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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
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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.
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Public Works Contract $60 ,000 /Rev . Jan. 02 , 2019
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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 .
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Public Works Contract $60,000 /Rev. Jan . 02 , 2019
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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
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Public Works Contract $60,000 !Rev. Jan . 02 , 2019
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(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
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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.
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Publi c Works Contract $60 ,000 /Rev . Jan. 02 , 2019
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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 .
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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 .
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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
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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
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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· .
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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+
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087049 Hartford Fire Insurance
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~::,l Best's Credit Report -Where applicable, includes Best's Financial Strength Rating and rationale along with
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Report Revision Date: 3/1/2019 (represents the latest significant change). \f_j Historical Reports are available in Best's Credit Report Archive.
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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
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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
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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
....
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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
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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
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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
