affiliated employers who are approved to train apprentices by the Northern California District Council of Laborers Construction Craft Laborers Joint Apprenticeship Training Committee, subject to Labor Code Section 1777.5 has been reviewed and is hereby approved. i The Northern California Laborers Joint Apprenticeship Training Committee request for an exemption from the hourly ratio was based on your program's determination that an hourly apprenticeship ratio was not feasible because the specific tasks to which the apprentice would be assigned is of a nature that proper supervision and training caluiot be provided by the journeyperson. An example of such work is the horizontal directional drilling operation, where there is a three-person crew, each of whom is performing distinctly different functions: the operator of the drill, the electronic tracking locator and the drilling crew laborer.Each of these distinct functions has complex duties which must be performed and no one in the three-member j crew is in a position to supervise or train an apprentice. Another example is the typically two- member drilling and blasting crew, where one person is drilling holes and the other is setting dynamite charges for blasting and neither journeyperson is in a position to properly supervise an apprentice. j i Upon request, Labor Code Section.1777.5 authorizes the Division of Apprenticeship Standards (DAS)to order a minimum ratio of not less than one apprentice for each five journeypersons where the hourly ratio is not feasible. Therefore,based upon the authority vested in the DAS by Labor Code section 1777.5, the Northern California Laborers Joint Apprenticeship Training Committee is hereby granted an exemption from the one to five hourly apprentice ratio; and contractors are required to employ apprentices as follows: Participating contractors employing four(4) or fewer journey-level Laborers on a public works jobsite shall not be required to hire an apprentice; however, the fifth (51)Laborer employed shall be an apprentice. Additionally, participating employers may, and are encouraged to employ an apprentice after employing at least one journey-level Laborer whenever possible. This exemption from the hourly ratio is effective August 1, 2014 and will remain in effect until revoked by the Administrator of Apprenticeship. isi i 1 Diane Ravnik Chief i i i I i I I i i i i I I State of California Department of Industrial Relations California Apprenticeship Council TRAINING FUND CONTRIBUTIONS P.O. Box 420603 San Francisco, CA 94142 Please use a separate form for each jobsite, listing the occupations for the jobsite. One check payable to the California Apprenticeship Council may be submitted for all jobsites and/or occupations. Training fund contributions are not California Apprenticeship accepted by the California Apprenticeship Council for Council federal public works projects, or for non- apprenticeable occupations such as utility technicians, teamsters, etc NAME AND ADDRESS OF CONTRACTOR/SUB CONTRACTOR MAKING CONTRIBUTION CONTRACTOR'S LICENSE NUMBER AAA Fence Company Inc. 522762 2746 Scott Blvd. CONTRACT OR PROJECT NUMBER Santa Clara, CA 95050 JOBSITE LOCATION(INCLUDE COUNTY)IF APPLICABLE-GIVE NAME OF NAME AND ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT SCHOOL,HOSPITAL,BUILDING,etc. Don Burnett Bridge Fencing City of Cupertino 10730 N. Blaney Ave. 10555 Mary Ave. Cupertino, CA 95014 Cupertino, CA 95014 PERIOD COVERED BY CONTRIBUTION(FROM-TO) Entire Project-All Contributions Will Be Made to LahorPr's Trust Rind 931 CLASSIFICATIONS OF WORKERS(CARPENTER,PLUMBER,ELECTRICIAN,ETC). COUNTY WORK PERFORMED IN HOURS CONTRIBUTION AMOUNT RATE PER HOUR Laborers 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total $0.00 SIGNATURE PLEASE TYPE OR PRINT YOUR NAME DATE Susie Motta 02/21/2019 TITLE _ AREA CODE&TELEPHONE NUMBER Office Manager (408) 727-5465 CAC 2(rev.6.03) TRAINING FUND CONTRIBUTIONS CONTRACTOR FRINGE BENEFIT STATEMENT Project Name: Project Number: Gounty I Ldcariort: Don Burnett Bridge Fencing --�--- SantaClara Qate_s 2/21/19 17rir�re Contractor. ;Addreae City of Cupertino 10555 Mary Ave., Cupertino, CA 95014 5uboontractOn Address: _.---._--- AAA Fence Company, Inc. 2746 Scott Blvd., Santa Clara,CA 95050 - i In order°that the proper Fringe Betaefit rates can be veri#ied when checking payradls on the above contract;the HOURLY RATES for fringe benefits,subsitanre arCd/or'travel allowance payment made for employees on the various classes of work are_tabulated below. Classification: Effective Date: Subsistence brTravel`Pay: Laborer Grou 3. 6/25 18 . $ ;Health .' Paid To: Name: or' $ 8.25 Union Contract All Fringes Paid to Welfare Address: Laborer.'§.Trust Fund of Northern California u` ilenslon $_ Paid To: Name: PO Box 882913, San Francisco, CA _94188 wA.ldrew. w:_> Vacation? $ 2.75 - - Pairffio: - a�,arne; - -- - - c Holiday Mdress: tither "P dining. S 3.34 'Paid To Narn ^° and —_ _ /or Traci ng- Atlriress: j Classification Effective Mte: Subsistence or Travel Pay: Health& Pahl To: °Name: Welfare ------ ;Address: uW. Pensiorn $ laid To: ;Name: w Address: W Vacation/ Paid To: Name: Holiday Address: 'Training Paid To: Name: and/or Other Address: Classification, - Effective.Date: Subsistence or Travel Pay: Health& ; t?aid To: Name: Welfare Andress: Paid Via: Name: Address: facation7 Paid To: Name: _ L - _ . 