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19-046 Bear Electrical Solutions, Bollinger Rd and De Anza Blvd. & Vista Drive Street Light Infrastructure SystemCITY OF II PUBLIC WORKS CONTRACT $60,000 OR LESS CU PE RTINO 1. PARTIES This public works contract ("Contract") is made and entered into on H,, ()..,VC,Y\ JS 1 1'01 °I ("Effective Date") by and between the City of Cupe1iino, a municipal corporation ("City"), and BEAR Electrical Solutions a Corporation ("Contractor") for Bollinger Rd /De Anza Blvd & Vista Dr Street Light Infrastructure Repairs 2. SCOPE OF WORK Contractor will perform and provide all labor, materials , equipment, supplies , transportation and any other items or work necessary to perf01m and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the te1ms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on :S ~ ?.Jo , ·;,-01 °t ("Contract Time") unless te1minated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed ("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both paiiies and City has received satisfactory proof of insurance and any performance and payment bonds that may be required . 3.2 Time is of the essence for Contractor 's perfo1mance and completion of the Work. Contractor must have sufficient time , resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay , or City may deduct the amount from Contractor 's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Paiiies agree may be difficult to ascertain, such as loss of public confidence in City and its contractors , interference or loss of use of public facilities, and extended disrnption to the public . 4. COMPENSATION 4.1 Maximum Compensation . City will pay Contractor for satisfactory perfo1mance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $28,900.00 ("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 day of each month, describing the Work perf01med during the preceding month, itemizing labor, materials , equipment and Public Works Project Bollinger Rd/De Anz a Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $60,000 !Rev . Jan . 02 , 2019 Page I of 11 any incidental costs incurred. 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 solely responsible for the means and methods of perfonning the Work and for the persons under this employment. Contractor is not entitled to worker 's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor watrnnts on behalf of itself and its subcontractors that they have the qualifications and skills to perfonn the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor watrnnts on behalf of itself and its subcontractors that they are properly licensed , registered, and/or ce11ified to perform the Work as required by law , and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s): C 10 , A , C31 , C-61/D31 , 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 te1ms and conditions of this Contract wi ll app ly to any approved subcontractor . 5.5 Tools, Materials and Equipment. Contractor will supply all tools , matetials and equipment required to perfonn the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City 's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor 's request for a change order must specify the proposed changes in the Work, Contract Price , and Contract Time. Each request must include all the suppot1ing documentation , including but not limited to plans/drawings, detailed cost estimates , and impacts on schedule and completion date . 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein , directly or indirectly , by operation of law or otherwise, without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Contract and subject to City approval, which shall not be urneasonably withheld . Control means fifty percent (50%) or more of the voting power of the business entity . This Contract is binding on Contractor, its heirs , successors and petmitted assigns Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $6 0,000 /Rev . Jan . 02 , 2019 Page 2 of 11 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 Cupe1iino " must be displayed in all pieces of publicity, flyers , press releases , posters , brochures, interviews, public service announcements and newspaper aiiicles. 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 perfonn up to 25 % of the Work, provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor 's Work falls shmi of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor 's Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor-must maintain daily repo1ts of the Work and submit them to City upon request and at completion of Project. The repo1is must describe the Work and specific tasks perfmmed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting perfmmance. City will have ownership of the repo1is , but Contractor will be pe1mitted to retain copies . 10.2 If applicable , Contractor must keep a separate set of as-built drawings showing changes and updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must be identified for all major components of the Work, including mechanical , electrical and plumbing work; HV AC systems; utilities and utility connections; and any other components City detennines should be included in the final drawings of the Project. Deviations from the original drawings must be shown in detail , and the location of all main runs , piping, conduit , ductwork, and drain lines must be shown by dimension and elevation . 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles , which must be available for City review and audit, kept separate from other records , and maintained for four years from the date of City 's final payment. Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $60 ,000 !Rev . Jan . 02 , 2019 Pa ge 3 o f 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel , Contractor shall indemnify , defend, and hold hannless City, its City Council , boards and commissions, officers , officials, employees, agents, servants , volunteers and consultants ("Indemnitees "), through legal counsel acceptable to City , from and against any and all liability, damages, claims, stop notices, actions, causes of action, demands , charges , losses and expenses (including attorney fees , legal costs and expenses related to litigation and dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in any manner relating to any of the following: (a) Breach of contract, obligations , representations or warranties ; (b) Perf01mance or nonperf01mance 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 perfo1med on or off the Project Site; and (d) Personal injury, property damage , or economic loss resulting from the work or perfo1mance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision . Contractor must accept a tender of defense upon receiving notice from City of a third-patty 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 constmed to give rise to any implied right of indemnity in favor of Contractor against City or any other Indemnitee . 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Contract, a purchase order or other transaction . 12. INSURANCE Contractor shall comply with the Insurance Requirements , attached and incorporated here as Exhibit B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or longer as required by City . City will not execute the Contract until City has approved receipt of 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 te1minating the Contract. Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $60 ,000 /Rev . Jan. 02 , 2019 Page 4 o f 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 perfonn. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of $1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775, which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation . The prevailing wage rates are on file with the City Engineer 's office and are available online at http ://www .dir.ca .gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812 , and electronically submit them to the Labor Commissioner as required by the regulations of California, Depa11ment of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring , Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $ 200.00 per worker for each day of violation. ( c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as follows : "I am aware of Labor Code Section 3700 which requires every employer to be insured against liab ility for workers ' compensation or to unde11ake self-insurance in accordance with the provisions of that code , and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race , religious creed, color, ancestry , national origin, ethnicity, handicap, disability , marital status, pregnancy, age , sex, gender, sexual orientation, gender identity , Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification . Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735 , 1777 and 3077 .5 . Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated . Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $60,000 /Rev. Jan . 02 , 2019 Page 5 of 11 13.4 Conflicts of Interest. Contractor, its emp lo yees, subcontractors , servants and agents , may not have, maintain or acquire a conflict of interest in relation to this Contract in violation oflaw, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations. No officer, official , employee, consultant, or other agent of the City ("City Representative ") may have , maintain, or acquire a "financial interest" in the Contract, as that tenn 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 wan-ant they are not employees of City or have any relationship with City officials, officers or employees that creates a conflict of interest. Contractor may be required to file a conflict of interest form if it makes ce11ain governmental decisions or serves in a staff capacity, as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rnles governing gifts to public officials and employees. 13.5 Remedies. Any vio lation of Section 13 constitutes a material breach and may result in City suspending payments , requiting reimbursement, or tenninating the Contract. City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS For contracts of $25,000 or more, Contractor must obtain a payment bond and a perfonnance bond , each in the penal sum of 100% of the Contract Price, using the Bond Fo1ms 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 high er, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so , City may in its sole discretion and without prior notice, purchase bonds at Contractor 's expense , deduct the cost from payments due Contractor, or tenninate 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 Ale11 ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service ale11s 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 Government Code Section 7104, Contractor must stop work, notify City in writing , and wait for instructions if one of the conditions below is found at the worksite . City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Perfo1mance , Contract Time or Contract Price . (a) Material believed to be hazardous waste under Health and Safety Code Section 25117 , and which requii-es removal to a Class I , Class II, or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksit e differing from those indicated by info1mation about the worksite made available to Contractor ; and Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $60,000 !Rev. Jan . 