18-113 Bear Electrical Solutions, Prado Vista Street Light Infrastructure InstallationFIMMW_t Y=T
$45,000 OR LESS
1. PARTIES
This public works contract ("Conti -act") is made and entered into on June 4, 2018
("Effective Date") by and between the City of Cupertino, a municipal corporation ("City"), and
Bear Electrical Solutions , a Corporation
("Contractor") for Prado Vista Street 1.14111it Infrastructure Installation
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,
3.1 Term. This Contract begins on the Effective Date and ends on Sep ember 7 2018
("Conti -act 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 $26_,500.00
("Contract Price"), for all of Contractor's direct and indirect costs, including all labor, materials,
supplies, equipment, taxes, insurance, bonds and all overhead costs.
4.2 Invoices and Payments. Contractor must submit an invoice on the first day of each month,
describing the Work performed during the preceding month, itemizing labor, materials, equipment and
Public Works Project Prado Vista Street
Public Works Contract $45, 000lRev. Nov 3, 2017
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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. INDEP.ENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee of City. Contractor is
solely responsible for the means and methods of performing the Work and for the persons under this
employment. Contractor is not entitled to worker's compensation or any other City benefits.
5.2 Contractor's Qualifications. Contractor warrants on behalf of itself and its Subcontractors that
they have the qualifications and skills to perform the Work in a competent and professional manner and
according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they
are properly licensed, registered, and/or certified to perform the Work as required by law, and have
procured a City Business License. Contractor shall possess a California Contractor's License in good
standing for the following classification(s):C 10 A, _C-31, C�-01 /D-3 �l which
must remain valid for the entire Contract Time.
5.4 Subcontractors. Only Conti -actor'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 Tows, 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 Linder 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.
G. 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 Conti -act or any interest therein, directly or
indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do
so will be null and void. Any changes related to the financial control or business nature of Contractor
as a legal entity is considered an assignment of the Contract arid 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 Prado Vista
Public Works Contract $45, 000 Rev. Nov 3, 2017
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S. PUBLICITY / SIGNS
Any publicity generated by Contractor lot- the Project (luring the ContractTime, and for one year
thereafter must credit City contributions to the Project. The words "City of Cupertino" must be
displayed in all pieces of publicity, flyers, press releases, posters, brochures, interviews, public service
announcements and newspaper articles. No signs may be posted or displayed on or about City
property, except signage required by law or this Conti -act, without prior written approval from the City.
9. SUBCONTRACTORS
9.1. Contractor must perform all the Work with its own forces, except that Contractor may hire
qualified subcontractors to perform up to 25 % of the Work, provided that each subcontractor
is required by contract to be bound by the provisions of this Contract. Contractor must provide City
with written proof ofcompliance with this provision upon request.
9.2 City may reject any subcontractor of any tier and bar a subcontractor from performing Work on
the Project, if City in its sole discretion determines that subcontractor's Work falls short of the
requirements of this Contract or constitutes grounds for rejection under Public Contract Code Section
4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor's
Work or hire a new subcontractor that is acceptable to City. A Notice of Completion must be recorded
within 15 days after City accepts the Work if the Contract involves work by Subcontractors.
10. RECORDS AND DAILY REPORTS
10.1 Contractor Must maintain daily reports of the Work and submit them to City upon request and
at completion of Project. The reports must describe the Work and specific tasks performed, the number
of workers, the hours, the equipment, the weather conditions, and any circumstances affecting
performance. City will have ownership of the reports, but Contractor will be permitted to retain copies.
10.2 If applicable, Contractor must keep a separate set of as -built drawings showing changes and
updates to the Scope of Work or the original drawings as changes occur. Actual locations to scale must
be identified for all major components of the Work, including mechanical, electrical and plumbing
work; HVAC systems; Utilities and utility connections; and any other components City determines
should be included in the final drawings of the Project. Deviations from the original drawings must be
shown in detail, and the location of all. main runs, piping, conduit, ductwork, and drain lines must be
shown by dimension and elevation.
10.3 Contractor must maintain complete and accurate accounting records of its Work, in accordance
with generally accepted accounting principles, which must be available for City review and audit, kept
separate from other records, and maintained for four years from the date of City's final payment.
Public Works Project
Public Works Cotitract $45, 000 lRev. Nov 3, 2017
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11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active
negligence or willful misconduct of City personnel, Contractor shall indemnify, defend, and hold
harmless City, its City Council, boards and commissions, officers, officials, employees, agents,
servants, Volunteers and consultants ("Indemni tees"), through legal counsel acceptable to City, frorn
and against any and all liability, damages, claims, stop notices, actions, causes of action, demands,
charges, losses and expenses (including attorney fees, legal costs and expenses related to litigation and
dispute resolution proceedings), of every nature arising directly or indirectly from this Contract or in
any manner relating to any of the following:
(a) Breach of contract, obligations, representations or warranties;
(b) Performance or nonperformance of the Work or of any obligations Linder the Contract by
Contractor, its employees, agents, servants, subcontractors or subcontractors;
(c) Payment or nonpayment by Contractor or its subcontractors or sub -subcontractors for Work
performed on or off the Project Site; and
(d) Personal injury, property damage, or economic loss resulting from the work or performance of
Contractor or its subcontractors or sub -subcontractors.
11.2 Contractor Must pay the costs City incurs in enforcing this provision. Contractor must accept a
tender of defense upon receiving notice from City of a third -party claim, in accordance with California
Public Contract Code Section 9201. At City's request, Contractor will assist City in the defense of a
claim, dispute or lawsuit arising out of this Contract.
11.3 Contractor's duties under this entire Section are not limited to Contract Price, Workers'
Compensation or other employee benefits, or the insurance and bond coverage required in this
Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in
favor of Contractor against City or any other Indemnitee.
11.4 Contractor's payments may be deducted or offset to cover any money the City lost due to a
claim or counterclaim arising out of this Contract, a purchase order or other transaction.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit
B. Contractor must provide satisfactory proof of insurance and maintain it for the Contract Time or
longer as required by City. City will not execute the Conti -act until City has approved receipt of
satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations
covered, and the effective and expiration dates of coverage. Failure to comply with this provision may
result in City, at its sole discretion and without notice, purchasing insurance at Contractor's expense,
deducting the costs from Contractor's compensation, or terminating the Contract.
