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09-021 Stevens Creek Blvd Traffic Signal, Cupertino Electric
City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION ATdD NOTICE OF ACCEPTANCE OF COMPLETION STEVENS CREEK BOULE;VARD TRAFFIC SIGNAL ' CONTROLLER FIBER CONNECTIONS PROJECT 110.2009-9558 NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that the work and improvements in hereinafter described in the contract which was entered into, by, and between the City of Cupertino and Cupertino Electric, Inc., ors February 27, 2009, in accordance with the plans and specifications for said work, have been completed to my satisfaction and acceptance of completion was ordered on May 6, 2009. That said work and improvements consisted of furnishing all labor, materials, tools, and equipment required to complete said project, all as more particularly described in the plans and specifications for said project. Director of Public Works and City Engineer of the City of Cupertino Date: May 11, 2009 L~~ ~ pit --o ~ `ice Project No. 2009-9558 DOCUMENT 00520 CONTRACT t~, THIS CONTRACT, dated this ~ ~ day of ~ ~h _, 2009 , by and between Cupertino Electric, Inc., whose place of business is located at 1132 N. 7`h Street, San Jose, CA, 95112 ("Contractor"), and the CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City") ,acting under and by virtue of the authority vested in the City by the laws of the State of California. PROJECT NUMBER 2009-9558 STEVENS CREEK BOULEVARD TRAFFIC SIGNAL CONTROLLER FIBER CONNECTIONS NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and City agree as follows: Article a. Work 1.1 Contractor shall complete all Work specified in the Contract Documents, in accordance with the Specifications, Drawings, and all other terms and conditions of the Contract Documents. Article 2. Agency and Notices to City 2.1 City has designated David Stillman, Senior Civil En;ineer , to act as City's Authorized Representative(s), who will represent City in performing City's duties and responsibilities and exercising City's rights and authorities in Contract Documents. City may change the individual(s) acting as City's Authorized Representative(s), or delegate one or more specific functions to one or more :specific City's Representatives, including without limitation engineering, architectural, inspection and general administrative functions, at any time with notice and without liability to Contractor. Each City's Representative is the beneficiary of all Contractor obligations to City, including without limitation, all releases and indemnities. 2.2 All notices or demands to City under the Contract Documents shall be to City's Authorized Representative at: 10300 Tone Avenue, Cupertino, California 95014 or to such other person(s) and address(es) as City shall provide to Contractor. Article 3. Contract Time and Liquidated Damages 3.1 Contract Time. The Contract Time will commence to run on the date indicated in the Notice to Proceed. City may give a Notice to Proceed at any time within 30 Days after -the Notice of Award. Contractor shall not do any Work at the Site prior to the date on which the Contract Time commences to run. Contractor shall achieve Final Completion of the er.~tire Work and be ready for Final Payment in accordance with Section 00700 (General Provisions) within 60 Calendar Days from the date when the Contract Time commences to run as provided in Document 00700 (General Provisions) City of Cupertino 00520 - 1 Contract Stevens Creek Boulevard Traffic Signal Controller Fiber Connections Project No. 2009-9558 3.2 Liquidated Damages. City and Contractor recognize that time is of the essence of this Contract and that City will suffer fmancial loss in the form of contract administration expenses (such as project management and consultant expenses), if all or any part of the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the Contract Documents. Consisl:ent with Document 00700 (General Provisions), Contractor and City agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of actual damages incurred by City because of a delay in completion of all or any part of the Work. Accordingly, City and Contractor agree that as liqu~.dated damages for delay Contractor shall pay City: 3.2.1 $1,500 for each Calendar Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work as specified above. Liquidated damages shall apply cumulatively anti, except as provided below, shall be presumed to be the damages suffered by City resulting from delay in completion of the Work. 3.3 Liquidated damages for delay shall only cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by City as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from City (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Article 4. Contract Sum 4.1 City shall pay Contractor the Contract Sum for completion of Work in accordance with Contract Documents as set forth in Contractor's Bid, attached hereto: See Exhibit "A" attached Article 5. Contractor's Representations In order to induce City to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the Site and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual c;onditions, as-built conditions, and all local conditions, and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of'the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has examined thoroughly and understood all reports of exploration and tests of subsurface conditions, as-built drawings, drawings, products ;specifications or reports, available for Bidding purposes, of physical conditions, including Underground Facilities, or which may appear in the Drawings. Contractor accepts the determination set forth in these Documents and Document 00700 (General Provisions) of the limited extent of the information contained in such materials upon which Contractor maybe entitled to rely. Contractor agrees that except for the information so identified, Contractor does not and shall not rely on any other information contained in such reports and drawings. 