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19-125 Graham Contractors, Inc., 2019 Pavement Maintenance Phase 2
RECORDING REQUESTED BY: 24424909 City of Cupertino Regina A 1 comendras Santa Clara County - Clerk-Recorder 03/09/2020 12:29 PM WHEN RECORDED, MAIL TO: Titles:: 1 Pages: 2 City Clerk's Office Taxe Total:s: $0.000 00 City of Cupertino 10300 Torre Avenue mill FPAJf rill6�F��aF;����,�,��N�+���U�+�d"h0i k,), 11 II 1 Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 NOTICE OF COMPLETION CITY PROJECT NAME: 2019 Pavement Maintenance Phase 2 Project No. 2019-109 O Original O Conformed Copy Recording Requested By: The City of Cupertino When Recorded Mail To: <name, title> Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE §§ 6103, 27383 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE NOTICE OF COMPLETION Civil Code §§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is the agent of the owner of the Project described below. 2. Owner's full name is the City of Cupertino ("City") 3. City's address is 10300 Torre Avenue, Cupertino, CA 95014. 4. The nature of City's interest in the Project is: Fee Ownership _Lessee X Other: Right of Way 5. Construction work on the Project performed on City's behalf is generally described as follows: Rubberized chip seal and micro-surfacing, various city streets 6. The name of the original Contractor for the Project is: Graham Contractors, Inc. 7. The Project was accepted as completed on: December 13, 2019 8. The Project is located at: City of Cupertino, Various Locations Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the Conte is of this notice and that the facts stated in this noti�a true and correct. ate and Place Signatu Name and Title �> 2019 Pavement Maintenance Phase 2 NOTICE OF COMPLETION Project#2019-109 Page 9 Contract This public works contract("Contract") is entered into by and between the City of Cupertino ("City"), a municipal corporation, and Graham Contractors, Inc. ("Contractor"), for work on the 2019 Pavement Maintenance Phase 2 ("Project"). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor,has submitted a Bid Proposal and accompanying Bid Schedule, a copy of which is attached for convenience as Exhibit A, to perform the Work to construct the Project. On June 18, 2019, City authorized award of this Contract to Contractor for the amount set forth in Section 4 below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract: 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment Bond, and Performance Bond; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Award; 2.12 Notice to Proceed; 2.13 City of Cupertino Standard Details; and 2.14 The following: General Requirements, Estimated Quantities 3. Contractor's Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment,transportation, onsite facilities and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. l 4. Payment. As full and complete compensation for Contractor's timely performance and j completion of the Work in strict accordance with the terms and conditions of the Contract i Documents, City will pay Contractor$373,416.03 ("Contract Price")for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment,taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project within 40 working days from the commencement date given in the Notice to Proceed ("Contract Time"). By signing below, Contractor expressly waives any claim for delayed early completion. 2019 Pavement Maintenance Phase 2 CONTRACT Project#2019-109 Pagel 6. Liquidated Damages. If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of$1000 per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers' compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions. 8. Workers' Compensation Certification. Pursuant to Labor Code section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code section 3700 which require 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 performance of the Work on this Contract." 1 9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement or in violation of any California law, including Government Code section 1090 et seq., or the Political Reform Act, as set forth in Government Code section 81000 et seq. and its 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 under the Political Reform Act (Government Code section 81000, et seq., and regulations promulgated thereunder); or under Government Code section 1090, et seq.; or in violation of any City ordinance or requirement while serving as a City Representative or for one year thereafter. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement,or any other employee benefits from City. 2019 Pavement Maintenance Phase 2 CONTRACT Project#2019-109 Page 2 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery.. Notice for each party must be given as follows: City: Name: City of Cupertino Address: 10300 Torre Avenue City/State/Zip: Cupertino, CA 95014 Phone: 408-777-3354 Attn: Jo Anne Johnson Email:joannej@cupertino.org Copy to: pwinvoices@cupertino.org Contractor: Name: Graham Contractors, Inc. Address: 860 Lonus Street City/State/Zip: San Jose, CA 95126 Phone: 408-293-9516 Attn: DaXid Graham, President Email: in o@grahamcontractors.com Copy to: tony g@ graham contractors.com 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedures Section 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable,the remaining provisions of the Contract Documents will remain in full force and effect. 