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17-064 Elcor Electric, Blackberry Farm Concession Stand Electrical Panel Upgrade Project
Project No. __ _ CITY OF CUPERTINO CONTRACT For Public Works Projects of $45,000 or Less This public works contract ("Contract") is entered into by and between the City of Cupertino, a municipal corporation ("City"), and Elcor Electric, a Corporation ("Contractor''), pursuant to Public Contract Code Section 22032, for work on the Blackberry Farm Concession Stand Electrical Panel Upgrade Project ("Project"). 1. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation, and any and all other items or services necessary to perform and complete the work required for the Project ("Work"), as specified in Attachment A, Scope of Work, and according to the terms and conditions of this Contract, including all attachments to the Contract and any other documents and statutes incorporated by reference . To the extent that any attachment contains provisions that conflict or are inconsistent with the terms set forth in the body of this Contract, the Contract terms will control. 2. TIME FOR COMPLETION The City Engineer will not issue Contractor a written notice to proceed ("NT P") with the Work for the Project until the Contract is fully executed by both parties and City has received all insurance documentation pursuant to Section 13 below and any required bonds, if applicable, pursuant to Section 14 below. Contractor must fully complete the Work within 14 calendar days from the commencement date given in the NTP ("Contract Time"). Time is of the essence for completion of the Work within the Contract Time. 3. COMPENSATION AND PAYMENT For satisfactory completion of the Work, performed in full compliance with this Contract, City will pay Contractor $ 17, 145 ("Contract Price"). Contractor must submit an invoice on the first day of each month during the Contract Time for the Work performed during the preceding month, itemizing labor, materials, equipment and any incidental costs incurred. City will pay Contractor 95% of the undisputed amount(s) billed, within 30 days after City's receipt of each properly submitted invoice. Any undisputed retention will be released and included with the final payment to Contractor within 60 days after City accepts the Work for the Project as complete. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor. Payment and performance bonds are required for this Contract if the Contract Price is $25,000 or more. Public Works Contract Page 1 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ 4. LIQUIDATED DAMAGES If Contractor fails to complete the Work within the Contract Time, Contractor must pay liquidated damages in the amount of i..Q per day for each day of unexcused delay in completion. The liquidated damages amount is based on the reasonably foreseeable consequences of delay, which may include actual costs incurred by City due to the delay as well as intangible damages, including loss of or interference with use of public property or inconvenience to the public. Unavoidable delay caused by unanticipated events or circumstances which are entirely outside of Contractor's control may be excused, provided Contractor gives City prompt written notice of any such delay, but excused delay will not entitle Contractor to additional compensation, subject to the limits of Public Contract Code Section 7102. City may deduct liquidated damages from payment due or to become due to Contractor under this Contract. 5. LICENSES AND PERMITS Contractor must possess a California Contractor's License in good standing for the following classification(s): C10 Electrical. Contractor must also obtain a City business license before beginning Work on the Project. Contractor is solely responsible for obtaining any required building permits or similar governmental authorizations for the Work, at Contractor's sole expense. 6. LABOR CODE COMPLIANCE Unless the Contract Price is $1,000 or less, the Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at Section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers' compensation insurance. The Work is subject to compliance monitoring and enforcement by the Department of Industrial Relations ("DIR") pursuant to Labor Code Section 1725.5, and Contractor and any subcontractors must be registered with the DIR to perform public works projects. Contractor must also post all job site notices required by laws or regulations pursuant to Labor Code Section 1771.4. A. Prevailing Wages. The Contract is subject to the prevailing wage requirements applicable in Santa Clara County for each craft, classification or type of worker needed to perform the Work, including but not limited to employer payments for health and welfare, pension, vacation, and apprenticeship. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code Section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid. Public Works Contract Page 2 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ B. Working Day. Pursuant to Labor Code Section 1810, eight hours of labor consists of a legal day's work. Pursuant to Labor Code Section 1813, Contractor will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code Section 1815. All Work must be carried out during regular City working days and hours unless otherwise specified in Attachment A or authorized in writing by City. C. Payroll Records. Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code Sections 1776 and 1812, and all implementing regulations promulgated by the DIR. For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code Sections 1771, 1811 and 1815. Contractor must submit certified payroll records to the Labor Commissioner as required under California law and regulations. D . Apprentices. If the Contract Price is $30,000 or more, Contractor must comply with the apprenticeship requirements in Labor Code Section 1777.5. E . Workers ' Compensation Certification . Pursuant to Labor Code Section 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code Section 3700 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 I will comply with such provisions before commencing performance of the Work on this Contract." 7. AMENDMENTS AND CHANGE ORDERS The provisions of this Contract may not be modified except by a written amendment or change order that is duly authorized and executed by both City and Contractor. Any Contractor request for a change order must be submitted in writing, specifically identifying the proposed change to the Contract and the Work, and the proposed adjustment, if any, to the Contract Price or the Contract Time. Each such request must be accompanied by all substantiating documentation, including, but not limited to, the drawings, detailed cost estimates, and schedule analysis for the change order. 