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16-111 Graham Contractors, Inc., Municipal Street Crack Sealing (FY 16-17)
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND GRAHAM CONTRACTORS, INC FOR Municipal Street Crack Sealing (FY 16-17) THIS AGREEJ\1ENT, for reference dated Au ;tl..G" , 2016, is by and between CITY OF CUPERTINO, a municipal corporation (her ~after refeITed to as "City"), and Graham Contractors , Inc., California corporation, whose address is PO Box 26770 , San Jose , CA , hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cany on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupe11ino Municipal Code. B. City and Contractor desire to enter into an agreement for Municipal Street Crack Sealing in accordance with the Technical Specifications and Traffic Control Provisions (Exhibit A) dated August 2, 2016. NOW, THEREFORE, it is mutually agreed by and between the undersigned pm1ies as follows: 1. TERM: The Contractor shall begin work within ten (10) working days after receiving notice from the Engineer to commence the work, and shall diligently prosecute the work to completion before the expiration of twenty (20) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with Special Conditions and Technical Specifications (Exhibit A) dated August 2 , 2016 hereby refetTed to and expressly made a pm1 hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services perfonned pursuant to this Agreement in the amount and manner set fo11h in Contractor's proposal, which is attached hereto as Exhibit "B" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the general fund. 1 Payment will be made by the C it y in the fo ll ow in g manner: On the first day of eac h mo nt h, Co nt ractor sha ll submit a written est im ate of th e total amoun t of work done the previous mo nth. Payment sha ll be made for 95% of the va lue of the work. T he C it y sha ll retain 5% of the va lu e of the work as partia l sec urit y for the co mpl eti on o f the wo rk by Contractor. Retained a mo unt s s ha ll be paid to Co ntracto r within thirt y five (35) days of acceptance by the C it y of t he project. Payment sha ll not be co nstru ed as accepta nce of defective work. No interest w ill be paid to Contractor on retained fl.111ds . 4 . TIME IS OF THE ESSENCE: Contractor and City ag ree that time is of the esse nce rega rd in g the perlormance of th is Agree me nt. It is agreed by the parties to the Ag ree me nt that in case al l the work ca lled for under the Agree ment is not comp leted before or up o n the expirat ion of the tim e limit as set forth in paragraph I above , damage wi ll be susta in ed by the C ity , and that it is and w ill be impr actica bl e to cleterm i ne the act ua l damage which the City wi 11 susta in in the event of and by reaso n of s uch de lay. It is therefore agreed that the Co nt ractor will pay to the C it y the s um of O ne Hundred Dol lars ($100) per day for eac h a nd every day's delay beyond the time prescribed to co mpl ete the work ; a nd the Contracto r agrees to pay such liquid ated damages as herein provided, an d in case t he same are not paid, agrees t hat the C it y may ded uct th e a mount thereof from any money due or that may become due th e Co ntractor under th e Agree ment. It is furth er agreed that in case th e wo rk ca ll ed fo r und e r the Agreeme nt is not finished a nd com pl ete d in a ll parts and requireme nt s within the tim e specified, the City shall have the ri ght to extend th e time for complet ion or not. as may see m best to serve the interest of the C ity; and if it decides to extend the ti111e li111 it for the comp letio n of the Agreement , it sha ll further have the ri ght to charge the Co ntractor. hi s or her heirs, ass igns, or suretie s, and to ded uct from the final payment fo r the work , al l or any part , as it may deem proper, of the actual costs and over head ex penses which are directly chargeable to th e Agree ment and wh ich accrue during t he period of such exte ns io ns . T he Co ntra ctor shall not be assessed with liquidat ed damages d ur ing any delay in the com p let io n of the work ca use d by an act of God or of th e public e ne my, ac ts of the C it y, fi re, flo od, e pid e mi c, quarantine rest ricti o n, strik es, fr e ig ht e mba rgoes, a nd unu s ua ll y seve re weath e r or de la ys of s ub co nt ractors due to s uch causes; provide d that the Contractor sha ll . within one (1) day from the begin nin g of suc h delay, notify th e C it y in writing of the ca uses of delay. T he City sha ll ascerta in the facts an d th e extent of the delay , and its findings of the facts thereon sha ll be final and conclus ive. 5. STANDARD OF CARE: Contractor agrees to pe rfor m all se rv ices hereunder in a mann er com mens urate with the prevailing sta nd ards of lik e profess ional s in t he Sa n Francisco Bay Area a nd ag rees that all serv ices sha ll be performed by qualifi ed and exper ie nced pe rso nn el who are not empl oye d by th e C it y nor have any co ntrac tu a l relationship with C it y . 6. INDEPENDENT PARTIES: 2 City and Contractor intend that the relationship between them created by this Agreement is that of independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express tenns of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes no1mally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT CIRCA): Contractor assumes any and all responsibility for ve1ifying the identity and employment authorization of all of its employees perf01ming work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City haimless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national 01igin, ancestry, handicap , disability, marital status , pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold hannless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pe11aining to, or related to the perfonnance of this Agreement by Contractor or Contractor's employees, officers, officials , agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees . Such costs and expenses shall include reasonable attorneys' fees of counsel of City 's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indenmity agreements with provisions identical to those set fo11h here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the perfo1mance of this agreement. If Contractor fails to obtain such indenmity obligations from others as required here, Contractor agrees to be fully responsible according to the te1ms of this section. 3 I 0. fNSURANCE: On or before the commencement of the te rm s of this Agreement, Co ntractor shall furnish City with certificates sho win g the type. amount , class of operations covered, effect iv e dates an d dates of expiration of insurance coverage in co mplian ce with para graphs I OA , B, C and D. Such certificates, which do not limit Co ntra cto r's indemnification, sha ll a lso co nt a in substant iall y the fol lowi ng statement: "Should any of th e abov e in surance covered by this certificate be cance led or coverage reduced before the exp ira tion date thereof: the insurer affording coverage shall provide thirty (30) days' adva nc e written notice to the City of Cupertino by cer tified maiL "Attent ion: Ass istant Director of Public Wo rks ." It is agreed that Contractor shal l maintain in force at all ti mes d urin g the performance of this Agreement all appropriate coverage of insurance requ ir ed by this Agree ment with an in suran ce company that is acceptable to C it y and licen sed to do insurance bu si ness in th e State of Ca li forn ia. Endo rse ment s naming the City as additional insured shall be submilted vvit h the in s uran ce certificates . A. COVERAGE: Contractor shal l maintain the following in surance coverage: ( l) Workers ' Compensation: Statutory coverage as required by the State of California . (2) Liability: Com mercial ge ne ral liability coverage in the following minimum limit s: Bod il y Injury: $1,000.000 eac h occurrence $2,000.000 agg regate -all other Propert y Damage: $500,000 each occurrence $I .000 ,000 aggregate If submitted, combined si ngle limit policy with aggregate limits in the amounts of $2,000.000 wi ll be considered equ iva lent to the required minimum limit s shown above. (3) Automotive : Co mprehensive automobile li ab ilit y coverage in the fo ll ow in g minimum limit s: Bod il y injury: $500,000 eac h occurrence Property Damage: $500,000 each occu rr ence or Combined Single Lim it: $1,000,000 each occurrence 8. SUBROGATION W AIYER: Contractor agrees that in the event of loss due to any of the perils for whic h it has agreed to provide co mpr ehe nsive ge neral and automotive li abil it y in s uran ce. Contractor shall look sole ly to its in s uran ce for recove ry. Co ntract o r her eby grant s to C it y, o n behalf of any in sur er providing comprehensive ge neral and automotive li abi lit y insurance to e ith e r Co ntractor or City with respect to the serv ic es of Contractor herein, a wa ive r of any right to subrogat ion which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss 4 under s uch insurance. C. FAJLURE TO SECURE : If Contracto r at any tilll e during the te rm hereof sho uld fa il to sec ur e or !ll ai ntain the foregoing in su ra nce. City sha ll be permitted lo ob tain such insurance in the Contractor's na!lle or as an agent of the Contractor and s ha ll be compensated by the Contractor for the costs of the in surance premiums at the maximum rate permitted by law and computed from the elate written notice is received that the premiums hav e not been pa id . D . ADDITIONAL INSURED: City. it s C it y Council, boards and co mmi ssio ns , officers. employees, a nd volunteers sha ll be named as a n additional in sured under a ll in suran ce cove ra ges, except worker's colllpensation in s urance. The nam ing of an additional insured shall not affect any recovery to which such ad ditional in sured would be entitled under this policy if not named as suc h additiona l in sure d . An additional insured nam ed here in sha ll not be held li a bl e for any premium, ded uctible portion of any loss, or ex pe ns e of any nature on this policy or any extension thereof. Any other in sura nce held by an additio nal insured sha ll not be required to contribute anyth in g toward any loss or expense covered by th e insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limit s required by City a re not represented as being sufficient to protect Co ntra cto r. Contractor is advised to consu It Contractor's insurance broker to determine adequate coverage for Contracto r. 11 . BONDS: Contractor shal l furnis h the follovving bonds from a bonding company acceptab le to the City Attorney: A. Faithful Performance: A bond in the amount of 100% of the total contract price guarantee in g the faithful pertexmance of th is contract a nd B. Labor and Materials: A bond for labo r and mat eria ls in the amount of I 00% of the total contract pri ce . 12. PROHIBITION AGAINST TRANSFERS: Co ntractor sha ll not assig n, sublease, hy poth eca te, or transfer this Agreeme nt , o r a ny interest th e re in. directly or indirect ly, by operat ion of law o r otherwise, without prior written conse nt of City. Any attempt to do so without sa id consent shall be null and void, and any assignee, sub lessee . hypothecate or tran sfe re e shall acquire no right or interest by reaso n of such attempted assignment, hypo thec a tion or transfer. How ever, claims for money by Co ntractor from C it y under this Agreement ma y be assigned to a bank , trust co mp a ny or other financial in stitutio n w ith out prior wr itt e n co nse nt. Writte n notice of such assignment s ha ll be promptly furnished to C ity by Contractor . The sa le, assignment, transfer or other disposition of any of the issued and o ut sta ndin g capital stock of Contracto r. or of the int e re st of a ny ge nera l partner o r joint ve ntur e r or sy ndicate member or cote nant, if Contractor is a partnership o r joint ventu re or synd icate or cote nan cy . which sha ll result in changing the co ntr ol of Contractor. sha ll be construed as an ass ignme nt of this Agreeme nt . Control means fifty percent (50%) or more of the voting power of the 5 corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior writien co nse nt from C it y is obtai ned , only tho1se people and subco ntract ors whose names are I isted in Contracto r's proposa l shall be used in th e perfo rm ance of th is Agreement. Requests for additional s ub co ntract in g s hal l be sub mitted in writing, describing the scope of work to be subcontracted and the name of the proposed sub co ntractor. Such request shall set forth the tota l price or hourly rates used in preparing estimated costs for the subcontractor's se rv ices. Approval of the subcontractor may , at the option of City, be issued in the form of a Work Order. In the eve nt th at Contracto r employs subcontractors, suc h subcontractors shall be required to furn ish proof of workers' compensation in surance and sha ll also be requ ir ed to carry general and automob il e 1 iabi I ity in s urance in reasonab le conformity to the insurance carried by Co ntra ctor. Jn addition, any work or serv ices sub contracted hereunder sha ll be subject to each provision of t hi s Agreeme nt. