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19-156 Elcor Electric Inc., Miscellaneous Electrical Services at City of Cupertino Facilities CITY OF PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract("Contract") is made and entered into on (1 ("Effective Date")by and between the City of Cupertino, a municipal corporation("City"), and Elcor Electric Inc. a Corporation ("Contractor") for miscellaneous electrical services at City of Cupertino facilities 2. SCOPE OF WORK Contractor will perform and provide all labor,materials,equipment,supplies, transportation and any other items or work necessary to perform and complete the work required for the Project("Work"),as required in the Scope of Work, attached here and incorporated as Exhibit A,and in accordance with I the terms and conditions of this Contract. Ij 3. THE FOR COMPLETION 1 3.1 Term.This Contract begins on the Effective Date and ends on May 31,2020 ("Contract Time")unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed("NTP")and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time,resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$200.00 will be charged for each day of unexcused delay, or City may deduct the amount fiom Contractor's payments.Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities,and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $24,000.00 ("Contract Price"),for all of Contractor's direct and indirect costs,including all Iabor,materials, supplies, equipment,taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month,itemizing labor,materials,equipment and Public Works Project Electrical Services-City of Cupertino Facilities Public Works Contract$60,000/Rev.Jan.02,2019 Page 1 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 performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses.Contractor warrants on behalf of itself and its subcontractors that they are properly licensed,registered, and/or certified to perform the Work as required by law,and have procured a City Business License. Contractor shall possess a California Contractor's License in good i standing for the following classification(s): C-10 which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor,and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools,Materials and Equipment. Contractor will supply all tools,materials and equipment required to perform the 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 supporting documentation, including but not limited to plans/drawings,detailed cost estimates,and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign,hypothecate,or transfer this Contract or any interest therein, directly or indirectly,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 unreasonably withheld. Control means fifty percent(50%)or more of the voting power of the business entity.This Contract is binding on Contractor,its heirs,successors and permitted assigns Public works Project Electrical Services- City of Cupertino Facilities Public Works Contract$60,000 Nev 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 Cupertino"must be displayed in all pieces of publicity, flyers,press releases,posters,brochures,interviews,public service announcements and newspaper articles.No signs may be posted or displayed on or about City property,except signage required by law or this Contract,without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces,except that Contractor may hire qualified subcontractors to perform up to 25 %of the Work,provided that each subcontractor is required by contract to be bound by the provisions of this Contract.Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section 4107.If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's Work or hire a new subcontractor that is acceptable to City.A Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed,the number of workers,the hours,the equipment,the weather conditions,and any circumstances affecting performance. City will have ownership of the reports,but Contractor will be permitted to retain copies. 10.2 If applicable,Contractor must keep a separate set of as-built drawings showing changes and I 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;HVAC systems;utilities and utility connections; and any other components City determines should be included in the final drawings of the Project.Deviations from the original drawings must be shown in detail,and the location of all main runs,piping, conduit, ductwork,and drain lines must be shown by dimension and elevation. 10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance with generally accepted accounting principles,which must be available for City review and audit,kept separate from other records, and maintained for four years from the date of City's final payment. Public Works Project Electrical Services - City of Cupertino Facilities Public Works Contract$60,000Rev.Jan.02,2019 Page 3 of 1 t i 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 harmless 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) Performance or nonperformance 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 Wort{ performed on or off the Project Site;and (d) Personal injury,property damage,or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a i tender of defense upon receiving notice from City of a third-party claim, in accordance with California Public Contract Code Section 9201.At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price,Workers' Compensation or other employee benefits,or the insurance and bond coverage required in this Contract.Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other 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 satisfactory,certificates of insurance and endorsements evidencing the type,amount,class of operations covered,and the effective and expiration dates of coverage.Failure to comply with this provision may result in City, at its sole discretion and without notice,purchasing insurance at Contractor's expense, deducting the costs from Contractor's compensation, or terminating the Contract. Public works Project Electrical Services - City of Cupertino Facilities Public Works Contract$60,000Am Jan.02,2019 Page 4 of l l 13. COMPLIANCE WITH LAWS 13.1 General Laws.Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work,as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775,which require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, ! classification,or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dii-.ca.jaoviDLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812,and electronically submit them to the Labor Commissioner as required by the regulations of California,Department of Industrial Relations ('UR"). (iv) Comply with D1R Monitoring,Enforcement and Registration requirements of Labor Code Section 1725.5. i (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. E $ 200.00 per worker for each day of violation. j (c) As required by Labor Code Section 1861,by signing this Contract Contractor certifies as follows: "1 am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code,and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race,religious creed, color,ancestry,national origin.,ethnicity,handicap,disability,marital status,pregnancy,age, sex, gender,sexual orientation,gender identity,Acquired-Immune Deficiency Syndrome(AIDS)or any other protected classification. Contractor shall comply with all anti-discrimination laws,including Government Code Sections 12900 and 11135,and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination,Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee,or any other person,by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public works Project Electrical Services- City of Cupertino Facilities Public Works Contract$60,000 Aev.Jan.02,2019 Page 5 of 11 13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents,may not have,maintain or acquire a conflict of interest in relation to this Contract in violation of law, including Government Code section 1090 and Government Code section 81000 and their accompanying regulations.No officer, official, employee,consultant,or other agent of the City("City Representative")may have,maintain, or acquire a"financial interest"in the Contract,as that term is defined by state law, or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractor, its employees, subcontractors,servants and agents warrant they are not 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 certain governmental decisions or serves in a staff capacity,as defined in section 18700 of the California Code of Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees. 13.5 Remedies.Any violation of Section 13 constitutes a material breach and may result in City suspending payments,requiring reimbursement,or terminating the Contract.City reserves all rights and remedies under the law and this Contract, including seeking indemnification. 14. BONDS ' For contracts of$25,000 or more, Contractor must obtain a payment bond and a performance bond, each in the penal suin of 100%of the Contract Price,using the Bond Forms attached and incorporated here as Exhibit C.Each bond must be issued by a surety admitted in California,with a financial rating from A.M.Best Company of Class A-or higher, or as otherwise acceptable to City.If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City.If Contractor fails to do so, City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense, deduct the cost from payments due Contractor,or terminate the Contract.City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES,TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert("USA") 811 hotline and request marking of utility locations before digging or commencing Work.For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at(408)777-3269. Government Code Section 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 work site.City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the Work/Performance,Contract Time or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and which requires removal to a Class I,Class II,or Class III disposal site pursuant to law; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the worksite made available to Contractor; and Public works Project Electrical Services - City of Cupertino Facilities Public Works Contract$60,000/Rev.Jan. 02,2019 Page 6 of 11 (c) Unknown physical conditions at the Project worksite of any unusual nature,materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts$25,000 or higher that require excavation or involve trenches five feet or more in depth,Contractor must submit a detailed plan for City approval,per Labor Code Section 6705 prior to commencing work.The plan must show the design of shoring,bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading.If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets,gutters and storm drains.Prior to the start of the Work,Contractor will implement erosion and sediment controls to prevent pollution of storm drains,and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place j during the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include,but will not be limited to,the following requirements: I (a) Install storm drain inlet protection devices such as sand bag barriers,filter fabric fences, and block and gravel filters at all drain inlets impacted by construction.During the annual rauiy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from offite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or construction material with plastic sheeting. Store all construction materials in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets,gutters and storm drains prior to rain 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 stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices,citations,Work stop orders and regulatory fines. Public Works project Electrical Services- City of Cupertino Facilities Public Works Contract$60,000 Rev.Jan.02,2019 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Ken Tanase 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 Troy Martinez as its single representative for all purposes under this Contract,with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work,consistent with the Scope of Work.Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing,the time spent in closing out the Work will be compensated up to 10%of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work,products and deliverables completed.Nothing in the Section below is intended to delay,abridge or bar City's right under this Section. 19. GOVERNING LAW,VENUE AND DISPUTE RESOLUTION i This Contract is governed by the laws of State of California.Venue for any legal action shall be the Superior Court of the County of Santa Clara, California,The dispute resolution procedures of Public Contract Code Section 20104,incorporated here by reference,apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute.Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code.If the Parties elect arbitration,the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action,files a complaint or cross-complaint,or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract,the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Electrical Services - City of Cupertino Facilities Public Works Contract$60,000/Rev.Jan.02,2019 Page 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displayed on or about City's property,except signage which is required by law or by the Contract,without City's prior written approval as to size,design and location. 22. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Contract. 23. WAIVER- Neither acceptance of the Work nor payment thereof shall constitute a waiver of any contract provision. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that materials and equipment used will be new,of good quality,and free from defective workmanship and materials,and that the Work will be free from material defects not intrinsic in the design or materials. All Work,materials and equipment should pass to City free of claims, liens or encumbrances. Contractor warrants the Work and materials for one year from the date of City's acceptance of the Work as complete("Warranty Period"), except when a longer guarantee is provided by a supplier,manufacturer or is required by this Contract.During the Warranty Period, Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work,except any wear and tear or damage resulting from improper use or maintenance. i 27. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached,referenced, or expressly incorporated herein,including authorized amendments or change orders constitute the final and j complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City.If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract,the Contract terms will control. 28. SEVERA131LITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal,invalid or unenforceable,the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities,payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public works project Electrical Services-- City of Cupertino Facilities Public Works Contract$60,000/Rev.Jan. 02,2019 Page 9 of]l 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein.Either party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions,titles,and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract maybe executed in counterparts,each of which is an original and all of which taken together shall form one single document. i 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: To Contractor: 10300 Torre Avenue, Cupertino CA 95 014 Elcor Electric Inc. Attention: Ken Tanme Attention: Troy Martinez Copy to: Carl Valdez Copy to: Email: kent(),,cupertino.org _ Email: tmartinez@elcorelectric.com 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if(a)it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b)is signed by the City Manager or an authorized designee,and(c)is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties.If Contractor is a corporation,signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public works Project Electrical Services - City of Cupertino Facilities Public Works Contract$60,000/Rev.Jan.02,2019 Page 10 of 11 IN WITNESS WHEREOF,the parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Elcor Electric Inc. CITY OF CUPERTINO, Digitally signed by Troy a Municipal Corporation Corporation Martinez DN:C=US, E=T M a rt i n ez @ e l co re l e ctri c.com,CN=Troy Martinez Date:2019.08.20 BY: os os a6-07'0s-o��oo' By: Title:Project Manager Title:Director of Public Works Signature Date: Signature Date: Z I APPROVED AS TO FORM: k By: HEATHER M.MINNER Cupertino City Attorney I ATTEST: 1 By: GRACE SCHMIDT, City Cleric Public works Project Electrical Electrical Services - City Cupertino Facilities- City of Cupertino Facilities Public Works Contract$60,000/Rev,Jan. 02,2019 Page 11 of 11 EXH I BIT "A" L U. C. F R I C April 25,2018 Mr, Ken Tanase City of Cupertino 21251 Stevens Creek Boulevard Cupertino,CA 95014 RE: Emergency Electrical Support Services City of Cupertino Buildings Electrical Services Dear Mr.Tanase, We are pleased to offer our services for the upcoming City of Cupertino ErnergencyElectrical service projects.. This letter was developed from direction provided by City of Cupertino to be performed by Elcor Electric,Our services for the upcoming projects is as Ulows; Scope of Work .9 Provide Elcor Electrician to support City of Cupertino EmergencyElootrical service projects. • Provide brief reports,hours worked and track daily tasks performed at.each building. This.servioe will include an Elcor Electric vehicle and tools. This service assumes all material will be purchased on a T&M basis. • This service assumes all work shall be performad on aT&M basis, Please see our Service Rate shoot attached. If you have any questions regarding those services,please contact the undersigned at your convenience. Sincerely, Dvy Martinez Troy Martinez ELCOR ELECTRIC ProposallCity of Cupertino-171nargonoy Electrical Support Services 4.25,18 3210 Basanu Stmiet,Sam Glum CA 95a54 i 400119B,13RO f 408.986-1324 LIC 500228 EXHIBI-1— BRIG 'GL-++ 2 �'z V C: 1' R I ti.: February 13,2018 Mir, Ken'1'anase City of'Cupertino 21251 Stevens Creek Boulevard Cupertino, CA 95014 Dear Mr.Tanase, Our staff takes pride in.our reputation for providing high quality workmanship,meeting the many challenges of our customers and creating a safe working environment, Services we provide; i Pq•+e�Cc�ns#rarctiian • Engineering&Design Services Service • LEED Design&Implementation • Electrical Trouble-Shooting&Repair • Site Survey&Evaluation • Facility Moves,Adds,&Changes • Constructability Analysis • Facility Operations Requests • Value Engineering • Detailed Time&Material Billing « Scheduling • ProjectBilling Matrix • Project Engineer Support construction • Interior Lighting maintenance • Site/Exterior Lighting • Load Monitoring • Automated Lighting Controls • Electrical Equipment Testing • Distribution&Branch Power • Electrical Equipment Preventative • Clean Roorn Environment Maintenance • Critical Power/UPS Systems 4 Lighting Retrofit&Repair • Emergency Power/Generators • HVAC Power; Controls&Coordination Electricians ' • .Electric Vehicle Charging • LB.E.W.Union Trained • Food Service Equipment • 100%State Certified • Power Monitoring&Reporting • NFPA70E Trained « Fire Alarm &Specialty Systems + CPR Certified 3:310 Onattatt Street.Santo Clore,CA 05064 1 4013.0813.13AD # 408.986.13P.4 Litz 500PPA EXH I BIT "All 4 e LCOR- i July 18,2019 Mr.Ken Tanase City of Cupertino 21251 Stevens Creek Boulevard Cupertino, CA 95014 Dear Mr.Tanase, Rates for City of Cupertino through May 31",2020 Journeyman Wireman Straight Time $153/hr.(7:00am-3:30pm)Monday-Friday Overtime $205/hr.(3:30pm-5:30pm)Monday-Friday Double Time $260/hr.(After 5:30pm)Monday-Friday/All day Saturday, Sunday,or Holidays Foreman j Straight Time $168/hr.(7:00am-3:30pm)Monday-Friday Overtime $231/hr.