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19-182 Barth Roofing Company, Recoating the Service Center Mechanics' Bay Roof
3/18/20 4 5 CITY OF PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract{"Contract")is made and entered into on l ("Effective Date")by and between the City of Cupertino,a municipal co z or tion{"City"),and Barth Roofing Comapny Inc. a Corporation ("Contractor")for recoating the Sei vice Center Mechanics'Bay roof 2. SCOPE OF WORK Contractor will perform and provide all labor,materials,equipment,supplies,transportation and any other items or work necessary to perform and complete the work required for the Project("Work"),as required in the Scope of Work,attached here and incorporated as Exhibit A,and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term.This Contract begins on the Effective Date and ends on Decmber 31,2019 {"Contract Time")unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed{"NTP")and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed.The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time,resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments.Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain,such as loss of public confidence in City and its contractors, interference or loss of use of public facilities,and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$31,760,00 ("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 Service Center Mechanics'Bay Roof Recoating Public Works contract$80,000IRev.Jan.02, Fog Page I of 11 I G 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):C39 ,which must remain valid for the entire Contract Time. 5.4 Subcontractors.Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor,and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools,Materials and Equipment.Contractor will supply all tools,materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes.Contractor must pay income taxes on the money earned under this Contract.Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CIUNGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor.Contractor's request for a change order must specify the proposed changes in the Work,Contract Price,and Contract Time.Each request must include all the supporting documentation,including but not limited to plans/drawings,detailed cost estimates,and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS 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°l0) or more of the voting power of the business entity.This Contract is binding on Contractor,its heirs, successors and permitted assigns Public Works Project Service Center Mechanics' Bay Roof Recoatincl Public Works Contract$60,OOOIRev 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 2s %of the Work,provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project,if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City.A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10, RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project.The reports must describe the Work and specific tasks performed,the number of workers,the hours,the equipment,the weather conditions,and any circumstances affecting performance. City will have ownership of the reports,but Contractor will be permitted to retain copies. 10.2 If applicable,Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur.Actual locations to scale must be identified for all major components of the Work,including mechanical,electrical and plumbing work;FrVAC systems;utilities and utility connections;and any other components City determines should be included in the final drawings of the Project.Deviations from the original drawings must be, shown in detail,and the location of all main runs,piping, conduit,ductwork,and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work,in accordance with generally accepted accounting principles,which must be available for City review and audit,kept separate from other records,and maintained for four years from the date of City's final payment. Public Works Project Service Center Mechanics' Bay RoofRecoatina Public Works Contract v$60,000 Rev.Jan.02,2019 Page 3 of-11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law,and except for losses caused by the sole and active negligence or willful misconduct of City personnel,Contractor shall indemnify,defend,and hold harmless City,its City Council,boards and commissions,officers,officials,employees,agents, servants,volunteers and consultants("Indemnitees'),through legal counsel acceptable to City,from and against any and all liability,damages,claims, stop notices,actions,causes of action,demands, charges,losses and expenses(including attorney fees,Iegal costs and expenses related to litigation and dispute resolution proceedings),of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract,obligations,representations or warranties; (b)Performance or nonperformance of the Work or of any obligations under the Contract by Contractor,its employees,agents,servants,subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site; and (d) Personal injury,property damage,or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision.Contractor must accept a tender of defense upon receiving notice from City of a third party claim, in accordance with California Public Contract Code Section 9201.At City's request,Contractor will assist City in the defense of a j 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' i Compensation or other employee benefits,or the insurance and bond coverage required in this Contract.Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract,a purchase order or other transaction. 12. INSURANCE Contractor shall comply with the Insurance Requirements,attached and incorporated here as Exhibit B.Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City.City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type,amount,class of operations covered,and the effective and expiration dates of coverage.Failure to comply with this provision may result in City,at its sole discretion and without notice,purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation,or terminating the Contract. Public Works Project Service Center Mechanics' Bay Roof Recoa(ina Pubs Works Contract$60,000/Rev.Jan.02,2019 Page 4 of 11 13, COMPLIANCE WITH LAWS 13.1 General Laws.Contractor shall comply with all laws and regulations applicable to this Contract.Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work,as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (1) Prevailing wage laws under Labor Code Section 1775,which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification,or type of worker needed to perform the Work,including health, pension and vacation.The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812,and,electronically submit them to the Labor Commissioner as required by the regulations of California,Department of Industrial Relations CUR"); (iv) Comply with DIR Monitoring,Enforcement and Registration requirements of i Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work.Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861,by signing this Contract Contractor certifies as follows:"I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and i will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws.Contractor shall not discriminate on the basis of race,religious creed, color,ancestry,national origin,ethnicity,handicap,disability,marital status,pregnancy,age,sex, gender,sexual orientation,gender identity,Acquired-Immune Deficiency Syndrome(AIDS)or any other protected classification.Contractor shall comply with all anti-discrimination laws,including Government Code Sections 12900 and 11135,and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination,Contractor understands that harassment and discrimination directed toward a job applicant,an employee,a City employee, or any other person,by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project Service Center Mechanics' Bay Roof Recoatina Public Works Contract$60,000/Rev.Jan.02,2019 Page 5 of 11 13.4 Conflicts of Interest.Contractor,its employees,subcontractors,servants and agents,may not have,maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations.No officer, official,employee,consultant,or other agent of the City("City Representative")may have,maintain,or acquire a"financial interest"in the Contract,as that term is defined by state law,or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor,its employees,subcontractors,servants and agents warrant they are not employees of City or have any relationship with City officials,officers or employees that creates a conflict of interest.Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity,as defined in section 18700 of the California Code of Regulations.Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursement,or terminating the Contract.City reserves all rights and remedies under the law and this Contract,including seeking indemnification. 14. BONDS For contracts of$25,000 or more,Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100°/a of the Contract Price,using the Bond Forms attached and incorporated here as Exhibit C.Each bond must be issued by a surety admitted in California,with a financial rating from A.M.Best Company of Class A-or higher,or as otherwise acceptable to City.If an issuing surety cancels a bond or becomes insolvent,Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City.If Contractor fails to do so,City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense, deduct the cost from payments due Contractor,or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES,TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert("USA")811 hotline and request marking of utility locations before digging or commencing Work.For underground service alerts for street lighting and traffic signal conduits,City's Service Center must be called at(408)777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104,Contractor must stop work,notify City in writing, and wait for instructions if one of the conditions below is found at the worlcsite. 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 worlcsite differing from those indicated by information about the worlcsite made available to Contractor;and Public Woks Project Service Center Mechanics' Bay Roof Recoatina 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 fiom those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts$25,000 or higher that require excavation or involve trenches five feet or more in depth,Contractor must submit a detailed plan for City approval,per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring,bracing,sloping and other provisions for worker protection from caving ground and other hazards.The protective system must comply with all Construction Safety Orders.If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading.If water is used for dust control,Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets,gutters and storm drains.Prior to the start of the Work,Contractor will implement erosion and sediment controls to prevent pollution of storm drains,and must upgrade and maintain these controls based on weather conditions or as otherwise required by City.These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include,but will not be limited to,the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers,Ater fabric fences,and block and gravel filters at all drain inlets impacted by construction.During the annual rail.y 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. Public works Project$_Qtvice Center Mechanics' Bay Roof Recoatina _ Public Works Contract$60,000 Rev.Jan.02,2019 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Ken Tanase 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. Con ractor Pro��e--ct Manager. Subject to City approval, Contractor assigns N4ark h L� as its single representative for all purposes under this Cont act, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work,consistent with the Scope of Work. Any substitutions must be approved in writing by City. I 18. ABANDONMENT AND TERMINATION i 18.1 City may abandon or postpone the Project or parts therefor at any time.Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work.With City's pre-approval in writing,the time spent in closing out the Work will be compensated up to 10%of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work,products and deliverables completed.Nothing in the Section below is intended to delay, abridge or bar City's right under this Section. 19. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION t i 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 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 Service Center Mechanics'-Bay RgQf Recoatina Public Works Contract$60,000 Rev.Jan.02,2019 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property,except signage which is required by law or by the Contract,without City's prior written approval as to size,design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials, and that the Work will be free fi•om 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 acid 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 The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties,indemnities,payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Service Center Mecha ics' Bay Roof Recoatina Public Works Contract$60,000/Rev.Jan.02,2019 Page 9 of I 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 nustaken insertions or omissions of required provisions. 30. CAPTIONS The captions,titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices,requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery,the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail,postage prepaid, registered or certified,or the next business day following electronic submission: I i To City of Cupertino: To Contractor: 10300 Torre Avenue, Cupertino CA 95014 Barth Roofing Company hic. Attention: Ken Tanase Attention: Ma4&Bft+ Y— \A Jy 1✓S l�V\}k Copy to: Carl Valdez Copy to: Email: kent(a)cupertino.org Email: rlc�eefir -eerrr- Ll/t 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if(a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee,and(c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation,signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project Service Center McQhanics' Bay Roof Recoatina Public Works Contract$60,000 Rev.dan.02,2019 Page 10 of 11 IN WITNESS WHEREOF,the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Barth Roofing Company Inc. CITY OF CUPERTINO, a Municipal Corporation Corporation By: By: - Tirnrrf or4 - Title:-Prtfijl get Title: Director of Public Works Signature Date: 0)1 I L Signature Date: r APPROVED AS TO FORM: By: HEATHER M.MINNER Cupertino City Attorney i ATTEST: f By: ( f G CE SCHMIDT,City Clerk Public Works Project$eryice Center Mechanics' Bay Roof Recoatincl Public Works Contract$60,000/Rev.Jan.02,2019 Page 11 of 11 Barth Roofing Company Inc. Service Center Mechanics' Bay Recoating Proposal Amount $ 26,760.00 Description Repair and coat roof over the Mechanics' bays. Account# 100-87-829-900-990 Proposal Amount Description Account# Allowance Amount Description Account# Unforeseeables/Extras SUBTOTAL $ 26,760.00 Contingency $ 5,000.00 CONTRACT TOTAL $ 31,760.00 PW Supervisor Ken Tanase Carl Valdez I Superi to°ndent Date EXH I B IT "All Page of 4 Pages -11 °� �� 4384 West Pine Haven Drive,Tracy,CA 95304 P(209)833.9917®F(209)833.8096 R(_)(D F l N f_.