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13-128 Sprig Electric, CCTV Camera Upgrade at Service Center OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.org CUPERTINO August 21, 2013 Sprig Electric 1860S. lot" Street San Jose, CA 95112 RE: Agreement Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Dorothy Steenfott Senior Office Assistant Enclosure cc: Public Works La I(o AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SPRIG ELECTRIC FOR CCTV CAMERA UPGRADE AT SERVICE CENTER e 6 � P :Sko� IS AGREEMENT, for reference dated July 9th, 2013, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and "Sprig Electric", a California corporation whose address is 1860 S. 10th St. San Jose, CA. 95112 hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. City and Contractor desire: to enter into an agreement for CCTV CAMERA UPGRADE AT SERVICE CENTER, in accordance with the proposal dated July 91h 2013 NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within thirty (30) calendar days after receiving'notice from the Facilities Supervisor to commence the work, and shall diligently prosecute the work to completion before the expiration of thirty(30) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the proposal dated July 9th, 2013 hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in an amount not to exceed six thousand dollars ($6,000.00) based on the rates of payment set forth in exhibit A, attached and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken from the general fund. 1 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of i:he essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a.material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage 2 to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractor. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or ion behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs l 0A, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, "Attention: City Manager." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,00(),000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required 3 minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION WAIVER: Contractor agrees that in the event of loss clue to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees, and volunteers shall be named as an additional insured under all insurance coverages, except worker, s compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not tie required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not required to provide bonds. 12. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such 4 attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL_: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 16. RECORDS: 5 Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to City at: City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Chris Orr All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: Sprig Electric 1860 S. 10t' St. San Jose, CA. 95112 Attention: Victor J. Lopez 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: 6 A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor. pursuant to Cal. Water Code ' 13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 7 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having; jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 'a2. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. SAFETY REQUIREMENT All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be reported to City. 26. HOURS OF OPERATION Contractor shall be allowed to operate only fc)r the hours of 7:00 a.m. to 3:30 p.m. unless prior written approval has been secured from City to do otherwise. 8 27. REQUIREMENT TO PAY PREVAILING WAGES Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit (monthly or biweekly) certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 9 29. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR CITY OF CUPERTINO "CONTRACTOR NAME" A Municipal Corporation , IBy By _ \. President Title y c ,vs 's ac /11Z FS. Date 7/31/13 Date_ Soc. Sec. # or Tax I.D. 94-2217239 RECOMMENDED FOR APPROVAL: By - Title 1 APPROVED AS TO FORM: KBy City Attorney ATTEST: 1 A Gy r City_Clerk Aa-ot m A- ker-; (lo 10 PURCHASE ORDER NO. 000s8168 PURCHASE ORDER 10300 Torre Avenue Cupertino, CA 95014-3255 PAGE NO. 1 (408) 777-3219 CUPERTINO V F-3661 s F E SPRIG ELECTRIC H CITY OF CUPERTINO N I D 1860 S 10TH ST f, SERVICE CENTER 0 SAN JOSE CA 95112 10555 MARY AVENUE R L T L CUPERTINO CA 95014 0 ATTN: CHRIS ORR ORDER DATE:07/18/13 BUYER: CHRIS ORR REQ. NO.; 00000974 REQ. DATE: TERMS: NET 30 DAYS [F.0-13.: DESTINATION ESC.: QUANTITY UOM DESCRIPTION UNIT PRICE EXTENSION W 4 ---- ------ .......... . ......... .. .. .......... K-_ RE N4, Aw........... W W-0; K..."