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18-230 Bear Electrical Solutions, Maxine Ave Street Light Infrastructure Repair S. De Anza Blvd Conduit InstallCITY OF m PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on November 16, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Bear Electrical Solutions , a Corporation · ("Contractor") for Maxine Ave Street Light Infrastructure Repair/S. De Anza Blvd Conduit lnstal 2. SCOPE OF WORK Conb·actor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perfonn and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and inco1porated 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 end_s on January 31, 2019 ("Contract Time") unless tenninatecl 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 pai1ies and City has received satisfactory proof of insurance and any perfonnance and payment bonds that may be required . 3.2 Time is of the essence for Contractor's perfonnance 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 $200.00 will be charged for each clay of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include :intangible losses which the Parties agree may be difficult to asce11ain , such as loss of public confidence in City and its contractors, interference or loss of use of public facilities , and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contrnctor for satisfacto1y performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$ 26 ,150.00 ("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 clay of each month , describing the Work performed clming the preceding month, iternizing labor, materials , equipment and Public Works Project Maxine Ave Street Light Infrastructure Repair/S. De Anza Blvd Median Conduit Install Public Works Contract $45 ,000 /Rev . May 22, 2018 Page I of 11 any incidental costs incmTed. Contractor will be paid 95% of the undisputed amounts billed within 30 days 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 s ol ely responsible for the means and methods of petforming the Work and for the persons under th.is e mployment. 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 pe1form the Work in a competent and professional mam1er and a ccording to th e highest standards and best practices in the industly . 5.3 Permits and Licenses. Contractor wmTants on behalf of itself and its subcontractors that they are properly licensed , registered , and/or ce1tified to perfonu 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):C-10 , A, C3 l , C-61/031 , which must remain valid for the entire Contract Time . 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this C ontra ct will apply to any appro ved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools , materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this C ontract. Upon City 's request, Contractor will provide proof of payment and will indenmify City for v iolations pursuant to the .indemnification provision of this Contract. 6. CHANGE ORDERS A mendments and change orders must be in writing and signed by City and Contractor. Contractor 's re quest for a change order must specify the proposed changes in the Work, Conti·act Price, and C onti·act 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 elate. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign , hypothecate , or transfer this Contract or any interest therein , directly or .indirectly, by operation of law or otherwise, without prior written consent of City . Any attempt to do s o will be null and void . Any changes related to the financial control or business nature of Contractor as a leg a l entity is considered an assignment of the Conh·act and subject to City approval , which shall n ot be unreasonably withheld . Control means fifty percent (50%) or more of the voting power of the busine ss entity . Thi s Contract is binding on Conti·actor, its heirs , successors and permitted assigns Public Works Project Maxine Ave Street Light Infrastructure Repair/S. De Anza Blvd Median ConD Public Works Contract $45 ,000 /Rev. May 22, 2018 Page2o fll 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 displ ay e d in all pieces of publicity , flyers , press releases , posters, brochures, interviews , public service a nnouncements and newspaper articles . No signs may be posted or displayed on or about City prope1ty , except signage required by law or this Contract, without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces , except that Contractor may hire qualified subcontractors to perform 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 grmmds for rejection under Public Contract Code Section 4107 . If City rejects a subcontractor, Contractor at its own expense must perfotm the subcontractor's Work or hire a new subcontractor that is acceptable to City . A Notice of Completion must be recorded within 15 day s after City accept s 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 perfo1111ed , the mU11ber of workers , th e 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 mu st keep a separate set o f 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 sy stems ; utilities and utility cot111ections; 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 rec ords, and maintained for four years from the elate of City 's final payment. Public Works Project Maxine Ave Street Liq ht Infrastructure Repair/S . De Anza Blvd Median Conn Public Works Contract $45,000 /Rev . May 22, 2018 Pa ge J o f 11 11. INDEIVINIFICATION 11.1 To the fulle st extent allowed by law , and except for losses caused by the sole and active negli ge nce or willful misconduct o f City personnel , Contractor shall indemnify, defend, and hold harmless City , its City Council, boards and conunissions, officers , officials, employees, agents, se rvant s, volunteers and consultants ("lndemn.itees "), tlu·ough legal counsel acceptable to City, from and against any and all liability , damages , claims , stop notices , actions, causes of action, demands , charges, los ses and expenses (including attorney fees, legal costs and expenses related to litigation and dispute resolution proceedings), of eve1y 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) Perfo1mance 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 rec eiving 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 satisfacto1y 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 satisfacto1y 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 Maxine Ave Street Light Infrastructure Repair/S. De Anza Blvd Median Cone Public Works Contract $4 5,000 /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 Im.migration Reform and Conh·ol 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, Depaitment 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 clay of violation. (c) As required by Labor Code Section 1861 , by signing this Conh·act Contractor ce1tifies as follows: "I am aware 6f 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 conrn1encing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis ofrace, 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 . Conh·actor 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 discrin1ination , 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 Maxine Ave Street Light Infrastructure Repair/S. De Anza Blvd Median Cana Public Works Contract $45,000 /Rev . May 22, 2018 Pa ge 5 o f 11 13.4 Conflicts of Interest. Contractor, its employees, subcontrnctors, servants and agents , may not ha ve, maintain or acquire a conflict of interest in relation to this Contract in violation oflaw, including Govenm1ent Code section 1090 and Gove rmnent 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 employees of City or have any relationship with City officia ls, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes ce1tain governmenta l 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 reimbursement, or tenninating the Contract. City reserves a ll rights and remedies under the law and this Contract, including seeking indenmification. 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 Contrnct Price, using the Bond Fon11S 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 ca ncels a bond or becomes insolvent, Contractor must provide a substit11te bond from a surety acceptable to City within seven calendar days after written notice from City. If Conh·actor fails to do so, City may in its sole discretion and without prior notice, p urchase bonds at Contractor's expense, deduct the cost from payments clue 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 4215 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 Govenunent Code Section 7104, Contractor must stop work, notify City in writing, and wait for instructions ifone 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 C lass III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those i ndicated by information about the worksite made available to Contractor; and Public Works Project Maxine Ave Street Light Infrastructure Repair/S . De Anza Blvd Med ia n Con n Public Works Contract $45,0 00 /Rev. May 22, 2018 Page 6 of 11 ( c) Unlrnown 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. 