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14-097 Beltramo - Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd. and Prospect Rd Project #2013-03
RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GO V. CODE 27283 23572148 Regina Alcomendras Santa Clara County - Clerk -Recorder 01/31/2017 02:10 PM Titles: 1 Pages: 3 Fees:10.00 0.00 Taxes: 0 Total: 1111 l4,�FY��� titiit�w VIf'N (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NOTICE OF COMPLETION CITY PROJECT NAME: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road (City Project No. 2013-03) , j riginal 0 For Fast Endorsement "NO FEE" City of Cupertino NOTICE OF COMPLETION is hereby given in order to comply with the provisions of Section 27283 of the Government Code. This is to certify that the Notice of Completion dated October 12, 2016 for CITY PROJECT NAME: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road (City Project No. 2013-03) and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on January 18, 2017 and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: January 23, 2017 By: R Lauren Sapu4�� ,�. Seniorf Office Assistant CUPERTINO Recording Requested By: When Recorded Mail To: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 SE NOTICE OF COMPLETION Civil Code §§ 8182, 8184, 9204, and 9208 NOTICE IS HEREBY GIVEN THAT: The undersigned is the agent of the owner of the project described below. Owner's full name is: City of Cupertino, California. 3. Owner's address is: City Hall, 10300 Torre Ave., Cupertino, CA 95014. 4. The nature of owner's interest in the project is: Fee Ownership _ Lessee _X_ Other: Right -of -Way 5. Construction work on the project performed on the owner's behalf is generally described as follows: City Project Name: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road City Project No.: 2013-03 6. The name of the original contractor for the project is: Beltramo Electric, Inc. 7. The project was completed on: August 8, 2014. 8. The project is located at: S. De Anza Boulevard and Prospect Road in Cupertino, CA. Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and cQrrect. Santa Clara County f7�a t)at6 and Place nature Timm Borden Director of Public Works and City Engineer Project No. 2013-03 DOCUMENT 00650 AGREEMENT AND RELEASE OFANY AND ALL CLAIMS THIS AGREEMENT AND RELEASE OF ANY AND ALL CLAIMS ("Agreement and Release"), made and entered into this 8th day of August, 2014, by and between the City of Cupertino ("City"), and Beltramo Electric Inc. - ("Contractor"), whose place of business is at 735 Count Fleet Court, Morgan Hill, CA 95037. RECITALS A. City and Contractor entered into Contract Number 58464 (the "Contract"). B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between City and Contractor as follows: AGREEMENT Contractor will not be assessed liquidated damages except as detailed below: Original Contract Sum $ 91,800.00 Modified Contract Sum S 104,038.00 Payment to Date S 0.00 Liquidated Damages S 0.00 Payment Due Contractor S 104,038.00 r Subject to the provisions of this Agreement and.Release, City will forthwith pay to Contractor the sum of One Hundred Four Thousand Thirty Eight. Dollars (;1104,038.00) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with City as of the date of such payment. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against City arising from the Contract, except for the claims described in paragraph 4 of this Document 00650. It is the intention of the parties in executing this Agreement and Release that flus Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against City, and all if its agents, employees, consultants (including without limitation Consulting Cupertino), inspectors, representatives, assignees and transferees except for the Disputed Claims set forth in paragraph 4 of this Document 00650. Nothing in this Agreement and Release shall limit or modify Contractor's continuing obligations described in paragraph 6 of this Document 00650. City of Cupertino 00650- 1 Agreement and Release of Any and All Claims Traffic Signal Modification and Pedestrian Island \4odification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 4. The following claims are disputed (hereinafter, the "Disputed Claims") and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of'Claim Amount of Claim [Insert information, including attachment if necessary] Consistent with California Public Contract Code Section 7100, Contractor hereby agrees that, in consideration of the payment set forth in. paragraph. 2 of this Document 00650, Contractor hereby releases and forever discharges City, and all of its agents, employees, consultants, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever hind or nature arising out of or in any way concerned with the Work under the Contract 6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full. force and effect as specified in. the Contract Documents. Contractor shall immediately defend, indemnify and hold harmless the City of Cupertino, Santa. Clara County, its Architect, any of their Representatives, and all of their agents, employees, consultants, inspectors, assignees and transferees, from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, ,losses and liabilities that may be assinied against them by any of Contractor's suppliers and/or Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except. for the Disputed Claims set forth in paragraph 4 of this Document 00650. S. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. The provisions of this Agreement and Release ,are contractual in nature and not mere recitals and shall be considered independent and severable, and if an), such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling, or regulation, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. Contractor represents and warrants that it is the true and lawful owner of all claims and other matters released pursuant to this Agreement and Release, and that :it has full right, title and authority to enter into this instrument. Each party represents and warrants that it has been represented by counsel of its own choosing in connection with this Agreement and Release. 11. All rights of City shall survive completion of the Work or tennination of the Contract, and execution of this Agreement and Release. City of Cupertino 00650-2 Agreement and Release of Any and All Claims Traffic Signal Modification and. Pedestrian Island \Modification at: S. De Anza Boulevard and Prospect Road J Project No. 2013-03 * * * CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING * * * THE CITY OF CUPERTINO, a Municipal Corporation of the State of California - Its: 1). e� .. eoF �:,bi�:�_ 1,� &A -S ATTEST: Grace Aimidt, City Clerk [CONTRACTOR] By: Name: Its: AS TO FORM: Carbf Korade, CitjrAttorney --, ?0 END OF DOCUMENT City of Cupertino 00650 - 3 .Agreement and Release of Any and All Claims Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupedino.org CUPERT'INO June 9, 2014 Bear Electrical Solutions, Inc. P.O. Box 924 Alvis.o, CA 95002 Re: Project Number 2013-03 Traffic Signal Modification and Pedestrian Island Modification at S. De. Anza Boulevard and Prospect Road. The contract for the above stated project was awarded to Beltramo Electric, Inc. Due to not meeting the requirements on the Statement of Qualifications, resulting in a disqualification we have enclosed your opened envelope B that included your Statement of Qualifications and your bid bond. If you have any questions or need additional information, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant cc: Public Works Enclosure CUPERTINO PUBLIC WORKS DEPARTMENT Timm Borden, Director CITY HALL 10300 TORRE AVENUE — CUPERTINO, CA 95014-3266 (408) 777-3354 — FAX (408) 777-3333 Mr. Robert Asuncion Bear Electrical Solutions, Inc. P.O. Box 924 Alviso, CA 95002 Dear Mr. Asuncion, The City of Cupertino has reviewed Bear Electrical Solutions, Inc.'s (Bear Electrical) bid. The Statement of Qualifications (SOQ) asks whether the bidder has at least five years experience "as a continuously operating entity engaged in the performance of similar work". It further provides that a Bidder will be "immediately disqualified" if there is a "No" answer to this question. Bear Electrical responded, "Yes". However, upon reviewing its license, the City determined that Bear Electrical has not been in business for five years. In an interview