(3:30pm-5:30pin)Monday-Friday Double Time $291/hr.(After 5:30pm)Monday-Friday/All day Saturday, Sunday or Holidays General Foreman Straight Time $185/br.(7:00am-3:30pm)Monday-Friday Overtime $253/hr.(3:30pm-5:30pm)Monday-Friday Double Time $324/hr.(After 5:30pm)Monday-Friday/All day Saturday, Sunday or Holidays Sincerely, Troy War'thzez Troy Martinez ELCOR ELECTRIC 3310 Bassett Street,Bants Clare,CA 95054 t 408.986,1320 t 408.986.1324 !lc 50022E PITBLlC WORKS GTS CONS' RUC '1OIV COYTI�A Smolt Projects: $60,000 - - Insurance Requirements. Exk�iit B Contractor shall procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMFr OF INSURANCE Coverage shalt be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive general liability form, and must include coverage for liability I[.t*ising ftom 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 per occurrence. The CGL policy must protect against any and all 'ability forpersonal 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 limit shall be twice the required occurrence limit. 1 a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess j 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 0413 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the 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 n.on-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 covering any auto(Code 1),or if Contractor has no owned autos,then JtM hired autos (Code S) 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 Employer's Liability Insurance of no less than$1,000,000 per accident for bodily injury or disease,or as otherwise 4t� required by statute.If Contractor is self-insured,Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the MR. ❑ 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. C. N/A 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/A if box checked (Project does no involve construction or improvements/installations to property). Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 I 6. Contractors'Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no les4 than$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. N/A if box checked (Project does not involve environmental hazards). 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-insw•ed 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 1185 or if not available,through the addition of both CG 20 10, CG 20 26,CG 20 33, or CO 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 01 041.3 with respect to City,its officers,officials,employees and volunteers,and shall j 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. -guilder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Construction coverage, which shall name the City as a loss payee, as its interest may appear.The Builder's Risk policy must be issued on an occurrence basis, for all-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 Floater 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. Insurance Requirements fo►,Construction Contracts-$60,000 Version:Jan.2019 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City.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 performed 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 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'E'overage 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 certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete,certified copies of all required insurance policies, including endorsements,required by these 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 1 As required by Contract and described in the Contract Documents.The Payment and Performance 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 ofthe risk,prior experience,insurer,coverage, or other circumstances. Insurance Requirements for Construction Contracts-$60,000 Yersion:.Ian. 2019 3 DATE(MM/DD/YYYY) AC"" CERTIFICATE OF LIABILITY INSURANCE 7/23/2019 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). CONTAPRODUCER Asero Insurance Services NAME: Asero Insurance Services 200 N.Almaden Blvd. 3rd Floor PHONE FAX San Jose, CA 95110 Alc No Ext: 866-966-8928 AIc No: 408-271-1802 E-MAIL ADDRESS: certs@aseroins.com INSURERS)AFFORDING COVERAGE NAIC# www.aseroins.com License No.OA91339 INSURERA: Travelers Property Casualty Co of Amer 25674 INSURED INSURER B: Arch Specialty Insurance Company A-4- 21199 ElcorElectric,3310 Bassett Street INSURERC: Travelers Casual and Sure Co America, t- 31194 3310 Santa Clara CA 95054 INSURERD: West American Insurance Company 44393 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 50127925 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 TYPE OF INSURANCE ADDL SUER POLICPOLICY NUMBER MM/DDY EFF MO DI D�EXP LIMITS LTR A V/ COMMERCIAL GENERAL LIABILITY `/ `/ DT22CO520OR796TIL1 7/25/2019 7/25/202V EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE V OCCUR PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY ✓�ECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 8102N6450331926G 7/25l2019 7/25l2020 COMBINED SINGLE LIMIT $ / / Ea accident 1,000,000 1`/ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY Per accident A ✓ UMBRELLA LIAB / OCCUR CUP6N94923A1926 7/25/2019 7/25/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000 00 DED ✓ RETENTION$10,000 $ A WORKERS COMPENSATION 1_11381<1125291926G 7/25/2019 7/25/2020 Y AND EMPLOYERS'LIABILITY ✓ ✓ STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L.EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 0 00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $1 000 000 B Professional/Pollution Liability PDCPP0008903 10/27/2018 10/27/2019 Limit/Agg $5,000,000 Deductible:Per Claim $ 25,000 D Installation Floater BKW58180609 7/25/2019 7/25/2020 Limit: $250,000 C Third Party Crime 1 1 106051978 1 1/29/2019 1/29/2020 Limit$1 000 000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) All California Operations under written contract by named insured. The City of Cupertino,it's City Council,officers,officials,employees,agents,servants and volunteers are named as Additional Insured per endorsement attached. Note:30 Days Notice of Cancellation will be given except 10 days for non-payment CERTIFICATE HOLDER CANCELLATION Cl Of Cupertino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 5 p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10 55 Mary Ave ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE .r -na Joe Longwello ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 50127925 1 19-20 All Lines w/ Prof & Pollution Liab I Prabhjot Kaur 1 7/23/2019 12:10:16 PM (PDT) I Page 1 of 12 AGENCY CUSTOMER ID: LOC#: AC"J?"® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Elcor Asero Insurance Services 3310 Electric,Inc. 310 Bassett Street POLICY NUMBER Santa Clara CA 95054 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE:Certificate of Liability(03/16) HOLDER: City of Cupertino ADDRESS:10555 Mary Ave Cupertino CA 95014 General Liability Additional Insured / Primary & Non-Contributory as required by written contract per form CG D6 04 08 13 General Liability Waiver of Subrogation as required by written contract per form CG D3 16 11 11, Section L. Commercial Auto Liability Additional Insured / Waiver of Subrogation as required by written contract per form CA T3 53 02 15 Workers' Compensation Waiver of Subrogation as required by written contract per form WC 99 03 76/a Pollution Liability is Primary and Non-Contributory as required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 50127925 1 19-20 All Lines w/ Prof & Pollution Liab I Prabhjot Kaur 1 7/23/2019 12:10:16 PM (PDT) i Page 2 of 12 Policy No: DT22CO520OR796TIL19 COMMERCIAL GENERAL LIABILITY Insured: or Electric, Inc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 —WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, a. You agree in a "written contract requiring in- the Additional Insured — Owners, surance" to include as an additional insured Lessees or Contractors — Completed on this Coverage Part; and Operations endorsement CG 20 37 b. Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates; or includes such person or organization in the (b) Either or both of the following: the endorsement's schedule; Additional Insured — Owners, Les- is an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for"bodily injury", Person Or Organization endorsement "property damage"or"personal injury"; and CG 20 10, or the Additional Insured — Owners, Lessees or Contractors — b. Only as described in Paragraph (1), (2) or (3) Completed Operations endorsement below, whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only if the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of "your work" to which endorsement CG 20 10 11 85; or the "written contract requiring insurance" (b) Either or both of the following: the applies; or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor (2) above ap- sees or Contractors — Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured —Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ance of"your work"to which the"writ- insured only if the injury or damage arises ten contract requiring insurance" sp- out of "your work" to which the "written plies; and contract requiring insurance" applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or additional insured coverage to that per- omissions of such person or organi- son or organization by the use of: zation. CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 50127925 19-20 All Lines w/ Prof & Pollution Liab I Prabhjot Kaur 17/23/2019 12:10:16 PM (PDT) I Page 3 of 12 Policy No: DT22C05200R796TIL19 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum limits of liability required by the any other insured that does not qualify as a "written contract requiring insurance", the in- named insured, under such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance" will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required for the additional insured by that "written con- (1) How, when and where the "occurrence" tract requiring insurance". This endorsement or offense took place; will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III—Limits Of Insurance. persons and witnesses; and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to "bodily injury", "prop- damage arising out of the "occurrence" or erty damage" or "personal injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or "suit' Is brought against professional architectural, engineering or sur- the additional insured, the additional insured veying services, including: must: (1) The preparing, approving, or failing to (1) Immediately record the specifics of the prepare or approve, maps, shop draw- claim or"suit"and the date received; and ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or "suit" as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send c. The insurance provided to the additional in- us copies of all legal papers received in con- sured does not apply to "bodily injury" or nection with the claim or"suit", cooperate with "property damage" caused by"your work"and us in the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit", and oth- tions hazard" unless the "written contract re- erwise comply with all policy conditions. quiring insurance" specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional in- fense and indemnity of any claim or "suit" to sured during the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is ance provided to the additional insured by this available to the additional insured. However, if the endorsement is primary to other insurance "written contract requiring insurance" specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis, this insured as described in Paragraph 3. above. insurance is primary to other insurance available 5. The following is added to the DEFINITIONS Sec- to the additional insured under which that person or organization qualifies as a named insured, and tion: we will not share with that other insurance. But "Written contract requiring insurance" means that the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 ©2013 The Travelers Indemnity Company.All rights reserved. CG D6 04 08 13 50127925 119-20 All Lines w/ Prof & Pollution Liab I Prabhjot Kaur 17/23/2019 12:10:16 PM (PDT) I Page 4 of 12 Policy No: DT22CO520OR796TIL19 COMMERCIAL GENERAL LIABILITY ganization as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you; and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury" is caused by an offense committed, during in effect. the policy period and: CG D6 04 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 50127925 1 19-20 All Lines w/ Prof & Pollution Liab I Prabhjot Kaur 1 7/23/2019 12:10:16 PM (PDT) I Page S of 12 POLICY# D 22CO520OR796TIL19 CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of B. Damage To Premises Rented To You Leased Equipment C. Increased Supplementary Payments I. Blanket Additional Insured — States Or D. Incidental Medical Malpractice Political Subdivisions—Permits E. Who Is An Insured — Newly Acquired Or J. Knowledge And Notice Of Occurrence Or Formed Organizations Offense F. Who Is An Insured — Broadened Named K. Unintentional Omission Insured—Unnamed Subsidiaries L. Blanket Waiver Of Subrogation G. Blanket Additional Insured — Owners, M. Amended Bodily Injury Definition Managers Or Lessors Of Premises N. Contractual Liability—Railroads PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT INJURY AND PROPERTY DAMAGE LI- ABILITY: The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION Exclusions c. and g. through n. do not apply I — COVERAGES — COVERAGE A BODILY IN- to 'premises damage'. Exclusion f.