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O'Grady Paving, Inc. - 2012 Agreement - Project No. 12-PW-196SECTION 00500 AGREEMENT Wren Avenue and Church Street Resurfacing, Project No. 12 -PW -196, Federal Project No. ESPL -5034 (022) ii THIS AGREEMENT, made this �dd day of I� , by and between the City of Gilroy, hereinafter called the "City," and hereinafter called the "Contractor." WITNESSETH: WHEREAS, the City has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Wren Avenue and Church Street Resurfacing, Project No. 12 -PW -196, Federal Project No. ESPL -5034 (022), as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the Contract Documents. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the City and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Time. The Work shall be completed by the Contractor in accordance with the Contract Documents within the time period required by Paragraph 00810 -2.0, Time Allowed for Completion, subject to extension as expressly provided in the Contract Documents. Article 3. Liquidated Damages. THE CITY AND THE CONTRACTOR RECOGNIZE THAT THE CITY WILL SUFFER SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF THE CONTRACTOR'S DELAYS IN PERFORMANCE OF THE WORK DESCRIBED IN THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR HEREBY r" ACKNOWLEDGE AND AGREE THAT THE DAMAGES AND FINANCIAL LOSS SUSTAINED AS A RESULT OF ANY SUCH DELAYS IN PERFORMANCE WILL BE EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN. THEREFORE, THE CITY AND CONTRACTOR HEREBY AGREE THAT IN THE EVENT OF SUCH DELAYS IN PERFORMANCE, THE CITY SHALL BE ENTITLED TO COMPENSATION BY WAY OF LIQUIDATED DAMAGES (AND NOT PENALTY) FOR THE DETRIMENT RESULTING THEREFROM IN ACCORDANCE WITH PARAGRAPH 00700 -6.5, LIQUIDATED DAMAGES, OF THE CONTRACT DOCUMENTS. THE CITY AND THE CONTRACTOR FURTHER AGREE THAT THE AMOUNTS DESIGNATED AS LIQUIDATED DAMAGES ARE A REASONABLE ESTIMATE OF THE CITY'S DAMAGES AND FINANCIAL LOSS IN THE EVENT OF ANY SUCH DELAYS IN PERFORMANCE CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING AS OF THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF SUCH AMOUNTS TO THE RANGE OF HARM TO THE CITY WHICH REASONABLY COULD BE ANTICIPATED AS OF THE DATE OF THIS AGREEMENT AND THE EXPECTATION THAT PROOF OF ACTUAL DAMAGES WOULD BE EXTREMELY DIFFICULT AND IMPRACTICAL. BY INITIALING THIS PARAGRAPH BELOW, THE PARTIES HERETO SIGNIFY THEIR APPROVAL AND CONSENT TO THE TERMS OF THIS ARTICLE 3. CC) City's Initials 0/(�/ Contractors I Otials Article 4. Contract Price. In consideration of the Contractors performance of the Work in accordance with the Contract Documents, the City shall pay the Contract Price set forth in the Contract Documents. Article 5. Contract Documents. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of this Agreement (Section 00500 of the Contract Documents) and all of the following attachments to this Agreement, all of which are hereby incorporated into this Agreement by reference with the same force and effect as if set forth in full. Invitation to Bid Instructions to Bidders Bid Documents Designation of Subcontractors Bid Guaranty Bond Agreement Acknowledgements Performance Bond Payment Bond General Conditions Supplementary Conditions General Requirements Standard Specifications Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Article 6. Miscellaneous. Capitalized terms used in this Agreement which are defined in Section 01090, References, of the Contract Documents will have the meetings set forth in Section 01090, References. Contractor shall not assign any rights, obligations, duties or responsibilities under or interest in the Contract Documents without the prior written consent of the City, which consent may be withheld by the City in its sole discretion. No assignment by the Contractor of any rights, obligations, duties or responsibilities under or interests in the Contract Documents will be binding on the City without the prior written consent of the City (which consent may be withheld in City's sole discretion); and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, executed by the City, no assignment will release or discharge the assignor from any liability, duty, obligation, or responsibility under the Contract Documents. Subject to the foregoing, the Contract Documents shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. Nothing contained