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Ag reement, al l appropriate permits, ce rtifi cates and li censes, including a City Business License , t hat may be required in connection \Vi th the performance of services hereunder. 15. REPORTS: Each and every report. draft, work product, map, record and other document reproduced. prepared or caused to be prepared by Con t ractor pursuant to or in connection with this Agreeme nt shal l be the excl us ive property of C it y . Cons ultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor othe r data g iven to or prepared o r assemb led by Contractor pursuant to thi s Agreeme nt shal l be made available to any individual or organizat ion by Contracto r w ithout prior approval by Ci ty. Contractor sha ll , at such time and in suc h form as C it y may require, furnish reports concerning the stat us of serv ic es required under th is Ag reement. 16 . RECORDS: Contractor sha ll mai ntain comp lete a nd accurate records with respect to sa les, costs , expe nses , receipts and ot her such informati on required by City that re late to the performance of serv ices under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an eva lu at ion of se rv ices . All suc h records sha ll be ma in tai ned in accordance w ith genera ll y accepted account in g princip les and sha ll be clear ly identified and readi ly accessible. Co nt ractor shall provide free access to such books and records to the representatives of C it y or it s designees at a ll proper times, and gives City th e right to exam in e and audit same , and to make tra nscr ipt s therefrom as necessary, and to allow inspection of a ll work. data , documents, proceedings and activ iti es re lated to thi s Agree me nt . Such records. together with suppo 1iin g 6 documents , shall be kept separate from ot he r documents and recor ds and sha ll be maintained fo r a period of thr ee (3) years after receipt of final payment. If supp lementa l exam in a ti on or audit of the records is necessary due to co ncerns raised by C ity's preliminary examinat ion or a udit of records , and the City's s uppl e me nt al examinatio n or audit of the records discloses a fai lu re to adhere to appropriate int ern al financial contro ls, or other breach of contract or failure to act in good faith , then Co ntra ctor shall reimbur se City for all reasonable costs and expenses assoc iated with the supp lementa l examination or au dit. 17 . NOTICES: All noti ces. demands. requ es ts or approvals to be g iven und er this Ag reeme nt shall be given in writin g and conc lu s iv e ly shall be deemed serve d vvhen delivered personally or on the second b us in ess day afte r the deposit thereof in the Unit ed States Mai l, postage pr e paid , registered or ce rtifi ed. addressed as her e in after provided. Ci ty at: All notices, demands. requests , or a ppro va ls from Co ntrac tor to City sha ll be addresse d to City of Cu pert in o 10300 Torre Aven ue C up erti no CA 95014 Atte nt ion: Roger Lee, Ass ista nt Director of Public Works A II notices, de mands. requests , or approvals from City to Contr actor shall be addressed to Contractor at: Graham Contractors PO Box 26770 Sa n Jose , CA 95159 Attn: Eel Aq uero 18. REQUIREMENT TO PAY PREVAILING WAGES Consistent with the Ci ty 's policy to pa y prevailing wage rates, Contracto r shall comp ly w ith the Ci ty's Labor Comp liance Program a nd all other requi rem ents set fort h in Labor Code section 1770 et seq . The C it y s hall require payment of the ge neral rate of per diem wages or the ge nera l rate of per diem wages for holid ay and overtime work. Co ntra cto r will submit (monthl y or biweekly) ce1tified payro ll records to the C it y for all e mpl oyees and sub co ntractor s in a preapproved format o r a C it y provided form. Any de la y in remitting certified payroll reports to the City upon request fro m the C it y wi ll resu lt in either dela y and /or forfe it of o ut sta ndin g payme nt to Contractor . 19 . SAFETY REQUIREMENT A ll work performed under thi s Ag ree me nt shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety stan dards outl in ed by CAL-OSHA . C it y reserves the right to issue restraints or cease and desist orde rs to Contractor w hen un safe or ha rmful acts or co nditi o ns are observed or reported re lative to the performance of the work under this Ag reeme nt. 7 Contractor shall maintain the work s ite s free of ha zards to persons and /or prope1iy resulting from hi s or her operations. Any ha za rdous condition noted by Contractor, which is not a result of his or her operations, shal l immediately be reported to City. Care must be tak e n to th e traveling public nnd pedestrians at all times. The Manunl on Uniform Traffic Control Devices (MUTCD) is to be applied at all times . 20. HOURS OF OPERATION Contractor shal l be a ll owed to operate only for the hours of 8 a .m. to 5 p.m . unle ss prior written approva l ha s been secured from City to do otherwise. See Traffic control provi s ion s for lane c losure res trictions. 2 1. NONDISCRIMINATION Contractor certifies and ag rees that it will not discriminate against any emp loyee or applicant for e mployment because of race, color. religion, national origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F .R. Section 60-741, et. seq.), in accordance with requirement of state or federal law. Contractor shall take affi rm ative action to e ns ure that qualified a pplicant s are employed and that employees are treated during emp loyment without regard to rac e, co lor, religion, national origin, ancestry, sex, age, or co ndition of physical or menta l handi cap in accorda nce with requirements of state and federal law . Such sha ll include , but not be li mited to , the following: A. Employment upgrading , demotion, transfer, recruitment or recru itm ent advertising, la yoff or terminatio n, rates of pay or other forms of compensation. B. Selection for training , includin g int e rns and apprentices. Contractor agrees to post in conspicuous plac es in each of Contractor's faci I ities providing se rvices hereunder, avai lable and open to employees and applicants for e mplo yment , notices setting forth the provi s ions of this nondi scrim ination clause. Contractor shal l, in all so licitations or advertisements for employees placed by or on behalf of Contractor, state that a ll qualified appl icants wi ll receive considerat ion for employment without regard to race. color, religion. national origin, ancestry, sex, age, or condition of phy s ical or mental handicap. in accordance with requirement s of state and federal law . Co ntractor shall send to each labor union or representative of workers with wh ich it has a col lectiv e bargainin g agreement or other contract or understandin g a notice advising the labor union or workers' repr ese ntative of Contractor's commitments under this paragraph. Contractor certifies and agrees that it will deal with its subcontractor s, propo sa lders, or vendo rs without regard to race, co lor, re ligion . nationa l origin , ancestry, sex , age, or condition of physical or mental handicap, in accordance with requir eme nt of state and federa l law. In accordance with app li cable state and federal law , Contractor shall a ll ow duly authorized cou nty, state and federa l represe ntativ es access to its emp loyment records during re g ular bu s ine ss hour s in order to verity comp li ance with th e anti-discrimination provisions of this paragraph. Contractor shall provid e s uch other information and records as such repr ese ntati ves may require in order to verify compliance with the anti-cf i scrim ination prov is ions 8 of this paragraph. If the City finds that any of the pro v isio ns of this para gra ph have been v iol ate d, the sa me sha ll co nst itut e a material br eac h of Agree rn e nt upon which City ma y determine to cance l, terminate, or s uspend this Agree ment. City reserves the ri ght to determine ind e pendent ly that the anti-discrimination provisions of this Agree ment have been vio lated . Jn addition. a determi nati o n by the Ca liforn ia Fair Ernp loy me nt Practices Co mrni ssio n or t he Federa l Equal Empl oy me nt Op portu nity Comm iss ion that Con tr actor ha s v io lat ed state and fodera l anti- discrimination law s sha ll const itut e a finding by C ity that Contractor has vio lated the anti- c! iscrim in at ion prov is ions of Ag ree me nt. The parties agree that in the event Contractor vio lates any of t he anti-discriminatio n provisions of this pa ragrap h, C ity sha ll be ent itled , at its opt ion. to the s um of $500.00 pursuant to California Civ il Code Sect ion 1671 as liquidated damages in lieu of canceling, te rminatin g, or s us pend ing this Agreeme nt. Contractor hereby agrees that it will co111ply w ith Sect ion 504 of the Rehabilitation Act of 1973 , as amended (29 U .S.C. Section 794), all require111ents imp osed by th e app licab le reg ul at io ns (45 C.F .R.), and a ll guid e lin es and int e rpr etat io ns issued pursuant thereto, to the encl th at no qualified handi cap ped pe rso n shal l, on the basis of ha ndi ca p, be excluded fro m participation in, be denied the benefits o( or otherwise be subj ected to di scr iminatio n und er a ny program or act ivity o f Contracto r receiving Federal Fi nancia l Ass ista nce . In additio n. Contractor shall comply w ith the Uni for m Federa l Access ibility Standard s, and Contracto r, Engineer. or Arc hitect re s ponsible for any design, construction or alteratio n shall ce rtify comp li ance with those Sta nda rds. Contractor's attention is directed to Jaws, including but not lim ited to: A. CIVIL RIGHTS/EQUAL OPPORTUNITY (I ) Civil Risd1ts Act of 1964. Under T itle VII of the Civil Rights Act of 1964 , no person shall, on the grou nd s of race, sex, re li gion. color. or national ori gin, be excluded from part ic ip at ion in , be denied the benefits ot: or be subj ec ted to discrimination under any program or activity receiving Federal fin ancia l assistance. (2) Sect ion l 09 of the Ho u s in g a nd Commun it v Development Act of 1974. No person in the Un it ed States sha ll . on the grou nd s of race. co lor , national or igin. or sex, be excl ud ed from participation in , be denied t he benefits ot: or be subj ected to discrimination under a ny program or activity funded in w ho le or in part w ith fu nd s made ava il a bl e und e r this title. Sect io n 10 9 of the Act furt her provides t hat any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6 101 et seq.) or with respect to an otherwise qualified handi capped individual as provided in Sect ion 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall a lso app ly to any pro gram o r act ivity funded in who le or in part with funds made available pursuant to t he Act. B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES T hi s Ag ree ment is subject to laws and regulat ions concerni ng t he ri ghts of ot herw ise qu a lifi ed ind iv idual s w ith han di caps for equal participation 111, and benefit fro m federally assisted programs and activities, in c ludin g but not limited to: 9 (I) America ns wit h Disab iliti es Act of 1990 (ADA) (28 C.F.R. 35). Tit le IL S ubp art A of the A me ri ca ns with Disabi lities Act of 19 90 applie s to al l publicly funded activit ies and programs . Con tractor s ha ll a lso compl y wit h the pub li c accommodation s req uir em ents of T itl e Ill of the ADA . as app li cab le. (2) No nd iscr imin at ion on the Bas is of Handicap (24 CFR 8). These regulations , which im pleme nt Sectio n 5 04 of t he Rehabilitation Act of 1973. as ame nded, and as c ited in Section 10 9 of the Housing and Co mmuni ty Deve lop me nt Act , app ly to a ll federa ll y assisted activities a nd programs a nd are im ple me nt ed through th e regulations at 24 C.F.R. 8. (3) A rch it ec tural Bar ri er Act of 1968 . Any build ing o r fac ili ty, exc luding privately owned reside ntial st ructur es , designed , co nstr ucted , o r a lt e red \Vith federa l funds. s ha ll com pl y with the Unifo rm Federa l Access ibili ty Sta nda rds, 1984 (41 C.F.R . 3) and the Ha ndicapped Accessibil it y Requirements of the State of Cal ifornia Title 24. T he Cons ul ta nt, Eng in ee r or Arc hit ect respons ib le for s uch design, co nstruc ti on or a lt erat ion s hall certify comp li ance w ith the above standa rd s . (4) In reso lv in g any co nfli ct between the accessibility sta nd ards cited in paragra ph s ( l ). (2) and (3) a bove , the more stringent sta nd ard s hal l apply. 