(1)(a) JURY AND PROPERTY DAMAGE LIABILITY: does not apply to "premises damage" caused by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; a. Chartered with a pilot to any insured; c. Lightning; b. Not owned by any insured; and d. Smoke resulting from such fire, explosion, or c. Not being used to carry any person or prop- lightning; or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I —Coverage A I. The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion — All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — .'premises damage" as described in Para- COVERAGES—COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. 50127925 1 19-20 All Lines w/ Prof & Pollution Liab I Prabhjot Kaur 17/23/2019 12:10:16 PM (PDT) I Page 6 of 12 POLICY# DT22CO520OR796TIL19 (i)A partner or member of any by any ordinance, law or building code to include partnership or joint venture; as an additional insured on this Coverage Part is an insured, but only with respect to liability for "• A manager of any limited liability company; or "bodily injury", "property damage", "personal in- i. executive officer or director of any other or jury" or "advertising injury" arising out of such op- erations. that is your partner,joint venture The insurance provided to such state or political member or manager; or subdivision does not apply to: (b) Any "employee" authorized by a. Any "bodily injury," "property damage," "per- such partnership, joint venture, limited sonal injury" or "advertising injury" arising out li-ability company or other organization of operations performed for that state or po- to give notice of an "occurrence" or litical subdivision; or offense. b. Any "bodily injury" or "property damage" in- (3) Notice to us of such "occurrence" or of cluded in the "products-completed operations an offense will be deemed to be given as hazard". soon as practicable if it is given in good J. KNOWLEDGE AND NOTICE OF OCCUR- faith as soon as practicable to your work- RENCE OR OFFENSE ers' compensation insurer. This applies The following is added to Paragraph 2., Duties In only if you subsequently give notice to usof the "occurrence" or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1) or (2) above ERAL LIABILITY CONDITIONS: discovers that the "occurrence" or offense e. The following provisions apply to may result in sums to which the insurance Paragraph a. above, but only for the purposes provided under this Coverage Part may of the in-surance provided under this apply. Coverage Part to you or any insured listed in However, if this Coverage Part includes an Paragraph 1. or 2. of Section II — Who Is An endorsement that provides limited coverage for Insured: "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or costs arising out of a discharge, release or offense must be given as soon as escape of "pollutants" which contains a practicable only after the "occurrence" or requirement that the discharge, release or offense is known by you (if you are an escape of "pollutants" must be reported to us individual), any of your partners or within a specific number of days after its abrupt members who is an individual (if you are commencement, this Paragraph e. does not a partnership or joint venture), any of your affect that requirement. managers who is an individual (if you are K. UNINTENTIONAL OMISSION a limited liability company), any of your The following is added to Paragraph 6., "executive officers" or directors (if you are Representations, of SECTION IV — an organization other than a partnership, COMMERCIAL GENERAL LIABILITY joint venture or limited liability company) CONDITIONS: or any "em-ployee" authorized by you to give notice of an "occurrence"or offense. The unintentional omission of, or unintentional error in, any information provided by you which (2) If you are a partnership, joint venture we relied upon in issuing this policy will not or limited liability company, and none of prejudice your rights under this insurance. your partners, joint venture members or However, this provision does not affect our right to man-agers are individuals, notice to us of collect additional premium or to exercise our such occurrence" or offense must be rights of cancellation or nonrenewal in accordance given as soon as practicable only after the"occurrence" or offense is known by: with applicable insurance laws or regulations. (a)Any individual who is: CG D3 16 1111 50127925 19-20 All Lines w/ Prof & Pollution Liab I Prabhjot Kaur 1 7/23/2019 12:10:16 PM (PDT) I Page 7 of 12 POLICY# DT22C05200R796TIL19 M. AMENDED BODILY INJURY DEFINITION L. BLANKET WAIVER OF SUBROGATION 3. The following replaces the definition of"bodily The following is added to Paragraph 8., Transfer injury" in the DEFINITIONS Section "Bodily Of Rights Of Recovery Against Others To Us, injury" means bodily injury, mental anguish, of SECTION IV — COMMERCIAL GENERAL LI- mental injury, shock, fright, disability, ABILITY CONDITIONS: If the insured has agreed humiliation, sickness or disease sustained by in a contract or agree-ment to waive that insured's a person, including death resulting from any right of recovery against any person or of these at any time. organization, we waive our right of recovery N. CONTRACTUAL LIABILITY—RAILROADS against such person or organiza-tion, but only for 1. The following replaces Paragraph c. of the payments we make because of: definition of "insured contract" in the DEFINI- a. "Bodily injury" or "property damage" that TIONS Section: oc-curs; or c.Any easement or license agreement; b. "Personal injury" or "advertising injury" 2. Paragraph f.