Loading...
SCRWA - Auburn Construction, Inc.SECTION 00500 AGREEMENT Reclamation and West Generator Replacement Project No. 12 -PW -193 THIS AGREEMENT, made this day of by and between South County Regional Wastewater Authority, hereinafter called the " SCRWA," and t S e- , hereinafter called the "Contractor." WITNESSETH: WHEREAS, SCRWA has caused the Contract Documents to be prepared comprised of bidding and contract requirements and technical specifications and drawings for the construction of the Reclamation and West Generators Replacement Project No. 12 -PW -193, 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, SCRWA and Contractor agree as follows: Article 1. Work. Contractor shall complete the Work as specified or indicated in the Contract Documents. Article 2. Contract Tithe. 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. SCRWA AND THE CONTRACTOR RECOGNIZE THAT SCRWA WILL SUFFER SUBSTANTIAL DAMAGES AND SIGNIFICANT FINANCIAL LOSS AS A RESULT OF Project No. 12 -PW -193 AGREEMENT Reclamation and West Generators Replacement PAGE 00500 - 1 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. IN W,I�T�N�ESS WHEREOF, this agreement has been executed on this day of Name of Contractor Signature of Contractor ,4 oAt-:.j,.j P. �a4wjpiL �ZEVO&-r- Title of Signator ATTEST: Sig lature UU,IWIIIA �ro,wcesc Gcw Title of Signator Ap roved as to for1nn: I, Plinda A. Callon SCRWA Legal Counsel Dated- Z S tt.A y i nal W stewater Authority By: S Manager a4 atf- Title # ignator ** *END OF SECTION * ** Project No. 12 -PW -193 AGREEMENT Reclamation and West Generators Replacement PAGE 00500 - 4 Bid Guaranty Bond Agreement Faithful 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 meanings 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 SCRWA, which consent may be withheld by SCRWA 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 SCRWA without the prior written consent of SCRWA (which consent may be withheld in SCRWA'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 SCRWA, 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 SCR«VA 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 latent act or omission is filed within foul- years of the date of the alleged violation. A complaint regarding a Project No. 12 -PW -193 AGREEMENT Reclamation and West Generators Replacement PAGE 00500 - 3 Executed in three counterparts Bond No. 105708581 Premium: $18,049.00 SECTION 00610 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, South County Regional Wastewater Authority, hereinafter designated " SCRWA," has, on awarded toAuburn Constructors, Inchereinafter designated as the "Principal," a Contract for the construction of the Reclamation and West Generators Replacement, Project No. 12 -PW -193, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: Travelers Casualty and Surety Company of America NOW, THEREFORE, WE, the Principal, and , /as Surety, are held and firmly bound unto SCRWA the penal sum of One n ' ' n Nine Hundred Fifty One Thousand Three Hundred and no /100ths--------------- - - - - -- dollars ($ 1,951,300.00 * * *) 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. 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, SCRWA, 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 -193 FAITHFUL PERFORMANCE BOND Reclamation and West Generators Replacement PAGE 00610 - 1 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this 9th day of April 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. Auburn Constructors, Inc. Signature for Principal Title of Signator Travelers Casualty and Surety Company of America S4.rety (Seal) i ' ' Surety Virginia L. Black Attorney -in -Fact Title of Signator * * ** END OF SECTION * * ** Project No. 12 -PW -193 FAITHFUL PERFORMANCE BOND Reclamation and West Generators Replacement PAGE 00610 - 2 a 3S ai _c :,> ;i!.jiS':i:::`:2.!�.w; :.g : <;:�..;:�c j. �s� t . .;�' ,• s,� -.?t .r.�. t S;:�S�:< ,S ?c 35 = .�,..<;- ja�- :i;- ]i; =3S r,> y 'e ^.> ,t j State of California County of San Francisco On April 9, 2012 before me, Betty L. Tolentino, Notary Public Date Mere Insert Name and Tft of the Officer personally appeared Virginia L. Black Name(s) of Signer(s) a � � ate" BETTY L. TOLENTINO COMM. #1840627 NOTARY PUBLIC - CALIFORNIA 0. SAN FRANCISCO COUNTY My Comm. Expires Apr. 12, . 