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18-027 Elcor Electric, Electrical Repairs at the Cupertino Library and Fountain Lighting
CITY OF m PUBLIC WORKS CONTRACT $45,000 OR LESS CUPERTINO 1. PARTIES This public works contract ("Contract") is made and entered into on February 20, 2018 ("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and Elcor Electric Inc. , a Corporation ("Contractor") for electrical repairs at the Cupertino Library and fountain lighting. 2. SCOPE OF WORK Contractor will perform and provide all labor, materials, equipment, supplies, transportation and any other items or work necessary to perform and complete the work required for the Project ("Work"), as required in the Scope of Work, attached here and incorporated as Exhibit A, and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on May 1, 2018 ("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 $43,111.00 ("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials , supplies, equipment, taxes, insurance, bonds and all overhead costs. 4.2 Invoices and Payments. Contractor must subm it 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 Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 1 of 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amounts billed within 30 days after City receives a properly submitted invoice. Any retained amounts will be included with Contractor's final payment within 60 days of City's acceptance of the Work as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is solely responsible for the means and methods of performing the Work and for the persons under this employment. Contractor is not entitled to worker's compensation or any other City benefits. 5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Work as required by law, and have procured a City Business License. Contractor shall possess a California Contractor's License in good standing for the following classification(s):C-10 , which must remain valid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to work under this Contract. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Contract will apply to any approved subcontractor. 5.5 Tools, Materials and Equipment. Contractor will supply all tools, materials and equipment required to perform the Work under this Contract. 5.6 Payment of Taxes. Contractor must pay income taxes on the money earned under this Contract. Upon City's request, Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor's request for a change order must specify the proposed changes in the Work, Contract Price, and Contract Time. Each request must include all the supporting documentation, including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date. 7. ASSIGNMENTS; SUCCESSORS Contractor shall not assign, hypothecate, or transfer this Contract or any interest therein, directly or indirectly, by operation oflaw 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 Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 2 of 11 r 8. PUBLICITY/ SIGNS Any publicity generated by Contractor for the Project during the Contract Tim e , and for one year thereafter must credit City contributions to the Project. The words "City of Cupertino " must be di s played in all pieces of publicity , flyers , pre ss releases , posters, brochures , interviews, public service announcements and newspaper a1ticles. No signs may be posted or displayed on or a bout City property , except signage required by law or thi s 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 qualifi e d 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 constitute s grounds for rejection under Public Contract Code Se ction 4107. If City rejects a subcontractor, Contra ctor at its own exp e ns e mu st p e rform th e subcontractor's Work or hire a ne w subcon tractor that is accepta ble to City. A Notice of Completion mu st be record ed within 15 day s after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must maintain daily rep01ts 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 a ccurate 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 Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 3 of 11 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for lo sses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall ind emnify, defend , and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers and consultants ("Indemnitees"), through legal counsel acceptable to City, from and against any and all liability, damages , claims, stop notices , act ion s, 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 mu st 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 claim, in accordance with California Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a claim, dispute or lawsuit arising out of this Contract. 11.3 Contractor's duties under this entire Section are not limited to Contract Price , Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other lndemnitee. 11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a c laim 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 ce1tificates 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 Cupertino Library and Founta in Lighting E lectrical Repairs Public Works Contract $45,000 /Rev . Nov 3, 2017 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 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. (b) Contractor must compensate workers who are paid Jess 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 unde1take 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 Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000 /Rev . Nov 3, 2017 Page 5 of! I I I 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 , includin g Government Code section I 090 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 I 00% 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 ratin g 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 th e worksite made available to Contractor; and Public Works Project Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000/Rev . Nov 3, 2017 Page 6 of 11 (c) Unknown physical conditions at the Project worksite of any unusual nature, materially different from those ordinarily encountered and from those generally recognized as inherent in the character of the Work. 15.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in depth, Contractor must submit a detailed plan for City approval, per Labor Code Section 6705 prior to commencing work. The plan must show the design of shoring, bracing, sloping and other provisions for worker protection from caving ground and other hazards. The protective system must comply with all Construction Safety Orders. If the plan varies from shoring system standards, it must be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.1 All Work must fully comply with federal, state and local laws and regulations concerning storm water management. Contractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, Contractor will use only the amount of water necessary to dampen the dust. Contractor will take all steps necessary to keep wash water out of the streets, gutters and storm drains. Prior to the start of the Work , Contractor will implement erosion and sediment controls to prevent pollution of storm drains, and must upgrade and maintain these controls based on weather conditions or as otherwise required by City. These controls must be in place during the entire Contract Time and must be removed at the end of construction and completion of the Work . Such controls must include , but will not be limited to , the following requirements: (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 Stormwater Quality Association and California Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, and any other applicable documents on stormwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of noncompliance notices , citations, Work stop orders and regulatory fines. Public Works Project Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000/Rev. Nov 3, 2017 Page 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns Ken Tanase