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18-177 Bear Electrical Solutions, Orange Ave , and September Dr Street Light Infrastructure InstallationCI TY OF II PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on September 17, 2018 ("Effective Date ") by and between the City of Cupertino , a municipal corporation ("City"), and Bear Electrical Solutions a Corporation ("Contractor") for Orange Ave . and September Dr. Street Light Infrastructure Installation 2. SCOPE OF WORK Contractor will perform and provide all labor, materials , equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project (''Work "), as required in the Scope of Work, attached here and incorporated as Exhibit A , and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3 .1 Term . This Contract begins on the Effective Date and ends on December 21, 2018 ("Contract Time ") unless tenninated earlier as provided herein . Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required . 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time , resources , and qualified staff to deliver the work on time. 3.3 Liquidated damages of$200.00 will be charged for each day of unexcused delay , or City may deduct the amount from Contractor's payments . Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain , such as loss of public confidence in City and its contractors , interference or loss of use of public facilities , and extended disruption to the public . 4. COMPENSATION 4.1 Maximum Compensation . City will pay Contractor for satisfactory perfonnance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $18 ,500.00 ,v ("Contract Price "), for all of Contractor's direct and indirect costs , including all labor, materials, supplies , equipment, taxes , insurance, bonds and all overhead costs . 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials , equipment and Public Works Project Orange Ave./September Dr. Street Light Infrastructme Installation Public Works Contract $45,000 /Rev . May 22, 2018 Page 1 of 11 any incidental costs incurred . Contractor will be paid 95% of the undisputed amounts billed within 30 day s after City receives a properly submitted invoice . Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete . 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits . 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law , and have procured a City Business License . Contractor shall possess a California Contractor's License in good standing for the following classification(s): ClO A C3 l C-61/D31 , which must remain valid for the entire Contract Time . 5.4 Subcontractors. Onl y Contractor's employees are authorized to work under this Contract. Prior written approval from City i s required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools , materials and equipment required to perform the Wark under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price , and Contract Time . Each request must include all the supporting documentation , including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, b y operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void . Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor, its heirs , successors and permitted assigns Public Works Project Orange Aye /September Dr. Street Ljght Infrastructure Installation Public Works Contract $45,000 !Rev . May 22, 2018 Page2 ofll 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Time, and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino " must be displayed in all pieces of publicity , flyers , press releases , posters, brochures, interviews, public service announcements and newspaper articles . No signs may be posted or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perfonn all the Work with its own forces , except that Contractor may hire qualified subcontractors to perfonn up to 25 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City . A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours , the equipment, the weather conditions, and any circumstances affecting performance . City will have ownership of the reports, but Contractor will be permitted to retain copies . 10.2 If applicable , Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical , electrical and plumbing work; HV AC systems ; utilities and utility connections ; and any other components City determines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs , piping, conduit, ductwork , and drain lines must be shown by dimension and elevation . 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles , which must be available for City review and audit, kept separate from other records , and maintained for four years from the date of City 's final payment. Public Works Project Orange Ave /September Dr Street Ljght Infrastructure Installation Public Works Contract $45,000 !Rev . May 22, 2018 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law , and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify , defend , and hold hannless City , its City Council , boards and commissions, officers, officials , employees , agents , servants , volunteers and consultants ("lndemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages , claims , stop notices, actions , causes of action, demands , charges , losses and expenses (including attorne y fees , legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following : (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperfonnance of the Work or of any obligations under the Contract by Contractor, its employees, agents, servants , subcontractors or subcontractors ; (c) Payment or nonpayment by Contractor or its subcontractors or sub-subcontractors for Work performed on or off the Project Site ; and (d) Personal injury , property damage , or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors . 11.2 Contractor must pay the costs City incurs in enforcing this provision . Contractor must accept a tender of defense upon receiving notice from City of a third-party claim , in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract . 11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers ' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other lndemnitee . 11.4 Contractor 's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction . 12. INSURANCE Contractor shall comply with the Insurance Requirements , attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City . City will not execute the Contract until City has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type , amount, class of operations covered, and the effective and expiration dates of coverage . Failure to comply with this provision may result in City , at its sole discretion and without notice , purchasing insurance at Contractor 's expense, deducting the costs from Contractor 's compensation, or terminating the Contract. Public Works Project Orange Aye /September Pr Street Ljght Infrastructure Installation Public Works Contract $45,000 /Rev. May 22, 2018 Page 4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of $1 ,000 or more are subject to the requirements of the California Labor Code, including but not limited to : (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health , pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http ://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777 .5 for Contacts $30 ,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725 .5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day 's work. Contractor will also be required to pay City a penalty of $200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires 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 the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race , religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status , pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135 , and Labor Code Sections 1735, 1777 and 3077 .5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public Works Project Orange Aye./September Dr Street Ljght Infrastructure lnstallatjon Public Works Contract $45,000 /Rev . May 22, 2018 Page 5 ofll 13.4 Conflicts of Interest. Contractor, its employ ees, subcontractors, servants and agents , may not have , maintain or acquire a conflict of interest in relation to this Contract in violation of law , including Government Code section 1090 and Government Code section 81000 and their accompanying regulations . No officer, official, employee, consultant, or other agent of the City ("City Representative ") may have , maintain , or acquire a ":financial interest" in the Contract, as that term is defined by state law , or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors, servants and agents warrant they are not employ ees of City or hav e an y relationship with City officials , officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees . 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments , requiring re i mbursement, or terminating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification . 14. BONDS For contracts of $25 ,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal sum of 100% of the Contract Price , using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A .M. Best Company of Class A-or higher, or as otherwise acceptable to City . 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 do so , City may in its sole discretion and without prior notice , purchase bonds at Contractor 's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted . 15. UTILITIES. TRENCHING AND EXCAVATION 15 .1 Contractor must call the Underground Service Alert ("USA ") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits , City 's Service Center must be called at (408) 777-3269 . Government Code Section 4 215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract . 15 .2 Pursuant to Government Code Section 7104 , Contractor must stop work , notify City in writing , and wait for instructions if one of the conditions below is found at the worksite . City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance , Contract Time or Contract Price . (a) Material believed to be hazardous waste under Health and Safety Code Section 25117 , and which requires removal to a Class I, Class II, or Class III disposal site pursuant to law ; (b) Subsurface or latent ph y sical conditions at the Project worksite differing from those indicated by infonnation about the worksite made available to Contractor; and Public Works Project Orange Aye /September Dr Street Ljght Infrastructure !nstaUatjon Public Works Contract $45,000 !Rev. May 22, 2018 Page 6 of 11 (c) Unknown physical conditions at the Project worksite of an y unusual nature , materially different from those o r dinaril y encountered and from those generally recognized as inherent in the character of th e Work. 15.3 For contracts $25 ,000 or h igher that require excavation or involve trenches five feet or more in depth , Contractor must submit a detailed plan for City approval , per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring , bracing, sloping and other provisions for worker protection from cavin g ground and other hazards. The protective sy stem must comply with all Construction Safety Orde r s. If the plan varies from shoring system standards , it must be prepared by a re gistered civil or structural engineer. 16. URBAN RUNOF F MANAGEMENT 16.1 All Work must full y comp ly with federal , state and local laws and regulations concerning storm water management. Contractor must avoid creating ex cess dust when breaking asphalt or concrete and during e xcavation and grading . If water is used for dust control , Contractor will use only the amount of water necessary to dampen the du st. Contractor will take all steps necessary to keep wash water out of the streets, gutters and stonn drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to pre vent pollution of storm drains , and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed 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 construction. During the annual rainy season , October 15 through June 15 , storm drain inlets impacted by construction work must be filter-protected from onsit e de-watering activities and saw-cutting activities . Shovel or vacuum saw-cut slurry and remove from the Work site ; (b) Cover exposed piles of so il or constmction material with plastic sheeting . Store all construction materials in containers ; (c) Sweep and remove all ma terials from paved surfaces that drain to streets , gutters and storm drains prior to rain and at the end of each work day. When the Work is completed, wash the streets , collect and dispose of the w ash water offsite in lawful manner ; (d) After breaking old pav ement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash , litter, and debris at the end of each work day and w hen Work is completed . Clean up any leaks , drips , and other spills as they occur. 16.2 These requirements must be used in conjunction with the California Stormwater Quality Association and California Best M anagement 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 notice s, citations, Work stop orders and regulatory fines . Public Works Project Orange Aye /September Dr. Street Ljaht Infrastructure lostallatjon Public Works Contract $45,000 /Rev. May 22, 2018 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Brad Alexander as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Brent Paulson -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City 's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time . Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed . Nothing in the Section below is intended to delay, abridge or bar City's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator 's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Orange Aye /September Dr Street Ljaht Infrastructure lnstaUatjon Public Works Contract $45,000 /Rev. May 22, 2018 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City 's property, except signage which is required by law or by the Contract, without City 's prior written approval as to size, design and location . 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach . 26. WARRANTY Contractor warrants that materials and equipment used will be new, of good quality, and free from defective workmanship and materials , and that the Work will be free from material defects not intrinsic in the design or materials . All Work, materials and equipment should pass to City free of claims, liens or encumbrances . Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete (''Warranty Period"), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance . 27. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITY/PARTIAL INVALIDITY If a court finds any tenn or provision of this Contract to be illegal, invalid or unenforceable , the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations , insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Orange Ave /September Dr. Street Ljght Infrastructure lnstaUatjon Public Works Contract $45,000 !Rev . May 22, 2018 Page 9 ofll 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions . 30. CAPTIONS The captions, titles , and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts , each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices, requests , and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail , postage prepaid, registered or certified , or the next business day following electronic submission: To City of Cupertino: 10300 Torre Avenue , Cupertino CA 95014 Attention: Brad Alexander Copy to: Carl Valdez Email : brada@cupertino .org 30. VALIDITY OF CONTRACT To Contractor: BEAR Electrical Solutions Attention : Robert A suncion Copy to : Brent Paulson Email: robert@bear-electrical.com This Contract is valid and enforceable onl y if (a) it complies with the purchasing and contract prov isions of Cupertino Municipal Code Chapters 3 .22 and 3 .23 , (b) is signed by the City Manager or an authorized designee , and (c) is approved for form by the City Attorney 's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313 . Public Works Project Orange Aye./September Dr Street Ljaht Infrastructure lnstaUatjon Public Works Contract $45,000 /Rev. May 22. 2018 Page 10 of 11 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR BEAR Electrical Solutions Corporation Bw~ Title: Vice President Signature Date: _'3-+-/1>?