5.3 Contractor has conducted or obtained and has understood all such examinations, investigations, explorations, _ tests, reports and studies (in addition to or to supplement those referred to in Section 5.2 of this Document 00520) that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance or furnishing of Work, as Contractor considers necess;~ry for the performance or furnishing of Work at the Contract Sum, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Document 00700 (General Provisions); and no additional City of Cupertino 00520 - 2 Contract Stevens Creek Boulevard Traffic Signal Controller Fiber Co~znections Project No. 2009-9558 examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by Contractor for such purposes. 5.4 Contractor has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terns and conditions of the Contract Documents. 5.5 Contractor has given City prompt written notice o:f all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5.6 Contractor is duly organized, existing and in good standing under applicable state law, and is duly qualified to conduct business in the State of California. 5.7 Contractor has duly authorized the execution, de ivery and performance of this Contract, the other Contract Documents and the Work to be performed herein. The Contract Documents do not violate or create a default under any instrument, contract, order or decree binding on Contractor. 5.8 Contractor has listed Subcontractors pursuant to the Subcontractor Listing Law, California Public Contracting Code §4100 et seq. in document 00340 (Subcontra<tors List) Article 6. Contract Documents 6.1 Contract Documents consist of the following documents, including all changes, addenda, and modifications thereto: Document 00002 Signature Page Document 00003 Project Directory Document 00012 Caltrans/City Cross-Reference Table Document 00100 Advertisement For Bids Document 00200 Instructions to Bidders Document 00210 Indemnity and Release ~~greement Document 00400 Bid Form Document 00411 Bond Accompanying Bid Document 00430 Subcontractors List Document 00450 Statement of Qualificati~~ns Document 00481 Non-Collusion Affidavit Document 00482 Bidder Certifications Document OQ520 Contract Document 00530 Insurance Forms Document 00610 Construction Performance Bond Document 00620 Construction Labor and Material Payment Bond Document 00630 Guaranty Document 00650 Agreement and Release of Any and All Claims Document 00660 Substitution Request Form Document 00700 General Conditions Document 00800 Special Conditions Document 00820 Traffic Control Requirements Document 00821 Insurance Document 00822 Apprenticeship Progran ~ Technical Specifications Addenda(s) Drawings/Plans City of Cupertino 0(1520 - 3 Contract Stevens Creek Boulevard Traffic Signal Controller Fiber Connections Project No. 2009-9558 6.2 There are no Contract Documents other than those listed in this Document 00520, Article 6. The Contract Documents may only be amended, modified or supplemented as provided in Document 00700 (General Provisions). Article 7. 1Vliscellaneous 7.1 Terms used in this Contract are defined in Document 00700 (General Provisions) and will have the meaning indicated therein. 7.2 It is understood and agreed that in no instance are the persons signing this Contract for or on behalf of City or acting as an employee, agent, or representative of City, liable on this Contract or any of the Contract Documents, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of the City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 7.3 Contractor shall not assign any portion of the (:ontract Documents, and may subcontract portions of the Contract Documents only in compliance with they Subcontractor Listing Law, California Public Contracting Code §4100 et seq. 7.4 The Contract Sum includes all allowances (if any). 7.5 In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, Contractor or Subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it mazy have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to Contractor, without further acknowledgment by the parties. 7.6 Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are deemed included in the Contract Documents and on file at City's office, or may be obtained of the State of California web site http://www.dir.ca.gov/DLSRPWD/Northem.html and shall be made available to any interested party on request. Pursuant to Section 1 f~61 of the Labor Code, Contractor represents that it is aware of the provisions of Section 3700 of the Labor Cod.: which require every employer to be insured against liability for workers' compensation or to undertake self-in:~urance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work of the Contract Documents. 