Public Works Project Prado Vista Street Light Infrastructure Installation
Public Works Contract $45, 000 lRev. Nov 3, 2017
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13. COMPLIANCE wi,rH 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 perforining 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 ofthe California Labor Code,
including but not limited to:
(i) Prevailing wage laws under Labor Code Section 1775, which require Conti -actor
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 1, t ://www.dJr,ca g�j
(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 Conn-nissioner 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 less than prevailing wages of- required to
work more than a legal day's work. Contractor will also be required to pay City a penalty of
$200.00 per worker for each day of violation.
(c) As required by Labor Code Section 1861, by signing this Contract Contractor certifies as
follows: "I am aware of Labor Code Section 3700 which requires every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with
the provisions of that code, and I will comply with such provisions before commencing the
Work on this Contract."
13.3 Discrimination Laws. Contractor shall not discriminate on the basis ofrace, religious creed,
color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex,
gender, sexual orientation, gender identity, Acquired-linmune Deficiency Syndrome (AIDS) or any
other protected classification. Contractor shall comply with all anti -discrimination laws, including
(ioverriment Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777 and 3077.5.
Consistent with City policy prohibiting harassment and discrimination, Contractor understands that
harassment and discrimination directed toward a job applicant, an employee, a City employee, or any
other person, by Contractor or Contractor's employees or sub -contractors will not be tolerated.
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13.4 Conflicts of Interest. Contractor, its employees, subcontractors, servants and agents, may not
Dave, maintain or acquire a contlict of interest in relation to this Contract in violation of law, including
Government Code section 1090 and Govenunent 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 f"or 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 life 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 tinder the law and this Contract, including seeking indemnification.
For contracts of $25,000 or more, Contractor must obtain a payment bond and a performance bond,
each in the penal sum of 100% of the Contract Price, using the Bond Forms attached and incorporated
here as Exhibit C. Each bond Must be issued by a surety admitted in California, with a financial rating
from A.M. Best Company of Class A- or higher, or as otherwise acceptable to City. If an issuing Surety
cancels a bond or becornes 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 fi-orn payments clue Contractor, or terminate the Conti -act. City will not execute the
Contract nor issue the NIT 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 Governi-fient 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 11, or Class III disposal site Pursuant to law;
(b) Subsurface or latent physical conditions at the Project worksite differing from those
indicated by information about the worksite made available to Contractor; and
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(c) Unknown physical conditions at the Project worksite of any unusual nature, materially
different from those ordinarily encountered and from those generally recognized as inherent
in the character of the Work.
1.5.3 For contracts $25,000 or higher that require excavation or involve trenches five feet or more in
depth, Conti -actor 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 ftilly 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 drams. Prior to the start of tile Work, Conti -actor 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, tile 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 mariner;
(d) After breaking old pavement, remove debt -is 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 tip any leaks, drips, and other spills as they occur.
16.2 These requirements must be used in conjunction with the California Storrnwater Quality
Association and California Best Management Practices Municipal and Construction Handbooks, local
program guidance materials froin municipalities, and any other applicable documents oil 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
Public Works Contract $45,000IRev. Nov 3, 2017
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17. PROJECT COORDINATION
City Protect Manager. City assigns Bract Alexander as
the City representative for all put -poses under this Conti -act, with authority to require compliance with
the Scope of Work. City may Substitute Project Managers at any time and without prior notice to
Contractor.
Contractor Project Manager. Subject to City approval, Contractor assigns Brent Paulson
as its single representative for all purposes under
this Contract, with the responsibility to ensure progress with the Work, Contractor's Project Manager
is responsible 66r 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 fbr satisfactory Work performed through the (late of abandonment and will be given
reasonable time to close out the Work. With City's pre -approval in writing, the time spent in closing
out the Work, will. be compensated up to 10% of the total time expended in performing the Work.
18.2 City may terminate the Contract for cause or without cause at any tirne. Contractor will be paid
for satisfactory Work rendered through the tern:,iination date and will be given reasonable time to close
out the Work.
18.3 Final payment will not be made until Contractor delivers the Work and provides records
documenting the Work, products and deliverables completed. Nothing in the Section below is intended
to delay, abridge or bar City's right under this Section.
19. -('VOVERNING LAW, VENUE AND DISPUTE RESOLUTION
This Contract is governed by the laws of State of California, Venue for any legal action shall be the
Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public
Contract Code Section 20104, incorporated here by reference, apply to this Contract and Contractor is
required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit, Contractor
must comply with the claim filing requirements of the California Government Code, If the Parties elect
arbitration, the arbitrator's award must be supported by law and substantial evidence and include
detailed written findings of law and fact.
20. A'rTORNEY 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 Conti -act, the prevailing
party will be entitled to reasonable attorney fees and costs.
Public Works Project
Public Works Contract $45,000fflev. Nov 3, 2017
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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. 1111RD P,A,R-'I',Y 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
del.'ective workmanship and materials, and that the Work will be free from material defects not intrinsic
in the design or materials. All Work, materials and equipment should pass to City free of claims, liens
or encumbrances. Contractor warrants the Work and materials for one year from the date of City's
acceptance of the Work as complete ("Warranty Period"), except when a longer guarantee is provided
by a supplier, manufacturer or is required by this Conti -act. 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.
This Conti -act 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. SEVER.ABILITY/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
Public Works Contract $45,000 lRev. Nov 3, 2017
29. INSERTED PROVISIONS
Each provision and clause required by law to be inserted in this Contract will be deemed to be included
and will be inferred herein, Either party may request an amendment to cure mistaken insertions or
omissions of required provisions.
30. CAPTIONS
The captions, titles, and headings in this Contract are for convenience only and may not be used in the
construction or interpretation of the Contract or for any other purpose.
31. COUNTERPARTS
This Contract 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 set -vice, 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 Avenue, Cupertino CA 95014
Attention: Brad Alexander
Copy to: Carl Valdez --.—.------.--
Email: bradA Dy
30. VALIDITY OF CONTRACT
To Contractor:
Bear Electrical Solutions
Attention: Robert Asuncion
Copy to: Brent Paulson
Email: robert Abear-electrical.com
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 Prado Vista Street Light Infrastructure Installation
Public Works Contract $45, 000 lRev. Nov 3, 2017
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IN WITNESS WHEREOF, the parties have caused this Contract to be executed as ofthe ExeCLJti011
Date first above written.