as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject to City approval , Contractor assigns Troy Martinez -------------------as its single representative for all purposes under this Contract, with the responsibility to ensure progress with the Work. Contractor 's Project Manager is responsible for coordinating and scheduling the Work and must regularly update the City Project Manager about the status and any delays with the Work , consistent with the Scope of Work. Any substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Wor k . With City 's pre-approval in writing , the tim e spent in closing out the Work will be compe nsated up to I 0% of the total time expended in performing the Work. 18.2 C ity may terminate th e Contract for cause or without cause at any time . Contractor will be paid for satisfactory Work rendere d t hrough th e termination date and will be give n reasona bl e tim e to close out the Work. 18.3 Final p ayment will not be made until Contractor delive rs the Work and provide s records documenting th e Work, products and de liverables 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 20 I 04 , 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, th e prevailing party will be entitled to reasonable attorney fees and costs. Public Works Project Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000 !Rev. Nov 3, 2017 Page 8 of 11 r 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, lien s or e ncumbrances. Contractor warrants the Work and materials for one year from the date of City 's acceptance o f the Work as complete ("Warranty Period "), except when a longer guarantee is provided by a s upplier, manufacturer or is required by this Contract. During the Warranty Period , Contractor will repair or replace any Work defects or materials, including damage that arises from Contractor's Warranty Work , except any wear and tear or damage resulting from improper use or maintenance . 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. SEVERABILITY /PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal portion of said provision and all other contract provisions will remain in full force and effect. 28. SURVIVAL The contract provisions which by their nature should survive the Contract or Completion of Project, including without limitation all warranties, indemnities, payment obligations, insurance and bonds, shall remain in full force and effect after the Work is completed or Contract ends. Public Works Project Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000 !Rev. Nov 3, 2017 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. Eith e r party may request an amendment to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions, titles, and headings in this Contract are for convenience only and may not be used in the construction or interpretation of the Contract or for any other purpose. 31. COUNTERPARTS This Contract 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: 10300 Torre A venue, Cupertino CA 95014 Attention: Ken Tanase To Contractor: Elcor Electric Inc . Attention: Troy Marti ne z -------------------------- Copy to: Carl Valdez Copy to: ___________ _ Email: kent@cupertino.org Email: tmartinez@elcorelectric.com 30. VALIDITY OF CONTRACT This Contract is valid and enforceable only if (a) it complies with the purchasing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is signed by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing below warrant they have the authority to enter into this Contract and to legally bind their respective Parties. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code Section 313. Public Works Project Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000 !Rev. Nov 3, 2017 PagelOofll IN WITNESS WI-IEREOF , th e parties have caused this Contract to be executed as of the Execution Date first above written. CONTRACTOR Elcor Electric Inc. Title: Project Manager Signature Date: By: RA Cupertino City Attorney ATTEST: CITY OF CUPERTINO, a Municipal Corporation ByT~~~--- Title: Director of Public Works Signature Date: __________ _ By: ~("Jt GRACE SCHMIDT, City Clerk j .-r-( f Public Works Project Cupertino Library and Fountain Lighting Electrical Repairs Public Works Contract $45,000 /Rev. Nov 3, 2017 Page 11 of 11 EXH I BIT 11 A11 L COR .. ELECTr--{I C January 29, 2018 Mr. Ken Tanase City of Cupertino 2 1251 Stevens Creek Boulevard Cup ertino, CA 95014 RE: Install 1200A Breaker 2 125 I Stevens Creek B Ivel., Cup ert ino , CA Electrical Proposal Dear Mr. Tanase, We are pleased to submit our proposal to perform electrical work for the above referenced project. This proposal was developed from direction provided by the City of Cupertino and a review of the site conducted by Elcor Electric. Our proposal , with qualifications , is as follows : Scope of Work • Remove existing 1200A breaker. • [nstall owner-furnished 1200A breaker. • Coordinate with Ampteks for testing new breaker. • Coordinate with Ampteks to refurbish existing breaker; actual costs to be determined upon diagnosis . • This proposal assumes all work shall be performed on a Saturday at double time rates. We are excluding design and drawings , permit , any other special systems , fire alarm system, liquidated damages, temporary power/lighting, any paint and/or patch . Our total bid pric e for this project is$ 13,111.00 Bid Breakdown: Labor: Ampteks-Breaker Testing: Ampteks-Refurbish (Allowance): Total: $ 7,836 .0 0 $ 275.00 $ 5,000.00 $13,111.00 The above price is good for twenty (20) days. If yo u have any questions regarding this proposal , pleas e contact the undersigned at your convenience . Sincere ly , rrroy :Jvtartin ez Troy Martinez ELCOR ELECTRIC Proposul/C ily of C upertino-Install 1200 A Brea ker 1.29.18 3310 Bassett Street. Sonta Clara, CA 95054 t 408.986.1320 I 408 986 1 324 Lie 500228 r EXHIBIT 11 A11 January 30, 20 I 8 Mr. Ken Tanas e City of Cupertino 21251 Stevens Creek Boulevard Cupertino, CA 95014 RE: Civic Center -Fountain Light ing eL COR .. ELECTR I C 2 125 1 Steve ns Creek Blvd., Cupertino , CA Electrica l Budget Dear Mr. Tanase We are pleas ed to submit our budget to perform electrical work for the above refe renced project. This bud get was developed from direction provided by the City of Cupertino and a review of the site conducted by Elcor Electric. Our budget , with qualifications , is as follows: Scope of Work o Troubleshoot fountain uplights . • Install (96) owner-furnished light fixtures in the water fountain. • Dispose of existing fixtures. o This budget assumes (2) mobilizations . e This job will be done on a T&M basis, not to exceed $30,000. e This budget assumes all work shall be performed during normal business hours (Monday -Friday 7:00 A.M. -3:30 P.M.). • We are excluding design and drawings, permit, ove1time, any other special systems, fire alarm system, liquidated damages, temporary power/lighting, any paint and/or patch . Our total budget for this project is not to exceed $ 30,000 .00 The above price is good for twenty (20) days. If you have any questions regarding this budget, please contact the undersigned at your convenience. Sincerely, rrroy :}darti11ez Troy Mat1inez ELCOR ELECT RIC Proposal/City or Cupertino-Water Feat ure Lighting 1.29. 