in the Contract Documents shall in any way constitute a personal obligation of or impose any personal liability on any employees, officers, directors, agents or representatives of the City or its successor and assigns. In accordance with California Business and Professions Code Section 7030, the Contractor is required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning the Contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. WITNESS WHEREOF, this agreement has been executed on this day o Z �AV l Via .T., . Name of Contractor ../ ' Signati&of City V40 Title of Signator ATTEST: Signature Title of Signatory Approved as to form: City Attorney ** *END OF SECTION * ** 7 Title of Sig ator OGRADPAVI I CERTIFICATE OF LIABILITY INSURANCE DATE 2/8 /2DIYYYY) ACORL7 z/a/zo12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Construction & Real Estate Practice PHONE FAX -4497 (A(C, N.R.. E. xt). ()VC, Noj; ( 650 )_ 413 _ Wells Faro Insurance Services USA, Inc. - CA Lie #: OD08408 E-MAIL 9 Ce1lRequests a7Wellsfar o.com ..ADDRESS:.. �� �. .._.._ _..... __.. 959 Skyway Rd., 2nd Fl INSURER(S) AFFORDING COVERAGE NAIC # San Carlos, CA 94070 INSURER A Insurance Company of the State of Pennsylvania 19429 INSURED INSURER B: Starr Indemnity & Liability Company !. 38318 O'Grady Paving, Inc. INSURER c : National Union Fire Ins. Co. of Pittsburgh, PA 19445 2513 Wyandotte Street _ INSURER D; Mountain View, CA 94043 INSURER F rnVCRArAFS rPRTIFICATF Nt1MRFR. 39069755 REVISION NUMBER: Sae halnw THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Winn RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I R . W D POLICY LT R TYPE OF INSURANCE INSR POLICY NUMBER MM /DD /YYYY MI D!YYYY LIMITS GENERAL LIABILITY - A .._ X 4581391 7/1!2011 711/2012 EiACH UCftJRRENCk S 1,0001.000 - - - -- X DAMAGE TO RENTED 100.000 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurranco). _... $ !. CLAIMS -MADE X !OCCUR MED EXP (Any one person) S 5.000 PERSONAL. & AOV INJURY S 1.000,000 ..... __ ._.._. .................. ... .......... _.._... ............ ..._.._____ GENERAL AGGREGATE $ ......... ..........._... ____ ... 2,000,000 .. ._. ..... GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $ 2,000,000 PRQ $ POLICY . X LOC A ': AUTOMOBILE LIABILITY ', 8263601 '. 7/1/2011 ': 1/1/2012 COMBINED SINGLE LIMIT (Ep,acndentl ......................... S 1,000,000 L.. X 'ANY AUTO BODILY INJURY (Per person) ! $ ........ ._...._. _ ___ _ ................. _....� ALL OWNED ._ SCHEDULED ! '., ! BODILY INJURY ( (Per acc�denq S ....X ._; AUTOS ,.. .... AUTOS ! _.._ NON -OWNED PROPFRTY DAMAGE $ ' ,._..__- ! HIRED AUTOS _X ...i AUTOS (Pe!_.icndentl .......... .....__._._ S UMBRELLA LIAB X. OCCUR ! SI$CSEL01531511 ! 7/1/2611 7/1/2012 EACH OCCURRENCE S 5.000,1)00 X, EXCESS LIAB CLAIMS -MADE AGGREGATE S SAUU,UUU DED s RETENTION$ S WORKERS COMPENSATION X WC STATO- OfH- C AND EMPLOYERS' LIABILITY X 14770645 7/1/2011 71112012 TORY LIMIT.B ER . Y I N '. ANY PROPRIETOR/PAR INE RiFXF.CI.I I VE !'�I E L EACH ACCIDENT r ' 000,000 - OFFICE RIMEMBER EXCLUDED'+ I J NIA - - - - 1,000,000 (Mandatory in NH)- f IDlut ASE - EA EMPLOYES. S _ ...... ... ... If yes. describe under : DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S i X00.000.. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 97637 4/08,97838 4/08.90533 3 /06,WC 04 03 61 11 90 Re: Job #12015; Wren Ave. & Church St. Resurfacing. City of Gilroy, its officials, and employees is named as additional insured as respects general liability per endorsement attached. CERTIFICATE H City of Gilroy Risk Manager 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2010105) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD V 1ytStf -ZU1U AI;VKU GVKYVKH I IVIV. AN rignTS reserveu, ENDORSEMENT This endorsement, effective 12:01 A.M. 7/1/2011 forms a part of policy No. 4581391 Issued to O'Grady Paving, Inc. by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF ADDITIONAL INSURED PERSON OR ORGANIZATION: WHERE REQUIRED BY WRITTEN CONTRACT LOCATION AND DESCRIPTION OF COMPLETED OPERATIONS: ADDITIONAL PREMIUM: (if No entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement,) SECTION 11 - WHO IS AN INSURED is amended to Include as an insured; The person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". All other terms and conditions remain unchanged. A(uihorfzed R4reaentative or Countersignature (In States