CONTRACTOR Bear Electrical Solutions
corooration
Title:
Signature Date:
APPROVED AS TO FORM:
By: oa4'44
4Cu' etitino City Attorney/
By:
GkX-CE SCHMIDT, City Clerk
CITY OF CUPERTINO,
a Municipal Corporation
Director of Public Works
Signature Date: t
Public Works Project
Public Works Contract $45, 000 lRev. Nov 3, 2017
1341Jrc6erStreel, POBox ��Alviso,(A 95002-0924
?eb 408-449-5/78fmz408449`847
DATE:
April 3(\2O\O
TO:
Brad Alexander
FROM:
Brent Paulson
COMPANY:
City ufCupertino
PHONE:
(408)449'5178
PHONE:
(408)777'3275
BI0/PROJECT: Cupertino, PrmdoVista Street Ligbtln6omtrncCumcIomtmDnduu
8E5received arequest for pricing toprovide electrical labor and equipment for the following scope of
work:
. Furnish and Install Qty (3) new reinforced Type 15 streetlight foundation at locations specified
on plans
Install Qty (4) N9 streetlight Pull boxes adjacent to new foundations and at street crossingg
Install approximately 100 feet of I.Sinch PVC conduit via directional bore to PGE Sub box
for new pole base onPradoVista side of22G3OStevens Creek Blvd.
' Install Approximately 1OOfeet of1.5 inch PVC conduit via directional bore to PGE sub box for
new pole base |nfront of1O16O/1O1OOPradoVista Drive.
' Install approximately 1DOfeet of 1.5 inch PVC conduit via directional bore 1oexisting
streetUghtinGbox for pole infront mf1O199/lD223PradaVista Drive,
City forces to install streetlight pole and conductors
-
[itytoeuppiytypelSstandardanchorbo|ts
QUOTE:
1. Provide and install all labor and equipment to complete the electrical scope of work referenced
above.
EXCLUSIONS:
- Streetlight Poles
- Lighting Fixtures
- Wire
- Anchor bolts
- Bonds, Licenses, and Permits
L ACCEPTANCE
8B(also referred toasBear Electrical Solutions v/Contractor) proposal / contract shall accompany the [ustome/s
Purchase Order, Work Order o'Contract inorder mvalidate the bid proposal. |tisunderstood that the issuance ofa
BEAR ELECTRICAL S0LO7IONS,INC
Electrical Contractors - Contractors' License No. 982O79
Contractors License No. 902879
A—Gcomml Engineering
C4AHigh Voltage Electrical
LBUI#CMDl2l6I677gYSBE#I75247R
1341Archer Street, fmBox 924,41viso,CA95002-0924
Tel.408-449-5 178 Fax 408-449-5147
work order, purchase order, contract, verbal direction mrother written request for delivery nrcommencement nfwork
by the customer indicates the Customer's acceptance of this proposal / contract in whole.
2. BILLING TERMS
Payment for services rendered |sdue mfull upon receipt ofm,oice.mwoiosshaUhepayableinfuKOb|igatiunof
Customer to pay BES is independent from and unrelated to other, obligations owed between Custorner arid BES and /or
Customer and any other party. This proposal is based on rates in effect at the date of our initial proposal and is subject
to any increase that my come into effect 30 days or more after the initial date quoted.
3. EXTRA WORK
BES will not perform any extra work or modifications outside of this proposal unless agreed to in writing by change order
mthis proposal/contract orwritten approval.
4. xOEkAr|0xB:
8Bshall be held harmless for fines, citations, injuries arid property damage that results from our electrical work being
altered frorn its original design.
5. /wo8ww/pICAnDN:
The customer agrees to fully indemnify and hold harmless BBfrorn all claims, costs, actions, damages, liabilities and
expense, including reasonable attomey's fees, which mnvhebrought ormade against eEJwhich many way arise out
of, orhvany reason of, the use or misuse of BES's equipment rented hereunder, excepting only such actions, claims,
costs, damages, liabilities and expenses resulting from the sole negligence of BES. The intent hereof is that Customer'
shall fully indemnify and hold harmless BES to the rnaximurn extent allowed by law,
6. GENERAL
This proposaf/contract (the 'Agreement") may be signed in two or more Counterparts, each of which shall be deemedan
original, but all ufwhich together shall constitute one and the same instrument, Ifany provision nfthis Agreement shall
be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or
eliminated tnthe minimum extent necessary sothat this Agreement s6aUotherwise remain mfull force and effect and
enforceable. The failure of either party to act in the event of a breach of this Agreement hvthe other shall not be
deemed awaiver of such breach orawaiver of future breaches, unless such waiver shall be}nwriting and signed bvthe
party against whom enforcement issought. This Agreement constitutes the entire agreement and understanding oythe
parties with respect mthe subject matter of this Agreement. Any amendment prmodification of this Agreement shall
beinwriting and executed bvaduly authorized representative ofthe parties.
BES would like to thank you for the opportunity to provide you with this proposal.
Please give us a call with any questions or concerns.
QUOTE PREPARED BY:
BfARBECTDkG4L SOLUTIONS, INC
Brent Paulson
_qbear--e�ecttJ4 con')
BEAR ELECTRICAL SOLUTIONS, INC
SIGNATURE
PRINTED NAME and DATE
I
TO: City of Cupertino
10555 Mary Ave.
Cupertino, CA 95014
WE ARE SENDING YOU:
E Attached r_1 Under separate cover via
Ej Shop drawings E] Prints
❑ Copy of letter n Change order
1341 ARCHER STREET
PO Box 924
Amso, CA 95002
(408) 449-5178 MAIN
1(800)GoBEAR I 24-HOUR DISPATCH
(408) 449-5147 FAX
www.BEAR-ELECTRICAL.COM
II DATE: 6/13/18 1 JOB: 18071079 �)
I ATTN: Brad Alexander
F1 Plans 0 Sarnples El Specifications
n
Copies
Date
No.
Description
1
—
6/13/18
1
Si -Ded Conti -act for Prado Vista Street Li ht Infrastructure Install
1
6/13/18
2
Signed Pet-t-ormance & Payment Bonds
1
6/13/18
3
C01 -- GL, Auto, Excess
1
6/13/18
1 4
Col - WC
THESE ARE TRANSMITTED
AS Cl [ECKED BELOW:
R For approval
❑ Approved as submitted
F-1 For your use
❑ Approved as noted
M As requested
❑ Returned for correction
Ej For review
EJ
El For bids due
El Resubmit n Copies for approval
n Submit n Copies for distribution
F1 Return El Corrected prints
Fl PRINTS RETURNED AFTER LOAN TO US
REMARKS:
If you should have any questions, please give us a call.