18 3310 Bassett Street, Santa Clara. CA 95054 t 408.986.1320 f 4 08.986 1324 Lie 500228 r EXHIBIT 11 A11 e C ELECTRIC City of Cupertino ELCOR RATE SHEET-VALID UNTIL MAY 31 , 2018 Journeyman Foreman General Foreman Straight $137 .00 $ 151.00 $164.00 Time and Y, $ 183 .00 $ 203.00 $ 224.00 Double Tim e $ 228.00 $ 255.00 $ 283 .00 PUBLIC WORKS CONSTRUCTION CONTRACTS ~mall Projects-$15,000 I Jns ,urance Requirem ents: lfxh ibit)} Contractor shall procure and maintain for the duration of the contract, and for jive years fo llowing the completion of th e Project, insurance against c la im s for injuries to persons or damages to property whi ch may arise from or in connection with the performance of the work hereunder by Contractor, its ag e nts , representatives, emp loyee s or subcontractors . M INIMUM SCOPE AND LI M IT OF INSURA NCE Coverage s ha ll be at least as broad as: I. Commercial General Liability (CGL): Insurance Serv ic es Office (ISO) Form CG 00 0 I cover in g CGL on an "occ urr ence" basis , written on a comprehens iv e genera l liability form, and must include coverage for liability arising from Contractor 's or Subcontractor 's acts or om issions, including Contractor's protected coverage, blanke t contractual. products and comp leted operations, vehicle coverage and employer 's non-ownership liability coverage, with limit s of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability jar personal injwy, death, property damage or destruction, and personal and advertising injuiy. If a general aggregate li mit applies, either the general aggregate limit sha ll app ly separately to this project/location (ISO CG 2 5 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limi t. a. It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limi ts sha ll be made avai lab le to the Additiona l Insured and sha ll be (1) the minimum coverage/limits spec ifi ed in this agreement; or(2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additiona l Insured coverage under Contractor's policy shal l be "primary and non-contributory," will not seek contribution from City 's insurance/self-insurance, and shall be at least as broad as TSO CG 20 0 I 04 13 c. The limits of insurance required may be sat isfied 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 suc h coverage sha ll also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance sha ll be called upon to protect C ity as a named insured . 2 . Automobile Liability: ISO Form CA 00 0 I cover in g any auto (Code I), or if Co ntra cto r has no owned autos , then hired a uto s (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 Ca liforni a, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease , or as otherwise required by statute. If Contractor is se lf-insured , Contractor must provide a Certificate of Permission to Self-Insure , duly authorized by the DIR. D N/ A if box checked (Contractor provides written verification it has no employees). 4. Professional Liability with limit s no less than $1,000,000 per occurrence or claim, and $2 ,000,000 aggregate. D N/ A if box checked (Contract is not design/build). 5. Build e r's Risk. Course of Construction insurance utilizing an "All Risk " (Special Per il s) coverage form , with limit s equal to the completed value of the project and no coinsurance penalty provisions. 0 N/A if box checked (Pr~ject does not involve construction or improvement.~!installations to property). Insuran ce Requirements for Construction Conlracts -$45,000 Version : Nov 2 01 7 6. Contra c to rs' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omiss ion s with limit s no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. D NIA if box c hecked (P roje ct do es not involve environmental hazards). If Contractor maintains broader coverage and/or hi gher limits than the minimums shown above, City requires and sha ll be ent itl ed to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proc eeds in excess ofthe specified minimum limit s of in surance and coverage sha ll be avai lab le to the City. Se/f .. /nsured Retentions. Self .. insured retentions must be declared to and approved by C ity. At City 's option, either: (I) Contractor shall cause the insurer to reduce or e limin ate se lf-ins ur ed retentions as respects City, its officers, officials, emp loy ees, and volunteers; or (2) Contractor sha ll provide a financial guarantee satisfactory to City guarantee in g payment of losses and related in vest igations, c laim admin istration , and defense expenses . The policy lan guage shall provide, or be endorsed to provide, that the se lf-insured retention may be satisfied by either the named insured or the City. O T HER INSURANCE PROVJSION S The insurance policies are to contai n, or be endorsed to conta in , the fo llowin g 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 th e CGL po li cy with respect to li abil ity arising out of the Services perform ed by or on behalf of Contractor including mat erials , parts, or equipment furnished. Endorsement of CG L coverage shat I be at least as bl"oad as ISO Form CG 20 IO 11 85 or if not ava i !able , through th e add iti on of both CG 20 I 0, CG 20 26 , CG 20 33 , or CG 20 38; and CG 20 37 if a later edit ion is used . Prima,y Covemge For any claims related to this Project, Contractor's insurance coverage shall be "primary and non .. contributory" and at least as broad as !SO CG 20 0 I 04 13 with respect to City , its officers , offic ials , emp loy ees and volunteers, and shall not seek contr ibu tion from City 's insurance. If the limit s of insurance are satisfied in pa1t by Umbrella/Excess Insurance, the Umbrella/Excess In surance sha ll contain or be endors ed to contain a provision that such coverage shall also app ly on a "primary and non-contributory" basis for the benefit of City . Notice of Ca11cellatio 11 Each insurance policy required sha ll provide that coverage shall not be cance led , except with noti ce to the City. Each certificate of insurance must state that the coverage afforded by the pol icy is in force a nd wi l I not be reduced , cancelled or allowed to exp ir e without at least 30 days advance written notice to C ity, 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 attent ion of the C ity Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the form of Course of Co nstruction coverage, which sha ll name the City as a loss payee, as its in terest may appear. The Builder's Risk policy must be is sued on an occurrence basis, for all-risk coverage on a l 00% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. ff the Project does not involve new or major reconstruction, City may elect, acting in it s so le discretion , to accept an lnstallation Floater policy instead of Builder's Risk. For such projects , the Property Installation Floater shal I include improvement , remodel , modification, alteration, convers ion or adjustment to ex ist in g bui ldings, structures , processes , machine1y and equipment, and shal l provide property damage cov e rage for any building , structure , machinery or equipment damaged , imp aired , broken , or destroyed during the performance of the Work , including durin g transit , installation , and testing at the C ity 's site. Insuran ce Requirements for Construc ti on Contracts -$45,000 Ver s ion : Nov 201 7 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City. Contractor agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees , agents and subcontractors . A cceptability 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"Vll" 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 Bo11ds As required by Contract and described in the Contract Documents . The Payment and Performance Bonds shall be in a sum equal to the Contract Price. If the Performance Bond provides for a one -year warranty a separate Maintenance Bond is not necessary. If the wa1rnnty period specified in the Contract is for longer than one year a Maintenance Bond equal to I 0% 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 Cali Forni a and secured through an authorized agent with an office in California . Special Risks or Circumstances City reserves the right to modify these requirements, based on the nature of the risk, prior experience , insurer, coverage, or other circumstances. Insuranc e Requirements/or Construction Conlrac/s -$4 5,000 Version: Nov 2017 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (M M/DD /Y YYY) ~ 2/21 /2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), 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 Asero Insurance Services CONTACT Asero In surance Services NAME: 200 N. Almaden Blvd. 3rd Floor PHONE 866-966-8928 I FAX 408-271 -1802 San Jose, CA 95110 /A /C No. Ext\: CA/C Nol: E-MAIL certs@aseroins.com ADDRESS : INSURER(Sl AFFORDING COVERAGE NAIC# www.aseroins.com License No. OA91339 INSURER A : INSURED