~_,_}_\ ~'b ____ _ ATTEST: CITY OF CUPERTINO, a Municipal Corporation '~ By: ~-=---- Ti Borden Title: Director of Public Works Signature Date: __ tt_· u_(_. _t _3 _____ _ By ~s;L;.u- GRACE SCHMIDT, City Clerk q·. 2...-&· { 0 Public Works Project Orange Ave./September Dr. Street Uaht Infrastructure Installation Public Works Contract $45,000 /Rev. May 22, 2018 Page 11 of 11 EXH I BIT 11 A11 BEAR ElECTRICAl SO l UT IONS C ontracto r s Lic ense N o. 982 079 A -Ge n er a l E n g inee r in g C -10 High Vol t a ge E lec t rical L BE# CMD 12 1616 77 9/ SBE# 17 524 78 134 I A rch er S tree t, PO Box 924, A l viso, CA 95 002-0924 Te l: 408-449-5 I 78 Fax 4 08-449-5 / 4 7 PROPOSAL DATE: TO : FROM : COMPANY: PH ONE : A pril 30, 201 8 Bren t Paul son (408) 449 -5 178 (4 08) 449 -5 [47 P HONE : Brad A lex and er C ity of Cup erti no (40 8) 777 -3275 BradA @c up ertin o .org FAX: EMA IL: BID / PROJECT : Cupe rti no 10411 Orang e Av e. Cond ui t and Stre etli ght Fo und ati o n BES received a re quest for pri cing to provide ele ctri cal la bar and equipment for the following scope of work : QUOTE : -Furnish and Install Qty (1) ne w re i nforced Typ e 15 streetl ight foundation at spec ifi ed location on pl ans . -In stall N9 streetlight pull bo x adjacent to new foundation -In stall appro ximately SO feet of 1.5inch PVC conduit via di r ectional bore to PGE sub bo x . -City force s to in stall streetlight pole and conduct o rs -City to supply ty pe 15 standard anch or bolts 'i 1. Provide and in stall all labor and equipment to complete t h e electri cal scope of w ork referen ced above . 10411 Orange Ave. Condui t and Streetlight foundation: $12,900.00 EXCLUSIONS: Stre etlight Poles Lighting Fi xture s Wire An chor bol ts Bond s, Licen ses, and Permits TERMS & CONDITIONS l. 2. ACCEPTANCE \ J BES (also re ferred to as Bear Electrica l So lutions or Cbn tracto~ proposa l / co nt rac t sh all acco mp any the Cus t omer's Pur cha se Or der, Work Order o r Co ntra ct in ord er to J~lidat i,ti:he b id propos al. It 1s und erst ood that th e issua nce o f a wo rk orde r, purc hase o rder, contract , verbal direction 'o r o(her w r itten requ es t fo r de livery or co m mencement o f work by t he customer 1nd1cates the Customer's accep t ance 01 h1s proposa l / contract in who le. BILLI NG TERMS Pay m ent for services rende red 1s due in fu ll upo n rece ipt o ~~~ice . Invoices sh al l be pavable in fu ll. Ob ligation o f Cust omer to pay BES is indepe nd e nt fro m and unre lat ed to \r o bl iga ti on s owed between Customer and BE S and /or BEAR ELECTRICAL SOLU TI ON S, INC Electri ca l Co n tractors -Contractors' License No . 982079 ~ ,,~ EXHIBIT 11 A11 f,rl BEAR ElECTRICAl SOlUT IONS 134 1 A rc her Stree t, PO Box 924, A l viso, CA 95 002 -0 924 C on t ract o rs Lic e nse No. 982 07 9 A -G en era l E ng in eerin g C -10 H igh V o ltage Electr ic al LBE# C MD 121 6 16 77 9/ SBE# 17 52478 Tel: 4 08-449-5 I 78 Fax 4 08-4 49-51 4 7 / Customer and any other party . Thi ~ropos -~s based on rates in effe ct at t he date of our init ial proposa l and is subject to any increase that my come in to e ct 3 , days or more after the initial date q u oted . 3. EXTRA WORK BES w ill not perform any extra work or ifications outside of this proposal unless agreed to 1n writing by ch ange order to this proposal/cont ract or written a , pro I. I 4. ALTERAT IO~IS: BES sha ll be held harmless for f ines, cita ans , in juries and property damage that results from our e lectrical work be111g altered from its o ri ginal des ign . 5. INDEMNIFICATION: The cus t omer agrees t o fully i n demn ify n o ld ha rmless BES fr om all claims , cos t s, act io ns, damages , liabilities and expense , inc lud ing reasonable atto rn ey' ees , wh ich may be brought or made agai nst BES , which in any way arise out of, or by any reason of, t he use or m i s of BES's equipment rented hereunder, excepting only such actions , claims , costs, damages , liabilit ies and exp ses r suiting from the sole negl igen ce of BES The 111tent hereof is t h at Customer sha ll ful ly indemnify and hold h mless B to t he ma ximum extent allo ed by law . 6 . GE NERAL: Th is proposal/co ntract (the "Agreement") may be si ed in two r more counterparts , each of which sha ll be deemed an original, but al l of whic h together shall constitute one nd the ame instrument . If any provision of this Agreeme n t shall be adju dged by any court of competent jurisdiction to e un nforceable o r invalid , that prov ision shall be limited or elim inated to the minimum extent necessary so that th1 reem ent shall o t herw ise remain in full force and effect and enforceable. The fai lur e of either party to act in the eve of a breach of th is Agreement by the other shall not be deemed a wa ive r of such breach or a wa iv er of future re ches , unless such waiver shall be in writ ing and signed by the party against whom enforce ment is so ught . This Agr me t const itutes the enti r e agreement an d understand ing of the partie s with respect to the subject matte r of this A eeme . Any amendment or modification of this Agreement sha ll be in writ ing and execu ted by a duly authorized r resenta tiv e of the parties . BES wou ld like to thank you for the opportunity to provide you with t h is p roposal. Please g ive us a ca ll with any quest ions or concerns. Q UOTE PREPARE D BY: BEAR ELECTRICAL SOLUTIONS, INC Br ent Pa u Iso n Offi ce : (408 ) 449-517 8 Bren t @bea r-e lec t r ica I .corn B EAR ELE CT RI CAL SOLUTION S, I NC El ec tri cal Contra ctor s -Contrac to r s' Li ce n se No . 982 0 79 APPR OVED SIGNATUR ?...- Br,0J fJ/e x-s,,Je./ 07·-2 4--;.f PRINTED NA ME and DATE 7/2712017 G o :gl e Maps 10411 Orange Ave Cupertino, California Street View -May 2016 1' ., ru ,.,-. •.:J, 10411 Orange Ave -Google Maps Approxim a te r~-~A 11oca tion of streetlight EXH I BIT 11 A11 Im age capture: May 2016 © 20 17 Google United States https://www.google.com/maps/@37 .3 169541 ,-122.055546 ,3a,60y,259.4h ,80 .01 l/data =!3m7! 1 e1 !3m5!1 shHb7qPZouOE080WOPY JJjQ!2e0!6s%2F %2FgeoO .ggpht.com%2Fcbk%3 Fpanoid%3 DhHb 7qPZo ... 112 EXHIBIT 11 A11 BEAR ElECTRICAl SOlUTIONS Contractors License No. 982079 A -General Engineering C-10 High Voltage Electrical LBE# CMD121616779/ SBE# 1752478 1341 A rcher Street, PO Box 924, Alviso, CA 95002-0924 Tel: 408 -449-5178 Fax 408-449-5/4 7 DATE : FROM: April 30, 2018 Brent Pau lso n PROPOSAL TO: COMPANY: PHON E: ( 408) 449-51 78 ( 408) 449-5 l 4 7 PHON E: Brad Alexander C it y of Cupertin o (408) 777-3275 BradA@ cupertino.org FAX: EMA JL: BCD/ PROJECT: Cupertino 80 l September Drive Streetlight Infrastructure Installation BES received a request for pricing to provide electrical labor and equipment for the following scope of work: QUOTE: -Furnish and In stal l Qty (1) new reinforced Type 15 streetlight foundation at location shown on plans . -In sta ll new 1.5 inch PVC conduit to existing adjacent street light pull bo x -City forces to install streetlight pole and conductors -C ity to supply type 15 standard anchor bolts 1. Provid e and install all labor and equipment to complete the electrical scope of work referenced above. EXCLUSIONS : Streetlight Poles Lighting Fi xtures Wire Anchor bolts 801 September Drive Streetlight Infrastructure Installation: Bonds, Licenses , and Permits TERMS & CONDITIONS 1. ACCEPT A~ICE $5,600.00 BES (also re f erred to as Bear Electrical So l utio n s or Co ntracto r) proposa l / contract shall accompany the Customer's Purchase Order, Work Order or Contract in order to va lidate th e bid proposa l. It 1s understood that th e issuance of a work o rder, purchase orde r , cont ract , ve rbal direction or oth er written requ es t for de livery or co mmencement of wo rk by the customer 1nd1cates t h e Cus tom er's acceptance of this prop os al / co ntra ct in whole . 