2019 Pavement Maintenance Phase 2 CONTRACT Project#2019-109 Page 3 12.7 Iran Contracting Act. If the Contract Price exceeds$1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code§2200 et seq. (the"Act'), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code section 313. [Signatures are on the following page.] I 1 2019 Pavement Maintenance Phase 2 CONTRACT Project#2019-109 Page 4 The parties agree to this Contract as witnessed by the signatures below: CONTRACTOR Graham Contractors Inc. CITY OF CUPERTINO <inse name of o for ab e> A Municipal,,C poc ion 00 y Na e avid am Roger Lee T e President Acting Director ofPubli Works ate July 16, 2 019 Date BBC%��► Name Kristen Graham Title Corporate Secretary Date July 16, 2019 APPROVED AS TO FORM: By Name nt\. - City Attorney Lj I (,x Date ATTEST: Grace Schmidt City Clerk Date (� Contract Amount: P.O. No. Account No. END OF CONTRACT 2019 Pavement Maintenance Phase 2 CONTRACT Project#2019-109 Page 5 Bond No 30058170 Premium:Included in performance bond Payment Bond The City of Cupertino ("City") and Graham Contractors, Inc. ("Contractor") have entered into a contract, dated , 20_("Contract")for work on the 2019 Pavement Maintenance Phase 2 ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and WESTERN SURETY COMPANY its surety ("Surety"), are bound to City as obligee in an amount not less than $373,416.03, under California Civil Code sections 9550, et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code section 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors, under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay the obligation. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: WESTERN SURETY COMPANY Address: 151 N.Franklin Street City/State/Zip: Chicago,IL 60606 Phone: 605-336-0850 Fax: N/A Email: Luis.Espinoza@cnasurety.com 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 2019 Pavement Maintenance Phase 2 PAYMENT BOND Project#2019-109 Page 6 7. Effective Date; Execution. This Bond is entered into and is effective on July 16 2019. SURETY: WESTERN SURETY COMPANY Business Name s/ Sam ntha Fazzini,Attorney-In-Fact Name/Title Date: 7/16/19 (Attach Acknowledgment with Surety's Notary Seal and Power of Attorney.) CONTRACTOR: GRAHAM CONTRACTORS,INC. Business Na e s/ • avid Graham, President Name/Title Date: July 19, 2019 Kristen Graham, Corporate Secretary Name/Title END OF PAYMENT BOND 2019 Pavement Maintenance Phase 2 PAYMENT BOND Project#2019-109 Page 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JUL 16 1019 before me, Justine Quinteros,Notary Public,personally appeared Samantha Fazzini who proved to me on the basis of satisfactory evidence to be the person(-s-)whose name(s)Ware subscribed to the within instrument and acknowledged to me that lie/she/thy executed the same in leis/her/theme authorized capacity{}, and that by4iis/her4om signature(s) on the instrument the person(-s), or the entity upon behalf of which the person(- ) acted, executed the instrument. I I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �s JUSTINE QUINTEROS WITNESS my hand and official seal. COMM. #2264881 z Notary Public California o z Los Angeles County j My Comm.Expires Oct.28,2022 L1,O Signature Signature of Notary Public �I i Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Tracy Aston, Tom Branigan, Edward C Spector, Lisa K Crail, Simone Gerhard, B Aleman, K D Wapato, April Martinez, Samantha Fazzini, Marina Tapia, Donna Garcia, Rosa E Rivas, Individually of Los Angeles,CA,its true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 13th day of February,2019. j �uRET° WESTERN SURETY COMPANY 'oQ?S POgYc�l Zpaul T.Brullat,Vice President State of South Dakota SS County of Minnehaha On this 13th day of February,2019,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires *� J.MOHR NOTARY PUBLIC June 23,2021 SEAL SOIRHDAKOTA sBAL J.Mohr,Notary Public CERTIFICATE I,L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day "'Sy --........,•.RE WESTERN SURETY COMPANY o ....moo,, OiLµO~P�` L.Nelson,Assistant Secretary Form F4280-7-2012 Go to www.cnasuretV.com>Owner/Obligee Services >Validate Bond Coverage,if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) County of Santa Clara ) On July 19, 2019 before me, Tony D. Gulbraa, Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the personas whose name(s) is/a,r-e-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/herAbeir signature(H)' 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. TONY D. GVBRAA Notary Public California z `� Santa Clara County z Signature �ti �' v' ��� 'G�1i/�'G�'C�� Z �' Commission #2174609 SI D g My Comm.Expires Dec 11, (Seal) (Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.) Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Right Thumbprint of Signer Above 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. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) County of Santa Clara ) On July 19, 2019 before me, Tony D. Gulbraa, Notary Public, personally appeared Kristen Graham who proved to me on the basis of satisfactory evidence to be the person() whose name,(s') is/a-re subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in�h-is/her/their-authorized capacity(+esr), and that by h-is/her/their signature(&) 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. TDNY D. cuLBRAA Notary Public California �_ ;-a Santa Clara County z Signature G��, �'�J z • Commission#2174609 D g My Comm.Expires Dec 31,2020 (Seal) (Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.) Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Right Thumbprint of Signer Above Bond No 30058170 Premium:$1,718.00 Performance Bond The City of Cupertino ("City") and Graham Contractors, Inc. ("Contractor") have entered into a contract, dated , 20 ("Contract")for work on the 2019 Pavement Maintenance Phase 2 ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as Principal and WESTERN SURETY COMPANY its surety ("Surety"), are bound to City as obligee for an amount not less than $373,416.03 to ensure Contractor's faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligations. Surety's obligations are co-extensive with Contractor's obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, and Contractor has timely provided a warranty bond as required under the Contract. Surety's obligations under this Bond will become null and void upon City's acceptance of the Project, excluding any exceptions to acceptance, if any. Otherwise Surety's obligation will remain in full force and effect until expiration of the one year warranty period under the Contract. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or back charges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor's termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety's expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining Work completed. 6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. 2019 Pavement Maintenance Phase 2 PERFORMANCE BOND Project#2019-109 Page 8 7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: WESTERN SURETY COMPANY Address: 151 N.Franklin Street City/State/Zip:Chicago,IL 60606 Phone: 605-336-0850 Fax: N/A Email: Luis.Espinoza@cnasurely.com 8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. 9. Effective Date; Execution.This Bond is entered into and effective on July 16 1 202, SURETY: WESTERN SURETY COMPANY Business Name s/ Samantha Fazzin, to'rne - n-Fact Name/1"itle [print] (Acknowledgment with Notary Seal for Surety and Surety's Power of Attorney must be attached.) CONTRACTOR: GRAHAM CONTRACTORS,INC. Business a s/ vid Graham, President Name/Title Date: July 19, 2019 Kristen Graham, Corporate Secretary Name/Title Date: July 19, 2019 END OF PERFORMANCE BOND 2019 Pavement Maintenance Phase 2 PERFORMANCE BOND Project#2019-109 Page 9 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On JUL 16 2019 before me, Justine Quinteros, Notary Public, personally appeared Samantha Fazzini who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/a-r-e subscribed to the within instrument and acknowledged to me that lie/she/they executed the same in his/her/them authorized capacity(ies), and that by4ris/her/thei-r signature(s)on the instrument the person(s), or the entity upon behalf of which the personal 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. 1USTIhJE OUINTEROS ` :; Notary Public .California n WITNESS my hand and official seal. O-�s *r " r, Los Angeles County Z N' ices Oct.28.2022 p s My Comm.Exp Signature Signature of Notary Public Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make,constitute and appoint Tracy Aston, Tom Branigan, Edward C Spector, Lisa K Crail, Simone Gerhard, B Aleman, K D Wapato, April Martinez, Samantha Fazzini, Marina Tapia, Donna Garcia, Rosa E Rivas, Individually of Los Angeles,CA, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds,undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 13th day of February,2019. �ftETl' WESTERN SURETY COMPANY 4 .C" ,.__.„.. co,,. 9 youo�` qr�_y_ ti ' CA v li wlllllllll""' aul T.Bru flat,Vice President State of South Dakota 1 JT CS County of Minnehaha On this 13th day of February,2019,before me personally came Paul T. Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls. State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so J affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. 1 My commission expires j J.MOHR NOTARYPUBUC June 23,2021 SOUTHDAOTT s�:r J.Mohr,Notary Public CERTIFICATE I,L. Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in fonm, In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of_ All _2019 "S�REr"yam%, WESTERN SURETY COMPANY R1 : POq ; IOQ` Aro n= IIIWII,I..0 Form F4280-7-2012 L.Nelson,Assistant Secretry a Go to www.cnasuretV.com >Owner/Obligee Services>Validate Bond Coverage, if you want to verify bond authenticity. Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. 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. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) County of Santa Clara ) On July 19, 2019 before me, Tony D. Gulbraa, Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person() whose name(o) is/a.r-e subscribed to the within instrument and acknowledged to me that he/she/#hey executed the same in his/her-/their authorized capacity(ies), and that by his/he--r-/their signature(.5 on the instrument the person(s), or the entity upon behalf of which the person(!5) 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. TONY O. suLBRAA Notary Public -California i Santa Clara County ZZ Signature !