15.3 For contracts $25 ,000 or higher 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 conunenci.n g work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders . If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water 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 . Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains , and must upgrade and maintain these co ntrol s based on weather conditions or as otherwise required by City. These controls must b e 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 batTiers, filter fabric fences, and block and gravel filters at all drain inlets in1pacted by construction. During the annual rainy season, October 15 tlu·ough June 15, stonn drain inlets impacted by construction work must 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 consh1.1ction material with plastic sheeting . Store all construction materials in containers ; (c) Sweep and remove all materials from paved smfaces that drain to streets, gutters and storm drains prior to rain and at the end of each work day . When th e Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; ( cl) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing h·ash, litter, and debris at the encl of each work clay and when 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 Management Practices Municipal and Construction Handbooks, local program guidance materials fro m municipalities, and any other applicable documents on stormwater quality co ntrols for construction. Contractor's failure to comply with th.is Section will result in the iss uance of noncompliance notices, citations, Work stop orders and regulatory fines . Public Works Project Maxine Ave Street Light Infrastructure Repair/S. De Anza Blvd Median Conm 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 notic e to Co ntracto r. 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 tin1e. 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 tin1e expended in perfonning the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid fo r satisfactory Work rendered through the tennination date and will be given reasonabl e 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 T h.i s Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Comt 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 comp ly with th e claim filing requirements of the California Govenunent Code. If the Parties elect a rbih·ation , the arbih·ator'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 Conh·act, the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Maxine Ave Street Light Infrastructure Repair/S . De Anza Blvd Median Conn Public Works Contract $45 ,000 /Rev. May 22, 2018 Page 8 of 11 21. SIGNS/ADVERTISEIVIENT No signs may be displayed on or about C ity 's property, except s ignage which is required by law or by the Conh·act , without City 's p ri or written approva l as to si ze, design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of th.is Co nt ract. 23. WAIVER Neithe r acceptance of the Work nor payment thereof sha ll co nstitute a waiver of any co nt ract provisio n . City wa iver of any breach sha ll not constitute waiver of anoth er provision or breach. 26 . WARRANTY Contractor warrants that materials and eq uipm ent used wi ll be n ew , of good qu ality , and free from defective workmans hip and materials, and that the Work will be free from material d efects not intrinsic in the design or materia ls. All Work, mate1ials and equipm ent should pass to City free of claims, li ens or encumbrances. Contracto r warrants the Work and materia ls for one year from the date of City 's acceptance of the Work as comp lete ("Warranty Period "), except when a lon ger guara nt ee is provided by a supp li er, inanufacturer or is Tequired by this Contract. During the Wainnty Period, Contractor wi ll repair o r replace any Work defects or m aterials, including d amage that ari ses from Contractor 's Warranty Work, except any wear and tear or damage res ultin g fro m improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attac hments, documents , and statutes attached , referenced, or expressly incorporated herein, including authorized amendments or change orders const itute the final an d complete contract between City and Contractor with respect to the Work and the Project. No ora l contract or impli ed covenant wi ll be enforceab l e against C ity. If any attaclm1e nt or incorporated provisions conflict or are inconsistent with the te nns of th.is Contract, the Contract terms will contro l. 28 . SEVERABILITY IP ARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or un enforceab le , the legal portion of s aid provision an d all other contract provisions will i-emain in full force and effect. 28 . SURVIVAL The cont ract provisions whi ch by their nature should s ur vive th e Contract or Comp letion of Project, including without li mitation al l warranti es , ind emnities, payment obligations, insurance and bonds, shall remain in full fo rce and effect after the Work is co mpl eted or Contract ends. Public Works Project Maxine Ave St r eet Light Infrastructure Repair/S. De Anza Blvd Median Con D Public Works Contract $45 ,000 /Rev. May 22, 2018 P age 9 o f 11 29. INSERTED PROVISIONS Each provis ion and clause required by law to be insert ed in this Co ntract will be deemed to be included and will be inferred herein. E ither party may request an amendment to cure mistaken inse1tions or omissions of required provisions. 30 . CAPTIONS The captions , titles, and headings in this Contract are for convenience only and may not be u sed in the c onstru ction or inte1vretation of the Contract or for any other purpose . 31. COUNTERPARTS This Contract may be ex ecuted in counterparts, each of which is an original and a ll of which taken together shall fonn one single document. 20 . NOTICES Al l notices, requests , and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delive1y, the date confirmed by a reputable overnight delive ry service, on the fifth ca lend ar clay after deposit in the United States Mail, postage prepaid, re gistered or certified, or the next business day following e lech·onic submission: To City of Cupertino : 10300 To1Te Avenue, C up e1tino CA 95014 Attention: Brad A lexa nd er Copy to: Ca rl Valdez Email : brada@ c up e1tino.org 30. VALIDITY OF CONTRACT To Contractor: Bear Electrica l So luti on s Attention: Rob ert Asuncion Copy to: Brent Paulson Email: robert~bear-electrical .com This Contrnct is valid and enforceab le only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authori zed 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 Paities. If Contractor is a corporation , signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project Maxine Ave Street Liq ht Infrastructure Repair/S. De Anza Blvd Median Cone Public Works Contract $45,000 /Rev . May 22, 2018 Page 10 o f 11 IN WITNESS WHEREOF , the parties h ave ca u sed this Co ntra ct to be exec ute d as of the Executi o n Date first above written. CONTRACTOR Bear E lectri ca l Solutions CITY OF CUPERTINO, a Municipal Corporation ::~ ~Tf.$.v~ Title: VICE ';j)gtt,DcNT Sign atu re Date: II p /rt APPr,AS TO FORM: By: < ,.Ira Cu \o City Attorney ATTEST : By: ~L~ GRACE SCHMIDT, City Clerk Title: Director of Public Works Signatme D ate: __ /_1-+/~?-~~'--1-} _1 ~]~--- ~e,!J /1-30 -/<! /P-.-3 --l'l % \S, \~u $ I \ I ())---V G~ M'S l OD )f/;; -'tf i ~ -00 ?-- ( ()') ,-tlt>-i 'l-1, 1Vo/lV ?- Public Works Project Maxine Ave Street Light Infrastructure Repair/S . De Anza Blvd Median Cone Public Works Contract $45 ,000 /Rev . May 22, 2018 Pa ge 11 of 11 BES ~''• EXHIBIT A BEAR ELECTRICAL SOLUTIONS Contractors License No. 982079 A -General Engineering C-10 High Voltage Electrical LBE# CMD121616779/ SBE# 1752478 1341 A relier Street, PO Box 924, Al viso, CA 95002-0924 Tel: 408-449-5/78 Fax 408-449-5/47 DATE: FROM: PHONE: FAX: October 17 , 2018 Brent Paulson (408) 449-5 178 (408) 449-5 147 PROPOSAL TO: COMPANY: PHONE: EMA IL : BID/ PROJECT: 10860 Maxine Ave & 10431 DeAnza Blvd Conduit Install Brad A lexander City of Cupert in o (408) 777-3275 BradA@c upertino .org BES received a request for pricing to provide electrical labor and equipment for the following scope of w o rk: 10431 DeAnza Blvd. -Pothole for ex ist ing utilities -Install qty(l) new N9 pull box in median adjacent to pole 20507 -Install Appro ximately 75 feet of 1.5 inch PVC conduit via Directional bore from PGE service to newly installed N9 pull box in Median -Restore damaged landscape to origin a I condition 10860 Maxine Ave -Replace shorted direct bury wire with 1.5inch PVC conduit -Pothole for existing utilities -Install qty(l) new N9 pull bo x adjacent to pole 18476 and intercept direct bury conductors -Install qty(l) new N9 pull box adjacent to pole 18475 and intercept direct bury conductors -Install Approximately 250 feet of 1.5 inch PVC conduit via Directional bore from pole 18475 to pole 18476 -Sweep conduits into newly installed pullboxes. -Install approximately 750 linear feet of number 8 THW for streetlighting circuit -S plice in accordance to city standard -Restore damaged hardscape and softscape to original condition QUOTE: 1 . Provide and install all labor and equipment to complete the electrical scope of work referenced above. 