with you, Bear Electrical stated that its employees have the requisite experience, however, the bid documents require a "continuously operating entity." As a result, Bear Electrical is immediately disqualified. If Bear Electrical believes that it is entitled to any further recourse, including any hearing to determine whether Bear Electrical is a responsible bidder, please contact the undersigned at (408) 777-3237, and provide any authority for that position. Sincerely, rwin Ching f Associate Civil Engineer OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUI= • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO June 9,, 2014 Steiny and Company, Inc. 27 Sheridan Street Vallejo, CA 94590 Re: Project Number 2013-03 Traffic Signal Modification and Pedestrian Island Modification at S. De. Anza Boulevard and Prospect Road The contract for the above stated project was awarded to Beltramo Electric, Inc. Enclosed is your Statement of Qualifications and your bid bond. If you have any questions or, need additional information, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant cc: Public Works Enclosure June 9, 2014 Tennyson Electric Inc. 7275 National Drive, #A2 Livermore, CA 94550 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 Re: Project Number 2013-03 Traffic Signal Modification and Pedestrian Island Modification at S. De. Anza Boulevard and Prospect Road The contract for the above stated project was awarded to Beltramo Electric, Inc. Enclosed is your Statement of Qualifications and your bid bond. If you have any questions or need additional information, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant cc: Public Works Enclosure CUPERTINO Beltramo Electric, Inc 735 Count Fleet Court Morgan Hill, CA 95037 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cuperl.ino.org Project Number 2013-03 Traffic Signal Modification and Pedestrian Island Modification at S. De. Anza Boulevard and Prospect Road Your bid bond and contract for the above stated project is enclosed. If you have any questions or need additional information, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders City Clerk's Office cc: Public Works Enclosure 4 Project No. 2013-03 DOCUMENT 00520 CONTRACT ati THIS CONTRACT, dated this .1.6 day ofdo,, 2014, by and between BELTRAMO ELECTRIC, INC. whose place of business is located at 735 Count Fleet Ct,� organ Hill, CA 95037 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") acting under and by virtue of the authority vested in the City by the laws of the State of California. WHEREAS, City, on the day of MOL 2014 awarded to Contractor the following Project: PROJECT NUMBER 2013-03 TRAFFIC SIGNAL MODIFICATION AND PEDESTRIAN ISLAND MODIFICATION AT S. DE ANZA (BOULEVARD AND PROSPECT ROAD NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: 1 Article 1. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated Erwin Ching, Associate Civil Engineer , to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting -as City's Authorized Representative(s), or delegate one or more specific functions to one or more specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2. All notices or demands to City under the Contract: Documents shall be to City's Authorized Representative at: 10300 Torre Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Tinie and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days afti;r the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the entire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions) within 60 Calendar Days from .the date when the Contract Time commences to run as provided in Document 00700 (General Provisions) City of Cupertino 00520- 1 Contract Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer financial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consistent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liquidated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. Liquidated damages shall apply cumulatively and, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third -parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as -built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect -of the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as -built drawings, drawings, products specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor may be entitled to rely. Contractor agreesthat except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as -built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necessary for the performance or furnishing of Work at the Contract' Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. City of Cupertino 00520-2 Contract Traffic Signal Modification and Pedestrian Island Modification at.S. De Anza Boulevard and Prospect Road Project No. 2013-03 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract. Documents and as -built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, delivery and performance of this Contract, the other Contract Documents and the Work to be performed herein.. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontractors List) Article 6. Coutract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document :00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross -Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release Agreement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualifications Document 00481 Non -Collusion Affidavit Document 00482 Bidder Certifications Document 00520 Contract Document 00530 Insurance Forms Document 00610 Construction Perfonna:nce Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00680 Escrow Agreement for Security Deposits in Lieu Retention Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Prograim Technical Specifications Addenda(s) Drawings/Plans 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). City of Cupertino 00520-3 Contract Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 Article 7. Miscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are, the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative; of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the Contract Documents, and may subcontract portions of the Contract Documents only in compliance with the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or, materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diems wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSR/PWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1861 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions beibre commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract .Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Contract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520-4 Contract Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 IN WITNESS WHEREOF the parties have executed this Contract in quadruplicate the day and year first above written. TRAFFIC SIGNAL MODIFICATION AND PEDESTRIAN ISLAND MODIFICATION AT S. DE ANZA BOULEVARD AND PROSPECT ROAD CITY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: City Clerk: Grace Schmidt as to form by City Attorney: Attorney: I hereby certify, under penalty of perjury, that Timm Borden, Director of Public Works of the City of Cupertino was duly authorized to execute this document. Dated: > / Z Timm Borden, P.E. Director of Public Works of the City of Cupertino, a Municipal Corporation of the State of California Designated Representative: Name: Erwin Ching, P.E. Title: Associate Civil Engineer Address: 10300 Torre Ave., Cupertino, CA 95014 Phone: 408-777-3354 Facsimile: 408-777-3333 AMOUNT: S 91,800.00 ACCOUNT NUMBER: 110-8602-9341 FILE NO.: 74,774.01 A CONTRACTOR: BELTRAMO ELECTRIC, INC., a California C'nrnnration Title: [If Corporation: Chairman , President, or Vice President] Title: _ &< re,4 VV [If Corporation: Secretary, A sistant Secretary, Chief Financial Officer, or Assistant Treasurer] A7 ;- C- l0 State Contractor's License No. Classification CO (-3l 1 195 Expiration Date 0 45-1 q awe Taxpayer ID No. abEv Name: biel `�4 Title: Address OO�ICo Phone: Facsimile: NOTARY ACKNOLEDGEVIENT IS REQUIRED. IF A CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACKNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino 00520-5 Contract Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 SCHEDULI. OF BID PRICES All Bid items, including lump sums and unit prices, must be filled in completely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Specialty Items are identified on the Bid Forni in the description. 