22 . ORBAN RUNOFF MANAGEMEN T: The Contractor s ha ll avoid creat in g excess du st when breaking asphalt or concrete and duri ng excavat ion and grading. If water is used for dust co ntrol, contractor s ha ll use as l itt le as necessary. Contractor sha ll take al l steps necessary to keep wash water o ut of the streets, gutters and storm drai ns. T he Co ntra ctor shal l develop a nd implement eros io n and sediment contro l to prevent pollution of storm drains. Such control includes but is not limited to: A. Use storm drain inl et protection devices s uch as sand bag barriers, filter fabr ic fences , block and gravel filters. (B lock sto rm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activitie s ; s hove l or vacuum saw-c ut s lurry and remove from the s it e). B. Cover ex posed pi les of so il o r constru ct ion material w ith plastic s heeting . A ll construct io n materials 111 ust be store d in conta in ers. C. Sweep and remove a ll mater ial s from paved surfaces that drain to streets. gut ters and storm drains prior to rain as we ll as at the encl of the each work clay. At the co m pletio n of the project, the st reet sha ll be was hed and the was h water sha ll be co ll ected a nd disposed of offsite in an appropr iate locat ion. D . After br eak in g o ld pavement, Contracto r s hall remove all debris to avo id co nta ct with rainfall or runoff E. Co ntractor s ha ll maintain a c lean \.vork area by re moving tras h, litter, and debris at the end of eac h work day. Co nt ractor sha ll a lso clean up any leaks, drips, and other spi ll s as they occur. The object ive is to ens ur e that the C ity a nd Cou nt y of Santa C lara Co unt y-Wide Clean Water Program is ade qu ately enfo rced. These controls s ho uld be implemented pri or to the start of construc t io n, up-graded as required , ma inta ined d uri ng constructio n phases to provide adeq uate protection. and removed at the end of const ru ction. T hese recommendatio ns are in tended to be used in co njun ction with the State s Best 10 Management Practices Municip al and Construction Handbooks , local program g uid ance materia ls fro111 municipalities, Sectio n 7.1.01 of the Standard Specificatio ns a nd a ny other appropriate documents on sto rm water qu al it y controls for construction. Failure to comp ly with this program wi ll result in the issuance of noncomp li ance notices. citations. project stop orders or fines . The fine for non co111plia nc e of the above program is two hundred and tifty dollars ($250.00) pe r occurrence per day. The State und er the Federal Clean Water Act can also impose a fine on the contractor, pmsuant to Cal. Water Code '13385. 22. TERMINATION : In the event Co ntractor fails o r refuses to perform any of th e provisions hereof at the time and in the manner req uir ed here und er, Contractor sha ll be deemed in default in the performance of th is Agreement. If such default is not cured wit hin a period of two (2) days after receipt by Contracto r from City of written notice of default , s pec ify in g t he nature of such default and the steps necessa ry to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. C it y shall have the option, at it s so le discretion and witho ut ca use. of terminating this Agree ment by givi ng seven (7) days' prior wr itt en notice to Co ntractor as provided herein. Upo n term ination of this Agree ment each party sha ll pay to the other party that portion of compensation spec ifi ed in this Agreement that is earned and unp a id prior to the effective date of termination. 23. COMPLIANCES: Contra ctor sha ll comply w ith all lavvs , state or federal a nd all ordinances. rules and regulations enacted or issued by C ity. 24. CONFLICT OF LAW: Th is Ag ree 111 ent sha ll be inte rpreted under, and enforced by the laws of the State of Californ ia excepting any c hoi ce of law rules wh ich may direct the application of laws of another jurisdiction. The Agreeme nt and obligations of the parties a re subject to a ll valid la ws, orders. rules. and reg ul ations of the aut horitie s having juri sd ict ion over this Agree me nt (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the co urts of the Co unt y of Sa nta C lara , State o f Ca lifornia . 25. ADVERTISEMENT: Contractor sha ll not post , exh ibi t d isplay or a ll ow to be posted, exhibited, displa ye d a ny s igns, adve rti sing, shmv bills , li thographs, po ste rs or cards of any kind pertaining to the services performed und er this Agreement unless pri or writt en approva l has been secure d from C it y to do othe rwi se. 26. WAIVER: A waiver by City of any breach of any term , covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, cove nant, or co nditi on conta in ed herein. w het her of the same or a different c haracter. 11 27. INTEGRATED CONTRACT: This Agree ment represents the full and co mpl ete understandin g of eve ry kind or nature whatsoever between th e partie s he reto, and a ll pr e liminar y negot iation s a nd agreements of whatsoever kind or natur e a re mer ge d herein . No verbal agreement o r implied covena nt shall be he ld to vary the provisions he reof. Any modifi cation of this Ag reement wi ll be effective only by written execut io n s igned by both City and Co ntracto r. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted int o the Agree me nt shal l be deemed to be enac ted he re in, a nd the Agreement sha ll be read and enforced as thou gh each were included herein. lf throu gh mi stake or othe rw ise , any such pro v isio n is not in se rted or is not correctly in serted, the Agree me nt shall be amended to make such in se rti o n o n application by e ith e r part y. 29. CAPTIONS : T he captions in th is Agreement are fo r convenie nc e only , are not a part of the Agree men t and in no way affect, limit or amplify the term s or provisions of this Ag ree ment. IN WJTNESS WHEREOF, the parties have caused the Agreeme nt to be exec uted on the da y a nd year first above written. CONTRACTOR By L,_~~~~~~~ T i t~-~--'~~o.o._-'------<----- Da te --~-------- CITY OF CUPERTINO A Munic ip a l Co rp orat io n RECOMMENDED FOR APPROVAL : By ___________ _ Accou nt # Tit le "2/.l'"O . is .1 u qlJO ·'t~ Cont ract Amount: $35,000.00 APPROVED AS TO FORM: By .. kU ~ C it y Atto rn ey ~~1P= CityC lerk ff'· J IJ-/h 12 20 16 Mun icipa l St reet Cra c k Sealing Technical Provisions a nd Traffic Co ntrol Req ui reme nts I . CR AC K SEA LI NG TEC HN ICA L SPEC I FICAT IONS a. Ite m Requi rement EXHIBIT A T hi s worJ.;: s hal l consi st of re mov in g vege tat ion. embedded sa nd a nd dirt an d a ll ot her debris and incomp ress ible mater ia ls. evapo rati ng mo isture from cracJ.;:s a nd joints in the asp halt conc rete pavement, and clea n ing and filling the cracJ.;:s wit h r ubber asphalt join t seal as s pec ifi ed in these s pec ia l provis ions, and as d irected by t he Eng inee r. b. Sco pe MA T ERI A LS T he cracJ.;: sealan t sha ll be a mixtu re of pav in g asp halt a nd gro und rub ber a nd sha ll co nfo rm to ASTM 06690. Type 11. CONSTRUCT ION All cracks 3132 of an in c h wide o r wider shal l be sea led. Immed iate ly pr ior to app ly in g th e sealan t, the crac J.;:s s ha l I be clea ned. Re 111 ova l of vege tat ion and al I in compres s ible mate ri a ls from cracks andjo ints s hal I be by means of hot compre sse d a ir lance . (Oth er met hod s s uch as rout in g w ith co 111 prc sse d ai r clea nin g may be subst it uted at engineer"s s pec ificatio n. Und er ANY ci rcum stances co mpre sse d a ir use d for c lea ni ng MUST be o il free .) Before seali ng. t he crack su rface s must be made clea n. dust free. and dr y . The preferred way to remove the mo isture is · wi th th e use of t he ho t co m pre ss ed a ir lance. The temperat ur e will be at least 2000 degrees F. The lance s hall be not mor e t han 50 feet ahead of t he seal ing un it, as they prog ress down the paveme nt. so that the crack area does not have tim e to coo l or take up new mois tu re fro m be low. CracJ.;: sea l mate ri als sha ll be pl aced in co nform ance vv ith the man ufac turer's recom mendat io ns. Crack sea l mate ri a ls s ha ll not be pl aced when th e s urfac e te mp e ra t ure is be low 50 degr ees Fa hre nh eit. T he lin is hed crack sea l sha ll be bo nd ed to th e cra ck s uch that th ere is no se pa rati o n or o pe nin g betwee n the sea lant and the crack edge and th ere s ha l I be no cra cks , separati on or ot her open ing in t he sea lant. T he Co nt ra cto r s h a l I re move c rack sea l mate ri a l th at is not pl ace d with in t he confo rma nce of t hese prov is ions , clean cracks as s pec ifie d here in an d then resea l the crack s at h is expen se . c. Meas uremen t & Payme nt The Contract Pr ice s ha ll be pa id by the lin ea l foot for r ubbe ri zed as ph a lt crack seal and s hal l include fu ll co mpe nsat io n for furn ish ing a ll la bo r, materi als. too ls, equ ipment , t raffi c co ntro l and inci dentals , a nd for do in g a ll th e wo rk invo lve d in co nst ru ct ing rub be ri ze d asph a lt sea led cracks , com pl ete in place. SECT ION 2016 Municipal Street Crack Sc·aling ' T echn ical Specifications and Trnrfi c Con trol Pro visions 1\ ugusl '.', 20 I 6 EXHIBIT A 2 -TRAFFIC CONTROL REQUIREMENTS The Contractor shall submit traffic control p lans to the Engineer for approval fi ve (5) working days prior to work on any art e rial or co ll ector streets. I . The Contractor sh al I conduct operations and sc hedul e cleanup so as to cause the least possible obstructio n and inconvenience to traffic, pedestrians, cyc li sts and adjacent property owners. All wo rk areas s hal I be swept c lean at the end of eac h da y's work and at other times whe n directed by the Eng ine er. 2. Damage done by the Contractor durin g the course of the work to adjacent City. public or private property shall be repaired in kind, or as directed by the Eng in eer , at the Co ntractor's expense . 3 . No stockpiling of materials or parking of eq uipm ent during non-working hours wi 11 be allowed on City property , i.e., streets, alleys, parking lots , sidewa lk s, etc. 4. The Contractor's employees are su bj ect to all parking regulations in effect in the City of Cupertino. 5. The Contractor shall not a ll ow traffic within work a reas until crack fill material has suffic ientl y coo led. 6. The Contractor sha ll s uppl y, place , and maintain a ll necessary traffic control devices in accordance with the app li cab le req uirement s of the Ca li forn ia Manual of Uniform Traffic Contro l Devices, latest edition. 7. All traffic control devices sha ll conform to Section 12 of the Caltrans Standard Spec ifications . They are to be in good cond iti o n and sufficiently clean so as to be easily vi s ible to traffic. Al l s igns sha ll be p laced in positions where they co nve y their message most effective ly or as show n on the approved traffic control p la n. 8. Dated ''No Parking Tow Away'' s ign s shall be posted a minimum of 48 hours in advance of a ll work requiri ng that cars not be parked on the st reet. Date and time of work sha ll be written on s igns in two-inch-high lette rs w ith a 'Ii -inch felt black marker. Signs s hall be posted 50 feet on center and removed immediately after the work is comp leted. The Contractor must notify Cupe rtin o Code Enforcement Officers at (408) 777-3182 with locat ions ol' posting to verify forty eight (48) hour notice. 9. No work will be per mitted within 1500 feet of school gro und s until after 8:30 a.m . on sc hool days. Ot her s pec ial restrictions may be requ ired at heavily used sc hool cross in gs or sc hool com mu te routes beyond 1500 feet fr om the school grounds as deemed necessary for st ud ent safety by the Eng in eer. I 0. No closure of lanes on arterial and collector streets wi ll be permitted between the hours of7 a nd 9 a.m. and 3:30 a nd 7 p. m. 20 16 Mun ic ip:il Siree t Crac k Sea ling T ec hni cal Sp ecific ation s and Traffi c Contro l Pro v isions Au g u s t~' 20 16 EXHIBIT A 11. If work wil l impact transit stops or transit routes. Contracto r shall be required to contact Santa C lara Valley Tra ns portation A uthority or other affected transit companies to address re location of faci li ties or rero uti ng of bu ses prior to subm itt in g traffic contro l plan. Traffic contro l plan s ho uld indicate \vhat actions are be in g take n with regard to transit serv ice s. 12. A ll s ign s a nd ot he r warning devices sha ll be provided by the Contractor and sha ll become hi s property after comp let ion of the Co ntra ct. The cost of providing, insta ll ing and maintaining s ign s. li ghts , caut ion tape. delineators. flares, barricades and ot her facilities as directed by the Engi neer for the convenience and direction of public traffic shall be included in the prices paid for the various it ems of work involv ed in the proj ect . 13. The above requ ireme nt s a re a minimum and do not limi t the Co nt ractor's respo ns ibility of doing a ll that is pra ctica l a nd necessa ry to ensure the safety of wor kers, pedestrians. bicyclists. and motorists. Th e Co ntractor s hall conform to the above traffic co ntro l requirements whic h a re genera ll y a pplicabl e to most common situatio ns. Based on the nature of a job. additional conditions or exceptions to the above conditio ns ma y be necessa ry. 2015 Muni ci pa l Stree t Crac k Sea l mg · T ~c hnical S p ~c i ficat i on s and Traffic Co ntro l Pro visi ons i\ugust 2 , 20 16 GRAHAM CONTRACTORS I N C. EST . 