� � Z Commission #2174609 g My Comm.Expires Dec 31,2020 (Seal) (Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.) Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Right Thumbprint of Signer Above 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. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) County of Santa Clara ) On July 19, 2019 before me, Tony D. Gulbraa, Notary Public, personally appeared Kristen Graham who proved to me on the basis of satisfactory evidence to be the person() whose name(,$) is/are subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in-h-is/her/their authorized capacity(ies), and that by his/her/their signature( 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. 4 WITNESS my hand and official seal. TONYD. GULBRAA Notary Public -California (� Z:`'" Santa Clara County Z !` Commission #2174609 D Signature elf Q�� My Comm.Expires Dec 31,2020 Z, (Seal) (Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.) Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Right Thumbprint of Signer Above 2019 Pavement Maintenance Phase 2 General Requirements Project#2019-109 Page 10 RetgP�lest 'loft Taxpayer Give Form to the Form M cc`1 70 (Rev.October2018) d©)(��`litfficatitB[�I Number and cCertifict Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ®Go to www.irs.gov/FormW9 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. Graham Contractors, Inc. 2 Business name/disregarded entity name,if different from above m 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 illP Y P ( pP Y Y following seven boxes, certain entities,not individuals;see p_ instructions on page 3): o ❑ Individual/sole proprietor or ❑✓ C Corporation ElS Corporation ElPartnership ❑Tmstlestate (n single-member LLC Exempt payee code(if any) .G 2 ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)D, o 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 c n 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 an another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that ( Y) t� is disregarded from the owner should check the appropriate box for the tax classification of its owner. m ❑ Other(see instructions)t4 fApP1'sfoaccountsmalntatnadoWdefh°usf 5 Address(number,street,and apt,or suite no.)See instructions. Requester's name and address(optional) a) 860 Lonus Street 6 City,state,and ZIP code San Jose,CA 95126 7 List account number(s)here(optional) 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(S .However,for a -m - 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 FiEmployer identification number Number To Give the Requester for guidelines on whose number to enter. M94 - 2 3 2 8 4 5 2 L�ajrui. 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 I 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 ant no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this forum(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 rMort all interest and dividends on,your tax return.For real estate transactions,Item 2 does not apply.For mortgage Interest paid, acquisition or aba onment of secured property,cancellation of debt,contributions to an individual i �t,I� nent arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide you correct TIN.See the instructions for Part II,later. Sign' Si nature I-'Iere of �� 4����� �Dataa July 16, 2019 9 U S parson� General Mstrucfio s °Form 10,99-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 noted. , 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.irs.gov/FormW9. °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-9ro 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) CERTIFICATE OF LIABILITY INSURANCE DATD(7/S/DO, YYY) 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. a IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this tr_ certificate does not confer rights to the certificate holder in lieu of such endorsement(s). c m CONTACT a PRODUCER NAME: '— Aon Risk Insurance Services West, Inc. PHONE (866) 283-7122 F' 800-363-0105 San Jose CA office A/C.No.Ext): AIC.No.: 177 Park Avenue, suite 200 EMAIL o San Jose CA 95113 USA ADDRESS: 2 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Property cas Co of America 25674 . / Graham Contractors, Inc. INSURERB: The Travelers indemnity Co of CT 25682 �- ,�-. yY 860 LOnus Street INSURER C: P.o, Box 26770 San Jose CA 95159 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570077519020 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. Limits shown are as requested INSR LT R TYPE OF INSURANCE INSD WVD POLICY NUMBER MWDDIYYYY MMIDDIYYYY POLICY EFF POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY DT CO G TCT EACH OCCURRENCE 2,0O0,OOD A O D REN1 $300,000 CLAIMS-MADE X❑OCCUR GPREMISES Ea occurrence MED EXP(Any one person) $10,DO PERSONAL R ADV INJURY $2,000,00 - GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE ,000,000 m ` POLICY a PRO- ❑LOC PRODUCTS-COMPIOPAGG $4,000,000 r- JECT 0 OTHER: r B AUTOMOBILE LIABILITY 810-2N814736-19-26-G 05/01/2019 05/01/202 COMBINED SINGLE LIMIT $1,000,000 v' Ea accident i X ANY AUTO BODILY INJURY(Per person) 0 { OWNED