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19-177 BEAR Electrical Solutions, Stevens Creek Blvd West Street Light Infill Project
CITY OF PUBLIC WORKS CONTRACT $60,000 OR LESS CUPERTINO 1. PARTIES This public works contract("Contract") is made and entered into on October 28, 2019 ("Effective Date") by and between the City of Cupertino, a municipal corporation("City"), and BEAR Electrical Solutions , a Corporation ("Contractor") for Stevens Creels Blvd. West Street Light Infill Project 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies,transportation and any 1 other items or work necessary to perform and complete the work required for the Project("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on January 24,2020 j ("Contract Time") unless terminated earlier as provided herein. Contractor's Work shall begin on the date shown on a written Notice to Proceed("NTP") and must be fully completed within the Contract Time or on the date specifically provided in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has received satisfactory proof of insurance and any performance and payment bonds that may be required. 3.2 Time is of the essence for Contractor's performance and completion of the Work. Contractor must have sufficient time, resources, and qualified staff to deliver the work on time. 3.3 Liquidated damages of$ 200.00 will be charged for each day of unexcused delay, or City may deduct the amount from Contractor's payments. Liquidated damages are based on reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult to ascertain, such as loss of public confidence in City and its contractors, interference or loss of use of public facilities, and extended disruption to the public. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Work an amount that will based on actual costs but that will be capped so as not to exceed$47,500.00 oe- ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials, supplies, equipment,taxes, insurance,bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month, describing the Work performed during the preceding month, itemizing labor, materials, equipment and Public Works Project Stevens Creek Blvd.West Street Light Infill Proiect Public Works Contract$60,000/Rev.Jan.02,2019 Page I of I l 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 standing for the following classification(s): C-10,A, C31, C-6h/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 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 ff Contractor shall not assign,hypothecate, or transfer this Contract or any interest therein, directly or f 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 Stevens Creek Blvd. West Street Light Infill Project Public Works Contract$60,000 Rev.Jan. 02,2019 Page 2 of r l S. 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 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 Stevens Creek Blvd. West Street Light Infill Proiect Public Works Contract$60,000/Rev,Jan. 02,2019 Page 3 of I 1 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, clairns, 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 Work performed on or off the Project Site; and (d) Personal injury,property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party clairn, 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 Stevens Creek Blvd, West Street Light Infill Proiect Public Works Contract$60,000/Rev,Jan. 02,2019 Page 4 of 11 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all laws and regulations applicable to this Contract. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor's ability to perform. Contractor is responsible for verifying the employment status of employees performing the Work, as required by the Immigration Reform and Control Act 13.2 Labor Laws. (a) Contracts of$1,000 or more are subject to the requirements of the California Labor Code, including but not limited to: (i) Prevailing wage laws under Labor Code Section 1775,which require Contractor I to pay prevailing wages applicable in Santa Clara County for each craft, classification, or type of worker needed to perform the Work, including health, pension and vacation. The prevailing wage rates are on file with the City Engineer's office and are available online at http://www.dir.ca.gov/DLSR; (ii) Apprenticeship requirements under Labor Code Section 1777.5 for Contacts $30,000 or more; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812, and electronically submit them to the Labor Commissioner as required by the regulations of California, Department of Industrial Relations ("DIR"); (iv) Comply with DIR Monitoring, Enforcement and Registration requirements of Labor Code Section 1725.5. 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 $ 200.00 per worker for each day of violation. (c) As required by Labor Code Section 1861,by signing this Contract Contractor certifies as follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the Work on this Contract." 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability,marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome(AIDS) or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or Contractor's employees or sub-contractors will not be tolerated. Public works Project Stevens Creek Blvd. West Street Light Infill Project Public Works Contract$60,000/Rev.Jan. 02,2019 Page 5 of I 1 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 sum of 100%of the Contract Price, using the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California, with a financial rating from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes insolvent, Contractor must provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so,City may in its sole discretion and without prior notice,purchase bonds at Contractor's expense, deduct the cost from payments due Contractor, or terminate the Contract. City will not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.1 Contractor must call the Underground Service Alert("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and traffic signal conduits, City's Service Center must be called at(408) 777-3269. Government Code Section 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/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 Stevens Creek Blvd, West Street Liaht Infill Project 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 cominencing 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 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 Urnited to, the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences, and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season, October 15 through June 15, storm drain inlets impacted by construction work must be filter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed piles of soil or 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 Stoimwater 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 Stevens Creek Blvd West Street Light Infill Project Public Works Contract$60,000 Rev.Jan. 02, 2019 Page 7 of I I 17. PROJECT COORDINATION City Project Manager. City assigns Brad Alexander as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Brent Paulson as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work, consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-approval in writing, the time spent in closing out the Work will be compensated up to 10% of the total time expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any tune. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Work. 18.3 Final payment will not be made until Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay, abridge or bar City's right under this Section. 19. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION This Contract is governed by the laws of State of California. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrator's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Contract, the prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Stevens Creek Blvd. West Street Light Infill Project Public Works Contract$60,000/Rev.Jan. 02,2019 Page 8 of l 1 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 fi•om Contractor's Warranty Work, except any wear and tear or damage resulting from improper use or maintenance. 27. ENTIRE CONTRACT This Contract and the attachments, documents, and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contractor with respect to the Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions conflict or are inconsistent with the terms of this Contract, the Contract terms will control. 28. SEVERABILITYMARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal I 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 Stevens Creek Blvd. West Street Light Infill Proiect Public Works Contract$60,000 Rev.Jan.02,2019 Page 9 of 11 29. INSERTED PROVISIONS Each provision and clause required by law to be inserted in this Contract will be deemed to be included and will be inferred herein. Either parry may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one single document. 20. NOTICES All notices, requests, and approvals must be sent in writing to the persons below and will be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail,postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino: To Contractor: 10300 Torre Avenue, Cupertino CA 95014 BEAR Electrical Solutions Attention: Brad Alexander Attention: Robert Asuncion Copy to: Carl Valdez Copy to: Bret Paulson -- Email: brada(@,cupertino.org Email: robert c bear-electrical.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 Stevens Creek Blvd West Street Light Infill Proiect Public Works Contract$60,000 Rev.Jan. 02,2019 Page 10 of l 1 IN WITNESS WHEREOF, the parties have caused this Contract to be executed as of the Execution Date fast above written. CONTRACTOR BEAR Electrical Solutions CITY OF CUPERTINO, Corporation a Municipal Corporation By: By: UNC/d-A/ Roger Lee a Title:Vice President Title: Director of Public Works Signature Date: /V l.S' 1 9 _ Signature Date: 15 I ;�q ( I i i i APPROVED AS TO FORM: By: HEATHER M. MINNER Cupertino City Attorney ATTEST: By: GRACE SCHMIDT, City Clerk ek+ i I Ii 1 Public works Project Stevens Creek Blvd. West Street Light Infill Project Public Works Contract$60,000/Rev,Jan.02,2019 Page I I of I I AM EXHIBIT A ��� • Contractors License No. 982079 BE5A-General Engineering C-10 High Voltage Electrical C-31 -Work Zone Traffic Control BEHR ELECTRICAL SOLUTIONS D-31 Pole Installation and Maintenance DIR# 1000002158 SBE# 1752478 1341 Archer Street, PO Box 924, Alviso, CA 95002-0924 Tel:408-449-5178 Fax:408-449-5147 Quote DATE:9/26/2019 TO: Brad Alexander FROM: Brent Paulson COMPANY:City of Cupertino PHONE: (408)449-5178 PHONE: (408)777-3275 FAX: (408)449-5147 EMAIL:brada@cupertino.org BID/PROJECT: Stevens Creek Blvd Streetlight Infrastructure Installments PROPOSAL#WO-00112287 Our quote is valid for: 30 days, expiring on: 10/26/2019 We are pleased to offer our quotation for the above referenced project as follows: Site: Cupertino SL other Scope Summary:-Furnish and Install Qty(1)Type '15 Streetlight foundation adjacent to 22659 Stevens Creek Blvd Per plan with adjacent N9 pullbox-Furnish and Install Qty(1)Type 15 Streetlight foundation adjacent to 22714 Stevens Creek Blvd Per plan with adjacent N9 pullbox-Furnish and Install Qty(1)Type 15 Streetlight foundation adjacent to 22715 Stevens Creek Blvd Per plan with adjacent N9 pullbox-Rockwheel approximately 400ft for installation of new 1.5inch PVC conduit.-Connect conduits to streetlights and adjacent power source.-Leave conduits with mule tape,Wire installation and Pole Installation to be completed by city staff-City to furnish anchorbolts Exclusions: -Bonds-Licences-Permits Item Description Estimated Estimate Price Total Estimated Quantity Per Unit Price TOTAL LABOR, MATERIALS,AND 1 $47,500.00 $47,500.00 EQUIPMENT Subtotal: $47,500.00 Customer Signatur Date: /J� .4 TERMS AND CONDITIONS 1.ACCEPTANCE BES(also referred to as Bear Electrical Solutions or Contractor)proposal/contract may accompany the Customer's Purchase Order,Work Order or Contract in order to validate the bid proposal. It is understood that the issuance of a work order,purchase order,contract,signature of this proposal,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 whole. 2.BILLING TERMS Payment for services rendered is due in full upon receipt of invoice. Invoice shall be payable in full. Obligation of Customer to pay BES is independent from and unrelated to other obligations owed between Customer and BES and/or Customer and any other party.This proposal is based on rates in effect at the date of our initial 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 will 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.Change orders will be either based on a new proposal or on a Time and Material basis, 4.ALTERATIONS: BES shall be held harmless for fines,citations,injuries and property damage that results from our electrical work being altered from its original design. 5, INDEMNIFICATION The customer agrees to fully indemnify and hold harmless BES from all claims,costs,actions,damages,liabilities and expense, including reasonable attorney's fees,which may be brought or made against BES,excepting only such actions,claims,costs, damages,liabilities and expenses resulting from the sole negligence of BES.The intent hereof is that Customer shall fully indemnify and hold harmless BES to the maximum extent allowed by law. 6.GENERAL: This proposal/contract(the"Agreement")may be signed in two or more counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid,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 shall 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 duly authorized representative of the parties. i 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'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. EX�r1'111 i I I }, I I EXHIBIT A -ti,�•,,',�t,Y. �f .i cz 7,4 , y C A � .T. AT m alp _ _ .."`(�—�._. _ •O� �_._..,.rya.__.._ _ O- .r•�-. —-.p�"-;— , t i rW Ln - _ I w5ti hlO I r i 1 _ ' I r - I ' r ►--1 -�I t4e,k! 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,file veals.follotirillg 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 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 "occurrence" basis, written on a comprehensive general liability,fornl, and must include coverage.for liability ' ti arising from Contractor's or Subcontractor's acts or omissions, inchlding 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 liability forpersonal injcay, 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 lunit. a. It shall be a requirement under thus 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 0104 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the 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 covering any auto(Code 1),or if Contractor has no owned autos,then hired autos (Code 8) and non-owned autos (Code 9), with limit no 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 lj required by statute.If Contractor is self-insured,Contractor must provide a Certificate of Pemnission to Self-Insure, duly authorized by the DM. ❑ 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/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 not involve construction or irnprovetnents/installations to property). Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 t i 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than$1,000,000 per occurrence or claim, and$2,000,000 policy aggregate. ® N/A if box checked (Project does not invoke environmental hazards). If Contractor maintains broader coverage and/or higher 1units 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 perfonned 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 CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage or 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 0104 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 Urnbrella/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 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. Insitrance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 2 i 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 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 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 As required by Contract and described in the Contract Documents.The Payment and Perfomnance 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. Insurance Requirements for Construction Contracts-$60,000 Version:Jan. 2019 3 AC R" CERTIFICATE OF LIABILITY INSURANCE r ATE(MMIDDIYYYY) 10/28/2019 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 Woodruff-Sawyer&Co. PHONE FAX 50 California Street, Floor 12 415-391-2141 A/c No),415-989-9923 San Francisco CA 94111 A DRIESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:Hartford Underwriters Insurance Company 30104 INSURED BEARELE-01 INSURER B:Hartford Fire Insurance Company 19682 Bear Electrical Solutions, Inc.1341 Archer Street INSURER C:Hartford Casualty Insurance Company 29424 Alviso CA 95002 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:484173944 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 57UEAFN9382 2/1/2019 2/1/2020 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $100,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICYFXJ PRO- F-] LOC PRODUCTS-COMP/OP AGG $2,000,000 / OTHER: $ B AUTOMOBILE LIABILITY 57UEAFN9268 2/1/2019 2/1/2020 Ea accident) $1,000,000LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) X HIRED N NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ C X UMBRELLA LIAB X OCCUR Y 57RHAFN9350 2/1/2019 2/1/2020 EACH OCCURRENCE J$5,000,000 EXCESS LIAB CLAIMS-MADE ( AGGREGATE l/ $5,000,0001 DED I I RETENTION$ ` $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTN ER/EXECUTI V E OFFICER/MEMBER EXCLUDED? ❑ N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) RE:All Agreements.The City of Cupertino,it's City Council,officers,officials,employees,agents servants and volunteers and all public agencies from whom permits will be obtained and their officers,officials,employees,agents,servants and volunteers are additional insured per the attached endorsements, wherein 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 City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. 10300 Torre Avenue Cupertino CA 95014 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy #57RHAFN9350 toy THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION - PRIMARY OR PRIMARY AND NON-CONTRIBUTORY WHEN REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT This endorsement modifies insurance provided under the following: UMBRELLA LIABILITY POLICY I. Paragraph B.2 of Section III — Who Is An G. Other Insurance Insured is replaced by the following: 1. This policy shall apply in excess of all 2. Any person or organization with whom you "underlying insurance" whether or not agreed, because of a written contract, written valid and collectible. It shall also apply in agreement or because of a permit issued by a excess of other valid and collectible state or political subdivision, to provide insurance (except other insurance insurance such as is afforded under this policy, purchased specifically to apply in but only with respect to your operations, "your excess of this insurance) which also work"or facilities owned or used by you. applies to any loss for which insurance This provision does not apply: is provided by this policy. a. Unless the written contract or written These excess provisions apply, whether agreement has been executed, or the such other insurance is stated to be: permit has been issued prior to the a. Primary; "bodily injury", "property damage", or b. Contributing; "personal and advertising injury"; and c. Excess; or b. Unless the limits of liability specified in d. Contingent. such written contract, written agreement or permit are greater than the limits 2• However, the following provisions apply shown for"underlying insurance"; or to other insurance available to any c. Beyond the period of time required by person or organization qualifying as an additional insured under Paragraph B.2. the written contract or written of Section III — Who Is An Insured, as agreement. amended by Item I. of this endorsement In no event shall any coverage afforded to and who is also an additional insured any such person or organization apply to any under the Commercial General Liability claim or"suit"to which "underlying insurance" Coverage Part scheduled in the does not apply. Coverage provided by this "underlying insurance": policy for any such additional insured will a. Primary Insurance When follow the provisions, exclusions and Required By Contract limitations of the"underlying insurance". II. Solely as respects the insurance afforded to any c you have agreed in a written contract, written agreement or person or organization qualifying as an permit to provide primary insurance additional insured under Paragraph I. above, the to the additional insured, then, after Other Insurance condition in Section VI — the "underlying insurance" is Conditions is replaced by the following: Form XL 24 37 09 11 Page 1 of 2 © 2011, The Hartford (Includes copyrighted material of Insurance Services Office, Inc.,with its permission.) exhausted, this insurance will be III. The following is added to Section IV—Limits Of primary. If other insurance is also Insurance: primary, we will share with all that H. How Limits Apply To Additional Insureds other insurance by the method described in Paragraph 3. below. If you have agreed in a written contract, written agreement or permit that another b. Primary And Non-Contributory To person or organization be added as an Other Insurance When Required additional insured on the Commercial By Contract General Liability Coverage Part scheduled in If you have agreed in a written the "underlying insurance" and such person contract, written agreement, or or organization also qualifies as an permit to provide insurance to the additional insured under this policy, the most additional insured that is primary we will pay on behalf of such insured is the and non-contributory, then, after the lesser of: "underlying insurance" is exhausted, a. The limits of insurance specified in the this insurance will be primary and written contract, written agreement or we will not seek contribution from permit, less any amounts payable by the additional insured's own any"underlying insurance"; or insurance. b. The Limits of Insurance shown in the Paragraphs a. and b. do not apply to other insurance on which the additional Umbrella Liability Policy Declarations. insured qualifies as an additional Such amount shall be a part of and not in insured pursuant to the terms of that addition to the Limits of Insurance shown in policy or has been added as an the Umbrella Liability Policy Declarations additional insured by endorsement. and described in other provisions of this 3. Method Of Sharing Section. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Page 2 of 2 Form XL 24 37 09 11 Policy#57UEAFN9382 with respect to duties as such. That 5. Additional Insureds When Required By representative will have all your rights and Wrilten Contract, Written Agreement Or duties under this Coverage Part. Permit--- e. Unnamed Subsidiary The following person(s) or organization(s) are an Any subsidiary, and subsidiary thereof, of additional insured when you have agreed, in a yours which is a legally incorporated entity of written contract, written agreement or because of which you own a financial interest of more a permit issued by a state or political subdivision, than 50% of the voting stock on the effective that such person or organization be added as an date of the Coverage Part. additional insured on your policy, provided the The insurance afforded herein for any injury or damage occurs subsequent to the subsidiary not named in this Coverage Part execution of the contract or agreement, as a named insured does not apply to injury A person or organization is an additional insured or damage with respect to which such insured under this provision only for that period of time is also a named insured under another policy required by the contract or agreement. or would be a named insured under such However, no such person or organization is an policy but for its termination or the exhaustion insured under this provision if such person or of its limits of insurance. organization is included as an insured by an 3. Newly Acquired Or Formed Organization endorsement issued by us and made a part of Any organization you newly acquire or form, this Coverage Part. other than a partnership, joint venture or limited a. Vendors liability company, and over which you maintain Any person(s) or organization(s) (referred to financial interest of more than 50% of the voting below as vendor), but only with respect to stock, will qualify as a Named Insured if there is "bodily injury" or "property damage" arising no other similar insurance available to that out of"your products" which are distributed or organization. However: sold in the regular course of the vendor's a. Coverage under this provision is afforded only business and only if this Coverage Part until the 180th day after you acquire or form provides coverage for "bodily injury" or the organization or the end of the policy "property damage" included within the period,whichever is earlier; "products-completed operations hazard". b. Coverage A does not apply to "bodily injury" (1) The insurance afforded the vendor is or "property damage" that occurred before subject to the following additional you acquired or formed the organization; and exclusions: c. Coverage B does not apply to "personal and This insurance does not apply to: advertising injury" arising out of an offense (a) "Bodily injury" or"property damage"for committed before you acquired or formed the which the vendor is obligated to pay organization. damages by reason of the assumption 4. Nonowned Watercraft of liability in a contract or agreement. With respect to watercraft you do not own that is This exclusion does not apply to liability for damages that the vendor less than 51 feet long and is not being used to would have in the absence of the carry persons for a charge, any person is an contract a agreement; insured while operating such watercraft with your permission. Any other person or organization (b) Any express warranty unauthorized by responsible for the conduct of such person is you; also an insured, but only with respect to liability (c) Any physical or chemical change in the arising out of the operation of the watercraft, and product made intentionally by the only if no other insurance of any kind is available vendor; to that person or organization for this liability. (d) Repackaging, except when unpacked However, no person or organization is an insured solely for the purpose of inspection, with respect to: demonstration, testing, or the a. "Bodily injury" to a co-"employee" of the substitution of parts under instructions person operating the watercraft; or from the manufacturer, and then b. "Property damage" to property owned by, repackaged in the original container; rented to, in the charge of or occupied by you (e) Any failure to make such inspections, or the employer of any person who is an adjustments, tests or servicing as the insured under this provision. vendor has agreed to make or normally Page 12 of 21 HG 00 01 09 16 undertakes to make in the usual This insurance does not apply to: course of business, in connection with 1. Any "occurrence" which takes place after the distribution or sale of the products; you cease to lease that land; or (f) Demonstration, installation, servicing 2. Structural alterations, new construction or or repair operations, except such demolition operations performed by or on operations performed at the vendor's behalf of such person or organization. premises in connection with the sale of the product; d. Architects, Engineers Or Surveyors (g) Products which, after distribution or Any architect, engineer, or surveyor, but only sale by you, have been labeled or with respect to liability for "bodily injury", relabeled or used as a container, part "property damage" or "personal and or ingredient of any other thing or advertising injury" caused, in whole or in part, substance by or for the vendor; or by your acts or omissions or the acts or (h) "Bodily injury" or "property damage" omissions of those acting on your behalf: arising out of the sole negligence of the (1) In connection with your premises; or vendor for its own acts or omissions or (2) In the performance of your ongoing those of its employees or anyone else operations performed by you or on your acting on its behalf. However, this behalf, exclusion does not apply to: With respect to the insurance afforded these (i)The exceptions contained in Sub- additional insureds, the following additional paragraphs (d)or(f); or exclusion applies: (ii) Such inspections, adjustments, This insurance does not apply to "bodily tests or servicing as the vendor has injury", "property damage" or "personal and agreed to make or normally advertising injury" arising out of the rendering undertakes to make in the usual of or the failure to render any professional course of business, in connection services by or for you, including: with the distribution or sale of the 1. The preparing, approving, or failing to products. prepare or approve, maps, shop drawings, (2) This insurance does not apply to any opinions, reports, surveys, field orders, insured person or organization, from change orders or drawings and whom you have acquired such products, specifications; or or any ingredient, part or container, 2. Supervisory, inspection, architectural or entering into, accompanying or containing engineering activities. such products. This exclusion applies even if the claims b. Lessors Of Equipment against any insured allege negligence or (1) Any person(s) or organization(s) from other wrongdoing in the supervision, hiring, whom you lease equipment; but only with employment, training or monitoring of others respect to their liability for "bodily injury", by that insured, if the "occurrence" which "property damage" or "personal and caused the "bodily injury" or "property advertising injury" caused, in whole or in damage", or the offense which caused the part, by your maintenance, operation or "personal and advertising injury", involved the use of equipment leased to you by such rendering of or the failure to render any person(s)or organization(s). professional services by or for you. (2) With respect to the insurance afforded to e. Permits Issued By State Or Political these additional insureds this insurance Subdivisions does not apply to any "occurrence" which Any state or political subdivision, but only with takes place after the equipment lease respect to operations performed by you or on expires. your behalf for which the state or political c. Lessors Of Land Or Premises subdivision has issued a permit. Any person or organization from whom you With respect to the insurance afforded these lease land or premises, but only with respect additional insureds, this insurance does not to liability arising out of the ownership, apply to: maintenance or use of that part of the land or (1) "Bodily injury", "property damage" or premises leased to you. "personal and advertising injury" arising With respect