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Md official aaL Signature Sign tore of Notary Puffic 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): _ D Partner — ❑ Limited ❑ General _ • ❑ Attorney in Fact • • • Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER A. 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. 220612 Certificate No. °� U 4 22 8 8 n 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 Susan Hecker, Maureen O'Connell, Robert Wrixon, Brian F. Cooper, M. Moody, Betty L. Tolentino, Janet C. Rojo, J. M. Albada, and Virginia L. Black of the City of 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 September 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 9th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GI.SU.� .WF1REba s�N �MyG\ •1 N..... P�tY qNa fy,btp, �,(�oy,p°q��r� �,oxro+. f� •4�� ......., y \1, 3,...........q�.`'e V f ��,` S E A L J'I �`., oSEAL State of Connecticut City of Hartford ss. By: Georg Thompson, enior ice President 9th September 2011 On this the day of , 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. G,Tl7 In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2016. �j0i/BU�$ 58440 -6 -11 Printed in U.S.A. THIS Marie C. Tetreault, Notary Public THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED 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 9th day of April 2012 � Kevin E. Hughes, Assistant Seciftary G�SU,� <1 rFIRE Ry \*N INS•!i '�Y' NgV P�fY ANO Y Oar ` ' ' C. �.........9 J � '•-.......:9 gJ @ .���n' �- '�' (1 � - •- •.r,�nR:tL a m �J ,�F.,m W i�pPPORAT�; ini ¢ � � 4l V' 1982 O 1977 co: - Ii —._ :0 nl, XAHTWRD, < fNRtF6Fm, i �•. n "E ' 1896 yS ° a� 1951 �..SEAL;o! o.SBAL a CowN. o R q�iO� ............. 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. POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Executed in three counterpars Bond No. 105708581 Premium included in charge for performance bond SECTION 00620 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, uth County Reaioal Wastewater Authorlk7 , hereinafter designated as the " SCRWA," has, on awarded to Auburn Constructors, Inc., hereinafter designated as the "Principal," a Contract for the construction of the Reclamation and West Generators Replacement Project No. 12•PW -193, 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: Travelers Casualty and Surety Company of America NOW, THEREFORE, we, the Principal, and as Surety, are held and firmly bound unto SCRWA the penal sum of One Million Nine Hundred Fifty One Thousand Three Hundred and no/ 100ths------------------------ - - - - -- Dollars ($1.951.300.00 * * * * * * * **1 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. 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. Project No. 12 -PW -193 PAYMENT BOND Reclamation and West Generators Replacement PAGE 00620 - I 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 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 9th day of April 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. eal) Auburn Constructors, Inc. du--� (Seal) Signature for Principal Title Travelers Casualty and Surety Company of America Surety SignaturQjbr Surety Title Virginia L. Black, Attorney -in -Fact **** END OF SECTION ** ** Project No. 12 -PW -193 PAYMENT BOND Reclamation and West Generators Replacement PAGE 00620 - 2 CALIFORNIA • ACKNOWLEDGMENT C: 3a . :c> ; 3�!$Ss ; <; :3c 'q•:yg. < C < ,• ;. `., -,g :< > c . , > < S S S S;:;S ;< .S :S .S '...... ..•;>6.:.; •Si5.3Sr:3;::.>:;�i%:,S .i ,. State of California County of San Francisco On April 9, 2012 before me, Betty L. Tolentino, Notary Public Date Here Insert Name and Title of the Officer personally appeared Virginia L. Black Name(s) of Signer(s) BETTY L. TOLENTINO r: COMM. #1840627 Z U = = NOTARY PUBLIC - CALIFORNIA o d SAN FRANCISCO COUNTY NIA My Comm. Expires Apr. 12, 2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand" officials Signature Signafae of Notary PIibIic OPTIONAL Though the Information below Is not required by taw, 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) Signers Name: ❑ Individual ❑ Corporate Officer— Title(s): — ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER of thurrb here Number of Pages: Signers Name: ❑ Individual ❑ Corporate Officer — Title(s): T • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ... •i:�iV�•��:�::L.:��:V :�!:�,'/,:�::U L`-%:� V: �: i�:: �:. L'•.'.: �!!n`/, i\ G! i✓\%:\✓. i\'!'\✓. i\'• l', r\ G/ i\% i\ �!: �4�5�:\' ��i. �J: �✓ i�. 4�. � .�.�i�.:�:�.i \•_'!�.