} Contractor Lic.#760030 Construction Contract Building Improvement Owner:City of Cupertino Property Address:10555 Mary Ave, Cupertino CA "You are entitled to a completely fitted In copy of this agreement,signed by both you and the contractor,before any work may be started." P ; 5@CtI011 e SCOPE OF WORK: 1, Clean,prep and prime existing roof system. 2. Provide repairs and install Roof Recovery System per MBTech Specifications and Roof Assessment, 3- Barth Roofing 3-year workmanship warranty. I I nit38is---- Section 13: $25,980.00 Initials. I Section 8 only To include payment/performance bond Add: $780.00 .Initials. Qualifications: -Project Is bid at CA prevailing wage rates dated 04/30/2019 -DIR#100001384 THE CONTRACT PRICE: owner shall pay Contractor the fixed sum of$ (the"Contract Price")for the work to be performed under this Contract,subject to additions and deductions pursuant to change orders agreed upon in writing by the parties,and subject to"allowancQs"as provided in this Paragraph 3. The Contract Price can include specific dollar amounts that are set aside for certain materials,finishes,fixtures,and other items that have not been selected or decided upon by the Owner.These allowances form the Contractor include all overhead and profit,plus all applicable sales taxes.if the final cost of any Item covered by the allowance is more or less than the dollar amount listed,the Contract Price will be increased or decreased by a written change order from the Contractor. EXH I BIT "All Page of 4 Pages NOTICE TO OWNER: Under the California Lien Law any contractor,sub-contractor,laborer,supplier,or other person who helps to Improve Owner's property but is not paid for his/her work or supplies,has a right to enforce a claim against Owner's property.This means that after a court hearing,Owner's property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness.This can happen even if Owner has paid Owner's contractor in full if the subcontractors,laborers,or suppliers remain unpaid. To preserve their right to file a claim or lien against Owner's property,certain claimants such as subcontractors or material suppliers are required to provide Owner with a document entitled"Preliminary Notice."Original(or prime)contractors and laborers for wages do not have to provide this notice.A Preliminary Notice Is not lien against Owner's property.its purpose is to notify Owner of persons who may have a right to file a lien against Owner's property If they are not paid.(Generally,the maximum time allowed for filing a claim or lien against Owner's property is ninety(90)days after completion of Owner's project.) TO ENSURE EXTRA PROTECTION FOR OWNER AND OWNER'S PROPERTY,OWNER MAY WiSH TO TAKE ONE OR MORE OF THE FOLLOWING STEPS: (1) Require that Owner's contractor supply Owner with a payment and performance bond(not license bond),which provides that the bonding company will either compete the project or pay damages up to the amount of the bond.This payment and performance bond as well as a copy of the construction contract should be filed with the county recorder for Owner's further protection. (2) Require that payments be made directly to subcontractors and material suppliers through a joint control.Anyjoint control agreement should Include the addendum approved by the Registrar of Contractors. (3) issue joint checks for payment,made out to both Owner's contractor and the subcontractor or material suppliers Involved in the project.This will help to insure that all persons due payment are actually paid. (4) After making payment on any completed phase of the project,and before making any further payments,require Owner's contractor to provide Owner with unconditional lien releases signed by each material supplier,subcontractor and laborer involved In that portion of the work for which payment was made.On projects involving improvements to a single family residence or a duplex owned by individuals,the persons signing these releases lose the right to file a claim against Owner's property.In other types of construction this protection may still be important,but may not be as complete.TO PROTECT OWNERRSELF UNDER THiS OPTION,OWNER MUST BE CERTAINTHAT ALL MATERIAL SUPPLIERS, SUNCONTRACTORS AND LABORERS HAVE SIGNED. (5) Contracting firm shall not be liable for any Interior damages due to weather uncertainties or act of God that may occur during the progress of work completion. Barth Roofing retains all excess material.Owner will be responsible for any interior building code upgrades,such as smoke detectors.All agreements are contingent upon strikes,accidents,or delays,beyond the control of Barth Roofing.Owner is to carry fire,tomado or other necessary insurance covering the above work. Workers Compensation and General Liability Insurance on the above work will be provided by Barth Roofing. NOTICE OF CANCELLATION(THREE-DAY RIGHT TO CANCEL): Owner may cancel this Agreement in writing,without any penalty or obligation,within three business days of the acceptance date.If Owner cancels this Agreement,any property traded in,any payments made by Owner under the Agreement,and any negotiable instrument executed by Owner will be returned within 10 days following receipt by Barth Roofing of Owner's written cancellation notice,and any security interest arising out of the transaction will be cancelled. If Owner cancels this Agreement,Owner must make available to Barth Roofing at Owner's residence,in substantially the same condition as when received,any goods delivered to Owner under this Agreement,or Owner may,If Owner wishes,comply with the instructions of Barth Roofing regarding the return shipment of the goods at Barth Roofing's expense and risk. If Owner does make the goods available to Barth Roofing and Barth Roofing does not pick them up within 20 days of the date of Owner's notice of cancellation,Owner may retain or dispose of th a goods without any further obligation.If Owner falls to make the goods available to Barth Roofing,or if Owner agrees to return the goods to Barth Roofing and fails to do so,then Owner remains liable for performance of all obligations under the contract. To cancel this transaction,mail or deliver a signed and dated copy of this cancellation notice,or any other written notice to: Barth Roofing Company,Inc.,at 4384 W Pine Haven Drive Tracy CA 95304 or fax to(209)833-8096 not later than midnight of the third business day after signing the Proposal. I hereby cancel this transaction.Date: Owner's Signature:_ EXHIBIT it A ti Page of 4 Pages GUARANTEE: Barth Roofing guarantees that the roof will be free from defects in materials and/or workmanship for two(2)years from the