to the insurance afforded these out of operations performed for the state additional insureds the following additional or municipality;or exclusions apply: HG 00 01 09 16 Page 13 of 21 (2) "Bodily injury" or "property damage" by that insured, if the "occurrence" which included within the "products-completed caused the "bodily injury" or "property operations hazard". damage", or the offense which caused the f. Any Other Party "personal and advertising injury", involved the Any other person or organization who is not rendering of or the failure to render any professional services by or for you. an additional insured under Paragraphs a. through e. above, but only with respect to The limits of insurance that apply to additional liability for "bodily injury", "property damage" insureds is described in Section III — Limits Of or"personal and advertising injury" caused, in Insurance. whole or in part, by your acts or omissions or How this insurance applies when other insurance the acts or omissions of those acting on your is available to the additional insured is described behalf: in the Other Insurance Condition in Section IV— (1) In the performance of your ongoing Commercial General Liability Conditions. operations; No person or organization is an insured with respect (2) In connection with your premises owned to the conduct of any current or past partnership, by or rented to you; or joint venture or limited liability company that is not (3) In connection with "your work" and shown as a Named Insured in the Declarations, included within the "products-completed SECTION III—LIMITS OF INSURANCE operations hazard",but only if 1. The Most We Will Pay (a) The written contract or agreement The Limits of Insurance shown in the requires you to provide such coverage Declarations and the rules below fix the most we to such additional insured; and will pay regardless of the number of: (b) This Coverage Part provides coverage a. Insureds; for"bodily injury"or "property damage" b. Claims made or"suits"brought; or included within the products- completed operations hazard". c. Persons or organizations making claims or However: bringing"suits". (1) The insurance afforded to such additional 2. General Aggregate Limit insured only applies to the extent The General Aggregate Limit is the most we will permitted by law; and pay for the sum of: (2) If coverage provided to the additional a. Medical expenses under Coverage C; insured is required by a contract or b. Damages under Coverage A, except agreement, the insurance afforded to such damages because of "bodily injury" or additional insured will not be broader than "property damage" included in the "products- that which you are required by the contract completed operations hazard'; and or agreement to provide for such c. Damages under Coverage B. additional insured. 3. Products-Completed Operations Aggregate With respect to the insurance afforded to Limit these additional insureds, this insurance does not apply to: The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A "Bodily injury", "property damage" or for damages because of "bodily injury" and "personal and advertising injury"arising out of "property damage" included in the "products- the rendering of, or the failure to render, any completed operations hazard". professional architectural, engineering or 4. Personal And Advertising Injury Limit surveying services, including: 9 ry (1) The preparing, approving, or failing to Subject to 2. above, the Personal and prepare or approve, maps, shop drawings, Advertising Injury Limit is the most we will pay opinions, reports, surveys, field orders, under Coverage B for the sum of all damages change orders or drawings and because of all "personal and advertising injury" specifications;or sustained by any one person or organization. (2) Supervisory, inspection, architectural or 5. Each Occurrence Limit engineering activities. Subject to 2. or 3. above, whichever applies, the This exclusion applies even if the claims Each Occurrence Limit is the most we will pay for against any insured allege negligence or the sum of: other wrongdoing in the supervision, hiring, a. Damages under Coverage A; and employment, training or monitoring of others Page 14 of 21 HG 00 01 09 16 primarily to provide mobility to permanently e. Oral, written or electronic publication, in any attached equipment of the following types: manner, of material that violates a person's (1) Air compressors, pumps and generators, right of privacy; including spraying, welding, building f. Copying, in your "advertisement", a person's cleaning, geophysical exploration, lighting or organization's "advertising idea" or style of and well servicing equipment; or "advertisement"; or (2) Cherry pickers and similar devices used to g. Infringement of copyright, slogan, or title of raise or lower workers; any literary or artistic work, in your f. Vehicles not described in a.,b., c. or d. above "advertisement". maintained primarily for purposes other than 18."Pollutants" mean any solid, liquid, gaseous or the transportation of persons or cargo. thermal irritant or contaminant, including smoke, However, self-propelled vehicles with the vapor, soot, fumes, acids, alkalis, chemicals and following types of permanently attached waste. Waste includes materials to be recycled, equipment are not"mobile equipment" but will reconditioned or reclaimed. be considered "autos": 19."Products-completed operations hazard": (1) Equipment designed primarily for: a. Includes all "bodily injury" and "property (a) Snow removal; damage" occurring away from premises you (b) Road maintenance, but not own or rent and arising out of "your product" or"your work"except: construction or resurfacing; or (1) Products that are still in your physical (c) Street cleaning; possession; or (2) Cherry pickers and similar devices (2) Work that has not yet been completed or mounted on automobile or truck chassis abandoned. However, "your work" will be and used to raise or lower workers; and deemed completed at the earliest of the (3) Air compressors, pumps and generators, following times: including spraying, welding, building (a) When all of the work called for in your cleaning, geophysical exploration, lighting contract has been completed. and well servicing equipment. (b) When all of the work to be done at the However, "mobile equipment" does not include job site has been completed if your any land vehicle that is subject to a compulsory contract calls for work at more than or financial responsibility law or other motor one job site. vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a (c) When that part of the work done at a compulsory or financial responsibility law or other job site has been put to its intended motor vehicle insurance law are considered use by any person or organization "autos". other than another contractor or 16."Occurrence" means an accident, including subcontractor working on the same project. continuous or repeated exposure to substantially the same general harmful conditions. Work that may need service, 17."Personal and advertising injury" means maintenance, correction, repair orreplacement, but which is otherwise injury, including consequential "bodily injury", complete, will be treated completed. arising out of one or more of the following offenses: b. Does not include "bodily injury" or "property a. False arrest, detention or imprisonment; damage"arising out of: (1) The transportation of property, unless the b. Malicious prosecution; injury or damage arises out of a condition c. The wrongful eviction from, wrongful entry in or on a vehicle not owned or operated into, or invasion of the right of private by you, and that condition was created by occupancy of a room, dwelling or premises the "loading or unloading" of that vehicle that a person or organization