INSURER s : Travelers Prooertv Casualtv Co of Am er 25674 Elcor Electric , Inc. INSURER C: Arch Soecialtv Insurance Comoanv 21 199 Attn: Clint Woodley 331 0 Bassett Street INSURER D : Travelers Casualtv and Suretv Co America 31194 Santa Clara CA 95054 INSURER E : Ohio Securitv Insurance Comoanv 24 082 INSURER F : COVERAGES CERTIFICATE NUMBER: 40441788 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN SURED NAME D ABOVE FOR THE POLICY PERIOD INDI CATED . NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDIT IO N OF ANY CONTRACT OR OTHER DOCUMENT WITH RE SPECT TO WHICH THIS CERTIFICATE MAY BE ISSU ED OR MAY PERTAI N, THE INSURANCE AFFORDED BY THE POLICIES DE SCRIB ED HERE IN IS SUB JEC T TO ALL THE TER MS, EXCL US ION S AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN RED UCED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF ,~~Ti%Mfv1 LTR TYPE OF INSURANCE '"'"n WVD POLICY NUMBER fMM /DD /YYYYl LIMITS B L COMMERCIAL GENERAL LIABILITY ,I ,I DT22C05200R796TIL 17 7/25/20 17 7/25/2018 EACH OCCURRENCE $1 000 000 I CLAIMS-MADE CJ OCCUR DAMAGE TO RENTED $300 000 PREMISES /Ea occurrence\ MED EXP (Any one person) $10 000 - PERSONAL & ADV INJURY $1000000 - GEN'L AGGREGATE LIMIT APPLI ES PER : GENERAL AGGR EGATE $2,000 ,000 Fl [Zj PRO-D Loc PRODUCTS -COMP/OP AGG $2 000 000 POLICY JECT OTHER : $ B AUTOMOBILE LIABILITY ,I ,I DT8105200 R796TIL 17 7/25/2017 7/25/2018 COMBINED SINGLE LIMIT $1000000 /Ea accident\ - ,I ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ -- L HIRED _£ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY {Per accident) $ B i-L UMBRELLA LIAS ~ OCCUR CUP6J6239051726 7/25/20 17 7/25/2018 EACH OCCURRENCE $5 000 000 EXCESS LIAS CLAIMS-MADE AGGR EGATE $5 000 000 OED I ./ I RETENTION $10,000 $ B WORKERS COMPENSATION ,I OT JUB5200R7961 7 7/25/2017 7/25/2018 I PER I I OTH- AND EMPLOYERS ' LIABILITY ./ STATUTE ER Y /N ANYPROPRIETOR/PARTNER/EXECUTI VE D N /A E.L . EACH ACCIDENT $1 000 000 OFFICER/MEMBER EXC LUDED ? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 (\(\(\ (\(\(\ If yes, describe under E.L . D ISEASE -POLICY LI MIT $1000000 DESCRI PTION OF OP ERATIONS be low C Professi onal/Pollution Liab ility PDCPP0008902 10/27/2 017 10/27/2018 Limi t/Ag g: $5,000 ,000 E Installation Flo ater B KW5818060 9 7/25/2017 7/25/2018 Lim it: $250,000 D Third Pa rty Crime 106051978 1/29/2018 1/29/2019 Li mit: $1,000 ,0 00 E B uilde rs Risk BM0586 171 86 2/16/2018 2/16/20 19 Limit: $45 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101 , Additional Rema rks Schedule, may be attached if more space is requ ired ) Library Renovations -The City of Cupertino, its City Council, officers, officials, employees, agents, servants a nd volunteers are to b e covered as additional insured on the CGL poli cy with respect to li a bil ity a rising out of the Services perform ed by or on behalf of Contractor including material s, parts, or equipment. Cert Holder is Loss Pay ee on Builde rs Ri sk . Note: 30 D ays Notice of Cancellation will be given except 1 O days for non -payment CERTIFICATE HOLDER CANCELLATION Ci~ of Cupe rtin o SHOULD ANY OF THE ABOVE DESCRIBED POLIC IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN 10 00 Torre Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATI VE o~ I Joe Longwell o © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016 /03) The ACORD name and logo are registered marks of ACORD 40441788 I 17-18 All Lines w/Prof & BR I Susie Leyva I 2/21/20 18 10,08,31 AM (PST) I Page 1 of 13 AGENCY CUSTOMER ID: -------------------- LO C #: -------- ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Asero In s uran ce Servi c es El cor Electri c, In c. Attn: Clint Woodley POLICY NUMBER 331 O Bassett Street Santa Clara CA 95054 CARRIER I NAIC CODE EFFECTIVE DATE : ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM , FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03 /16) HOLDER: City of Cupertino ADDRESS: 10300 Torre Avenue Cupertino CA 95014 General Liability Addition a l Insured/ Primary & Non -Contributory as required by written contract per form CG D6 04 08 13 Gene r al Liab i l i ty Waive r of Subrog at i on as required by written contract per form CG D3 16 11 11 , Section L. Commercial Auto Liability Additional Insured/ Waiver of Subrogation as requ i red by writ t en contract per form CA T3 53 02 15 Workers ' Compensation Waiver of Su b rogation as required by written contract per form WC 99 03 76/a Pollution Liability is Primary and Non -Contributory as required by written contract. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ATTACHMENT 40441788 I 17 -18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10:08:31 AM {PST) I Page 2 of 13 Policy No . DT22C05200R796TIL 17 Insured : Elcor Electric, Inc . COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the follow ing : COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that: a. You agree in a "written contract requiring in- surance" to include as an additional insured on this Coverage Part ; and b. Has not been added as an additional insured for the same project by attachment of an en- dorsement under this Coverage Part which includes such person or organization in the endorsement's schedule ; is an insured, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. Only as described in Paragraph (1), (2) or (3) below , whichever applies : (1) If the "written contract requ iring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: (a) The Additional Insured -Owners, Lessees or Contractors -(Form B) endorsement CG 20 10 11 85; or (b) Either or both of the following : the Additional Insured -Owners , Les- sees or Contractors -Scheduled Person Or Organizat ion endorsement CG 20 10 10 01 , or the Add itional In- sured -Owners , Lessees or Contrac- tors -Completed Operations en- dorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies ; (2) If the "written contract requiring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: (a) The Additional Insured -Owners, Lessees or Contractors -Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13 , the Additional Insured -Owners, Lessees or Contractors -Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13 , or both of such endorsements with either of those edition dates; or (b) Either or both of the following : the Additional Insured -Owners , Les- sees or Contractors -Scheduled Person Or Organization endorsement CG 20 10 , or the Additional Insured - Owners, Lessees or Contractors - Completed Operations endorsement CG 20 37 , without an ed ition date of such endorsement specified ; the person or organizat ion is an additional insured only if the injury or damage is caused , in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies ; or (3) If neither Paragraph (1) nor (2) above ap- pl ies : (a) The person or organization is an ad- ditional insured only if, and to the ex- tent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the perform- ance of "your work" to which the "writ- ten contract requiring insurance" ap- plies; and (b) The person or organization does not qualify as an additional insured w ith respect to the independent acts or omissions of such pe rson or o rgani- zation . CGD6040813 © 201 3 The Travelers Inde mnity Compa ny. All rights rese rved . Page 1 of 3 40441788 I 17-18 All Lines «/Prof & BR I Susie Leyva I 2/2 1/2018 10:08:31 AM (PST) I Page 3 of 13 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured by this endorsement is lim ited as follows : a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies , the minimum limits of liability required by the "written con- tract requiring insurance" will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that "written con- tract requiring insurance". This endorsement will not increase the limits of insurance de- scribed in Section Ill -Limits Of Insurance. b. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services , including : (1) The preparing , approving, or failing to prepare or approve, maps, shop draw- ings, opinions , reports, surveys, field or- ders or change orders , or the preparing , approving, or failing to prepare or ap- prove , drawings and specifications ; and (2) Supervisory, inspection, architectural or engineering activities . c. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed opera- tions hazard" unless the "written contract re- quiring insurance" specifically requires you to provide such coverage for that additional in- sured during the policy period . 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is available to the additional insured . However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance . But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance, whether primary , excess , contingent or on any other basis , that is available to the additional insured when that per- son or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. 4. As a condition of coverage provided to the addi- tional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible , such notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the addit ional insured, the additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable . The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which cov- ers that person or organization as a named insured as described in Paragraph 3. above . 5. The following is added to the DEFINITIONS Sec- tion : "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- Page 2 of 3 © 2013 The Travelers Indemnity Company. All rights reserved. CG D6 04 0813 40441788 I 17-18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10,08,31 AM (PST) I Page 4 of 13 ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs , and the "personal in- jury" is caused by an offense committed, during the policy period and: COMMERCIAL GENERAL LIABILITY a. After the signing and execution of the contract or agreement by you ; and b. While that part of the contract or agreement is in effect. CG D6 04 0813 © 2013 The Travelers Indemnity Company. All rights reserved . Page 3 of 3 40441788 I 17 -18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10,08,31 AM (PST) I Page 5 of 13 POLICY# DT22C05200R796TIL17 CG D3 16 1111 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages . Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B . Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured -Newly Acquired Or Formed Organizations F. Who Is An Insured -Broadened Named Insured -Unnamed Subsidiaries G . Blanket Additional Insured Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT Owners , The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I -COVERAGES -COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is : a. Chartered with a pilot to any insured ; b. Not owned by any insured; and c. Not being used to carry any person or prop- erty for a charge . B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I -COVERAGES - COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I - COVERAGES -COVERAGE A. BODILY H . Blanket Addit ional Insured -Lessors Of Leased Equipment I. Blanket Additional Insured -States Or Political Subdivisions -Permits J . Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability -Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage". Exclusion f.(1 )(a) does not apply to "premises damage" caused by : a. Fire; b. Explosion ; c. Lightning ; d. Smoke resulting from such fire , explosion, or lightning ; or e. Water; unless Exclusion f. of Section I -Coverage A -Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion -All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION Ill -LIMITS OF IN- SURANCE . 40441788 I 17 -18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10 ,08 ,31 AM (PST) I Page 6 of 13 POLICY# DT22COS200R796TIL17 by any ordinance , law or building code to include as an additional insured on this Coverage Part is an insured , but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations . The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision ; or b. Any "bodily injury" or "property damage" in- cluded in the "products-completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit , of SECTION IV -COMMERCIAL GEN- ERAL LIABILITY CONDITIONS : e. The following prov1s1ons apply to Paragraph a. above, but only for the purposes of the in-surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II -Who Is An Insured: (1) Notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive officers" or directors (if you are an organization other than a partnership, joint venture or limited liability company) or any "em-ployee" authorized by you to give notice of an "occurrence" or offense . (2) If you are a partnership , joint venture or limited liability company , and none of your partners, joint venture members or man-agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occurrence" or offense is known by: (a) Any individual who is : II. I. (i) A partner or member of any partnership or joint venture ; A manager of any limited liability company ; or An executive officer or director of any other organ ization ; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnersh ip, joint venture, limited Ii-ability company or other organization to give notice of an "occurrence" or offense . (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discove rs that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an endorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge , release or escape of "pollutants" which contains a requirement that the d ischarge, release or escape of "pollutants" must be reported to us within a specific number of days after its abrupt commencement , this Paragraph e. does not affect that requirement. K . UNINTENTIONAL OMISSION The following is Representations , COMMERCIAL CONDITIONS: added to Paragraph 6., of SECTION IV GENERAL LIABILITY The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance . However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations . CG D3 161111 40441788 I 17-18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10 :08:31 AM (PST) I Page 7 of 13 POLICY# DT22COS200R796TIL17 L BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS: If the insured has agreed in a contract or agree -ment to waive that insured's right of recovery against any person or organization , we waive our right of recovery against such person or organiza-tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc-curs ; or b. "Personal injury" or "advertising injury" caused by an offense that is committed ; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION 3. The following replaces the definition of "bodily injury" in the DEFINITIONS Section "Bodily injury" means bodily injury, mental anguish , mental injury, shock, fright, disability, humiliation , sickness or disease sustained by a person , including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY -RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section : c. Any easement or license agreement ; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. CG D3 16 1111 40441788 I 17-18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10c08c31 AM (PST) I Page 8 of 13 TRAVELER WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 ( A) - POLICY NUMBER: DT JUB5200R79617 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERSENDORSEMENT- CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy . We will not enforce our right against the person or organization named in the Schedule. The additional premium for this endorsement shall be 2.00 % of the California workers' compensation pre- mium . Schedule Person or Organization ANY PERSON OR ORGANIZATION FORWHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/25/2017 Policy No . DT JUB5200R79617 Endorsement No . Insured : Elcor Electric, Inc . Premium Insurance Company Countersigned by 40441788 I 17-18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10 ,08,31 AM (PST) I Page 9 of 13 POLICY# DT8105200R796TIL17 CA T3 53 0215 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only . Limitations and exclusions may apply to these coverages. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS- INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV-ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS H. HIRED AUTO PHYSICAL DAMAGE-LOSS OF USE-INCRASED LIMIT PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form during the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, which- ever is earlier B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization , that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect I. PHYSICAL DAMAGE TRANSPORTATION EXPENSES- INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAVIER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMMISIONS during the policy period , to be named as an additional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COV-ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while "auto" hired or rented under a operating an contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business . 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV -BUSINESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover age, the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow ; 40441788 I 17 -18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10,08,31 AM (PST) I Page 10 of 13 POLICY# DT8I05200R796TIL17 and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business . However, any rented or borrowed with a driver is not a covered "auto" D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured while using a covered "auto" you don't own , hire or borrow in your business or your personal affairs . E. SUPPLEMENTARY PAYMENTS-INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II -COVERED AUTOS LIABIL-ITY COVERAGE: (2) Up to $3 ,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds . 2. The following replaces Paragraph A.2.a.(4), of SECTION II -COVERED AUTOS LIABIL-ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be-cause of time off from work. F. HIRED AUTO-LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS The following replaces Subparagraph (5) in Paragraph B.7., Policy Period, Coverage Territory, of SECTION IV BUSINESS AUTO CONDITIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, embargo, or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction, for Covered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada : (i) You must arrange to defend the "insured" against , and investigate or settle any such claim or "suit" and keep us advised of all proceedings and actions (ii) Neither you nor any other involved "insured" will make any settlement (iii) We may, at our discretion, participate in defending the "insured" against , or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent , but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II- COVERED AUTOS LIABILITY COVERAGE (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance , of SECTION II COVERED AUTOS LIABILITY COVERAGE and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages , settlements or defense expenses (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess , contingent or on any other basis . (c) This insurance is not a substitute for required or compulsory insurance in any country outside the United States, its territories and possessions, Puerto Rico and Canada . You agree to maintain all required or compulsory insurance in any such country up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory insurance requirements. (d) It is understood that we are not an admitted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Canada . We assume no responsibility for the furnishing of certificates of insurance , or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE -GLASS The following is added to Paragraph D., Deductible, of SECTION Ill COVERAGE: -PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced . H. HIRED AUTO PHYSICAL DAMAGE USE -LOSS OF USE-INCREASED LIMIT The following replaces the last sentence of Para - graph A.4.b., Loss Of Use Expenses, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". I. PHYSICAL DAMAGE-TRANSPORTATION EXPENSES-INCREASED LIMIT CA T3 53 0215 40441788 I 17-18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10 ,08,31 AM (PST) I Page 11 of 13 POLICY# DT8105200R796TIL17 The following replaces the first sentence in Paragraph A.4.a., Transportation Expenses, of SECTION 111-PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type . J. PERSONAL PROPERTY- The following is added to Paragraph A.4., Cover-age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property: We will pay up to $400 for "loss" to wearing apparel! and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto" This coverage applies only in the event of a total theft of your covered "auto" No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in - flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any war-ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss" L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV-BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representative prompt notice of the "accident" or "loss" ap-plies only when the "accident" or "loss" is known to : (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability company) (d) An executive officer, director or insurance manager (if you are a corporation or other organization); or (e) Any "employee" authorized by you to give no-tice of the "accident" or "loss" M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV BUSINESS AUTO CONDITIONS 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance . How-ever this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. CA T3 53 02 40441788 I 17 -18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10:08:31 AM (PST) I Page 12 of 13 Policy#: BM058617186 AAIS IM 7854 04 04 Page 1 of 1 This endorsement changes the Inland Marine Coverage --PLEASE READ THIS CAREFULLY -- LOSS PAYABLE OPTIONS If indicated on the Loss Payable Schedule, the following conditions apply to the property described on the schedule . The following conditions apply in addition to the policy "terms" which are contained in the Inland Marine Coverage( s ). LOSS PAYABLE Any loss will be adjusted with "you" and will be payable to "you" and the loss payee described on the schedule as "your" and their interests appear. LENDER'S LOSS PAYABLE Any loss will be payable to "you" and the loss payee described on the schedule as interests appear. If more than one loss payee is named, they will be paid in order of precedence . The insurance for the loss payee continues in effect even when "your" insurance may be void because of "your" acts, neglect , or failure to comply with the coverage "terms". The insurance for the loss payee does not continue in effect if the loss payee is aware of changes in ownership or substantial increase in risk and does not notify "us". If "we" cancel this policy , "we" notify the loss payee at least ten days before the effective date of cancellation if "we" cancel for "your" nonpayment of premium, or 30 days before the effective date of cancellation if "we" cancel for any other reason. "We" may request payment of the premium from the loss payee , if "you" fail to pay the premium. If "we" pay the loss payee for a loss where "your" insurance may be void, the loss payee's right to collect that portion of the debt from "you" then belongs to "us". This does not affect the loss payee's right to collect the remainder of the debt from "you". As an alternative , "we" may pay the loss payee the remaining principal and accrued interest in return for a full assignment of the loss payee's interest and any instruments given as security for the debt. If "we" choose not to renew this policy, "we" give written notice to the loss payee at least ten days before the expiration date of this policy. CONTRACT OF SALE Any loss will be adjusted with "you" and will be payable to "you" and the loss payee described on the schedule as "your" and their interests appear. The loss payee shown on the schedule is a person or organ ization "you" have entered into a contract with for the sale of covered property. When covered property is the subject of a contract of sale , the word "you" also means the loss payee. IM 7854 04 04 Copyright , American Association of Insurance Services , ln c.,2004 40441788 I 17 -18 All Lines w/Prof & BR I Susie Leyva I 2/21/2018 10c08c31 AM (PST) I Page 13 of 13 EXHIBIT "C" Performance Bond Bond No.: RCB0015653 Premium : $466.00 The City of Cupertino ("City '') and Elcor Electric, Inc. ("Contractor ") have entered into a contract, dated February 20 , 20~ ("Contract") for work on the < Cupertino Library and Fountain Lighting Electrical repairs> Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. 