2. BILLING TERMS Paymen t fo r services rendered is due i n full upon receipt of invoice . Invoices shall be payable in ful l. Obligat io n o f Cu stomer to pay BES is i ndependent from and unrelated to oth er ob ligat ions owed between Custome r and BES and /or Customer and any other party . This p roposal is based on rates 1n effect at the date of our initia l proposal and is sub1ect to any increase that my come i nto effect 30 days or more a her the 1n1t1al dat e quoted . BEAR ELECTRICAL SOLUTIONS, INC Electrical Contractors -Contractors' License No . 982079 ~~'~ . ~--,, ..... EXH I BIT 11 A11 BEAR ElECTRICAl SOlUTIONS C ont r acto rs Li ce nse No . 9 82 0 79 A -Gen era l E n g in eeri ng C -10 High V ol tage E lec tri ca l LBE# CMD1216 1677 9/ SBE # 17 5247 8 13 4 1 A rch er Stree t, PO Box 9 24, Alviso , CA 95 002-0924 Te l: 408-449-5178 F ax 408-449-51 4 7 3. EXTRA WORK 4. 5. 6 . BES will not perform any extra wo rk or modi ications outside of this p posal un less agreed to in writing by change order to this proposal/contract or written approva l. ALTER ATIONS: BES sha ll be held ha rm less for fines , c1tat1ons, 1nJ ines and proiert damage that resu lts from ou r electrical work being altered from its original design . INDEfVIN IFICATION . The cus tomer agrees to full y indemnify and hold har less BES from all claims , costs , actions , dam ages , liabrl1t1es and expense , 1nclud1ng rea so nable attorney's fees, which ay be rought o r made against BES , wh ich 1n any way arise out of, or by any reason of, the use or misuse of BE S's equ1 enf rented hereunder, excep ting on ly such actions , claims , costs , damages , liabi lit ies and expenses r esu lting from th sp le negligence of BES The in te nt hereof is that Customer sha l l fu lly indemn ify and hold harm less BES to the maxim extent al lowe d by la w . GENERAL: This proposa l/co nt ract (t he "Agreement") may be signed, 1n t or more counterparts , each of which sha ll be deem ed an original, but all of wh ich together sha ll const it ute one add the s me in strument. If any provision of this Agreement shal l be ad j udged by any court of competent ju risdict ion to J e unenfo ceable or in valid , that provis io n shall be limited or eli m inated to the min imum extent necessary so tha t tliis A.greem t sha ll otherw ise remain in fu ll for ce and effect and enforceable . The fai lure of either party to act 1n the f ent of a bre ~of this Agreement by the other shall not be deemed a waiver o f such b reach or a waiver of furu;e breaches , uni ss such waiver sha ll be in writing and signed by the pa rty against whom enforcement is sough t. This~reement co nstitu es the entire agreement and understanding of the parties w ith respect to the sub j ect matte r of th is greement . Any am .ndment or mod ificat ion of this Agree ment shal l be in w r iting and executed by a duly au t horized epresentat1ve of the parties . BES would like to thank you for the o pp ortuni ty to p rovide you with th is proposal. Please give us a call w ith any questions o r concerns . QUO TE PRE PARE D BY: BEAR ELECTRICAL SOLUTIONS, INC Br e nt Paul so n Offi ce : (408 ) 44 9-517 8 Bren t@bear-e lectrica I .com BEAR EL EC T RI CA L SOLUTIO NS, INC El ec t r ica l Contracto r s -Contractor s' Licen se No. 982079 APPR OVED SIG NA TURE Br,;;J /JJcx,e;,-,drc:c g ~2t.f -Jf PRIN TED NAM E a n d DATE iJ - ¢ ' f)' I I <( r--Ci) -I X LU ,. 1 ',. ~ l si i a - ~ ' 'D cc: C !!1 (lJ u u ~ X @; I... 0 I... I a; ~ ..a E (!) (lJ ...., i a. 1' a; ~ V1 rl fl -J, 0 00 PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and ma inta in for the duration of the contract, and for five years fol/0vving the comp le ti on o/ th e Project, in surance against claim s for injuri es to persons or damage s to property wl1ich may arise from or in connection witb the performance of the work hereunder b y Co ntractor, it s agents, representatives , emp loyees or subcontractors . MINIMU1VI SCOPE AND LII.VlIT OF INSURANCE Coverage shall be at lea s t as broad as: Commercial General Liability (CGL): Insurance Serv ice s Office (ISO) Fom1 CG 00 0 I covering CGL on an "occunence" basis, written on a comprehensive genera l liabili ty form, and mus/ include coverage for li abili ty arising .fi"om Contractor's or Subcontractor's acts or omissions, including Contractor's protected cove rage, blanket contractual, products and completed operations, vehicle coverage and employer's non -own ership liabili ty coverage, with limits of at least $2,000,000 per occurre nce. The CGL policy mus / protect against any and all .\.J iab ility.for personal injwy, death. property damage or destruction, and personal and advertising injury . rf a general \Y"aggregate limit app lies, either the genera l aggregate !unit sha ll ap ply separately to this project/location (ISO CG 25 03 or 25 04) or tbe genera l aggregate limit shall be twice the requu·ed occuITence limit. a. It sha ll be a requirement under this agreement that any availab le insurance proceed s broader tha n or in excess of the specified minimum insurance coverage requirements and/or limits sha ll be made available to the Ad diti ona l Lnsured and sha ll be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additiona l Lnsured coverage under Contractor's policy shall be "primary and non-contributory," wi ll not seek contribution from City's insurance/self-ins u rance, and sha ll be at least as broad as ISO CG 20 01 04 13 c. The limit s of msurance required may be satisfied by a combination of primary and umbrella or excess insurance , provided each policy comp li es with the requirements set forth in this Contract. An y umbrella or excess insurance shall contain or be endorsed to contain a pro visi on that such coverage shall a lso app ly on a primary and non-contributory ba s is for the benefit of City before th e City's own in surance or self-insurance shall be ca ll ed upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1 ), or i f Contractor has no ow ned autos, then .,/ hired auto s (Code 8) and non-ow ned autos (Cod e 9), with lunit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Emp l oyer's Liability Insurance of no less than $1,000,000 per accident for bodil y injury or disease , or as otherwise "\J\. required by statute. [f Contractor is self-insured, Contractor must pro v ide a Certificate of Permission to Self-Insure, r , duly authotized by the DIR. D N/ A if box checked ( Co ntra ctor provides ·written verification it has no employees). 4 . Professional Liability with limits no less than $1,000,000 per occurrence or cla im , and $2,000,000 aggregate. J8f N I A if box checked (Contract is not design /build). 5. Builder's Risk. Course of Constrnction insurance utilizing an "All Risk " (Spec ia l Petils ) coverage fom1 , w ith limits equal to the completed va lu e of the project and no coinsurance penalty provisions . ~ N I A if box checked (Project does not involve construction or improvements/installaiions to property). lnsurn11c e Require111 e11tsfor Co11structio11 Contracts -$45 ,000 Version: Nov 2017 v 6. C ontractors' Pollution Legal Liability and /or Asbes tos Legal Lia bilit y and /or En-ors and Omiss io ns w ith limits no l,ess than $1,000,000 pe r occurrence or claim , an d $2,000 ,000 polic y aggregate. )81_ N I A if bo x c he cked (Projec l does n ot invo l ve environmental ha za rds). If Co nt ractor mainta in s broad e r coverage and /or hi gher li mit s than th e minim um s show n above , C ity requir es and sha ll be entit led to th e broad er covera ge and/o r hi ghe r li mits ma int ained by th e co ntra ctor. Any ava il able in sura nce proc ee ds in excess of th e spec ifi ed mini mum limi ts of in suran ce and cove rage shall be ava il a bl e to the City . Self-Insured Retentions. Self-insured rete nt ion s mu st be declared to and approved by City. At C it y's opt ion , e ither: (I) Co ntractor sha LI cause the in s ur e r to reduce or elimin a te se lf-in sured retention s as res pec ts C it y, it s officers, officials , employees , and vo lu nteers ; or (2 ) Contractor shall pro vi de a financial guara nt ee satisfactory to C it y guaranteeing pa yme nt of losses and related in ves tigati o ns, claim administration , and de fen se expe nses . The po lic y lang ua ge shall pro vid e, or be end orsed to provid e, that the se lf-in