10860 Maxine Ave & 10 431 DeAnza Blvd Conduit Install: EXCLUSIONS: Streetlight Pole s Lighting Fixtures Wire and terminations Bonds , Licenses, and Permits BEAR ELECTR ICAL SOLUTIONS , INC Electric al Contractors -Contractors' Lic e nse No. 982079 $26,150.00 BES ~) EXHIBIT A BEAR ElECTRICRL SOLUTIONS 1347 Archer Street, PO Box 924, A l viso, CA 95002-0924 Tel: 408-449-5/78 Fax 408-449-5147 TERMS & CONDITIONS 1. ACCEPTANCE Contractors License No. 982079 A -General Engineering C-10 High Voltage Electrical LBE# CMD121616779/ SBE# 1752478 BES (also referred to as Bear Electrical So lutions or Contractor) proposal/ contract sha ll accompany the Customer's Purchase Order, Work Order or Contract in order to validate the bid proposal. It is understood that the issuance of a work order, purchase order, contract, verba l direction or other written request for delivery or commenceme nt of work by the customer indicates the Customer's acceptance of this proposal/ contract in whole. 2. BILLING TERMS Payment for services rendered is due in full upon receipt of in voice . Invoices shall be payable in full. Obligation of Customer to pay BES is independent from and unrelated to other obligations owed between Customer and BES and /or Customer and any other party . This proposal is based on rates in effect at the date of our initial proposa l and is subject to any increase tha t my come into effect 30 days or more after the initial date quoted . 3. EXTRA WORK BES wi ll not perform any extra work or modifications outside of th is proposal unless agreed to in writing by change order to this proposal/contract or written approval. 4. ALTERAT IONS: BES shall be held harmless for fines , citations, injuries and property damage that results from our electrical work being altered from its original design . 5. INDEMN IF ICATION : The customer agrees to fully indemnify and hold harmless BES from all claims, costs, act ion s, damages, liabilities and expense, includi ng reasonable attorney's fees, which may be brought or made against BES , which in any way arise out of, o r by any reason of, the use or mi suse of BES's equipment rented hereunder, excepting only suc h actio ns, claims, co sts , damages , liabilities and ex penses resulting from the sole negligence of BES. The intent hereof is that Customer shall fully indemnify and hold harmless BES to the maximum extent allowed by law. 6. GENERAL: This proposal/contract (the "Agreement") may be signed in two or more counte rp arts, each of which shall be deemed an origina l, but all of which together shal l constitute one and the same inst rument. If any provision of this Agreement shall be adjudged by any court of competent jurisd i ction to be unenforceable or inva lid, that provision shall be limited or el iminated to the minimum extent nece ss ary so that this Agreement sha ll otherwise remain in full force and effect and enforceable. The fai lure of either party to act in the eve nt of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches , unless suc h waiver shall be in writing and signed by the party against whom enforcement is so ught. This Ag reeme nt constitutes the entire agreement and understanding of th e parties with respect to the subject matter of this Agreement. Any amendment or modification of this Ag reement shall be in writing and executed by a duly authorized representative of the parties . In any action brought a party hereto to enforce or interpret this Agreement, the prevai ling party shall be entitled to the award of its attorneys' fees and costs in addition to such other relief as may be awarded BES wou ld like to thank you for the opportun ity to provide you with this proposal. Please give us a call with any questions or concerns. QUOTE PREPARED BY: APPROVED BEAR ELECTRICAL SOLUTIONS, INC BEAR ELECTR IC AL SOLUTIONS, INC Electrical Contracto1-s -Contractors' License No. 982079 BES ~)\ EXHIBI A BEAR ELECTRICAL SOLUTIONS 7 341 A rch er Street, PO Box 924, A l viso, CA 95002-0924 Tel: 408-449-5178 Fax 408-449-5147 Brent Paulson Office: (408) 449-5178 Brent@bear-electrical.com BEAR ELECTRICAL SOLUTIONS , INC Ele ctrica l Contractors -Contractors' Lic e nse No. 982079 Contractors License No. 982079 A -General Engineering C-10 High Voltage Electrical LBE# CMD121616779/ SBE# 1752478 SIGNATURE Bi"g d l+l ex:Bfldev-JJ-&~18 PRINTED NAME and DATE UBLIC WORKS CONSTRUCTION CONTRACTS mall Projects -$45,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, andforfive years following the completion of th e Proje ct, insurance against claims for injuries to persons or damages to property which may a1ise from or in c01111ection with the perfo1rnance of th e work hereunder by Contractor, its agents, representatives, emp loyees or subcontractors. MINil\!fiJM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: vi . Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an ! \\"occurrence" basis , written on a comprehensive g eneral liability form, and must include coverage for liabi lity \I); arising _{,-om Contractor's or Subcontractor's acts or omissions, including Contra ctor's protected coverage, blanket contractual, products and completed operations, vehicle coverage and employer's non-o,vnership liability coverage, with limits of at least $2,0 00,000 per occ urrence. The CGL policy must protect against any and all /"ability for personal injury, death, property damage or destrnction, and personal and advertising injury. If a general aggregate limit app li es, either the general aggregate limit s hall apply separately to this project/lo cation (ISO CG 25 03 or 25 04) or the general aggregate limit sha ll be twice the required occutTence limit. a. It shall be a requirement under this agreement that any available in suranc e proceeds broader than or in excess of the specified min.i.J.11mn insurance coverage req uirem ents and/or limits shall be made avail a ble to the Additional Insured and shal l be (1) the min.i.J.num coverage/limits specified in thi s agreement; or (2) the broader coverage and maximLm1 limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Contractor's policy shall be "prima1y and non-contribut01y," will not seek contribution from City's insurance/self-insmance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance , provided each policy complies with the req uirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contJibuto1y basis for the benefit of City before the C it y's own insurance or se lf -in s urance sha ll be called upon to protect City as a named in s ured. A utomobile Liability: ISO Form CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no les s than $1,000,000 per accident for bodily inj u1 y and property damage . Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liabi li ty Insurance of no less than $1,000,000 per accident for bodily injmy or disease, or as otherwise ~ required by statute . If Contractor is self-insured, Contractor must provide a Certificate of Pemiission to Self-Insure, duly authorized by the DIR. D N / A if box checked ( Contractor provides written verif,.cation it has no employees). 4. Professi onal Liability with limits no less than $1,000,000 per occurrenc e or claim, and $2,000,000 aggregate . J8J N / A if box checked (Contract is not design/build). 5. Build er's Risk. Co ur se of Constructio n insurance utili zing an "All Risk" (Special Perils) coverage fonn, with limits eq ual to the completed valu e of t he project and no coinsurance penalty provisions. /~ N I A if box checked (Project do es not involve construction or improvements/installations to property). In s uran ce R equire111 e11t s for Co11 stn1 ction Co11tracts -$45 ,000 Version: Nov 2017 6. Contractors' Pollution Legal Liability and /or Asbestos Legal Liability and/or E1rnrs and Omissions with linuts no less than $1,000,000 per occunence or claim, and $2,000,000 policy aggregate. l2S]. N I A if box checked (Proj ect do es not involve environm ental ha zards). If Contractor maintains broader coverage and /or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher li.Jnits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Selj~Insured Rete11tio11s. Self-insured retentions must be declared to and approved by City. At City's option, either: (I) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers, o fficials , employees , and volunteers ; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses . The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain , or be endorsed to contain, the following provisions: V Additional Insured Status V The City of Cupertino, its City Council, officers, officia ls, employees, agents, servants