2. 3. 4. General. Under this Bond , Contractor as Principal and RLI Insurance Company , its surety ("Surety "), are bound to City as obligee for an amount not less than $ 43, 111.00* By executing this Bond , Contractor and Surety bind themselves and their respective heirs, executors . administrators , successors and assigns, jointly and severally , to the provisions of this Bond . *Forty-Three Thosuand One Hundred Eleven and 00/100 Dollars Surety's Obligations; Waiver. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void upon recordation of the notice of completion , provided Contractor has timely provided a warranty bond as required under the Contract. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents , including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845 . Application of Contract Balance. Upon making a demand on this Bond , City will make the Contract Bala nce available to Surety for completion of the Work under the Contract. For purposes of this provision , the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor , and minus any liquidated damages, credits , or backcharges to which City is entitled under the terms of the Contract. Contractor Default. Upon written notification from City that Contractor is in default under Article 13 of the Contract General Conditions , time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 4.1 Arrange for completion of the Work under the Contract by Contractor, with City 's consent , but only if Contractor is in default solely due to its financial inability to complete the Work; 4.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City , and secured by performance and payment bonds issued by an admitted surety as required by tt,e Contract Documents , at Surety 's expense; or 4.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City 's costs to have the remaining Work completed . 5. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incu rs due to Surety 's default , including legal, design professional , or delay costs . 6. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn Will Finan Address 350 Rhode Island St ., #240 City/State/Zip ___ S_a_n_F_r_a_n_ci_s_co~·~C_A_9_4_1_0_3 _______ _ Phone : 415-981-1900 ext. 1766 Fax: 309-689-3937 --------~-~-------------Em a i I: will.finan@rlicorp.com Cupertino Library and Fountain Lighting Ele c trical Repairs PERFORMANCE BOND Page 3 EXHIBIT "C" 7. Law and Venue. This Bond will be governed by California law , and any dispute pursuant to this Bond will be ve nu ed in th e Superior Court fo r Santa Clara County in which the Project is located , and no other place . Surety will be responsible for City 's attorneys· fees and costs in any action to enforce the provisions of this Bond . 8. Effective Date; Execution. This Bond is entered into and effective on ___ F_eb_r_u_a....:ry_16 __ 20 18 SURETY: _____ R_L_I _I n_s_u_ra_n_c_e_C_o_m_._pa_n_,y'------------- Busines s Name s/ _ _{1~~'----=-----irtJ~.~~v __ v-J:::a Shea , Attorney-in-Fact Name/Title [p ri nt] (Acknowledgment with Notary Seal for Surety and Surety 's Power of Attorney must be attached .) Name/Title s/ ___________________________ _ Name/Title END OF PERFORMANCE BOND Cupertino Library and Fountain Lighting Electrica l Repairs PERFORMANCE BOND Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 . . A notary public or other officer completing this certificate ve rifies only the identity of tl1e individual who signed the document to which this certificate is attached , and not the t ruth fulness , accuracy , or validity of that document. State of California County of _____ S_a_n_t_a_C_l_ar_a ____ _ On __ F_e_b_ru_a_ry~16_,~2_0_1_8 __ before me, _______ D_. _G_u_z_m_a_n_, _N_o_ta_ry~P_u_b_l_ic _____ _ Date Here Insert Name and Title of the Officer personally appeared _____________ J_a_m_e_s_B_._S_h_e_a ____________ _ Name(s) of Signer(s) who proved to me on the basis. of satisfactory evidence to be the person($) whose nahle(s) is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iesJ, and that by his/he1 /tl"lei1 signature(~) on the instrument the person(1.t), or the entity upon behalf of which the person(i) acted, executed the instrument. Place Nota,y Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct . WITNESS m y hand and official seal. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the cjocument 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 Signerfs) Signer's Name: . ;-Corporate Officer -Title(s): ___ _ .:= Partner -C Limited ··· General _ Individual -Attorney in Fact ! Truste e I Guardian or Conservator C:: Other: ______________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ L Corporate Officer -Title(s): _______ _ , Partner -_ Limited _J General C Individual -Attorney in Fa ct __ Trustee = Guardian or Conservator Other : ______________ _ Signer Is Representing: _________ _ ~~~~~~~~~'%'%-~~~"g.~~'gj}~ ©2014 National Notary Assoc iation · www.Na tionalNotary.org • 1-800 -US NOTARY (1-800-876 -6827) Item #5907 RU Surtly P.O . Ro x ~96 7 I Peori a. IL 61 6 12-3967 Pho11c: (800)(,45-24 02 I Fax: (309)689-2036 \VWw.dicorp.(om Know All Men by These Presents: POW ER OF ATTORNEY RL I Insurance Company That tl1is Power of Attorney is not valid or in effect unless attached to the bond which it authorizes exe cuted, but may be detached by th e approving officer if desired. That RLI Insurance' Company, a(n ) Illinois corporation, does he reby make, constitute and app o int: James B. Shea, D. Guzman. Jeffery N. Aber, Dora Hockett. jointly or severally in the City of San Jose , State of California its trne and lawful Agent and Attorney in Fact, with full power and authority hereby conferred , to sign, execute, acknowledge and deliver for and on its behalf as Surety , the following desctibed bond . Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten l\.'lillion Dollars (SI0,000,000) for any single obligation . The acknowledgment and exe cution of such bond by the said Attorney in Fact shall be as binding upon !his Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. The RLJ Insurance Company further certifies that the following is a true and ex act cop y or the Resolution adopted by the Board of Directors ofRLI Insurance Company , and now in force to-wit: "All bonds, policies, underlakings, Powers of Attorney or other obligations of the corporation shall be executed in Ute corporate name of the Company by the President, Secreta ry , any Assistant Secretary, T reasurer, or any Vice President, or by such. other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shaJI hHe authority tu issue bonds, policies or underlakings in the name of the Company . The corporate seal is not necessary for the validily of any bonds, policies, undertakings, Powers of Attorney or other obligations uf the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." TN \\'TTNESS WHEREOF, the RLI Insurance Company has caused these presents lo be executed by its Vice President with its corporate seal affixed this 29th day of January 20 U State of Illinois County of Peoria } ss On this 29th day o f' Januarv 20[3 , before me , a Notary Public, personally appeared Rov C . Die , w ho being by me du ly swo rn, acknowledged that he signed the abo ve Powe r o f A ttorney as the aforesaid oflicer of the RLI Insurance Company and ack:nowl e dge d said instrument to be the voluntary acl and deed of said co1voration. Jacqu Notar y Publ i~ ~i:.