1976 P0sl 011\cc Box 26770 San .lose. CA 95159 Phone (408 ) 293-9 5 16 Fax \4 08; 293-3 633 QUOTATION To : Jo Anne Johnson Quote Date : ------------------- Firm : --------'C'-i t"-y-"o_f ~C-'-u"-pe"-r-'-ti'-no~------Bid Date/Time Phone: ___________________ City Fax: ___________________ Con tr. NO Email : joa1 1n ei@cup erti 110.org Job: 2016 Mun icip al Street Crac k Sealing ITEM NO. DESCRIPTION UO M NO ITEM Seal Cracks 1/4" to 1" with Hot Pour LUMP SUM Materi al Deery 200CA Typ e 2 Includes : As specified Pric e Good Oc tobe r 30 ,2016 NO . of Move Ins : Thru Each Add'I C rn r k St>al Di v i ~ion Ph :(lJ16 ) 257 -7 158 Fa x (9 16) 772-93-1 2 August 10, 2016 Wednesday , August 10 , 2016 Cu ertino N/A QUANTITY UNIT PRICE TOTAL 1 $3 5,000.00 $ 35 ,000.00 T OT AL $ 35 000.00 1 DAY $5,500.00 Exc lus ions: Tr affic Control Permits . Fees , Bonds (Bondable@ 1%), Removal of Parked Ca rs . A/C Patchi ng, Heavy Cleaning I Press ure Washing , Rolling , Routing/Sawcutting of cracks , Herbicide , Cleari ng/Grubbing , Vegetation I Tree Trimming, Job-Site Scales , CMS Boards , Traffic Pol ice , Tack/Prime Coats. Flood Testing , Leveling Courses. Rut Filling , Railroad Traffic Co ntrol , Security Classes/Badging. Stripe/Marker Removal , Stripe/Marker Replaceme nt, Stripe/Marker Protection , Tempora ry Delineation of any type , Job-Specific Calibration , Installation of Posts/Signs . Curb Painting , Bollard Painting , Wheel Stops, Sandblasting or Grinding of any type , Informational Signage Saturday & Sunday Work , Night Work , Any and A LL Contractual Sha re Payments or Agreements , OCIP/C CIP/W RA P Participation OR Fees (these may be added at actual cost , pend ing approval by our insurer), Builde r's Risk Insurance , Repair of power stee ring marks (inhere nt to mate rials bei ng used), QA/QC/T EST IN G , SWP PP/WPCP , FE DERAL WAG ES. Grad inq/Base Preo/Waterino. Forma l O R Certified Tr affic Control Plans. Attenuator Ve hicles. Po stino, Notifvi na Sweeoers Terms of Quote : Payment Wlthln 30 Days of substantlal co mplet ion of ou r wo rk I NO RETENTI O N ON PRO J ECTS UNDER $ 7,501 00 THIS QUOTAT ION A ND CONDITIONS M UST BECOME PART OF ANY CONTRACT OR PURCHASE ORDER , ANDCANNOTBESUPERSEDEDBYANYOTHERTERMSOFTHEAGREEMENT IF CONTRACTOR OR OWNER D IRECTS GRAHAM CONTRA CTORS TO PROCEED WITH THE WORK SET FORT H ABOVE , EVEN IF SA ID DIRECT ION IS ONLY MADE VERBALLY OR ELECTRON ICALLY, THEN CONTRACTOR AGR EES TO THE TERMS AND CONDITIONS OF THIS QUOTE , UNL ESS A N D UNTIL THE PARTIES THEREAF T ER SIGN A MUTU ALLY ACCEPTABLE WRITTEN AGREEMENT Ac ce pted By : Ti t le: GRAHA M CON T RAC TO RS IS UNION S IGN A TORY CA Lie .# 315789 A , C-12 ------DI R Reg. # 1000006175 Q uote Submitted By : Ed A ue ro Street Name DEXTER DR BEARDON AVE BEARDON AVE BEARDON AVE BEARDON AVE OAK MEADOW CT TERR ACE DR LIBERTY CT NEW HAVEN CT OLD TOWN CT PRESIDIO DR PROVIDENCE CT l<IM ST l<IM ST ATHERWOOD AVE BLACKWOOD DR BLAZ INGWOOD AVE CANDLEWOOD CT CAND LEWOOD DR COTIONWOOD DR ESTATES DR LANCER DR MYRTLEWOOD AVE W ESTATES DR BROOl<GROVELN FERNGROVE DR HYDE AVE SHADYGROVE CT SHADYGROVE DR "' TONI CT AUBURN DR AUBURN CT RAINBOW DR UNIV ERS ITY WAY CARMEN RD HILLCREST RD BERKSHIRE CT FAIRWOODS CT JEANETIE CT GREENLEAF DR STEVENS CREEK BLVD City of Cupertino -2016/2017 Cr ack Sea l Proj ect St reet List Area ID Beg Location End Location 1 BREWER CHISHOLM 2 100' N/O VA LLEY GREEN N END 2 ALVES 500 ' N/O ALVES 2 500' N/O ALVES ACAD IA 2 ACADIA 100' N/O VALLEY GREEN 6 STEL LING END 10 BUBB SAN TA TERESA 11 PRESIDIO END 11 PRES IDIO END 11 PRES IDIO END 11 BUBB FT. BAKER 11 PRESID IO END 15 l<IRWIN MCCLELLAN 15 BOLLINGER KIRWIN 19 MILLER ALDERBROOI< 19 CANDLEWOOD COTIONWOOD 19 ALDERBROOK MYRTLEWOOD 19 CANDLEWOOD END 19 ATHERWOOD MYRTLEWOOD 19 BLACl<WOOD ATHERWOOD 19 W ESTATES BOLLINGER 19 MYRTLEWOOD BOLLINGER 19 BLAZINGWOOD CANDLEWOOD 19 LINDENBROOI< W ESTATES 21 SHADYG ROVE WILLOWGROVE 21 SHADYGROVE W IL LOWGROVE 21 BOLLINGER SHADYGROVE 21 SHADYGROVE END 21 STEN DAHL TANT AU ·' ... ""'O r'" .•• ,,1. ).i~ ~ ·-·~ 27 FOREST END 26 PORTAL END 26 AUBURN END 7 BUBB V IL LA MARIA 31 PENINSULA A LH AMBRA 32 FOOTHILL END 32 CUPERT I NO END 37 SALEM END 2 STELLING END 4 CREEKLINE END 2 STEL LI NG BEARDON 37 FOOTHILL CITY LIMITS (WEST) Area SQ/FT 16596 6513 18000 57794 17460 10360 62640 8100 8100 8100 40960 8100 25280 9600 21600 13440 25120 6517 36160 30400 4810 7520 21760 34780 30240 29600 40320 12202 43680 6957 31680 4437 18900 17480 6513 28375 6707 13706 6144 48026 138006 ***BOND ISSUED IN DUPLICATE *** PERFORMANCE BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. 106332982 KNOW ALL MEN BY THESE PRESENTS : That GRAHAM CONTRAC TORS . IN C. 860 Lo nus Street San Jose CA 95 159 , as Principal , hereinafter called Contractor , and, Travelers Casualty and Surety Company of America, of Hartford , Connecticut, a corporation duly organized under the laws of the State of Connecticut, as Surety, hereinafter called Surety, are held firmly bound unto CITY OF CU PERTINO , 10300 Torre Aven ue. Cu pert ino , CA 950 14 , as Obligee, hereafter called Owner, in the amount of _______________________ T_hi~rt~y_F_iv~e_T_h~ou~s~a~nd~a~nd~00~/~10~0 Dollars($ 35 000.00 ), for the payment whereof Contractor and Surety bind themselves , their heirs, executors, administrators , successors and assigns, jointly and severally, firmly by these presents . WHEREAS, Contractor has by written agreement dated ____________ , entered into a contract with Owner for Municipal Stree t Crack Sealing Proj ect FY 16-17 in accordance with Drawings and Specifications prepared by--------------which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract , the Owner having periormed Owner's obligations thereunder, the Surety may promptly remedy the default , or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder , or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof . The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable to Owner to Contractor under the Contract and any amendments thereto , less the amount properly paid by Owner to Contractors . Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due . No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors , administrators o r successors of the Owner. ,..-~~~~dayof ____ ~A=uq=u=s=t __ _,,=7~W;+'ee~=iAC;TeiRi /.,/,(Ct u ~-- Witness Witness , Attorney-in-Fact Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty and Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A311, February 1970 edition. !CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness , accuracy , or validity of that document. State of California County of San Francisco AUG 24 2016 On before me , Celeste C. Austria, Notary Public , personally appeared Daravy Mady 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 fil.s /her/tfleH: authorized capacity(ies), and that by fl.is /her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c01Tect. WITNESS my hand and official seal. C) Cl -' ·-. ~ Signature ..-p(_ .. {, · : Celeste C . Austri.?,Notary Public WARNING : THIS POWER OF ATTORNEY IS IN VALID W ITHOUT THE RED BORDER .. , ~ POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company F idelity and G u aranty Insurance Company F idelity and Guaranty Insurance Underwriters, Inc. St. Paul F ire and Marine Insurance Company St. Paul Guardian Insurance Company Attorney-In Fact No. 228903 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty a nd Surety Company of America United States Fidelity and Guaranty Company Certificate No. 006558820 KNOW ALL MEN BY THESE PRESENTS: Th at Farmin gton Ca sualt y Company, St. Paul Fire and Ma rin e In surance Company, St. Paul Guardian Insurance Company, St. Paul Mercury In s uran ce Company , Trave le rs Cas ualt y and Suret y Company, Trave lers Casualty and Sure ty Company of Am e ri ca , and United States Fidelity a nd Guaranty Company are corporation s dul y o rgani zed und e r th e laws of the State of Connecti c ut , th at Fide lit y and Gu arant y In s ura nc e Company is a corporation dul y organi zed unde r th e law s of th e State o f Io wa, and that Fide lity and Gu arant y In suran ce Und e rwrite rs , Inc., is a corporation dul y orga ni ze d under th e la ws of the State of Wi scon s in (herein collectivel y ca ll ed th e "Companies"), and that th e Compani es do here by make , con stitute and appoint John T. Lettieri , Tom Branigan , John Gilliland , Jame s Ro ss, Nathan Varno ld , and Daravy Mad y of the City of -~S~a~n~F~r~a~n~c~is~c~o~---------' State of ____ ~C_a_l _i ~~o~r_n_ia __________ , th e ir tru e and lawful Atto rn ey (s)-in-Fac t , each in th e ir se parate ca pacity if more than one is na med a bo ve, to s ign , exec ut e, se al a nd ac kn ow ledge an y and a ll bond s, recog ni za nces , condition al und e rtakings and othe r writin gs obli ga tory in th e nature th e reof o n be half o f th e Comp a ni es in th e ir bu s in ess of g uarantee in g th e fid e lit y of pe rson s, g uaranteein g th e pe1fo1mance of contracts and executing or gu arant eein g bond s and und e rt akin gs required or permitted in a ny ac ti ons or proceedin gs a ll ow ed by law . IN WITNESS.WHEREOF. th e Co mp ani es ha ve ca use d thi s in strum e nt to be s ig ned a nd th e ir corporate sea ls to be hereto affi xe d , thi s _____ 6_th _____ _ da y of Janu ary 2016 State of Connec ti c ut City of Hartford ss. Farmin gton Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company By: St. Paul Mercury Insurance Company Travelers Casualt y and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On thi s the 6th da y of January 20 16 , be fore me perso nall y app ea red Robert L. Ran ey, who acknow ledged him se lf to be the Senior Vice Pres ident of Farmin gton Ca sualt y Company, Fidelity and Gu aranty In suran ce Company, Fidelity and Guaranty In suran ce Underwrit ers , In c ., St. Paul Fire and Marine In suran ce Company, St. Paul Guardi a n In s uran ce Compa ny, St. Paul Me rc ury In suran ce Compa ny, Tra ve lers Cas ua lt y a nd Suret y Company, Travelers Casualty and Sure ty Company of Ame ri ca , a nd Unit ed St ates Fide lit y and Gu arant y Co mp any, a nd that he, as s uch , be in g auth ori zed so to do , exec ut ed th e for egoin g in s trument for th e purpo ses th ere in cont a in ed by s ignin g o n be half of th e corporation s by him se lf as a dul y auth o ri ze d offi cer. In Witness W h ereof, I hereunto se t my hand and o ffi c ia l seal. M y Commi ss ion ex pires the 30th cl ay of June , 201 6. 58440-8-12 Printed in U.S .A. '"Marie C. Te1reault , No tary Pu bli c WARNING : TH IS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the followin g re solutions adopted by the Boards of Directors of Farmington Cas ua lt y Compan.y, Fidelity an d Guaranty In s uran ce Company, Fide lity and Guaranty In s urance Underwrite rs , In c., St. Paul Fire and Marine In s urance Company, St. Paul Guardian In surance Company, St. Paul Mercury In surance Company, Travelers Casualty and Surety Company, Trave lers Casualty and Surety Company of America , a nd United States Fidelity and Guaranty Company, which resolution s are now in full force and e ffect, readin g as follo ws: RESOLVED , that the Chainnan, the Pres ident , any Vice Chairman , any Executive Vice Pres id ent, any Senior Vice Preside nt , any Vi ce President , any Second Vice Pres id ent, th e Treas urer, any Assista nt Treas urer, th e Corporate Secretary or any Assis tant Secretary may app oi nt Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appo intee such authority as hi s or her certifi cate of a uthority may prescrib e to s ign with th e Company's name and sea l with th e Company 's sea l bonds , recogni zances , contract s of indem nit y, and other writin gs obligatory in th e nature of a bond , recogni zance , or conditional undertaking , and any of sa id officers or the Board of Directors at any time may remove an y such appo int ee and revo ke the power g iven him or her; and it is FURTHER RESOLVED , that the Chairman , the Pres ident , any Vice Chairman , any Executive Vice Pres id e nt , any Senior Vice Pres id en t or any Vice President ma y delegate a ll or any part of the foregoing authority to one or more officers or employees of thi s Company, provid ed that each s uch de legation is in writing and a copy thereof is filed in th e office of the Secretary; and it is FURTHER RESOLVED , that any bond , recogn iza nce , co ntrac t of ind emn ity, or writin g obli gatory in the nature of a bond , recogni zance , or conditional undertaking s hall be valid and binding upon the Company when (a) s igned b y the Pres ident , any Vice Chairm an , an y Executive Vice President , an y Senior Vice Pres id e nt or any Vice President , any Second Vice Pre sid ent, the Treasurer, any Assistant Treasurer, the Corporate Sec retary or any Ass istant Secretary and duly attested and sealed with th e Company's sea l by a Secretary or Assistan t Secretary; or (b) dul y exec uted (under sea l , if