W=
Copy to:
Signed:
Office
PUBLIC WORKS CONSTI? UC77ON CONTRA CTS
SinallProjects - $45,000
Insurance Reauirements: Exhiljil B
Conti -actor shall procure and maintain for the duration of the contract, and jbt-,Iive')�ecit-,s-.fi)lloi,l,irig the completion (#'
the Prqjecl, insurance against claims for injuries to persons or damages to property which may arise froin or in
connection with the performance of the work hereunder by Contractor, its agents, representatives, employees or
subcontractors.
MINIMUM SCOPE AND LEVIrr OF INSURANCE
Coverage shall be at least as broad as:
t . Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an
C�
"occurrence" basis, written on a comprehensive general liabilityf6rin, and inust inchide coverage.1br liabilitv
arisingfi-ont Coniraelor's or Subcontractors acts or omissions, including Contractor's protected coverage,
caves
nket conproducts arid completed oprclvdeniployer's non -ownership liability
eragre, with limits of at least $2,000,000 per occurrence. The CGL polic must protect against any and all
liability./al-personal inlay, death, property damage or destruction, and personal and advertising injury. Tfa general
'1:1 aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG
2503 or 25 04) or the general aggregate limit shall be twice the required occurrence lit -nit.
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess
of the specified minimum insurance coverage requirements and/or limits shall be made available to the
Additional Insured and shall be (1) the minimum coverage/) intits specified in this agreement; or (2) the broader
coverage and maximurn limits of coverage of any insurance policy, whichever is greater.
Additional Insured coverage under Contractor's policy shall be "primary and non-contributory," will not seek
contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13
The limits of insurance required may be satisfied by a combination of primary and umbrella or excess
insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or
excess insurance shall contain or be endorsed to contain a provision that Such covet -age shall also apply on a
primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance
shall be called upon to protect City as a named insured.
2, Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, then
1 hired autos (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily
injury and property damage.
3. Workers' Compensation: As required by the State of California, with Statutory Limits, arid
Erriployer's Liability Insurance of no less than $1,000,000 per accident for bodily injury or disease, or as othet wise
required by statute. If Contractor is self -insured, Contractor must provide a Certificate of Permission to Self -Insure,
duly authorized by the DIR.
EJ N/A if box checked (Contractor provides written verification it has no employees).
4. Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
t-c
N/A ifbox checked (Contract is not desiolbuild).
Builder's Risk, Course of Construction insurance utilizing an "All Risk" (Special perils) coverage form, with
F
lirnits, equal to the completed value of the project arid no coinsurance penalty provisions.
AN/A if box checked (Pr(yject does not involve construction or to propert,Y).
Insurunce Requirementsfear Constructimi Cow)%Icts - 45, 000 Version: Nov 2017
6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors air([ Omissions with linuts
no less than S.1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
AN/A if box checked (Ilroject does not involve environniental &mtrds).
If'Contractor maintains broader coverage and/or higher limits than the MininIUMw S shown above, City requires arid
Z�
shall be entitled to the broader coverage arid/or higher limits maintained by the contractor. Any available insurance
C
proceeds in excess of the specified ininimurn lirnits of insurance and coverage shall be available to the City.
Selj-.hi.s-itredRetf-,titioti.v. Self -insured retentions must be declared to and approve([ by City. At City's option, either:
(1) Conti -actor shall cause the insurer to reduce or eliminate self -insured retentions as respects City, its officers,
officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City
guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy
language shall provide, or be endorsed to provide, that the self -insured retention rnay be satisfied by either the named
insured or the City.
OTHER INSURANCE PROVISIONS
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City o fCupertino, its City Council, officers, officials, employees, agents, servants and Volunteers are to be covered
as additional insureds on the CGL policy with respect to liability arising out of the Set -vices performed by or on behalf
of Contractor including materials, parts, or equipment furnished. Endorsement of CGL coverage shall be at least as
broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33,
or CG 20 38; and CG 20 37 if a later edition is used.
Printenji Coverage
For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and
at least as broad as ISO ' CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and shall
not seek contribution front City's insurance, If the limits of' insurance are satisfied in part by UmbrelialExcess
Insurance, the Urnbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall
also apply on a "primary and non-contributory" basis for the benefit of City.
Notice of Cancellation
Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each
certificate of insurance Must state that the coverage afforded by the policy is in force and will not be reduced, cancelled
or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums,
in which case ten days advance written notice inust be provided to City. Such notice must be sent to City via certified
mail and addressed to the attention of the City Manager.
Builder'v Ri.vk
Contractor may submit Builder's Risk insurance in the form of'Course of Construction coverage, which shall name
the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis,
for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance
penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting
in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property
Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing
buildings, structures, processes, machinery arid equipment, arid shall provide property damage coverage for any
building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the
Work, including during transit, installation, and testing at the City's site.
Msurmwe Requirements fbr Comiructim Coilfracts - $45, 000 Version: Mov 2017
Waiver oj'Subrogation
Each required policy triust include an endorsement providing that the carrier agrees to waive any right of subrogation
it may have against City. Contractor agrees to waive rights ofsubrogation 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.
V
Acceptability oj'Insitrers
Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California, and each
insurer must have an A.M. Best's financial strength rating of"A" or better and a financial size rating of "VII" or better.
Verijication 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.
,5uhcontractors
Conti -actor 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
CGI, coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Surety mortis
As required by Contract and described in the Contract Documents. The Payment and Performance Bonds shall be in a
sum equal to the Contract Price. If the Performance Bond provides for a one-year warranty a separate Maintenance
Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond
equal to 10% of the Contract Price is required. Bonds shall be duly executed by a responsible corporate surety,
authorized to issue such bonds in the State of California and secured through an authorized agent with an office in
California.
Special Risks or Circumstances
City reserves the right to modify these requirements, based on the nature of the risk, prior experience, insurer, coverage,
or other circumstances.
bisurance Requirentents.1br Consti-notion Contracts - $45,000
3
flet-sion., Nov 2017
ATE
DYY)ACORV CERTIFICATE OF LIABILITY INSURANCE 06/05/2018�
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(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, If 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 LIC #0056172 1-888-845-2248 CONTACT
NAME: _
McSherry & Hudson PHONE FAX ---- --- _._._..__.
rnir — 408-550-2130 � rere mm. 408-550-2119
160 West Santa Clara Street
Suite 715
San Jose, CA 95113
INSURED
Bear Electrical Solutions, Inc.