7.7 Should any part, term or provision of this Contract or any of the Contract Documents, or any document required herein or therein to be executed or delivered, be declared invalid, void or unenforceable, all remaining parts, terms and provisions shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. If the provisions of any law causing such invalidity, illegality or unenforceability may be waived, they are hereby waived to the end that this Contract and the Contract Documents may be deemed valid and binding contracts, enforceable in accordance with their terms to the greatest extent permitted by applicable law. In the event any provision not otherwise included in the Contract Documents is required to be included by any applicable law, that provision is deemed included herein by this reference(or, if such provision is required to be included in any particular portion of the Co~rtract Documents, that provision is deemed included in that portion). 7.8 This Contract and the Contract Documents shall be deemed to have been entered into in the County of Santa Clara, State of California, and governed in all respects by California law (excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in Santa Clara County. Both parties hereby waive their rights under California Code of Civil Procedure Section 394 to file a motion to transfer any action or proceeding .arising out of the Contract Documents to another venue. Contractor accepts the Claims Procedure in Document 00700, Article 12, established under the California Government Code, Title 1, Division 3.6, Part 3, Chapter 5. City of Cupertino 00520 - 4 Contract Stevens Creek Boulevard Traffic Signal Controller Fiber Co:wections Project No. 2004-9558 IN WITNESS WHEREOF the parties have executed this G~ntract in quadruplicate the day and year fnrst above written. STEVENS CREEK BOULEVARD TRAFFIC SIGNAL CONTROLLER FIBER CONNECTIONS CTTY: CITY OF CUPERTINO, a Municipal Corporation of the State of California Attest: . ~l9la City Clerk: Kimberly Smith Approved as to form by City Attorney: City Attorney: (~~ ~ i~rc~ ~ I hereby certify, under penalty of perjury, that Ralph A. Qualls, Jr., Director of Public Works of the City of Cupertino was duly authorized to execute this document. Dated: ~ ~ `-~L Cpl ~. ~ Ralph A. Qualls, 7r., Director of Public Works the C of Cupertino, a Municipal Corporation of the State o form ~ Designated Representative: Name: David Stillman, P.E. Title: Senior Civil Engineer Address: 10300 Torre Ave., Cupertino, CA 95014 Phone:408-777-3249 Facsimile: 408-777-3333 AMOUNT: $ ZZ,a46.3~" ACCOUNT NUMBER:420-9558 FILE NO.: 74,894.08 Title: President/C00 [If Corporation: Chairman ,President, or Vice President] By: SCI ~~ [Sign tiro _ ~~1fie A_ ~ rr , [PIe e t name here] Title: _ C /= ~ [If Corporation: Secretary, Assistant Secretary, Chief Financial Officer, or Assistant Treasurer] 174637 B,C10,C46 State Contractor's License No. Classification August 31, 2010 Expiration Date Taxpayer ID No. 94-14039 6 7 Name; Simi Harmon Title: Proiect Manager 1132 North Seventh Street Address: San Jose. CA 95112 Phone: 408-808-8000 Facsimile: 408-2 75-85 75 NOTARY ACIINOLEDGEMENT IS REQUIRED. IF A~ CORPORATION, CORPORATE SEAL AND CORPORATE NOTARY ACICNOWLEDEMENT AND FEDERAL TAX ID ARE REQUIRED. IF NOT A CORPORATION SOCIAL SECURITY NO. IS REQUIRED END OF DOCUMENT City of Cupertino OO:i20 - 5 Contract Stevens Creek Baulevazd Traffic Signal Controller Fnber Cormections CONTRACTOR G~pc~ino El~ctrvr, Tn~, ACKNOWLEDGMENT State of Califo nia County of ~ c~~t~, ~t~,'uv ~ On _~ -~7 ~ 1 before me, _ ~~ ~~ (insert name and title of the officer) personally appeared ,~ c-~tin- ~~7` ~w . . ;n.l.'~G~~~(i~ C~ who proved to me on the basis of satisfactory evidence to be the person( whose name( is/are subscribed to the within instrument and acknowledged to me that he~/they executed the same in his/t-er/their authorized capacity(ie~s~, and that by hislJ~rer/tt~eit signature(~on the instrument the person(,s); or the entity upon behalf of which the I~erson(~ acted, 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. CECILIA V. NOCON WITNESS my hand and official seal. ~ ~~ ~ ~~~~~ seo~a +ne+rwM ~ ~s24,1012 _~ nennr~ Signature ~-~~,~L ~ ~ `~ti`Z1~1~., (Seal) ACKNOWLEDGMENT State of Californ a County of ,~,°-~~~ ~' Z~~`~~~% ~ ~ -~ ,~ ~ ,~ 7 ~~~~ before me, i/.. ~~-t~ ~ - ~ ,~ ~ ~~n~ , ~ ~'~` ul ,.;,t'~-C'u On (insert name and title of the officer) personally appeared ~ ~~ ~~ ~~ ~ ~'''~-' ~ ~{-' who proved to me on the basis o satisfactory evi~~ence to be the person4s-) whose names} is/ar-e subscribed to the within instrument and acknowledged to me that ~e/she/tttey executed the same in his/herlthef authorized capacity(~ie§), and that by bis/her/theirsignature(sfi on the instrument the person(s), or the entity upon behalf of which the F-erson(.s~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the' laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ~~~, ~,i 'h,~;~ti~~, (Seal) -...:~. CILIAV. N~SCON ,.. COMMA. #1819351 Notary Public ~ Califomia Canwr F.~pires ~ 24, 2011 Project No. 2009-9558 DOCUMENT 00400 jT BID ]FORM To be submitted as part of Envelope "A" by the time and date specified in Document 00200 (Instructions to Bidders). TO THE HONORABLE CITY COUNCIL OF THE CI7CY OF CUPERTINO THIS BID IS SUBMITTED BY: Cupertino Electric, Ircc. (Firm/Company Name) Re: PROJECT NUMBER 2009-9558 STEVENS CREEK BOULEVARD TRAFFIC SIGNAL CONTROLLER FIBER CONNECTIONS 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into a contract with the City of Cupertino ("City") in the form included in the Contract Documents, Document 00520 (Contract), to perform and furnish all Work as specified or indicated in tie Contract Documents for the Contract Sum and within the Contract Time indicated in this Bid and in accordance with all other terms and conditions of the Contract Documents. All portions of this Bid Form must be completed and signed before the bid is submitted. Failure to do so will result in the bid being rejected as non-responsive. 