��!: \••l:�% Al w4a.;11 IN WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER /A\ 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. 220612 Certificate No. 004525081 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 Susan Hecker, Maureen O'Connell, Robert Wrixon, Brian F. Cooper, M. Moody, Betty L. Tolentino, Janet C. Rojo, J. M. Albada, and Virginia L. Black of the City of Sari Francisco , State of California , their true and lawful Attomey(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. 9th IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of September 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 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company G I,SUq W'ri-•`Y/ YF \RE 64M1x�y RW..I MfG ..••t 1NSUq of JP \TY 0��o JTFp�'.L' FPORRf.aco r 1 n a HARTFORD, ONN. n 1 State of Connecticut City of Hartford ss. By: Georg Thom, On this the 9th day of September 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. G•T� In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. �jOUBUG 58440 -6 -11 Printed in U.S.A. Marie C. Tetreault, Notary Public OF ATTORNEY IS 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 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 9th day of April l 42� Kevin E. Hughes, Assistant Sec tart' 20 1?. p2 jjL !}� r 'y.� QO: %.....•G9 Jp.. ........'P9,�,{ gJ sG ,�Nb �tty 4 �7y+ypp�� 6 P �tpP POAA�:7y QV.' (, Up q 1 9 8 2 O co i a E . �; W HARTFORD, � WiRR4gD,� < _ ysn iss� SE SBA 1� �. At. •.o � 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 Attomey -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER SECTION 00630 CERTIFICA'T'E OF INSURANCE Rot= Completed Certificate to: South County Regional Wastewater Authority, SCRWA ("be Agency") 7351 Rosanna Street Gilroy, CA 95020 Ann: Risk Manager This certifies to the Agency that the following described policies have been issued to the Insured named btlow and are in force at this time. Insured Address Description of operations/locations/products insured (show contract name and/or number, if any): poLICIES AND INSURERS Bodily LIMITS Property POLICY EXPIRATION Injury Damage NUMBER DATE Workers' Compensation Emplpyers Liabifity Commerce & Industry Ins Co 81,000,000 E.L. Each Accident 21417654 01/01/2013 (Name of lnsmer) $1,000,000 E.L Disease -Each Employee $1,000,000 E.L Disease - Policy Limit (Best's Rating] A XV Check policy type; "Claims Made" _ Occurrence COMPREHENSIVE GENERAL Emit Each LIABILITP . or Occurrence OCCWYence ti i 1,000,000 OTE- CO- 7977B16 10/01/2012 COMMERCIAL GENERAL LIABILITY X Aggregate Aggre A -11 Travelers Property Casualty $ $1'000' __ (Name of Insurer)Co of America or Combined Single Limit Completed Ops S 51.000.000 (Best's Rating) ,A+ XV Aggregate S BUSINESS AUTO POUCY Each Person Each Accident Liability Coverage DT- 810- 7977616 110/01112012 Symbol 1,2,8 $ $ A -11 Travelers Indemnity Co of CT Each Accident (Best Rating) A+ XV $ or, Combined Single Limit 8 1,000,000 UMBRELLA LIABILITY "Claims Made" Occurrence National Union Fire Ins. Co of 1 BE21422982 10 /01/2012 (Name of Insurer) Pittsburgh, PA 2, ence 000 pccurr/Aggregate 5000 .., -.,. (Bast's Rating) A XV Selr- Insured Retention $ 10,000 Project No. 12 -PW -193 CERTIFICATE OF INSURANCE Reclamation and West Generators Replacement PAGE 00630 - I The following coverage or conditions are in effect: Yes No The Agency, its officials, and employees are named on all liability polio!&:% described above as insureds as respects: (a) activities performed for the Agency by or on behalf of X 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 lights 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 Cdntr•aet X Liquor Liability X Coverage afforded the Agency, its officials, employees and volunteers as Insureds applies X as primary and not excess or contributing to any insurance issued in the name of the Agency Waiver of subrogation from Workers' Compensmlion Insurer X ji ris certificate is issued as a matter of information. 11ris certtftcatc is not en imumcc 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 docutrwnl with respect to which this certificate of insurance may be issued or may pertain, the insurat= afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Arthur J. Gallagher Insurance Brokers of California, Inc Travelers Property Casualty Co of America Gallagher Construction Services Agency or Brokerage Insurance Company One Market Plaza, Suite 200 San Francisco, CA 94105 One Tower Square Hartford, CT 06188 Address Home Office /J Gina Luciano `�� a/� � O � �Z• Name of Person to on ed AUwthorized Signature Ante 415 - 288 -1607 Telephone No. 