1341 Archer Street
Alviso, CA 95002
INSURERA: UNDERWRITERS AT LLOYDS LONDON 15792
INSURERS: WEST AMERI CAN INS CO 44393
INSURERC: NAVIGATORS SPECIALTY INS CO 36056
iwciPs=Pn. THE OHIO CASUALTY INS CO. 24074
C[)VFRAGFS CERTIFICATF Nt1MRFR• 53001211 RFVISI0N NIIMRFR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
ADDL
SUER
POLICY NUMBER
PLIINSR
MMIDDY
/YYYY
MMIDD/YYYY
LIMITS
A
GENERAL LIABILITY
X
1C
CAS-0000329-01 V
04/01/1
04/01/19
EACH OCCURRENCE
$ 1,000,000 'v,
..__...-
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO ENTED
PREMISES Ea occurrence
i_._.__ A__..
__------..._._...-----------------
$ 100 , 000
- --
CLAIMS -MADE OCCUR
MED EXP (Any one person)
_......._-..... -
$ 5 , 000
PERSONAL & ADV INJURY
$ 1 , 000 , 000
X Per Project Aggregate
GENERAL AGGREGATE
$2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS COMP/OP AGG
$ 2, 000, 000
POLICY X PRO- LOC
JECT
$
B
AUTOMOBILE
LIABILITY
X
X
RAW57113287 ➢V'
04/01/1
04/01/19
COMBINED SINGLE LIMIT
Ea accident)
� 1 { 000 ,.000
BODILY INJURY (Per person)
$
X
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
$
X
NON -OWNED
n
PROPERTY DAMAGE
$
HIRED AUTOS AUTOS
Per accident)._-.-____.
C
UMBRELLA LI
X
OCCUR
LA18EXC9007851C
04/01/1
04/01/19
EACH OCCURRENCE
$ 5, 000, 000 ,
X
EXCESS LIAB
CLAIMS -MADE
AGGREGATE
$ 5,000,000
DED RETENTION $
$
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y / N1�
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? Y
❑
N / A
__..._._._.._ _
E.L. DISEASE - EA EMPLOYE
_..__.....-_-...._...-_._
$
(Mandatory in NH)
If yes, describe under_
........................_._......_ ___,
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$
D
Rented/LeasedEquipment
La au t
D
Scheduled Equipment
EM057113287
04/01/1 'll
04/01/19
Limit 357,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
RE: Prado Vista Street Light Infrastructure Installation
Additional Insured: The City of Cupertino, it's City Council, officers, officials, employees, agents, servants and
volunteers.
1-I(:A
City of Cupertino
10555 Mary Avenue
Cupertino, CA 95014
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
USA
ACORD 25 (2010/05)
sarahsj
53001211
@ 1988-2010 ACORD CORPORATION. All rights reserved,
The ACORD name and logo are registered marks of ACORD
POL|CYNUN1B
This endorsement modifies insurance provided under the following:
Name Of Additional Insured Person(s)
Any person or organization that is an owner of real
All locations except locations where "your work" is
property or personal property for whom you work
i
or was related to a job or project involving single-'
or have worked, or a contractor on whose behalf
family dwellings, multi -family dwellings (other than
you work or have worked, but only if coverage as'rental)
an additional insured extending to "bodily injury"
or "property damage" included in the "products -
completed operations hazard" is required by a
written contract or written agreement that is an
"insured contract" and provided that the "bodily
injury" or "property damage" first occurs
subsequent to the execution of the contract or
F—Information regkired t9complele this Schedule, if not shown above, will be shown in the Declarations .
A. Section O —VVho Is An Insured is amended to
include as an additional insured the peraon(u)or
orgmnizoUun(o)ahmwn in the Bohedu|e, but only
with respect to liability for "bodily injury" or
"property damage" caused, inwhole orinpart, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "prod uota-uomp|eted operations
hazard".
1. The insurance afforded to such additional
insured only applies to the extent permitted
bylaw; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded tosuch additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional inouneda, the following in added to
Section U|—Limniba Of Insurance:
If coverage provided to the additional insured is
required by m contract or agneement, the most we
will pay on behalf ofthe additional insured is the
amount ofinsurance:
1. Required bythe contract oragreement; or
2. Available under the mpp|imsb|a Limits of
Insurance shown inthe Declarations;
whichever ioless.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
CG 20 37 04 13 @|nsurance Services Office` Inc., 2012 Page 1 of
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - AUTOMATIC STATUS WHEN
REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
A. Section U—VVhm Is An Insured is amended to
include as an additional insured any person or
organization for whom you are performing
operations when you and such person or
organization have agreed in writing in o oon(naod or
agreement that such person or organization be
added as an additional insured on your policy.
Such person or organization is on additional
insured only with respect to liability for "bodily
injury". "property damage" or "personal and
advertising injury" caused, in whole or in part, by:
1. Your acts oromissions; or
3. The acts or omissions of those acting on your
behalf;
in the performance ufyour ongoing operations for
the additional insured.
However, the insurance afforded to such
additional insured:
i. Only applies to the extent permitted by law;
and
2. Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
A penson'a or organization's status as an
additional insured under this endorsement ends
when your operations for that additional insured
are completed.
B. With respect to the insurance afforded to theme
additional inauredm, the following additional
exclusions apply:
This insurance does not apply to:
1. "Bodily injury",
and advertising injury" arising out of the
rendering of, or the failure to render, any
professional architectural, engineering or
surveying services, including:
a. The pnepahnQ, apprpvng, or failing to
prepare or approve, mops, shop dnsvvingu,
opiniona, naporto, eurveya, field onjem,
change orders or drawings and
specifications; or
b. Supervisory, inepmotion, onuhib*dura| or
engineering activities.
This exclusion applies even if the claims against
any insured allege negligence orother wrongdoing
in the mupen/imion, hiring, emp|oymmnt, training or
monitoring of others by that insured, if the
"occurrence" which caused the "bodily injury" or
"property damnge", or the offense which caused
the "personal and advertising in]ury''. involved the
rendering of or the failure to render any
professional archiiectuna|, engineering or
surveying services.
CG 20 33 04 13 @ Insurance Services Office, Inc., 2012 Page I of 2
2. "Bodily injury" or"property damage" occurring
after:
m. All wmrb, including mahario|s, parts or
equipment furnished in connection with
such wmrk, on the project (other than
eewioe, maintenance or repairs) to be
performed by or on behalf ofthe additional
insured(s) at the location of the covered
operations has been completed; *r
b. That portion of"your work" out of which the
injury *rdamage arises has been put to its
intended use by any person or organization
other than another contractor or
subcontractor engaged in performing
operations for principal as w part ofthe
same project.