and volunteers are to be covered as additiona l insureds on the CGL policy with respect to liability arising out of the Services perfom1ed by or on behalf of Contractor including mate1ials , parts, or equipment furnished . Endorsement of CGL coverage sha ll be at least as broad as ISO Form CG 20 10 11 85 or if not avai lable , tlu·ough the addition of both CG 20 10, CG 20 26, CG 20 33 , or CG 20 38; and CG 20 37 if a later edition is used . Prima,y Coverage For any claims related to this Project , Contractor's insmance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 2001 04 13 with respect to City, its officers, officials, employees and volunteers, and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire without at least 30 days advance written notice to City, wtless due to non-payment of premiums, i_n 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. Builder's Risk Contractor may submit Bui ld er's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee , as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all -ri sk coverage on a I 00% completed value basis on the i.J1surable portion of the Project, with no coinsurance penalties , and for the benefit of City. If the Project does not involve new or major reconstruction , City may elect, acting in it s sole discretion, to accept an Installation Floater policy instead of Builder's Risk . For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings , stmctures , processes, machinery and equipment, and sha ll provide property damage coverage for any building , structure, machinery or equipment damaged, impai.J·ed, broken, or destroyed during the performance of the Work , including during transit, installation, and testing at the City's site. J11 s ura11 ce Require111 e11t s for Co11stru c tio11 Contracts -$45,000 Version: Nov 201 7 2 Waiver ofS11brogatio11 Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it ma y have against City. Contractor agrees to waive rights of subrogation which any .insurer of Contracto r may acquire fro m Contracto r by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers ' Compensation policy shall be endorsed with a waiver of s ubro gat ion in favor of the City for all work p erform ed by the Contractor, its employees, agents and subcontractors. Acceptability oflnsurers Insurance must be iss ued by insurers acceptable to City and licensed to do business in the State of California, and each ins urer must have an A.M. Best's :financial strength rating of"A" or better and a financial size rating of "Vll" or better. Verification of Coverage Co ntra ctor shall furnish the City with original ce1tificates and amendatory endorsements, or copies of the applicab le insurance langua ge , effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these spec ifications, at any time . Subcontractors Contractor shall require and ve1ify that a ll subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a fo1m at lea st as broad as CG 20 3 8 04 13 . Surety Bonds As required by Contract and described in the Contract Documents. The Payment and Perfot;rnance Bonds shall be in a sw11 equal to the Contract Price. If the Petfonnance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety, authori zed to issue s uch bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circ umstances City reserves the right to modify thes e requirements , based on th e natme of the risk, prior expe1ience, insurer, coverage, or other c ircumstances. l//s 11ran ce R equirem ents fo r Constructio n Co ntra cts -$45,000 Version: Nov 201 7 3 A.CORD® CERTI F ICAT E OF UABDUTY IN S URANC E I DATE (MM/DD/YYYY) ~ 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 AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES N OT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURE D, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCE R L IC /t0056172 1-888-845-2248 CONTACT NAME: Mcsherry & Hudson PHONE 408-550 -2 130 I rffc Nol: 408-550-2119 141C No Extl · 160 West Santa Clara Street E-MA IL ADDRESS : Suite 715 San Jose , CA 95113 INSURE RISI AFFORDING COVERAGE NAIC # INSURE R A: UNDERWRITERS AT LLOYDS LONDON 15792 INSURED INSURE R B: WE ST AMERICAN INS CO 44393 Bear Electrical Solutions, Inc. NAVIGATORS SPECIALTY INS CO INSURER C: 36056 1341 Archer S treet INSURE R D: THE OHIO CASUALTY INS CO . 24074 Alviso, CA 95002 INSURER E : IN SU RER F: COVERAGES CERTIFICATE NUMBER: 53897134 REVISION NUMBER: THI S IS TO CERTIF Y THAT THE POLICIES OF INSURANCE LI STED BELOW HAVE BEEN ISSU ED TO THE IN S URED NAMED ABOVE FOR THE POLICY PERIOD INDI CATED. NOTWITH STAND ING 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 DE SCRIBED HEREIN IS SUBJECT TO ALL THE TERM S, EXC LU SIONS AND CO NDITIONS OF SUCH POLICIES . LI MITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . ADDL SUBR INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE naeo ..n,n POLICY NUMBER I IMM/DD/YYYYl IMM/DD/YYYYl LI MITS A GENERAL LIABILITY X X CAS-0000329-01 ~ 04/01/lE 04/01/19 "E ACH OCCURRENCE S 1,000,000 ,,. f--DAMAGE TO RENTED X CO MM ERCI AL GENERAL LI ABILI TY S 100,000 I-PREM ISES lEa occurrence\ 0 CLA IMS-MADE 0 OCCUR MED EXP (Any on e pe rson) $5,000 PERSONAL & ADV IN JURY S 1,000,000 f--.. X Per Project Aggregate GENERAL AGGREGATE $2,000,000 f-- GEN'L AG GREGATE LIMIT APPLIE S PER : PRODU CTS -COMP/OP AG G $2,000,000 n POLICY fxl ~r& n LO C I $ B AUTOMOBILE LIABILITY X X BAW57113287 V 0 4/01/1 8 0 4 /01/19 PE~~~~~~~l lN GLE LIMIT s 1,000,000 V f-- X ANY AUTO BODILY INJU RY (P er person) s f--ALL OWNED ~ SC HEDULED AUTOS AU TO S BODILY INJUR Y (Per acc id en l) $ f--f--NO N-OWN ED PROPERTY DA MAG E X HIRED AUTOS X AUTO S (Per accid enl\ s .,,.--....,, f--f--r l4 " C UM BRE LLA LI AB H OCCUR LA18EXC900785IC 0 4/01/lE 0 4 /01/19 ~ACH OCCURRENCE S 5 ,000,000 V\ ,- X EXC ESS LLAB CLAIMS -MADE AGG REGATE $5,000,000 I/ OED I I RETENTION s s / WORKERS COMPENSATIO N I T~~J T~J,¥;. I IOJ~-' / AND EMPLOYERS' LIABILITY YIN ANY PROPR IETO R/P ARTNER/EXEC UT IVE ~ N/A E.L. EACH AC CIDENT $ OFFICER/MEMBER EXCLU DED? Y (M and atory in NH) E.L. DI SEASE -EA EMPLOYEE $ U yes . desc ribe und er DESCRIPTION OF OPERATIONS below E.L. DI SEASE -POLI CY LI MIT $ D Rentea/Leasea Equipment BM0571132~, U4/0.l/ .LI U 4/UJ./ .l :, .... imit 157,00u D Scheduled Equipment BM057113287 0 4 /01/1! 0 4/01 /19 'timit 357,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101 , Addition al 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 H OLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino 10300 Torre Avenue Cupertino , CA 9501 4 I ACORD 25 (2010/05) wendyl517B 53897134 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE USA ~ © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are reg i stered marks of ACORD ~ THIS E CO MME RC I AL GENERAL LIABILITY CG 20 37 041 3 PLEASE READ IT CAREF ULLY. ADD ~TIO Al INSURED -OWNERS , LESSEES OR CONTRACTORS-COMPLETED OPERATION S This endorsement modifi es in sura nce p rovid ed under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additio nal Insured Pers on(s) Or Organization(s) Location And Description Of Completed Operations Any perso n or organization that is an owner of real All locations except lo cations 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, m ulti -family dwellings (ot her than yo u work or have worked, but on l y if coverage as rental) an additional insured extendin g to "bod ily injury" or "property damage" inclu ded in the "produ cts - completed operations hazard" is required by a written contract or writte n agreement that is an "insured contract" and provided that the "bodily in j ury " or "property damage " first occurs su bs equent to the execution of the con tract or agreement. Information required to complete this Schedule , if not shown above, will be shown in the Declaration s. A . Section II -Who Is An Ins ured is amend ed to in clud e as an additional insured the person(s) or organization(s) shown in th e Schedule, but only with respect to liability for "bodily injury" or "prop erty damage" caused, in whole or in part, by "your work" at the lo cation designated and described in th e Schedule of this endorsem ent performed for that additional insured and includ ed in the "products-completed operation s ha zard". However : 1. The in surance afforded to such additional insu red only app li es to the extent permitted by la w; and 2 . If coverag e provided to the ad d itional insured is required by a contract or agreement , the in suran ce afforded to such additional insured will not be broader than that w hich you are required by the contract or ag re ement to provide for such additiona l insured. B. With respect to the insurance afforded to these additional insureds, th e follo wing is added to Section Ill -Li m its Of Insurance: If coverage provided to th e additional insured is required by a contract or agreement , the most we will pay on behalf of th e additional insured is th e amou nt of insurance: 1 . Required by the contract or agreement; or 2 . Avai labl