2. Bidder accepts all of the terms and conditions of tl,e Contract Documents, Document 00100 (Advertisement for Bids), and Document 00200 (Instructions to Bidders), including, without limitation, those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 90 Days after the day of Bid opening. 3. Bidder has visited the Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices, regarding the Project and the Sits, as set forth in Document 00520 (Contract), Article 5. 4. Bidder has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and as-built drawings and actual conditions and the written resolution thereof through Addenda issued by City is acceptable to Contractor. 5. Subcontractors for work included in all Bid items, in accordance with the criteria in the Public Contract Code, are listed on the attached Document 00430 (Subcontractors List). 6. The undersigned Bidder understands that City reserves the right to reject this Bid. 7. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in paragraph 2 of this Document 00400 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00200 (Instructions to Bidders) within the times specified therein. These documents include, but are not limited to, Document 00520 (Contract), Document 00610 (Construction Performance Bond), and Document 00620 (Construction Labor and Material Payment F3ond). 8. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below on the signature page. 10. The undersigned Bidder herewith encloses cash, << cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in City of Cupertino Bid Form Stevens Creek Boulevard Traffic Signal Controller Fiber Connections 00400 - 1 Project No. 2009-9558 SCI3EDULE OF BID PRICES E7~{{[BIT A All Bid items, including lump sums and unit prices, must be filled incompletely. Allowances and Alternative Bid items are described in Document 00800 (Special Conditions). Quote in figures only, unless words are specifically requested. Specialty Items are'identified on the Bid Form in the description. ' ITEM SPEC •. , '• REF >. -. DESCRIPTION _ .. UNiT EST 4'T1L UNIT_ ,:' PRICE TOTAL ; - , 1 PULL EXISTING FIBER OPTIC CABLE 02200 THROUGH E=XISTING CONDUIT TO EA 13 $522.92 $6, 797.96 CONTROLLER CABINETS 2 INSTALL AND CONNECT CITY- 02210 FURNISHED OTR'S IN CONTROLLER EA 13 $129.18 $1, 6 79.34 CABINE?S 3 02210 INSTALL AND CONNECT CITY- ' LS 1 $375 96 $375 96 S AT THE TOC FURNISHED OTR . . 4 FURNISH, INSTALL AND CONNECT FIBER 02210 TERMINATION PANELS IN CONTROLLER ~ 13 $958.08 $12, 455.0 CABINETS. TERMINATE BRANCH FIBEI~ IN FIBER TERMINATION PANELS. 5 02220 PERFORM FIBER OPTIC CABLE AND LS 1 $1 638.05 $1 638 05 SYSTEM PERFORMANCE TESTING , , . TOTAL $22,946.35 Total Bid Price• Twenty Two Thousand nine Hundred forty six dollars and thirty-five cents (Words) Unit Legend LS =Lump Sum EA =Each LF =Linear Feet TON =Ton or 2,000 Pounds CY =Cubic Yards LB =Pounds AL =Allowance SF =Square Feet City of Cupertino Bid Form Stevens Creek Boulevard Traffic Signal Controller Fiber Co:anections 00400 - 3 Project No. 2009-9558 EXI~IBIT A ACKNOWLEDGEMENT OF RECEIPT' OF ADDENDUMS Bidder herby acknowledges receipt and examination of all Contract Documents and the following Addenda: Addendum No. Addendum Date 1 1/21/09 2 1/26/09 3 1/28/09 Bidder proposes and agrees to fully perform the Work withvi the time stated and in strict accordance with the Contract Documents for the sums of money listed in this Bid Form NAME OF BIDDER: Cupertino Electric licensed in accordance with an act for the registration of Contractors, and with license number: 174637 Expiration Date: 8 / 31 / 2010 Re-Incorporated in Delaware _ Where incorporated, if applicable I certify (or declare) under penalty of perjury under the laws of and correct. John Boucher James Rylev _ __ Jan Kang Principals of Bidder that the foregoing. is true NOTE: If Bidder is a corporation, set forth the legal name of the corpor on, st to where incorporated, together with the signature of the officer or officers authorized to sign contracts on behalf o rporation. If Bidder is a partnership, set forth the name of the firm together with the signature of the: partner or partners authorized to sign contracts on behalf of the partnership. Business Address: 1132 N. 7th Street San Jose. Ca. 95112 Officers authorized to sign contracts: John Boucher James Ryley Jan Kant Typed Full Name: Telephone Number(s): 4~R-ROR-RO(1~ Fax Number(s): 408.-275-8129 E-Mail Address: simi harmon@cei. com END OF D~~CUMENT City of Cupertino Bid Form Stevens Creek Boulevard Traffic Signal Controller Fiber Connections 00400 - 4 Project No. 2009-9558 DOCUMEN'T' 00530 INSURANCE FORMS INSURANCE FORMS INSTRUCTIONS FOR ITEMS 3, 4 AND 5, THE FORMS PROVIDED BY THE CITY OF CUPERTINO MUST BE USED. FORMS OTHER THAN THE~~E WILL NOT BE ACCEPTED. ALL DOCUMENTS MUST BE ORIGINALS - SiJBMIT IN TRIPLICATE 1. Insurance Agreement - Must be signed by Contractor. 2. Certificate of Insurance to the City of Cupertino -must be completed by the insurance agent or must provide a certificate on the company's form. They must contain the same information. 