C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section U;— Limits Of Insurance:
The most we will pay on behalf ofthe additional
insured iathe amount mfinsurance:
1. Required by the contract or agreement you
have entered into with the additional insured;
or
2. Available under the applicable Limits of
Insurance shown inthe Dedanatione�
.
whichever imless.
This endorsement shall not increase the
applicable Limits of |nmunmnoa shown in the
Declarations.
Page 2 of 2 @ Insurance Services Office, Inc., 2012 CG 20 33 04 13
This endorsement modifies insurance provided under the following:
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:
Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available
to an additional insured under your policy
provided that:
(i) The additional insured is Named Insured
Linder such other insurance; and
(2) You have agreed in writing in a contract or
CG 20 01 04 13 @ Insurance Services Office, Inc., 2012 Page I of I
POLICY NUMBER: 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifieainouranoeprnvidedunderthefoUmming:
I information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8.Transfer Of
Rights Of Recovery Against Others To Us of
SectioniV—Conditions:
VVewaive any right ofrecovery we may have against
the person ororganization shown in the Schedule
above because ofpayments we make for injury or
damage arising out of your ongoing operations or
"your work" done under contract with that person
or organization and included in the "products -
completed operations hazard". This waiver applies
only to the person or organization ahnvvn in the
Schedule above.
CG 24040509 @ Insurance Services Office, |nn,2OO8 Page Imf1 0
Policy Number: BAW571132871 - COMMERCIAL AUTO
CA 88 10 01 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT
This endorsement modifies insurance provided under the fallowing:
With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified
by the endorsement.
-• o
ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
ACCIDENTAL AIRBAG DEPLOYMENT
AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS
AMENDED FELLOW EMPLOYEE EXCLUSION
AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
BROAD FORM INSURED
BODILY INJURY REDEFINED
EMPLOYEES AS INSUREDS (including employee hired auto)
EXTENDED CANCELLATION CONDITION
EXTRA EXPENSE -BROADENED COVERAGE
GLASS REPAIR - WAIVER OF DEDUCTIBLE
HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use)
HIRED AUTO COVERAGE TERRITORY
LOAN / LEASE GAP
PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE)
PERSONAL EFFECTS COVERAGE
PHYSICAL DAMAGE - ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
RENTAL REIMBURSEMENT
SUPPLEMENTARY PAYMENTS
TOWING AND LABOR
TWO OR MORE DEDUCTIBLES
UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US
3
12
19
5
13
1
22
2
23
10
15
6
20
14
16
11
8
9
4
7
17
18
20
SECTION II - LIABILITY COVERAGE, paragraph A.1. - WHO IS AN INSURED is amended to include
the following as an insured:
d. Any legally incorporated entity of which you own more than 50 percent of the voting stock
during the policy period. However, "insured" does not include any organization that:
(1) Is a partnership or joint venture; or
(2) Is an insured under any other automobile policy; or
(3) Has exhausted its Limit of Insurance under any other automobile policy.
Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in
excess of this policy.
e. Any organization you newly acquire or form, other than a partnership or joint venture, of which
you own more than 50 percent of the voting stock. This automatic coverage is afforded only for
180 days from the date of acquisition or formation. However, coverage under this provision
does not apply:
(1) If there is similar insurance or a self -insured retention plan available to that organization;
2013 Liberty Mutual Insurance
CA 88 10 01 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7
Policy Number: OA\A/S7113387
(2) If the Limits of Insurance of any other insurance policy have been exhausted; or
(3) To "bodily injury" or "property damage" that uoournad before you acquired or formed the
organization.
2. EMPLOYEES ASINSUREDS
SECTION || - LIABILITY COVERAGE, paragraph A.1. ~VVHO IS AN INSURED is amended to include
the following aaoninsured:
t Any "employee" of yours vvhi|a using 000venad "auto" you do not own' hire or borrow, but
only for acts within the scope of their employment by you. Insurance provided by this endorse-
ment is excess over any other insurance available to any "employee".
g. An "employee" of yours vvhi|a operating an "auto" hired or borrowed under evvh#an uuntroo(
or agreement in that "employee's" name, with your permieaion, vvhi|a performing duties re-
lated to the conduct of your business and within the scope of their employment. Insurance
provided by this endorsement is excess over any other insurance available to the "employee".
3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT
SECTION // - LIABILITY COVERAGE, paragraph /\.1. -VVHO IS AN INSURED is amended to include
the following as an insured:
h. Any person or organization with respect to the uperahon, maintenance or use cfocovered
� auto", provided that you and such person or organization have agreed in o written cmnhout,
mgnamment, or permit issued to you by governmental or public muthority, to add such person, or
---- organization, or governmental or public authority to this policy as on "insured".
Hovvuver, such parson or organization is an "insured":
(1) Only with respect to the operaUon, maintenance or use ofacovered "auho^;
(2) Only for "bodily injury" or "property damage" caused by an ^aocident" which takes
� place after you executed the written contract or agreement, or the permit has been
issued to you; and
(3) Only for the duration of that nontraot, agreement or permit
4. SUPPLEMENTARY PAYMENTS
SECTION || - LIABILITY CDVEF0\BE, Coverage Ex(onmiona, 2.a. Supplementary Payments, para-
graphs (2) and (4) are replaced by the following:
(2) Up to $3.000 for cost of bail bonds (including bonds for rm|mhad traffic violations ) required
because of an "aooident" we cover. We do not have to furnish these bonds.
(4) All reasonable expenses incurred by the insured at our nequeat, including ootum| }oea ofemrn-
inge up to $500aday because of time off from work.
5. AMENDED FELLOW EMPLOYEE EXCLUSION
x In those jurisdictions where, by |aw, fellow employees are not entitled to the protection mffbn1ed to
� the employer by the workers compensation exclusivity m|e, or similar protection, the following
provision is added:
SECTION || - LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury"
� results from the use ofacovered "auto" you own or hire.