SCHEDULED BODILY INJURY(Per accident) d AUTOS ONLY AUTOS PROPERTYDAMAGE HIREDAUTOS NON-OWNED Peraccident t) ONLY AUTOS ONLY A X UMBRELLA LIAS X OCCUR ZUP21N1803619NF 05/01/2019 05/01/2020 ACH OCCURRENCE $ ,DOD,DO EXCESS LLAB CLAIMS-MADE AGGREGATE f5,000,000 DIED 11 RETENTION A WORKERS COMPENSATION AND UB4K2011301926G 05/01/2019 OS Dl/202D STATUTE ERH EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNER I EXECUTIVE ❑ E.L.EACH ACCIDENT V/$1,ODD,ODD OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000— DESCRIPTION OF OPERATIONS below -- Mom• DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) -• RE: GCI Job No. 19-060, City of Cupertino 2019 Pavement Maintenance Phase 2. The City of Cupertino, its city council, officers, employees, agents, servants and volunteers are included as Additional Insured in accordance with the policy provisions of the Fa-: General Liability and Automobile Liability policies. General Liability and Automobile Liability policies evidenced herein are Primary and Non-contributory to other insurance available to an Additional insured, but only in accordance with the policy's provisions. A Waiver of subrogation is granted in favor of Contractor, its employees, agents and subcontractors in accordance with the policy provisions of the General Liability, Automobile Liability and workers' compensation policies. With respects to ti- the workers' Compensation coverage, officers and directors are excluded. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Y� EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. u City Of Cupertino AUTHORIZED REPRESENTATIVE Attn: Jo Anne Johnson t Cupertino Torre Avenue 014 USA Cupertino CA 95014 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy N mber: DT22-CO-2G512264-TCT-19 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, a. You agree in a "written contract requiring in- the Additional Insured — Owners, surance" to include as an additional insured Lessees or Contractors — Completed on this Coverage Part; and Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates; or includes such person or organization in the (b) Either or both of the following: the endorsement's schedule; Additional Insured — Owners, Les- is an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for"bodily injury", Person Or Organization endorsement "property damage" or"personal injury"; and CG 20 10, or the Additional Insured— Owners, Lessees or Contractors — b. Only as described in Paragraph (1), (2) or (3) Completed Operations endorsement below,whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only if the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of "your work" to which endorsement CG 20 10 11 85; or the "written contract requiring insurance" (b) Either or both of the following: the applies; or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor(2) above ap- sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured—Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ance of"your work"to which the"writ- insured only if the injury or damage arises ten contract requiring insurance" sp- out of "your work" to which the "written plies; and contract requiring insurance" applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or additional insured coverage to that per- omissions of such person or organi- son or organization by the use of: zation. CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum limits of liability required by the any other insured that does not qualify as a "written contract requiring insurance", the in- named insured, under such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance" will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required (1) How, when and where the 'occurrence" for the additional insured by that "written con- or offense took place; tract requiring insurance". This endorsement will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III—Limits Of Insurance. persons and witnesses; and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to "bodily injury", "prop- damage arising out of the 'occurrence" or erty damage" or "personal injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or "suit' is brought against professional architectural, engineering or sur- the additional insured, the additional insured veying services, including: must: (1) The preparing, approving, or failing to (1) Immediately record the specifics of the prepare or approve, maps, shop draw- claim or"suit'and the date received; and ings, opinions, reports, surveys, field or- (2) Notify us as soon as practicable. ders or change orders, or the preparing, approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or"suit' as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send c. The insurance provided to the additional in- us copies of all legal papers received in con- nection with the claim or"suit', cooperate with "property damage" caused by"your work" and us in the investigation or settlement of the claim or defense against the "suit', and oth- included in the products-completed opera- erwise comply with all policy conditions. tions hazard" unless the written contract re- quiring insurance" specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in- fense and indemnity of any claim or "suit' to