02453 7 02515 TRAFFfC SIGNAL LS (� �> L02577 "t TOTAL Total Bid Price: Unit Legend LS = Lump Sum EA = Each LF = Linear Feet TON = Ton or 2,000 Pounds CY = Cubic Yards LB =Pounds AL = Allowance SF = Square Feet City of Cupertino 004,00-3 Traffic Signal Modification and Pedestrian Island Modificatio:a at S. De Bid Form Anza svuievard and Prospect ROad Calif . omia Alt -Purpose Acknowledgment Stlateof California- S.S. C-ountwQf Santa Clara �Con 4eforemei, Brooke A. Alarcon, Notary Public Nat&d-Nolar. C, .y..Publi TM4 porsonally'Ap .00ar6d NameqfSighler;(2) who proved to meon the basit;-; of satisfactory elvi-dence. tqt be the. pqpp� �1. whose names) s . W ey�executed *h 4 , --- t -t -1- -d -'d t, 'that"; Wgre,sUhigbrib6d to the Within' fns r0men an, ack-d' - dw e ge i to me thek,aq'thorized.:caDa,6i (i 0.)i-andthifby- Whiar/t &r _f at -'We -i the, the same Int -h ypin l' -d,: eketUted the -('thoer yblaoftbe-h. If fw0,.t`which n ,.;Ef hs;trUrh0ht.,the �,:.O Itit h the 00 acted, instrument:, I certify :uri or PE. WALTY-OPPE'RJURY under f1lie 19W,n of the'State of California ia--thAtAhg :foregoing paragraph; is true and -qrreg d - - - .1 BROOKE A. ALARCO I COMM. #2033974 z WITN ES$�rrly'haq C? .0 and official seal. Notary Public - California z Santa Clara County Comm. Expires July 19, 2017 SePI 4iti7QUg,h-the-inforrmtion.107,thiS section-,is,nQtre -,sd qu.# by. --law, it could prevent rauduont:rermma[and reattachment.0t h Vwl— prp t.on. -m ,?roue vb ftjl�to .W. grq--n o an 0. Lr Oescripflicin'-pfAttached Document '" The -preceding Certificate pf.Ackngw ledgMent- ISattached az, 00butriOnf.-titiOWf,6rthe.,p.'povr , se� f-- -o. 6dhtaflnWh'g,, qd, eis, and`diatd�d- _p ! The sig-r1er(s)'da'p kityora-Utho"it' are W , , a S.. i 171 Individual(s) C3 'A96rnqyA'hi'fact- 4.1 . C) Gor ,p ie Tiiie(s) r-1 Guardia,, sery a,, on ator. [:1 ftbiet Lirnite d./,Gdn'er.a'l 0 -Other representinq*.: En dtw biq- 3JTier is.RPlYS6nt-q Ri gHts: Reserved: -PrdVedlo ine..bnthei'6iksiii-bfE4tiidibtbr.y.eviddno6: 0. fqrTn ($);of i.dent c.. ion Mtarigv`e 'In -no a Jq I qffid on;. t-J."ka"HJ'A" ry. 1. Oage 0." En-try.,0_ `N , otaly con - ta&. Additional Signer Fgner(s)Thumbprints(s) Ei Project No. 2013-03 DOCUMENC 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of TRAFFIC SIGNAL MODIFICATION AND PIMESTRIAN ISLAND MODIFICATIO AT S. DE ANZA BOULEVARD AND PROSPECT ROAD CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as tnay be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written Instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergerioy where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contactor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not In lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at .law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the l J o t�N Ci 144 tate/Zip Date ty END OF llOCUMENT City ofGupertino 00630 - 1 Guaranty Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 DOCUMENT 00630 GUARANTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ('City"), for construction of TRAFFIC SIGNAL MODIFICATION AND PIIDESTRIAN ISLAND MODIFICATIO AT S. DE ANZA BOULEVARD AND PROSPECT ROAD CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on this Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year folhawing the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional waranity of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or such longer period of time as may be prescribed by laws or regulations, or by the terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it with Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting frora such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the rcquirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agreement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any warranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Date END OF DOCUMENT City of Cupertino 00630-1 Guaranty Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Bond: 724352P $2,754 premium is for contract term and is subject to adjustment based on final contract price. Project No. 2013-03 DOCUMENT 00610 CONS'T'RUCTION PEiRYORA'IANCE BOND IS O TR TION PE ORMANCE BOND ("Bond") is dated A CII 30 2014 is in *ha*p*na*sum of W1ne�y ne�housan Eight Hundred and No/100 Dollars 91 800.00 [wluch is one hundred percent of the Contract Price], and is entered into by and between the parties listed below -to the faithfiA perforrnancceof the Construction uct on Contract listed below. This Bond consists of this page and the Bond Terns and Conditions, pa g pI«Conough 12, attached to this page. Any singular reference to Beltramo Electric Inc. Developers Surety &Indemnity C:o ("Surety" ), the City of Cupertino, a Municipal Corporation of the State of California u City") or other party shall be considered. plural where applicable. CONTRACTOR: Beltramo Electric Inc. " Count Fleet Court AxidMorgan Hill, CA 95037 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Developers Surety & Indemnity -Co. N9 Oak Road, Suite 420 Principal Place of Business Walnut CrePkC'A c)4997 City/State/Zip TRAFFIC SIGNAL MODIFICATION PEDESTRIANISLAND MODIFICATION AT D�BOC��DD PROSPECT ROAD PROJECT NUMBI R 2013-03 at Cupertino, California. DATEDp April 30th 12014 in the Amount of s 91 800.00****************(the "Penal Sum") CONTRACTOR AS PRINCIPAL Company: (Corp. Scal) Signature: /�� NameandTitle: , imberly Beltramo CEO SURETY Company: (C rl). S a Signature: NameandTitle: Nancy HIT _ Attorney In Fact BOND TERMS AND CONDITIONS 1Contractor ad and ass gnsn toCity for nthe tly aco nplete nd land and bind proper erformance emselves, their hof tilex Construction Contract, successors ntract,which is incorporated herein by reference. 2. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this; Bond. 3. if there is no City Default, Surety's obligation under this Bond shall arise atter: 3.1 City has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2 City has agreed to pay the Balance of the Contract Sulu: 3.2.1 To Surety in accordance with the terms of this Bond and the Construction Contract; or City of Cupertino 00610 - 1 Construction Performance Bond Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Callfomia A-11: Purpose Acknowledgment State of,Califothia. County sof: Santa Clara On Nj2)0!1M 4efon�lpqi Brooke A. Alarcon, Notary Public Nanid-oMbta,O.Puialic-, Title porsonal(y appeared Name pfslgaet-0 who. proved to me,on the basisof- s;4tisNp!Qr.y.,,.e�,/.idence. Wbe, the pq,rf;pn.(R')*,, whose l i - 11 -- -- ''`i - n apt)- Jslgre,�sUbscr6e.d i the within strjn6ht and.,i-6�vle�6eto me that - whe. wyexecuted the same j,m,N6Iher/tI4*i'r authorizeo.i ca p it ,),,and`t,0atF ;�Iy h. r1t onthe instrumentOttsdn or the. entity upon. behalf .of which the exeUtddthe I .rl$trument, lcertify-und.or PENALTY-017PERJURY under fir.le'la 8;, of the State -:Californiathe ph is 0.1 foregoing paragraph _q.8. qf,.., fiforni�ajoat true andc-otredt WI.TN.,E-'§;,�S*.'-:.*r,n.,Y'h4qd and official seal.. 4bu�. Q. OLk-, h6faw Public, sitfrAwre, of . N . pkary,pubild BROOKE A. ALARCON COMM. #2033974 Notary Public - California Santata anta Clara County Comm.i rip -.c ION 19. 201 omm. Eynim MI 0"L'jNP0RA4A 0- Ql Alth q gh the inforrm.ton iri ibis secthwis n.oNequited by-law ft.Couldprevent fraucifilen.t.,;rem.v.al,,.aD.d..,roqoa-C.17rn.ent.-O.f Vio acknowledgtne # _to.anW�oetz.4o&01)6�itidnd nWwvVe� usefultoPOSOMs fefyif7g ohlffie%attachlPdUMI-11t., UQa Description of Attached 0Q.,cumorA The. preceding Ceilificate of.,Ackr�. jedgmen't isi,pifached: t;,), -a,. ObWhibfft.titleWkIl pr thejpOr'' purposeof containi, n 1 0 p46si. and,dat0d, .s/ 1. - I.- Th6signb(N pa th t ditytbra,U, qrny i. areas: D IndividuaRP) i] Attemey,:n=fact El C,o.fp, RIF.Ife, Oflicer(0) Tiks) C1 GUardian/Consprvabor 0 Portrief - Li iteW ral representing;. 1 0, 26bg-012:N ter -All Rights. Reserved. 'Pedved1b "Won tKi ba§is:of s;W'9Nfdory. dVideindel' [Djqp(6) ofidentification K `Nbfirigf,eveht'is-detailed j'njn6iqY-jqqTp I_' -0116h: Page Entry#. 'NOtary qpnta4.1 rph Additional:Signer' gner' ET Signer(s)ThuOP I ts(10 Project No. 2013-03 3.2.2 To a contractor selected to perforin the Constnzction Contract in accordance with the terms of this Bond and the Construction Contract. 