8 . STANDARDS AND COMPLIANCE Contractor will use its best efforts to complete the Work in a professional Public Works Contract Page 3 Blackberry Farm Concession Stand Electrical Panel Upgrade Proj ect Project No. __ _ and expeditious manner, in compliance with this Contract and all applicable permit requirements. Contractor's workmanship must meet or exceed all applicable standards and must comply with all applicable local, state, and federal laws, regulations, rules, and requirements, including City ordinances. By executing this Contract, Contractor warrants that all Work will be performed by a qualified and experienced workforce, and that neither Contractor nor its subcontractors or employees are employees of City or have any other relationship with City officials, employees or consultants that would create an unlawful conflict of interest. 9. INDEPENDENT CONTRACTOR City and Contractor intend that Contractor will perform the Work under this Contract as an independent contractor. Contractor is solely responsible for its means and methods in performing the Work. Contractor is not an employee of City and is not entitled to participate in health, retirement or any other employee benefits from City. 10. IMMIGRATION REFORM AND CONTROL ACT ("IRCA") Contractor is solely responsible for verifying the identity and employment authorization of all of its employees and subcontractors performing the Work, pursuant to the IRCA or similar federal or state rules and regulations governing employment of immigrants. Contractor must indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from Contractor's failure to comply with this section. 11 . NON-DISCRIMINATION Discrimination against any prospective or present employee of Contractor because of race, color, ancestry national origin, ethnicity, religion, sex, sexual orientation, age, disability or marital status is strictly prohibited. Contractor, its employees and its subcontractors, must comply with all applicable local, state and federal nondiscrimination laws, including but not limited to the California Fair Employment and Housing Act, Government Code Section 11135 and Labor Code Sections 1735 and 3077.5. Any violation of this section constitutes a material breach of this Contract. 12. INDEMNITY To the fullest extent allowed by law, Contractor must indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers (individually, an "lndemnitee," and collectively, the "lndemnitees") from and against any and all liability, claims, stop notices, actions, causes of action, demands, losses, damages, and expenses (including legal expenses) whatsoever, including liability Public Works Contract Page4 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ arising from an injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Contract or the Work (collectively, "Liability"), including failure to comply with any obligations herein by Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors. This indemnity obligation does not extend to Liability caused by the active negligence, sole negligence, or willful misconduct of an lndemnitee(s). Contractor's failure or refusal to timely accept a tender of defense pursuant to this Contract will be deemed a material breach of the Contract. City will timely notify Contractor upon City's receipt of any third-party claim relating to the Contract, as required by Public Contract Code Section 9201. No lndemnitee will be personally liable to Contractor or Contractor's directors, officers, officials, employees, agents or subcontractors for any Liability. Contractor's indemnity obligations under this Contract are not limited by any limitation of the amount or type of damages or compensation payable under the workers' compensation laws or other employee benefit statutes, or by the insurance coverage or bond limits required under this Contract, and will survive the expiration or any early termination of the Contract. 13. INSURANCE Contractor must maintain the insurance coverage required in this section through the date of City's acceptance of the Work. The coverage must include the policy types and limits specified below, insuring against claims for injuries to persons or damages to property that may arise or relate to Contractor's performance under the Contract. City will not execute the Contract and issue the NTP until Contractor has submitted to City satisfactory certificates of insurance and endorsements, evidencing the type, amount, class of operations covered, and the effective dates and dates of expiration of the insurance coverage required below. The insurance must be issued by a company or companies acceptable to City and licensed to do business in the State of California, and each insurer must have an A.M. Best's financial strength rating of "A" or better and a financial size rating of "VII" or better. If Contractor fails to provide or maintain any of the required insurance coverage, City may, in its sole discretion and without prior notice to Contractor, purchase such insurance at Contractor's expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. A. Policies and Limits. The following insurance policies and limits are required for this Contract, unless otherwise specified in Attachment A: (1) Commercial General Liability ("CGL'J Insurance: The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form, and must include coverage for liability arising from Contractor's or its subcontractor's acts or Public Works Contract Page 5 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ omissions in the performance of the Work, including contractor's protected coverage, blanket contractual, completed operations, vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence and $4,000,000 in the aggregate. The CGL policy must protect against any and all liability for personal injury, death, or property damage or destruction arising directly or indirectly in the performance of the Contract. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth in this Contract. (2) Comprehensive Automobile Liability Insurance: The automobile liability policy must be issued on an occurrence basis, with limits of at least $1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage, or combined single limit of $1,000,000 per occurrence, covering owned, non- owned and hired automobiles. (3) Builder's Risk Insurance: The builder's risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City. (4) Workers' Compensation Insurance and Employer's Liability Insurance: The workers' compensation and employer's liability policy or policies must comply with the requirements of the California Workers' Compensation Insurance and Safety Act, providing coverage of at least $1,000,000 or as otherwise required by the statute. If Contractor is self-insured, Contractor must provide its Certificate of Permission to Self-Insure, duly authorized by the DIR. B. Additional Insureds. City, including its City Council, boards and commissions, officers, officials, agents, employees, consultants and volunteers, must be named as additional insureds under Contractor's insurance policies required under this section, except under the worker's compensation policy. The naming of an additional insured will not affect any recovery to which the additional insured would be entitled to under the policy if not named as an additional insured. An additional insured will not be held liable for any premium, deductible portion of any loss, or expense of any nature under the policy or any extension thereof. Any other insurance held by an additional insured will not be required to contribute anything toward any loss or expense covered by Contractor's insurance. Public Works Contract Page 6 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ C. Notice. Each certificate of insurance must state that the coverage afforded by the policy or policies is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. D. Waiver of Subrogation. Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. E. Required Endorsements. The CGL policy, the automobile liability policy and the builder's risk policy must include the following endorsements: (1) The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the coverages afforded will apply as though separate policies have been issued to each insured. (2) The insurance provided is primary and no insurance held or owned by City may be called upon to contribute to a loss. (3) This policy does not exclude explosion, collapse, underground excavation hazard, or removal of lateral support. F. Forms of Certificates of Insurance and Endorsements. Each certificate of insurance and endorsement must provide the name and policy number of each carrier and policy, using a form and format acceptable to City. G. Subcontractors. Contractor must ensure that each subcontractor maintains the same insurance coverage required under this section with respect to its performance of Work on the Project, including those requirements related to the naming of additional insureds and waivers of subrogation. 14. BONDS If the Contract Price is $25,000 or more, City will not execute the Contract and issue the NTP until Contractor has provided City with a payment bond and a performance bond for the Work, each in the penal sum of not less than 100% of the Contract Price, using the bond forms included in this Contract under Attachment B, Bond Forms. Each bond must be issued by a surety admitted in California. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City, within seven calendar days after written notice from City. If Contractor fails to substitute an acceptable surety within the specified time, City may, in its sole discretion and without prior notice to Contractor, purchase such bond(s) at Contractor's Public Works Contract Page 7 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ expense and deduct the cost from payments otherwise due to Contractor, or terminate the Contract for default. 15. ASSIGNMENT AND SUCCESSORS Contractor may not transfer or assign its rights or obligations under this Contract, in part or in whole, without City's prior written consent. The terms and conditions of this Contract are binding on Contractor's heirs, successors, and assignees. 16. SUBCONTRACTORS Contractor may use qualified, competent subcontractors to perform up to Q % of the Work under this Contract, provided each subcontract expressly requires the subcontractor to be bound by the provisions of this Contract, including, but not limited to, the indemnity and insurance requirements. City reserves the right to reject any subcontractor of any tier, and to bar a subcontractor from performing further Work on the Project, if City, acting in its sole discretion, determines that the subcontractor's performance or failure to perform does not meet the requirements of this Contract, or for any of the reasons set forth in Public Contract Code Section 4107 . If City rejects a subcontractor pursuant to this section, Contractor must either self-perform the Work of that subcontractor or replace the subcontractor with one that is acceptable to City, at no additional cost to City. 17 . UTILITIES, TRENCHING AND EXCAVATION A. Contractor must call the Underground Service Alert ("USA") 811 hotline for marking of utility locations before digging. For underground service alerts for City street lighting and traffic signal conduits, Contractor must also, before commencing any Work, call the City of Cupertino Service Center at (408) 777-3269. B. As required by Government Code Section 4215, if, while performing the Work, Contractor discovers utilities or utility facilities not identified by City, Contractor must immediately provide written notice to City and to each known utility. C. As required by Government Code Section 7104, Contractor must promptly notify City in writing if Contractor finds any of the three conditions listed below, and wait for further direction from City before disturbing such condition(s). Following such notice, City will promptly investigate and if City finds that one or more of the following three conditions is or are present and that the presenters of any such condition will cause a decrease or increase in Contractor's cost of or time required for performance of the Work, City will amend the Contract Time or Contract Price for the Work as required by law: Public Works Contract Page 8 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ (1) Material that Contractor believes may be a hazardous waste as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with the law; (2) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and (3) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. D. As required by Labor Code Section 6705, if the Contract Price exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City, or its civil or structural engineer, for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited . 18. DAILY REPORTS Contractor must maintain daily reports on the Work and submit them to City upon completion of the Project, or at any time upon request by City. Each daily report must describe: the Work performed that day; the number of workers performing the Work and hours worked; the equipment and hours of labor used for each task; a description of weather conditions; and any circumstances affecting the planned progress of the Work. All such reports are the exclusive property of City, but Contractor is permitted to retain copies of the daily reports for its records . 19. RECORDS Unless otherwise specified in Attachment A, Contractor must maintain and update a separate set of as-built drawings while the Work is being performed, showing any changes from the Work as planned in Attachment A, or any drawings incorporated into this Contract. The as-built drawings must be updated as changes occur, on a daily basis if necessary. Actual locations to scale must be identified on the as-built drawings for all major components of the Work, including but not limited to , as applicable: mechanical, electrical and plumbing Public Works Contract Page 9 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ work ; HVAC systems; utilities and utility connections; and any other components City determines should be included in the final record drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs, including but not limited to piping, conduit, ductwork, and drain lines, must be shown by dimension and elevation. 