When Includes copyrighted material of Applicable) Page 1 of 1 97837 (4108) Insurance Services Office, Inc., with its permission. ENDORSEMENT This endorsement, effective 12:01 A.M. 7/1/2011 forms a part of policy No 4581391 issued to O'Grady Paving: Inc. by THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES, OR CONTRACTORS - SCHEDULED PERSON 01; ORGANIZ0ION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: WHERE REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement,) A. SECTION II -WHO IS AN INSURED is amended to include as an insured; The person or organization shown in the schedule, but only with respect to liability arising out of your ongoing operations performed for that additional insured. B. With respect to the insurance afforded to these additional insureds, SECTION I - COVERAGES, COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. - Exclusions, is amended to include the following additional exclusion; This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on -. behalf -of -the additional insured(s) at the site of the covered operations has been completed; or, (2) that portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. All other terms and conditions remain unchanged. 9e-,44 Authorized 1`114resentative or Countersignature (in States Where Applicable) 97838 (4 /08) includes copyrighted material of Page 1 Of 1 Insurance Services Office, Inc., with its permission. a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement, effective 12:01 A. M. 7/1/2011 forms part of Policy No. 4581391 issued to by Insurance Company of the State of Pennsylvani O'Grady Paving, Inc. PRIMARY COVERAGE FOR SPECIFIED PERSONS OR ORGANIZATIONS NAMED AS ADDITIONAL INSUREDS - ONGOING AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following paragraph is added to SECTION it - WHO IS AN INSURED and applies only to persons or organizations we have added to your policy as additional insureds by endorsement to comply with insurance requirements of written contracts relative to: a) the performance of your ongoing operations for the additional insureds; or b) "your work" performed for the additional insureds and included in the "products - completed operations hazard: This insurance is primary over any similar insurance available to any person or organization we have added to this policy as an additional insured. However, this insurance is primary over any other similar insurance only if the additional insured is designated as a named insured in the Declarations of the other similar Insurance. We wilt not require contribution of limits from the other similar insurance if the insurance afforded by this endorsement is primary. This insurance is excess over any other valid and collectible insurance, whether primary, excess, contingent or on any other basis, if it is not primary as defined in the paragraph above. Alt other terms and conditions of the policy are the same. Authorized Representative Page 1 of 1 90533(3/06) BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The roRowing 'attaching clause' need be corroeted only when Oft endorsement is issued subsequent to preparation of the policy.) This endorsement effective 12:01 AM, 7/1/2011 forms a part of Policy No. 14770645 Issued to O'Grady Paving, Inc. By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2 % of the total estimated workers' compensation premium for this policy, Name of Person or Organization: City of Gilroy Risk Manager 7351 Rosanna Street Gilroy, CA 95020 Job Description Re: Job 1112015; Wren Ave. & Church St. Resurfacing. City of Gilroy, its officials, and employees. WC 04 03 61 Countersigned by (Ed. 11-90) Authorized Representative '"N SECTION 00630 CERTIFICATE OF INSURANCE Return Completed Certificate to City of Gilroy (Agency) This certifies to the Agency that the following described policies have been issued to the Insured named below and are in force at this time. Insured O'Grady Paving, Inc. Address 2513 Wyandotte Street, Mountain View, CA 94043 Description of operations /locations /products insured (show contract name and /or number, if any): Wren Ave. & Church St. Resurfacing POLICIES AND INSURERS Bodily LIMITS Property POLICY EXPIRATION Injury Damage NUMBER DATE Workers' Compensation Employers Liability National Union Fire I s$ 1,000,000 L4770645 7/1/12 (Name of Insurer) A XV (Best's Rating) Check policy type: "Claims