02 , 2019 Page 6 of 11 (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 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 commencing 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 st01m 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 necessaiy to dampen the dust. Contractor will take all steps necessaiy to keep wash water out of the streets, gutters and st01m drains. Prior to the sta1i of the Work, Contractor will implement erosion and sediment controls to prevent pollution of sto1m drains, and must upgrade and maintain these controls based on weather conditions or as othe1wise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of constluction and completion of the Work. Such controls must include , but will not be limited to, the following requirements: (a) Install sto1m drain inlet protection devices such as sand bag ban-iers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slmTy and remove from the Work site; (b) Cover exposed piles of soil or constluction material with plastic sheeting . Store all construction materials in containers; ( c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and sto1m drains prior to rain and at the end of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water offsite in lawful manner; ( d) After breaking old pavement, remove debris to avoid contact with rainfall/runoff; ( e) Maintain a clean work area by removing trash, litter, and debris at the end of each work day and 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 from municipalities, and any other applicable documents on st01mwater quality conti·ols for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices, citations, Work stop orders and regulato1y fines. Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Lia ht Infrastructure Repairs Public Works Contract $60 ,000 /Rev . Jan . 02, 2019 Page 7 o f 11 17. PROJECT COORDINATION City Project Manager. City assigns Brad Alexander as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Brent Paulson ___________________ as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or pat1s therefor at any time . Contractor will be compensated for satisfactory Work perfo1med through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in wtiting, the time spent in closing out the Work will be compensated up to 10% of the total time expended in perfonning the Work. 18.2 City may tenninate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the te1mination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, ab1idge or bar City's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of Califo1nia. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the Califo1nia Government Code. If the Parties elect arbitration, the arbitrator's award must be suppo11ed by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing patty will be entitled to reasonable attorney fees and costs. Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Publi c Works Contract $60 ,000 /Rev . Jan. 02 , 2019 Page 8 o f 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City 's prope1ty , except signage which is required by law or by the Contract, without City 's prior written approval as to size, design and location . 22. THIRD PARTY BENEFICIARIES There are no intended third pa1ty beneficiaries of this Contract. 23 . WAIVER Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision . City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor wan-ants that materials and equipment used will be new, of good quality , and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or materials. All Work, mate1ials and equipment should pass to City free of claims , liens or encumbrances. Contractor waii-ants the Work and materials for one year from the date of City's acceptance of the Work as complete ("Wan-anty Pe1iod "), except when a longer guarantee is provided by a supplier, manufacturer or is required by this Contract. During the W aiTanty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor 's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27_. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached , referenced, or expressly incorporated herein , including autho1ized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract te1ms will control. 28. SEVERABILITY IP ARTIAL INVALIDITY If a comt finds any te1m or provision of this Contract to be illegal, invalid or unenforceable, the legal p01tion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all wan-anties , indemnities, payment obligations , insurance and bonds , shall remain in full force and effect after the Work is completed or Contract ends . Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $60,000 /Rev. Jan. 02 , 2019 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be infetTed herein . Either party may request an amendment to cure mistaken insetiions or omissions of required provisions. 30. CAPTIONS The captions , titles, and headings in this Contract are for convenience only and may not be used in the constmction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterpatis, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: 10300 TotTe Avenue, Cupe1iino CA 95014 Attention: Brad Alex ande r Copy to : Carl Valdez Email: brada@ cupertino.org 30. VALIDITY OF CONTRACT To Contractor: BEAR Electrical Solutions Attention: Robe rt A suncion Copy to: Brent Paulson Email : robert@bear-electrical.com This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupetiino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and (c) is approved for f01m by the City Attorney 's Office . 32. EXECUTION The persons signing below watTant they have the authority to enter into this Contract and to legally bind their respective Patties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313 . Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $60 ,000 /Rev . Jan . 02 , 2019 Page 10 o f 11 IN WITNESS WHEREOF , the patiies have caused this Contract to be executed as of the Ex ecution Date first above written . CONTRACTOR BEAR Electrical Solutions Corooration By ~~ Titl e: Vice President Signature Date: e,J 'ZS\ IC, APPROVED AS TO FORM: By: HEATHER M. MINNER Cupe1iino City Attorney ATTEST: CITY OF CUPERTINO, a Municipal Corporation By ~_d;2 :fimn'ri1i'tTI"'"""""'-R o ge.. r Le. e.. A-c..fiAC) Title:l)irector of Public Works Signature Date: ------;,J-"7'"?/4~2~'8=-, 1 __ h~/~7 _____ _ Public Works Project Bollinger Rd/De Anza Blvd & Vista Dr Street Light Infrastructure Repairs Public Works Contract $60 ,000 /Rev. Jan . 02 , 2019 Page 11 of 11 BES ~••\ EXHIBIT A Contractors License No. 982079 A -General Engineering C-10 High Voltage Electrical LBE# CMD121616779/ SBE# 1752478 BEAR ELECTRICAL SOLUTIONS 1341 A rcher Street, PO Box 924, Alviso, CA 95002-0924 Tel: 408-449-5178 Fax 408-449-5147 DATE: FROM: PHONE : FAX: November 6, 2018 Brent Paulson (4 08)449-5178 (408 ) 449-5147 PROPOSAL TO: COMPANY: PHONE : EMAIL: Brad Alexander City of Cupertino (408) 777-3 275 BradA@cupertino.org BID/ PROJECT: Bollinger Rd & DeAnza Blvd Streetlight Infrastructure Improvements BES received a request for pricing to provide electrical labor and equipment for the following scope of work: QUOTE: -Install approx . 300 feet of 1.5 inch PVC conduit Via Directional Bore from Pole 24311 to 24310 on Bollinger Ave at DeAnza Blvd -Pothole for existing Utilities -Set Qty (1) new N9 Pullbox adjacent to pole 24310 in sidewalk and intercept direct bury streetlight conductors -Install No .8 Conductors in newly installed conduit and splice per city standard -Restore damaged asphalt and Sidewalk -Test and verify Proper operation . 1. Provide and install all labor and equipment to complete the electrical scope of work referenced above . Bollinger Rd & DeAnza Blvd Streetlight Infrastructure Improvements: EXCLUSIONS: Streetlight Poles Lighting Fixtures Bonds, Licenses, and Permits TERMS & CONDITIONS l. ACCEPTANCE $25,950.00 BES (also referred to as Bear Electrical Solutions or Contracto r) proposal/ contract shall accompany the Customer's Purchase Order, Work Order or Contract in order to va lid ate the bid proposal . It is understood that the issuance of a work order, purchase order, co ntract , verbal direction or other written request for delivery or commencement of work by the customer indicates the Customer's acceptance of this proposal/ contract in w ho le. 2 BILLING TERMS Payment for services rendered is due in fu ll upon receipt of in voice . Invoices sha ll be payable in full. Ob li gation of Customer to pay BES is independent from and unrelated to other obligations owed between Customer and BES and /o r BEAR ELECTRICAL SOLUTIONS, INC Electrical Contractors -Contractors' License No. 982079 BES ~''" EXHIBIT A BEAR ELECTRICAL SOLUTIONS I 341 Archer Street, PO Box 924, A lviso, CA 95002-0924 Tel: 408-449-5178 Fax 408-449-5147 Contractors License No. 982079 A -General Engineering C-10 High Voltage Electrical LBE# CMD121616779/ SBE# 1752478 Customer and any other party. This proposal is based on rates in effect at the date of our initial proposal and is subject to any increase that my come into effect 30 days or more after the initial date quoted . 3. EXTRA WORK BES w ill not perform any extra work or modifications outside of this proposal unless agreed to in writing by change order to this proposal/contract or written approval. 4. ALTERAT IONS: BES sha ll be held harmless for fines , citations, injuries and property damage that results from our electrica l work being altered from its original design. 5. INDEMNIFI CATION: Th e customer agrees to fully indemnify and hold harmless BES from al l claims, costs , actions, damages, li abi litie s and expense, including reasonable attorney's fees , which may be brought or made against BES , which in any way arise out of, or by any reason of, the use or misuse of BES 's equipment rented hereunder, excepting only such actions, claims , costs , damages , liabilities and expenses resulting from the sole neg li gence of BES . The intent hereof is that Customer sha ll 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 counterparts , each of which shall be deemed an orig inal , but all of which together sha ll constitute one and the same instrument. If any provision of th is Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or in valid , that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The failure of either party to act in the event of a breach of this Agreement by the other sha ll not be deemed a waiver of such breach or a waiver of future breaches , unless such waiver shall be in writing and signed by the party against whom enforcement is sought. This Agreement constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Agreement. Any amendment or modification of this Agreement shall be in writing and executed by a du ly authorized representative of the parties. In any action brought a party hereto to enforce or interpret thi s Agreement, the prevailing party shal l be entitled to the award of its attorneys' fees and costs in addition to such other relief as may be awarded BES would like to thank you for the opportunity to provide you with this proposal. Please give us a call with any questions or concerns. QUOTE PREPARED BY: BEAR ELECTRICAL SOLUTIONS, INC Brent Paulson Office: (408) 449-5178 Brent@bear-electrica I .com BEAR ELECTRICAL SOLUTIONS, INC Electrical Contractors -Contractors' License No . 