�i.K. W -M KKx ............ ... ...... ........... .......... ........ ---------- . ........ .... ... ME .... . ...... .'MW� K a 3 U W m n.:s ............. MR.. -050:�' lift . . ....... ERB-"BRE ;�-xl ;'URN M �x pw ... --------- "ROAk -------------- 360 ............... - ----------------� ........... I X-1 ---------- ---- -------- --------- -- - - ------------------------ ... lTEM#1 ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL 6,..0 0.0.00 01 1108503 9318 6,000.00 TOTAL 6,000.00 APPROVED BY d4RECTOR OPVRCHASING E:At 61 f ta?• 40S 2�iS--3134 �ax.• 408-2'�i8--��?4? Date: 07/09/13 To: Ty RE: City of Cupertino Corp Yard Camera wireless 5 mega pixel camera at gate Dear Ty, Thank you for the opportunity to submit our proposed solution for the security project at City of Cupertino Sports Center. Sprig Electric is most interested in providing complete Security services for this project. In preparing our response, we have included scope of work overview and pricing. As your team member, Sprig Data Systems looks forward to providing you with full-service engineering and installation for all of your tecirmology needs. We are committed to adhering to your schedule while maintaining flexibility and providing you with a technically sound solution. Please feel free to contact me at(408) 298-3134 x 255 if you have any questions. We look forward to working with you on this important project. Sincerely, Sprig Electric Data Systems Victor J. Lopez Security Executive CX kj bt 7 /-I Proposal Scope of Work BOM 1. Install and provide 1 wireless 5 mega pixel camera and Nano stations 2. Install one 3 megapixel camera to exist location and new cabling 3. Program system into existing Exacqvisi on unit and licenses 4. Test system Exclusions: 1. Power 110v outdoor outlet by camera 2. Network switch 3. Conduit and pathways Labor $29500.00 Material $2,815.00 TAX 8.65% $ 243.49 GRAND TOTAL $5,558.49 Sign date ;V—/,(Z/ Print l /�d M cQ�t, `s fi Date17 / 2 Revised 6/5/01 P526002K002 o s*. CERTIFICATE OF LIABILITY INSURANCE DATE 04/02IDDIY3 �� 04/02/2013 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. cN IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(iesl 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 1-408-973-9500 CONTACT NAME: Arthur J. Gallagher & Co. PHONE FAX Insurance Brokers of California, Inc. A/C,No,Ezt): (A/C,No): One Almaden Boulevard E-MAIL > Suite #960 ADDRESS: _ _ San Jose, CA 95113 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: VALLEY FORGE INS CO 20508 INSURED INSURER B: OLD REPUBLIC GEN INS CORP 24139 Sprig Electric Co. INSURER C: STARR IND & LIAB CO 38318 1860 S. 10th Street INSURER D: NATIONAL FIRE INS CO OF HARTFORD .20478 San Jose, CA 95112 INSURER E: GREAT AMER E&S INS CO 37532 INSURER F COVERAGES CERTIFICATE NUMBER: 32895372 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 TYPE OF INSURANCE '.ADDLSUBR' POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MhIIDDIYYYY MM/DDIYYYY A GENERAL LIABILITY X GL5091243880 C4/01/13 04/01/14 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ CLAIMS-MADE X OCCUR MED EXP(Any one person) $5,000 X Blanket Add•1 Insured : PERSONAL&ADV INJURY $1,000,000 X Deductible: $25,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMNOP AGG $2,000,000 POLICY X PRO- LOC _ $ B AUTOMOBILE LIABILITY AlCA02321300 C4/01/13 04/01/14 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident).$ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ 'HIRED AUTOS AUTOS (Per accident)_ C UMBRELLA LIAS X !OCCUR SISCCCL00021613 C4/01/13 04/01/14 EACH OCCURRENCE $10,000,000 X .EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 X DED RETENTION$NIL B WORKERS COMPENSATION A1CW02321301 WC STATU- OTH- ANDEMPLOYERS'LIABILITY YIN 01/01/13 01/01/14 XTORY LIMITS. ER _ ANY PROPRIETORIPARTNERIEXECUTIVE❑ E.L.EACH ACCIDENT $ 1,000,000 R/ME OFFICEMBER EXCLUDED? N N/A'. - (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 if yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D ',Scheduled Equipment INS5091598192 (4/01/13 04/01/14 Limit 504,460 D Leased/Rented Equipment INS5091598192 C4/01/13 04/01/14 Limit 75,000 E Pollution/Professional PCE394893201 C4/01/12I 04/01/14 Limit/Limit 2MM/5MM DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Sprig Job#42418 - City of Cupertino Service. ADDITIONAL INSURED (S): City of Cupertino Service. CERTIFICATE HOLDER CANCELLATION Sprig Job#42418 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave. AUTHORIZED REPRESENTATIVE Cupertino, CA 95035 �G 0 USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD dmiller 32895372 P526(9 128(X)2 K Insured: Sprig Electric Co. G-140331-C CNAPolicy#GL5091243880 (Ed. 10/10) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. w 0 BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: > Z COMMERCIAL GENERAL LIABILITY COVERAGE PART w SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per'Paragraph A. below.) Locations of Covered Operations (As per the"written contract," provided the location is within the"coverage territory"of this Coverage Part.) A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any include as an additional insured: broader coverage or any higher limit of 1. Any person or organization whom you are insurance than the least that is: required by "written contract" to add as an a. Required by the"written contract"; additional insured on this Coverage Part;and b. Described in B.I.above;or 2. The particular person or organization, if any, c. Afforded to you under this policy. scheduled above. B. The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as follows: available to the additional insured whether on a primary, excess, contingent or any other basis. 1. The person or organization is an additional But if required by the "written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury"caused in whole or in part by: insured is a Named Insured. a. Your acts or omissions;or 4. The insurance provided to the additional b. The acts or omissions of those acting on insured does not apply to "bodily injury," your behalf "property damage,"or"personal and advertising injury arising out of: in the performance of your ongoing operations a. The rendering of, or the failure to render, specified in the 'written contract";or any professional architectural, engineering, c. "Your work" that is specified in the "written or surveying services, including: contract" but only for "bodily injury" or (1) The preparing, approving, or failing to "property damage" included in the prepare or approve maps, shop "products-completed operations hazard," drawings, opinions, reports, surveys, and only if: field orders, change orders or drawings (1) The "written contract" requires you to and specifications;and provide the additional insured such (2) Supervisory, inspection, architectural or coverage;and engineering activities;or (2) This Coverage Part provides such b. Any premises or work for which the coverage. additional insured is specifically listed as an G-140331-C Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 2 (Ed. 10/10) P326(K)28IHI2 G-140331-C CNA (Ed. 10/10) w, additional insured on another endorsement We have no duty to defend or indemnify an °+ attached to this Coverage Part. additional insured under this endorsement until p C. SECTION IV - COMMERCIAL GENERAL we receive from the additional insured written LIABILITY CONDITIONS is amended as follows: notice of a claim or"suit." 2. With respect only to the insurance provided by 1. The Duties In The Event of Occurrence, this endorsement, the first sentence of ° Offense, Claim or Suit condition is amended Paragraph 4.a, of the Other Insurance z to add the following additional conditions Condition is deleted and replaced with the w applicable to the additional insured: following: An additional insured under this endorsement 4. Other Insurance will as soon as practicable: (1) Give us written notice of an 'occurrence" or a. Primary Insurance an offense which may result in a claim or This insurance is primary and non- "suit' under this insurance, and of any claim contributory except when rendered or"suit"that does result; excess by endorsement G-140331-C, (2) Except as provided in Paragraph B.3 of this or when Paragraph b.below applies. endorsement, agree to make available any D. Oily for the purpose of the insurance provided by other insurance the additional insured has this endorsement, SECTION V - DEFINITIONS is for a loss we cover under this Coverage amended to add the following definition: Part; "Written contract" means a written contract or (3) Send us copies of all legal papers received, written agreement that requires you to make a and otherwise cooperate with us in the pE!rson or organization an additional insured on this investigation, defense, or