date of substantial completion of the work,unless specified different on proposal page.An extended warranty is available at a cost per square foot in addition to the above listed contract price. CHANGE ORDERS: Should Owner and/or owner's representative and/or the City and/or County require any modifications to the work covered under this Agreement,any cost incurred by Contractor shall be added to the contract price as extra work and Owner and/or Owner's representative agrees to pay Barth Roofing for such extra work.All extra work as well as any other modification to the Agreement shall be specified In a change order.All change orders shall become a part of this contract and shall be incorporated herein. Leaks must be reported within 12 hours of occurrence,to prevent excessive damage. Contractors are required by law to be licensed and regulated by the Contractors State Licensing Board.Any questions concerni ng a contractor may be referred to the Registrar Contractors State Licensing Board,9835 Goethe Road,Sacramento,CA mailing address: PO Box 26000 Sacramento,California 95827. DISPUTES: If a dispute between the parties hereto arises out of this Agreement,the parties shall first attempt to resolve the dispute by mediation,wherein each party will agree to select a Mediator JAMS to hear both sides of the dispute,and attempt to reach a meaningful and complete resolution.The parties shall share the mediator's fees and any associated costs equally. If mediation fails the dispute shall be resolved by way of filing a legal action In the Superior Court of the State of California,County of San Joaquin.The prevailing party shall be entitled to expenses and costs including but not limited to their reasonable attorney fees. ASSIGNMENT: i Barth Roofing and Owner shall not assign or transfer their respective rights or obligations underthis Agreement without the prior written consent of the other. COMPLETE AGREEMENT: The parties hereto agree that all other discussions,promises,and agreements are incorporated into this Agreement,and that there are no other promises,conditions or agreements not set forth herein,and that they have entered into this agreementfreely a nd voluntarily. 1 DOWN PAYMENT&SCHEDULE OF PROGRESS PAYMENTS. Progress Payment#1 is due at the time of material delivery.The amount due for Progress Payment#1 is 500A of entire project. Final Payment is due at completion of the work.The amount due for Final Payment is the remainder of the contracted amount and all change orders. Effective January 1,2019,a 3.0%surcharge will be applied to all payments by credit card in satisfaction of a credit account balance to cover 3rd party processor fees. FINANCE CHARGE: "Interest at 1.5%will be charged on all unpaid accounts after 30 days from date of completion of work or delivery of material."In the event it is necessary to take any legal action to collect on any balance owing for labor or materials furnished in accordance with this agreement,Owner agrees to pay ail costs thereof,Including reasonable attorney fees." AMENDMENT TO EXHIBIT A OF THE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BARTH ROOFING COMPANY INC. This Amendment to Exhibit A of the Agreement between the City of Cupertino and Statcomm Inc, for reference dated 9/20/2019, is by and between the CITY OF CUPERTINO, a municipal corporation(hereinafter "City") and Barth Roofing Company Inc., a Corporation ("Consultant")whose address is 4384 West Pine Haven Drive, CA and is made with reference to the following: RECITALS: A. On 9/20/2019, an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for recoating the Mechanics' Bay roof at the Service Center. The agreement will expire on 12/31/2020. B. The Agreement and the Amendment to Exhibit A 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 is amended to add the following provision: To the extent any term, clause, or provision of this Exhibit A conflicts with any other term, clause, or provision of the contract ("Contract Terms")the Contract Terms shall prevail and be controlling. 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 RECOMMEND F- RR AP ROV By By Title jnuP.�r` C'7��r ►fir Title �L;2✓�L �` « UJ=�� APPROVED AS TO FORM City Attorney A T: J � 0 City Clerk 1 t— 'j� PUBLIC WORKS,C'UNSTRUCTI®N CO1VTI ACTS'rall 'rofets Xnscrance:RequirenteanPs• xhabPB Contractor shall procure and maintain for the duration of the contract,and for jive 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. MINE UM SCOPE AND LIMIT OF INSURANCE Covers 6'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 arising from Contractor's or Subcontractor's acts or omissions, including Contractor's protected coverage, blanket contractual, products and completed operations,vehicle coverage and employer's non-ownership liability coverage, with limits of at least$2,000,000 per occurrence. The CGL policy must protect against any and all liabilityforpersonal injury,death,property damage or destruction,and personal and advertising injury.If a general aggregate limit applies,either the general aggregate limit shall apply separately to this project/location(ISO CG 25 03 or 25 04)or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement under this agreement that any avai(able 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 specked 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 CO 20 01 0413 c. The lnnits 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 ofPermissiou to Self-Insure, duly authorized by the DM N/A if box checked(Contractor provides written verification it has no employees), 4. Professional Liability with limits no less than$1,000,000 per occurrence or claim,and$2,000,000 aggregate, tX 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 limi Uqual 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). Insurance Require»tends for Construction Contracts-$60,000 Version:Jan.2019 1 6. Contractors'Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less han$1,000,000 per occurrence or claim,and$2,000,000 policy aggregate. I 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. ,S'elf-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. OTHZR INSURANCE PROVISIONS Th nsuranee policies are to contain,or be endorsed to contain,the following provisions: lAddidonalInsured 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 It 85 or if not available,through the addition of both CG 2010,CG 20 26,CG 20 33, or CO 20 38;and CG 20 37 if a later edition is used. Primary Coverage 1 For any claims related to this Project,Contractor's insurance coverage shall be"primary and non-contributory"and at least as broad as ISO CG 20 01 0413 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 uz 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 n.on-contributory"basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled,except with notice to the City.Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced,cancelled or allowed to expire without at least 30 days advance written notice to City,unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City.Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage,which shall name the City as a loss payee,as its interest may appear.The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100%completed value basis on the insurable portion of the Project,with no coinsurance penalties,and for the benefit of City.If the Project does not involve new or major reconstruction,City may elect,acting in its sole discretion,to accept an Installation Floater policy instead of Builder's Risk. For such projects,the Property Installation Floater shall include improvement,remodel,modification,alteration,conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building,structure,machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work,including during transit,installation,and testing at the City's site. Insurance ReguiremenLsfor Construction Contracts-$GQ 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 inay 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 tp affect this waiver of subrogation.The Workers'Compensation policy shall be endorsed with a waiver of subrotfon ut favor of the City for all work performed by the Contractor,its employees,agents and subcontractors. ceptability 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 herein,and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.For ' CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents.The Payment and Performance Bonds shall be in a sum equal to the Contract Price.If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary.If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements,based on the nature ofthe risk,prior experience,insurer,coverage, or other circumstances. Insurance Requirements for Construction Contracts-AGO,000 Version:Jan.2019 3 A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD[9 YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Beach&O'Neill Ins Associates PHONE FAX License#: OK07568 arc No Ext: 916-676-0844 E-MAILarc No):916-676-0860 7520 Greenback Ln ADDRESS: Citrus Heights CA 95610 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Tokio Marine Specialty Ins * 23850 INSURED BARTH-1 INSURERB:Ohio Casualty Insurance Co Barth Roofing Company Inc 24074 4384 Pinehaven Dr. INSURER C: Tracy CA 95304 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1492394817 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. INTR TYPE OF INSURANCE ADDL SUER POLICY N MBER MM/POLDYYYYY MM/DDrYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y PPK1918182 L 12/8/2018 12/8/2019; EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY FX]PEA LOC PRODUCTS-COMP/OP AGG $2,000,000 -� OTHER: $ B AUTOMOBILE LIABILITY Y BA057287736 5!1/2019 5/1/2020 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident AUTOS ONLY AUTOS ) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L I $ A UMBRELLALIAB X OCCUR PUB674770 5/2/2019 12/8/2019 EACH OCCURRENCE $2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I ER ANYPROPRI ETOR/PARTNER/EXECUTI VE OFFICER/MEMBEREXCLUDED? ❑ NIA E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Public Works Construction Contracts/California Construction Authority The City of Cupertino,its City Council,officers,officials,employees,agents, servants,and volunteers are named as additionally insured CG2033 0413.*Primary Wording and Per Project Aggregate applies per attached endorsement. *Waiver of Subrogation applies to General Liability per attached endorsement.*Auto additionally insured applies per endorsement CA 88 10 01 13. 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. California Construction Authority 1776 Tribute Road, Suite#220 Sacramento CA 95815 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PPK1918182 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage" or "personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions;or prepare or approve, maps, shop drawings, 2. The acts or omissions of those acting on your opinions, reports, surveys, field orders, change orders or drawings and behalf; specifications;or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; and in the supervision, hiring, employment, training or 2. Will not be broader than that which you are monitoring of others by that insured, if the required by the contract or agreement to 'occurrence" which caused the "bodily injury" or provide for such additional insured. "property damage", or the offense which caused the "personal and advertising injury", involved the A person's or organization's status as an rendering of or the failure to render any additional insured under this endorsement ends professional architectural, engineering or when your operations for that additional insured surveying services. are completed. CG 20 33 0413 © Insurance Services Office, Inc., 2012 Pagel of 2 2. 'Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III —Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed;or b. That portion of "your work"out of which the 2. Available under the applicable Limits of Insurance shown in the Declarations; injury or, damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 0 Insurance Services Office, Inc., 2012 CG 20 33 0413 Policy Number: PPK1918182 PIC-GLN-020 (10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirely and replaced with the following condition: 4. Other Insurance If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and noncontributory, and the"insured contract" is executed prior to any loss. Where required by a written contract signed by both parties, this insurance will be primary and non-contributing only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contributory by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit if insurance to the total applicable limits of insurance of all insurers. All other terms, conditions and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 POLICY NUMBER: pp' K19181 COMMERCIAL GENERAL LIAB ILITY CG 25 03 05 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projecas): ALL PROJECTS WHERE THE NAMED INSURED IS REQUIRED IN A WRITTEN CONTRACT EXECUTED PRIOR TO A LOSS OR OCCURRENCE TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT OF INSURANCE Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical 'bccurrences"under Section I —Coverage A,and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I—Coverage C,which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A,except General Aggregate Limit shown in the damages because of"bodily injury"or Declarations,such limits will be subject to the "property damage"included in the"products- applicable Designated Construction Project completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. insureds; b. Claims made or "suits"brought;or c. Persons or organizations making claims or bringing"suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 ❑ B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard"is 'occurrences"under Section I —Coverage A,and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or "property damage"included in under Section I —Coverage C,which cannot be the"products-completed operations hazard"will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed,or abandoned under the General Aggregate Limit or the and then restarted,or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit,whichever is applicable; and designs,specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 13 PPK1918182 `� POLICY NUMBER.. COMMERCIAL GENERAL LIABILITY CG24o4o5og WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PE,R.SON Ox G-GAt 1ZA'TL )tJ AS 4' HEIRE REQUIRED =Y `NIR111E L' TOR T T.;;:)S . Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 0509 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ I COMMERCIAL AUTO POLICY NUMBER:( AO57287736 CA 88 10 01 13 ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGEINDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE—BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN/LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II—LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee" of yours while using a covered "auto"you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT,AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto'; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4)are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II—LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the"bodily injury" results from the use of a covered "auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos"for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow; or ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 Of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss" in any one"accident"or"loss"is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto"for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. D. Subject to a maximum of$1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to$50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. C. For"medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 Of 7 9. RENTAL REIMBURSEMENT SECTION III—PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident" or"loss"to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. C. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto"of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto"to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an"auto"you own and that"auto" is stolen, we will pay, without application of a deductible, up to$600 for"personal effects" stolen with the"auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III—PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for"loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO,VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 4 Of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered"auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the"loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, C. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the"total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", L Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the"loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 Of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and C. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION III PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller(or smallest)deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller(or smallest) deductible it will be reduced by the amount of the smaller(or smallest)deductible; or C. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV—BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident", claim, "suit"or"loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 6 of 7 To the extent possible, notice to us should include: (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 B.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 follows: 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 cancellation. ©2013 Liberty Mutual Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 7 POLICY NUMBER: PUB674770 PIC-EXS-001 (05/13) COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words "we," "us" and 'bur" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under the "controlling underlying insurance." Other words and phrases that appear in quotation marks in this policy have special meaning. Refer to SECTION IV—DEFINITIONS. Other words and phrases that are not defined under this policy but defined in the "controlling underlying insurance"will have the meaning described in the policy of "controlling underlying insurance." The insurance provided under this policy will follow the same provisions, exclusions and limitations that are contained in the applicable "controlling underlying insurance," unless otherwise directed by this insurance. To the extent such provisions differ or conflict, the provisions of this policy will apply. However, the coverage provided under this policy will not be broader than that provided by the applicable "controlling underlying insurance" and if coverage does not exist under any applicable "controlling underlying insurance," coverage shall not exist under this policy. There may be more than one "controlling underlying insurance" policy listed in the Declarations and there may be terms and provisions in those policies which are in conflict, and which are not superseded by the provisions of this policy. In such a case, the provisions, exclusions and limitations of the "controlling underlying insurance" policy applicable to the particular "event"for which a claim is made or suit is brought will apply. SECTION I—COVERAGES 1. Insuring Agreement a. We will pay on behalf of the insured the "ultimate net loss" in excess of the "retained limit" because of"injury or damage" to which insurance provided under this policy applies. We will have the right and duty to defend the insured against any suit seeking damages for such "injury or damage" only when the applicable limits of"controlling underlying insurance" and the applicable limits of any other policy of insurance affording coverage for any aspect of the claims asserted in such suit have been exhausted in accordance with the provisions of such "controlling underlying insurance"or other policy of insurance, as the case may be. When we have no duty to defend, we will have, at our discretion, the right to defend, or to participate in the defense of, the insured against any other suit seeking damages for"injury or damage." However, we will have no duty to defend the insured against any suit seeking damages for which insurance under this policy does not apply. At our discretion,we may investigate any "event" that may involve this insurance and settle any resultant claim or suit, for which we have the duty to defend. But: (1) The amount we will pay for"ultimate net loss" is limited as described in SECTION II— LIMITS OF INSURANCE; and Page 1 of 12 Includes copyrighted material of Insurance Services Office, Inc., with permission. POLICY NUMBER: PUB674770 PIC-EXS-001 (05/13) (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this policy. However, if the policy of"controlling underlying insurance"specifies that limits are reduced by defense expenses, our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of defense expenses,judgments or settlements under this policy. b. This insurance applies to "injury or damage"that is subject to an applicable "retained limit." If any other limit, such as a sublimit, is specified in the "controlling underlying insurance,"this insurance does not apply to "injury or damage" arising out of that exposure unless that limit is specified in the Declarations under the Schedule of"controlling underlying insurance." c. If the "controlling underlying insurance" requires, for a particular claim, that the "injury or damage" occur during its policy period in order for that coverage to apply, then this insurance will only apply to that"injury or damage" if it occurs during the policy period of this policy. If the "controlling underlying insurance" requires that the "event" causing the particular"injury or damage"takes place during its policy period in order for that coverage to apply, then this insurance will apply to the claim only if the "event" causing that "injury or damage" takes place during the policy period of this policy. d. Any additional insured under any policy of "controlling underlying insurance"will automatically be an additional insured under this policy. 