3. Endorsement of Additional Insured and Primary Insurance and Notice of Cancellation -must be signed by the insurance agent for general liability and. automobile liability only. 4. Comprehensive general liability/commercial general liability endorsement of aggregate limits of insurance per project - must be signed by the insurance agent for general liability only. 5. Waiver of subrogation endorsement worker's compensation insurance -must be signed by the insurance agent for worker's compensation only. City of Cupertino Stevens Creek Boulevard Traffic Signal Controller Fiber Connections Insurance Forms 00530 - 1 CITY OF Project No. 2009-9558 CUPERTINO INSURANCE AC:REEMENT A. Contractor is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or undertake self- insurance in accordance with the provisions of that Code, and will comply with such provisions before commencing the performance of the work of this Contract. B. Contractor and all subcontractors will carry worker's compensation insurance for the protection of its employees during the progress of the work. The insurer shall waive its rights of subrogation against the City, the City's officers, agents and employees and shall issue an endorsement to the policy evidencing same. C. Contractor shall carry at all times, on all operations hereunder, commercial general liability insurance, automobile liability insurance and builder's all risk insurance. All insurance coverage shall be in amounts required by the City and shall bc; evidenced by the issuance of a certificate in a form prescribed by the City and shall be underwrit7:en by insurance companies satisfactory to the City for all operations, sub-contract work, contractu<<1 obligations, product or completed operations, all owned vehicles and non-owned vehicles. Said insurance coverage obtained by the Contractor, excepting worker's compensation coverage, shall name the City, its engineer, and each of its directors, officers, agents and employees, as determined by the City, as additional insureds on said policies. Insurers must be licensed to do business in the State of California. The Insurers must also have an "A" policyholder's rating and a financial rating of at least Class VII in accordance with the current Best's Guide Rating or that is otherwise acceptable to the City. D. Before Contractor performs any work at, oi• prepares or delivers materials to, the site of construction, Contractor shall furnish certificates of insurance evidencing the foregoing insurance coverages and such certificates shall provide the name and policy number of each carrier and policy and that the insurance is in force and will not be canceled or modified without thirty (30) days written notice to the City. Contractor shall maintain all of the foregoing insurance coverages in force until the work under this Contract is fully completed. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of the City by Contractor under this Contract and for the duration of the warranty period. Notwithstanding nor diminishing the obligations of Contractor with respect to the foregoing, Contractor shall maintain in full force and effect during the life of this Contract, the following insurance in amounts not less than the amounts specified and having a Best's Guide Rating of A, Class VII or better or that is otherwise acceptable to the City. City of Cupertino Stevens Creek Boulevard Traffic Signal Controller Fiber Connections Insurance Forms 00530 - 2 LIMIT'S Project No. 2009-9558 Worker's Compensation In accordance with the Worker's Compensation & Employers' Liability Act of the State of California -Worker's comp "statutory" per CA Law; Employers' Liability $1,000,000 per occurrence. General Liability -commercial general liability; Combined single limit of $2.0 million per including provisions for contractual liability, occurrence; $4.0 million in the aggregate personal injury, independent contractors and products -completed operations hazard. Automobile Liability -comprehensive covering owned, non-owned and hired automobiles. artino ElPCtric, Inc. By: (Contractor's Name) Dat Combined single limit of $1.0 million per occurrence. City of Cupertino ' Stevens Creek Boulevard Traffic Signal Controller Fiber Connections Insurance Forms 00530 - 3 ACORD~, CERTIFICATE OF LIABILITY INSURANCE 12/31/2009 I DA 2/19/2009 ) PRODUCER Lockton Insurance Brokers, LLC THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION CA License#OF15767 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Two Embarcadero, Suite 1700 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR San Francisco 94111 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (415) 568-4000 INSURERS AFFORDING COVERAGE NAIC # INSURED Cupertino Electric, InC. IlvsuRERA: Zurich American Insurance Company 16535 1312268 1132 North Seventh Street San Jose CA 95112 IIVSURER B IIVSURER C IIVSURER D IIVSURER E Cf1VFROC~FR Ci IPF.T,OI 174 THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 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 HEREI~I IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DA-rE (MM/DD/Ylr) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ $2 000 000 A X COMMERCIAL GENERAL LIABILITY GL03436888 12/31/2008 12/31/2009 DAMAGE TO RENTED PREMISE Ea occurence $ $2 Ot)0 000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ $1 ~ 000 X COntraCtU81 Liab. PERSONAL & ADV INJURY $ $2 000 000 X X, C, U GENERAL AGGREGATE $ $4 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ $4 000 000 POLICY X JECOT X LOC ~ A AUTOMOBILE LIABILITY BAP3436889 1 2/31/2008 12/31/2009 COMBINED SINGLE LIMIT $ 2 000 000 X ANY AUTO (Ea accident) ' ' ALL OWNED AUTOS BODILY INJURY $ XXXXXXX SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ XXXXXXX X NON-OWNED AUTOS (Per accident) X Comp. Ded. $5,000 PROPERTY DAMAGE P $ XXXXXXX X Coll. Ded. $5,000 ( er accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ XXXXXXX ANY AUTO NOT APPLICABLE OTHER