sur ed retentio n may be sa tisfied by eith er the named in sur ed or the City. OTHER INSURANCE PROVI S IONS The i_nsurance policie s are to co nt a in, or be endorsed to contain, the fo ll owing pro visio ns: Additional Insured S tatu s Th e Cit y ofCupertmo , its Cit y Council , office rs, officia ls, emp loyees, agents , servants and volunteers are to be cover ed as additiona l in sur eds on the CGL policy with re spec t to liabilit y aris in g out of the Services p erfo rmed by or on behalf of Contractor in c lud ing mat e rial s, pa r ts, or equipm e nt furnished. En dorseme nt of CGL coverage sha ll be at least as bro ad as ISO Forn1 CG 20 IO 11 8 5 or if not available , tluough the ad dition of both CG 20 I 0, CG 20 26 , CG 20 33 , or CG 20 38; and CG 20 37 if a lat er edition is used . Prima1y Coverage For any c laim s re lat ed to thi s Project , Contra ctor's insur a nc e coverage shall be "primary and non-contributory" an d at least a s broad as ISO CG 20 0 I 04 l 3 w ith respect to City, it s offi cers , officials , employees and vo lunt ee rs, and sha ll not seek contr ibut ion from City's in s uran ce . If the lim its of in s urance are satisfied in pa1i by Umbrella/Excess Insurance, the Umbrell a/Excess Insurance s hall cont ain o r be endorsed to contain a pro v ision th at such co ve ra ge shall also apply on a "primary and non-contribut ory'' ba sis for the b ene fit of C it y. Notice of Ca11cellatio11 Eac h insurance polic y req uir ed shall provide that co ve rage sha ll not be canceled, except witb notice to the City. Each cert ifi cate of in smance must state that the coverage afford ed by th e policy is in force and will not be reduced , ca nce ll ed or all owed to ex pire without at leas t 30 da ys advance written notic e to City, unl ess clu e to non-payment of premium s, in which case ten da ys adva nc e writt en not ice must be pro vided to Cit y. Such notice mu st be sen t to C ity via ce rtified mail and addressed to th e att enti on of the City Manager. Builder's Risk Co nt ractor may su bmit Build er's Ri sk in surance in the fonn of Course of Co nstruction coverage , whic h sha ll name the City as a loss payee , as it s intere st may appear . The Builder 's Ri sk policy must be iss ued on an occ un-ence ba s is , fo r all -risk coverage on a 100 % comp leted va lu e ba sis on the i.n surable portion of the Proj ect , with no comsuranc e penalties, and for the benefit of City . If th e Proj ec t does not in vol ve new or maj or reco nst ruction , Ci ty may e lect, acti_ng in its sole di sc reti on, to ac cept an Installation Floater policy instead of Builder 's Ri sk. For such proj ec ts, the Propert y Installation Floater sh all includ e impro ve ment, remod el, mod ific at ion, alterat ion, con ve rsion or adjustment to existi_ng buildings , stru ctures, processes, rn ac hine1 y and equ ip ment, and shall pro vide property da mage co vera ge for any building, structure, machi11e1y or e quipm ent dama ge d, impaired , broken , o r de stroyed during the performance of the Wo rk , including duri ng tran s it , in sta llation , and te stin g at the City's site . !11Surnn ce Require/Jl e11 ts for Co11 s tmctio11 Contra cts -$45 ,000 Versio n: Nov 201 7 2 Waiver of Subrogation Each req uired policy mu s t includ e an e ndorsement providing that the canier agrees to wa ive any right of subrogation V it ma y have against City. Contractor agrees to waive rights of subrogation which any in surer of Co n trac tor may acquire (}. -lY { from Contractor by virtue of th e payment of any lo ss. Contractor agrees to obta in any endorsement that ma y be \l~ necessa ry to affect thi s waiver of subrogation. The Workers' Compensation policy sh all be endorsed with a waiver of \ \ subrogation in favor of the City for all work performed by the Co ntractor, it s employees, agents and subcontractors. ~ Acceptability of Insurers Insurance mu st be iss u ed by in surers acceptab le to City and li censed to do business in the State of California, and each in sur er mu s t have a n A.M. Best 's financ ial strength rating of"A" or better and a financia l s ize rating of"VII" or bet ter. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage requi.red by this contract. All certifi ca tes and endorsements are to be recei ve d and approved by the City before work commences. The C it y reserv es the right to require complete, ce11ifiecl copies of all required in s uranc e policies, including endorsements, requi.recl by these specifications , at any time. Subcontractors Contractor shall require and ve1ify th.at all subcontracto rs maintain insurance meet ing all the requirements stated herein, and Contractor shall ensure th at City is an addit iona l insured on insurance required from subcontractors. Fo r CGL coverage subcontractors shall provide co verage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and desc1ibecl in the Contract Documents. The Payment and Perfonnance Bonds shall be in a s um equa l to the Contract Price . If the Perfonnance Bond pro vides for a o ne-year warranty a separate Maintenance Bond is not necessary. If the wa tT anty period specified in the Contract is for longer than one year a Maintenance Bond equa l to 10 % of the Contract Price is required. Bonds shall be duly executed by a respo nsible corporate surety, autho 1i zed to issue such bonds in the State of Ca li fornia and secured tlu·ou gh an au thorized agent w ith an office in California. Special Risks or Circumsta nces City reserves the right to modify these requirements, ba sed on th e nature of the ri s k , prior experience, insurer, coverage, o r other circumstances. In sura nce Require111enls for Co 11 strnclio11 Contracts -$45,000 Version: Nov 2017 3 ACOR D ® CERTIFICATE OF LI AB ILITY IN S URANCE I DATE (MM/DDIYYYY) ~ 09/07/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIR MATIVELY .OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSU RA NCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TH E CERTIFI CATE HOLDER. IMPORTANT: If the certificate holder is an ADDI T IO NAL IN SU R ED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and condition s of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0056172 1-888-845-2248 CONTACT NAME: Mc sherry & Hudson PHONE 408-550-2130 I FAX 14 /C No Extl: (A/C Nol: 408-550-2119 160 West Santa Clara Street E-MAIL ADDRESS : Suite 715 San Jose, CA 95113 INSURER(Sl AFFORDING COVERAGE NAIC # INSURER A : UNDERWRITERS AT LLOYDS LONDON 15792 INSURED INSURER B : WEST AMERICAN INS CO 44393 Bear Electrical Solutions, Inc. INSURE R C: NAVIGAT ORS SPECIALTY INS CO 36056 1341 Archer Street INSURER D: THE OHIO CASUALTY INS CO. 24074 Aiviso, CA 95002 INSU RER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 53897134 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN SURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITH STANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI S CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREI N IS SUBJECT TO ALL THE TE RMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR .~g~Jg~ 1~gM%~i LTR TYPE O F INS URANCE "OOD ~n,n POLICY NUMBER LIMITS A GENERAL LIABILITY X X CAS-0000329-0lV' 04/01/18 04/01/19' 'EACH OCCURRENCE $1,000,000 v -DAMAGE TO RENTED X COMMERC IAL GEN ERA L LI ABILITY PREM ISES /Ea occurrence\ $100,000 -:=J CLAIMS-MADE 0 OCCUR -MED EXP (Any one person) $5,000 >--PERSONAL & ADV INJURY s 1,000,000 X Per Project Aggregate GENERAL AGGREGATE $2,000,00 0 V >-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2,000,00 0 , I\ n POLICY iXl ~f& n LOC / $ B AUTOMOBILE LIABILITY X X BAli57113287 r/ 04/01/H 04/01/19 COMB INED SINGLE LIMIT $1,000,000 v' /Ea accidentl -X ANY AUTO BOD ILY INJURY (Per person) $ --ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ >-->-- NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS /Per accident\ $ >-->-- i,s--~' / C UMBRELLA LIAB M OCCUR LA18EXC900785IC 04/01/H 04/01/19' 'EACH OCCURRENCE ( $5,000,000 A >-- X EXCESS LIAB CLAIMS-MADE AGGREGATE \ $5,000,00 0 J OED I I RETENTION $ ~ / WORKERS COMPENSATION I TVX~JT~J,¥;,; I JOJ,ti - AN D EMPLOYERS" LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCID ENT $ OFF ICER/MEMBER EXCLU DED? Y N/A (Mand atory in NH) E.L. DISEASE· EA EMPLOYEE $ If yes, describe under DESCR IPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ D Rented/Leased Equipment BMO:, /ll.3,o , 04/01/l.l 04/01/191 µ.imit .l!), ,vvv D Scheduled Equipment BM057113287 04/01/11 04/01/19 Limit 357,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101 , Additional Remarks Schedule, if more space Is required) RE: All Agreements The City of Cupertino is to be covered as additional insured. Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. WILL BE DELIVERED IN 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino, CA 95014 ~ I USA © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) wendyl5178 The ACORD name and logo are registered marks of ACORD 53897134 J CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/7/2018 THIS CERTIFICATE IS ISSUED AS A MA TIER 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 SUBROGRATION 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 Willis Towers Watson 12980 Metcalf Ave Suite 500 Overland Park KS 66213 CONTACT NAME: San Jose •s ,--,,-...,., • -.,. ,_.... -, -,-.,_,......,,_=,...,.,.....,..• PHONE (NC, No Ext): (408) 321-9901 FAX (NC , NO): (360) 828-0699 ·--····~-··=-· ···-"""•" -····--· ........... --.~~.,, ---·--~,--....... ~ ~ ~ &• EMAIL ADDRESS: Jerry.Sparks@bbsihq.com -~~-...... ··-~ .... __. .. ~----~"''="--"'·--~--.. -·=-,.-· INSURER($) AFFORDING COVERAGE INSURER A: ACE American Insurance Company NAIC# 22667 1------------------------f~--~------------·- INSURED Barrett Business Services, Inc. UC/F BEAR ELECTRICAL SOLUTIONS, INC. 1341 ARCHER STREET SAN JOSE, CA 95131 COVERAGES CERTIFICATE NUMBER: INSURERS: INSURERC: -~·---· INSURER D: INSURER E : INSURER F: 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, TER M OR CONDITION OF ANY CONTRAC T OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUES OR MAY PERTA IN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND ITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) . GENERAL LIABILITY EACH OCCURRENCE $ i-- COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea $ _, __ _J CLA IMS -MADE D OCCUR occurence) ,_ MED EXP (An y one perso n) $ PER SONA L & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM IT APPLIES PER : n POLICY n ~~~J-n LOG PRODU CTS -COM P/OP AGG $ $ AUTOMOBILE LIABILITY COMB INED SINGLE LIMIT $ ,._ (Ea accident) ANY AUTO -BOD ILY INJURY (Per person) $ ALL OWNED AUTOS El SCHEDULED AUTOS -BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS --PROPERTY DAMAGE $ -$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ -EXCESS LIAB OCCUR AGGREGATE $ -OED I RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' C6517692 of 02/01/18 02/01/2019 11 .,/ I WC STA TU-I IOTH-LIABILITY YIN TORY LI MI TS ER ANY PROPRIETOR/PARTNER/ EXECUTIVE ~ N/A E.l. EACH ACCIDENT $2,000,000 t..,.-"" OFFICER/MEMBER EXCLUD ED ? Covered states: E.l. DISEASE -EA EMPLOYEE $2,000,000 (Mandatory in NH) If yes, desclib e under CA DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $2 ,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VE HICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Cupertino EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Ave AUTHORIZED REPRESENTATIVE Cupertino Ca 95014 Authorized ~ /lt>t&i_ Rep c) 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (20 10 /05) The ACORD name and logo are registered marks of ACORD. I ( AGENC Y CUSTOMER ID:------------- LOG: #: ____________ _ ~ ACORD® ~ ADDITIONAL REMARKS SCHEDULE Page _2_ of _2 _ AGENCY NAMED INSURED: Barrett Business Services, Inc . L/C /F Lockton Affinity BEAR ELECTRICAL SOLUTIONS, INC. ~R 1341 ARCHER STREET SAN JOSE, CA 95131 C65176920 CARRIER NAIC CODE ACE American Insurance Company 22667 EFFECTIVE DATE: 02/01 /18 ADDITIONAL R EMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO A C ORD FO RM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (01/14) CERTIFICATE HOLDER: City of Cupertino ADDRESS: 10300 Torre Ave Cupertino Ca 95014 All California Operations ACORD 101 (2008/01) c) 1988-201 0 ACORD CORPORATION. All rights reserved. The ACOR D name and logo are registe red marks o f ACORD. POLICYNUM~ COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization that is an owner of real All locations except locations where "your work" is property or personal property for whom you work or was related to a job or project involving single- or have worked, or a contractor on whose behalf family dwellings, multi-family dwellings (other tha n you work or have worked, but only if coverage as rental) an additional insured extending to "bodily injury" or "property damage" included in the "products- completed operations hazard" is required by a written con tr act or written agreement that is an "insured contract" and provided that the "bodily injury" or "property damage" first occurs subsequent to the execution of the contract or agreement. Information required to complete this Schedule, if not shown above, wi ll be shown in the Declarations. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law ; and 2. If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Requ ired by the contract or agreement; or 2. Avai l able under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: CAS-0000 329 -01 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies in surance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART A . Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you are perfo rming operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only wi t h respect to li ab ility 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 ongo i ng operations for the additional insured . However, the in surance afforded to such additional insured : 1. Only applies to the extent perm itted by law; and 2. Will not be broader than that wh ic h you are required by the contract or agreement to provide for such additional insured. A person's or organization's st atus as an addi t ional insured under this endo rs ement ends when your operations for that additional insured are completed . B. With respect to the in surance afforded to these additional insureds, the following additiona l exclusions apply: This insurance does not apply to : 1. "Bod ily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional arch itectural, engineering or surveying serv ic es, including: a. The preparing, approving , or failing to prepare or approve , maps, shop drawings, opinions, reports, surveys, f ield orders, change orders or drawings and specifications; or b. Superviso ry, inspection, architectural or engineering activities. This ex clusion applies even if the claims against any in sured allege negligence or othe r wrongdoing in the supervision, h iring, employment, tra i ning or monitoring of othe rs by that insured, if the "occurre nce" which caused the "bodily injury" or "prope rty damage", or the offe nse which caused the "personal and advertising injury", in volved the rendering of or the failure to render any pro fes sional architectural, engineering or surveying services. CG 20 33 0413 © Insurance Services Office, In c., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project ( other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 33 0413 POLICY NUMBER · AS-0000329-01 COMMERCIAL GENERAL LIABILITY CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies in surance provided under the following: COMMERCIAL GENERAL LIABILI T Y COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Pr imary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writ ing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance ; and CG 20 010413 © Insurance Services Office , Inc ., 2012 Page 1 of 1 PO LICY N UMB ER: CAS-000 0329-01 COM MERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRAN SFER OF RIGHTS OF RECOVERY AGAIN ST OTH ERS T O US Thi s end orse men t modi fie s insura nc e provided und e r the follo wing : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE P ART SCHEDULE Name Of Person Or Organization: Any person or organ ization for wh om you are perfo rm in g operations