settlement of the Coverage Part,provided the contract or agreement: claim or"suit";and 1. Is currently in effect or becomes effective during (4) Tender the defense and indemnity of any the term of this policy;and claim or "suit' to any other insurer or self 2. Was executed prior to: insurer whose policy or program applies to a loss we cover under this Coverage Part. a. The"bodily injury"or"property damage";or But if the "written contract' requires this insurance to be primary and non- b The offense that caused the "personal and contributory, this provision (4) does not advertising injury" apply to insurance on which the additional for which the additional insured seeks coverage insured is a Named Insured. under this Coverage Part. G-140331-C Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 2 (Ed. 10/10) a526(e)28002 x Y DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 04/02/2013 NAME OF INSURED: Sprig Electric Co. o�N c� O v Additional Description of Operations/Remarks from Page t: o_ W Additional Information: includes: General Liability: Additional Insured as required by written contract per attached form G140331-C(10/10). Coverage is Primary as required by written contract. SUPP(05/04) r>zcouzxodz Aco 10/23/2® CERTIFICATE OF LIABILITY INSURANCE DATE23/2 IY013 3 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 M REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. p IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 1-408-973-9500 coNTA(:T Arthur J. Gallagher & Co. PHONE FAX O° Insurance Brokers of California, Inc. ANC,Nc J:xt):_ -__- —f-(A/C,.No)_ One Almaden Boulevard E-MAIL > ADORE is: z Suite #960 --- -- — W San Jose, CA 95113 _ __ INSURER(S)AFFORDING COVERAGE _ NAIC#_ INSURER A: VALLEY FORGE INS CO 20508 INSURED INSURER B: OLD REPUBLIC GEN INS CORP 24139 Sprig Electric Co. _---- --"-' - -' - ----" INSURER C: STARR IND & LIAB CO 38318 1860 S. 10th Street INSURER D: NATIONAL FIRE INS CO OF HARTFORD 20478 San Jose, CA 95112 INSURER E: GREAT AMER EIS INS CO 37532 INSURER F COVERAGES CERTIFICATE NUMBER: 36534065 _ REVISION NUMBER: —THIS IS-TO-CERTIFY THAT'TI'iE-POCICI S! OF-INSURANCE Lis,rED-EiEt_GWJ 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. ILTR I - TYPE OF INSURANCE rADDLISUBR[— --POLICY NUMBER QNM DID YYYY� MMIDDlYYYY I LIMITS A GENERAL LIABILITY X GL5091243880 04/01/13 04/01/14 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 300,000 PREMISES Ea occurrence $ CLAIMS-MADE I.-I-1 OCCUR MED_EXP(Any one person) $5,000 X Blanket Add'1 Insured _ PERSONAL B ADV INJURY $ 1,000,000 X-1 Deductible;_$25,000_--_ GENERAL AGGREGATE $2,000,000 GEN1-AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X I ECOT I I LOC _ — ----- $----- B AUTOMOBILE LIABILITY AICA02321300 04/01413 04/01/14 COMBINED SINGLE LIMIT 1,000,000 _ _(Ea accident)_ ,-$ —__ X_ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS I_ _ AT _ X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS -_ AUTOS _(Per accident) X - $ C I �UMBRELLALIAB X OCCUR I SISCCCL00021613 04/01/13 04/01/14 EACH OCCURRENCE $10,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $10,000,000 X DED I RETENTION$NIL $ WORKERS COMPENSATION AICW02321301 WC STATU- OTH- B AND EMPLOYERS'LIABILITY 01/01/13 01/01/14 XI_ I.__l_ YIN _ TORY LIMITS- ER_ ANY PROPRIETOR/PARTNERIEXECUTIVE❑ E:L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N NIA ------- - — (Mandatory in NH) E.L.DISEASE_-EA EMPLOYEE'$ 1,000,000 _ It yes,describe under 1,000,000 DESCRIPTION)OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D S INS5091598192 T 04/01/13 04/01/14 Limit 504,460 D Leased/Rented Equipment INS5091598192 04/01/13 04/01/14 Limit 75,000 E Pollution/Professional PCE394893201 04/01/13 04/01/14 Limit/Limit 2MM/5MM DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Sprig Job #: 42956 / City of Cups Mac 2013-14 Additional Insureds(GL): City Of Cupertino. CERTIFICATE HOLDER CANCELLATION Sprig Job #: "42956 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY.PROVISIONS. 