THAN EA ACC $ XXXXXXX AUTO ONLY: qGG $ XXXXXXX EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ XXXXXXX OCCUR ~ CLAIMS MADE AGGREGATE $ XXXXXXX NOT APPLICABLE XXXXXXX UMBRELLA $ ^ DEDUCTIBLE FORM $ XXXXXXX RETENTION $ $ XXXXXXX A WORKERS COMPENSATION AND WC3436890 1 /31/2008 12/31/2009 X 7NRY L MITS OER EMPLOYERS' LIABILITY 1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT , , $ OFFICER/MEMBER EXCLUDED'I If d ib d E.L. DISEASE - EA EMPLOYEE $ 1,000,000 yes, escr e un er SPECIAL PROVISIONS below NO E.L. DISEASE -POLICY LIMIT $ 1,00,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: CEI Job #9-0390, City of Cupertino Project No. 2009-9558, Stevens Creek Boulevard Traffic Sigria] Fiber Connections at 10200 Torre Avenue, Cupertino, CA. The City of Cupertino ("City") and its directors, officers engineers agents and employees and all public agencies are incldued as additional insured on a rimary and non-contnbu[ory basis , , , p under general Itability where required by contract. Where required by contract and permitted by law, waiver of subrogation applies for workers compensation. l.tKlltll.Alt I'7VLUtK 1. P11V lrtLLA 11VIV L"'~~'~'~t L'~'~~""'mil L'•'~~""'mil 10450175 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Clty of Cupertino Dit.TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 10300 Torre Avenue NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Cupertino CA 95014 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRES NTATIVE ~~ ~~ ACORD 25 (2001 /081 For questions regarding this certificate, contact the number listed in the'Protlucer' section above and specify the client coda'CUPELOt '. ©A D CORPORATION 1988 ~:~~.~~~ Other Insurance Amendment - Primary And Non-Contributory Policy No. Esp. Date of Pol. Eff. Date of End. Agency No. Addl. Prem. Retum Prem. GL03436888 THIS ENDORSEMENT CHANGES THE Pi~LICY. PLEASE READ IT CAREFULLY. Named Insured: Per Policy Dec Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SECTION IV. COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, is amended per the following: 1. The following paragraph is added under ;~. Primary Insurance: This insurance is primary insurance as reaspects our coverage to an additional insured person or organization, where the written contract or written agreement requires that this insurance be primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. 2. The following paragraph is added under t.. Excess Insurance: This insurance is excess over: Any of the other insurance, whether primz~ry, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence", claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. Any provisions in this Coverage Part not changed t-y the terms and conditions of this endorsement continue to apply as written. U-GL-1327-A CW(3/2007) Page I of 1 Miscellaneous Attachment : M451876 ¢~~~r l~pate I]] : 1~45~175 NO.-TERRITORY (EDITION) POLICY NUMBER: GL03436888 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANI~~ATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE= PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Locations Of Covered O erations Any person or organization with whom you have Any location where you have agreed, through Agreed, through written contract, agreement or Written contract, agreement or permit, executed Permit, executed prior to the loss, to provide Prior to the loss, to provide additional insured Additional insured coverage. Coverage. Information re uired to com lete this Schedule if not .shown above will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only ~Nith respect to liability for "bodily injury", "property damage" or "personal and advertising injury" causESd, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your I~ehalf; in the performance of your ongoing operations far the additional insureds) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipmE:nt furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part ~~f the same project. ~sgdlq~g~sp'~tachment : M451884 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 Certificate ID :10450175 POLICY NUMBER: GL03436888 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMI~LETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE= PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Descri tion Of Com leted O erations Any person or organization with whom you have Any location where you have agreed, through Agreed, through written contract, agreement or Written contract, agreement or permit, executed Permit, executed prior to the loss, to provide Additional insured coverage for completed prior to the loss, to provide additional insured Operations. Coverage for Completed Operations. Information re uired to com lete this Schedule if not ;shown above will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-com- pleted operations hazard". ~sq~l~egps0~~tachment : M451885 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 Certificate ID :10450175 cirr aF Project No. 2009-9558 CUPERTrlYO CERTIFICATE OF INSURANCE TO THE CITY OF CUPERTINO This certifies to the City of Cupertino that the following described policies have been issued to the insured named below and are in force at this time. Insured: Cupertino Electric, Inc. Address: 1132 North Seventh Street San Jose, CA 95112 Description of operations/locations/products insured (show contract name and/or number, if any): Project #2009-9558-Stevens Creek Blvd. traffic si~,nal fiber connections (CEI #9-03901 WORKER'S COMPENSATION * Statutory Min. * Employer's Zurich American Insurance Co. Liability (name of