when you and such person or organization have agreed in writing in a con tract or a g reement prior to the date of loss . Info rmation required to complete this Schedule, if not shown above , wi ll be shown in t he Declarations . The following is added to Parag r aph 8. Tran sfer Of Rights Of Recovery Against Oth er s To Us of Se ction IV -Conditions : We waive any right of recovery we may have against the person or organization shown i n the Schedule above because of payments we make for injury or damage a rising ou t of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only t o the person or organization shown in th e Schedule above . CG 24 04 05 09 © Insuran ce S ervices Offi ce , In c., 2008 Page 1 of 1 D 0 Policy Num er: BAW57 113 287 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insu rance provided under the following : BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMEN T OR PERMIT 3 ACCIDENTAL AIRBAG DEP LOYMEN T 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT , CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSU REDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAG E (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONALEFFECTSCOVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II • LIABILITY COVERAGE is amend ed as follows: 1. BROAD FORM INSURED SECTION II -LIABILITY COVERAGE , paragrap h A.1. • WHO IS AN INSURED is amended to incl ude the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock du ring the policy period. Howeve r, "insured" does not include any organization that (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy ; or (3) Has ex hausted it s Limit of Insurance under any other automobile policy. Paragraph d . (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or fo rm, other than a partnership or joint venture , of which you own more than 50 perce nt of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; © 2013 Lib erty Mutual In surance CA 88 10 0113 Includes copyrighted rnate;ia l of In surance Services Office, In c., w ith it s permission . Page 1 of 7 0 Po li cy Number: BAW57113287 2. **** 3. (2) If the Limits of Insu r ance of any other insurance policy have been exhausted ; or (3) To "b od ily inj ury" or "property damage" that occurred before you acquired or formed th e organization. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, pa ragraph A .1. -WHO IS AN INSURED is amended to includ e the following as an insured : f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow , but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours wh il e opera ti ng an "auto" hired or borrowed und er a written contract or agreement in that "employee's" name, with your permission, whi le performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by t his endorsement is e xcess over any other ins urance available to the "employe e". ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A .1 . -WHO IS AN INSURED is amended to includ e the following as an insured: h. Any person or organi zation with respect to the operation, maintenance or use of a covered "auto", provided t hat you and such person or organization have agreed in a written contract, agreement , or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". Howe ver, such person or organization is an "insured": (1) Only with re spect to the operation , maintenance or use of a covered "a uto"; (2) Only for "bodily injury" or "property damag e" caused by an "ac cid ent" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMEN TS SECTION II -LIABILITY COVERAGE , Coverage Extensions, 2.a. Supplementary Payment s, para- graphs (2) and (4 ) are rep lac ed by th e fo llowing: (2) Up to $3,000 for cost of bai l bonds (including bonds for related traffic 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, inc ludin g actual loss of earn - ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where , by law , fellow employees are not entitled to the protection afford ed to the employer by the worke r s compensat ion exclusivity rule, or similar protection, the fo ll owing provision is added : SECTION II -LIABILITY, exclusio n B.5. FELLOW EMPLOYEE does not app ly if the "bodily injury" results from the use of a covered "auto" you own or hire . SECTION 111 -PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4 . Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following : If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Los s or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage cove ra ges provided are extended to "autos": a. You hire, rent or borrow ; or © 2013 Liberty Mutual Insurance CA88100113 In cludes copyrighted material of In surance Services Office, Inc., w ith its permission. Page 2 of 7 0 Policy Number: BAW57113287 b. Your "employee" hires or rents under a written contract or agreement in that "employee 's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business , subject to the following limit and dedu ctible : A. The most we will pay fo r "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of re pairing or replac ing the damaged or stolen property with other property of li ke kind and quality , minus a deductible. B. The deductible wi ll be equal to the largest deductib le applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and ex cess provisions described in this provision, we w ill provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a ma xi mum of $1,000 per "accident", we w ill also cover the actua l los s of use of the hi red "auto" if it results from an "accident", you are legally liabl e and the lessor in curs an actual financial loss . E. This coverage extens ion does not apply to: (1) Any "auto" that is hired, ren ted or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following : "Total los s" mean s a "loss" in which the cost of repairs plus the salvage value exce eds the actual cash value . 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following : We will pay towing and labor costs incurred, up to the limits shown below , each time a covered "auto" classified and rated as a private passenger type , "light truck" or "medium truck" is dis- abled : a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $5 0 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c . For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are tr ucks that have a gross vehicle we i ght (GVW) of 10,001 -20,000 pounds. However, the la bor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A .4.a., Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE , is amend- ed to provide a limit of $50 per day and a ma ximum limit of $1,500 © 2013 Lib erty Mutual In surance CA 88 10 01 13 Includ es copy righted material of Insurance Service s Office, Inc., with its permiss ion. Page 3 of 7 0 Policy Numbe r: BAW57113287 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Co llision Coverages. We will pay only for those expenses incurred after the f irst 24 hours following the "accident" or "loss" to the covered "auto ." b. 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 w ill only be allowed for the period of t ime it should take to repair or replace the vehicle with reasonable speed and similar qua lity , up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and rep lace your tools and equipment from the covered "auto". d. This coverage does not apply un le ss you have a bus in ess necessity that other "au tos" avail- able for your use and operation cannot fi ll. e. If "loss" results from the tota l theft of a covered "auto" of the private passenger type , we wil l pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible app lies to this coverage . For the purposes of t hi s endorsement provis ion, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE· BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "a uto" to you. The maximum amount we will pay is $1,000 . 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE , A. COVERAGE , is amended by adding the following: If you have purchased Comprehens ive Coverage on th is policy for an "auto" you own and that "auto" is sto len, we w il l pay, without application of a deductib le, up to $600 for "persona l effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance . B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured ." "Personal effects" does not include tools, equipment, jewelry, money or secur ities . 