4. When City has satisfied the conditions of paragraoi 3, Surety shall promptly (within 30 days) and at Surety's expense elect to take one of the following actions; 4.1 Arrange for Contractor, with consent of City, to perform and complete the Construction Contract (but City may withhold consent, in which case the Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4,2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; provided, that Surety may not select Contractor as its agent or independent contractor without City's consent; or 4.3 Undertake to perform and complete the Construction Contract by obtaining bids from qualified contractors acceptable to City for a contract for performance and completion of the Construction Contract, and, upon determination by City of the lowest responsible bidder, arrange for a contract to be prepared for execution by City and the contractor selected with City's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety's obligations defined in paragraph 6, below, exceed the Balance of the Contract Sur., then Surety shall pay to City the amount of such excess; or 4.4 Waive its right to perforin and complete, ai-range for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with City, determine in good faith its monetary obligation to City under paragraph 6, below, for the performance and completion of the Construction Contract:: and, as soon as practicable after the amount. is determined, tender payment therefor to City with full 1axplanation of the payment's calculation, If City accepts Surety's tender under this paragraph 4,4, City may still hold Surety liable for fixture damages then unknown or unliquidated resulting from the Contractor Default. If City disputes the amount of Surety's tender under this paragraph 4,4, City may exercise all remedies available to it at law to enforce Surety's liability under paragraph 6, below, If Surety does not proceed as provided in paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten days after receipt of an additional written notice from City to Surety demanding that Surety perform its obligations under this Bond. At all times City shall be entitled to enforce any remedy available to City at law or under the Construction Contract including, without limitation, and by way of example only, rights to perforin work, protect work, mitigate damages, advance critical work to mitigate schedule delay, or coordinate work with other consultants or contractors. 6. Surety's monetary obligation under this Bond is limited by the Amount of this Bond identified herein as the Penal Sum. This monetary obligation shall augment the Balance of the Contract Sum. Subject to these limits, Surety's obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety's obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion: of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under thy, Construction Contract to pay liquidated damages, and for damages .for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Consiniction Contract including, but not limited to, all valid and proper backcharges, offsets, payments, indemnities, or other damages; City of Cupertino 00610-2 Construction Performance Bond Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 6.3 Additional legal, design professional and delay costs resulting from Contractor Default or resulting from the actions or failure to act of the Surety und,x paragraph 4, above (but excluding attorney's fees incurred to enforce this Bond), 7. No right of action shall accrue on this Bond to any person or entity other than City or its successors or assigns. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or hi any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between City an6. Contractor regarding the Construction Contract, or in the courts of the County of Santa Clara, or in a court of competent jurisdiction in the location in which the work is located. Communications from City to Surety under paragraph 3.1 of this Bond shall be deemed to include the necessary contracts under paragraph 3.2 of this Bond unless expressly stated otherwise. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein, 12. Definitions. 12A Balance of the Contract Sum: The total amount payable by City to Contractor pursuant to the terms of the Construction Contract after all proper adju;,tments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The contract between City and Contractor identified on the signature page of this .Bond, including all Contract Documents and changes thereto. 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract including, but not limited to, "default" or any other condition allowing; a termination for cause as provided in Document 00700 (General Conditions). 12.4 City Default: Material failure of City, which has neither been remedied nor waived, to pay Contractor progress payments due under the Construction Contract or to perforin other material terms of the Construction Contract, if such failure is the, cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END Or DOCUMENT City of Cupertino 00510 - 3 Construction Performance Bond Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Bond: 724352P Premium included in Performance Bond Project No. 2013-03 DOCUMENT 00620 CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND THIS CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND (`Bond") is dated April 30, 2014is in the penal sum Ninety One Thousand Fight Hundred and No/1O0 Dollars ($91,800.00) [one hundred percent of the Contract Price], and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. This Bond consists of this page and the Bond Tenns aphs****r*or* 14, attached to this page. Any sin lar reference to teltramo bectnc, nc• ("Contractor"), Developers Surety & %ndemnity Company ("Surety"), the City of Cupertino, a Municipal Corporation of the State of California ("City") or other party shall be considered plural where applicable. bONTRACT R: eltramo Electric, Inc. 5 Count Fleet Court Morgan Hill, CA 95037 City/State/Zip CONSTRUCTION CONTRACT: SURETY: Developers Surety & Indemnity Company Name 2999 Oak Road, Suite 420 Principal Place of Business City/State/Zip TRAFFIC SIGNAL MODIFICATION AND PEDESTRIAN ISLAND MODIFICATION AT S. DE ANZA BOULEVARD AND PROSPECT ROAD PROJECT NUMBER 2013=03 at Cupertino, California. DATED April 30th******* 800.00**************** , (Ore "Penal Sum") CONTRACTOR AS PRINCIPAL Company: J (Corp, Seal) Signature: JJ // _ `Y{imberl Beltramo Name and Title: y CEO SURETY Company: ( QP Sal) Signature: 1 Name and Title: N an cy H I an Attacneyln Fart BOND TERMS ANA CONDITIONS Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to City and to Claimants, to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to City, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless City from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided City has promptly notified Contractor and Surety (at the address set forth on the signature page of this Bond) of any claims, demands, Iiens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no City Default. City of Cupertino 00620-1 Construction Labor and Material Payment Bond Traffic Signal Modification and Pedestrian Island Modificat;:on at S. De Anza Boulevard and Prospect Road Project No. 2013-03 With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its Subcontractors, for all sums due Claimants. If Contractor or its Subcontractors, however, fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to Work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such Work and labor, then Surety shall pay for the same, and also, in case suit is brought upon this Bond, a reasonable attorney's fire, to be fixed by the court. 4. Consistent with the California Mechanic's Lien Lav,.,, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, In satisfy obligations of Contractor and Surety under this Bond. 7. City shall not be liable for payment of any costs, expenses, or attorney's fees of any Claimant under this Bond, and shall have under this Bond no obligations to mah:e payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives .notice of any change, including; changes of time, to the Constriction Contract or to related subcontracts, purchase orders and other obligations. Surety further hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Construction Contract, or to the Work to be performed thereunder, or materials or equipment to be furnished thereunder or the Specifications accompanying the same, shall in any way affect its obligations under this Bond, and it does hereby waive any requirement of notice or any such change, extension of time, alteration or addition to the terms of the Construction Contract or to the Work or to the Specifications or any other changes. 