required) by one or more Attorneys-in-Fact and Agents purs uant to the power prescribed in hi s or her certificate or th eir certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED , that th e sig nature of eac h of th e following officers : President, any E xecutive Vice Pres id ent , any Senior Vice President , an y Vice President , any Assistant Vice Presid ent , any Secretary, any Ass ista nt Secretary, and the seal of the Company may be affixed by fac s im ile to any Power of Attorney or to any ce11 ificate relating thereto appointing Res ident Vice Pres idents, Res ident Ass istant Secretari es or Attorn eys-in -Fact for purpo ses on ly of exec utin g and attesting bond s and undertakings and other writings ob li gatory in th e nature thereof, and any suc h Power of Attorney or certificate bearing such fac simile s ig nature or fac s imile seal shall be va lid and binding upon th e Company and any s uch power so ex ec uted and certifi ed by s uch fac s imil e s igna ture and fac s imil e seal s hall be va lid a nd binding on th e Company in the future with respect to any bond or understandin g to whi ch it is attac hed. I , Ke vin E. Hughes, the unders igned , Ass istant Secretary, of Farmington Casualty Company, Fidelity and Guaranty In s urance Company, Fidelity and Guaranty In suran ce Underwriters , In c., St. Paul Fire and Marine In surance Company, St. Paul Guardian In s urance Company, St. Paul Mercury In s urance Company, Travelers Casualty and Surety Company, Trave le rs Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that th e above and foregoing is a true and correct copy of the Power of Attorney exec ut ed by said Companies , whi ch is in full force and effect and has not been revoked. AUG 2 4 2010 IN TESTIMONY WHEREOF , I have hereunto set my hand and affixed th e seals of sa id Companies thi s ____ da y of ____________ , 20 To verify the a uthenti c it y of thi s Power of A norney, ca ll 1-800-421 -3880 or contact us at www.travelersbond.com. Please refe r to the Attorn ey-In -Fact number, the above-named individual s and th e detail s of the bond to wh ich the power is attached. WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) County of Santa Clara ) On August 25 , 2016 before me, Tony D. Gulbraa, Notary Public, personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted , executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) ***************************************OPTIONAL********************************************************* (Though the information below is not required by law , it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document .) Description of Attached Document Title or Type of Document: _______________________ _ Document Date : _____________ _ Number of Pages: ______ _ Signer(s) Other Than Named Above: ____________________ _ Capacity(ies) Claimed by Signer Signer's Name: ___________________________ _ D Individual D Corporate Officer -Title(s): ______________________ _ D Partner --D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is Representing : _____________ _ Right Thumbprint of Signer Above ***BO ND ISSUED IN DUPLICATE *** LABOR AND MATERIAL PAYMENT BOND Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford, CT 06183 Bond No. 1063329 82 THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFROMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS : That GRAHAM CON TR AC TORS INC. 860 Lonus Street San Jose CA 95159 , hereinafter called Principal, and, Travelers Casualty and Surety Company of America , of One Tower Square 3PB, Hartford. CT 06183, a corporation duly organized under the laws of the State of Connecticut , as Surety, hereinafter called Surety, are held firmly bound unto CI TY OF CUPERTI NO, 10300 Torre Avenue, Cupertino, CA 950 14 , as Obligee, hereafter called Owner for the use and benefit of Claimants as herein below defined , in the amount of _T_h_irt~y_F_i v~e~T_h~o~u~s=an_d~an~d~00=/_1 =00~-------------------- Dollars ($ 35 000.00 ), for the payment whereof Principal and Surety bind themselves , their heirs , executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated-----------' entered into a contract with Owner for Municipal Street Crack Sea lin g Pro jec t FY 16-17 in accordance with Drawings and Specifications prepared by which contract is by reference made a part hereof , and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract , then this obligation shall be void ; otherwise it shall remain in full force and effect , subject , however, to the following conditions : 1) A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both , used or reasonab ly required for use in the performance of the Contract , labor and mater ial being construed to include that party of water, gas , power, light , heat , oil , gasoline , telephone service or rental of equipment directly applicable to the Contract. 2) The above-named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon . The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3) No suit or action shall be commenced hereunder by any claimant: (a) Un less claimant , other than one having a direct contract with the Principal , shall have given written notice to any two of the following : the Principal , the Owner, or the Surety above-named , within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for Davi which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed . Such notice shall be served by mail ing the same by registered mail or certified mail , postage prepaid , in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. (b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. (c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project , or any part thereof, is situated, and not elsewhere. 4) The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclus ive of the payment by Surety of mechanics ' liens which may be filed of record against said improvement, whether or not cla im for the amount of such lien be presented under and against this bond. Tr , Attorney-in-Fact Printed in cooperation with the American Institute of Architects (AIA) by Travelers Casualty an Surety Company of America. The language in this document conforms exactly to the language used in AIA Document A311, February 1970 edition. /CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A Notary Public or other officer completing this certificate verifies only the identity of the indi v idual who signed the document to w hich this certificate is attached, and not the truthfu ln ess, accuracy, or vali dity of that document. State of California County of San Francisco AUG 2 4 2016 On before me , Celeste C. Austria, Notary Public , personall y appeared Daravy Mady 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 ffis /her/their authorized capacity(ies), and that by ffis /her/Bteif signature(s) on the instrument the person(s), or the entity upon behalf of w hi ch the person(s) acted , executed the instrument. I certify under P ENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and c01Tect. WITNESS my hand and official seal. ~~«--o_ 9c· _/},: Signature ________ ___,,._~ ____ _ Celeste C. Austri.afNotary Public WARNING: THIS POWER OF ATTORNEY IS IN VA LID WITHOUT THE RED BORDER .... POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marin e Insurance Company St. Paul Guardian Insurance Company Attorney-In Fact No . 228903 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America U nited States Fidelity and Guaranty Company Certificate No. 006558821 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casua lt y Company, St. Paul Fire and Marine In s urance Company, St. Paul Guardian Ins urance Company, St. Paul Mercury In s urance Company, Travelers Casualt y and Surety Company, Trave lers Casualt y and Surety Company of America, and United States Fidelity and Guaranty Company are corporations du ly organi zed under the laws of the State of Connecticut , that Fidelity and Guaranty In s urance Company is a corporation duly organized under the laws of th e State of Iowa , and that Fidelity and Guaranty In s urance Underwriters, Inc ., is a corporation dul y organi zed under the laws of the State of Wi scons in (herein collective ly call ed the "Cornpanies"), and that the Companies do hereby make , constitute and appoint John T. Lettieri , Tom Branigan , John Gilliland, James Ross, Nathan V a rnold , and Daravy Mad y of th e City of _~S_,,,a.,_n.__,_F_.r..,au.nuc..,j"'s.,_c,...o,_ __________ , State of ____ ~C~au.l~i_.f~ou.r~nu.ia~----------, their true and lawfu l Attorney(s)-in-Fact , each in their separate capacity if rnore than one is named above , to sig n , execut e , seal and acknowledge any and a ll bonds , recogni za nce s , conditional undertakings and other writings obligatory in the nature thereof on be half of the Cornpanies in th e ir bu s iness of guaranteeing the fidelity of persons, guaranteeing the pe1forrnance of contracts and executin g or guaranteeing bonds and unde rtakings req uired or permitted in any action s or proceed in gs a ll owed by law. IN WITNESS WHEREOF , the Companies have caused thi s in strurnent to be sig ned and their corporate seals to be hereto affixed , thi s _____ 6_th _____ _ day of January 20 16 State of Conn ecticut City of Hartford ss. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul F ire and Marine Insurance Company St. Paul Guardian Insurance Company By : St. Paul Mercury Insurance Company Traveler s Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company On th is the __ 6~t~h _____ da y of _~J~a~n~u~a~r_,.y _______ _ 20 16 , before me personally appeared Robert L. Raney, who acknowledged hirn se lf to be the Senior Vice President of Farmington Casualt y Company, Fidelity and Guaranty In surance Company, Fid e lit y and Guaranty In s urance Underwriters , Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian In s urance Cornpany, St. Paul Mercury In s urance Cornpany, Travelers Casua lt y and S urety Company, Travelers Casua lty and Surety Company of A meri ca , and United States Fid e lit y and Guaranty Company, and that he , as s uch , being authorized so to do , executed the foregoing in s trument for th e p urposes th e rein contained by s igning on behalf of the corporations by him self as a duly authorized officer. In Witness Whereof, I hereunto set m y hand and official seal. My Cornm iss ion expires th e 3 0th day of June , 2016. 58440-8-12 Printed in U.S.A. c.j~ \:Marie C. Tetreault , Notary Public WARNING: THIS POWER OF ATTORNEY IS IN VA LID WITHOUT THE RED BORDER WARNING: THIS POWER OF AITORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the fo ll owi ng re so lution s ado pted by the Boards of Directors of Farm in gton Casualt y Com)>ally, Fide!.ity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc ., St. Paul Fire and Marine In surance Company, St. Paul Guardian In surance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Trave lers Casualty and Sure ty Company of America, and United States Fidelity and Guaranty Company, which re soluti ons are now in fu ll force and effect, re ad in g as follows: RESOLVED , that the Chainnan , the President , any Vice Chairman, any Executive Vice Pre sident , any Senior Vice Pres ident, any Vice President , any Second Vice President , the Treasurer, any Ass istant Treasurer, th e Corporate Secretary or any Assistant Sec retary may appoint Attorneys-in-Fact and Agents to act for and on behalf of th e Company and may give such appo intee such authority as hi s or her certificate of authority may prescribe to s ign wit h the Company 's name and seal wit h th e Company's sea l bonds , recogni za nces , contracts of indemnity, and other writi ngs ob li gatory in the nature of a bond , recogn iza nce, or conditional undertakin g, and any of sa id officers or the Board of Directors at any time may remove any suc h appointee and revoke the power given him or her; and it is FURTHER RESOLVED , that the Chairman , the President, any Vice Chairman, any Executive Vice Pres ident , any Senior Vice Pre sident or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of thi s Company, provided that each such delegation is in writing and a co py thereof is filed in the office of the Secretary ; and it is FURTHER RESOLVED , that any bond, recognizance, contract of indemnity, or writin g obli gatory in the nature of a bond, recognizance, or condition a l undertaking shall be va lid and binding upon the Company when (a) s igned by th e Pres ident , any Vice Chairman , any Executive Vice Pre sident , any Senior Vice President or any Vice President , any Second Vice President , the Treasurer, any Assistant Treasurer, the Corporate Secretary o r any Ass istant Secretary and duly attested and sea led with the Company's seal by a Secretary or As sistant Secretary; or (b) duly executed (u nd er sea l , if required) by one or more Attorneys -in-Fact and Agents pursuant to the power prescrib ed in hi s or her certifi cate or th e ir certifi ca tes of authority or by one or more Company officers pursuant to a writt e n delegation of a uthority; and it is FURTHER RESOLVED , that th e s ignature of each of th e following officers: President, any Executive Vice President , any Senior Vice Pre s ident , any Vice President , any Assistant Vice Pres ident , any Secretary, any Ass istant Secretary, and the sea l of the Company may be affixed by fac s imil e to any Po wer of Attorney or to any certificate relating thereto ap pointin g Resident Vice Presidents , Resident As sistant S ecretaries or Attorneys-in-Fact for purposes only of execu tin g and attesting bonds and undertakings and other writi ngs obligatory in the nature thereof, and an y such Power of Attorney or certificate bearing such facsimi le sig nature or fac simile sea l shall be va lid and binding upon the Company and any such power so executed and certified by s uch facsimile signature and facs imjl e seal s hall be va lid and binding o n the Company in the future with respect to any bond or understanding to which it is attached. I , Kevin E. Hughes , the undersigned , Ass istant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty In s urance Underwriters, Inc ., St. Paul Fi.re and Marine In surance Company, St. Paul Guardian In surance Company, St. Paul Mercury In s urance Company, Travelers Cas ualt y and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby cettify that the above and foregoing is a true and co tTect copy of the Po we r of Attorney exec uted by sa id Companies , whi ch is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF . I have hereunto set my hand and affixed the seals of sa id Companies this ____ da y of A U G 2 4 2 0 16 20 To verify the authenticity of thi s Power of Auorney, call l -800-421-3880 or contact us at www .travelers bond.com. Please refer to th e Attorney-In -Fact number, the above-named indi viduals and the detail s of the bond to which the power is attached. WARNING : THIS POWER OF AITORNEY JS INVALID WITHOUT THE RED BORDER A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California ) ) County of Santa Clara ) On August 25, 2016 before me , Tony D. Gulbraa , Notary Public , personally appeared David Graham who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TONY 0. GULBRAA Commission # 2002703 ~ ~ ·• Notary Public -California ~ z Santa Ciara County ... J 4 4 • ~ • 9 • M! :o~"l; [xe,'.r~s geg 't1}~1 & ~ (Seal) ***************************************OPTIONAL********************************************************* (Though the information below is not required by law , it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of th is form to another document .) Description of Attached Document Title or Type of Document: _______________________ _ Document Date: _____________ _ Number of Pages : ______ _ Signer(s) Other Than Named Above : ____________________ _ Capacity(ies) Claimed by Signer Signer's Name : ___________________________ _ D Individual D Corporate Officer -Title(s): ______________________ _ D Partner --D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer is Representing : _____________ _ Right Thumbprint of Signer Above AC~® CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/DD/YYYYi ~-08/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R IGHTS UPON THE CERTIFI CATE 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 certifi cate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIO N A L IN SURED provisions or be e nd orsed. If SUBROGATION IS WAIVED, subject to th e te rm s and conditions of the po licy, certain polici es may require an endorsement. A statement on this certificate does n ot co n fer ri g h ts to the certifi cate holder in lieu of suc h e nd o r sement(s). PRODUC ER CONTACT Aon Ri sk Insurance Services west, Inc . NAME: PHONE (866) 283-7122 I r,,e~, No.): 800-363-0105 San Jose CA office (A/G. No. Ext): 60 South Market Street, suite 1100 E-MAIL San Jose CA 95113 USA ADDRESS: INSURER{$) AFFORDING COVERAGE NAIC # IN SU RE D INSURER A: The Travelers In demnity Co of CT 25682 Grah am Cont ract ors , Inc . INSURER B: Travelers Property cas co of Amer ica 25674 860 Lonus Street P .O. Box 26770 IN SURER C: San Jose CA 95159 USA INSURER D: INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 570063405252 REVISION NUMBER: TH IS IS TO CERT IFY TH AT T HE POLI C IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO LI CY PER IOD IND ICATED. NOTWITHSTAND ING ANY REQU IREMENT, TERM OR C ONDITION OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO WHICH TH IS CERT IFI CATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFOR DED BY THE PO LIC IE S DESCRIBED HERE IN IS SUBJECT TO A LL THE TERMS , EXCLUSIONS AND CONDIT ION S OF SUCH POLI C IES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA IMS. Limits shown a r e as requeste d INSR TYPE OF INS URANC E ADDL SUBR POLICY NUMBER POLICY EFF POLI CY EXP LI MITS LTR INSD WVD IM M/DD /YY YYI IMM/DD /YYY Y A x COMMERC IAL GENERAL LI ABI LIT Y DT LLCOLG)lLLb4TCT l b Uo/Ul/L Ul b !U)/Ul/ LUll EACH OCCURRENCE $1,000,000 -~ CLAIMS-MADE 0occuR DAMAGE TO RENTED $3 00 ,000 PREMISES <Ea occurrence) f-- MED EXP (Any one person) $10,000 ~ PERSONAL & ADV INJURY $1,000 ,000 GEN'L AGGREGATE LIMIT APPLIES PER : GENERALAGGREGATE $2,000,000 ~ DPRO-DLOC $2 ,000,000 POLICY X JECT PRODUCTS -COMP!OP AGG OTHER : B AUTOMOBILE LIAB ILITY DT-8 10 -7C544188-TI L-16 05/01 /2 016 05/01/2017 COMBINED SINGLE LIMIT $1,000 ,000 ·Ea accidentl -BODILY INJURY (Per person) x ANY AUTO -OWNED -SCHEDULED BODILY INJURY (Pe r accident) ,__ AUTOS ONLY AUTOS PROPERTY DAMAGE -NON-OWNED HIRED AUTOS (Per accident} -ONLY ~ AUTOS ONLY B x UMBRELLA LIAS I~ OCCUR ZUP21Nl8 03616NF 05/01/2016 05 /01/2 017 EACH OCCURRENCE $5,000,000 I--I CLAIMS-MADE ,c..GGREGATE $5,000,000 EXCESS LIAB OED I x jRETENT ION no , ooo B WORK ER S COMPENSATION AND DTJU B7F30 763116 05/01/2016 05/01/2017 x I PER I /O TH - EMPLO YE RS' LI AB ILI TY STATUTE ER Y IN A NY PROPRIETOR i PARTNER I EXECUTIVE ~ E.L. EACH ACCIDENT $1,000,000 OFF ICERiMEMBER EXCLUDED? N /A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under E.L. DIS EASE -PO LICY LIMIT $1,000,000 DESCR IPTION O F OPERATIONS below DESCRIPTION OF OPERATIONS I LOCAT IONS I V EHICLES (AC ORD 101, Additional Remarks Sched ule, may be attached if more space is required) RE: GCI Job# 16-250 . Mun i cipa l Street Crack Sealing. City, its city council, boards and commissions, officers , employees and vlunteers are included as Additional Insured i n accordance with the policy provisions of the General Li ability and Auto mobi le Liability po licies . Ge ne ral Liability and Automobile L iabi l ity p olicies evidenced herein is Pri mary to other insurance available to an Additional Insured, but only i n accordance wit h th e po l ic~'s provisions . A Waiver of subrogation is g ranted in favor o f Certificate Holder in accordance with the policy provisions of 1: e General Liabil i ty , \'iorkers Compensation and Automobile Liability poli cies. With respects to the wo r kers ' Compensation coverage , office rs and directors are excluded . CERTI FICATE HOLDER CANCELLATION SHOU LD ANY OF THE ABOVE DESCR IBED PO LI CIES BE CANCE LLED BEFORE THE E XP IRAT ION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE VVI TH THE POLICY PROVISIONS. Ci ty of Cupe r tino AUTHOR IZED REPR ESENTAT IVE 10300 Torre Ave nue Cupercino CA 95014 USA dn ~Ymwtam:e .9::v.iz.1 ~~ ©1988-2015 ACORD COR P ORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered mark s of ACORD - - - w 0 m <( Cii ~ c C1l ~ ... C1l "O 0 :i:: N "' N "' 0 " "' "' 0 0 ,.... "' 0 z .!!! "' (,,) <;:: ~ C1l () Policy Nubmer: DT22 -C0-2G51226 4-TCT-16 COMMERC IAL GENERAL LIAB ILIT Y THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance prov ided under the following: COMMERCIAL GENERAL LI ABI LIT Y COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorseme nt broadens coverage. However, coverage for any in jury , damage or m edical expenses desc ribed in any of the provisions of this e ndorsemen t may be exc luded or lim ited by anothe r endorsement to t his Coverage Part , and these cove rage broaden ing provis ions do not apply to the exten t th at coverage is exc lud ed or lim it ed by such an endorsemen t . The following li st ing is a genera l cover- age description only. Limitations and exclus ions may apply to these coverages. Read all the provisions of th is en - dorsement and th e res t of you r po licy carefully to determine rig ht s, duties , and what is and is not cove red . A. Aircraft Chartered With Pi lot B. Damage To Premises Rented To You C . Increased Supplementary Payments D. In cidental Medica l Malpractice E. Who Is An Insured -Newly Acqu ired Or Formed Organizations F. Who Is An Insured -Bro adened Named Insured -Un named Subsidiaries G. Blanke t Addi ti onal Insured -Owners , Managers Or Lessors Of Premises PROVISIONS A . AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., A ircraft, Auto Or Watercraft, in Paragraph 2 . of SECTION I -COVERAGES -COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY This exclus ion does not app ly to an aircraft that is: (a) Charte red with a pilot to any insured;i (b ) Not owned by any insured ; and (c) Not be ing used to car ry any person or prop- eriy for a charge . B. DAMAGE TO PREMISES RENTED TO YOU 1 . The first paragraph of the exceptions in Ex- clusion j ., Damage To Property , in Para- g raph 2 . of SECTION I -COVERAGES - COV ERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted . 2. The following replaces the last paragraph of Paragraph 2., Excl usions , of S E CTION I - COVERAGES -COVERAGE A. BODILY H . Blanket Additional In sured -Les sors Of Leased Equipment I. Blanket Additiona l In sured -States Or Political Subd ivisions - Permi ts J. Knowledg e And Notice Of Occur rence Or Offense K. Unintentional Omiss ion L. Blanket Waiver Of Subroga ti on M. A mended Bodil y Injury Definit ion N. Contractual Liab il ity -Rai lroads INJ URY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do no t apply to "premises damage". Exc lusio n f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b . Explosion ; c . Li ghtn ing; d. Smoke resulting from such fire , exp losion , or lightning; or e. Water; unless Exc lusion f . of Section I -Coverage A -Bodily In jury And Property Damage Liability is replaced by anot her endorseme nt to this Coverage Part that has Exclusion -A ll Poll u- tion Injury Or Damage or Tota l Pol lution Ex- cl usion in its title. A separate li m it of insurance appl ies to "premises damage " as described in Para - graph 6. of SECTION Ill -LIMITS OF IN- SURANCE. CG D3161111 © 201 1 T he Trave lers Inde mn ity Co mpany. All rights rese rv ed . Page 1 of 6 COMMERC IAL GENERAL LIABILITY 3. The fo llowing replaces Paragraph 6 . of SEC- TION I ll -LIMITS OF INSURANCE: Subject to 5 . above , the Damage To Prem- ises Rented To Yo u Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one prem ises. The Damage To Prernises Rented To Yo u Lirnit wi ll apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results frorn: fi re; exp los ion; lightning ; srnoke res ul ti ng from suc h fire, exp losion, or lig htning ; or wa ter; or any co m b in ation of any of these causes. The Damage To Premises Rented To You L imit wi ll be: a. Th e amount shown for the Damage To Prem ises Ren ted To You Limi t on the Declarations of this Coverage Part; o r b. $300,000 if no amou nt is shown fo r the Damage To Premises Rented To Yo u Limit on the Declarations of this Coverage Part . 4 . The fo ll owing replaces Paragraph a . of th e defin ition of "ins ured contract" in th e DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever , that port ion of the contract for a lease of premises that indemn ifies any person or organiza t ion for "premises damage" is not an "insured contract"; 5 . The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a . Any premises whi le rented to you or tem- porarily occupied by you with permiss ion of the ow ner; or b. The contents of any premises whi le such premises is rented to you, if you rent such premi ses fo r a pe riod of seve n or fewer consecutive days. 6. Th e fo llowi ng replaces Paragraph 4.b.(1)(b ) of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: (b ) Th at is insurance for "premises damage"; or 7. Parag raph 4 .b.(1 )(c ) of SECTION IV - COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The fo ll owing replaces Paragraph 1.b . of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGE: b . Up to $2 ,500 for the cost of bai l bonds requ ired because of accidents or t ra f fi c law vio latio ns aris ing out of the use of any veh icle to which the Bodily Inj ury Li abi lity Coverage applies. We do not have to fur- ni sh these bonds. 2. T he following replaces Paragraph 1 .d. of SUPPLEMENTARY PAYMENTS -COVER- AGES A AND B of SECTION I -COVER- AGES: d. Al l reasonable expenses incurred by th e insured at our req uest to assist us in the in ves t igat ion or defense of the cla im o r "su it", including actual loss of earnings up to $500 a day because of time off from work. D. INCIDENTAL MED ICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission com mit ted in providing or failing to provide "incidental medical services", first aid or "Good Samarit an services " to a person. 