Made" Occurrence x COMPREHENSIVE Each Each GENERAL t Occurrence Occurrence LIABILITY , or $ $ 1, 00,000 COMMERCIAL GENERAL Aggregate Aggregate LIABILITY X $ $ 2, 00,000 Ins. Co. of the State diPr Combined Single Limit 4581391 7/1/12 (Name of Insurer) PA $ A XV Aggregate $ (Best's Rating) BUSINESS AUTO POLICY Each Person Each Accident Liability Coverage Symbol $ $ $ 1 Each Accident $ or, Combined Single Limit $1,000,000 8263601 7/1/12 UMBRELLA LIABILITY "Claims Made" i_ Occurrence x Starr Indemnity Occurrence /Aggregate$ 5,000,000 SISCSEL01531511 (Name of Insurer) Self- Insured Retention A X $ 7/1/12 (Best's Rating) Project No. 12 -PW -196, Wren Avenue and Church Street Resurfacing Section 00630 -1 Federal Project No, ISPL -5034 (022) The following coverage or conditions are in effect: Yes No The Agency, its officials, and employees are named on all liability policies described above as insureds as respects: (a) activities performed for the Agency X by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, and (c) premises owned, leased or used by the Named Insured. Products and Completed Operations x The undersigned will mail to the Agency 30 days written notice of cancellation or X reduction of coverage or limits Cross Liability Clause (or equivalent wording) X Personal Injury, Perils A, B and C X Broad Form Property Damage _ X X, C, U& Hazards Included X Contractual.Liability Coverage applying to this Contract X Liquor Liability (Host) X Coverage afforded the Agency, its officials, employees and volunteers as Insureds X applies, as primary and not excess or contributing to any insurance issued in the name of the Agency Waiver of subrogation from Workers' Compensation Insurer X nut -VIII v V is WJUV qJ Cl IIICIUM VI Ir pur r rldlIVr I. r rim cernrrcate is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Wells Fargo Insruance Services USA, Inc. Agency or Brokerage 959 Skyway Rd., 2nd F1, San Carlos, CA 94070 Address Cathy Etheridge Name of Person to be Contacted (650) 413 -4297 Telephone No. Insurance Company Home Office � �, Ate.- Authorized Signature -L4 -1 L Date Note: Authorized signatures may be the agent's if the agent has placed insurance through an agency agreement with the insurer. If insurance is brokered, authorized signature must be that of official of insurer. Project No. 12 -PW -196, Wren Avenue and Church Street Resurfacing Section 00630 -2 Federal Project No, ESPI,-5034 (022) City of Gilroy ( "the Agency") GENERAL LIABILITY ENDORSEMENT 7351 Rosanna Street Gilroy, CA 95020 Attn: Risk Manager A. POLICY INFORMATION Endorsement No .......... 1. Insurance Company Insurance_ C:o__mpany)� State of Policy No. 4581391 2. Folicy'ferm (from)_ ? /1 11___ _- _._(to) 7/1 111 PePenay.lvan -d.a 3. Named Insured_.... O' Grady Paving, Inc. 4. Address of Named Insured 2513 Wyandotte Street,­. Mail nta in- _Va 5. Limit of Liability Any One Incident/Aggregate L 1, 000 r 000 2 O00 ,_Q L0 6. Deductible or Self - Insured Retention: 0 __ ... .... ._ -__. - -... (Nil unless otherwise specified): S — - - - - -- - -- 7. Coverage is equivalent: __. _..____ .... ...._.._._.__..... 8. Comprehensive General Liability form (31,0002 (Ed ln3)___ —.._ .............. . .... _ _.. Comprehensive General Liability "occurrence" form CG0001_._X ......____ Comprehensive General Liability "claims -madc" form CG0002 ... _:.._,., ... _.,,.._�,.••••••• 9. Bodily Injury and Property Damage Coverage is: "claims- made" - "occurrence" if claims -made, the retroactive date is NOTE: The Agency's standard insurance requirements specify "occurrence" coverage. "Claims -made" coverage requires special approval. B. POLICY AMENDMENTS This endorsement is isstued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The Agency, its elected and appointed officers, officials, employees and volunteers are included as insureds with regards to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Named Insured for or on behalf of the Agency; or (b) products sold by the Named Insured to the Agency; or (c) premises leased by the Named Insured from the Agency, the insurance afforded by this policy shall be primary insurance as respects the Agency, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Agency, its elected or appointed officers, officials, employees and volunteers shall be in excess of this insurance and shall not contribute with it. 3. SCOPE OF COVERAGE. This coverage, if primary, affords coverage at least as broad as: Project No. 12 -PW -196, Wren Avenue and Church Street Resurfacing Section 00630 -3 Federal Project No. ESPL -5034 (022) � �I (1) Insurance Services Office forth number GL 002 (Ed. 1/73), Comprehensive General Liability insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement: or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG 0001 or "claims- made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 3. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respects to the Company's limit of liability. 4. PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Agency, its elected or appointed officers, officials, employees or volunteers. S. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspmdcd, voided, cancelled, reduced in coverage or in limits except alter thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAM REPORTING PROCEDURE Incidents and claitrts are to be reported to the insurer at: ATTN:I Terry Sityar Claims (Title) (Department) Wells Fargo Insurance Services USA, Inc. (Company) 959 Skyway Rd., 2nd Floor, San Carlos, CA 94070 .......... (Address) (650) 41.3 -4242 _... .......... ..._..._._..._....... -- - (Telephone) D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I John Hills (ptiatltype name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this compan 1,'".. _ ✓tt SIGNATURE OF AUT'HORI'ZED REPRESENTATIVE (original signature required on endorsement furnished to the Agency) ORGANIZATION Wells Fargo Insurance TITLE Account Assistant ADDRESS 959 Skyway Rd., 2nd Floor. TELEPHONE (650) 413 -4295 San Carlos, CA 94070 4 Project No. 12 -PW -196, Wren Avenue and Church Street Resurfacing. Federal Project No. ESPL -5034 (022) Section 00630 -4 WORKER'S COMPENSATIONIEMPLOYERS LIABILITY ENDORSEMENT The City of Gilroy ( "the Agency ") 7351 Rosanna Street Gilroy, CA 95020 Attw Risk Manager Endorsement A. POLICY INFORMATION 1. Insurance Company National Union Fire I,_('o ( "the Company ") Policy Number 14770645 of Rittsburgh, PA. 2. Effective Date of This Endorsement? /8/2012 -- 3. Named Insured �' Grad Pavan - - -- - $1,000,000 4. Employer's Liability Limit (Coverage B) B. POLICY AMENDMENTS mium and notwithstanding arty inconsistent statement in the policy to which this In consideration of the policy pre endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail return receipt requested has been given to the Agency. Such, noticF shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subrogation. The .Insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed officers, officials, agents and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the Agency. C. SIGNATURE .'OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER John Hills; — _-(print/type name), warrant that I have authority to bind the below listed insurance company and by my signature hereon do so bind this company. 6 SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required on endorsement furnished to the Agency) Wells Fargo Insura:zc�_....enc TITLE _-- -..- Acc0Vn_tt�sistar�. --- -- C ?RGANI (650) 413 -4295 ADDRESS_ 959 Skyway Rd., 2nd F1 - �`-- �2CYf..Z'e�.r cSis, CA 94070 Project No. 12- PW -196> Wren Avenue and Church Street Resurfacing; Section 00630 -5 Federal Project No. FSPL -5034 (022) SECTION 00610 FAITHFUL PERFORMANCE BOND Bond: 105 679 037 Premium: $5,491.00 KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy , hereinafter designated the "City," has, on February 8 , 2012 , awarded to , hereinafter designated as the "Principal," a Contract for the construction of the Wren Avenue and Church Street Resurfacing, Project No. 12 -PW -196, Federal Project No. ESPL -5034 (022), and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and, as Surety, are held and firmly bound unto the City the penal sum of One Million One Hundred `dollars ($ 1,144,020.