9. Suit against Surety on this Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, roust be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. All notices to Surety or Contractor shall be mailed or delivered (at the address set forth on the signature page of this Bond), and all notices to City shall be mailed or delivered as provided in Document 00520 (Contract). Actual receipt of notice by Surety, City or Contractor, however accomplished, shall be sufficient compliance as of the date received at the foregoing addresses. 11. This Bond has been furnished to comply with the California Mechanic's Lien Law including, but not limited to, Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory of other legal requirements shall be deemed incorporated herein. The intent is that this :Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages for (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work in said locality. The per City of Cupertino 00620-2 Construction Labor and Material Payment Bond Traffic Signal Modification and Pedestrian Island Modification. at S. De Anza Boulevard and Prospect Road Project No. 2013-03 diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and City to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this Contract. Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages to be posted at each Site. 14. Definitions. 14.1 Claimant: An individual or entity having a direct contract with Contractor or with a Subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a stop notice might be asserted, The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 14.2 Construction Contract: The contract between City and Contractor identified on the signature page of this Bond, including all Contract Documents and changes thereto. 14.3 City Default: Material failure of City, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify termination of the Construction Contract. END OF DOCUMENT City of Cupertino 00620-3 Construction Labor and Material Payment Bond Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Timothy P. Lenihan, Jon C. Voorhies, Barry Link, William Link, Kathryn Thome, Veronica Campos, Jessica Huang, Nancy Hillman, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution arid revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the.respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January lst,.2008. RESOLVED, that a combination of any two of the Chairman of the Board, the Presidont, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or anyAssi:3tanl Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile; and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon ?he corporations when so affixed and in the future with respect to anybond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January Ist, 2008. By. Daniel Young, 1{ ANp,�� OM?ANYP OR D t}CT. w 10 e� OC -n T. 5 O ri By' _ Stephen T. Pate, Senior Vice -President 1 9 3 6 us 1967 Slate of Californiapy��4�<IfiOP�,`T �Z County of Orange # .^•`" On January 31 2011 before me, Antonio Alvarado Notary Public Date Here Insert Name and Title of the Officer personally appeared Daniel Young and Stephen T. Pate Name(s) of.Signer(s) who proved to me on tho basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized . ANTONIO ALVARADO j capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of AMM # 18806A.9 which the person(s) acted, executed the instrument. t�TARYPUBLICS I certify under PENALTY OF PERJURY under the laws of the State of California that the thforegoing OEtX)UN[Y:paragraphis MY comm explres Aug B 2i3i 3 true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature Antonio Alvarado, Notary Public CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in forceas of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this day of By:Aregg ; istant Secretary ID4380(Rev.01111) CITY OF Project No, 2013-03 ADDITIONAL INSURED ENDORSEMENT and CUPERTINO ENDORSEMENT OF PIUMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03 n consideration of the policy premium and notwithstanding any inconsistent statement in the policy o which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as 7ollows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will tie obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the __-- with, but Contract with the City, or ac limited to its general supe-visi( The insurance afforded or owned by the designated a additional policy. Cancellation Notice. canceled, reduced in coverage written notice by certified rna (°`City"). Such notice shall be POLICY INFORMATION 1. Insurance Company: Lan, 2. Insurance Policy Number: ID9_1610-1hH 610PlL--� May 15 3. Effective Date of this Endorsement: _ 4. Insured:Beltramo Electric, Inc. tional insurance held ger a loss under said Ie suspended, voided, hirty (30) days' prior he City of Cupertino 20 14 All notices herein provided e connectiOr Endorsements, shall be Mailed to or delivered to the City at City 10300 with this policy and the 103 0 Torr c Avenue; Cupertino, California 95014. I, William Link (print/type name) City of Cupertino 00530-6 Insurance Forms Trafficsignal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prosect Road Project No. 2013-03 warrant that 1 have authority to bind the below Listed hisurance Tany and by my signature hereon do so bind this Company. Signature of Authorized Representative:�� Y n►, nM (Original signature required on all Endorsements funlished to the Names of Vice President Agent/Agency: Pacific Diversified Insurance Title:-____ Address: 9015 M u rray Ave, Suite 110 Telephone:408-842-2131 Gilroy, CA 95020 Facsimile: 408-842-0867 City of Cupertino 00530-7 insurance Forms Traffic signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 CITY OF COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE PER PROJECT Project Title and Number: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03 In consideration of the policy premium and notwithstanding any inconsistent statement in the policy o which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: id,;d under the General Liability Coverage part of the This Endorsement modifies the insurance prov )elow-referenced policy of insurance. The general aggregate limit under LIMITS 01:� INSURANCE applies separately to the project described as Traffic Si nal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03 POLICY INFORMATION 1. InsuranceCompany: Landmark American Insurance 2, Insurance Policy Number: LHA137268 3. Effective Date of this Endorsement: May 15 2014— 4. Insured: Beltramo Electric, Inc. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I William Link {printltype name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative:L' (Original signature required on all Endorsements furnished to Di trict ) Namesof pacific Diversified Insurance Title: Vice President Agent/Agency: Address: 9015 Murray Avenue Suite 110 Telephone: 408-842-2131 rn a�n�r� Facsimile: 408-842-0867 ilroy-- City of Cupertino 00530-8 Insurance Forms Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road CITY OF Project No. 2013-03 WAIVER OF SUBROGATION ENDORSEMENT 121 WORKER'S COMPENSATION INSURANCE CUPERTINO Project Title and Number: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03 In consideration of the policy premium and notwi•Nhstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of t, -ie insured, arising out of the performance of the above -referenced Contract. POLICY INFORMATION Insurance Company: State Compensation Insurance Fund 2. Insurance Policy Number: 9082548-2014 3. Effective Date of this Endorsement: May 15 2014 4. Insured: Beltramo Electric, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed tc; or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I William Link (printltype name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ` (Original signature required on all Endorsements furnished to istrict Names of Pacific Diversified Insurance Agent/Agency: �Address:9015 Murray Ave Suite 110 Gilroy, CA 95020 Title: Vice President Telephone: 408-842-2131 Facsimile: 408-842-0867 City of Cupertino 0053D - 9 Insurance Forms Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road W CITY OF Project No. 2013-03 CUPERTMO INSURANCE AGREEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will czT y worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall be evidenced by the issuance of a certificate in a forin prescribed by the City and shall be underwritten by insurance companies satisfactory to the City for all operations, sub -contract work, contractual obligations, product or completed operations, all owned vehicles and non -owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall[ name the City, its engineer, and each of its directors, officers, agents and employees, as detennined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California.. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, or prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be, canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is frilly completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino 00530-2 Insurance Fornis Traffic Signal Modification and Pedestrian Island Modifica6ion at S, De Anza Boulevard and Prospect Road Y LIMITS Project No. 2013-03 Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California — Worker's comp "statutory" per CA Law; Employers' .Liability $1,000,000 per occurrence. General Liability - commercial general liability; Combined single limit of $2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products — completed operations hazard. Automobile Liability - comprehensive covering Combined single limit of $1.0 million per owned, non -owned and hired automobiles. occurrence. (Contractor's Name) Dated ► LO 20J City of Cupertino 00530 -3 Insurance Fornis Traffic Signal Modification and Pedestrian Island Modification ;tt S. De Anza Boulevard and Prospect Road BELTR-3 OP ID: LC CERTIFICATE OF LIABILITY INSURANCE COVERAGES CERTIFICATE NUMBER: 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 DATE 0413 0/2 0 1 4 ) 04/30/2014 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 Phone: 408-842-2131 Pacific Diversified Insurance Fax: 408-842-0867 Gilroy Office CONTACT NAME: PHONE FAX 1/C, No, Ext): (A C, No): -MAILADDRESS: 9015 Murray Avenue #110 Gilroy, CA 95020 Bill Link INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Landmark American Insurance INSURED Beltramo Electric, Inc. INSURER B: Golden Eagle Insurance j10836 Kim Beltramo P.O. Box 416 San Martin, CA 95046 _ INSURER C: Scottsdale Insurance Co. 141297 INSURER D: State Compensation Ins. Fund 35076 INSURER E: 12/01/2013 12101/2014 INSURER F : COVERAGES CERTIFICATE NUMBER: 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 BFEN REDUCED BY PAID CLAIMS. �INSR LTR TYPE OF INSURANCE DDL SUBRI I POLICY NUMBER POLICY EFF POLICY EXP MMIDD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X LHA137268 12/01/2013 12101/2014 DAMAGE TO RENTED 50,000 PREMISES Ea occurrence $ CLAIMS -MADE FXI OCCUR MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 1 $ POLICY X PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY (Per person) $ B X ANY AD TO X BA1077886 12/01/2013 12/01/2014 ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X_I AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident) - $ — 11 UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 C X EXCESS LIAB CLAIMS -MADE XLS0091159 12/01/2013 12/01/2014 DED I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N _ X '9082548-2014 X I WC STATU- I JOTH- TORY MS ER LIMITS 01/0112014 01/01/2015 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? F—] (Mandatory in NH) N / A --- --_--- E.L. DISEASE - EA EMPLOYEEI $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B iEquipment Fltr _ CBP1077885 12/01/2013 12101/2014 !Schl Eqpt 29,000 RIB/L 100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03. City of Cupertino, its directors, officers, agents and employees are included as additional insured per the attached endorsements. Primary Insurance applies to the General and Automobile Liability. Waiver of Subrogation applies to Worker's Compensation CE City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 CITYOFC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE --zL___ LM © 1988-2010 ACORD CORPORATIOPY AN'ri ihts reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD -A LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL. INSURED BLANKET - PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE e of Person or Organization: I�A,ny person or organization to whom or to which you are obligated by virtue of a written contract or by the issuance or existence of a written permit, to 1provide insurance such as is afforded by this policy. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work" defined for the additional insured(s) designated above included in the "products -completed operations hazard". B. If you are required by a written contract to provide primary insurance, this policy shall be primary and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 12/1/20.13 forms part of Policy Number LHA137268 issued to BELTRAMO ELECTRIC, INC. by Landmark American Insurance Company RSG 15017 1207 (1185) Includes copyrighted materialVof Insuran�ervices Office, Inc. 1984 with its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the fallowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURA14CE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. This endorsement effective 12/1/20.13 forms part of Policy Number LHA137268 issued to BELTRAMO ELECTRIC, INC. by Landmark American Insurance Company CG 25 03 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 0 BA1077886 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date: of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or form other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours whiile using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property dannage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, t ic. iV ith its perm ssion Page 1 of 4 BA1077886 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident' is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident", we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to 'loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expenses incurred by you for the rental of an "auto" because of 'loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701 (01107) Includes copyrighted material of Insurance Services Offices, Inc. with its pet -mission Page 2 of 4 BA1077886 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an -Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or transmits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system: or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 (01/07) Includes copyrighted mateiial of Insumn-ce Services Offices, Inc. with its peFinission Page 3 of 4 BA1077886 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit', or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract', written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with its permission Page 4 of 4 HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE JANUARY 1, 2014 AT 12.01 A.M. AND EXPIRING JANUARY 1, 2015 AT 12.01 A.M. BELTRAMO ELECTRIC, INC 735 COUNT FLEET COURT MORGAN HILL, CA 95037 WE HAVE THE RIGHT TO RECOVEI:2 OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE Sl'--HEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION REP 06 9082548-14 NEW NA 0-19-45-32 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SMALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING (ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENT IVE SCIF FORM 10217 (REV.1-2012) JANUARY 14, 2014 4e- 2572 o"r'� PRESIDENT AND CEO OLD DP 217 1 Project No, 2013-03 DOCUMENT 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORINTS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THESE WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - .SUBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino - must be completed by the insurance agent or must provide a certificate on the company's form. They must contain. the same information. 