2. Th e following is added to Paragraph 2.a.(1) of SECTION II -WHO IS AN INSURED Paragraph (1}{d) above does not app ly to "bodily inj ury" ar ising o ut of prov idi ng or fail- ing to prov ide: (i) "In ciden tal medical services" by any of your "employees" w ho is a nu rse practi- tioner, regis tered nurse, licensed prac ti ca l nurse , nurse assista nt, emergency med i- cal technician or paramedic; o r (ii ) First aid o r "Good Samaritan serv ices" by any of your "emp loyees " or "volunteer worke rs", other than an emp loyed or vol- unteer doctor. Any such "employees" or "volunteer workers" prov id ing or faili ng to prov id e first aid or "Go od Samaritan ser- v ices" d uring their wor k ho urs for you w il l be deemed to be act ing within the scope of thei r emp lo yme nt by you or performi ng duties related to the conduct of yo ur busi- ness. Page 2 of 6 © 20 11 T he Tra ve lers Indemn ity Comp any. All rig hts reserved . CG D3 16 11 11 3. The following is added to Paragraph 5. of SECTION Ill -LIMITS OF INSURANCE: For the purposes of determin in g th e app lica - ble Each Occur rence Limit, all related acts or omissions committed in providing or failing to provide "incidenta l medical services '', first aid or "Good Samaritan services" to any one per- son w ill be deemed to be one "occurrence ". 4. The follow in g exclusion is added to Para - graph 2 ., Exclus ion s, of SECTION I -COV- ERAGES -COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceutica ls "Bodily in j ury" or "property damage " aris in g ou t of the willful vio lation of a penal sta tute or ord in ance relating to the sa le of pharmaceuti- ca ls comm it ted by, or with the knowledge or consent of, the in sured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surg ical, dental, laboratory , x-ray or nursing service or treatment, advice or instruction , or the related furnishing of food or beverages ; or b. The furnishing or dispensing of drugs or medical, dental, or surgical suppl ies or appliances. "Good Samaritan services" means any emer- gency medical services for wh ich no compen- sation is demanded or rece ived. 6. The following is added to Paragraph 4.b., Ex- cess Insurance , of SECTION IV -COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance availab le to the in- sured, whether primary, excess, contingent or on any other basis , that is ava il ab le to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan serv ices" to any person to the extent not subject to Paragraph 2 .a .(1) of Section II -Who Is An Insured. E. WHO IS AN INSURED -NEWLY ACQUIRED OR FORMED ORGANIZAT IONS The fo ll owing replace s Paragraph 4 . of SECTION II -WHO IS AN INSURED: COMMERC IAL GENERAL LIAB ILI TY 4 . Any organization you newly acquire or form, other than a partnership, j o in t venture or li m- it ed liability company, of wh ich you are the so le owne r or in which you maintain t he ma- jority ownership interest, wi ll qualify as a Named Insured if there is no other insurance which provides simi lar coverage to that or- ganizatio n . However: a. Coverage under this prov ision is afforded o nly: (1) Until the 180th day after you acquire or form the organ ization or the end of the pol icy period, whichever is earl ier, if you do not report such organization in writing to us within 180 days after you acquire or form it ; or (2) Until the end of the po licy period, when that date is later than 180 days after you acquire or form such organization , if you report such organ ization in writing to us within 180 days after you acquire or form it, and we agree in writing that it w ill con- tinue to be a Named Insured until the end of the policy period; b . Coverage A does not app ly to "bodi ly injury" or "property damage " that occurred before you acqui red or formed the o rganization; and c. Coverage B does not apply to "personal in- jury" or "advertising injury" ari sing out of an offense committed before you acqu ir ed or formed the organ ization. F. WHO IS AN INSURED -BROADENED NAMED INSURED -UNNAMED SUBSIDIARIES The following is added to SECTION II -WHO IS AN INSURED: Any of your subsidiaries, other than a partnership , joint venture or limited li ab ili ty company, that is not shown as a Named In sured in the Declara- tions is a Named Insured if you maintain an own- ersh ip interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodi ly injury" or "property damage" that occurred, or "personal injury" or "advertis in g injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. CGD3161111 © 2011 The Travelers Indemnity .Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED -OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is a premises owner . manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured , but only with respect to liability for "bodily injury", "property damage'', "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted , subsequent to the execution of that con- tract or agreement ; and b . A rises out of the ownership , ma intenance or use of that part of any premises leased to you. The insurance provided to such premises owner, manager or less or is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement , or the lim its shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner , manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed , after you cease to be a tenant in that pramises ; or (2) Structural alterations, new construct ion or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner , manager or lessor is excess over any valid and collectible other insurance avai lable to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis , unless you have agreed in the written contract or agreement that th is in- surance must be primary to , or non- contributory with, such other insurance , in which case this insurance will be pr imary to, and non -contributory with, such other insur- ance. H. BLANKET ADDITIONAL INSURED -LESSORS OF LEASED EQUIPMENT The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured , but only with re- spect to liab ility for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs , or is "personal injury" or "advertising injury" caused by an offense that is commit- ted , subsequent to the execution of that con- tract or agreement ; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance , operation or use of equipment leased to you by such equipment lessor. The insurance provid ed to such equipment lessor is subject to the fo ll owing provisi ons: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement , or the limits shown on the Declarations , whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs , or "personal injury" or "advert ising injury" caused by an of- fense that is comm itted , after the equipment lease expires. c . The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess. contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to , or non-contributory with, such other insurance, in which case this insurance will be primary to , and non-contributory with , such other in- surance . I. BLANKET ADDITIONAL INSURED -STATES OR POLITICAL SUBDIV ISIONS -PERMITS The following is added to SECTION II -WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection w ith operations performed by you or on your behalf and that you are required Page 4 of 6 © 20 11 The Tra vele rs Indemnity Co mp a ny. All rig ht s re served . CG D3 16 11 11 by any ordinance . law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liab ility for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a . Any "bodi ly injury," "property damage," "per- sonal injury" or "advertis ing injury" ar ising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2 .. Duties In The Event of Occurrence, Offense, Claim or Suit , of SECTION IV -COMMERCIAL GEN - ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above . but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2 . of Section II -Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture). any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- t ion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership , joint venture or limited liability company, and none of your partners. joint venture members or man- agers are ind ividuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or Joint venture; COMMERCIAL GENERAL LIAB ILITY (ii) A manager of any limited liability company ; or (iii) An executive officer or director of any other organization; that is your partner , joint venture member or manager ; or (b) Any "employee" authorized by such partnership , joint venture, limited li- abi lity company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good fa ith as soon as practicable to your work- ers' compensation insurer. This applies on ly if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above dis covers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However . if this Coverage Pa rt includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs ar ising out of a discharge , re lease or es- cape of "pollutants" which conta ins a requireme nt that the discharge , release or escape of "pol lut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The fo llowing is added to Paragraph 6 .. Repre- sentations. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: The un intentional omission of, or unintentional error in , any information provided by you wh ich we relied upon in issuing this po licy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CGD3161111 © 2011 The Trave lers In demnity Co mpan y. All r ights reserved . Page 5 of 6 COMMERC IAL GENERAL LIABILITY If the insured has agreed in a con tract or agree- ment to waive that insured's right of recovery aga inst any person or organization, we wa ive our right of recov e ry against such person or organ iza- tion , but only for payments we make because of: a. "Bod ily injury" or "property damage" that oc- curs; or b. "Personal inju ry" or "advertising injury" caused by an offense that is comm itt ed ; subsequent to the execution of that con tra ct or agreement. M. AMENDED BODILY INJURY DEFIN IT ION The following replaces the defini tion of "bod ily injury " in the DEFINITIONS Section: 3. "Bodi ly inj ury " means bodi ly in jury, men t al ang uish, mental injury , shoc k, fr ig ht , disa bilit y , humiliation , sickness or disease sustained by a person, in clud ing death resulting from any of these at any time. N . CONTRACTUAL LIABILITY -RA ILROADS 1. The fo ll owing replaces Paragraph c. of the defini t io n of "insured co nt ract" in the DEFINI- TIONS Sect ion: c. Any easement or lice nse agreemen t ; 2 . Paragraph f.(1) of the definition of "insured co ntract" in the DEFINIT IONS Section is de - leted. Page 6 of 6 © 20 11 The Tra ve lers Indemni ty Co mp any. Al l rights reserve d . CG D3 16 11 11 Policy Number DT22-C0-2G512264-TCT-16 COMMERCl/\L GENERAL LIAB ILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endo rsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Section 11) is amended to include any person or o rganization that you ag ree in a "written contrac t requiring insurance" to incl ude as an add it ional in su red on this Cover- age Part, but: a) Only w ith re spect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent th at, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or orga ni zation does not qua lify as an add iti onal insured with respect to the independent acts or omiss ions of such person or organization. 2. The insurance provided to the additional insured by this endo rsem ent is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in th e Declarations exceed the limits of liability required by the "written con t ract requiring insurance", the in- surance provided to the addi tional insured sha ll be limited to the limits of liabi lit y re- quired by that "written contrac t req ui ring in- surance". This endorsement shall not in - crease the limits of insurance described in Section Ill -Limits Of Insurance. b) T11e insurance provided to the additional in- sured does not app ly to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or fai lure to render, any professional architectura l , engineering or sur- veying services, including : i. The preparing, approving, or failing to prepare or approve, maps , shop draw- ings, op inions, reports, surveys, field or- ders or change orders , or the preparing, approvin g , or failing to prepare or ap- prove , drawings and specifications; and ii. Supe1visory, inspection , architectural or engineering activities. c) The insurance provided to the add itiona l in - sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for t hat additional insured, and then the insurance provided to the additional insured applies only to such "bo dily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, wh ichever is earlier. 