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 Project No, 12 -PW -143 CERTIFICATE OF ENSURANCE Reclamation and West Generators Replacement PAGE 00630 - 2 GENERAL LIABILITY ENDORSEMENT South County Regional Waste Authority ("the Agency ") 7351 Rosatuta Street Gilroy, CA 95020 Attn: Risk Manager A. poLiCY INFORMATION Endorsement No. 1. Insurance Company Traveler' Property casualty co America Policy No. DTE- CO- 7977B16A -11 2. Policy Term (from) 10/01/2011 (to) toiovm12 % 3, Named Insurod_ Auburn Constructors Inc. Word St .r...., r ....., q 4. Address of Natured Insured _7?o_yy- �,.;.�_ yacr.urtento, CA 5, Limit of Liability Any One Incident/A99milble $ 1,000,000 ! 2,000,000 6. Deductible or Wf-Ensured Retwtticro • (NI unless otberwise specified): $ 1,000 for Property Damage Liability 7. Covcrage is equivalent: Comprehensive General Liability form GL0002 (Ed IM) Comprehensive General Liability "occurrence" form CGOODI Commercial General Liability Coverage Form CG 00 01j Comprehensive General Liability "claims -made" form C00002 g, Bodily Injury and Property Damage Coverage is: "claims- made" - '9ccurrence" if claims -made, the retroactive date is — NOTR 'no Agency's standard insurance tequirements specify "occurrence" coverage. "Claims -nmda" coverage requires special approval, B. EQLICY AMENDNE= This endorsement is issued in consideration of the policy premium, Notwithstanding any inconsistent statement in the policy to whielt this endorsement is attached or any other endorseme t 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 dartmges end 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 Nettled 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, ofi'icials, 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: (1) Insurance Services Office form number GL 002 (Ed. 1173), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement; or (2) Insurance Services Office Conintorcial 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). Project No. 12 -PW -193 CERTIFICATE OF INSURANCE Reclamation and West Generators Replacement PAGE 00630 - 4 SEVER.ABILITY OF INTEREST. The insurance afforded by this policy applies separately to each ittsured 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. 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 officcrs, officials, employers or volunteers. 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 nolicc by oedified mail rowm receipt requested has been given to the Agency. Such notice shall be addressed as shown in ft beading of this endorsement. C. INCIDENT AND CLAIM REPORT11% ,PROCEDURE Incidmis and claims are to be reported to the insurer at; ATTN: (Address) Helen Kong - Senior Claims Consultant - Claims Deprtment (Title) (Department) Arthru J Gallagher Risk Management Services (Company) Arthur J Gallagher & Co Insurance Brokers of California, Inc One Market Plaza, Suite 200, San Francisco, CA 94105 (415) 536 - 8601 Claims- sf @ajg.com (Telephone) D. SIGNATURE OF INSURER OR AVIH R1ZED REPRESENTATIVE OF THE INSURER I Ginal Luciano (print/type naiAge! 1 have a he below listed insurance company and by my algnaturc hereon do company, URE 0 ORIZED REPRESENTATIVE signature required on endorsement farnislmd to the Arthur J Gallagher & Co Insurance Brokers of California, Inc OR4ANIZATIONGaIIa her Constructio TITLE Arq One Mare pear ower uite 200 ADDRESSSan Francisco, CA 94105 TELEPHONE 415 - 288 -1807 Project No. 12 -PW -193 CERTIFICATE OF INSURANCE Reclamation and West Generators Replacement PAGE 00610 - 5 WORKER'S COMPENSATIOMEMPLOY>t1iS LIABILrrV ENI)ORSEMENT South County Regional Wastewater Authority, SCRWA (' the Agency 7351 Rosanna Street Gilroy, CA 9$020 Attn: Risk Manager A, POLICY INFORMATION Endorsement # 1. Insurance Company: Commerce & Industry Ins Co ( "tlte Company') Policy Number: 2 1 654 2. Effective Date of This Endorsernont: 01!01!2012 3. Named Insured Auburn Constructors, Inc. 4, Employer's Liability Limit (Coverage B): 11000,000 R. POLICY AMENDMENTS In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached dccreto, it is agreed as follows: 1. Caacenation Notice. The insurance afforded by aria policy shall not be suspended, voided, cancdlod, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail Tatum reecipt requested has been given to the Agency, Such notice shall be addressed as shown in the heading of this endorsement. 