3/Endorsement of Additional Insured and primary Insurance and Notice of Cancellation - must be signed by the insurance agent for general liability and automobile liability only. 4. Comprehensive general liability/coimnercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5' Waiver of subrogation endorsement worker's compensation insurance - must be signed by the insurance agent for worker's compensation only. City of Cupertino 00530- 1 Insurance Forms Traffic Signal Modification and Pedestrian Istand Modification at S. De fuiza Boulevard and Prospect Road BELTR-3 OP ID: LC ,4` v��rc�. CERTIFICATE OF LIABILITY INSURANCE D05/16/2014Y) 05/16/2014 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 pulicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an enclorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone:408-842-2131AME: Pacific Diversified Insurance Fax: 408-842-0867HONE Gilroy Office 9015 Murray Avenue #110 Gilroy, CA 95020 ONTACT - FAX VC, No, Ext): AIC, No): [E:.MAIL DDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Bill Link JSURERA: Landmark American Insurance INSURED Beltramo Electric, Inc. INSURER B: Golden Eagle Insurance 10836 Kim Beltramo P.O. Box 416 INSURER C: Scottsdale Insurance Co. — 41297 -- INSURER D: State Compensation Ins. Fund 35076 San Martin, CA 95046 INSURER E: INSURER F: MED EXP (Any one person) $ Excluded COVERAGES CERTIFICATE NUMBER: 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 BI -EN REDUCED BY PAID CLAIMS. (NSRTYPE LTR OF INSURANCE ADOL SUER POLICY NUMBER LICY EFF I D/YYYY MM POLICY EXP MM DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A X COMMERCIAL GENERAL LIABILITY X LHA137268 12/01/2013 12/01/2014DAMAGE TO RENTED 50 000 PREMISES Ea occurrence $ CLAIMS -MADE X OCCUR MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY FX PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ B X ANY AUTO X BA1077886 12/01/2013 12/01/2014 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per. accident) $ PROPERTY DAMAGE $ Per accident X HIRED AUTOS X NON -OWNED AUTOS $ UMBRELLA LIAB X !OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 C X EXCESS LIABCLAIMS-MADE XLS0091159 12/01/2013' 12/01/2014 DED RETENTION $ $ WORKERS COMPENSATION�( WC STATU- OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X 9082548-2014 01/01/2014 01/01/2015 OFFICER/MEMBER EXCLUDED? F—]N/A (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE_ $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Equipment Fltr CBP1077885 12/01/2013 12/01/2014 Schl Eqpt 29,000 R/BIL 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) - RE: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03. The City of Cupertino, San Jose, and Saratoga, Municipal Corporations of the State of California, its City Council, and their employees, representatives, consultants (including without limitation Consulting Engineer), and agents, (continued...) CERTIFICATE HOLDER CANCELLATION CITYOFC City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 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 REPRESENT © 1988-2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are (registered marks of ACORD HOLDER CODE CITYOFC BELTR-3 PACE 2 INSURED'S NAME NOTEPAD. Beltramo Electric, Inc. OP ID: LC DATE 05/16/14 and Engineers, as additional insured, but only with respect to liability arising out of the activities of the named insured. Primary Insurance applies to the General and Automobile Liability. Waiver of Subrogation applies to Worker's Compensation LANDMARK AMERICAN INSURANCE COMPANY This Endorsement Changes The Policy. Please Read It Carefully. ADDITIONAL_ INSURED BLANKET - PRIMARY AND YOUR WORK This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE of Person or Organization: ;Any person or organization to whom or to which you are obligated by virtue lof a written contract or by the issuance or existence of a written permit, to provide insurance such as is afforded by this policy. ......... ........ ......... I .. ......... ....... . .......... ........... ........ A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the SCHEDULE, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations; and/or "your work" defined for the additional insured(s) designated above included in the "products -completed operations hazard". B. If you are required by a written contract to provide primary insurance, this policy shall be primary and SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance does not apply, but only with respect to coverage provided by this policy. This endorsement effective 12/1/20.13 forms part of Policy Number LHA137268 issued to BELTRAMO ELECTRIC, INC. by Landmark Am.eriGan%Insurance Company RSG 15017 1207 Includes copyrighted material of Insurance Services Office, Inc. 1984 (1185) with its permission COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. The General Aggregate Limit under LIMITS OF INSURANCE (SECTION III) applies separately to each of your projects away from premises owned by or rented to you. This endorsement effective 12/1/20.13 forms part of Policy Number LHA137268 issued to BELTRAMO ELECTRIC, INC. by Landrn'afk An Insurance Company CG 25 03 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ❑ IBA1077886 COMMERCIAL AUTO BOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or iform other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; or (2) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto' you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto' by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "in:3ured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "property damage" is caused by an "accident' which takes place after: (a) You executed the "insured contact' or written agreement; or (b) the permit has been issued to you. GECA 701 (01/07) Includes copyrighted material of Insurance Services Offices, Inc. with Its permission Page. 1 of 4 IBA1077886 2. COVERAGE EXTENSIONS a. Supplementary Payments. Subparagraphs (2) and (4) are amended as follows: (2) Up to $2500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "Insured" at our request, including actual loss of earning up to $500 a day because of time off from work. SECTION III - PHYSICAL DAMAGE COVERAGE A. COVERAGE The following is added: 5. Hired Auto Physical Damage a. Any "auto" you lease, hire, rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "loss" in any one "accident' is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. If you are liable for the "accident', we will also pay up to $500 per "accident' for the actual loss of use to the owner of the covered "auto". c. Our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is primary for any covered "auto" you hire without a driver and excess over any other collectible insurance for any covered "auto" that you hire with a driver. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 clays, for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for a period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your materials and equipment from the covered "auto'. GECA 701 (01/07) Includes copyrighted material of Insurance Setwices Offices, hic. with its Permission Page 2 of 4 BA1077886 If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under paragraph 4. Coverage Extension. 7. Lease Gap Coverage If a long-term leased "auto" is a covered "auto" and the lessor is named as an Additional Insured - Lessor, In the event of a total loss, we will pay your additional legal obligation to the lessor for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the lease. "Outstanding balance" means the amount you owe on the lease at the time of loss less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excE:ss wear and tear charges; and lease termination fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "loss" caused by or resulting from mechanical or electrical breakdown does not apply to the accidental discharge of an airbeig. Paragraph 4 is replaced with the following: 4. We will not pay for "loss" to any of the following: a. Tapes, records, disks or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Equipment designed or used for the detection or location of radar. c. Any electronic equipment that receives or tranc;mits audio, visual or data signals. Exclusion 4.c does not apply to: (1) Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto"; or (2) Any other electronic equipment that is: (a) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's"operating system; or (b) An integral part of the same unit housing any sound reproducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA 701 (01/07) Includes copyrighted material of Insumnee Services Offices, Inc. with its permission Page 3 of 4 IBA1077886 SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replaced with: 2. Duties In The Event of Accident, Claim, "Suit, or Loss a. You must promptly notify us. Your duty to promptly notify us is effective when any of your executive officers, partners, members, or legal representatives is aware of the accident, claim, "suit", or loss. Knowledge of an accident, claim, "suit", or loss, by other employee(s) does not imply you also have such knowledge. b. To the extent possible, notice to us should include: (1) How, when and where the accident or loss took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the accident or loss. The following is added to 5. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An Insured g., but only as respects loss arising out of the operation, maintenance or use of a covered "auto" pursuant to the provisions of the "insured contract", written agreement, or permit. B. GENERAL CONDITIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional failure to disclose any hezards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such hazard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date of cancellation if we cancel for any other reason. GECA 701 (01/07) Includes copyrighted material of Insutmnce Services Offices, Inc. with its permission Page 4 of 4 HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12.01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE JANUARY 1, 2014 AT 12.01 A.M. AND EXPIRING JANUARY 1, 2015 AT 12.01 A.M. BELTRAMO ELECTRIC, INC 735 COUNT FLEET COURT MORGAN HILL, CA 95037 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER BLANKET WAIVER OF SUBROGATION REP 06 9082548-14 NEW NA 0-19-45-32 PAGE 1 OF NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: AUTHORIZED REPRESENTIVE SCIF FORM 10217 (REV.1-2012) JANUARY 14, 2014 �_ " �� F� PRESIDENT AND CEO 2572 OLD DP 217 1 CITY OF Project No. 2013-03 ADDITIONAL INSURED ENDORSEMENT lossiMI and CUPERTINO ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION :ENDORSEMENT Project Title and Number: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03 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 thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies fiom whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the teens of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in cormection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is primary insurance, and no additional insurance held. or owned by the designated additional insured(s) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materially altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION Insurance Company: Landmark American Insurance Insurance Policy Number: �LHA137268 3. Effective Date of this Endorsement: May 15 4. Insured:Beltramo Electric, Inc. 20 14 All notices herein provided to be given by the, Insurance Company to the City in connection with this policy and these Endorsements, shall be nlziled to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I William Link (pi-int/type name) City of Cupertino 00530-6 Insurance Forms Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road Project No. 2013-03 warrant that I have authority to bind the below 'listed Insurancee-nipany and by my signature hereon do so bind this Company. l Signature of Authorized Representative;—LiQQ. ,�� .� (Original signature required on all Endorsements furnished to the District) Names of Pacific Diversified Insurance Vice President Agent/Agency: Title: Address: -901 5 Murray Ave, Suite 110 Telephone:408-842-2131 Gilroy, CA 95020 Facsimile: 408-842-0867 City of Cupertino 00530-7 Insurance Forms Traffic.Signal Modification mid Pedestrian Island Modification at S. De Anza Boulevard and Prospect Road CITY OF Project No. 2013-03 COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GE14ERAL LIABILITY ENDORSEMENT OF AGGREGATE LIMITS OF CUPERTINO INSURANCE F'ER PROJECT Project Title and Number: Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03 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 thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below -referenced policy of insurance. The general aggregate limit under LIMITS OF INSURANCE applies separately to the project described as Traffic Signal Modification and Pedestrian Island Modification at S. De Anza Blvd and Prospect Rd. #2013-03 POLICY INFORMATION 1. Insurance Company: Landmark American Insurance 2, Insurance Policy Number: LHA137268 3. Effective Date of this Endorsement: May 15 2014 4. Insured: Beltramo Electric, Inc. 5. Additional Insured: City of Cupertino, its directors, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, William Link _ _ _(printltype name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: I� (Original signature required on atl Endorsements furnished to Di trict) Names of Pacific Diversified Insurance Vice President Agent/Agency: Title: Address: 9015 Murray Avenue Suite 110 Telephone: 408-842-2131 Gilroy, CA 95020 _ Facsimile: 408-842-0867 City of Cupertino 00530-8 hisurance Forms Traffic Signal Modification and Pedestrian Island Modification at. S. De Anza Boulevard and Prospect Road CITY OF WAIVER OF SUBROOA.'.rION ENDORSEMENT WORKER'S COMPENS::ITION INSURANCE CUPERTINO Projed No. 2013-03 Project Title and Number: Traffic Signal Modification and Pedestrian Island Modification at S. DEQ Anza Blvd and Prospect Rd. #2013-03 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 thereto, it is agreed as follows: It is agreed that with respect to such insurance as is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on accotu)t of injury, including death resulting therefiom, sustained by any employee of the insured, arising out of the performance of the above -referenced Contract. POTACY INFORMATION 1. Insurance Company; State Compensation Insurance Fund Insurance Policy Number: 9082548-2014 3. Effective Date of this Endorsement: May 15 4. Insured: Beltramo Electric, Inc. 2014 All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014, I William Link {Iiriut'type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: C S (Original signature required on all Endorsements furnished to istrict Names of NamesAgency: Pacific Diversified Insurance Agent Address: 9015 Murray Ave Suite 110 Gilroy, CA 95020 Title: Vice President Telephone: 408-842-2131 Facsimile: 408-842-0867 City of Cupertino 005:10 - 9 Insurance Forms Traffic Signal Modification and Pedestrian Island Modif cal.ion at S. De Anza Boulevard and Prospect Road RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 DOCUMENT: 22694451 Ili lllllllllAl'I'IIiIPllllllll!P�V REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City Pages 3 Fees.... + No Fees Taxes... Copies.. AMT PAID RDE # 026 8/29/2014 3:21 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Certificate of Completion and[ Notice of Acceptance of Completion Beltramo Electric, Inc For traffic signal modification and pedestrian island modification at the intersection of De Anza Boulevard and Prospect Road. �i,Qriginal O For Fast Endorsement CUPERTINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTA14CE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I., Timm Borden, Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements for the traffic signal modification and pedestrian island modification at the intersection of De Anza Boulevard and Prospect Road hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Beltramo Electric,. Inc. on May 28t", 2014, in accordance with the plans and specifications for said work, have been completed to the City's satisfaction and acceptance of completion was ordered on August 20, 2014. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Director of Public Works and City Engineer of the City of Cupertino Date: August 25, 2014 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the improvement agreement Beltramo Electric, Inc For traffic signal modification and pedestrian island modification at the intersection of De Anza Boulevard and Prospect Road. and the City of Cupertino, a governmental. agency is hereby accepted by the City of Cupertino on August 20, 2014, and the grantee consents to recordation thereof by its duly authorized officer. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Dated: August 26, 2014 By: Andrea Sarfders Senior Office Assistant, City Clerk