occupies, by any insured; committed by or on behalf of its owner, (2) The existence of tools, uninstalled landlord or lessor; equipment or abandoned or unused d. Oral, written or electronic publication, in any materials;or manner, of material that slanders or libels a (3) Products or operations for which the person or organization or disparages a classification, listed in the Declarations or person's or organization's goods, products or in a policy Schedule, states that products- services; Page 20 of 21 HG 00 01 09 16 completed operations are subject to the 24."Your product": General Aggregate Limit. a. Means: 20."Property damage"means: (1) Any goods or products, other than real a. Physical injury to tangible property, including property, manufactured, sold, handled, all resulting loss of use of that property. All distributed or disposed of by: such loss of use shall be deemed to occur at (a) You; the time of the physical injury that caused it;or (b) Others trading under your name; or b. Loss of use of tangible property that is not (c) A person or organization whose physically injured. All such loss of use shall business or assets you have acquired; be deemed to occur at the time of the and "occurrence"that caused it. (2) Containers (other than vehicles), As used in this definition, computerized or materials, parts or equipment furnished in electronically stored data, programs or software connection with such goods or products. are not tangible property. Electronic data means b. Includes information,facts or programs: (1) Warranties or representations made at a. Stored as or on; any time with respect to the fitness, b. Created or used on; or quality, durability, performance or use of c. Transmitted to or from; "your product";and computer software, including systems and (2) The providing of or failure to provide warnings or instructions. applications software, hard or floppy disks, CD- c. Does not include vending machines or other ROMS, tapes, drives, cells, data processing g devices or any other media which are used with property rented to or located for the use of electronically controlled equipment. others but not sold. 21."Suit" means a civil proceeding in which 25."Your work": damages because of "bodily injury", "property a. Means: damage" or "personal and advertising injury" to (1) Work or operations performed by you or which this insurance applies are alleged. "Suit" on your behalf;and includes: (2) Materials, parts or equipment furnished in a. An arbitration proceeding in which such connection with such work or operations. damages are claimed and to which the b. Includes insured must submit or does submit with our consent; or (1) Warranties or representations made at b. Any other alternative dispute resolution any time with respect to the fitness, proceeding in which such damages are quality, durability, performance or use of claimed and to which the insured submits with "your work", and our consent. (2) The providing of or failure to provide 22."Temporary worker" means a person who is warnings or instructions. 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 your"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 other compensation by you or anyone else for their work performed for you. HG 00 01 09 16 Page 21 of 21 Policy No. 57UEAFN9382 (3) Any manager, if you or the additional (3) Tenant Liability insured is a limited liability company; That is insurance purchased by you to (4) Any "executive officer" or insurance cover your liability as a tenant for manager, if you or the additional insured is "property damage" to premises rented to a corporation; you or temporarily occupied by you with (5) Any trustee, if you or the additional permission of the owner; insured is a trust; or (4) Aircraft,Auto Or Watercraft (6) Any elected or appointed official, if you or If the loss arises out of the maintenance or the additional insured is a political use of aircraft, "autos" or watercraft to the subdivision or public entity. extent not subject to Exclusion g. of This duty applies separately to you and any Section I - Coverage A - Bodily Injury And additional insured. Property Damage Liability; 3. Legal Action Against Us (5) Property Damage To Borrowed Equipment Or Use Of Elevators No person or organization has a right under this If the loss arises out of"property dama e" Coverage Part: g a. To join us as a party or otherwise bring us to borrowed equipment or the use of elevators to the extent not subject to into a "suit" asking for damages from an Exclusion j. of Section I - Coverage A - insured; or Bodily Injury And Property Damage b. To sue us on this Coverage Part unless all of Liability; its terms have been fully complied with. (6) When You Are Added As An Additional A person or organization may sue us to recover Insured To Other Insurance on an agreed settlement or on a final judgment Any other insurance available to you against an insured; but we will not be liable for covering liability for damages arising out damages that are not payable under the terms of of the premises or operations, or products this Coverage Part or that are in excess of the and completed operations, for which you applicable limit of insurance. An agreed have been added as an additional insured settlement means a settlement and release of by that insurance; or liability signed by us, the insured and the claimant or the claimant's legal representative. (7) When You Add Others As An 4. Other Insurance Additional Insured To This Insurance If other valid and collectible insurance is Any other insurance available to an additional insured. available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our However, the following provisions apply to obligations are limited as follows: other insurance available to any person or a. Primary Insurance organization who is an additional insured under this coverage part. This insurance is primary except when b. (a) Primary Insurance When Required below applies. If other insurance is also By Contract primary, we will share with all that other insurance by the method described in c. This insurance is primary if you have below. agreed in a written contract or written agreement that this insurance be b. Excess Insurance primary. If other insurance is also This insurance is excess over any of the other primary, we will share with all that insurance, whether primary, excess, other insurance by the method contingent or on any other basis: described in c. below. (1) Your Work (b)Primary And Non-Contributory To That is Fire, Extended Coverage, Builder's Other Insurance When Required By Risk, Installation Risk or similar coverage Contract for"your work"; If you have agreed in a written (2) Premises Rented To You contract, written agreement, or permit That is fire, lightning or explosion that this insurance is primary and non- contributory with the additional insurance for premises rented to you or insured's own insurance,this insurance temporarily occupied by you with is primary and we will not seek permission of the owner; contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 ,aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD1/30/2019/2019 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: ACE American Insurance Company 22667 INSURED INSURER B: Barrett Business Services,Inc.UC/F BEAR ELECTRICAL SOLUTIONS, INC. INSURER C: 1341 ARCHER STREET INSURER D: SAN JOSE,CA 95131 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 CERTIFICATE MAY BE ISSUES 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea $ occurence) CLAIMS-MADE �OCCUR -- MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ "POLICY PROJ iLOC PRODUCTS-COMP/OP AGG $ i Y � l ECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'ANY AUTO (Ea accident) $ 1 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY(Per person) $ - ' !