10300 Torre Ave. AUTHORIZED REPRESENTATIVE Cupertino, CA 95035 C4 �`d� 1- I USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD sunsan 36534065 a52&W2Kcwi Insured: Sprig Electric Co. G 140331 C CNAPolicy#GL5091243880 (Ed. 10/10) Co THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. o BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS N - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: cc Z COMMERCIAL GENERAL LIABILITY COVERAGE PART w SCHEDULE(OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by"written contract"per Paragraph A. below.) Locations of Covered Operations (As per the"written contract,"provided the location is within the"coverage territory"of this Coverage Part.) A. Section II - Who Is An Insured is amended to 2. We will not provide the additional insured any include as an additional insured: broader coverage or any higher limit of 1. Any person or organization whom you are insurance than the least that is: required by "written contract" to add as an a. Required by the"written contract"; additional insured on this Coverage Part;and b. Described in B.I.above;or 2. The particular person or organization, if any, c. Afforded to you under this policy. scheduled above. B. The insurance provided to the additional insured is 3. This insurance is excess of all other insurance limited as follows: available to the additional insured whether on a primary, excess, contingent or any other basis. 1. The person or organization is an additional But if required by the "written contract," this insured only with respect to liability for "bodily insurance will be primary and non-contributory injury," "property damage," or "personal and relative to insurance on which the additional advertising injury"caused in whole or in part by: insured is a Named Insured. a. Your acts or omissions;or 4. The - insurance provided to the additional b. The acts or omissions of those acting on insured does not apply to "bodily injury," " your behalf property damage,"or"personal and advertising injury arising out of: in the performance of your ongoing operations a. The rendering of, or the failure to render, specified in the"written contract";or any professional architectural, engineering, c. "Your work" that is specified in the "written or surveying services, including: contract" but only for "bodily injury" or "property damage" included in the (1) The preparing, approving, or failing to "products-completed operations hazard," prepare or approve maps, shop and only if: drawings, opinions, reports, surveys, field orders, change orders or drawings (1) The "written contract" requires you to and specifications; and provide the additional insured such (2) Supervisory, inspection, architectural or coverage;and engineering activities;or (2) This Coverage Part provides such b. Any premises or work for which the coverage. additional insured is specifically listed as an G-140331-C Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 2 (Ed. 10/10) �V'S2i%NI?%IX2 G-140331-C CNA (Ed. 10/10) additional insured on another endorsement We have no duty to defend or indemnify an attached to this Coverage Part. additional insured under this endorsement until M C. SECTION IV - COMMERCIAL GENERAL we receive from the additional insured written LIABILITY CONDITIONS is amended as follows: notice of a claim or"suit." 2.. With respect only to the insurance provided by 1. The Duties In The Event of -Occurrence, this endorsement, the first sentence of Offense, Claim or Suit condition is amended > to add the following additional conditions Paragraph 4.a. of the Other Insurance applicable to the additional insured: Condition is deleted and replaced with [tie following: An additional insured under this endorsement 4. Other Insurance will as soon as practicable.- (1) Give us written notice of an "occurrence" or a. Primary Insurance an offense which may result in a claim or This insurance is primary and non- "suit" under this insurance, and of any claim contributory except when rendered or"suit"that does result; excess by endorsement G-140331-C, _ _:(2)—Except as provided=in_f?aragraph D 3-of•this-- —— or when Paragraph b.below applies____ endorsement, agree to make available any D. Only for the purpose of the insurance provided by other insurance the additional insured has this endorsement, SECTION V - DEFINITIONS is for a loss we cover under this Coverage amended to add the following definition: Part; "Written contract" means a written contract or (3) Send us copies of all legal papers received, written agreement that requires you to make a and otherwise cooperate with us in the person or organization an additional insured on this investigation, defense, or settlement of the Coverage Part, provided the contract or agreement: claim or"suit";and 1. Is currently in effect or becomes effective during (4) Tender the defense and indemnity of any the term of this policy;and claim or "suit" to any other insurer or self 2. Was executed prior to: insurer whose