20. NOTICES All notices, demands, requests or approvals under this Contract must be given or made in writing and sent to the other party by personal delivery, U .S. Mail, a reliable overnight delivery service, facsimile, or by email as a PDF (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party must be given as follows: City: City of Cupertino Attention: Alex Acenas, Public Works Project Manager 10300 Torre Avenue Cupertino CA 95014 Contra cto r: Elcor Electric Attention: Troy Ma rtine z 331 0 Bassett St. Santa Clara, CA 95054 21. URBAN RUNOFF MANAGEMENT All Work on the Project must fully comply with federal, state, local and City regulations concerning stormwater management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets , gutters and storm drains. Contractor will also develop and implement erosion and sediment controls to prevent pollution of storm drains. Contractor must implement these controls prior to the start of the Work , upgrade them due to weather conditions or as otherwise required by City, maintain them during construction or other Work phases to provide adequate protection , and remove them at the end of construction and completion of the Work. Such controls must include, but will not be limited to, the following requirements: A. Install storm drain inlet protection devices such as sand bag barriers , filter fabric fences , and block and gravel filters at all drain inlets impacted by Public Works Contract Page 10 Blackberry Farm Concession Stand Electrical Panel Upgrade Proje ct Project No. __ _ construction. During the annual rainy season, from October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected. Storm drain inlets will be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site. B. Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of each work day. When the Work is completed, wash the streets and collect and dispose of the wash water offsite, in an appropriate location and lawful manner. D. After breaking old pavement, remove all debris to avoid contact with rainfall or runoff. E. Maintain a clean work area by removing trash, litter, and debris at the end of each work day and also when the Work is completed . Clean up any leaks, drips, and other spills as they occur. F. The requirements stated above are intended to be used in conjunction with the California Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction . Contractor's failure to comply with this section will result in the issuance of noncompliance notices, citations, Work stop orders and regulatory fines. 22. EARLY TERMINATION City may terminate this Contract for convenience, upon written notice to Contractor. City may also terminate this Contract for cause. If Contractor fails or refuses to perform the Work as required under this Contract, Contractor will be deemed in default. If the default is not cured to City's satisfaction within two days after delivery of written notice of default to Contractor, City may, in its sole discretion, elect to do one or more of the following: A. Terminate the Contract immediately, upon written notice to Contractor. B. Complete the Work using City's own forces and charge Contractor for all resulting costs and expenses, including City staff time . C. Retain another contractor to complete the Work and charge Contractor for all resulting costs and expenses. D. Require the performance bond surety to pay for completion of the Work . Public Works Contract Page 11 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ E. Pursue any other remedy available to City at law or under this Contract. If City terminates the Contract for convenience or for cause, City will only owe Contractor payment for the Work satisfactorily performed before Contract termination. Nothing in Section 23 below is intended to delay, abridge or bar City's right to terminate this Contract early pursuant to this section. 23. DISPUTE RESOLUTION, LAW AND VENUE Any dispute arising under or relating to this Contract is subject to the dispute resolution procedures of Public Contract Code Section 20104 et seq., which are incorporated by reference. Interpretation and enforcement of this Contract is governed by California law. Venue for any legal action filed in relation to this Contract is the Superior Court for the County of Santa Clara, Californ ia, and no other place. 24. ADVERTISEMENT Contractor may not post, exhibit, or display any advertising signage at the Project site without prior written approval from City. This section does not apply to signage intended or required for general safety while the Work is in progress. 25 . WAIVER A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach. 26. WARRANTY Contractor guarantees and warrants the Work and the materials used or provided for the Project for a period of one year, beginning upon City's acceptance of the Work for the Project as complete ("Warranty Period"). During the Warranty Period, upon notice from the City of any defect in the Work or the materials, Contractor must, at its sole expense, promptly repair or replace the defective Work or materials, including repair or replacement of any other Work or materials that is or are displaced or damaged during the warranty work, excepting any damage resulting from ordinary wear and tear. 27. INTEGRATION This Contract, Attachments A and B, and the documents and statutes attached, referenced or expressly incorporated herein , including any duly Public Works Contract Page 12 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ authorized and executed amendments or change orders to the Contract, constitute the full and complete understanding of every kind or nature whatsoever between City and Contractor with respect to the Work and the Project. No oral agreement or implied covenant will be enforceable against City. If any provision or authorized modification to this Contract is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, all other provisions will remain in full force and effect. 28. SURVIVAL Section 12 (Indemnity), Section 23 (Dispute Resolution), and Section 26 (Warranty) expressly survive termination or expiration of the Contract. 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract is deemed to be inserted, and the Contract will be construed and enforced as though each was included. If through mistake or otherwise any such provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly. 30. CAPTIONS The captions in this Contract are for convenience only and are not a part of the Contract. They do not affect, limit or amplify the terms or provisions of the Contract. 