e under the applicabl e Limits of In surance shown in the Declarations; whichever is less . This endorsement sha ll not increase th e appli cab le Limits of Insuran ce shown in the Decl aration s. CG 20 37 0 413 © In su ra nce Services Office, Inc ., 2012 Page 1 of 1 COMM ERC IA L GE NERAL LI A BI LITY CG 20 33 0 4 ·13 R S EM EN T CHAN GES T HE POLICY. P LEASE READ IT CA REFULLY . ADDIT ONAl INSURED -OWNERS 9 LESSEES OR CONTRACTORS-AUTOMA iC S ATUS WHEN R E QUIRED IN CONSTRUCTION AG EEMENT WITH YOU Thi s endorsement modifies in surance provided under the following: COMMERCIAL GENERAL LIABILITY COVER AGE PART A. Section II -Who Is An Insured is amended to includ e as an additional in s ured any person o r organizati o n for whom you are performing operations when you and such person o r organization have agreed in w riti ng in a contract or agreement that such person or organization be added as an additiona l in sured on your policy. Such person or organization is an additional insured on ly with respect to liability for "bodily injury", "property damage" o r "personal and adv e rii s ing injury" caused , in whole or in part, by: 1. Your ac ts or omissions ; or 2. The acts or omi ssions of those act in g on your behalf; in the performance of your ongoing operations for the additional insured. Howeve r , the insurance afforded to s uch additi onal insured: 1. On ly app lies to the extent permitted by la w; an d 2. Will not be broader than that which you are required by the conlract or agreement to provid e for such additional in sured. A person's or organization's status as an add itiona l insured under th is endorsement ends when your operations for that additional in s ured are comp leted. B. With respect to the insurance afforded to th es e add iti ona l insureds, the fo ll ow ing add it ional e xclusions appl y : This insurance does not app ly to : 1. "Bodily injury", "property damage" o r "personal a nd advertis ing injury" ar isi ng out of the re nd ering of, or th e failure to render, any professional architectural, engin ee rin g or surveying serv ices , in cludi ng : a . Th e preparing, approv ing, or failing to prepare or approve, map s, shop drawings, op inions, rep orts, surveys, field orders, change o rd ers or drawings and specifi cations; or b. Supervisory, inspection , architectura l or engineer in g act iviti es. This exclusion app li es even if the claims aga in st any insured allege negligence or other wrongdo in g in the s up erv ision, hiring, employment , tra ining or monitoring of others by that in sured , if the "occurre nce " wh ich caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising inju ry", in vo lv ed the rende rin g of or th e failure to render any professional architectural, engineering or surveying serv ices. CG 20 33 04 13 © Insurance Services Office, Inc ., 2012 Page 1 of 2 2. "Bodil y 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 it s intended use by any person or organization other than another contractor or subcontractor e ngag ed in performing operations for a prin cipal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, th e fol lowing is added to Section Ill -Limits Of Insurance : Th e most we will pay on behalf of the additional insured is the amount of insu rance: 1. Required by th e cont ra ct or agreement you have ente red in to with th e additional insured ; or 2. Available under the applicable Limits of Insurance shown in the Dec larat ions ; whichever is less. This endorsement shal l not in crease the applicab le Limits of In surance shown in the Declarations. Page 2 of 2 © Insuran ce Services Office, Inc., 2012 CG 20 33 04 13 CO MMERC IAL GE NERAL LIABILITY CG20010413 SEMENT CHANGES T H E POLICY. PLEASE READ IT CAREFULl Y . PR MARY AND NONCONTRIBUTORY - OTHER iNSURANCE COND IT~ON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary : Primary And Noncontributory Insurance This insu rance is primary to and will not see k contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additiona l in sured . (1) Th e additiona l insured is a Named Insured under such other insurance; and CG 20 01 0413 © In surance Services Office , Inc ., 2012 Page 1 of ·1 POLIC Y NUMBER: CAS -00 00329 -01 COMMERCIAL GENERAL LI A BILIT Y CG 24 04 05 09 "OF TRANSFER OF R GHTS OF RECOVERY AGAINST OTHERS TO US This endorseme nt modifies in surance provided und er the fo ll owing: COMMERCIAL GENERAL LIABILI TY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LI ABI LITY COVERAGE PART SCHEDULE Name Of Person Or Organ ization: Any person or organ iza tion for whom you are performing operations when you and such person o r organization have agreed in w rit ing in a contract or agreement prior to the date of loss. Information req uired to complete this Schedule, if not shown above, wi ll be shown in th e Declarations . The fo ll owing is added to Paragraph 8. Tran sfer Of Rights Of Recovery Agai ns t Others To Us of S ection IV -Condit ions: We waive any right of recovery we may have against the person or organ izatio n shown in the Schedu le above because of payme nts we make fo r inju ry or damage ari sing out of you r ongoing operations or "you r work" don e under a contract with that person or orga ni zation and inclu ded in the "produ cts- co mpleted operations hazard". This waiver applies o nly to the person or organization shown in the Sc hedu le above. CG 24 04 05 09 © In surance Services Office , In c., 2008 Page 1 of 1 D 0 Policy Number· BAW57113287 COMMERCIAL AUTO CA 88 10 01 13 CHANGES THE POLICY. PLEASE READ IT CAREF U L LY. COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by th is e ndorsement, the provisions of the policy apply unl ess modified by the endorsement. COVERAG E INDEX SUBJECT PROVISION NUMBER ADDITIONA L INSURED BY CONTRACT , AGREEMENT OR PERMIT 3 ACC IDEl'ffAL AIRBAG DEPLOYMENT 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 INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EX PENSE -BROADENED COVERAGE ·10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (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 PERSONAL EFFECTS COVERAGE 11 PHYS ICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABO R 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 amended as follows: 1. BROAD FORIVI 11\JSURED SECT IO N II -LIABILITY COVERAGE, paragraph A.1 . · WHO I S AN INSURED is amended to includ e the following as an in sured: d. Any leg ally in corporated entity of which you own more than 50 percent of th e voting stock during the policy period. However, "insured" does not includ e any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d . (2) of this provision does not app ly to a policy written to apply spec ificall y in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under thi s provision does not apply: (1) If there is similar in surance or a self-insured retention plan available to that organization; <0 2013 Liberty Mutual Insurance CA 88100113 Includes copy righted m ateri al of Insurance Services Office, Inc., w ith its pern1is sion. Page 1 of 7 a Policy Number: BAW5711328 7 2. (2) If the Limits of Insurance of any other insurance policy have been exhausted ; or (3) To "bodi ly injury" or "property damage" that occurred before you acquired or formed the organization . EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1 . -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours whi le using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. In surance provided by this endorse- ment is excess over any other insurance availab le to any "employee". g . An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee 's" name, with your permission , while performing duties re - lated to the conduct of your business and within the scope of their emp loyment. Insurance provided by this endorsement is excess over any other insurance available to the "e mploye e". """""""' **** 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION 11 -LI AB ILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to includ e the fo ll owing as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that 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 a uthority to this policy as an "insured". Howe ve r , suc h person or organi zatio n is an "in su red": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" 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 PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Exte nsions , 2.a. Supplem entary Payments, para - graphs (2) and (4) are replaced by the following : (2) Up to $3,000 for cost of bail bonds (including bonds for re lated traffic v iolations ) required because of an "accident" we cover. We do not have to furnish th ese bonds. (4 ) Al l reasonable expe nses incurred by th e insured at our request, including actua l loss of earn- ings up to $500 a day because of time off from work . 