sured during the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is ance provided to the additional insured by this available to the additional insured. However, if the endorsement is primary to other insurance "written contract requiring insurance" specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis,this insured as described in Paragraph 3. above. insurance is primary to other insurance available 5. The following is added to the DEFINITIONS Sec- to the additional insured under which that person tion: or organization qualifies as a named insured, and we will not share with that other insurance. But "Written contract requiring insurance" means that the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 0 2013 The Travelers Indemnity company.All rights reserved. CG D6 04 08 13 COMMERCIAL GENERAL LIABILITY ganization as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you; and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury" is caused by an offense committed, during in effect. the policy period and: CG D6 04 08 13 0 2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 POLICY NUMBER: DT2 0-2G512264-TCT-19 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Who Is An Insured—Unnamed Subsidiaries C. Incidental Medical Malpractice B. Blanket Additional Insured — Governmental D. Blanket Waiver Of Subrogation Entities — Permits Or Authorizations Relating To E. Contractual Liability—Railroads Operations F. Damage To Premises Rented To You PROVISIONS a. An organization other than a partnership,joint A. WHO IS AN INSURED — UNNAMED venture or limited liability company; or SUBSIDIARIES b. A trust; The following is added to SECTION II — WHO IS as indicated in its name or the documents that AN INSURED: govern its structure. Any of your subsidiaries, other than a partnership, B. BLANKET ADDITIONAL INSURED — joint venture or limited liability company, that is GOVERNMENTAL ENTITIES — PERMITS OR not shown as a Named Insured in the AUTHORIZATIONS RELATING TO OPERATIONS Declarations is a Named Insured if: The following is added to SECTION II — WHO IS a. You are the sole owner of, or maintain an AN INSURED: ownership interest of more than 50% in, such subsidiary on the first day of the policy period; Any governmental entity that has issued a permit and or authorization with respect to operations b. Such subsidiary is not an insured under performed by you or on your behalf and that you are required by any ordinance, law, building code similar other insurance. or written contract or agreement to include as an I No such subsidiary is an insured for"bodily injury" additional insured on this Coverage Part is an j or "property damage" that occurred, or "personal insured, but only with respect to liability for"bodily and advertising injury" caused by an offense injury", "property damage" or "personal and committed: advertising injury"arising out of such operations. a. Before you maintained an ownership interest The insurance provided to such governmental of more than 50% in such subsidiary; or entity does not apply to: b. After the date, if any, during the policy period a. Any bodily injury", "property damage" or that you no longer maintain an ownership "personal and advertising injury" arising out of interest of more than 50% in such subsidiary. operations performed for the governmental entity; or For purposes of Paragraph 1. of Section II —Who b. Any "bodily injury" or "property damage" Is An Insured, each such subsidiary will be included in the "products-completed deemed to be designated in the Declarations as: operations hazard". CG D3 16 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY C. INCIDENTAL MEDICAL MALPRACTICE pharmaceuticals committed by, or with the 1. The following replaces Paragraph b. of the knowledge or consent of,the insured. definition of "occurrence" in the 5. The following is added to the DEFINITIONS DEFINITIONS Section: Section: b. An act or omission committed in providing "Incidental medical services" means: or failing to provide "incidental medical a. Medical, surgical, dental, laboratory,x-ray services", first aid or "Good Samaritan or nursing service or treatment, advice or services to a person, unless you are in instruction, or the related furnishing of the business or occupation of providing � professional health care services. food or beverages; or 2. The following replaces the last paragraph of b. The furnishing or dispensing of drugs or Paragraph 2.a.(1) of SECTION 11 — WHO IS medical, dental, or surgical supplies or AN INSURED: appliances. Unless you are in the business or occupation 6. The following is added to Paragraph 4.b., of providing professional health care services, Excess Insurance, of SECTION IV — Paragraphs (1)(a), (b), (c) and (d) above do COMMERCIAL GENERAL LIABILITY not apply to "bodily injury" arising out of CONDITIONS: providing or failing to provide: This insurance is excess over any valid and (a) "Incidental medical services" by any of collectible other insurance, whether primary, your "employees" who is a nurse, nurse excess, contingent or on any other basis, that assistant, emergency medical technician is available to any of your "employees" for or paramedic; or "bodily injury" that arises out of providing or (b) First aid or"Good Samaritan services" by failing to provide "incidental medical services" any of your "employees" or "volunteer to any person to the extent not subject to workers", other than an employed or Paragraph 2.a.