31. AUTHORIZATION Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Contract Page 13 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Project No. __ _ The parties agree to this Contract as witnessed by the signatures below: ELCOR ELECTRIC By ~t:W{b Na meT ':< ~l?:r t ,.J ~7 < Title F"i?.Oj?c..--r t'\.Ad~-je,e. Date 4 /{)1 /11 I I By ___________ _ Name ----------Tit I e -----------Date ----------- CITY OF CUPERTINO A Municipal Corporation t.Xrmm Bt:JJ,,, -= (PF-Director of Public Works Date s I 4 / '2-o 1 1: ~ I RECOMMENDED FOR APPROVAL: By ~ ~- Name /J:(£{/tN{)fk. ,4teNlt.f Title f{)J$ lA c.. vvf)Je..J<S fl< o 1ecr J/VfA+IA-IUe. Date 5 ·I/-· 10 /7 APPROVED AS TO FORM: --81 ~ ~ Randolph Stevenson Hom City Attorney f I Date J\Cf _ l ;}- ATTEST: r---.J ~¥fiu }t L l Grace Schmidt City Clerk r-r _ .1 Date ) -1 ) { Contract Arnau nt: $ 17, 145 P.O. No. ~1r-s 11,o Account No. 100-87-841-900-990 Attachment A: Scope of Work Attachment B: Bond Forms (not applicable) Public Works Contract Page 14 Blackberry Farm Concession Stand Electrical Panel Upgrade Project Attachment A Scope of Work Contractor will perform the following Work for the Project, within the Contract Time set forth in Section 2 and for the Contract Price set forth in Section 3 of this Contract: • Design, drawings and permit. • Remove existing Panel A. • Install 12" wireway for splicing existing branch circuits. • Provide new replacement Panel A. • Extend circuitry as required. • This proposal assumes all work shall be performed during normal business hours (Monday-Friday 7:00 A.M. to 3:30 P.M.). • Exclusions: Overtime, any other special systems, fire alarm system, liquidated damages, temporary power/lighting, any paint and/or patch. Public Works Contract Blackberry Farm Concession Stand Electrical Panel Upgrade Project Page 15 Attachment B Bond Forms (Not applicable, project is less than $25,000) Public Works Contract Blackberry Farm Concession Stand Electrical Panel Upgrade Project Page 16 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 4/28/2017 THIS CERTI FICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICAT E OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT : If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADD ITI ONAL INSURED provisions or be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Asero Insurance Services CONTACT Asero Insuran ce Services NAME: 200 N. Almaden Blvd. 3rd Floor PHONE 866-966-8928 I f..{)2 Nol: 408-27 1-1802 San Jose, CA 95110 'Alf"' J,,.I,-,. C..,H, E-MAIL certs@aseroins.com ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# www.asero in s.com License No. 0A91339 INSURER A: Travelers ln demnitv Comp any of CT 25682 IN SURED INSURER B : Travelers Pro perty Cas ualty Co of Amer 25674 Elcor Electric , Inc. INSURER C : Arch Soecialtv Insuran ce Companv 2 1199 Attn: Clint Woodley 3310 Bassett Street INSURER D: Travelers Casual ty and Surety Co America 31 194 Santa Clara CA 95054 INSURER E: Ohio Security Insurance Comoanv 24082 INSURER F : COVERAGES CERTIFICATE NUMBER: 35347377 REVISION NUMBER: THIS IS TO CERT IFY THAT THE POLICIES OF INSUR ANC E LISTED BELOW HAVE BEEN IS SUED TO T HE INSURED NAMED A BO V E FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RE Q UIRE MEN T, TERM OR CO N DITION OF ANY CON TRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH T HIS CERT IFICATE MAY BE ISSUED OR MAY PERTAIN, T HE INSURANCE AFFORDED BY THE POLI CI ES DESCRIBED HERE IN IS SUBJECT TO A LL THE TER MS , EXCLUSIONS AN D CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RE DUCED BY PAID CLAIMS. IN SR ! ADDL SUBR POLICY EFF POLICY EXP LTR ! TYPE OF INSURANC E ""~n wvn POLICY NUMBER (MM/DD/YYYYl (MM/DD /YYYYl LI MITS A ..L COMMERCIAL GENERAL LIAB ILITY ,/ ,/ DT22CO5200R796TIL 16 7/25/2016 7/25/20 17 EACH OCCURRENCE s 1,000 ,000 D CLAIMS-MADE w OCCUR DAMAGE TO RENTED PREMISES /Ea occurrence) s 300,000 MED EXP (Any one person) s 10 ,000 - PERSONAL & ADV INJURY s 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000 ,000 -i 0 PRO-~ POLI CY ,/ JECT DLOC PRODUCTS -COMP/OP AGG s 2,000 ,000 I OTHER: s B AUTOMOB ILE LIABILITY ,/ DT8105200R796TIL 16 7/25/2016 7/2 5/201 7 COMBINED SINGLE LI MIT s 1 000 ,000 tEa accident' -..L ANY AUTO BODILY INJURY (Per person) s OWNED ~ SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accidenlj S -~ HIRED NON-OWNED PROPERTY DAMAGE ..L AUTOS ONLY __i._ AUTOS ONLY (Per acc1denO s s B ..L UMBRELLA LI AS HOCCUR DTSMCUP5200R796TIL 16 7/25/2016 7/25/201 7 EACH OCCURRENCE s 5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s 5,000 ,000 OED I ,/ ! RETENTION s 10,000 s B W OR KERS COMPENSATION OT J520 0R79616 7/25 /2016 7/2 5/20 17 ...£.1 ~~f TUTE 1 : OTH- A ND EMPLOYERS' LIABILITY : ER Y /N ANYPROPRIETOR/PARTNER/EXECUTIVE D N /A E.L. EACH ACCIDENT s 1,000 ,000 OFFICER/MEMBER EXC LUDED? (Mandatory in NH) E.L. D ISEASE -EA EMPLOYEE S 1000000 If yes , describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT I S 1,000 ,000 C Professional Liabi lity-Pri mary PDCPP0008901 10/27/2016 10/27/2017 Limil/Agg $5 ,000,000 Deductible: Pe r Claim $ 10,000 E In sta ll at ion Fl oate r BMO55661659 7/25/2016 7/25/20 17 Limit: $200,000 D Th ird Partv Crime 106051978 1/29/2017 1/29/2018 Lim it $1 ,000 000 DESCRIPTION OF OPERATIONS I LOCATIONS/ VEH ICLES (ACORD 101 , Additional Remarks Schedul e, may be attached if more space is required) RE: Bla ckbe rry Farm Concession Stan d Electrical Panel Upgrade -Elcor Job 17233 City of Cupertino , it's City Council , bo ards and comm issions, officers , officials, agents, employees, consultan ts and volunteers are named as Additional Insured per endorsement attached. Note: 30 Days Notice of Cancellation w ill be given except 10 days for non-payment CERTIFICATE HOLDER CANCELLATION Citj of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES B E CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 00 Torre Avenue ACCORDANCE W ITH THE POLICY PROVISIONS . Cupertino CA 95014 AUTHORIZED REPRESENTATIV E C)--z- ! Joe Longwello © 1988-2015 ACORD CORPORATION. All r i ghts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 35.H7377 I 16 -17 J..11 L i nes I ,.J anelle Manalo I ·i /28/20 1 7 2:1·1:56 PM (PDT} I Page l of 11 AGENCY CUSTOMER ID : --------------------- LO C #: -------- ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSU RED Asero In surance Services El cor El ectric, Inc. Attn: Clint Wood ley POLICY NU MBER 3310 Bassett Street Santa Clara CA 95054 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS TH IS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: C ity of Cupertino ADDRESS: 10300 Torre Avenue Cupertino CA 95014 General Liability Additional Insured / Primary & Non-Contributory as required by written contract per form CG D2 46 08 05 General Liab il ity Waiver of Subrogation as required by written contract per form CG D3 16 11 11, Section L. Commercial Auto Liability Additional Insured/ Waiver of Subrogation as required by written contract per form CA T3 53 02 15 Workers' Compensation Waiver of Subrogation as required by written