SECTION U1 ~PHYS|CAL DAMAGE COVERAGE is amended as follows:
6. HIRED AUTO PHYSICAL DAMAGE
Paragraph A.4. Coverage Extensions of SECTION ||| - PHYSICAL DAMAGE COVERAGE, is amended
by adding the following:
If hired "autos" are covered "autos" for Liability Cuvenoge, and if Comprehensive, Specified
Causes ofLoss or Collision coverage are provided under the Business Auto Coverage Form for any
"auto" you own, then the Physical Damage coverages provided are extended to "autos":
a. You hire, rent or borrow; or
*p 2D13Liberty Mutual |neumnow
CA88 10 01 13 Includes copyrighted material nfInsurance Services Office, |no,with its permission. Page 2cf7
Policy Number: BAVVS7Il3287
h. Your "employee" hires or rents under awrittan contract or agreement in that "employee's"
name, but only if the damage occurs while the vehicle is being used in the conduct of your
bueineaa,
subject tmthe following limit and deductible:
A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of:
(1) $50.000; or
(2) The actual cosh value of the damaged or stolen property aoofthe time of the "loss"; or
(3) The cost of repairing or replacing the damaged or stolen property with other property of
like kind and quality, minus mdedudib|e.
B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that
coverage.
C. Subject to the limit, deductible and exoaea provisions described in this pvoviaiun, we will
provide coverage equal to the broadest coverage applicable to any covered "auto" you own,
D. Subject to m maximum of$1.00U per "accident", we will also cover the actual |oae ofuse ofthe
hired "auto" if it npsuKa from an "accident", you are legally liable and the |oonor incurs an
actual financial loss.
E. This coverage exb*nokm does not apply to:
(i) Any "auto" that is hired, rented or borrowed with adhver; or
(2) Any "auto" that is hired, rented or borrowed from your "employee".
For the purposes ufthis provision, SECTION V-DEFINITIONS iaamended byadding the following:
"Total loss" means a''|osa" in which the ooai of repairs plus the salvage value exceeds the actual
cash value.
7. T(3VV|0G AND LABOR
SECTION U| - PHYSICAL DAMAGE COVERAGE, paragraph A^2. Towing, is amended by the addition
of the following:
We will pay bowing and labor coats inourred, up to the limits shown below. each time ecovered
"auto" classified and rated as e private passenger type. "light truck or "medium truck" is dis-
abled:
a. For private passenger type vehidea, we will pay up to $50per disablement.
b. For "light Uooko"' we will pay up to $5Oper disablement. ''Light bnoko" are trucks that have a
gross vehicle weight ({3VVV)of10.00Opounds or less.
c. For "medium trucks" .vve will pay up to $i5Oper disablement. "Medium trucks" are trucks that
have agross vehicle weight (8VVV)of1O.001 -2O.OUOpounds.
However, the labor must be performed at the place of disablement.
�
� 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE
PonsAnoph /4.4.m.' Coverage Extension of SECTION ||| - PHYSICAL DAMAGE COVERA8E, is amend-
ed to provide a|imit of$5Oper day and mmaximum limit of$1.5O0
0 013Uberty Mutual Insurance
Policy Number: 8AVVS71l3287
SECTION III ' PHYSICAL DAMAGE COVERAGE, 4.COVERAGE, imamended by adding the following:
a. We will pay up to $75per day for rental reimbursement expenses incurred by you for the n*nto|
of an ^ouhz" because of "accident" or ~(ooa", to an "auto" for which we also pay a "loss"
under Comprehensive, Specified Causes of Loma or Collision Coverages. We will pay only for
those expenses incurred after the first 24 hours following the "accident" or ^|oaa" to the
covered "auto."
b. Rental Reimbursement will be based on the rental of m comparable vehicle, which in many
cases may be substantially |emo than $75 per day, and will only be allowed for the period of
time it should take to repair or replace the vehicle with reasonable speed and similar qumUh/, up
to omaximum of 30daya.
c. We will also pay up to $500for reasonable and necessary expenses incurred by you to remove
and replace your tools and equipment from the covered "auto".
�1iftLE d. This coverage does not apply un|mea you have a business necessity that other "autos" avail-
able for your use and operation oennm( DU.
e. If "loss" results from the (obe| theft ofacovered ''euho^ of the private passenger iype, we will
pay under this coverage only that amount of your rental reimbursement expenses which is not
T already provided under Paragraph 4.Covermge Extension.
� t No deductible applies to this coverage.
---- For the purposes of this endorsement proviaion, materials and equipment do not include "personal
effects" as defined in provision 11.
10. EXTRA EXPENSE - BROADENED COVERAGE
Under SECTION |(| -PHYS|CAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of
� returning aeto/en covered "auto" to you. The maximum amount we will pay is $1.000.
11. PERSONAL EFFECTS COVERAGE
A. SECTION U| - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the
hollowing:
If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that
"auto" is stolen, we will pay, without application of e deduudbky, up to $600 for "personal
effects" stolen with the "auto,"
The insurance provided under this provision is excess over any other ooUeodNe insurance.
B. SECTION V-DEFINITIONS iaamended byadding the following:
For the purposes of this provision, "personal effects" mean tangible property that is worn or
carried by an insured." "Personal effects" dome not include tools, equipment, ]ewm|ry, money
or securities.
�
12. ACCIDENTAL AIRBAG DEPLOYMENT
�
SECTION ||/ -PHYS|CAL DAMAGE CUVERAGE.B. EXCLUSIONS is amended by adding the follow-
ing:
: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for
^|oam" relating to mechanical breakdown does not apply to the accidental discharge of an airbag.
Any insurance we provide shall be excess over any other collectible insurance or reimbursement by
manufacturer's warranty. However' we agree to pay any deductible applicable to the other cov-
erage or warranty.
13, AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE
SECTION ||I - PHYSICAL DAMAGE COVERA(3E, B. EXCLUS|ONS, exception paragraph o. to exclu-
sions
0 2013Libarty Mutual Insurance
CA88 10 01 13 Includes copyrighted material nfInsurance Services Office, |no..with its permission, Page 4mf7
Policy Number: BAWS7113287
Exclusion 4`c. end4.d. do not apply to:
a. Electronic equipment that receives or transmits audio, visual or data eignm|e, whether or not
designed solely for the reproduction of sound, if the equipment is permanently installed in the
covered "auto" at the time of the ^|moe" and such equipment is designed to he solely operated
by use of the power from the "auim'a" electrical ayatem, in or upon the covered "auto" and
physical damage coverages are provided for the covered "auto"; or
U the "loss" occurs eo|m|y to audio, visual or data electronic equipment or accessories used with
this equipment then our obligation to pay for, nopair, return or replace damaged or stolen property
will be reduced byo$1OOdeductible.