policy or program applies to a loss we cover under this Coverage Part. a. The"bodily injury"or"property damage";or But if the "written contract" requires this insurance to be primary and non- b The offense that caused the "personal and contributory, this provision (4) does not advertising injury" apply to insurance on which the additional for which the additional insured seeks coverage insured is a Named Insured. under this Coverage Part. G-140331-C Includes copyrighted material of Insurance Sewices Office,Inc.,with its permission Page 2 of 2 (Ed. 10/10) P52GIN128002 , DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 10/23/2013 NAME OF INSURED: sprig Electric Co. m ta. 0 M Additional Description of Operations/Remarks from Page 1: �n 00 7 z w Additional Information: Includes: General Liability: Additional Insured as required by written contract per attached form G140331-C(10/10). Coverage is Primary as required by.written contract. SUPP(05/04) DATE.(MMIDDIYYYY) AC R- CERTIFICATE OF LIABILITY INSURANCE 4/2/2014 O THIS AMEN[ EXTEND OR ALTER THE COVERAGE AFFORDED Y TAUTHOR AUTHORIZED TE IS ISSUED AS A MATTER OF INFORMATION ONI.Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. CIE THIS CERTIFICA CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY BELOW. THIS CERTIFICATE OF INSURANCE E DOES NOT HOLDER.I,TE A CONTRACT BETWEENI S BROGATION IS WAIVED,subject to REPRESENTATIVE OR PRODUCER,AN olicy(ies)must ...be endorsed. IMPORTANT: If the certificate holder is an ADDITION'AL.INSURED,the p conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not:confer rights tot e the terms and ONTACT certificate holder in lieu of such endorsements. NAME: FAx PHONE A/C No), PRODUCER xt: Arthur J. Gallagher&Co. E-MAIL One Almaden Boulevard ADDRESS: INSURERS AFFORDING COVERAGE NAIC# San Jose CA 95113 n r l l r n r 41 INSURER A: I R - I 5 INSURER Br.-V Iley For Insuran n H rtf 47 INSURED INSURER C:N tl r n U n 2 n Sprig Electric Co. INSURER o: r t i E 1 n m 8318 1860 S 10th Street INSURER E:Starr Indemnit &Liabilit Com an San Jose CA 95112 INSURER F REVISION NUMBER: H THIS COVERAGES CERTIFICATE NUMBER: 184581'ELOAf 51 OR CONDITION OF ANY CONTRACT E OR OTHER E)-HEREIN IS SUB ECT TOTA TO HEIC ERMS RTIFY THAT THE POLICIES OF INSURANCE LASTED BELOVtI HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERT THIS IS TO CE o.i_ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE_INSURANC MAY H RDED- N THE-. O_f By PAID LIMITS POLICY EFF POLICY EXP — – 'EXCL-OSiONS AND CONDITIONS OF SUCH ADDL SIUBRLIMITS SHOWN MAY HAVE BEEN REDUCED PMM�I`�YIY� POLICY NUMBER /1/2015 EACH OCCURRENCE $1,000;000 INSR TYPE OF INSURANCE INSR WVD /1/2014 LTR GL5091243880 DAMAGE TO RENTED $500,000 PREMISES Ea occurrence B GENERAL LIABILITY person X COMMERCIAL GENERAL LIABILITY MED EXP(Any one ) $15;000 CLAIMS-MADE OCCUR PERSONAL&ADVINJURY $1;000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS-COMP/OP AGG 5,000 00 Deductible _ GEN'L AGGREGATE LIMIT APPLIES PER: 1,000 000 X PRO- LOC /1/2014 /1/2015 Eaaccide�l POLICY Al CA02321401 BODILY INJURY(Per person) A AUTOMOBILE LIABILITY '$ BODILY INJURY(Per accident) $ X ANY AUTO SCHEDULED PROPERTY DAMAGE $ ALL OWNED AUTOS Per accident AUTOS NON-OWNED $ X HIRED AUTOS X AUTOS 10,000,000 1000020858 /1201 /112015 EACH OCCURRENCE $10,000,000 E UMBRELLA LIAB X OCCUR AGGREGATE X EXCESS LIAB CLAIMS-MADE WC STATU- OTH- DED X RETENTION$NIL 1CW02321402 1/112014 /1/2015 X T LI I S ER � E.L.EACH ACCIDENT $1,000;000 A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN E.L.DISEASE-EA EMPLOYE $1.,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE❑ N/A OFFICER/MEMBEREXCLUDED? E.L.DISEA SE POLICY LIMIT $1,000;000 (Mandatory In NH) 484,760 If yes,describe under /1/2014 11/2015 Limit 75,000 DESCRIPTION OF OPERATIONS below INS5091598192 1112015 Limit 2b9M/5pfn/ - C 11/2014 Limit/Limit --- Scheduled Equipment INS5091598192 11/2014_ __/112015_ C Leased/Rented Equipment PCE394893202 D Pollution/Professional _ ---- h ACORD 101,Additional Remarks Schedule,if more spacelis required) DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (Attac City of Cupertino Encoder Sec. Project or Job#: Sprig Job#42874 PO#58033 CANCELLATION CERTIFICATE HOLDER THE EXPIRATION H DATE VTHERE F, NOTICE POLICIES WIBLL CBE C DELIVEREF ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino 10300 Torre Ave. AUTHORIZED REPRESENTATIVE Cupertino CA 95035 USA ©1988-2010 ACORD CORPORATION. All rights rep ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 000670