contract per form WC 99 03 76/a ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 352 .17377 I 16-17 J>.11 Lines I ,Janelle Manalc I 't/28/2017 2 :11 :56 PM (PDT} I Page 2 of 1 1 INSURED: Elcor Elec tric POLICY# DT22CO5200R796TIL16 COMMERCIAL GENERAL LIABILITY CG D2 46 08 05 2005 The St Paul Travelers Companies, Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED -(Sect ion II) is amended to include any person or organization that you agree in a "written contract requiring insurance " to include as an additional insured on this Coverage Part, but: a) Only wit h respect to liability for "bodily injury", " property damage" or ''persona l injury"; and b) If , and only to the extent that , the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance " applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows : a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the insurance provided to the additional in sured shall be limited to the limits of liabi li ty required by that "written contract requiring insurance ". This endorsement shall not increase the limits of insurance described in Section Ill -Limits of Insurance. b) Th e insurance provided to the additional insured does not apply to "bodi ly injury", "property damage " or "personal injury " arising out of the rendering of, or failure to render , any professional architectural , engineering or surveying services, including: i. The preparing , approving , or failing to prepare or approve , maps, shop drawings , opinions, reports, surveys, field orders or change orders, or the preparing , approving , or failing to prepare or approve , drawings and specifications ; and 352127377 / l6-17 J...11 Lines I Janelle Manalc I 4/28/2 0 17 2:11:56 PM (PDT) I Page-~ c f 11 ii. Supervisory, inspection, architectural or engineering activities . c) The insurance provided to the additional insured does not apply to "bodily injury" or "property damage " caused by "your work" and included in the "products-completed operat ions hazard" unless the "written contract re quiring insurance " specifically requ ires you to provide such coverage for that additio nal insured , and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requ iring insurance " requires you to provide such coverage or the end of the policy period , wh ichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and co lle ctib le "other insu ran ce ", whet her primary , excess , contingent or on any other basis , that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requ iring insurance " specifically r~quires that this insurance apply on a primary basis or a primary and non -co ntributory basis , this insurance is primary to "other insurance " available to the additional ins ured which covers that person or organization as a named insured for such loss , and we wi ll not share with that "other insurance ". But the insurance provided to that additional insured by this endorsement still is excess over any valid and collectible "other insurance ", whether primary , excess, contingent or on any other bas is, that is available to the additional insured when that person or organization is an additional insured under such "other insurance ". 4. As a condition of coverage pro vided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occurrence " or an offense which may result in a claim . To the extent possible, such notice should include: COMMERCIAL GENERAL LIBILITY i. How, when and where the "occurrence " or offense took place; ii. The na mes and addresses of any injure d persons and wit nesses ; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a cla im is made or "suit " is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received ; and ii. Notify us as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit" cooperate wit h us in the investigation or settlement of the claim or defense against the "suit" and otherwise comply with all policy conditions. d) The additional insured must tender the defense and indemnity of any claim or ;'su it" to any provider of other insurance" which would cover the additional CG D2 46 08 05 insured for a loss we cover under this endorsement. However , this condition does not affect whethe r the insurance provided to the additional insured by this endorsement is primary to ';other insurance " available to the additional insu red which covers that person or organization as a named insured as described in paragraph 3. above . 5. The following definition is added to SECTION V. - DEFI NITIONS: "Written contract requ iring insurance " means that part of any written contract or agreement under which you are required to include a person or organization as an additional insu red on this Coverage Part, provided that the "bodily injury " and "property damage " occurs and the "personal injury " is caused by an offense committed: a. After the signing and execution of the contract or agreement by you , b. Wh ile that part of the contract or agreement is in effect ; and c. Before the end of the policy period. 352..;7377 [ lE -17 P.11 Lines I Janelle Manalc I 1/28/2017 2:11:56 PM {PDT} I ?age 4 cf 11 POLICY# DT22CO5200R796TILI 6 CGD3161111 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT Th is endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endo rs ement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured -Newly Acquired Or Formed Organizations F . Who Is An lr:isured -Broadened Named Insured -Unnamed Subsidiaries G. Blanket Additional Insured Manage rs Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT Owners, The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exc lusion does not apply to an aircraft that is: a. Chartered with a pilot to any insured; b. Not owned by any insured ; and c. Not being used to carry any person or prop- erty for a charge . B. DAMAGE TO PREMISES RENTED TO YOU J. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2 . of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is de leted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions , of SECTION I - COVERAGES -COVERAGE A. BODILY 35.1-17377 I 16-17 1'.11 Lines I ,Janelle Manalo ! 4/26/2017 2:14 :56 PM {PDT) / Page 5 cf 11 H. Blanket Additional Insured -Lessors Of Leased Equipment I. Blanket Additional Insured -States Or Political Subdivisions -Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N . Contractual Liability-Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c . and g . through n. do not apply to "premises damage". Exclusion f.(1 )(a) doe s not apply to "premises damage" ca used by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire , explosion, or lightning; or e. Water; unless Exclusion f. of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion -All Pollu- tion Inju ry Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION Ill -LIMITS OF IN- SURANCE. POLICY# DT22CO5200 R 796TILI 6 by any ordinance , law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodi ly injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- eratio ns. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "pe r- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J . KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following prov1s1ons apply to Paragraph a. above, but only for the purposes of the in-surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II -Who Is An Insured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individua l (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership , joint venture or limited liab ility company) or any "em-ployee" authorized by you to give not ice of an "occurrence" or offense. (2) If you are a partnersh ip, joint venture or limited liability company, and none of your partners , joint venture members or man-agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicab le only after the "occurrence" or offense is known by : (a) Any individua l wh o is: 352,!7377 I lf-17 1'.11 Lines ! ,JanellE: ManalG I 1/28/2017 2:11:56 PM (PDT } I Page E Gf 11 ii. l. (i) A partner or member of any partne rsh ip or jo int venture ; A manager of any limited liability company ; or An executive officer or director of any other organization ; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited Ii-ab ility company or other organization to give notice of an "occurrence" or offense . (3) Not ice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part inc ludes an endorsement that provides limited coverage fo r "bod ily injury" or "property damage" or pollution costs arising out of a discharge, release or escape of "pollutants" which contains a requirement that the discharge , release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that requirement. K. UNINTENTIONAL OMISSION The following is Representations , COMMERCIAL CONDITIONS: added to Paragraph 6., of SECTION IV GENERAL LIABILITY The unintentional omission of, or unintentional error in , any information provided by you which we relied upon in issuing this policy wil l not prejudice your rights unde r this insurance. However, this provision does not affect our right to collect additiona l premium or to exercise our rights of cance llation or nonrenewa l in accordance with applicable insurance laws or regulations . CG D3 16 1111 POLICY# DT22CO5200R796TIL I 6 L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: If the insured has agreed in a contract or agree-ment to waive that insured's right of recovery against any person or organi zation, we waive our right of recovery against such person or organiza-tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc-curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. 35347377 / 16-17 All Lines I aJanelle Manalc I 4/28/2017 2 :1-1 :56 PM (PDT} J Page 7 cf 11 M. AMENDED BODILY INJURY DEFINITION 3. The following replaces the definition of "bodily injury" in the DEFINITIONS Section "Bodily injury" means bodily injury, mental anguish , mental injury, shock, fright , disability, hum ilia tion, sickness or disease sustained by a person, inc luding death resulting from any of these at any time . N. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c . Any easement or li cense agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. CG D3 161111 TRAVELER WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: DTJ5200R79616 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERSENDORSEMENT- CALIFORNIA (BLANKET WAIVER) 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. The additional premium for this endorsement shall be 2.00% of the California workers' compensation pre- mium . Schedule Person or Organization ANY PERSON OR ORGANIZATION FORWHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effect ive 07/25/2016 Policy No. DTJ5200R79616 Endorsement No. Insured: Elcor Electric, Inc. Insurance Company 35217377 I 1€-17 .L.11 Lines I ,Janelle Manalo I 'i/28/2017 2:1-1:56 PM {PDT} I Page 8 o f 11 Premium Countersigned by POLI CY # DT8105200R796TIL16 CA T3 53 0215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is exc luded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages . Read all the provisions of this endorsement and the rest of your policy carefully to determine rights , duties , and what is and is not covered . A . BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV-ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS H. HIRED AUTO PHYS ICAL DAMAGE-LOSS OF USE-INCRASED LIMIT PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A .1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this prov ision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, which- ever is earlier B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization , that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect I. PHYSICAL DAMAGE TRANSPORTATION EXPENSES- INCREASED LIMIT J . PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAVIER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMMISIONS during the policy period, to be named as an additional insured is an "insured" for Covered Autos Liability Coverage , but only for damages to which this insurance applies and only to the extent that under the Who Is An Insured provision contained in Section II . C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV-ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while "auto" hired or rented under a operating an contract or agreement in an "employee's" name, with your permission, wh ile performing duties related to the conduct of your bus iness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUS I NESS AUTO CO N DITIONS: b. For Hired Auto Physical Damage Cover age, the following are deemed to be cov ered "autos" you own : (1) Any covered "auto" you lease , hire , rent or borrow ; 35.~-17377 I lf-17 All Lines I ,Janelle Ma:1alc I -1/28/2017 2:14 :56 PM (PDT} I Page 9 c f 11 POLICY# DTS 105200R796TI LI 6 and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee 's" name , with your permission, while performing duties related to the conduct of your business. However, any rented or borrowed with a driver is not a covered "auto" D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured while using a covered "auto" you don't own , hire or borrow in your business or your persona l affairs . E. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS 1. The follo wing replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL-ITY COVERAGE: (2) Up to $3,000 for cost of bai l bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds . 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL-ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request , including actual loss of earnings up to $500 a day be-cause of time off from work. F. HIRED AUTO-LIMITED WORLDWIDE COV- ERAGE-INDEMNITY BASIS The fo llowing replaces Subparagraph (5) in Paragraph 8.7., Policy Period, Coverage Territory, of SECTION IV BUSINESS AUTO CONDITIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo , or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction , for Covered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less or borrow from any of your "employees", partners (if you are a partnership), me_mbers (if you are a limited liability company) or members of their households . (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of Amer ica, Puerto Rico and Canada: {i) You must arrange to defend the "insured" against , and investigate or settle any such cla im or "suit" and keep us adv ised of all proceedings and actions {ii) Neither you nor any other involved "insured" will make any settlement (iii) We may, at our discretion, participate in defending the "insu red" against , or in the sett lement of, any claim or "su it". (iv) We will reimburse the "insured" for sums that the "insured" lega ll y must pay as damages because of "bodily injury" or "property damage" to which this insurance applies , that the "insured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II- COVERED AUTOS LIABILITY COVERAGE (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II COVERED AUTOS LIABILITY COVERAGE and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages , settlements or defense expenses (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess , contingent or on any other basis. (c) This insurance is not a substitute for required or compulsory insurance in any country outside the Un ited States, its territories and possessions, Puerto Rico and Canada . You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insuran ce requirements wi ll not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements . (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countr ies relating to insurance . G. WAIVER OF DEDUCTIBLE -GLASS The follow ing is added to Paragraph D., Deductible, of SECTION Ill COVERAGE: -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will app ly to glass damage if the glass is repaired rather than replaced . H. HIRED AUTO P HYSICAL DAMAGE USE -LOSS OF USE-INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SECTION Ill -PHYS ICAL DAMAGE COVERAGE: However , the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. P H YSICAL DAMAGE -TRANSPORTATION EXPENSES-INCREASED LI M IT CA T3 53 0215 35.~1 7 3 7 7 I 16-17 J..11 Lines I ,Janelle Ma:1ala I 1 /28 /2017 2 :1'1 :S6 PM (?DT) J Page 10 of 11 POLICY# DT8105200R796TIL16 The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION 111-PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurre d by you because of the total theft of a covered "auto" of the private passenger type. J. PERSONAL PROPERTY- The following is added to Paragraph A.4., Cover-age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property: We w ill pay up to $40 0 for "loss" to wearing apparel! and other personal property which is : (1) Owned by an "insured"; and (2) In or on your covered "auto" This coverage applies only in the event of a total theft of yo ur covered "auto" No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any war-ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1 ,000 for any one "loss" L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" ap-plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company) (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give no-tice of the "accident" or "loss " M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV BUSINESS AUTO CONDITIONS 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent re qu ired of you by a written contract or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance . How-ever this provision does not affect our right to collect additional premium or exercise our right of cancel lation or non- renewal. CA T3 53 02 3-52-17377 j lf-17 J..11 Lines I .Janelle Manalc I 4./28/2017 2 :1-1 :56 PM {PDT) I ?age 11 of 11 CITY OF a CUPERTINO DATE: 10/5/2017 Contractor: Elcor Electric 3310 Bassett St. Santa Clara, CA 95054 BLACKBERRY FARM CONCESSION STAND ELECTRICAL PANEL UPGRADE PROJECT P.O. #2017-516 CONTRACT CHANGE ORDER NO . 01 The fo ll owing changes are hereby approved, notwithstanding language in any attachment to the contrary, Contractor agrees that the amount paid pw·suant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost for schedu le impact such as a delay, impact, inefficiency, acceleration, extended overhead, increased supervision, compression and all other factors affecting cost arising from the subject of this Change Order is hereby re leased and waived by all such Subcontractors and suppliers at all tiers . Change City Field No. Authorization No. 01 n/a Description Cost • Provide (1) 20A 120V receptacle for dishwasher • Provide a ll conduit, wire boxes and hardware to complete scope of work • Extend Contract Time to October 31, 2017 Page 1 $ 1,311 Change Order 01 BLACKBERRY FARM CONCESSION STAND ELECTRICAL PANEL UPGRADE PROJECT P.O. #2017-516 CONTRACT CHANGE ORDER NO. 01 Total Change Order No. 01 Total Project: Original Contract $17,145 .00 Change Order No . 1 1,311.00 Revised Contract $18,456 .00 Schedule Impact: 0 calendar days Project Final Completion Date: October 31, 2017 REVIEWED BY: City of Cupe1iino Alex Acenas Public Works Project Manager Date: 10-5-2017 Elcor Electric, Inc. Troy Maiiinez Date: Digitall y sign ed by Troy Martinez ON · C=l}JS , ""7_ ( . f =,Martinez@el cor (' ~ el ectn c.co".J, e N=Troy Mart ine z Date: 2017 .1 0.05 10:38:06-01'00' ------- Total Change Orders Michael J. imme1mann Capital I provement Program Manager Date ID/~ ltz I t $ 0.00 1,311.00 $1,311.00 Change Order 01 Page 2 October 4, 2017 Mr. Ty Bloomquist City o f Cupe1iino 2 1251 Stevens Creek Bouleva rd Cupertino, CA 95014 eL C ELECTRIC RE : Black Berry Farms Concession Building-Power to Dish Washer 21979 San Fernando Ave., Cupertino, CA Electrical Proposal Dear Mr. Bloomquist, We are pleased to submit our proposal to perform electrical work for the above referenced project. Thi s proposal was developed from direction provided by the City of Cupertino and a review of the site conducted by Elcor Electric. Our proposal , with qualifications, is as follows: Scope of Work • Provide (I) 20A 120V receptacle for dish washer. • Provide all conduit, wire, bo x es and hardware to complete scope of work. • Thi s proposal assumes ex isting breaker and panel can accommodate new load . • This proposal assumes all work shall be performed during normal business hours (Monda y -Friday 7:00 A.M. to 3:30 P.M.). • We are excluding design and drawings, permit, ove1iime, any other special systems , fire alarm system , liquidated damages , temporary power/lighting, any paint and/or patch. Our total bid price for this project is$ 1,311.00 Bid Breakdown: Labor: Material: Total: $ 1,208.00 $ 103 .00 $1,311.00 The above price is good for twenty (20) days. If you have any questions regarding this proposal, please contact the undersigned at your convenience . Sincerely, 'fray Martinez Troy Ma1iinez ELCOR ELECTRIC Prop os al /Ci ty of Cup ertino -Bl ac k Berry Farms Con cess ion-Po we r to Di sh Was her I 0.4.17