982079 APPROVED SIGNATURE PRINTED NAME and DATE ees ~••\ EXHIBIT A Contractors License No. 982079 A -General Engineering C-10 High Voltage Electrical LBE# CMD121616779/ SBE# 1752478 BEAR ELECTRICAL SOLUTIONS 1341 A rcher Street, PO Box 924, A lviso , CA 95002-0924 Tel: 408-449-5178 Fax 408-449-5147 DATE: FROM: PHONE: FAX: November 6, 20 18 Brent Paul so n ( 408) 449-5178 (408) 449-5147 PROPOSAL TO : COMPANY : PHONE : EMAIL: BID/ PROJECT: 10220 Vista Drive Streetlight infrastructure improvements Brad Alexander City of Cupertino (408) 777-3275 BradA@cupe1iino .org BES received a request for pricing to provide electrical labor and equipment for the following scope of work: -Install New N9 pullbox adjacent to pole 10220 and intercept existing direct bury cable -Install 1.5 inch conduit Via open trench approximately 10ft from newly installed pull bo x to existing PGE sub box . -Install No.8 Conductors and splice per city standard QUOTE : l. Provide and install all labor and equipment to complete the electrical scope of work referenced above. 10220 Vista Drive Streetlight infrastructure improvements: EXCLUSIONS: Streetlight Poles Lighting Fixtures Wire and terminations Bonds, Licenses, and Permits TERMS & CONDITIONS 1. ACCEPTANCE $2,950.00 BES (also referred to as Bear Electrical Solutions or Contractor) proposal/ contract sha ll accompan y the Customer's Purcha se 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, verbal direction or other written request for de li very or commencement of work by the cu stomer 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 vo ice . Invoices sha ll be payable in full. Ob li gation 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 rat es in effect at the date of our initial proposal and is subject to any in crease that my come into effect 30 days or more after the initial date quoted . 3. EXTRA WORK BEAR ELECTRICAL SOL UTIONS, INC Electrical Contractors -Contractors' License No. 982079 BES ~••\ EXHIBI A BEAR ELECTRICAL SOLUTIONS 1341 Arc/1er Street, PO Box 924, Alviso, CA 95002-0924 Tel: 408-449-5178 Fax 408-449-5147 Contractors License No. 982079 A -General Engineering C-10 High Voltage Electrical LBE# CMD121616779/ SBE# 1752478 BES w ill not perform any ext ra work or modifications o utside of this proposal unless agreed to in w riting by change order to this proposal/contract or written approval. 4. ALTERAT IONS: BES shall be held harml ess for fines , citations, injuries and property damage that re sults from our electrical work being altered from its original design. 5. IN DEMNIFICAT ION: The customer agrees to fully indemnify and hold harmless BES from all claims , costs , actions, damag es, liabilities and expense, including reasonable attorney's fees, which ma y be brought or made against BES , which in any way arise out of, or by any rea son of, the use or misuse of BE S's equipment rented hereunder, excepting only such actions, claims, costs , damage s, liabilities and expenses result ing from th e sole negligence of BES. Th e intent hereof is that Customer shall f ully ind em nify and ho ld harmless BES to th e maximum extent all owed by law. 6 . GENERAL: This proposal/contract (the "Agreem ent") may be signed in two or more counterparts, each of which shall be deemed an original, but all of w hich together shall constitute one and the same instrument. If any provision of this Agreement shall be adjudged by any court of competent jurisdi ct ion to be un enforceable or invalid, that provision shal l be limited or elimin ated to the minimum extent necessary so that thi s Agreement shall otherwise rema in in full force and effect and enforceable. The failure of either party to act in the event of a breach of this Agreement by the other sha ll not be deemed a waiver of such breach or a waiver of future brea ches , unless such waiver shall be in writing and signed by the party again st w hom enforcement is sought. Thi s Agree ment cons titutes the entire agreement and understanding of the parties w ith re spect to th e subject matter of this Agreement. Any amendment or modification of th is Agreement shall be in writing and executed by a dul y authorize d representative of the parties . In any action brought a party hereto to enforce or interpret this Agreement, the prevailing party shall be entitled to the award of its attorneys' fee s and costs in addition to such other relief as may be awarded BES would like to thank you for the opportunity to provide you with this proposal. Plea se give us a ca ll with any questions or concerns. QUOTE PREPARED BY: BEAR ELECTRICAL SOLUTIONS, INC Brent Paulson Office: (408) 449-5178 Brent@bea r-electrica I .com BEAR ELECTRICAL SOLUTIONS, INC Electrical Contractors -Contractors' License No. 9B2079 APPROVED SIGNATUR PRINTED NAME and DATE AMENDMENT TO EXHIBIT A OF THE AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BEAR ELECTRICAL SOLUTIONS FOR BOLLINGER RD, DE ANZA BLVD AND VISTA DR STREET LIGHT INFRASTRACTURE SYSTEM l11is Amendment to Exhibit A of the Agreement between the City of Cupertino and BEAR Electrical Solutions, for reference dated 2/18/2019 , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and, a Corporation ("Consultant") whose address is and is made with reference to the following: RECITALS : A. On 2/18/2019 , an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for Streetlight Infrastructure Improvements at Bollinger Rd/De Anza Blvd . and Vista Dr. The agreement will expire on 5/20/2019. B. The Agreement and the Amendment to Exhibit A are collectively referred to as the "Agreement" unless otherwise indicated . C. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein . NOW , THEREFORE, it is mutually agreed by and between and undersigned parties as follows : 1. Exhibit A is amended to add the following provision : To the extent that any tenn , clause, or provision of this Exhibit A conflicts with an y other tenn, clause , or provision of the contract ("Contract Terms") the Contract Terms shall prevail and be controlling. 2 . Except as e x pressly modified herein , all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed . City Attorney AT TE ST ; ~~--"' fbr City Clerk PUBLIC WORKS CONSTRUCTION CONTRACTS 'Small Projects -$60,000 Insurance Requirements: Exhibit B Contractor shall procure and maintain for the duration of the contract, and for five years following th e completion of th e Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the perfom1ance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors . MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an . _ 'tJ\"occurrence" basis, written on a comprehensive gen eral liability form , and must include coverage for liability '(0 'a rising from Contractor 's or Subcontractor 's acts or omissions, including Contractor 's protected coverage, blanket contractual, products and completed operations , vehicle coverage and employer's non-ownership liability coverage, with limits of at least $2,000,000 p er occurrence . Th e CGL policy must protect against any and all iability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate lin1it shall be twice the required occurrence limit. a . It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b . Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The lin1its of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements 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-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2 . Automobile Liability: ISO Form CA 00 01 cove1ing 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 less than $1,000,000 per accident for bodily ' '{ " injury and property damage. 3 . Workers' Compensation: As required by the State of California, with Statutory Limits, and t.J\ Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise 1,X 'required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Pennission to Self-Insure, duly authorized by the DIR. D N /A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate . ~ N IA if box checked (Contract is not design/build). 5 . Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. ~ N IA if box checked (Proj ec t does not involve construction or improvements/installations to property). In s urance R equirements for Construction Contracts -$60 ,000 Vers ion : Jan. 2019 ✓ 6. Contractors' Pollution Legal Liability and /or Asbestos Legal Liability and/or En-ors and Omissions with limits no less than $1,000,000 per occun-ence or claim, and $2,000,000 policy aggregate. ~ N IA if box checked (P roject do es not involv e environmen tal ha z ards). 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 limits 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. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or eliminate self-insured retentions as respects City, its officers , officials , 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: Additional Insured Status The City of Cupertino, its City Council , officers , officials , employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials , parts, or equipment furnished. Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through 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. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 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, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the fonn 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-risk coverage on a 100 % completed value basis on the insurable 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 its sole discretion , to accept an Installation Floater policy instead of Builder's Risk. For such projects , the Property Installation Flo ater shall include improvement , remodel , modification, alteration, conversion or adjustment to existing buildings , structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit , installation , and testing at the City 's site. Insuran ce R equirem ents for Con str uction Contra cts -$60 ,000 Ve rsion : Jan. 2 019 2 Waiver of Subrogation Each required policy must include an endorsement providing that the earner agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor 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 subrogation in favor of the City for all work perfo1med by the Contractor, its employees, agents and subcontractors . ~ ~ Acceptability of Insurers ~\ Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each 1/;;,.'