- -- i BODILY INJURY Per accident) HIRED AUTOS ,; 1 NON-OWNED AUTOS ( $ PROPERTY DAMAGE $ i UMBRELLA LIAB iOCCUR EACH OCCURRENCE $ iEXCESS LIAB iOCCUR AGGREGATE $ 1 i DED I Ij RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' C66009919 02/01/19 02/01/2020 �/ WC STATU- OTH- LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A E.L.EACH ACCIDENT $2,000,000 OFFICER/MEMBER EXCLUDED? Covered states: (Mandatory In NH)If yes,describe under CA E.L.DISEASE-EA EMPLOYEE $2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATA THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE City of Cupertino POLICY PROVISIONS. 10300 Torre Ave AUTHORIZED REPRESENTATIVE Cupertino Ca 95014 Authorized RepRw=� tt5 lia_._ c) 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD. AGENCY CUSTOMER ID: LOC:#: ACORO° `„� 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 NAIC CODE 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 Insured Endorsement Number BARRETT BUSINESS SERVICES, INC. L/C/F BEAR ELECTRICAL SOLUTIONS, INC. Policy Number 8100 NE PARKWAY DRIVE, STE. 200 VANCOUVER WA 98662 Symbol: WLR Num"r6009919 Policy Period Effective Date of Endo sement 02-01-2019 TO 02-01-2020 02-01-2019 Issued By(Name of Insurance Company) ACE AMERICAN INSURANCE COMPANY Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the olic . CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page. 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 waiver applies only with respect 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 Waiver 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 premium charge for this endorsement shall be 2 . 0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Minimum Premium : $0 Authorized Agent WC 99 03 22 IFIC —+� Surety PERFORMANCE BOND Bond No.0766333 Premium:$520.00 KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned, Bear Electrical Solutions,Inc. ------------------------------------------------------------------------------------------------------------------------------------------- as Principal,and Harco National Insurance Company with its home office at One Newark Center,20th Floor,Newark,New Jersey a corporation organized and existing under and by virtue of the laws of State of Illinois ,and duly authorized to transact business in the State of California , as Surety,are held and firmly bound unto City of Cupertino -------------------------------------------------------------------------------------------------------------------------------------------- (hereinafter referred to as "Obligee") in the penal SUM of Forty Seven Thousand Five Hundred and no/100--------------------------------------------------------- ($47,500.00------------------ ) dollars, for payment of which well and truly to be made contingent upon all of the terms and conditions hereof, we hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns. SIGNED and sealed this 15th day of October 2019 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named Principal did on the 28th day of October 2019 , enter into a written contract with the Obligee for Stevens Creek Blvd.,West Street Light Infill Project (hereinafter"the Contract"). NOW,if the said Bear Electrical Solutions,Inc. shall well and faithfully do and perform the things agreed by City of Cupertino to be done and performed according to the terms of the said Contract, we agreeing and assenting that this undertaking shall be for the benefit of the Obligee herein only; then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the total liability of the Surety hereunder shall in no event exceed the penal amount of this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments issued by the Surety under this bond, whether to 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 incurred in undertaking 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 j any such payment(s) and/or incur any such costs and Obligee covenants and agrees that the Surety may cease any and all work, payments or other performance hereunder of any kind whatsoever at any time that the penal amount of the bond has been reached or that the Surety deems the penal amount will be reached due to obligations incurred by the Surety(whether or not payment has been issued therefor); all without any requirement of prior notice to Obligee, and that any and all further obligations of Surety hereunder shall thereupon be deemed fully and unconditionally discharged. i Bond No.0766333 If there is no Obligee Default, the Obligee having performed all of its obligations under the Contract,the Surety's obligation to the Obligee under this bond shall arise after: a) The Obligee has notified the Principal and the Surety at its address described above that the Obligee is considering declaring a default and has requested and attempted to arrange a conference with the Principal and the Surety to be held not later than fifteen (15) days after receipt of such notice to discuss methods of performing the Contract. If the Obligee, the Principal and the Surety agree, the Principal shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive the Obligee's right,if any, subsequently to declare a default;and b) The Obligee has declared a default and formally terminated the Principal's right to complete the Contract in accordance with the terms of the Contract. Such default and termination shall not be declared earlier than twenty (20) days after the Principal and the Surety have received notice as provided in subparagraph a above;and 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 only;or d) Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation,determine the amount for which it may be liable to the Obligee, subject to all of the limitations as set forth herein and particularly in subparagraph c above, and as soon as practicable after the amount is determined,tender payment therefore to the Obligee;or I 2. Deny liability in whole or in part and notify the Obligee citing reasons therefore. 2 I I Bond No.0766333 Surety's liability to Obligee hereunder is limited to the reasonable costs of completion of the Contract in excess of the balance of the Contract Price, and Surety shall not be liable for any other claims,costs,losses or expenses of Obligee or any other party of any nature whatsoever. { Obligee agrees that amounts owed by Obligee to the Principal under the Contract shall be used for the performance of the Contract and to pay valid 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 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; 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. i 3 I Bond No.0766333 Bear Electric6l'S lutions, Inc Attest: Principal: Harco National Insurance Company Attest Refer to Attached Power By: of Attorney ara Ridge, Attorney-In-Fact(Seal) 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 rcrycr�eras.;ur�x•,i�r,�c���,c�a>c��c.�c��c��.�ccc�rer,�.