2. Waiver of Subrogation. Tm insurance Company agrees to waive all rights of subrogation against the Agency, its elected or appointed ofiicers, officials, agents and employees for losses paid under, the terms of this policy which arise front work performed by the Tamed insured for the Agency. C. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER 1, Gina Luciano (prjnthype same), w that 1 have author' �b#ithc below listed insurance company and by my signature hereon do so bind igpenY• fl&lTURE OF�1'FIORIffl) REPRESENTATIVE (original signature required on endorsetent fumishad to the Agency) Arthur J Gallagher & Co Insurance Brokers of California, Inc OROANIZATIONGallagher Construction Services TITLE Account Executive One Market Spear Tourer Suite 200 415- 288 -1607 ADDRESS_ San Fran i`"^ r'�4+44'.c1 TELEPHONE ****END OF SECTION * * ** 1 ]-CAD -177 WORKERS' COMPENSATION INSURANCE GERTiFICATE ]48142] — SCRWA South Pipeline PAGE 00650 - 1 ACC) °® CERTIFICATE OF LIABILITY INSURANCE °04 /10 /'°0' 2"' 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 LIC #0726293 1 -415- 391 -1500 CONTACT NAME: Gallagher Construction Services/ PHONE q15- 391 -1500 FAX 415 - 391 -1882 t A/C No: Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. ADDRIESS: gcsefcerts@ajg.com 1 Market St., Spear Tower #200 INSURERS AFFORDING COVERAGE NAIL# San Francisco, CA 94105 INSURERA: TRAVELERS PROP CAS CO OF AMER 25674 INSURED INSURER B: TRAVELERS IND CO OF CT 25682 INSURER C National Union Fire Ins Co Of Pitts 19445 Auburn Constructors, Inc. INSURERD: COMMERCE & INDUSTRY INS CO 19410 730 West Stadium Lane INSURER E: Sacramento, CA 95834 INSURER F: $300,000 rnVFRAr_FC rFRT1FIrATF NIIMRFR! 26577971 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR SUER POLICY NUMBER M POLICY EFF POLICY IDY LIMITS A GENERAL LIABILITY X X DTE- CO- 7977B16A -11 10 /01 /1 10/01/12 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $300,000 CLAIMS -MADE u OCCUR MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $2.000,000 $ POLICY X PRO- LOG B AUTOMOBILE LIABILITY X X DT- 810- 7977B16A -11 10/01/13 10/01/12 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS X NON -0WNED PROPERTY D AMAGE Per ac.,Zn $ HIRED AUTOS X AUTOS $ X Comp. Ded. X Collie. Ded. C X UMBRELLA LIAII X d OCCUR X BE 21422982 10 /01 /1 10/01/12 EACH OCCURRENCE $2,000,000 AGGREGATE $ 2,000,000 EXCESS LIAR CLAIMS -MADE DID FX T ETENTION 10,000 $ D WORKERS COMPENSATION X 21417654 01 /01 /1 01/01/13 X WCSTATIt OTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 OFFICERIMEMBER EXCLUDED"? (Mandatory in NH) N ( A If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1 , 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Reclamation and West Generators Replacement, Project No 12 -PW -193 ADDDITIONAL INSURED : SCRWA, SCRWA's employees , officers, design consultants, elected officials, construction Manager, agents and Subconsultants rc0r1nrArc Un! n9:0 rANCFI I ATION V (0 1988 -7.Q10 AGO OKPOKA 11UN. All ngnts reserVea. ACORD 25 (2010/05) The ACORD name and logo re registered marks of ACOR edabagcs 26577971 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE South County Regional Wastewater Authority THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 15D0 Southside Drive AUTHOR "PRESENTATIVE Gilroy, CA 95020 C USA '� V (0 1988 -7.Q10 AGO OKPOKA 11UN. All ngnts reserVea. ACORD 25 (2010/05) The ACORD name and logo re registered marks of ACOR edabagcs 26577971 Auburn Constructors, Inc. Policy Number: DT- 810- 79771316A -11 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 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 ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — 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 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this Insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. CA T3 53 06 09 ® 2009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 002555 Auburn Constructors, Inc. Policy Number: DT- 810- 7977B16A -11 COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director 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 following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, °of SECTION IV — BUSINESS AUTO CONDI- 'TIONS: S. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident' or "loss ", provided that the "accident' or "loss" arises out of operations contemplated by such contract. The waiver applies 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, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. Page 4 of 4 m 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Office, Inc. with Is permission. Auburn Constructors, Inc Policy Number: DTE- CO- 79771316A -11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, 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 organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications, and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional 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 that additional insured, and then the insurance provided to the additional insured applies only to such "bodily 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, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other 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" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured 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 collectible 'other in- surance", whether primary, excess, contingent 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 additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable 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 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the 'occurrence" or offense took place; iii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of 'other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization 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 signing and execution of the contract or agreement by you; b. While 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 Travelers Companies, Inc. CG D2 46 08 05 018196 Auburn Constructors, Inc Policy Number: DTE- CO- 7977B16A -11 COMMERCIAL GENERAL LIABILITY sumed in the some "insured contract'; N. BLANKET ADDITIONAL INSURED — LESSOR; and OF LEASED EQUIPMENT (b) Such attorney fees and litigation ex- WHO IS AN INSURED (Section II) is amended to penses are for defense of that party include as an insured any person or organization . against a civil or alternative dispute reso- (referred to below as "additional insured ") with lution proceeding in which damages to whom you have agreed in a written contract, exe- which this insurance applies are alleged. cuted before the "bodily injury" or "property dam - 2. Paragraph 2.d. of SUPPLEMENTARY PAY- age" occurs or the "personal injury" or "advertis- MENTS — COVERAGES A AND B (Section I ing injury" offense is committed, to name as an additional insured, but only with respect to their I!- — Coverages) is deleted and replaced by the ability for "bodily injury", "property damage ", "per- following: sonal injury" or "advertising injury" caused, in d, The allegations in the "suit" and the in- whole or in part, by your acts or omissions in the formation we know about the occur- maintenance, operation or use of equipment rence" or offense are such that no conflict leased to you by such additional insured, subject ! appears to exist between the interests of to the following provisions: the insured and the interests of the in- 1. Limits of Insurance. The limits of insurance demnitee; aff orded to the additional insured shall be the 3. The third sentence of Paragraph 2 of SUP- limits which you agreed to provide in the writ - PLEMENTARY PAYMENTS — COVERAGES ten contract, or the limits shown on the Decla- A AND B (Section I — Coverages) is deleted rations, whichever are less. and replaced by the following: 2. The insurance afforded to the additional in- Notwithstanding the provisions of Paragraph sured does not apply to any "bodily Injury" or 2.b.(2) of Section I — Coverage A — Bodily In- "property damage" that occurs, or "personal jury And Property Damage Liability, or the injury" or "advertising injury" caused by an of- provisions of Paragraph 2.e.(1) of Section 1 — fense which is committed, afterthe equipment Coverage B — Personal Injury, Advertising In- lease expires. jury And Web Site Injury Liability, such pay- 3. The insurance afforded to the additional in- ments will not be deemed to be damages for ", sured is excess over any valid and collectible "bodily Injury" and "property damage or damages for "personal injury", and will not re- "other insurance" available to such additional duce the limits of insurance. insured, unless you have agreed in the writ- ten contract that this insurance must be pri- 4. This provision M. does not apply if coverage mary to, or non - contributory with, such "other for "personal injury" liability is excluded by insurance ". endorsement. Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D316 07 04 Dialog Auburn Constructors, Inc Policy Number: DTE- CO- 79771316A -11 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract' (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract "; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND; • ` PROPERTY DAMAGE LIABILITY (Section Coverages) Is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED -� MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily Injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which Is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional Insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D316 07 04 01 SW 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 tollowing" attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 01 /01/2012 forms a part of Policy N o . 21417654 Issued to Auburn Constructors, Inc. By Commerce & Industry Insurance Company We have a right to recover our payments from anyone liable for an injury covered by this policy. We will riot 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, WC 04 03 61 Countersigned by (Ed. 11 -90) Authorized Representative SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 04/10/2012 NAME OF INSURED: Auburn Constructors, Inc. Additional Description of Operations /Remarks from Page 1: The Producer will endeavor to mail 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate is cancelled prior to the expiration date. Failure to do so shall impose nc obligation or liability of any kind upon the Producer or otherwise alter the policy terms. Additional Information: When required by Written Contract GENERAL LIABILITY: Blanket Additional Insured Contractors - Form CGD246(08 05) Primary and Non Contributory Form Form CGD246(08 05) Blanket Additional Insured Lessor of Leased Equipment - Form CGD3 16(0704) Blanket Waiver of Subrogation- Form CGD3160704 AUTO LIABILITY: Blanket Additional Insured - Form CA T3530609 Blanket Waiver of Subrogation - Form CA T3530609 WORKERS' COMPENSATION: *Waiver of Subrogation - Form WC 04 03 61 (Ed. 11 -90) Statutory State(s): California * 10 day notice for non - payment of premium. A� 0® CERTIFICATE OF LIABILITY INSURANCE ­DATE /10 /2JODrr2 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 LIC #0726293 1 -415- 391 -1500 Gallagher Construction Services/ Arthur J. Gallagher & Co. Insurance Brokers of CA Inc. 1 Market St., Spear Tower #200 CONTACT NAME: PHONE C No Ezt:415- 391 -1500 aC No); 415-392-1882 ADDRIESS: sf.bsd- gcssfcerts.com INSURERS AFFORDING COVERAGE NAIC# San Francisco, CA 94105 INSURERA: ZURICH AMER INS CO 16535 INSURED INSURER B : INSURER C: EACH OCCURRENCE Auburn Constructors, Inc. INSURERD: 730 West Stadium Lane INSURER E: Sacramento, CA 95834 DAMAGE TO RENTED INSURER F COMMERCIAL GENERAL LIABILITY wworn. 9rr'7'7Z42 12FVISInN NIIMRFR' vv r uvww THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/D Y EFF MM1DICY�� LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) $ CLAIMS -MADE u OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ $ POLICY PRO LOC LIMIT AUTOMOBILE LIABILITY E maiden SINGLE BODILY INJURY (Per Demon) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED PROPERTY DAMAGE (Per accident) $ HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION WC STATU- O--R Y YIN AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICERIMEMBER EXCLUDED? ❑ N /p` (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ A DESCRIPTION OF OPERATIONS below Master Builder's Risk NBR4857368 -00 12/31/1 01/01/13 Project Limit: See Below - --_.- -- - DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project Name: Reclamation and West Generators Replacement, Project No. 12 -PW -193 Project Value: $1,951,300 ADDDITIONAL INSURED : SCRWA, SCRWA's employees , officers, design consultants, elected officials, Construction Manager, agents and subconsultants RTIFICA South County Regional Wastewater Authority 1500 Southeide Drive Gilroy, CA 95020 USA 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 ©19 -2010 AC &RD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo registered marks of ACORD edabagcs 26577242