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 required by the contract, less any amounts payable by any "controtling underlying in, Additionail insured Coverage,provided by this insurance will not he broader than coverage provided by the"controlhng underlying insurance." e. This insurance applies to "injury or damage" only if,prior to the policy period,no insured listed under the WHO IS AN INSURED Section in any "controlling underlying insurance" and no employee authorized by you to give or receive notice of an occurrence or claim,knew that the "injury or damage" had occurred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the "injury or damage" occurred, then any continuation, change or resumption of such "injury or damage" during or after the policy period will be deemed to have been known prior to the policy period. f. "Injury or damage"which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under the WHO IS AN INSURED Section in any"controlling underlying insurance,"or by any employee authorized by you to give or receive notice of an occurrence or claim, includes any continuation, change or resumption of that "injury or damage" after the end of the policy period. g. "Injury or damage"will be deemed to have been known to have occurred at the earliest time when any insured listed under the WHO IS AN INSURED Section in any"controlling underlying insurance"or any employee authorized by you to give or receive notice of an occurrence or claim: (1) Reports all, or any part,of the"injury or damage"to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "injury or damage"; or (3) Becomes aware by any other means that"injury or damage" has occurred or has begun to occur. Page 2 of 12 Includes copyrighted material of Insurance Services Office, Inc., with permission. ACC)" CERTIFICATE OF LIABILITY INSURANCE DATE 08/2 /6/ 019 2 `. _ 8/2 Y) 019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bouchard Insurance for WBS 623 PHONE - ext. FAX PO Box 6090 A/C No Ext: (866)2933600 A/C No): E-MAIL Clearwater,FL 33758-6090 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: American Zurich Insurance Com an A ✓ 40142 INSURED INSURER B: Workforce Business Services CA,LLC Labor Contractor,for co-employees of:Barth Roofing Company Inc INSURERC: 1401 Manatee Ave.West Ste 600 INSURER D: Bradenton,FL 34205-6708 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:18FLO79880261 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. I EXP LTR TYPE OF INSURANCE INSD WVDR POLICY NUMBER MM/DDPOLICYYYYY MM DD EFF YYYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMA CLAIMS-MADE PREMI OCCUR ETORENTED PREMISES Ea occurrence $ ME EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ HPOLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ PRO- OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DIED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A OF ICERMEMBEREXCLUDEIN ANYPROPRIETOR/PARTNER/D?ECUTIVE Y� NIA X WC58-18-642-04 12/31/2018 12/31/2019 E.L.EACH ACCIDENT $ 1,000,OOEY' (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Location Coverage Period: 12/31/2018 12/31/2019 Client# 054287 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) so-employees Barth Roofing Company Inc Public Works Construction Contracts only those c Coverage i provided for 4384 Pinehaven Drive of,but not subcontractors Tracy,CA 95304 to: Endorsements:Waiver of Subrogation CERTIFICATE HOLDER CANCELLATION California Construction Authority SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1776 Tribute Road THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Suite 220 ACCORDANCE WITH THE POLICY PROVISIONS. Sacramento,CA 95815 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed.4-84) 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 per- form work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be $0 of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description IN FAVOR OF: Public Works Construction Contracts California Construction Authority 1776 Tribute Road Suite 220 Sacramento,CA 95815 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 issue subsequent to preparation of the policy.) Endorsement Effective: 12/31/2018 Policy No: WC 58-18-642-04 Endorsement No.- Insured: Workforce Business Services CA,LLC Labor Contractor,for co-employees of:Barth Roofing Company Inc Insurance Company: American Zurich Insurance Company Countersigned by WC 04 03 06 Copyright 1983 National Council on Compensation Insurance EXHIBIT 940!) Bond No.070209517 Premium:included Payment Bond The City of Cupertino nd Barth Roofing-Company,Inc. (°Contractor")have entered Into a contract,dated ity a 20 ,('Contract°)for work on the < Service Center Mechanics'Say Roof Recoating >Project(°Project'). The Contract is incorporated by reference into this Payment Bond 'Bond°). 1. General. Under this Bond,Contractor as principal and The Ohio Casualty Insurance Company , Its surety("Surety°),are bound to City as obligee in an amount not less than $- 31,760.00 ,under California Chill Code sections 9560,st seq. 2. Surety's Obligation. if Contractor or any of Its Subcontractors falls to pay any of the persons named in California Civil Cods section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract,or for 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 far the same. 3. Beneficiaries. This Bond inures to the banefd of any of the persons named in Califomia 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 confoimance 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 6. 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 2946. City waives 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: Address: 255 California St.Suite 950 CdyfState0p: San Francisco,CA 9411 t Phone: __ clout 4ZI-620o Fax: Email ,l 5� , �- j.SLCf L csL�+_ 6. Law and Venue. This Bond will be governed by California law,and any dispute pursuant to this Bond will be venued In the Superior Court of Santa Clara County in which the Project is located,and no other place. Surety will be responsible for City's attomeys'fees and costs in any action to enforce the provisions of this Bond. Service Center Mechanics'Bay Roof Recoating PAYMENT BOND Page 1 EXHIBIT "U" 7. Effective Date; Execution. This Bond is entered into and is effective on August 23 2019. SURETY: The Ohio Casualty Insurance Company Business Name David K.Mahler,Attorney-In-Fact Name/Title (Acknowledgment with Surety's Notary Seal and Surety's Power of Attorney must be attached.) CONTRACTOR: Barth Roofing Company,Inc. Busir� ss Name sl !, SIB kim Slb� T D Nam'6/Title s/ NamelTitle END OF PAYMENT BOND Service Center Mechanics' Bay Roof Recoating PAYMENT BOND Page 2 E��IT 4cC» Bond No.070209517 11A 1 Premium:$1032.00 Performance Bons[ The City of Cupertino("Cit ")and Barth Roofing Company,Inc. (°Contractor")have entered into a contract, dated��`1. ,20 1g("Contract")for work on the <Service Center Mechanics'Bay Roof Recoating >Project("Project"). The Contract is incorporated by reference into this Performance Bond ('Bond"). 