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B . EXCLUSIONS is amended by add ing the follow- ing : If you have purchased Comprehens ive or Collis ion Coverage under this policy, th e exclusion for "lo ss" re lating to mechanica l breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible app li cab le to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAG E, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is de leted and replaced with the fo llowing: © 2013 Li berty Mutua l Insurance CA 88 10 01 13 Includes copyrighted mate ri al of Insurance Services Office, Inc ., with its perm iss ion. Page 4 of 7 0 Policy Number: BAW57113287 Exclusion 4.c. and 4.d. do not apply to: a. 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" electri cal system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "lo ss" occurs solel y to audio, visua l or data electronic equipment or accessories used with this equipment , then our obligation to pay for, repair , return or r eplace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C ., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the follow ing: The most we will pa y for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the : 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss " less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss", b. Financial pena lties imposed under a lease due to high mileage , excessive use or ab- normal wear and tear, c. Costs for extended warranties , Credit Life Insurance , Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfe r or rollover balances from previous loans or leases, e. Fina l payment due under a "Balloon Loan", f. The dollar amount of any unrepa ired damage which occurred pr ior to the "total loss" of a covered "auto", g. Security depos its not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actua l cash v alue of the damage or stolen property as of the time of the "l oss". An ad j ustment for depre cia tion and physical condit ion wi ll be made in determin in g the actua l cash value at the time of th e "loss". This adjustment is not applicable in Te xas. B. ADDITIONAL CONDI T IONS This coverage applies only to the original loan for which the covered "auto" that incurred the lo ss serves as collate r al , or lease written on the covered "auto" that incurred the loss. C. SECTION V -DEFINTIONS is changed by adding the following: As used in th is endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plu s the sa lvage value exceeds t he actual cash va lue. A "balloon loan" is one with periodic payments that are insufficient to repay th e ba lance over the term of the loan, t hereby requiring a large fina l payment. © 20 13 Liberty Mutua l Insurance CA 88 10 01 13 Includes copyrighted material of Insurance Serv ices Office, Inc ., w ith its permiss ion. Page 5 of 7 0 Pol icy Nu mber: BAW57113287 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Il l -PH YSICA L DAMAGE COVE RA GE is am e nded by th e addition of th e followin g: No deductibl e ap pli es to glass damage if the glas s is re paired rath er th a n repl aced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE ) Parag raph D. Deductible of SEC T ION Ill -PHYSICA L DAMAGE COVERAGE is amend ed by th e addition of th e fo llo wing : The dedu ctibl e does not ap ply t o "loss " caused by colli s ion to such covered "auto " of th e priva te passenge r typ e or ligh t we ight t r uc k with a gros s vehi c le weight of 10,000 lbs. or less a s define d by the manufacturer as maximum loa ded we ight the "auto " is des igned to ca r ry whil e it is: a. In the char ge of an "i nsure d"; b. Legal ly pa rke d; and c. Unoccupied . The "loss" mus t be rep o rt e d t o t he police authoriti es within 24 hours of known dam age . The total amount of the damage to the covered "auto" must exce ed the deductible shown in th e Declarations . This provision does not ap pl y to an y "los s" if the cov e red "auto" is in the charge of any person o r organization engaged i n th e a utomobile business. 17 . TWO OR MORE DEDUCTIBLES Under SECTION Ill PH Y SICA L DAMAGE COVERAGE, if two or more company polici e s o r coverag e fo r ms apply to t he sam e acc id en t , t he foll ow ing appl ie s to paragraph D . Dedu ctibl e: a. If the applicable Bus in ess Au to de ductib le is th e small er (or smallest) dedu ctible it will b e waived ; or b. If the app licable B usin es s Auto deductible is not t he smaller (or smallest) deductible it wi ll be reduced by the amoun t of the smaller (o r smalle st) deductible; or c. If the lo ss involves two or more Business Auto coverage forms or policies the small er (or sma llest) d eductible w ill be wa ived . For th e purpos e of this en d orsem e nt company me a ns an y company that is pa rt of th e Lib ert y Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows : 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUS INESS AU T O CO N DI T IONS, Para g raph B .2 . is amended by adding the following : If you unintentionally fa il to discl o se any hazard s , ex posures or material facts exi st in g as of th e in cept ion date or renewal date of t h e Business Au t o Coverag e Form, the coverag e afforded by th is policy will not be prejudiced . However, you mu st re po rt t he un disclosed hazard of exposure as soon as practicab le after its d iscovery, and we have the right to co llect add it ional p remium for any such hazard or ex posure . 19 . AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM , SUIT, OR LOSS S E CTION IV -BUSIN ESS AUTO CONDI T IONS , parag raph A .2.a . is rep lac ed in it s e nti rety by th e follow in g: a. In the event of "acciden t ", cla im, "sui t " or "loss", you must prompt ly notify us when it is known to : 1. You , if you are an individu al ; 2. A partner, if you a re a partnership ; 3. Member, if you ar e a li m ited li ability company; 4. An executive officer or th e "emp loyee" designated by the Named Insured to give such not ice, if you are a corporation . 2 013 Liberty Mutual In surance CA 8 81 0 01 13 Incl u des cop yrigh ted materi al of In s uran ce Servi ces Offi ce, In c., with its perm ission . Page 6 of i 0 Policy Number: BAW57113287 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any inju red persons and witnesses. **** 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amen ded by the addition of the following: If the person or organization has waived those rights before an "accident" or "l oss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B.7., Pol icy Period, Coverage Territory, is amended by the addition of the fo ll owin g: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "su it", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. Th is extension of coverage does not app ly to an "auto" hired, leased , rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical inju ry, sickness or disease sustai ned by a person, including mental anguish, menta l injury, shock, frig ht or death resulti ng from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellat ion at least 60 days before the effective date of cancellation. This provision does not apply in those states wh ich require more than 60 days prior notice of cance ll a- tion. © 2013 Li berty Mutual In sura nce CA88100113 Includes copyrighted material of Insurance Services Office, In c., with its permission . Page 7 of 7 SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: Bear Electrical Solut ions, Inc . Additional Description of Operations/Remarks from Page 1: Additional Information: Includes: Additional Insured -ongoing operations per attached CG20330413. Additional Insured -completed operations per attached CG20370413. Primary and Noncontributory Wording per attached CG20010413. Waiver of Subrogation per attached form CG24040509. Auto Liability: Additional Insured and Waiver of Subr ogation per attached form CA88100113. SUPP (05/04) DATE 09/07/2018