(1) of Section 11 — Who Is An volunteer doctor. Any such "employees" Insured. or"volunteer workers" providing or failing D. BLANKET WAIVER OF SUBROGATION to provide first aid or Good Samaritan services" during their work hours for you The following is added to Paragraph 8., Transfer i will be deemed to be acting within the Of Rights Of Recovery Against Others To Us, scope of their employment by you or of SECTION IV — COMMERCIAL GENERAL performing duties related to the conduct LIABILITY CONDITIONS: of your business. If the insured has agreed in a contract or 3. The following replaces the last sentence of agreement to waive that insured's right of Paragraph 5. of SECTION III — LIMITS OF recovery against any person or organization, we INSURANCE: waive our right of recovery against such person or i For the purposes of determining the organization, but only for payments we make applicable Each Occurrence Limit, all related because of: acts or omissions committed in providing or a. "Bodily injury" or "property damage" that failing to provide "incidental medical occurs; or services", first aid or "Good Samaritan services"to any one person will be deemed to b. "Personal and advertising injury" caused by be one"occurrence". an offense that is committed; 4. The following exclusion is added to subsequent to the execution of the contract or Paragraph 2., Exclusions, of SECTION 1 — agreement. COVERAGES — COVERAGE A — BODILY E. CONTRACTUAL LIABILITY—RAILROADS INJURY AND PROPERTY DAMAGE LIABILITY: 1. The following replaces Paragraph c. of the Sale Of Pharmaceuticals definition of "insured contract" in the "Bodily injury" or "property damage" arising DEFINITIONS Section: out of the violation of a penal statute or c. Any easement or license agreement; ordinance relating to the sale of Page 2 of 3 ©2017 The Travelers Indemnity Company.All rights reserved. CG D3 16 02 19 Includes copyrighted material of Insurance Services Office,Inc„with its permission. COMMERCIAL GENERAL LIABILITY 2. Paragraph f.(1) of the definition of "insured a. Any premises while rented to you or contract" in the DEFINITIONS Section is temporarily occupied by you with permission deleted. of the owner; or F. DAMAGE TO PREMISES RENTED TO YOU b. The contents of any premises while such The following replaces the definition of"premises premises is rented to you, if you rent such damage" in the DEFINITIONS Section: premises for a period of seven or fewer consecutive days. "Premises damage" means "property damage"to: I CG D3 16 02 19 ©2017 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NU ER. 810-2N814736-19-26- COMMERCIAL AUTO THIS ENDO MENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF B. BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION C. EMPLOYEE HIRED AUTO EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section II. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II — COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow; and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any auto'that is leased, hired, of the United States of America, Puerto Rico and Canada: rented or borrowed with a driver is not a covered"auto". (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- tle any such claim or"suit" and keep The following is added to Paragraph A.1., Who Is us advised of all proceedings and ac- An Insured, of SECTION II—COVERED AUTOS tions. LIABILITY COVERAGE: (ii) Neither you nor any other involved Any "employee" of yours is an "insured"while us- "insured" will make any settlement ing a covered "auto"you don't own, hire or borrow without our consent. in your business or your personal affairs. (ill)We may, at our discretion, participate E. SUPPLEMENTARY PAYMENTS — INCREASED in defending the "insured" against, or LIMITS in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv)We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily cluding bonds for related traffic law viola- injury" or"property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, of of SECTION II—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for the reasonable expenses incurred "insured" at our request, including actual loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED WORLDWIDE COV- "suit", but only up to and included j ERAGE—INDEMNITY BASIS within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY COVERAGE, and not in TIONS: addition to such limit. Our duty to { (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the insurance in payments for damages, settlements or defense expenses. United States of America applies to and pro- i hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the Insured"whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. I without a driver for a period of 30 days or less (c) This insurance is not a substitute for re- l and that is not an "auto" you lease, hire, rent quired or compulsory insurance in any or borrow from any of your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will coverage. not invalidate the coverage afforded by