3 . The insurance provided to the add itional insured by this endorsemen t is excess over any valid and co llectib le ''othe r insurance", whether primary, excess, contingent or on any other basis , that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" spec ifi ca lly requires that this insurance apply on a pr imary basis or a primary a nd non-con tributory basis, this insura nce is primary to "other insu rance" availab le to the addi tion al insured which covers th at person or organization as a named ins ured for such loss , and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and co llectible "other in- surance", whether primary, excess . cont ing ent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the add itional insured by this endorsement : a) The addit ional insured must give us written notice as soon as practicab le of an "occur- rence" or an offense which may result in a claim . To the extent possible , such notice should include: CG D2 46 08 05 © 2005 The St. Pau l Travelers Compan ie s, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How , when and where the "occurrence" or offense took pla ce; ii. The names and addresses of any injured perso ns and w it ness es; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offen s e . b) If a claim is made or "suit" is bro ught against the add iti onal insured , the additional insured must: i. Immed iately record th e specifics of the claim or "suit" and the date received; and ii. Notify us as soo n as practicable . The add itional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediate ly send us copies of all legal papers received in connection with the claim or "suit", cooperate wi th us in the investigation or settlement of the c la im or defense against the "suit", and ot herw ise comply with a ll policy condit ions . d) The add itional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which wou ld cover the additional insured for a lo ss we cover under thi s endorsement . However, this condition does not affect whether the insur- ance provided to the additional insured by th is endorsement is primary to "other insur- ance" availab le to the additional insured which covers that person or organiz ation as a named insured as described in paragraph 3 . above. 5. Th e fo llowing defin it ion is aclcled to SECTION V. -DEF INITIOf'JS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organizatio n as an additional in- sured on this Coverage Part , provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed : a. After the sig nin g and execution of the contract or agreement by you ; b. Wh il e that part of the contract or agreement is in effect; and c. Before the end of the policy period . Page 2 of 2 © 2005 The St. Paul Trave le rs Companies, Inc. CG 02 46 08 05 Policy Number: DT-810 -7 C544188 -TIL-16 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT T his endorsement modifies insurance provided under the follow ing: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However , coverage for any injury, damage or medical expens es described in any of the provis ions of this endorsement may be excluded or limited by an other endorsement to the Coverage Part, and these coverage broadening provisions do not app ly to the extent that coverage is excluded or limited by such an endorsement. The fo ll owing listing is a genera l cover- age description only. Limitations and exclusions may app ly to these coverages. Read all the provis ions of this en- dorsement and the rest of your po licy carefully to determine rights , duties , and what is and is not covered. A. BROAD FORM NAMED INSURED B . BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D . EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A. BROAD FORM NAMED INSURED The fo llowing is <idded to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIAB ILITY COVERAGE: Any organization you newly acqu ire or form dur- ing the policy per iod over which you mainta in 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un - til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B . BLANKET ADDIT IONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodi ly in j ury" or "property damage" occu rs and that is in effect during the policy period , to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage , but only for damages to which H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this in surance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured , of SECTION II -COV - ERED AUTOS LIABILITY COVERAGE An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, w ith your permission, whi le performing duties re lated to the conduct of your busi- ness. 2 . The following rep laces Pa ragraph b. in B.5., Other Insurance, of SECTION IV -BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age , the fo ll owing are deemed to be cov- ered "autos" you own: (1) Any cove red "auto" you lease , hi re . rent or borrow; and (2) Any covered "auto" hired or rented by your "em ployee " under a contract in an "emp loyee's" name , with your CA T3 53 02 15 © 2015 The Travelers Indemnity Company All rights reserved . Page 1 of 4 Includes copyrighted material of Insurance Services Office . Inc. with its permission. COMMERC IA L AU T O pe rmi ss ion, whi le performing duties related to the conduct of your bus i- ness. However , any "au to" t hat is leased, hired, re nted or borrowed with a driver is not a covered "auto ". D . EMPLOYEES AS INSURED T he fo llowing is added to Paragraph A .1 ., Who Is A n In sured , of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "em ployee" of yours is an "insured " whi le us- ing a covered "auto" you don't own, hi re or borrow in you r busine ss or your persona l affairs . E. SUPPLEMENTARY PAYMENTS -INCREASED LIM ITS 1. The fol low ing rep laces Paragrap h A .2.a .(2 ), of SECTION II -COVERED AUTOS LIAB IL- ITY COVERAGE : (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law vio la- tions) required because of an "accide nt" we cover. We do not have to furnish th ese bonds. 2. The fol lowing replaces Paragraph A .2 .a.(4), of SECTION II -COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reas onable expenses incurred by the "insured" at our reques t, including actual loss of ea rning s up to $500 a day be- cause of time off from work. F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -I NDEMNITY BAS IS The fol lowing replaces Subparagraph (5) in Para- graph B .7., Policy Period, Coverage Territo ry, of SECTION IV -BUSINESS A UTO CONDI- TIONS : (5 ) Anywhere in the world , except any co unt ry or jurisdiction w hi le any trade sa nct ion. em- ba rgo, or sim ilar regu lati on imposed by th e Unit ed States of Ame rica appl ies t o and pro- hibits the transaction of bus iness wi th or w ithin such coun try o r jurisdiction, for Cov- ered Au tos Liability Cove rage for any covered "auto" that yo u lease, hire , rent or borrow witho ut a d rive r for a period of 30 days or le ss and that is not an "auto" you lease, hi re. ren t o r borrow from any of yo ur "employees", partners (if you are a partnersh ip ), members (if you are a limited liability company) or members of the ir hous eho ld s. (a ) Wit h respect to any claim made or "suit" brought outs ide the United States of America, t he territor ies and possess io ns of t he United States of America , Puerto Rico and Canada: (i) You must arrange to defend the "in- sured " aga in st, and investigate or set- tle any such claim or "su it" and keep us advised of al l proceedings and ac- tions. (i i) Neithe r you nor any other involved "ins ured" will make any settle ment without our consent. (iii) We may, at our discretion , participate in defending the "insured" against , or in the settlemen t of, any cla im or 11 suit". (iv) We wil l reimburse th e "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage " to w hich this insurance applies , th at the "i n- sured" pays wit h our conse nt , but only up to the limit described in Para- graph C ., Limits Of Insurance, of SECTIO N II -COVERE D A UT OS LI ABI LIT Y COVERAGE. (v) We wil l reimburse the "insured" for the reasonable expenses incu rr ed w ith ou r consen t for your investiga- tion o f such c laims and your defense of the "insured" aga in st a ny suc h "suit", but only up to and included w ith in the limit described in Para- graph C., Limits Of In surance, of SECT ION II -COVERE D A UTO S LIABILIT Y COVERAGE, and not in addi tion to such li mit. Our duty to make such paymen ts ends when we have used up th e applicable lim it of insu rance in payments for da mages, settlements or defense expenses. (b) T his insuran ce is excess over any valid and collectible other insurance available to the "insured" whe th er primary , excess, cont inge nt or on any ot her bas is. (c) This insura nce is not a substit ute for re- q uired or compu lsory insurance in any count ry o uts ide th e United Sta tes, its ter- ritories and possess ions, Puerto R ico and Canada. Page 2 of 4 © 2015 Th e Trav elers Indemnit y Company. All rights res erved. CA T3 53 02 15 Include s copyrig hted mater ial of Insurance Services Offi ce . In c . wilh its permiss ion. You agree to maintain all required or compulsory insurance in any such coun- try up to the min imum limits req u ired by local law. Your fai lure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this po licy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d ) It is und ers tood that we are not an admit- ted or authorized in surer outside th e United States of America , it s territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for th e furnishing of certificates of insurance , or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deducti- ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No dedu ct ible for a covered "auto" wi ll apply to glass damage if the g lass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE -LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., loss Of Use Expenses, of SEC- TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT The fo llowing replac es the first sentence in Para- graph A.4.a., Transportation Expenses , of SECTION Ill -PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary tran sportation expense in- curred by you because of th e total theft of a cov- ered "auto" of the private passenger type. J . PERSONALPROPERTY Th e fo llowing is added to Paragraph A.4., Cover- age Extensions , of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $40 0 for "loss" to wearing ap- parel and other personal prop erty which is: (1) Owned by an "insured"; and COMMERC IAL AUTO (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Property coverage . K. AIRBAGS The following is added to Paragraph B.3., Exc lu - sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE Exclusion 3.a . does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause oth er than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c ., but only: a. If that "auto " is a covered "auto" for Compre- hensive Coverage und er this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1 ,000 for any one "los s". l. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The foll owi ng is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "l oss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A m ember (if you are a limited liability com- pany); (d) An executive officer, d irecto r or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The fo ll owing replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We wa ive any right of recovery we may have against any person or organization to the ex- tent requi red of you by a written contract signed and executed prior to any "acc ident" or "lo ss ", provided that the "acc ident" or "lo ss " ar ises out of operations contemplated by CA T3 53 02 15 © 2015 The Travelers Indemnity Company All rights reserved . Page 3 of 4 Includes copyrighte d materia l of In surance Services Office . Inc . with its perm iss ion . COMMERCIAL AUTO such contract. The waiver appl ies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B .2 .. Con- cealment, Misrepresentat io n, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS The unintentional omission of, or unintentional error in, any info rma tion given by you shall not prejudice your rig hts under this insurance. How- ever this provision does not affect our right to col- lect add iti ona l premium or exe rcise our right of cance llat ion or non-renewa l. Page 4 of 4 © 2015 The Travelers In demnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. ~ TRAVELERSJ ONE TOWER SQUARE HARTFORD, CT 06183 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A}-001 POLICY NUMBER: DT J-U B-7F3 0763-l -l 6 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liab le for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shal l be 03. 000 % of the California workers' compensation pre- mium. Person or Organization ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. Schedule Job Descript io n This endorsement changes the policy to wh ich it is attached and is effective on the date issued un less otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 0 5/01/2016 Insured Policy No. DTJ -UB -7F3076 3-l -16 Endorsement No. Insurance Company DATE OF ISSUE: 05-01 -2 01 6 ST ASSIGN: Premium ,,.~ I ,-c4f.t~.__ Countersigned by _I" ___________ _ Page 1 of 1