(!-insurer must have an A.M. Best's financial strength rating of "A" or better and a financial size rating of"VII" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All cetiificates and endorsements are to be received and approved by the City before work commences . The City reserves the right to require complete, cetiified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Contractor shall require and verify that all 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 form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents . The Payment and Perfom1ance Bonds shall be in a sum equal to the Contract Price. If the Performance 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, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Special Risks or Circumstances City reserves the right to modify these requirements , based on the nature of the risk, prior experience, insurer, coverage, or other circumstances. Insuranc e R equi rement s for Construction Contracts -$60,000 Version: Jan. 2019 3 Hartford Underwriters Insu rance Company A.M. Best#: 002232 NAIC #: 30104 FEIN#: 061222527 Domiciliary Address One Hartford Plaza Hartford, CT 06155-0001 United States Web: www.thehartford .com Phone: 860-54 7-5000 Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations . View additional news, reports and products for this company. Based on A.M. Best's analysis , 058707 -Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure . Best's Credit Ratings Financial Strength Rating View Definition Rating: Affiliation Code: /\+ (Superior) p (Pooled} Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed August02,2018 June 30, 1926 Long-Term Issuer Credit Rating View Definition Long-Term: Outlook: aa- Stable Action: Effective Date: Affirmed August02 ,2018 Initial Rating Date: July 14, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: AM. Best Rating Services , Inc . Senior Financial Analyst: Jonathan Harris , CFA, FRM, CPCU Senior Director: Michael J . Lagomarsino, CFA, FRM Note : See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. --. ----------------------- Disclosure Information ----------------------------• Disclosure Information Form View A .M . Best's Rating Disclosure Form Press Release A .M . Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co August02,2018 ~ ----·-~ -------·------··----·-· ------·- Rating History AM. Best has provided ratings & analysis on this company since 1926. Financial Strength Rating Effective DateRating 8/2/2018 A+ 7/7/2017 A+ 6/17/2016 A+ 5/1/2015 A+ 4/3/2014 A Long-Term Issuer Credit Rating Effective DateRating 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1/2015 aa- 4/3/2014 a+ Best's Credit Reports \Q Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 3/1/2019 (represents the latest significant change). Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Aug 02, 2018 Jul 07, 2017 Jun 17, 2016 May 01, 2015 Apr 03, 2014 Mar 01, 2013 Mar 21, 2012 Apr 12, 2011 f\ A :J d '.7010 A.M . Best Affirms Credit Ratings ofThe Hartford Fin Svcs Group and P/C Subs; Upgrades ICR of Hartford Life and Accident Ins Co A.M . Best Affirms Credit Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries A.M . Best Affirms Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries A.M . Best Upgrades Ratings of The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries A.M . Best Revises Outlook to Positive for The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries A.M . Best Affirms Ratings of Hartford Financial Services Group and Its P/C Subsidiaries and Downgrades Ratings of Hartford Life A.M . Best Places Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Under Review A.M. Best Revises Outlook to Stable for The Hartford Financial Services Group, Inc. and Its Key Life /Health Subsidiaries f\ & A O ,+, Au·,.. D +· L TL I I d:& nl C' IC C c-1 U. C L ·.,1· . ,.., 1 2 Page size: 10 20 items in 2 page s Find a Best's Credit Rating ' Enter a Company Name Advanced Search European Union Disclosures How to Get a Besf s Credft Rati ng ri:.;\ \el B. e.sf s Cred it Ratin gs @· . o· Mot>il'e App A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M . Best Rating Services , Inc ., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore , Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC . A.M . Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M . Best Rating Services, Inc., is an External Credit Assessment (ECAI) in the EU . Therefore , credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC . Australian Disclosures A.M . Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No .150375287), is a limited liability company incorporated and domiciled in Hong Kong . AMBAP is a wholesale Australian Financial Services (AFS) Licence holder (AFS No . 411055) under the Corporations Act 2001. Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product , including insurance policies and are not a recommendation to be used to make investment /purchasing decisions . Important Notice : A.M . Best's Credit Ratings are independent and objective opinions , not statements of fact. A.M. Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice . A .M. Best 's credit opinions are not recommendations to buy, sell or hold securities , or to make any other investment decisions. For additional information regarding the use and limitations of cred it rating opinions, as well as the rating process, information requirements and other rating related terms and definitions , please view Understanding Best's Credit Ratings. About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright © 2019 A.M. Best Company, Inc . and/or its affiliates ALL RIGHTS RESERVED. Hartfo cd Eire Insurance Company A.M. Best#: 002231 NAIC #: 19682 FEIN#: 060383750 Domiciliary Address One Hartford Plaza Hartford, CT 06155-0001 United States Web: www.thehartford.com Phone: 860-54 7-5000 Assigned to insurance companies that have , in our opinion, a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A .M. Best's analysis, 058707 -Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: Affiliation Code: + (Superior) p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed August02,2018 December 31, 1907 Long-Term Issuer Credit Rating View Definition ------ Long-Term: Outlook: aa- Stable Action: Effective Date: Affirmed August02,2018 Initial Rating Date: July 14, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M . Best Rating Services, Inc. Senior Financial Analyst: Jonathan Harris, CFA, FRM, CPCU Senior Director: Michael J. Lagomarsino, CFA, FRM Note : See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. Disclosure Information Disclosure Information Form 1 View A .M. Best's Rating Disclosure Form Press Release A.M . Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs ; Upgrades ICR of Hartford Life and Accident Ins Co August02 ,2018 Rating History A .M. Best has provided ratings & analysis on this company since 1907 . Financial Strength Rating ------------------------------------ Effective DateRating 8/2/2018 A+ 7/7/2017 A+ 6/17/2016 A+ 5/1/2015 A+ 4/3/2014 A Effective DateRating 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1/2015 aa- 4/3/2014 a+ Related Financial and Analytical Data The following links provide access to related data records that A.M . Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name 087049 Hartford Fire Insurance Company CAB Best's Credit Reports Company Description Represents the Property/Casualty financials for the Canada Branch of this legal entity. ~::,l Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data . Report Revision Date: 3/1/2019 (represents the latest significant change). \f_j Historical Reports are available in Best's Credit Report Archive. View additional news, reports and products for this company. Press Releases Date Aug 02, 2018 Jul 07 , 2017 Jan 18, 2017 Jan 03, 2017 Jun 17 , 2016 Mar 18 , 2016 May 01 , 2015 Apr 03 , 2014 A.M . Best Affirms Credit Ratings of The Hartford Fi n Svcs Group and P/C Subs ; Upgrades ICR of Hartford Life and Accident Ins Co A.M . Best Affirms Credit Ratings of The Hartford Financial Services Group , Inc. and Its Subs idi aries A.M. Best Removes From Under Review and Upgrades Credit Ratings of Ma xum Indemnity Company and Ma xum Casualty In surance Company A.M . Best Comments on Credit Ratings of The Hartford Fin anci al Services Group Follo wing Transaction with National Indemnity Co . A.M . Best Affirms Ratings of The Hartford Fina nc ial Services Group, Inc. and Its Subsidiaries A.M . Best Places Ratings of Members of the Ma xum Specialty Insurance Group Under Review with Positive Impli cat ions A.M. Best Upgrades Ratings of The Hartford Financial Service s Group , In c. and Its Property/Casualty Subsidiaries I A.M . Be st Revises Outlook to Positive for The Hartford Fin ancial Services Group, Inc. and It s Property/Casualty Subsidiaries ,,.. j "A 01 '1 0 1? A &A D +A ll' D +· & I I =4,,l cl c · . IC 1 2 3 Page size : 10 Find a Best's Credit Rating Enter a Company Name Advan ced Search European Union Disclosures How to Get a Best's Credit Rating Be·s·t'.'s Cred. it Ratings @ Mobile App C I I+ DIC C . I ' . 24 items in 3 pages [~] A.M. Be st -Europe Ratin g Services Limited (AMBERS), a subsidiary of A .M . Best Ra ting Services , In c., is an External Credit Assessment Institution (ECAI} in the Europ ea n Uni o n (EU). Therefore , Credit Ratings issued and endorsed by AMBERS may be used for regulat ory purposes in the EU as per Directive 2006/48/EC . A.M . Best (EU) Ra ting Services B.V. (AMB-EU), a subsidiary of A.M . Best Rating Servi ces , Inc., is an External Credit Assessment (ECAI} in the EU . The refore, c redit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directiv e 2006/48/EC. Australian Disclosures A .M. Be st Asia-Pacific Limited (AM BAP ), Australian Registered Body Number (ARBN No .150375287), is a limited liability company in corporated and domiciled in Hong Kong . AMBAP is a wholesale Au stra lian Financial Services (AFS) Licence holder (AFS No . 