5. AMENDED FELLOW EMPLOYEE EXCLUSION In th ose juri sd ictions whe re, by law, fellow emp lo yees are not entitled to the protection afforded to the employer by the workers compensation exc lu sivity rule, or similar protection, the foll ow ing provision is added : S ECTION II -LI ABILITY, exclusion B.5. FELLOW EMPLOYEE does not app ly if the "bodil y injury" resu lts from the use of a covered "auto" you ow n or h ire. SECTION Ill. PHYSICAL DAMAGE COVERAGE is amended as follow s: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Exte nsions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Cove rage, and if Comprehensive, Sp ec ifi ed Causes of Loss or Co llision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Phy sical Damage coverages provided are extended to "autos": a . You hire, rent or borrow; or ii l 2013 Liberty Mutua l Insurance CA8810C113 Includ es co pyrighted materi al of ln su;ance Services Office, In c., with its permission . Pag e 2 of 7 0 Poli cy Number: BAW5711 32 87 b. Your "employe e" hir es or rents under a written contract or agreement in that "emp loyee's " name , but on ly if the damage occurs while the vehicle is b eing used in the conduct of you r bu siness , subject to the fo ll owing limit and ded uctible: A. Th e most we w ill pay for "loss" in any one "acc ident" or "loss" is the smallest of: (1) $50 ,000 ; or (2) The actua l cash value of the damaged or sto len property as of the tim e of the "l oss"; or (3) The cost of repairing or replacing the damaged or sto len property with other property of li ke kind and quality, minus a deductibl e. B. The deductible will be eq ual to the large st deductible applicable to any owned "auto" for th at coverage . C. Subject to the limit, deductib le and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a ma ximum of $1,000 per "accident", we will a lso cover the actua l lo ss of use of the hired "auto" if it result s from an "accident", you are legally li able ancl the lessor incurs an actual financial loss . E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purpose s of this pro vision , SECTION V -DEFINITIONS is amended by adding th e following : "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds th e 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 wi ll pay towing and labo r costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type , "light trLJck" or "medium truck" is dis- ab led: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucl <s", we wi ll pay up to $50 per disabl eme nt. "Light trucks" are tru cks that have a gro ss vehicle weight (GVW) of 10,000 pounds or less. c. For "medium tru cks" , we wi ll pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10 ,001 -20,000 pounds. However , th e labor must be performed at the place of disablement. 8. PHYS ICAL DAMAGE -ADDITION A L TRANSPORTATION EXPENSE COVERAG E Paragraph A.4.a., Coverage E xtension of SECTION Ill -PHYSICAL DAMAGE COV ER AGE, is am end- ed to provide a limit of $50 per day ancl a maximum limit of $1,500 © 2013 Liberty Mutua l In surance CA 88 10 01 13 In clu des copy ;ighted material of Insurance Serv ices Office, Inc ., w ith it s pem1 iss ion. Page 3 of 7 -= --.....:...- """""""' --·-. = '='=='=" ~ = ,,,,,..,,,,,,,. ~ :===- 5 __: 0 ::: ;;a;,;;;;;;;;;; = """""""' Policy Number-: BAWS7113287 9. RENTAL REIMBURSEMENT SECT ION Ill -PHYSICAL DAMAGE COVERAGE, A. COV ERAGE , is amended by adding the following : a. We will pay up to $75 per day for rental reimbursem e nt 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 Coll ision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "lo ss " to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparab le vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it shou ld take to repair or replace the vehicle with reaso nabl e speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses in curred by you to remov e and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill . e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses wh ich is not already prov ided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage . For the purposes of this endorsement provision, materials and equipment do not in clude "person al 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 sto len covered "auto" to you . The maximum amount we wil l pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECT ION Ill -PHYS ICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is sto len, we wi ll pay, without application of a deductible, up to $600 for "personal effects" sto len with the "auto." The insu rance provided under this provision is excess over any other collectibl e 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 ca rried by an insured." "Persona l effects" does not include tools, equipment, j ewe lry, mone y or securities . 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, 8. EXCLUS IONS is amended by adding the fo llo w- ing : If you have purchased Comprehens ive or Collision Coverage under this policy, the exclu sion for "loss " re lating to mechanical breakdown does not apply to the accidenta l discharge of a n airbag. Any insuranc e we provide shall be excess over any other collectible insurance or reimbursement by ma nu facturer's warranty. However, we ag ree to pay any deductible app li cable to the other cov- erage or war ranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPI\IIENT COVERAGE SECT ION Il l -PHYSICAL DAMAGE COVERAGE, B. E XC LUSIONS , exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and rep laced with the following : •0 2013 Liberty Mutua l Insurance CA88100113 lr1cludes copy righted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 0 Policy Number: BAW5711328 7 Exclusion 4.c. and 4.d . do not app ly to : a. El ectroni c equ ipment that rece iv es or transmits audio, visual or data signals , whether or not designed solely for the reproduction of sound, if the equipment is permanently install ed in the covered "auto" at the time of the "lo ss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and phys ical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to a udi o , v is ual or data electronic equipment or accessories used with this equipment , then our obligation to pay for, repair, return or repla ce damaged o r stolen property wi ll be reduced by a $100 deductible. 14 . LOAN / L EASE GAP COV ERAG E A. Paragra ph C., LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following : The most we will pay 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 th e lo a n or lease to which the damaged covered "auto" i s subject at th e time of the "loss" less the amount of: a. Overdue payments and financial penaltie s associated with those payments as of the date of the "loss", b. Financial penalties 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 leas e, d. Transfer or rollover balances from previous loans or leases , e. Final payment due under a "Balloon Loan", f. Th e dollar amount of any unrepaired damage which occurred prior to th e "total loss" of a covered "auto", g. Security deposits not refunded by a lessor , h. All refunds payable or paid to you as a result of the early termination of a lea se agreement or· as a result of the early termination of any warranty or extended servi ce agreement on a covered "auto", i. Any amount representing ta xes, j. Loan or lea se termination fees; or 2. Th e actual cash value of the da mage or stolen property as of th e time of the "lo ss ". An adjustment for depreciation and physical condition will be made in determining th e actual cash va lue at th e time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that in c urred th e loss serves as collateral, or lease written on the covered "auto" that incurred the loss . C. SECTION V -DEFINTIONS is changed by adding the following : As us ed in thi s e ndorsement provi s ion, the following definitions apply: "Total loss " means a "loss" in which th e cost of repairs plus the salvage va lu e exceeds the actual cash value. A "balloon loan" is one with periodic pa y ments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Lib erty Mutual In s urance CA 88 10 0113 In c ludes copyright ed material of insurance Services Office, In c., w ith it s permission. Page 5 of 7 0 Policy Number: BAW57113287 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible app li es to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by th e addition of the following : The deductib le does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or li ght weight truck with a gross vehicle weight of 10,000 lbs . or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry whi le it is: a. In the cha rge of an "insured"; b. Legally parked ; and c . Unoccupied . The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not app ly to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or cove rag e forms app ly to the same accident, the following applies to paragraph D. Deductibl e: a. If the applicable Business Auto deductib le is the smaller (or smallest) deductible it wil l be waived ; or b. If the applicable Business Auto deductible is not the smal ler (or sma ll est) deductible it will be reduced by the amount of the smaller (or sma ll est) deductible; or c . If the los s in volves two or more Business Auto coverage forms or policies the smaller (or sma ll est) deduct ibl e will be waived. For the purpose of this endorsement company means any company that is part of the Liberty M utual Group. SECTIO N IV · BUSI NESS AUTO CON DITIONS is amended as follows : 18. UNINTENTIONAL FAILURE TO DISCLOS E HAZARDS SECT IO N IV -BUSINESS AUTO CONDITIONS , Paragraph B.2. is amended by adding the fo ll owing: If you unintentionally fail to disclose any hazards , e x posure s or material facts existing as of the in ception date or renewa l date of the Business Auto Coverage Form, the coverage afford ed by this policy wil l not be prejudiced. However, you must report the undisclosed hazard of ex posure as soon as practicab le after its discovery, and we have the right to collect additiona l premium for any such hazard or exposure. 