(1) of the definition of "insured caused by an offense that is committed; contract" in the DEFINITIONS Section is de- subsequent to the execution of that contract or leted. agreement. CG D3 16 11 11 50127925 19-20 All Lines w/ Prof & Pollution Liab I Prabhjot Kaur 1 7/23/2019 12:10:16 PM (PDT) I Page 8 of 12 POLICY C102N6450331926G CA T3 53 0215 SREMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED I. PHYSICAL DAMAGE TRANSPORTATION EXPENSES- B. BLANKET ADDITIONAL INSURED INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL PROPERTY D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS- L. NOTICE AND KNOWLEDGE OF INCREASED LIMITS ACCIDENT OR LOSS F. HIRED AUTO—LIMITED WORLDWIDE M. BLANKET WAVIER OF SUBROGATION COV-ERAGE—INDEMNITY BASIS N. UNINTENTIONAL ERRORS OR G. WAIVER OF DEDUCTIBLE—GLASS OMMISIONS H. HIRED AUTO PHYSICAL DAMAGE-LOSS OF USE-INCRASED LIMIT PROVISIONS during the policy period, to be named as an additional A. BROAD FORM NAMED INSURED insured is an "insured" for Covered Autos Liability The following is added to Paragraph A.1., Who Is An Coverage, but only for damages to which this Insured, of SECTION II — COVERED AUTOS insurance applies and only to the extent that under LIABILITY COVERAGE: Any organization you newly the Who Is An Insured provision contained in Section acquire or form during the policy period over which 11. you maintain 50% or more ownership interest and that C. EMPLOYEE HIRED AUTO is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until 1. The following is added to Paragraph A.1., Who the 180th day after you acquire or form the Is An Insured, of SECTION II — COV-ERED AUTOS organization or the end of the policy period, which- LIABILITY COVERAGE: An "employee" of yours is ever is earlier an "insured" while "auto" hired or rented under a operating an contract or agreement in an B. BLANKET ADDITIONAL INSURED "employee's" name, with your permission, while performing duties related to the conduct of your business. The following is added to Paragraph c. in A.1.,Who Is 2. The following replaces Paragraph b. in B.5., An Insured, of SECTION 11 — COVERED AUTOS Other Insurance, of SECTION IV— BUSINESS LIABILITY COVERAGE: Any person or organization AUTO CONDITIONS: who is required under a written contract or agreement b. For Hired Auto Physical Damage Cover age, the between you and that person or organization, that is following are deemed to be covered "autos"you own: signed and executed by you before the "bodily injury" (1)Any covered "auto" you lease, hire, rent or borrow; or "property damage" occurs and that is in effect 50127925 19-20 All Lines w/ Prof 6 Pollution Liab I Prabhjot Kaur 1 7/23/2019 12:10:16 PM (PDT) I Page 9 of 12 POLICY# 8102N6450331926G and (2)Any covered "auto" hired or rented by your (iv) We will reimburse the "insured" for sums that "employee" under a contract in an "employee's" the"insured" legally must pay as damages because of name, with your permission, while performing duties "bodily injury" or "property damage" to which this related to the conduct of your business. However, insurance applies, that the "insured" pays with our any rented or borrowed with a driver is not a covered consent, but only up to the limit described in Para- "auto" graph C., Limits Of Insurance, of SECTION II- COVERED AUTOS LIABILITY COVERAGE D. EMPLOYEES AS INSURED (v)We will reimburse the "insured" for the The following is added to Paragraph A.1., Who Is An reasonable expenses incurred with our consent for Insured, of SECTION II — COVERED AUTOS your investigation of such claims and your defense of LIABILITY COVERAGE: the"insured" against any such "suit", but only up to Any"employee" of yours is an "insured while using a and included within the limit described in Para- covered"auto"you don't own, hire or borrow graph C., Limits Of Insurance, of SECTION II in your business or your personal affairs. COVERED AUTOS LIABILITY COVERAGE and not in addition to such limit. Our duty to make such E. SUPPLEMENTARY PAYMENTS- INCREASED payments ends when we have used up the applicable LIMITS limit of insurance in payments for damages, 1. The following replaces Paragraph A.2.a.(2), of settlements or defense expenses SECTION II — COVERED AUTOS LIABIL-ITY (b) This insurance is excess over any valid and COVERAGE: (2) Up to $3,000 for cost of bail bonds collectible other insurance available to the "insured" (including bonds for related traffic law violations) whether primary, excess, contingent or on any other required because of an "accident" we cover. We do basis. not have to furnish these bonds. (c) This insurance is not a substitute for required or 2. The following replaces Paragraph A.2.a.(4), of compulsory insurance in any country outside the SECTION II — COVERED AUTOS LIABIL-ITY United States, its territories and possessions, Puerto COVERAGE: (4) All reasonable expenses incurred Rico and Canada. You agree to maintain all required by the "insured" at our request, including actual loss or compulsory insurance in any such country up to the of earnings up to $500 a day be- cause of time off minimum limits required by local law. Your failure to from work. comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but F. HIRED AUTO—LIMITED WORLDWIDE COV- we will only be liable to the same extent we would ERAGE—INDEMNITY BASIS have been liable had you complied with the The following replaces Subparagraph (5) in Paragraph compulsory insurance requirements. B.7., Policy Period, Coverage Territory, of (d) It is understood that we are not an admitted or SECTION IV BUSINESS AUTO CONDITIONS: authorized insurer outside the United States of (5) Anywhere in the world, except any country or America, its territories and possessions, Puerto Rico jurisdiction while any trade sanction, embargo, or and Canada. We assume no responsibility for the similar regulation imposed by the United States of furnishing of certificates of insurance, or for America applies to and prohibits the transaction of compliance in any way with the laws of other countries relating to insurance. business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered G.WAIVER OF DEDUCTIBLE—GLASS "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less or borrow from The following is added to Paragraph D., Deductible, of any of your "employees", partners (if you are a SECTION III COVERAGE: -PHYSICAL DAMAGE partnership), members (if you are a limited liability COVERAGE: No deductible for a covered "auto" will company) or members of their households. (a) With apply to glass damage if the glass is repaired rather respect to any claim made or "suit" brought outside than replaced. the United States of America, the territories and possessions of the United States of America, Puerto H. HIRED AUTO PHYSICAL DAMAGE USE—LOSS Rico and Canada: OF USE-INCREASED LIMIT The following replaces the last sentence of Para- (i) You must arrange to defend the "insured"against, graph A.4.b., Loss Of Use Expenses, of SECTION III and investigate or settle any such claim or"suit" and — PHYSICAL DAMAGE COVERAGE: However, the keep us advised of all proceedings and actions most we will pay for any expenses for loss of use is (ii) Neither you nor any other involved "insured"will $65 per day, to a maximum of $750 for any one make any settlement "accident". (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement 1. PHYSICAL DAMAGE-TRANSPORTATION of, any claim or"suit". EXPENSES- INCREASED LIMIT CA