~~ "OFFI CIAL SEA L" RLl Insurance Company Roy C: Vice J>resicknl CERTIFICATE l, th e undersigned officer of RLI Insurance Company, a stock corp oration of the State of Illinoi s, do hereby (;ertify that tbc attached Powe r or A Lt om cy is in full for ce and e!Tecl and is irre vo(;ablc; and forthennortc, that th e Resolution of the C ompany as set fo1ih in the Pow er or Attorney , is now in forc e. In testimony whereof l have h ere unl(> se l my hand and th e seal or the RLT Insurnnce Company thi s 16th , day of February , 201 ~. RLI Insu rance Compan y ~ NOTARY """'-"' JACQV ELIN " M BOCK LER 1STAftOF .. . vm..01; COMMIS SI ON EXPIRES 03118114 V(ce Pr,,side nt Rov C. Di e / 04756320202 1 ~ "(_ /\0059411 EXHIBIT "C" Payment Bond Bond No.: RCB0015653 Premium: Included in Performance Bond The City of Cupertino ("City ") and Elcor Electric, Inc. ("Contractor") have entered into a contract, dated February 20 , 201~ ("Contract") for work on the < Cupertino Library and Fountain Lighting Electrical repairs > Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond , Contractor as principal and RLI Insurance Company its surety ("Surety"), are bound to City as obligee in an amount not less than $ 43 111 .00* , under California Civil Code sections 9550 , et seq. *Forty-Three Thosuand One Hundred Eleven and 00/100 Dollars 2. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay any of the persons named in California Civil Code section 9100 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract , or for any amounts required to be deducted, withheld , and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors , under California Unemployment Insurance Code section 13020, with respect to the work and labor, then Surety will pay for the same. 3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond . Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void . Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code sections 2819 and 2845. City waives requirement of a new bond for any supplemental contract under Civil Code section 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Will Finan Address : 350 Rhode Island St. #240 -------------~---------City/St ate/Zip: San Francisco, CA 94103 Phone 415-981-1900, ext. 1766 Fax 309-689-3937 Email: ________ w_i_ll._fi_n_a_n@~r_lic_o_r..,_p_.c_o_m _______ _ 6. Law and Venue. This Bond will be governed by California law, and any dispute pursuant to this Bond will be venued in the Superior Court of Santa Clara County in which the Project is located , and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond . Cupertino Library and Fountain Lighting Electrical Repairs PAYMENT BOND Page 1 EXHIBIT "C" 7. Effective Date; Execution. This Bond is entered into and is effective on February 16 , 20~. SURETY ____ R_L_l _ln_s_u_ra_n_c_e_C_o_m~p_a_n~y _______________ _ Business Name s/ -----~_,,__a_,..m~~~s-B ___ S_h_e_a~ .... A~llo-r~n~~e,-y-.,_in~--Fa-c~~---~ Name/Title (Acknowledgment wit h Surety 's Notary Seal and Surety 's Power of Attorney must be attached.) s/ ___________________ _ Name/Title END OF PAYMENT BOND Cupertino Library and Founta in Li ghting Electrical Repairs PAYMENT BOND Page 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 . . A notary public or other officer completing this certificate verifies only the identity of tl1e individual who signed the document to which this certificate is attached, .and not the t ruthfulness , accuracy, or validity of that d_ocurnent. State of California County of _____ S_a_n_ta_C_la_r_a ____ _ On __ F_e_b _ru_a~ry~1 _6 ~, 2_0_1_8 __ before me, _______ D_._G_u_z_m_a_n_,_N_o_ta_ry_P_u_b_li_c _____ _ Date Here Insert Name and Title of the Officer personcJ.lly appeared _____________ J_a_m_e_s_B_._S_h_e_a ____________ _ Name(s) of Signer(s) who proved to me on the basis. of satisfactory evidence to be the person($) whose n,;u'i1e(s) is/are-- subscribed to th·e within instrum e nt and acknowledged to me that he/she/they exec1;Jted the same in his/her/their authorized capacity(tesj, and that by his/he1 .'their signature(~) on the instrument the person(~), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Nota,y Seal Above I ce rtify under PENAL TY OF PERJURY under the laws of the State of California that the fore_going paragraph is true and correct. ----------------OPTIONAL---------------- Though this section is optional, co mpleting this information can deter alteration of the cjocument or fraudulent re attachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ___________ _ Document Date: Number of Pages: ____ Signer(s) Other Than Named Above: ---------·---- Capacity(ies) Claimed by Signer(s} Signer's Name : _____________ _ Signer's Name: ____________ _ ·-Corporate Officer -Title(s): ___ _ L Corporate Officer -Title(s): _______ _ .= Partner -C Limited --General I Partn er -_ Limited _j General _ Individual -Attorney in Fact r:_ Individual -Attorney in Fact : Truste e I Guardian or Conservator . _ Trustee = Guard ian or Conservator C Other: ______________ _ Other: ______________ _ Signer Is Representing : _________ _ Signer Is Representing: _________ _ ~~~~~~~~~'%'%~~~~'g(,>'! ©20 14 National Notary Association· www.Nationa lN ota ry.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 RLI Surety P.O . Box 3967 I Peoria , IL 61612-3967 Phone: (8()())645-2402 I Fax : (309)689-2036 www .rJi corp.c..:om Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detach ed by the approving officer if desired. That RLI Insurance Company, a(n) Illinois corporation, does hereby mak e, constitute and appoint: James B. Shea, D. Guzman. Jeffery N. Aber, Dora Hockett jointly or severally in the Ci ty of San Jose , State of California its true and lawful Agenl and Atlomey in Fact, v.:ith full power and authority hereby conferred , to sign, execute, acknowledge and deliver for and on its behalf as Surety, the following desc1ibed bond. Any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars (Sl0,000,000) fo r an)' single obligation. The acknowledgment and execution of such bond by the said A tt orney in Fact shalt be as binding upon this Company as if such bond had been executed and acknowledged by th e regularly elected officers of this Company. The RLT Insurance Company further certifies that the following is n true and exact copy or the Resolution adopted by the Board of Directors ofRLI Insurance Company, and now in force to-wit: -, "All bonds, policies, undertakings, Powers of Attorney or other obligations of the rnrponition shall be executed in Ute corporate name of the Company by tbe President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice .Pres ident, Secretary, any Assistant Secretary, ur the Treasurer may appoint Attorneys in Fact or Agents who shall ba.-c authority tu issue bonds, policies or undertakings in the name of the C ompany. The corporate seal is not necessary for the. validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed h y facsimile." fN WITNESS WHEREOF, the RLI Insurance Company ha s caused these presents lo be execut ed by its Vice President with ils corporate seal affixed thi s 29th d ay of Januai:y 2013 State of Illinois County of Peoria } ss On thi s 29th day or Januarv 20 l3 , before me, a Notary Public, personally appeared Roy C. Die , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of th e RLT Insurance Company and acknowle dged said instrument to be the vo luntary acl and dt:ed l>r sai d co1voration. Notary Pub] ic RLl Insurance Company Roy C: Vice Presidenl CERTIFICATE I, the undersigned officer of RLI lmurancc Company, a stock corporation of the State of lllinois, do ht>reh y certify that the atlaehcd Power or Attorney is in foll force and effect and is irrevocable; and fortherrnore , that the Rcsolmion of the C ompany as set fo1ih in the Power nr Al.lomcy, is now in force. Ju testimon y whereof. [ have l1ereun to ,et my hand and the seal of the RLI r,uurance Company this 16th , day of February , _ 2018 . RLI Insurance Company . -·-------·--) ---7'---t----:::-·--· -----L---1c+-~--'---:::..._;:___.;...<..::·:.::... _______ _ Roy C. Die / Vice President 0475632020212 A00594l I