411055) under the Corporations Act 2001 . Credit ratings emanati ng from AMBAP are not inten ded for and must not be distributed to any person in Australia other than a who lesale cl ient as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third -party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesal e cli e nts only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any spe cifi c credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product , including insurance policies and are not a recommendation to be used to make investment /purc hasing de c isions . Important Notice : A .M . Best 's Credit Ratings are independent and obje ctive opinions, not statements of fa ct. A.M. Best is not an Investment Adv isor, does not offer investment advice of any kind, nor do es the company or its Ratings Analysts offer any form of structuring or financial advi ce . A .M. Best's credit opinions are not recommendations to buy, sell or hold securities , or to make any other investment decisions . For additional information regarding the use and limitations of credit rating opinions, as well as the rating process , information requirements and other rating related terms and definitions , please view Understanding Best's Credit Ratings. About Us I S ite Map I Customer Servi ce I My Account I Contact I Careers I Terms of Use I Priva cy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright © 2019 A .M. Best Company, Inc . and/or its affiliates ALL RIGHTS RESERVED . Hartford Casualty In surance Company A.M. Best#: 002229 NAIC #: 29424 Administrative Office One Hartford Plaza Hartford , CT 06155-0001 United States Web: www.thehartford .com Phone: 860-547-5000 FEIN #: 060294398 View Additional Address Information Assigned to insurance companies that have, in our opinion , a superior ability to meet their ongoing insurance obligations. View additional news, reports and products for this company. Based on A .M. Best's analysis, 058707 -Hartford Financial Services Group Inc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure . View a list of operating insurance entities in this structure . Best's Credit Ratings Financial Strength Rating View Definition Rating: Affiliation Code: A+ (Superior) p (Pooled) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: Affirmed August02 ,2018 June 30, 1930 Long-Term Issuer Credit Rating View Definition Long-Term: Outlook: aa- Stable Action: Effective Date: Affirmed August02,2018 Initial Rating Date: July 14, 2005 u Denotes Und er Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M. Best Rating Services, Inc. Senior Financial Analyst: Jonathan Harris, CFA, FRM, CPCU Senior Director: Michael J . Lagomarsino, CFA, FRM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. -------l Disclosure Information Disclosure Information Form View A.M. Best's Rating Disclosure Form Press Release A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs ; Upgrades ICR of Hartford Life and Accident Ins Co August02,2018 Rating History A.M . Best has provided ratings & analysis on this company since 1930. Financial Strength Rating >--------- Effective DateRating 8/2/2018 A+ 7/7/2017 A+ 6/17/2016 A+ 5/1/2015 A+ 4/3/2014 A r ----- Long-Term Issuer Credit Rating I ~ ---------·---------------· --- - ---i Effective DateRating 8/2/2018 aa- 7/7/2017 aa- 6/17/2016 aa- 5/1/2015 aa- 4/3/2014 a+ Best's Credit Reports \f'.] Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data . Report Revision Date: 3/14/2019 (represents the latest significant change). ~1 Historical Reports are available in Best's Credit Report Archive. ~ View additional news , reports and products for this company. Press Releases Aug 02 , 2018 Jul07,2017 Jun 17 , 2016 May 01 , 2015 Apr 03 , 2014 Mar 01, 2013 Mar21,2012 Apr 12 , 2011 fd JA :J010 A.M. Best Affirms Credit Ratings of The Hartford Fin Svcs Group and P/C Subs ; Upgrades ICR of Hartford Life and Accident Ins Co A.M. Best Affirms Credit Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries A.M. Best Affirms Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries A.M. Best Upgrades Ratings of The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries A.M . Best Revises Outlook to Positive for The Hartford Financial Services Group, Inc. and Its Property/Casualty Subsidiaries A.M. Best Affirms Ratings of Hartford Financial Services Group and Its P/C Subsidiaries and Downgrades Rating s of Hartford Life A.M . Best Places Ratings of The Hartford Financial Services Group, Inc. and Its Subsidiaries Under Review A.M . Best Revises Outlook to Stable for The Hartford Financial Services Group, Inc. and Its Key Life/Health Sub sidiaries A r,, A D + AU' D +,' £ T L I I ,+.! d C ' I C C cl I+ C L ',J' ' L .... 1 2 Page size: 10 20 items in 2 pages Find a Best's Credit Rating Enter a Company Name Advanced Search I I I I European Union Disclosures How to , 'Get a Best's Credrt Rating @ Best's Credtt Rating s @o MoD il eApp A.M . Best -Europe Rating Services Limited (AMBERS), a subsidiary of A .M. Best Rating Services, Inc., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore, Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC . A .M. Best (EU) Rating Services B.V. (AMB-EU), a subsidiary of A.M. Best Rating Services, Inc ., is an External Credit Assessment (ECAI) in the EU. Therefore, credit ratings issued and endorsed by AMB -EU may be used for regulatory purposes in the EU as per Directive 2006 /48/EC . Australian Disclosures A .M. Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No .150375287), is a limited liability company incorporated and domiciled in Hong Kong. AMBAP is a wholesale Australian Financial Servi ces (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001 . Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not author ize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial produ ct. AMBAP Credit Ratings are intended for wholesale clients only, as defined. Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product , including insurance policies and are not a recommendation to be used to make inv estment /purchasing decisions . Important Notice : A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A.M . Best is not an Investment Advisor, does not offer investment advice of any kind, nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A.M. Best 's credit opinions are not recommendations to buy, sell or hold securities , or to make any other investment dec isions. For additional information regarding the use and limitations of credit rating opinions, as well as the rating process , information requirements and other rating related terms and definitions , please view Understanding Best's Credit Ratings . About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Se c urity I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright © 2019 A.M . Best Company, Inc . and/or its affiliates ALL RIGHTS RESERVED . A G E American Insurance Company A.M. Best#: 002257 NAIC #: 22667 FEIN #: 952371728 Mailing Address View Additional Address P.O. Box 1000 Information Philadelphia , PA 19106 United States Web: www.chubb.com Phone: 215-640 -1000 Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations . View additional news, reports and products for this company. Based on A.M . Best's analysis, 058303 -Chubb Limited is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure. View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: Affiliation Code: A++ (Superior) g (Group) Financial Size Category: XV ($2 Billion or greater) Outlook: Stable Action: Effective Date: Initial Rating Date: ~------- Affirmed December 13, 2018 June 30 , 1951 I Long-Term Issuer Credit Rating View Definition ,......_ ----------- Long -Term: Outlook: aa+ Stable ----------- Action: Affirmed Effective Date: December 13 , 2018 Initial Rating Date: August 16, 2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Office: A.M . Best Rating Services , Inc. Senior Financial Analyst: Gregory Dickerson Director: Jennifer Marshall, CPCU, ARM Note: See the Disclosure information Form or Press Release below for the office and analyst at the time of the rating event. ------.. Disclosure Information Disclosure Information Form View A.M . Best's Rating Disclosure Form Press Release AM Best Affirms Credit Ratings of Chubb Limited and Its Subsidiaries December 13, 2018 Rating History A.M . Best has provided ratings & analysis on this company since 1951 . Financial Strength Rating Effective DateRating 12/13/2018 A++ 10/5/2017 A++ 6/22/2016 A++ 7/2/2015 A++u 4/30/2015 A++ 4/11/2014 A++ ---- Long-Term Issuer Credit Rating ------------- ------- -----I Effective DateRating 12/13/2018 aa+ 10/5/2017 aa+ 6/22/2016 aa+ 7/2/2015 aa+u 4/30/2015 aa+ 4/11/2014 aa+ Related Financial and Analytical Data The following links provide access to related data records that A.M. Best utilizes to provide financial and analytical data on a consolidated or branch basis. AMB # Company Name 091291 ACE American Insurance Company (BHB) 093314 ACE American Insurance Co Korea (KRB) Best's Credit Reports Company Description Represents the Property/Casualty financials for the Bahrain Branch of this legal entity. Represents the Property/Casualty financials for the South Korea Branch of this legal entity. (1 Best's Credit Report -Where applicable , includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary, detailed business overview and key financial data. Report Revision Date: 12/13/2018 (represents the latest significant change). , ~ Historical Reports are available in Best's Credit Report Archive. , _ _J View additional news, reports and products for this company. Press Releases Dec 13 , 2018 Oct 05 , 2017 i Jun 22, 2016 Jul 02, 2015 Apr 30 , 2015 Apr11 ,2014 Jun 14, 2013 Jun 12 , 201 2 Jun 21, 2011 Feb 16, 2011 1 2 AM Be st Affirm s Credit Rating s of Chubb Limited and Its Sub sidiari es A .M . Best Affirm s Credit Ratings of Chubb Limited and Its Sub sidiaries A .M. Best Removes From Under Re v iew and Affi rm s Rating s of Chubb Limited and Most of Its Subsid iari es A.M . Best Pla ces Ratings of ACE Limited and Its Sub sidiaries Und er Revie w With Negative Implications A.M. Best Affirm s Rating s for Sub sidiaries of ACE Limited A.M. Best Upgrad es Rating s for Most Sub sidiari es of ACE Limited A.M . Best Revis es Outloo k to Positi ve for ACE Limited and Most of Its Sub sidiaries A.M . Best Affirm s Rating s of ACE Limited and Its North Ame rica Property and Casualty Affiliates A.M . Best Upgrades Issuer Credit Ratings of ACE Limited and Its Sub sid iaries A.M . Best Upgrades Ratings of Agri General In surance Company Page si ze: 10 15 items in 2 pages Find a Best's Credit Rating I Enter a Company Nam e I ·---·--------- Advanced Search European Union Disclosures How to Get a (A+'\ Best's Cre dit Rati ng \:!::) Be~~-s Credit Rating s @ · Mob1IeApp I I A.M. Best -Europe Rating Services Limited (AMBERS), a subsidiary of A.M . Best Rating Services , Inc ., is an External Credit Assessment Institution (ECAI) in the European Union (EU). Therefore , Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC . A.M. Best (EU) Rating Services B.V. (AMB-EU), a subs idiary of A .M . Best Rating Services , Inc., is an External Credit Assessment (ECAI) in the EU . Therefore , credit ratings issued and endorsed by AMB-EU may be used for regulatory purposes in the EU as per Directive 2006/48/EC. Australian Disclosures A.M . Best Asia-Pacific Limited (AMBAP), Australian Registered Body Number (ARBN No .150375287), is a limited liability company inco rporated and domiciled in Hong Kong . AMBAP is a wholesale Australian Financ ial Services (AFS) Licence holder (AFS No. 411055) under the Corporations Act 2001 . Credit ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act. AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to influence a retail client in making a decision in relation to a particular product or class of financial product. AMBAP Credit Ratings are intended for wholesale clients only, as defined . Credit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst. AMBAP Credit Ratings are statements of opinion and not statements of fact. They are not recommendations to buy, hold or sell any securities or any other form of financial product , including insurance policies and are not a recommendation to be used to make investment /purchasing decisions . Important Notice: A.M. Best's Credit Ratings are independent and objective opinions, not statements of fact. A .M. Best is not an Investment Advisor, does not offer investment advice of any kind , nor does the company or its Ratings Analysts offer any form of structuring or financial advice. A .M. Best's credit opinions are not recommendations to buy, sell or hold securities, or to make any other investment decisions . For additional information regarding the use and limitations of credit rating opinions, as well as the rating process , information requirements and other rating related terms and definitions , please view Understanding Best's Credit Ratings . About Us I Site Map I Customer Service I My Account I Contact I Careers I Terms of Use I Privacy Policy I Security I Legal & Licensing Regulatory Affairs -Form NRSRO -Code of Conduct -Rating Methodology -Historical Performance Data Copyright© 2019 A.M . Best Company, Inc . and/or its affiliates ALL RIGHTS RESERVED. ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/OD/YYYY) ~ 1/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Woodruff-Sawyer & Co. ;,!;~N,;n c~,. 415-391-2 141 I FAX 50 California Street, Floor 12 IA/C Nol : 415-989-9923 E-MAIL San Francisco CA 94111 ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# INSURER A : Hartford Underwriters Insurance Compa ny A-i-30104 INSURED BEARELE-01 INSURER s : Hartford Fire In surance Companv tl+ 19682 Bear Electrical Solutions, Inc. INSURER c: Hartford Casua lty Insurance Company A-t-29424 1341 Archer Street Alviso CA 95002 INSURERD : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:31851952 REVISION NUMBER: _,. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,~~%.Yv~YY1 POLICY EXP LTR TYPE OF INSURANCE 1••~n wvn POLICY NUMBER IMM/00/YYYYI LIMITS A X COMMERC I AL GEN ER AL LI AB ILITY y y 57UEAFN9382 ✓ 2/1/2019 2/1/2020 EACH OCC URREN CE $1,000,000 ~ -~ CLAIMS-MAD E [8J OCCUR DAMAGE T O RENTED PREMI SES /Ea occurrence) $100,000 -MED EXP (Any one person) $10,000 PERSONA L & ADV INJURY $1,000,000 L -GEN 'L AGGREGATE LI MIT AP PLIES PER: GEN ERAL AGGREGATE $2,000 ,000 "' ~ [8J PRO-D Loc PRODUCTS -COMP/OP AGG $2,000,000 PO LI CY JECT OTHER: $ B AUTOMOBILE LI ABILITY . 57UEAFN9268 2/1/2019 2/1/2 020 fi:~~~~d~tflNGLE LIMIT $1,000,000 ,,.. -X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED I AU TOS ON LY AUT OS BODILY INJURY (Per accident) $ -X HIRED X NON -O WNED PR O PERTY DAMAGE $ I AU TOS ON LY AUTOS ONLY /P er acc id ent) ---:x $,.,....------- C X UMBRELLA LI AB Fl OCCU R 57RHAFN9350 2/1/2019 2/1/2 020 EACH OCCURRENCE I $ 5,000,000 ~ . l) - \ $5,000,000 / EXCESS LIAB CLAIMS-MADE AGGREGATE OED I I RET ENTION $ "$ / WORKERS COMPENSATION I PER I J OTH- AND EMPLOYERS' LIABILITY STATUTE ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE □ N/A E.L. EACH ACCI DENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E. L. DISEASE -EA EMPLOY EE $ If yes, desc ribe under DESCRIPTI ON OF OPER ATI ONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached II more space Is required) RE : Al l Agreements. C ity of Cupertino, it's City Council, officers , officials, emp loyees, agents serva nts and v olunteers are additional insured per the attached forms , w herein coverage is primary and non-contributory . Policies contain a 30 day notice of cancellation and a 10 day notice of cancellation for non-payment of premium . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . City of Cupertino 10300 Torre Avenue AUTHORIZED REPRESENTATIVE Cupertino CA 95014 ~ # I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD . ~ P~57UEAFN9382 with respect to duties as such. That representative will have all your rights and duties under this Coverage Part . e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance . 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form , other than a partnership , joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock , will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization ; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization . 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge , any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured , but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability . However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee " of the person operating the waterc raft; or b. "Property damage" to property owned by , rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision . Page 12 of 21 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract , written agreement or because of a permit issued by a state or political subdivision , that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions : This insurance does not apply to : (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or ag reement ; (b) Any express warranty unauthorized by you ; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging , except when unpacked solely for the purpose of inspection, demonstration , testing , or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container ; (e) Any failure to make such inspections , adjustments , tests or servicing as the vendor has agreed to make or normally HG 00 01 0916 undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product ; (g) Products which , after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections , adjustments , tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products . b. Lessors Of Equipment (1) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). (2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises , but only with respect to liability arising out of the ownership , maintenance or use of that part of the land or premises leased to you . With respect to the insurance afforded these additional insureds the following additional exclusions apply : HG 00 01 09 16 This insurance does not apply to : 1. Any "occurrence" which takes place after you cease to lease that land ; or 2. Structural alterations , new construction or demolition operations performed by or on behalf of such person or organization . d. Architects, Engineers Or Surveyors Any architect , engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises ; or (2) In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds , the following additional exclusion applies : This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps , shop drawings , opinions, reports , surveys, field orders, change orders or drawings and specifications ; or 2. Supervisory , inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision , hiring, employment, training or monitoring of others by that insured , if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you . e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to : (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or Page 13 of 21 (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard ". f . Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e . above , but only with respect to liab ility for "bodily injury", "property damage" or "personal and advertising injury" caused , in whole or in part , by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations ; (2) In connection with your premises owned by or rented to you ; or (3) In connection with "your work" and included within the "products-completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured ; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard". However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law ; and (2) If coverage provided to the additional insured is required by a contract or agreement , the insurance afforded to such additional insured will not be broade r than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render , any professional architectural, engineering or surveying services, including : (1) The preparing , approving, or failing to prepare or approve , maps , shop drawings , opinions , reports, surveys , field orders , change orders or drawings and specifications ; or (2) Supervisory , inspection , architectural or engineering activities. This exclusion applies even if the claims aga inst any insured allege negligence or other wrongdoing in the supervision , hiring, employment , training or monitoring of others Page 14 of 21 by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the render ing of or the failure to render any professional services by or for you . The limits of insurance that apply to additional insureds is described in Section Ill -Limits Of Insurance . How this insurance applies when other insu rance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions . No person or organization is an insured with respect to the conduct of any current or past partnership , jo int venture or limited liability company that is not shown as a Named Insured in the Declarations . SECTION Ill -LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay rega rdless of the number of: a. Insureds; b. Claims made or "suits" brought ; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard"; and c. Damages under Coverage B. 3. Products-Completed Operations Aggregate Limit The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operat ions hazard". 4 . Personal And Advertising Injury Limit Subject to 2 . above , the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization . 5. Each Occurrence Limit Subject t o 2. or 3. above , whichever applies , the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and HG 00 010916 'Policy No. 57UEAFN9382 (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative . 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies . If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excesslnsurance This insurance is excess over any of the other insurance, whether primary , excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; Page 16 of 21 (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g . of Section I -Coverage A -Bodily Injury And Property Damage Liability ; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I -Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured . However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract , written agreement, or permit that this insurance is primary and non - contributory with the additional insured's own insurance , this insurance is primary and we will not seek contribution from that other insurance. HG00010916 Policy #57UEAFN9382 ' . primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators , including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for : (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning , geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged . Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16. "Occurrence" means an accident , including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses : a. False arrest , detention or imprisonment; b. Malicious prosecution ; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies , committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods , products or services ; Page 20 of 21 e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy ; f. Copying, in your "advertisement", a person's or organization 's "advertising idea" or style of "advertisement"; or g. Infringement of copyright , slogan , or title of any literary or artistic work, in your "advertisement". 18. "Pollutants" mean any solid, liquid , gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis , chemicals and waste. Waste includes materials to be recycled , reconditioned or reclaimed . 19. "Products-completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned . However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed . (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement , but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured ; (2) The existence of tools , uninstalled equipment or abandoned or unused materials ; or (3) Products or operations for which the classification, listed in the Declarations or in a policy Schedule, states that products- HG 00 010916 completed operations are subject to the General Aggregate Limit. 20. "Property damage" means : a. Physical injury to tangible property , including all resulting loss of use of that property . All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. As used in this definition, computerized or electronically stored data, prog rams or software are not tangible property . Electronic data means information , facts or programs : a. Stored as or on ; b. Created or used on ; or c. Transmitted to or from ; computer software , including systems and applications software, hard or floppy disks, CD - ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21. "Su it" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit " includes : a. An arbitration proceeding in wh ich such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions . 23 . "Volunteer worker" means a person who a. Is not you r "employee"; b. Donates his or her work ; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee , salary or othe r compensation by you or anyone else for their work performed for you . HG 00 01 0916 24. ''Your product": a. Means : (1) Any goods or products , other than real property, manufactured , sold , handled, distributed or disposed of by : (a) You ; (b) Others trading under your name ; or (c) A person or organ izat ion whose business or assets you have acquired ; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products . b. Includes (1) Warranties or representations made at any time with respect to the fitness, quality, durability , performance or use of "your product"; and (2) The providing of or failure to provide warnings or instruct ions. c. Does not include vending machines or other property rented to or located for the use of others but not sold . 25. ''Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations . b. Includes (1) Warranties or representations made at any time with respect to the fitness , quality, durability , performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. Page 21 of 21 ~ A C O RD® L.__..,,-, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1/30/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Towers Watson CONTACT NAME : San Jose 12980 Metcalf Ave Suite 500 PHONE (A/C , No Ext): (408) 321 -9901 FAX (A/C , NO): (360) 828-0699 Overland Park KS 66213 EMAIL ADDRESS : Jerry.Sparks @ bbsihq .com INSURER{S) AFFORDING COVERAGE NAIC# INSURER A: AC E A m erican In s uran ce Com p a n y -~+\"" 22667 INSURED INSURER B : Barrett Bu sin ess S ervices , In c. L/C/F INSURER C : BEAR ELECTRICAL SOLUTIONS, IN C . 13 41 A RCH ER STREET INSURERD : S AN JOSE, CA 95 131 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIC ATE MAY BE IS S UES OR MAY PERTAIN . THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXC LUSIONS AND CONDITIONS OF SUCH POLI C IE S. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/Y YY Y) GENERAL LIABILITY EAC H OCC URREN CE $ -DAMAGE TO REN TED PRE MISES (E a COMM ERCIAL GENER AL LIABI LITY $ j cLA 1MS-MA DE O occuR occ urence) ME D EXP (Any on e person) $ PERSO NAL & ADV INJUR Y $ GENE RAL AGG REGATE GEN'L AGGR EGAT E LI MIT APPLI ES PER : $ 7 POLI CY n :~~J-n LOC PRO DU CTS· COM P/O P AGG $ $ AUTOMOBILE LIABILITY COMB INED SIN GLE LI MI T -(Ea accident) $ ANY AUTO -BODIL y INJUR Y (Per person ) $ ALL OWNED AUTO S B SC HEDULED AUTOS -BODILY INJUR Y (P er ac cident ) $ HIRED AUT OS NON-O WNED AUT OS -PRO PERTY DAMAGE $ -$ """"'' '~~f"'"" EAC H OCC URREN CE $ -EXCESS LIAB OCC UR AGGR EG ATE $ -DED RE TE NTION $ $ A WORKERS CO MP ENSA TION AND EMPLO YER S' C660 0 9 91 9 02/01 /19 02/01 /2020 ✓ I WCSTATU - I I OTH - LI AB ILI TY YIN TORY LIMITS ER ANY PROP RIET OR/P ART NER / EXECU TI VE c= N /A E.L EACH ACCID ENT $2 ,000 ,000 OFFICER/M EMBER EXCLUDE D? C ove red states: E.L. DI SEAS E · EA EM PLOYEE $2 ,000 ,000 (Mandatory In NH) If yes , desc ribe under CA DESC RI PTIO N OF OP ERATIO NS below E.L. DI SEASE · POLI CY LIMIT $2 ,000,000 DESCR IPTION OF OP ER AT IONS/ LOCATIONS/ VE HIC LES (Att ach ACO RD 101 , Additio nal Remarks Sc hed ule , if more space is req uired) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Cupertino EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . 1 0300 Torre Ave AUTHORIZED REPRESENTATIVE Cupertino Ca 95014 Authorized R-:-!Is ~ Rep c) 1988-2010 ACORD CORPORATION . All rights reserved . ACORD 25 (2010/05) Th e ACORD name and logo are registered mar1<s of ACORD. .. . ~ AGENCY CUSTOMER ID : ____________ _ LOC:#:. ____________ _ ADDITIONAL REMARKS SCHEDULE Page_2_ of_2_ AGENCY NAMED INSURED: Barrett Business Services, Inc. L/C/F Lockton Affinity BEAR ELECTRICAL SOLUTIONS, INC. POLICY NUMBER 1341 ARCHER STREET SAN JOSE, CA 95131 C66009919 CARRIER NAICCODE ACE American Insurance Company 22667 EFFECTIVE DATE: 02/01/19 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE : Certificate of Liability (01/14) CERTIFICATE HOLDER: City of Cupertino ADDRESS: 10300 Torre Ave Cupertino Ca 95014 All California Operations ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved . The ACORD name and logo are registered marks of ACORD. Workers' Compensation and Employers' Liability Policy Named In su red End orseme nt Number BARRETT BUSINESS SERVICES , INC . L/C /F BEAR ELECTRICAL SOLUTIONS , INC . Poli cy Num ber 8100 NE PARKWAY DRIVE , STE . 200 VANCOUVER WA 98662 S y mbo l: WLR Numbe ~ C6600 991 9 Po licy Period Effecti ve D ate of End o rsem e nt 02-01-2019 TO 02-01-2020 02 -01-2019 Issued By (Name of In sura nce Co mpa ny) ACE AMERI CA N INSURANCE COMP A NY Insert the policy numb er. Th e remai nd er of th e info rmation is to be completed onl y when th is endo rse ment is iss ued subsequen t to the preparat ion of the po li cy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Th is endors e ment applies only to the insurance provided by the policy because California is shown in Item 3A of the Information Pag e. We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule , but this waive r appli e s only with respe ct to bodily injury arising out of the operations described in the Schedule , where you are required by a written contract to obtain this waiver from us . You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule . Schedule 1. ( Specific Waiver Name of person or organization: ( X ) Blanket Wa iver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2 . Operations : ALL CALIFORNIA OPERATIONS 3. Premium : The prem ium charge for this endorsement shall be 2 . 0 pe rcent of the California premium developed on payro ll in connection with work performed for the above person(s) or organization(s) arising out of the operations described . 4 . Minimum Premium : $0 Autho rized Agen t WC 99 03 22 IFIC -+ Surety PERFORMANCE BOND Bond No. 0755699 Premium-: ~$6~5-9._0_0 ___ _ KNOW ALL MEN BY THESE PRESENTS : That we, the undersigned, BEAR ELECTRICAL SOLUTIONS, INC. as Principal, and International Fidelity Insurance Company with its home office at One Newark Center, 20 th Floor, Newark, New Jersey 07102 , a corporation organized and existing under and by virtue of the laws of State of New Jersey , and duly authorized to transact business in the State of New Jersey , as Surety, are held and firmly bound unto CITY OF CUPERTINO (hereinafter referred to as "Obli gee") in the penal sum of TW ENTY EIGHT THOU SAND NJN E HUNDRED AND NO/I 00-------- ($28,900.00----) dollars , for payment of which well and tmly 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 18th day of MARCH 20 .!2.__ THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS , the above named Pr incipal did on the~ day of MARCH 20J.2...., enter into a written conh·act with the Obligee for BOLLINGER RD ./D E ANZA BLVD . & VISTA DR. STREET LIGHT INFRASTRU CTURE REPAIRS (hereinafter "the Contract"). NOW , if the said BEAR ELECTRI CAL SOLUTIO NS , INC . shall well and faithfully do and perfonn the things agreed by CITY OF CUPERTINO to be done and performed according to the tenns of the said Contract, we agreeing and assenting that this undertaking shall be for the benefit of the Obligee herein only ; then this obligation shall be void; othe1wise the same sha ll 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 Obligee, to or on behalf of Principal and/or in furtherance of the performance or satisfaction of Surety's obligations hereunder in any way (including but not limited to costs incuned in unde1taking or arranging to perform any work under or in connection with the Contract), 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 obligation s of Surety hereunder shall thereupon be deemed fully and unconditionally discharged. Bond No. 0755699 If there is no Obligee Default, the Obligee having performed all of its obligations und e r the Contract, the Surety 's obligation to the Obligee under thi s 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 performjng 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 c) The Obligee has agreed to pay the balance of the Contract Price to the Surety in accordance with the terms of the Contract or to a contractor selected to perform the Contract in accordance with the terms of the Contract. 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 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 onl y ; 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 pai1icularly in subparagraph c above, and as soon as practicable after the amount is determined , tender payment therefore to the Obligee ; or 2 . Deny liability in whole or in pa11 and notify the Obligee citing reasons therefore . 