insurer) $1,000,000 _ $_1,000,000 $_1,000,000 Insurance Company's State License No. 4581-5 Check Policy Type: Each O~~currence $2 000,000 COMPREHENSIVE GENERAL LIABILITY [x] Premises/Operations [ ]Owners & Contractors Protective [x] Contractual for Specific Contract $Blanket General Aggregate (if applicable) Aggreg;~te Personal Injury $4,000,000 $4,000,000 $2,000,000 [x] Products Liability [x] XCU Hazards [x] Broad Form P.D. Fire Damage (any one fire) $2,000,000 [x] Severability of Interest Clause [x] Personal Injury with Medical Expense $10,000 Employee Exclusion Removed (any one person) or Self-Insured COMMERCIAL GENERAL LIABILITY Retention $ Zurich American Insurance Co. (name of Policy No. GL03436888 City of Cupertino ORIGINAL Stevens Creek Boulevard Traffic Signal Controller Fiber DOCUMENT in Project No. 2009-9558 AUTOMOTIVENEHICLE LIABILITY BODILY INJURY PROPERTY DAMAGE Commercial Form Each Person Each Accident Liability Coverage $_ $ Each Accident Zurich American Insurance Co. (name of insurer) $ or Combined Single Limit $2,000,000 Policy No. BAP3436889 Expiration Date 12/31/2009 BUILDER'S RISK "ALL RISK" This is to certify that the following policy has been is~.ued by the below-stated company in conformance with the requirements of the project do~~uments and is in force at this time. Policy No. Limits of Liability: (agent's initial) Certificate of Insurance. This Certificate of Insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or any other document wit}i respect to which this Certificate of Insurance 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. IT IS HEREBY CERTIFIED that the above policy(ies) provide liability insurance as required by the Agreement between the City and the insured. By: Dated: 20 Attach Certificate of Insurance and Additional Insured Endorsement on company forms. (Name of insurer) Expiration Date I>eductible: A copy of all Endorseme~its to the policy(ies) which in any way limit the above-listed types of coverage are attached to this City of Cupertino Stevens Creek Boulevard Traffic Signa( Controller Fiber Connections Insurance Forms 00530 - 5 cin of Project No. 2009-9558 ADDITIONAL INSURED ENDORSEMENT and cupear~ho ENDORSEMENT OF PRIMARY INSURANCE and NOTICE OF POLICY CANCELLATION ENDORSEMENT Project Title and Number: Project #2009-9558-Stevens Creek Blvd. traffic signal fiber connection (CEI #9-0390) In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is agreed as follows: The City of Cupertino ("City") and its directors, officers, engineers, agents and employees, and all public agencies from whom permits will be obtained and their directors, officers, engineers, agents and employees, and the State of California, and its officers, agents and employees, are hereby declared to be additional insureds under the terms of this policy, but only with respect to the operations of the Contractor at or upon any of the premises of the City in connection with the Contract with the City, or acts or omissions of the additional insureds in connection with, but limited to its general supervision or inspection of said operations. The insurance afforded by this policy is prim<<ry insurance, and no additional insurance held or owned by the designated additional insureds) shall be called upon to cover a loss under said additional policy. Cancellation Notice. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits, or materi<<lly altered, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Cupertino ("City"). Such notice shall be addressed to the City as indicated below. POLICY INFORMATION Insurance Company: Zurich American Insurance ~Co. 2. Insurance Policy Number: GL03436888 3. Effective Date of this Endorsement: December 3 l , 2008 4. Insured: Cupertino Electric, Inc. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and these Endorsements, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. T (print/type name) City of Cupertino Stevens Creek Boulevard Traffic Signal Controller Fiber Connections Insurance Forms 00530 - 6 e-nr.oF Project No. 2009-9558 ~~~~~~ COMPREHENSIVE GENERAL LIABILITY COMMERCIAL GENEIL~I. LIABILITY CUPERTIFiO ENDORSEMENT OF AGGR>F;GATE LIMITS OF INSURANCE PER PROJECT Project Title and Number: Project #2009-9558-Stevens Creek Blvd. traffic signal fiber connection (CEI #9-0390) In consideration of the policy premium and notwitl-~standing any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: This Endorsement modifies the insurance provided under the General Liability Coverage part of the below-referenced policy of insurance. The general aggregate limit under LIMITS OF ]'NSURANCE applies separately to the project described as Stevens Creek Blvd. traffic signal fiber connection POLICY INFORMATION 1. Insurance Company: Zurich American Insurance (~o. 2. Insurance Policy Number: GL03436888 3. Effective Date of this Endorsement: December 31, 2008 4. Insured: Cupertino Electric. Inc. 5. Additional Insured: City of Cupertino, its director;, officers, agents and employees. All notices herein provided to be given by the Insurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Tony Page (print/type name) warrant that I have authority to bind the below listed In:>urance Company and by my signature hereon do so bind this Company. Signature of Authorized Representative: ~~~ (Original signature required on all Endorsem n furnished to the District) Names of Agent/Agency: Lockton Insurance Brokers, LLC _ Title: Sr. Vice President Address: Two Embarcadero Center, Suite 1700 _ Telephone: (415) 568-4000 San Francisco, CA 94111 _ Facsimile: 