�=r. o - ,. - - - - -.,�.c�ra 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 Contra Costa ) On October 15,2019 before me, Yvonne Roncagliolo,Notary Public Date Here Insert Name and Title of the Officer personallyappeared Sara Ridge----------------------------------------------------------------------------------------------------- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) Ware- subscribed to the within instrument and acknowledged to me that-h, /sheA#hey- executed the same in -his/herfteir authorized capacity(ies ,,and that by*a/her/theif-signatureH on the instrument the persons}, or the entity upon behalf of which the person(oacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ro. YVONNE RONCAGLIOLO Notary Public-California Signature r= Contra Costa County i nature of Notary Public -, 9 ry Commission tt 2299104 My Comm.Expires Aug 24,2023 �e�as�rs Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sara Ridge A ft is Name: El Corporate Officer — Title(s): - ❑Corpo Officer — Title(s): ❑Partner — ❑ Limited ❑General ❑ Partner — ited ❑G al El Individual Ci Attorney in Fact ❑ Individual ❑ y in Fact ❑Trustee El or Conservator El Trustee uardia Conservator El Other: ❑ Other: Signer Is Representing: Signer epresenting: ©2014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 POWER OF ATTORNEY Bond# 0766333 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 702 Oberlin Road, Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint VALERIE GARCIA,ALICIA DASS,KELLY HOLTEMANN,NANCY L.HAMILTON,ROGER C.DICKINSON,THOMAS E.HUGHES,CHARLES R.SHOEMAKER, STANLEY D.LOAR,MARK M.MUNEKAWA,NERISSA S.BARTOLOME,JOAN DELUCA,SARA RIDGE,PATRICK R.DIEBEL,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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior 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,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 .....,,... Sell STATE OF NEW JERSEY STATE OF ILLINOIS ;4�0:oAp0 ". +' �y pPQORgf y� County of Essex County of Cook �' �"" c SEAL ° : SEAL p. *+ 1904 n �j O' 1994 't a Kenneth Chapman Executive Vice President,Harco National Insurance Company and International Fidelity Insurance 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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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. "1111"''�., IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, A: New Jersey the day and year first above written. Oay.% h ti IOTA"A. o•.0- 2 0;500'j9o'•�•.\ ;� °W uERS���` Shirelle A.Outley a Notary Public of New Jersey '"1 1 11"0 CERTIFICATION My Commission Expires April 4,2023 I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 office 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, October 15,2019 A00467 — Irene Martins,Assistant Secretary IFIC ' --►Surety PAYMENT BOND Bond No.0766333 Premium Included in Perf.Bond KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned, Bear Electrical Solutions,Inc. ------------------------------------------------------------------------------------------------------------------------------------- as Principal, and Harco National Insurance Company ,with its home office at One Newark Center, 20th Floor, Newark, New Jersey corporation orgarized and existing underand by virtue of the laws of State of Illinois, and duly authorizedtotransactbusiness in theStateof California , as Surety, are held andfi rmly bound u nto City of Cupertino (hereinafter referredtoas"Obligee") in the penalsum of Forty Seven Thousand Five Hundred and no/100------------------------------------------------------------------ $(47,500.00--------------- ) 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,administrators,successors andassigns. SIGNED and sealedthis 15th day of October 20 19 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, WHEREAS, the above named Principal did on the 28th day of October 2019 enterinto a writtencontrad:with the Obligee for Stevens Creek Blvd.,West Street Light Infill Project (hereinaftertheContract"). NOW, if the said Bear Electrical Solutions,Inc. shall pay all valid and adecpately documented claims asserted by Clai mants as cletined herein,we agreeingand assentingthat this undertaking shall be for the benefit of such Claimants, then this obligation shalI be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the total liability of the Surety hereunder shallin no event exceedthe penal amountof this obligation as herein stated. Anything herein to the contrary notwithstanding, the Obligee agrees that any and all payments issued by the Surety underthis bond,are to be credited againstthe penal amount of the bond. No suitor action shall be commenced hereunder by any Claimant: a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to all of thefollowing:The Principal, theebligee, andthe 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 theamountclai med and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by railing the same by registered mail orcertified mail, postageprepaid,in an envelope addressed to the Principal,Obligee or Surety, as the case may be, at any place where an office is regularly maintainedfor the transaction of business,or served in any manner in which legal process may be served in the state in which the aforesaid project is located,save that such services need not be madeby a public officer; Bond No.0766333 b) After the expiration of one (1) year following the date upon which the Claimant last performed work or furnished materials under said contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law; c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the District in which the project, or any 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. Bear ctric Solutions,Inc. Attest: Principal: Harco National Insurance Company Attest: Refer to Attached Power By: of Attorney Sara Ridge, Attorney-In-Fact (Seal) 2 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 Contra Costa ) On October 15,2019 before me, Yvonne Roncagliolo,Notary Public Date Here Insert Name and Title of the Officer personally appeared Sara Ridge---—------------—------—------------------------------------------------------------------------- Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(&} whose name(s) Ware- subscribed to the within instrument and acknowledged to me that-He/she/##-ey executed the same in ihfs/herftheir authorized capacityoes},and that by4�ie/herAheit-signature(*on the instrument the person(&} or the entity upon behalf of which the person(oacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. YVONNE RONCAGLIOLO z �:t Notary Public-California Signature _ z i ° Contra Costa County > Commission#2299104 Signature of Notary Public My Comm.Expires Aug 24,2023 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Sara Ridge is Name: ElCorporate Officer — Title(s):_ ❑ Corpo Officer — Title(s): _ ❑ Partner — ❑ Limited ❑General ❑ Partner — ited ❑G al ❑ Individual Ci Attorney in Fact ❑ Individual ❑ y in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee uardia Conservator ❑Other: ❑ Other: Signer Is Representing: Signer epresenting: ©2014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 POWER OF ATTORNEY Bond# 0766333 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered:702 Oberlin Road,Raleigh, North Carolina 27605 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows,Illinois and Newark,New Jersey,do hereby constitute and appoint VALERIE GARCIA,ALICIA DASS,KELLY HOLTEMANN,NANCY L.HAMILTON,ROGER C.DICKINSON,THOMAS E.HUGHES,CHARLES R.SHOEMAKER, STANLEY D.LOAR,MARK M.MUNEKAWA,NERISSA S.BARTOLOME,JOAN DELUCA,SARA RIDGE,PATRICK R.DIEBEL,YVONNE RONCAGLIOLO San Francisco, CA their true and lawful attorneys)-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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior 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,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2018 4\0��irr STATE OF NEW JERSEY ;t�P4yNSU9gy', G,p STATE OF ILLINOIS `Q•rpRp0A4;-.n . County of Essex County of Cook c ��AL o V SEAL m / 1904�a 1 /ER5 pa4g. a ' b •.�CENO�,.• •4 >, Kenneth Chapman •,dy p�: 1N1 t, Executive Vice President,Harco National Insurance Company . •'`'�+ and International Fidelity Insurance 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 HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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. E A. 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. ��Q`:•F.EYp.pa•. � � Y Y Y JEa`'�;��` Shirelle A.Outley a Notary Public of New Jersey CERTIFICATION My Commission Expires April 4,2023 I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE 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 office 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, October 15,2019 A00467 — Irene Martins,Assistant Secretary