2 Bond No. 0755699 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 paiiy 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 claims by subcontractors, suppliers and/or others providing labor, materials and/or equipment to or on behalf of the Principal in the performance of the Contract. By the Principal furnishing and the Obligee accepting this bond, they agree that all funds earned by the 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 or by any other claims of Obligee or others. No suit or action shall be commenced hereunder by Obligee: 1. After the expiration of one (1) year following the date on which Principal ceased work on said Contract or Obligee declared Principal in default, whichever occurs first, it being understood , however, that if any limitation embodied in this bond is ptohibited 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; 2. 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 part thereof, is situated, and not elsewhere. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs , executors , administrators or successors of the Obligee . 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. d) Obligee Default: Failure of the Obligee, which has neither been remedied nor waived, to pay the Principal as required by the Contract or to perform and complete or comply with the other terms thereof. 3 Attest: ________ _ Attest Refer to Attached Power of Attorney Bond No. 0755699 Bear Electrical Solutions , Inc . Internatio~<!.LEisfe lity Insurance Company -) ~ (\ \ By : ,✓-~ \~~ ~- Patr ick R. Diebel , Attorney-In-Fact (Seal) 4 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 March 25, 2019 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert Asuncion 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. SANDRA VANESSA HERNANDEZ Notary Public -California z ~ Santa Clara County z z Commission # 2164358 ~ J. • • 0 0 ,MJ zoziT· Jxgirzs.s:eJJ%2&f Place Notary Seal Above I certify under PENAL 1Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------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: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing : _________ _ • ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 . ' I' . .l 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 ___ C_o_nt_r_a _C_o_s_ta _____ _ On March 18, 2019 before me, Yvonne Roncagliolo, Notary Public--------- Date Here Insert Name and Title of the Officer personally appeared Patrick R. Diebel------------------------ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&-). whose name($) is/are. subscribed to the within instrument and acknowledged to me that he/SRe/t-'1ey. executed the same in his/hei=ftheir authorized capacity(iest, and that by his/-Ref/t-t:le+F signature(s} on the instrument the person{s}, or the entity upon behalf of which the person(st acted, executed the instrument. 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. WITNESS my hand and official seal. ----------------opnoNAL ---------------- 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 : Patrick R. Diebel □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual l:&i Attorney in Fact □ Trustee □ Guardian or Conservator □Other: _____________ _ Signer Is Representing: _________ _ ~~~'W>~~~~~~~~~~~~~~~~~ ©2014 National Notary Association· www .NationalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY Bond# 0755699 One Newark Center, 20 th 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 CASUAL TY 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 appoint VALERIE GA RCIA, A LICIA DASS , KELLY HOL TEMANN , NANCY L. HAMIL TON , ROGER C . DICKINSON , THOM AS E . HUGHES , CH A RLES R . SHOEMAKER, STANLEY D. LOAR , MARK M . MUNEKAWA, NERISSA S . B AR TOLOME , JOA N DELUC A, SARA RIDGE, PA TRIC K R. DI EBEL, YVONNE RONCAGLIOLO 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 regu larly elected officers 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 , 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman Executive Vice President , International Fidelity Insurance Company and Allegheny Casualty Company On this 31st day of December, 2018 , 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 affixed by order of the Boards of Directors of said Companies. 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 , March 18 , 2019 A00467 Irene Martins , Assistant Secretary PAYMENT BOND Bond No . 0755699 ------- Premium Included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: That we , the undersigned, BEAR ELECTRICAL SOLUTIONS, INC. as Princip al, and International Fidelity Insurance Company , with its home office at One Newark Center, 20 th Floor, Newark, New Jersey 07102, a corporation orgarized and existing under and by virtue of the laws of State of New Jersey, and duly authorizedtotransactbusiness in the State of New Jersey , as Surety, are held andfi rmly bound unto CITY OF CUPERTINO (hereinafter referredto as "Obligee") in the penal sum of TWENTY EIGHT THOUSAND NINE HUNDRED AND NO/I0u----------- $(?8,900.00-----------------) dollars , for payment of whichwell and truly to be made contingent upon all of the terms and conditionshereof, we hereby jointlyand severally bind ourselves, our heirs, executors,adninistrators, succes9)rs and assigns. SIGNED and sealedthis 18th day of MARCH 20 19 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above narred Principal did on the 25th day of MARCH 20~ enterinto a written contract with the Obligee for BOLLINGER RD ./DE ANZA BLVD. & VISTA DR. STREET LIGHT INFRASTRUCTURE REPA IRS (hereinafter" the Contract "). NOW, if the said Bear Electrical Solutions, In c . shall pay all valid and adeq.iately docurrented claims asserted by Cla1 mants as defined herein, we agreeing and assentingthat this undertaking shall be for the benefit of such Claimants, then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood andagreed that the tctal liability of the Surety hereunder shallin no event exceed the penal amountof this obligation as herein stated. Anything herein to the contrary notwithstanding, tha)bligee agrees that any and all payments issued by the Surety underthis bond,are to be creditedagainstthe penalamount of the bond . No suit or action shall be commencechereunder ly any Claimant: a) Unless Claimant, other than one having a direct contract with the Principal, shall have givenwrittennotice to all of thefollowing : The Principal , theObligee, and the Surety above named,within ninety (90) days after such Claimant did or performed the work or I abor, or furnished the materials for which said claim is made, stating with substantialaccuracy theamountclaimed andthe name of the party to whom the materials were furnished, or for whom the work or labor was done or perfamed. Such notice shall be served by rrailing the same by registered mail or certified mail, postageprepaid, in an envelope addressed tct:he Principal, 0 bligee or Surety, as the case may be, at any place where an office is regularly maintainedfor the tranS:iction 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 madeby a public officer; Bond No . 0755699 b) After the expiration of one (I) year following the date upon whjch the Claimant last performed work or furnished materials under said contract, it being understood , however, that if any limitation embodied in thjs 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 pa11 thereof, is situated, or in the United States District Court for the District in which the project , or any part thereof, is situated , and not elsewhere . Definitions: a) Contract: The agreement between the Obligee and the Contractor identified on the signature page, including all Contract Documents and changes thereto . b) Claimant: An individual 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. c) 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: ________ _ Attest: Refer to Attached Power of Attorney BEAR ELECTRICAL SOLUTIONS , INC. Pcinci yp~ 2 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 Cl a ra on March 25, 2019 before me, Sandra Hernandez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Robert Asuncion 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 s ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. ---------------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: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: ______________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ,.''1 4.il--..:r._. !Iii ~-,.,,;;.~,. -4;,u,t,i. ; i'P\,·~! '•: J' q ,{(,/. Ii "' · >l '·•'f!f i'J j.'\f f ,'."1/!1 "'•'. .,'~, t 1t 'J J .•. ·,'!i ,· . ' ., rf Ir• CIVIL CODE § 1189 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~.m<-~~m~~~~~!.'li-~-~~~~~~~:i.'ml~~ 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 ___ c_o_n_tr_a_C_o_s_ta _____ _ On March 18, 2019 before me, Yvonne Roncagliolo, Notary Public--------- Date Here Insert Name and Title of the Officer personally appeared Patrick R. Diebel------------------------- 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 he/sl:le/.t-1:!e}' executed the same in his/het'ltheir authorized capacity(ies}, and that by his/-/:ler/-t-t-le+F signature(s} on the instrument the person{&}, or the entity upon behalf of which the person(sracted, executed the instrument. Place Notary Sea/ Above 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 and official seal. ----------------oPTTONAL ---------------- 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: Patri ck R. Diebel □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual EKi Attorney in Fact □ Trustee □ Guardian or Conservator □Other: _____________ _ Signer Is Representing: _________ _ u<,~~~'®~~~~~~~~'§<,~~~~~~~~~~~ ©2014 National Notary Association· www.Nat ionalNotary .org • 1-800-US NOTARY (1-800-876-6827) Item #5907 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUAL TY COMPANY Bond# 0755699 One Newark Center, 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 appoint VALERIE GARCIA, ALICIA DASS , KELLY HOL TEMANN , NANCY L. HAMILTON , ROGER C. DIC KI NSON , THOMAS E. HUGHES , CHARLES R. SHOEMAKER , STANLEY D. LO AR, MARK M . MUNEKAWA, NERISSA S . BARTOLOME , JO AN DELUC A, SARA RIDGE , PATRICK R. DI EBEL , YVO NNE RONCAGLIOLO 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 CASUAL TY COMPANY, as fully and amply , to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers 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-i n-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 affi xed 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, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman Executive Vice President, International Fidelity Insurance Company and Allegheny Casualty Company On this 31st day of December, 2018 , 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 affixed by order of the Boards of Directors of said Companies . ,,,,,,, .... ,,,,,,,, ,,,,, ~HY C 1111, __ ,, c}'' ..... ·--~&~ ,, .. _ f .-·~,ss10,1,, ··-. ~ ~ :'o~ (C'--t.,·•. ~ g ;CJ NOTARY 'i,; 1 -·>-••• m, -1 • .. 'f-PUBLIC "> • .' g , ,n • • ),.. • ~ ")t.. . ~ ~ -:., ..,;;__,.~4-15-?.0'?,•··d_c-:; -~ ,, -~, ...... f/c,~ ... ... ,,,,, OF NE'N .) ,,,,' 111111 •• r ,,u "'' ,,,, 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 , March 18 , 2019 A00467 Irene Martins , Assistant Secretary