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. *Forty Four Thousand Twenty & 00/100 THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for a one -year warranty period, during which time this bond remains in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. Project No. 12 -PW -196, Wren Avenue and Church Street Resurfacing Section 00610 -1 Federal Project No. ESPL -5034 (022) IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this 8th day of February , 2012 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) (Seal) O'Grady Paving, Inc. Principal Signature for Pri( ipal W Title of Signator Travelers Casualty and Surety Company of America Stacy M. Clinton, Attorney -in -fact Title of Signator * * ** END OF SECTION * * ** Project No. 12 -PW -196, Wren Avenue and Church Street Resurfacing Section 00610 -2 Federal Project No. ESPL -5034 (022) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AIM POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223718 Certificate No. 004371453 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Catherine A. Pinney, Nancy L. Wallis, K. Dixon Wright, Stacy M. Clinton, Donnalyn Revis, Venetia G. Johnson, and Kandace L. Reeves of the City of Petaluma /San Francisco , State of California , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of June 2011 Farmington 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 27th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 11008 4O� Jc .y F,„REu�r�4 �w� . �o y 9 z ° � �\f ! `i ° � ti�' OSt.RsR .N .E . FN ._O..A I.R. .A N. yA ,L T �>L ;.FL'+ t �. ° i r m n r •r ' S � q �'a�w� �P *d v: i : ;J :: pc.' .S o 5..� ..F . Ery.P..O.AR_ ..A L.T f .. .._�....' a SY! 1T 8Y 9 6 � � Y dt Ra +` AMl State of Connecticut City of Hartford ss. By: Awtt�� Georg Thompson, enior ice President On this the 27th day of June 2011 before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington 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, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440 -6 -11 Printed in U.S.A. ATTORNEY IS INVALID WITHOUT THE RED Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington 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, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such 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 President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington 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, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which 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 said Companies this 8th day of February 20 IZ r✓ Kevin E. Hughes, Assistant Sec tart' p�5 .��r �F \RE 6 �'M �NSG j 1NSU9 PITT ANO Y 1 s s 2 o i - •...",+x�tU � � f� W. C�" _ Tf -i'" i i9S1 •.SEAL o° " 'O CONe• �( �� N '�� fs . �,N� 13 •.........'�,a t'1 P +� AIN To verify the authenticity of this Power of Attorney, call 1 -800- 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. IS INVALID WITHOUT THE RED BORDER CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sonoma On February 8, 2012 before me, Nancy L. Wallis Date Here Insert Name and Title of the Officer personally appeared Stacy M. Clinton Name(s) of Signer(s) NANCY L. WALLIS COMM. #1811395 0 V NOTARY PUBLIC -CALIFORNIA XI z ? SONOMACOUNTY z 0 :► My Comm. Expires Aug. 28, 2012 Place Notary Seal Above who roved to mp on the basis gf,�tisfactor evidence to be the person/, whose name(,a')/fs /aft-subscribe o the within instru ent and ackn g to me that "t�Y executed the sa in heirauthorized capa . (ies); and that b bisrr s natu%<on the instrument the persory< or t entity upon behalf of which the persoj of � acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my had nd official seal. Signature Signatul of ttaryc li)Nancy L. Wallis 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here C, 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800- 876 -6827 Bond #: 105 679 037 Premium: included in pert bond SECTION 00620 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Gilroy , hereinafter designated as the "City," has, on February 8 , 2012 , awarded to O'Grady Paving, Inc. , hereinafter designated as the "Principal," a Contract for the construction of the Wren Avenue and Church Street Resurfacing, Project No. 12 -PW -196, Federal Project No. ESPL -5034 (022), and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and, as Surety, are held and firmly bound unto the City the penal sum of One Million One Hundred Forty Four Thousand *Dollars ($ 1,144,020.