T3 53 0215 50127925 1 19-20 All Lines w/ Prof & Pollution Liab I Prabhjot Aaur 1 7/23/2019 12:10:16 PM (PDT) I Page 10 of 12 POLICY# 8102N6450331926G The following replaces the first sentence in 5.Transfer Of Rights Of Recovery Against Others To Paragraph A.4.a., Transportation Expenses, of Us SECTION III- PHYSICAL DAMAGE COVERAGE: We waive any right of recovery we may have against We will pay up to$50 per day to a maximum of any person or organization to the extent required of $1,500 for temporary transportation expense incurred you by a written contract or"loss", provided that the by you because of the total theft of a covered "auto" of "accident" or 'loss" arises out of operations the private passenger type. contemplated by such contract. The waiver applies only to the person or organization designated in such J. PERSONAL PROPERTY- contract. The following is added to Paragraph A.4., Cover-age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: N. UNINTENTIONAL ERRORS OR OMISSIONS Personal Property:We will pay up to $400 for"loss" The following is added to Paragraph B.2., Con- to wearing apparel!and other personal property which cealment, Misrepresentation, Or Fraud, of IS: SECTION IV—BUSINESS AUTO CONDITIONS: (1) Owned by an "insured";and The unintentional omission of, or unintentional error (2) In or on your covered"auto" in, any information given by you shall not prejudice your rights under this insurance. How-ever this This coverage applies only in the event of a total theft provision does not affect our right to collect additional of your covered "auto" premium or exercise our right of cancellation or non- No deductibles apply to this Personal Property renewal. coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto"for Comprehensive Coverage under this policy; b.The airbags are not covered under any war-ranty; and c.The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss" L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV—BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or 'loss" ap-plies only when the"accident'or'loss" is known to: (a) You (if you are an individual); (b) A partner(if you are a partnership); (c) A member(if you are a limited liability company) (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e)Any"employee"authorized by you to give no-tice of the"accident'or"loss" M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5.,Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV BUSINESS AUTO CONDITIONS CA T3 53 02 50127925 1 19-20 All Lines w/ Prof & Pollution Liab 1 Prabhjot Kaur 1 7/23/2019 12:10:16 PM (PDT) Page 11 of 12 TRAVELER WORKERS CNMDPENSATION EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A)— POLICY NUMBE • B8K1125291926 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00% of the California workers' compensation pre- mium. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FORWHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/25/2019 Policy No. UB8K1125291926G Endorsement No. Insured: Elcor Electric, Inc. Premium Insurance Company Countersigned by 50127925 19-20 All Lines w/ Prof s Pollution Liab I Prabhjot Baur 1 7/23/2019 12:10:16 PM (PDT) I Page 12 of 12 i i Exhibit V Labor Code Requirements 1. The following prevailing wage provisions apply to this Agreement. 1.1 In General. For purposes of California labor law,this is a public works contract subject to the provisions of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with Labor Code Section 1771,Contractor and all subcontractors shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations CUR")to all workers employed on this project as applicable. In accordance with Labor Code Section 1815,Contractor and all subcontractors shall pay all workers employed on this project 1 '/2 the basic rate of pay for work performed in excess specified hour limitations. The work performed pursuant to this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial - Relations. 1.2 Registration. Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Public Contract Code,and shall not engage in the performance of any work under this Agreement,unless currently registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code. Contractor represents and warrants that it is registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code and will provide its DIR registration number,along with the registration numbers of any subcontractors as required,to the City. 1.3 Pasting. Contractor shall post at the job site the determination of the DIR director of the prevailing rate of per diem wages together with all job notices that are required by regulations of the DIR. 1.4 Reporting. Contractor and any subcontractors sliall keep accurate payroll records in accordance with Section 1776 of the Labor Code and shall furnish the payroll records directly to the Labor Commissioner in accordance with the law. 1.5 Report on Prevailing Rate of Wages. The City has obtained the general prevailing rate of per diem wages in the vicinity of the project for each type of worker needed,a copy of which is on file at the City of Cupertino City Hall,and shall be made available to any interested party upon request. 1.6 Employment of Apprentices. Contractor's attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of - apprentices by the Contractor or any subcontractor. It shall be the responsibility of the Contractor to effectuate compliance on the part of itself and any subcontractors with the requirements of said sections in the employment of apprentices. Information relative to apprenticeship standards,wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco,California,or from' the Division of Apprenticeship Standards and its branch offices. ' �I, i 1.7 Penalties. Contractor's attention is directed to provisions in Labor Code Sections 1775 and 1813. In accordance with Labor Code Section 1775,Contractor and subcontractors may be subject to penalties for Contractor's and subcontractors' failure to pay prevailing wage rates. In accordance with Labor Code Section 1813,Contractor or subcontractors may be subject to penalties for Contractor's or subcontractors' failure to pay overtime pay rates for hours worked by workers employed on this project in excess specified hour limitations. 1090602.1 A i V I Elcor Electric Inc. Miscellaneous Electrical Services at City Facilities Proposal Amount $ 24,000.00 Description Provide electrical services at City facilities. Account# unencumbered Proposal Amount Description Account# Allowance Amount Description Account# Unforeseeables/Extras SUBTOTAL $ 24,000.00 Contingency CONTRACT TOTAL $ 24,000.00 PW Supervisor Ken Tanase Carl Valdez-Superintendent Date