19. AMEND ED DUTIES IN THE EVENT O F ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO COND ITIO NS, paragraph A.2.a. is replaced in its ent ir ety by the fo ll owing: a . In the event of "accident", claim , "suit" or "loss", you must promptly notify us w hen it is known to : 1. You, if you are an individual; 2. A partner, if you are a partnership ; 3. Member, if you are a limited liability company; 4. An ex ecutive officer or the "emp loyee" designated by the Named Insure d to give such notice, if you are a corporation . ' 2013 Liberty Mutua l Insurance CA 88 10 01 13 Includes copyrighted material of Insurance S erv i ces Office , In c., with its permi s sion . Page 6 of 7 AGENCY CUSTOMER ID :------------- LOC: #: ____________ _ ADD IT IONAL REMARKS SCHEDULE Page 2 of 2 -- AGENCY NAMED I NSURED: Barrett Business Services, Inc. L/C/F Lockton Affinity BEAR ELECTRICAL SOLUTIONS, INC . POLICY NUMBER 1341 ARCHER STREET SAN J OSE, CA 95131 C65176920 CARRIER NA IC CODE ACE American Insurance Company 22667 EFFECTI V E DATE : 02/01/18 A DDITIONAL R E MARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FOR M TITLE: Certificate of Liability (0 1/14) CERTIFICATE HOLDER: City of Cupertino ADDRESS : 10300 Torre Ave Cupertino Ca 95014 All Ca lifornia Op erat i o n s ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD. IFIC PERFORMANCE AND PAYMENT BOND Bond No. KNOW BY ALL MEN THESE PRESENTS: That we, the undersigned, Bear Electrical Solutions , Inc . 0741714 Premium : $596 .00 as Principal and International Fidelity Insurance Company with its home office at One Newark Center, 20th Floor, Newark, New Jersey 07102, a corporation organized and existing under and by virtue of the laws of the State of New Jersey , and duly authorized to transact business in the State of California , as Surety, are held and firmly bound unto City of Cupertino (hereinafter referred to as "Obligee") in the penal sum of Twenty Six Thousand One Hundred Fifty and no/I 00----------------------------------------------- ($ 26 ,150.00 ) dollars , for payment of which well and truly to be made contingent upon all of the terms and conditions hereof, we hereby jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns. SIGNED and sealed this ~day of November 20 _1_8 __ THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WR.ERAS , the above named Principal did on the 16th DAY day of November 20 !!_, enter into a written contract with the Obligee for Maxine Avenue Street Light Infrastructure Repair/S. De Anza Blvd., Conduit Install (hereinafter "the Contract"). NOW, if the said Bear Electrical Solutions , Inc. shall well and faithfully do and perform the things agreed by City of Cupertino to be done and performed according to the terms of the said Contract, and shall pay all valid and adequately documented claims asserted by Claimants as defined herein, we agreeing and assenting that this undertaking shall be for the benefit of Claimants, as well as for the Obligee herein; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the total liability of the Surety hereunder shall in no event exceed the penal amount of this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments issued by the Surety under this bond, whether to Claimants, to Obligee, to or on behalf of Principal, to contractors, suppliers, and/or to other parties performing work or supplying materials in connection with the Contract, and/or in furtherance of the performance or satisfaction of Surety's obligations hereunder in any way (including but not limited to costs incurred in undertaking or arranging to perform any work under or in connection with the Contract, as well as any and all costs incurred in discharging its obligations to Claimants as defined herein), are to be credited against the penal amount of the bond. Further, Obligee hereby waives notice of the Surety's issuance, undertaking or agreement to issue any such payment(s) and/or incur any such costs and Obligee covenants and agrees that the Surety may cease any and all work, payments or other performance hereunder of any kind whatsoever at any time that the penal amount of the bond has been reached or that the Surety deems the penal amount will be reached due to obligations incurred by the Surety (whether or not payment has been issued therefor); all without any requirement of prior notice to Obligee, and that any and all further obligations of Surety hereunder shall thereupon be deemed fully and unconditionally discharged . 1FI CD0C-P1 No suit or action shall be commenced hereunder by any Claimant: a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to al I of the following: The Principal , the Obligee, and the Surety above named, within ninety (90) days after such Claimant did or performed the work or labor, or furnished the materials for which said claim is made , stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished , or for whom the work or labor was done or performed . Such notice shall be served by mailing the same by registered mail or certified mail , postage prepaid , in an envelope addressed to the Principal , Obligee or Surety, as the case may be , at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located , save that such services need not be made by a public officer; b) After the expiration of one (I) year following the date upon which the Claimant last performed work or furnished materials under said contract, it being understood , however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law ; c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the District in which the project, or any pa11 thereof, is situated, and not elsewhere . If there is no Obligee Default, the Obligee having performed all of its obligations under the Contract, the Surety's obligation to the Obligee under this bond shall arise after: a) The Obligee has notified the Principal and the Surety at its address described above that the Obligee is considering declaring a default and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract. If the Obligee, the Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Obligee 's right, if any , subsequently to declare a default ; and b) The Obligee has declared a default and formally terminated the Principal 's right to complete the Contract in accordance with the terms of the Contract. Such default and termination shall not be declared earlier than twenty (20) days after the Principal and the Surety have received notice as provided in subparagraph a above ; and When the Obligee has satisfied the conditions of subparagraphs a through c of the preceding section, the Surety shall promptly and at the Surety 's expense take one of the following actions: a) Arrange for the Principal , with consent of the Obligee , to perform and complete the Contract; or IFICDOC-P1 2 a) Arrange for the Principal, with consent of the Obligee, to perform and complete the Contract; or b) Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or c) Obtain bids or negotiated proposals from qualified contractors acceptable to the Obligee for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the Obligee and the contractor selected with the Obligee 's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to the Obligee the completion costs in excess of the balance of the Contract Price only ; or d) Waive its right to perform and complete, arrange for completion , or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation , determine the amount for which it may be liable to the Obligee, subject to all of the limitations as set forth herein and particularly in subparagraph c above, and as soon as practicable after the amount is determined , tender payment therefor to the Obligee ; or 2. Deny liability in whole or in part and notify the Obligee citing reasons therefor. Surety's liability to Obligee hereunder is limited to the reasonable costs of completion of the Contract in excess of the balance of the Contract Price , and Surety shall not be liable for any other claims, costs , losses or expenses of Obligee or any other party of any nature whatsoever . Obligee agrees that amounts owed by Obligee to the Principal under the Contract shall be used for the performance of the Contract and to pay valid Claimants. By the Principal furnishing and the Obligee accepting this bond , they agree that all funds earned by Principal in the performance of the Contract are dedicated to satisfy the obligations of the Principal and Surety under this bond . The Obligee further agrees that Surety shall not be liable to Obligee or others for obligations of the Principal that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations of by any other claims of Obligee or others . Definitions: a) Balance of the Contract Price: The total amount payable by the Obligee to Contractor under the Contract after all proper adjustments have been made , including allowance to Contractor of any amounts received by the Obligee in settlement of insurance or other claims for damages to which the Contractor is entitled , reduced by all valid and proper payments made to or on behalf of the Contractor under the Contract. b) Contract: The agreement between the Obligee and the Contractor identified on the signature page, including all Contract Documents and changes thereto. c) Principal Default: Failure of the Principal , which has neither been remedied nor waived , to perform or otherwise to comply with the terms of the Contract. I FICD0C-P1 3 d) Obligee Default: Fa ilure of the Obligee, which has neither been remedied nor waived , to pay the Principal as requ i red by the Contract or to perform and complete or comply with the other terms thereof. e) Claimant: An indiv i dual or entity having a direct contract with the Principal or with a subcontractor of the Principal to furnish labor, materials or equipment for use directly in the performance of the Contract. f) Labor: Net wages only due and owing for work directly in the performance of the Contract, and shall not be deemed to include union dues , fringe benefit or similar contributions, employee withholding taxes (or any other taxes), bonuses, or any other form of compensation or remuneration whatsoever. Attest: Witness: /k ~ /lvL M~rk M. Mune'iraw;; ' IFI CDOC-P1 Principal: Bear Electrical Solutions, Inc. By: TITLE International Fidelity Insurance Company By: l Yvonn Attorney-In-Fact (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On November 20, 2018 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared __ R_o_b_e_rt_A_s_u_n_c_i_o_n _________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Place Notary Sea/ Above ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________________________ _ Document Date: ___________________ Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ~~ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT COVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Francisco On \\\\g \ [0 Date before me, Alicia Dass, Notary Public----------------------------------------- Here Insert Name and Title of the Officer personally appeared Yvonne Ron cag Ii olo --------------------------------------------------------------------------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)-whose name~ is/are- subscribed to the within instrument and acknowledged to me that re/she/t-Aey-executed the same in -Rls/herJtheir-authorized capacity{J.es.), and that by rns/her/U:1sil: signature(aj:.on the instrument the person{s}, or the entity upon behalf of which the person(s, acted, executed the instrument. ALI CIA DASS . Nota ry Public • Calllornia z ~ : .. • • San Francisco County ~ ~ 1 . Commissi on # 21 7562 9 -L ;:·~ • ~~r:5 &5 L5,Jm,l Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES~,n~ official .eat. Signature --;/ ~~ ~ Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ..YY_QO.D.e..B~a~o~ca~g:j'-l=io=la~------ 0 Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual (RI Attorney in Fact D Trustee O Guardian or Conservator D Other:--------------- Signer Is Representing: ,X..'®~~~~'®W,l(;C~~~~~'{;<:..~Vs>'Q<>~~~'Qt,~~~~~~~~~ ©2 014 National Notary Assocration • www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5 907 .,...._~~ .... ?,i; \Q ,\;J;J/;, iii~ '·l•!~~ • :>i,<1 :;i I{ 610!1\ ~!nuo::, o~,.iJ ·!, r. ,"')PH;~''<"\ it 1r\1 ~ ~ .,,. "\ ("i i ' ,... ., ... POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY Bond# 0741714 One Newark Cente r , 20 1h Floor , Newark , New Jersey 07102-5207 PHONE : (973) 624-7200 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY , a corporation organized and existing under the laws of the State of New Jersey , and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey , having their principal office in the City of Newark, New Jersey, do hereby constitute and appo int VALERIE GARCIA , KELLY HOLTEMANN, NANCY L. HAMILTON , ROGER C . DICKINSON , THOMAS E. HUGHES , CHAR LES R. SHOEMAKER , STANLEY D . LO AR , MARK M . MUNEKAWA, NERISSA S . BAR TOLOME , JOAN DELUCA, PATRICK R. DIEBEL , YVONN E RONCAGLIOLO , ALICIA DASS San Francisco , CA their true and lawful attorney(s)-in-fact to execute , seal and deliver for and on its behalf as surety , any and all bonds and undertakings , contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed , required or permitted by law, statute, rule , regulation, contract or otherwise , and the execution of such instrument(s) in pursuance of these presents , shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY , as fully and amply , to all intents and purposes , as if the same had been duly executed and acknowledged by their regularly elected offi cers at their principal offices . This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUAL TY COMPANY at a meeting duly held on the 10th day of July , 2015 "RESOLVED , that (1) the Chief Executive Officer, President , Executive Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint , and to revoke the appointments of, Attorneys -in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto , bonds , undertakings , recognizances , contracts of indemnity and other written obligations in the nature thereof or related thereto ; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians , agents for acceptance of process , and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond , undertaking , recognizance , contract of indemnity or other written obligation in the nature thereof or related thereto , such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed ." IN WITNESS WHEREOF , INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY have each executed and attested these presents on this 31st day of December , 2017 STATE OF NEW JERSEY County of Essex George R. James Execut ive Vice President (International Fidelity Insurance Company) and Vice President (Allegheny Casualty Company) On this 31st day of December, 2017 , before me came the individual who executed the preceding instrument , to me personally known , and , being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUAL TY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixe d by order of the Boards of Directors of said Companies. ,,,,,,,, .... ,,,,,,, ,,,,, ~ 1-\ y C ,,,,, ,,' o~ ... · · ·. /~v~ •,, / .··~,ss10>\'··.. \ • • ~ (<'+· • = :o -,,·. ~ g ;O NOTARY i,:, l • ·>-... _. m, • l :.~ PUBLIC ">,." § • ·". . It • ~ "·1 • . ~ , ,.. • 0. ~ • ... ,, "1»:·-/·1&-?!l" •• ·· "-~ ,• ,, -,c:. ....•••••• ~"fii;9 ......... '•,,, 0,: Ne'Jll l ,,,,• '1,,,,,, "'" ,,,,,,,, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal , at the City of Newark , New Jersey the day and year first above written . CERTIFICATION Cathy Cruz a Notary Public of New Jersey My Commission Expires April 16, 2019 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney , with the originals on file in the home of said companies , and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF , I have hereunto set my hand on this day, November 19, 2018 A00467 Maria H. Branco , Assistant Secretary BEAR ELECTRICAL SOLUTIONS CONTRACTOR LICENSE ff.982079 LETTER OF TRANSMITTAL TO: C ity of C up ertino 10300 Torre Ave C up ertino, CA 95014 WE ARE SENDING YOU: D Attached D Under separate cover via 1341 ARCHER S1REET PO Box924 ALVISO , CA 95002 (408) 449-5178 MAIN I (800)Go8EARI 24-HOUR DISPATCH (408) 449-5147 FAX WWW .BEAR-ELECTRICAL.COM DA TE: 11/20/18 I JOB : ATTN: Brad Alexander D Shop drawings D Prints D Plans D Samples D Specifications Contract fo r Maxine Ave. Street Light Infrastructure Repair/S. D Copy of letter D Change order [81 ~D~e..;..A""nz.;;;;a;.;..;;;;.B.;..lv_d_C;...;o.;..;;n..;..du.;.;.i.;..t lI;;;;;.1;.;;..st..;..al~I ___________ _ Copies Date No. Description 1 11/20/18 1 Contract -Signed 1 11/20/18 2 Performance and Pa y ment Bond #07 41714 THESE ARE TRANSMITTED AS CHECKED BELOW: D For approval D For yo ur use [81 As requested D For review D For bids due REMARKS: Copy to: D Approved as subm itted D Approved as noted D Returned for correction D Signed: 0Res ubmit D Submit 0Return D Copies for approval D Copies for distribution D Corrected prints 0 PRINTS RETURNED AFTER LOAN TO US ra Hernandez Office Manager