this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto"you own that in- United States of America, its territories flate due to a cause other than a cause of'loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that "auto" is a covered "auto"for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident' or 'loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident' or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one"accident'. (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the"accident' or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto"of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph A.4., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- signed and executed prior to any "accident' parel and other personal property which is: or"loss", provided that the"accident' or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 ©2015 The Travelers Indemnity Company.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. /�� WORKERS COMPENSATION TRAVELERS AND ONE TOWER SQUARE EMPLOYERS LIABILITY POLICY HARTFORD, CT 06183 ENDORSEMENT WC 99 03 76 ( A)— 001 POLICY NUMBER: UB-4K201130-19-26-G WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 03.000 % of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. 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' -2019 Policy Wo. UB-41<201130-19-26-G Endorsement No. Insured Graham Contractors, Inc. Premium Travelers Property Casulaty Company of America Countersigned by DATE OF ISSUE: 05-01-19 ST ASSIGN: Page 1 of 1 7/22/2019 Travelers Property Casualty Company of America-Company Profile-Best's Credit Rating Center Travelers Property Casualty Company of America A.M. Best#: 004461 NAIC#:25674 FEIN#: 362719165 Domiciliary Address One Tower Square FirtanciW Shwgth Rating Hartford, CT 06183 qtpot BEST United States A+# Sum Assigned to insurance Web: www.travelers.com companies that have, in our Phone: 860-277-0111 opinion, a superior ability to Fax: 844-816-9447 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058470 - The Travelers Companies, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A++ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: October 31, 2018 Initial Rating Date: June 30, 1972 Long-Term Issuer Credit Rating View Definition Long-Term: aa+ Outlook: Stable ratings.ambest.com/CompanyProfile.aspx?ambnum=4461&URatingld=2928293&bl=0&AltSrc=9&PPP=&AltNum=O&Ext_User=&Ext_Misc=&Portal=0&... 1/4 1 Rle City of Cupertino Inspector's Dacur - t CIPF09-07 10300 Torre Avenue Cupertino,CA95014-3202 CONTRACT CHANGE Telephone:408-777-3354, Fax:408-777-3333 ORDER FORM w/ CM Change Order 1 TO: Graham Contractors PROJECT: 2019 Pavement Maintenance Project- Phase 2 (City Project No. 2019-109) Change Requested By: City of Cupertino You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on this contract: Add Rubberized Chip Seal to Upland Ct, Upland Way and Noon Ct Item No. Description Unit Quantitv Unit Cost Total Cost 3 Rubberized Chip Seal on additional SY 4,776 $5.55 $26,506.80 streets Note: See attached spreadsheet for quantity breakdown on each street. this change order total: $26,506.80 Previous Change Order Amount: $ - Total Cost This Change Order: $26,506.80 Total Changes To Date Including This Change Order: $26,506.80 Original Contract Amount: $ 373,416.03 Revised Contract Amount: $399,922.83 Contract Time Adjustment:1 0 Working Days We,the undersigned Contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all equipment,furnish all materials,except as otherwise be noted herein,and perform all services necessary for the work above specified,and will accept as full payment therefore the prices shown herein. Note: This Change Order is not effective until approved by the Town Manager. Accepted, ,2019,Contractor: Graham Contractors Date: 10/2/2019 By. JJ Waiters °Title:Project Manager If the Contractor does not sign acceptance of this Change Order,his attention is directed to the requirements of the specifications as to proceeding with ordered work and filing a written protest within the time therein specified. Recommended By: (;01�244— Date: September 20, 2019 , 2019 Construction Manager: Approval2019 Recommended: Q �t,VLt'1.� .!,`�:1�i 1 \ Date: `y�I z 1 .) i Project Manager igS gnature e Approved: �/;'/ Date: 2019 Public W /,prl<s Director/City Engineer Signature 7/22/2019 The Travelers Indemnity Company of Connecticut-Company Profile-Best's Credit Rating Center The Travelers Indemnity Company of Connecticut A.M.Best#: 002517 NAIC#: 25682 FEIN#: 060336212 Domiciliary Address One Tower Square imnoia1 gth Rating Hartford, CT 06183 B SST United States A++ Superior Assigned to insurance Web: www.travelers.com companies that have, in our Phone: 860-277-0111 opinion, a superior ability to Fax: 860-277-7002 meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A.M. Best's analysis, 058470 - The Travelers Companies, Inc. is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A++ (Superior) Affiliation Code: g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: October 31, 2018 Initial Rating Date: December 31, 1907 Long-Term Issuer Credit Rating View Definition Long-Term: aa+ Outlook: Stable ratings.ambest.com/CompanyProfile.aspx?ambnum=2517&U Rating Id=2928293&bl=0&AltSrc=9&PPP=&AltNum=0&Ext_User=&Ext_Misc=&Portal=0&... 1/4