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. *Twenty & 00/100 The Payment Bond for which this Section provides shall secure the payment of those persons or entities to whom the Principal, its Subcontractors or its heirs, executors, administrators, successors, or assigns, shall be become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the bidder in performing the work, or taxes or amounts to be withheld thereon. The Surety or Sureties will pay the following amounts should the Principal or a Subcontractor fail to pay the same, plus reasonable attorneys' fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any of the persons named in California Civil Code Section 3181; (2) amounts due under the Unemployment Insurance Code with respect to work contracted to be done or any work or labor thereon of any kin; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. This Payment Bond shall inure to the benefit of any of the persons named in Civil Code Section 3181 so as to give a right of action to those persons or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Project No. 12 -PW -196, Wren Avenue and Church Street Resurfacing Section 00610 -1 Federal Project No. ESPL -5034 (022) Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this 8th day of February___, 2012 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) O'Grady Paving Inc. Principal (Seal) Signature for Principal \Q Title nd Surety Company of r Signatu r Suety Title Stacy M. Clinton Attorney -in -fact * * ** END OF SECTION * * ** Project No. 12 -PW -196, Wren Avenue and Church Street Resurfacing Section 00610 -2 Federal Project No. ESPL -5034 (022) WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS.1 Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 223718 Certificate No. 0 0 4 3 714 5 6 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Catherine A. Pinney, Nancy L. Wallis, K. Dixon Wright, Stacy M. Clinton, Donnalyn Revis, Venetia G. Johnson, and Kandace L. Reeves of the City of Petaluma/San Francisco -,State of California , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS HEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of Farmington 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 27th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ��,�y N�REn4rp4b W �R ," ryg�'w SY ANO 3W Y14_ Di'.c,O?'P�I,. ClV'Y'- -r<p 4r >P rLOR PORA >'>2 4� RA u 6 �i n w��DRAtED z �i F; m� i w r pOaPOTf : n� HVRTfO � a �D Z 1982 0 �i -a; n: W HARTFORD. � ass 0 �•cu[ctF'- a �9%% 19Jr1 fiti o.� SE AG;o; 1'`• 'oi CONH. f>: t b� p� tt• w s�xwNC \y is :.a'Psl rinnm" h..w.Aw� State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 2011 On this the 27th day of June , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington 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, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. p�"p C.10s 58440 -6 -11 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE `t'n c�n�► C . Marie C. Tetreauly Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington 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, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such 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 President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington 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, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which 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 said Companies this 8th day of February 20 12 ri✓° Kevin E. Hughes, Assistant Sec Cary pA6U,��� yF \AE 6 `�N..�NSG '.� 1N34 liY AA. g�,�'y � 1951 �`'•SEAI,lo" �i 'o W ° ��r? � � To verify the authenticity of this Power of Attorney, call 1- 800 - 421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. BORDER CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Sonoma On February 8, 2012 before me, Nance L. Wallis Date Here Insert Name and Title of the Officer personally appeared Stacy M. Clinton Name(s) of Signer(s) ;% r job;: �. NANCY L. WALLIS z C0MN1- #1811395 o NOTARY PUBLIC - CALIFORNIA ;i W. SONOMACOUNTY 4 My Comm. Expires Aug. 28, 2012 Place Notary Seal Above who roved to me on the basis f�atisfactor evidence to be the person whose name,(�j(i$/trr� subscrib o the within instrum nt and aft4oir I dg d tome that y executed the sa a in hauthoriz ed capaclty(� and that by h ature(on the instrument the persor>k& -or t ntity upon behalf of which the persop(isry acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my h n and official seal. Signature CW Signa ur of Notary P lic Nancy L. Wallis 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s)— ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Top of thumb here © 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313.2402 - www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1- 800. 876.6827