1 ry c Holiday Address ILTraining maid To Name: and/or Other Address: _. .:�.. .. Supplemental statements d,0- ng the progress of "lock should change in.rate of any ofthe 0assifscations be trade. 6braitted: ::Contractor f.Subcontractor. By: Name f Title: Susie Motta - Office Manager City of Cupertino /AAA Fence Co., Inc. `� AAA Fence Company, Inc. DIR Registration Expiration 06/30/2019 Public Works Contractor Registration Search This is a listing of current and active contractor registrations pursuant to Division 2, Part 7,Chapter 1(commencing with section 1720)of the California Labor Code. Enter at least one search criteria to display active registered public works contractor(s) matching your selections. Registration Number:1000002526 Contractor Legal Name:AAA Fence Company, Inc. License Number:522762 Public Works Contractor Registration Web Search Results One Registered Contractor found,1 License Type/Number(s) Registration Date Expiration Date A.A.A. FENCE COMPANY, INC. 1000002526 CSLB:522762 05/11/2018 06/30/2019 i CONTRACTORS dC� STATE LICENSE BOARD - ^� ^��.° ^�"� ACTIVE LICENSE i _--- 522762 CORP AAA FENCE COMPANY INC AOL 01/31/2020 WWW.CSIb.Ca gov CITY OF CUPERTINO Finance,Department . 10300 Torre Avenue -Cupertino, CA 95014 - (408) 777—3221 BUSINESS LICENSE CERTIFICATE CONTRACTOR AAA FENCE COMPANY INC 2746 SCOTT BLVD SANTA CLARA, CA 95050 PLEASE DETACH THE BELOW LICENSE CERTIFICATE AND PLACE IN A CONSPICUOUS PLACE ON BUSINESS PREMISES This license has been paid and issued in accordance with the Cupertino Municipal Code,for the specified business location. For questions or further assistance,please see our website at www.cupertino.orq or call the City Cupertino Business License Clerk at(408)777-3221. LICENSEE NAME: AAA FENCE COMPANY INC LEGAL STATUS: CORPORATION BUSINESS NAME: AAA FENCE COMPANY INC FEDERAL TAX ID: 770154030 BUSINESS ADDRESS: 2746 SCOTT BLVD STATE TAX ID: 32089476 SANTA CLARA, CA 95050 LICENSE NUMBED: 400938 BUSINESS PHONE: (408) 727-5465 EFFECTIVE DATES: 5/1/2019 to 4/30/2020 BUSINESS EMAIL: SUSIE@AAAFENCECO.COM TOTAL PAID: $144.00 CUT ALONG DOTTED LINE ----- - --- ------- - - --- ---- - - - - --- ---- - -- - - - - -- - --- - -- -- -------- - CITY OF CUPERTINO Z4 BUSINESS LICENSE CERTIFICATE NOT TRANSFERABLE CUPERTINO CONTRACTOR LICENSE BUSINESS LICENSE #400938 AAA FENCE COMPANY INC 2746 SCOTT BLVD SANTA CLARA, CA 95050 EFFECTIVE DATE: 5/1/2019 EXPIIZATION DATE: 4/30/2020 THIS LICENSE IS ISSUED IN ACCORDANCE WITH CHAPTER 5.04 OF THE CUPERTINO MUNICIPAL CODE AND DOES NOT SANTION ANY BUSINESS ACTIVITY OR USE OF PERMISES WHICH ARE IN VIOLATION OF FEDERAL,STATE,OR LOCAL LAWS.THIS LICENSE IS ISSUED WITHOUT VERIFICATION THAT THE LICENSEE IS SUBJECT TO OR EXEMPT FROM LICENSING BY THE STATE OF CALIFORNINA. aweu- DIRECTOR OF ADMINISTRATIVE SERVICES BUSINESS LICENSE MUST BE DISPLAYED IN A CONSPICUOUS PLACE ON THE PREMISES OR VEHICLE Form Request for Taxpayer Give Form to the (Rev.October2018) Identification Dumber and (Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to wwwJrs.gov1ForrnW9 for instructions and the latest information. 1 Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank. AAA Fence Company Inc. 2 Business name/disregarded entity name,if different from above `° 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions codes apply only to mP Y P� ( PPY Y following seven boxes. certain entities,not individuals;see a instructions on page 3): a ❑ IndivlduaVsole proprietor or 0C Corporation ❑S Corporation ElPartnership ❑Trust/estate ! c single-member LLC Exempt payee code(if any) ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting +' to LLC if the LLC is classified as a single-member LLC that Is disregarded from the owner unless the owner of the LLC is code(if any) e another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that n.0 is disregarded from the owner should check the appropriate box for the tax classification of its owner. m ❑ Other(see instructions)► 011-to accounts maintained outside the U.SJ rn 5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) j in 2746 Scott Blvd. 6 City,state,and ZIP code i Santa Clara CA 95050 7 List account number(s)here(optional) g Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For Individuals,.this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later,For other -� entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. or Note:if the account is in more than one name,see the instructions for line 1.Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. M77 - 0 1 5 4 0 3 0 JjM Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must.cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct T1N.See the instructions for Part 11,later. Sign Signature of t ,--- Here U.S.person► Datet► 2/25/19 _ General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.trs.gov1FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption taxpayer identification number(ATIN),or employer identification number •Form 1099-A(acquisition or abandonment of secured property) (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(Interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No,10231X Form W-9(Rev.10-2018)