0415) 992-4000 City of Cupertino Stevens Creek Boulevard Traffic Signal Controller Fiber Connections Insurance Forms 00530 - 8 ~';~ a~ Project No. 2009-9558 ~! WAIVER OF SUBROGATION ENDORSEMENT cup~aT~NC WORKERS' COMPENSATION INSURANCE Project Title and Number: Project #2009-9558--Stevens Creek Blvd. traffic signal fiber connection (CEI #9-0390) In consideration of the policy premium and notwithstanding any inconsistent statement in the policy to which this Endorsement is attached or any other Endorsement attached thereto, it is as follows: It is agreed that with respect to such insurance a:~ is afforded by the policy, the Insurance Company waives any right of subrogation against the City of Cupertino, and each of its directors, officers, agents, consultants and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the above-referenced Contract. POLICY INFORMATION 1. Insurance Company: Zurich American Insuranc;e Co. 2. Insurance Policy Number: WC3436890 3. Effective Date of this Endorsement: December 31, 2008 4. Insured: Cupertino Electric, Inc. All notices herein provided to be given by the I~isurance Company to the City in connection with this policy and this Endorsement, shall be mailed to or delivered to the City at 10300 Torre Avenue; Cupertino, California 95014. I, Ton~Pa~e (print/type name) warrant that I have authority to bind the below listed Insurance Company and by my signature hereon do so bind this Company. r- / Signature of Authorized Representative: (Original signature required on all Endor m rat rnished to the District) Names of Agent/Agency: Lockton Insurance Brokers, LLC Address: Two Embarcadero Center. Suite 1700 San Francisco CA 94111 City of Cupertino Stevens Creek Boulevard Traffic Signal Controller Fiber Connections Title: Sr. Vice President Telephone: (415) 568-4000 Facsimile:~415) 992-4000 Insurance Forms 00530 - 9 Project No.2009-9558 DOCUME~[~iT 00630 GUAR~I~TTY TO THE CITY OF CUPERTINO, a Municipal Corporation of the State of California ("City"), for construction of STEVENS CREEK BOULEVARD TRAFFIC SIGNAL CONTROLLER FIBER CONNECTIONS CUPERTINO, CALIFORNIA The undersigned guarantees all construction performed on ttris Project and also guarantees all material and equipment incorporated therein. Contractor hereby grants to City for a period of one year following the date of Final Acceptance, or such longer period specified in the Contract Documents, its unconditional warrazity of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment pro~zded by Contractor and its Subcontractors of all tiers in connection with the Work. Neither final payment nor use or occupancy of the Work pe~~formed by the Contractor shall constitute an acceptance of Work not done in accordance with this Guaranty or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty materials or workmanship. Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom, which shall appear within one year, or longer if specified, from the date of Final Acceptance. If within one year after the date of Final Acceptance, or su~~h longer period of time as may be prescribed by laws or regulations, or by the' terms of Contract Documents, any Work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written nsstructions, correct such defective Work. Contractor shall remove any defective Work rejected by City and replace it vzth Work that is not defective, and satisfactorily correct or remove and replace any damage to other Work or the work oi.' others resulting therefrom. If Contractor fails to promptly comply with the terms of such instructions, or in an emergen~;y where delay would cause serious risk of loss or damage, City may have the defective Work corrected or the rejected Work removed and replaced. Contractor shall pay for all claims, costs, losses and damages caused by or resulting from such removal and replacement. Where Contractor fails to correct defective Work, or defects are discovered outside the' correction period, City shall have all rights and remedies granted by law. Inspection of the Work shall not relieve Contractor of any of its obligations under the Contract Documents. Even though equipment, materials, or Work required to be provided under the Contract Documents have been inspected, accepted, and estimated for payment, Contractor shall, at its own expense, replace or repair any such equipment, material, or Work found to be defective or otherwise not to comply with the requirements of the Contract Documents up to the end of the guaranty period. All abbreviations and definitions of terms used in this Agrf;ement shall have the meanings set forth in the Contract Documents, including, without means of limitation, Section 00700 (General Conditions). The foregoing Guaranty is in addition to any other warranties of Contractor contained in the Contract Documents, and not in lieu of, any and all other liability imposed on Contractor under the Contract Documents and at law with respect to Contractor's duties, obligations, and performance under the; Contract Documents. In the event of any conflict or inconsistency between the terms of this Guaranty and any w~rrranty or obligation of the Contractor under the Contract Documents or at law, such inconsistency or conflict shall be resolved in favor of the higher level of obligation of the Contractor. Cupertino Electric, Inc. _ Contractor's Name ~ -- 1132 North Seventh StrPPt Sim Harmon Address ~ e- San Jose, CA 95112 City/State/Zip Date END OF DOCUMENT City of Cupertino 0063 0 - 1 Guaranty Stevens Creek Boulevazd Traffic Signal Controller Fiber Connections