1. General. Under this Bond,Contractor as Principal and The Ohio Casualty Insurance Company its surety("Surety"),are bound to City as obligee for an amount not less than$ 31,760.00 By executing this Bond,Contractor and Surety bind themselves and their respective heirs, executors,administrators,successors and assigns,jointly and severally,to the provisions of this Bond, 2. Surety's Obligations;Waiver, if Contractor fully performs its obligations under the Contract, Including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void upon recordation of the notice of completion, provided Contractor has timely provided a warranty bond as required under the Contract. 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 2818 and 2846. 3. 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 i 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 backcharges to which City is entitled under the terms of the Contract. 4. Contractor Default;. Upon written notification from City that Contractor is In 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: 4.1 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; 4.2 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 4.3 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. S. 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- 6. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: L—1 Sq 5egrlo Address: 255 California St.Suite 950 City/StatefZip: San Francisco CA 94111 Phone: 2061 473-6200 Fax: Email: _ yiu Service Center Mechanics' Bay Roof Recoating PERFORMANCE BOND Page 3 EXHIBIT "C" 7. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court for Santa Clara County in which the Project is located, 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. g. Effective Date; Execution. This Bond is entered into and effective on_ . August 23 , 20 19 SURETY: The Ohio Casualty Insurance Company Business Name David K.Mahler,Attorney-In-Fact Name/Title [print] (Acknowledgment with Notary Seal for Surety and Surety's Power of Attorney must be attached.) CONTRACTOR: Barth Roofin Company,INc. RusinName sl ff � �_ � Name/Title v sl Name/Title END OF PERFORMANCE BOND Service Center Mechanics' Bay Roof Recoating PERFORMANCE BOND Page 4 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No:8200934-969027 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, David F. Druml,David K.Mahler all of the city of Foster City state of California each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of April 2019 . Liberty Mutual Insurance Company v 1NSUR _SV INSU INSU p The Ohio Casualty Insurance Company r�`�P°°nPO�arAyn r,`�P°°pPO�r�y MVP O�rgyn West American Insurance Company > J 3 Foci Q3 Fon � 3 �oc� /' m 1912 - 0 1919 1991 0 ./ : m o Q O U`)i d,�1 SSA CHV`'��.da yO 6'�hAMP`��`.da YS �NDIANP' .aa� r C �h * 1 °'y1 P� dM �� By' N David M.Carey,Assistant Secretary - State of PENNSYLVANIA >. a) � County of MONTGOMERY ss m 0 at On this 18th day of April 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o FU Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes— a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L)w >, IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c c •N o 0 0 N ��'hONm,srtc� COMMONWEALTH OFPENNSYLVANIA �;®4 O°a 4�F p Notarial Seal ^1/�r / O � 0 �`�� " OF � Teresa Pastella,Notary Public ` C o CU Upper Merlon Twp.,Montgomery County By: N My Commission Expires March 28,2021 ?� E hsytius �, Teresa Pastella,Notary Public N � Member,Pennsylvania Association of Notaries a tm ql�} o M a) NO c a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o.S� Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: O (D (i ARTICLE IV-OFFICERS:Section 12.Power of Attorney. o M Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the M) _0 > President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o Its C: any and all undertakings,bonds,recognizances and other surety obligations.Such attomeys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t N > have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed,such "-'°O cj Z instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the"C) provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o 6 ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 0 Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, 0m shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power f Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand aro affixed the seals of said Companies this x4 day of/�l jo/1(� c CW . INSU �`i INSV 1NSUR hJPGoRPorty�Lc °oaPO T P9Z \vP OO--,q qG 2 AQ to Y 2 1912 0 3 0 1919 1 91 � r 9s �y s vZF `gym ° a yo By: 41��/Sqc"°5��'aa O�N"�.P%•a� !s �NblAtk da Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ',�-C.r�.F=�,arc-rc=�;cl.c=M,c�A,ra�--.c�-•r��-:��-u+�©,cM,c�F�-t,,�-�,c=r.�=t,�A,�=r��,�r�-.e�.N,c6,cos-A.c(�--�.c�`,�-� �-t.�..�,n s-�act h�,� 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 /San Mateo ) On D, ? �� �/� before me, Soy Try Wong, Notary Public Date Here Insert Name and Title of the Officer personally appeared David K. Mahler Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws fl _ T of the State of California that the foregoing paragraph SOY TRY NIONG is true and correct. NotGryPublic—Califomia WITNESS my hand and official seal. San Mateo County D Commission#2225478 PJ;Comm.Exn,res Dec 15.2021 Signature ,,-�ignatdrd of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑ Partner — ❑ Limited ❑General ❑Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association •www.Nationa]Notary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Exhibi D Labor Code Requirements 1. The following prevailing wage provisions apply to this Agreement. 1.1 In General. For purposes of California labor law, this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771,Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations ("DIR")to all workers employed on this project as applicable. In accordance with Labor Code Section 1815,Contractor and all subcontractors shall pay all workers employed on this project 1 %2 the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code,and shall not engage in the perfonnance of any work under this Agreement, unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number,along with the registration numbers of any subcontractors as required,to the City. 1.3 Posting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR. 1.4 Reporting. Contractor and any subcontractors shall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. 1.5 Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed,a copy of which is on file at the City of Cupertino City Hall, and shall be made available to any interested party upon request. 1.6 Employment of Apprentices. Contractor's attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards,wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship,San Francisco, California,or from the Division of Apprenticeship Standards and its branch offices. r P , 1.7 Penalties. Contractor's attention is directed to provisions in Labor Code Sections 1775 and 18I3. In accordance with Labor Code Section 1775,Contractor and subcontractors may be subject to penalties for Contractor's and subcontractors' failure to pay prevailing wage rates. In accordance with Labor Code Section 1813, Contractor or subcontractors may be subject to penalties for Contractor's or subcontractors' failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 10906011