14. LOAN / LEASE GAP COVERAGE
A. Paragraph C.' LIMIT OF INSURANCE of SECTION ||| - PHYSICAL DAMAGE COVERAGE is
amended by adding the following:
The most we will pay for a"totm| loss" to mcmvened "auto" owned by or leased to you in any
one "accident" is the greater of the:
1. Balance due under the b+nne of the loan or /mam* to which the damaged covered "auto" is
subject atthe time ofthe ^|uem" less the amount of:
a. Uwynduo payments and financial penalties associated with those payments auofthe
dmha of the "|oao'",
b. Financial penalties imposed under a|maeo due to high mileage, excessive use or ab-
normal wear and tear,
u. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease,
d. Transfer or rollover he|anoem from previous loans or leases,
e. Final payment due under a"BaUuon Loan",
[ The dollar amount of any unrepaired damage which occurred prior to the "total loss"
ofecovered "auto",
g. Security deposits not refunded bymlessor,
h. All refunds payable or paid to you as o result of the early termination of o lease
agreement or as naau|t of the early termination of any warranty or extended service
agreement on ucovmned ''auto''.
I. Any amount representing taxes,
i. Loon orlease termination fees; or
2. The actual cash value ofthe damage or stolen property eoofthe time ofthe "|oee".
An adjustment for depreciation and physical condition will be made in determining the actual
cash value at the time of the "loss". This adjustment is not applicable in Texas.
B. ADDITIONAL CONDITIONS
This coverage applies only to the original loan for which the covered "outo" that incurred the
|oea serves as collateral, or lease written on the covered "auto" that incurred the loss.
C. SECTION V-DEF|NT|ONSiechanged byadding the following:
As used in this endorsement provioion, the following definitions apply:
"Total |nam" means m "|owa" in which the cost of repairs plus the ae|vmgm value exceeds the
actual cash value.
A"bmUoon loan" imone with periodic payments that are insufficient to repay the balance over
the term of the loan, thereby requiring a|arga final payment.
0 2013Liberty Mutual Insurance
Policy Number: BAWS7113287
15. GLASS REPA|R-VVAPVEROFOEDUCTBLE
Paragraph O. Deductible of SECTION ||| ' PHYSICAL DAMAGE COVERAGE is amended by the
addition of the following:
No deductible applies to glass damage if the glass is repaired rather than replaced.
16. PARKED AUTO COLLISION COVERAGE (WAIVER C]FDEDUCTIBLE)
Paragraph D. Deductible of SECTION ||| - PHYSICAL DAMAGE COVERAGE is amended by the
addition ofthe following:
The deductible does not apply to "loss" caused by collision to such covered ^eu{o^ of the private
passenger h/pm or light weight truck with agroao vehicle weight of 10.000 |bs. or |eee as defined by
the manufacturer as maximum loaded weight the "auto" is designed to carry while it is:
a. In the charge of an "insured";
b. Legally parked; and
c. Unoccupied.
s The "loss" must be reported to the police authorities within 24houre of known damage.
The total amount of the damage to the covered "auto" must exceed the deductible shown in the
DwdexmtiVne.
� This provision does not apply to any "|000" if the covered "auto" is in the charge of any person or
� organization engaged inthe automobile business.
17. TVVBLE�
Under SECTION (|| PHYSICAL DAMAGE COVERAGE, iftwo or more company policies or coverage
forms apply to the same accident, the following applies to paragraph O.OaduoUb|e:
a. If the applicable Business Auto deductible is the smaller (or omo||oat) deductible it will be
waived; or
b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be
reduced by the amount of the smaller (or smallest) deductible; or
c. If the |ooa involves two or more Business Auto coverage hmnna or policies the smaller (or
smallest) deductible will be waived.
For the purpose of this endorsement company means any company that is pert of the Liberty
Mutual Group.
SECTION |\/ ~BUS|NESS AUTO CONDITIONS is amended as follows:
18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
SECTION |V- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following:
If you unintentionally fail to disclose any hmzmrde, exposures or material facts existing oaofthe
inception doka or renewal doha of the Business Auto Coverage Fnnn, the coverage afforded by this
� policy will not be prejudiced.
� Hovvever, you must report the undisclosed hazard of exposure as soon as practicable after its
diacuvery, and we have the right to collect additional premium for any such hazard or exposure.
19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SU|T, OR LOSS
z
SECTION |V - BUSINESS AUTO CONDITIONS, paragraph A.2.a. is vap|ooed in its entirety by the
following:
a. In the event of "accident", o|oim. "suit" or "|oma", you must promptly notify us when it is
known to:
1. You, if you are an individual;
2. Apartner, if you are apartnership;
3. Member, if you are olimited liability company;
4. An executive officer or the "employee" designated by the Named Insured to give such
notice, if you are a corporation.
m» 2O13Liberty Mutual Insurance
Policy NuolbmnBAWS71132B7
To the extent puaeble, notice to us should include:
(1) How, when and where the ^umddenf or "loss" took place;
(2) The "insureds" name and address; and
(3) The names and addresses of any injured persons and witnesses.
****20. WAIVER OFTRANSFER [)FRIGHTS OF RECOVERY AGAINST OTHERS TOUS
SECTION |V - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery
Against Others to Uo, is amended by the addition of the following:
If the person or organization has waived those rights before an "accident" or "|ooa", our rights are
waived also.
21. HIRED AUTO COVERAGE TERRITORY
SECTION |V-BUSINESS AUTO CONDITIONS, paragraph B.7,Po|icy Pehod, Coverage TmrriUory, is
amended by the addition of the following:
t For "autos" hired 38duya or hse, the coverage territory is anywhere in the wmdd, provided that
the inauned'e responsibility to pay for damages in determined in o"auit". on the mehto, in the
United Stabae, the hanihohoa and possessions of the United States of America, Puerto Rico or
Canada or in aeehUement we agree to.
This extension of coverage does not apply to an "auto" hired, |ooamd, rented or borrowed with
mdriver.
SECTOWV-DEFlNKKDNS is amended msfollows:
22. BODILY INJURY REDEFINED
Under SECTION V'DEF|NT0NS. definition C.is replaced by the following:
"Bodily injury" means physical in/ury, sickness or disease sustained by operwon. including mental
mnguieh, mental irjury, mhouk, fright or death resulting from any of these at any time.
COA8K0R8ON POLICY CONDITIONS
23. EXTENDED CANCELLATION CONDITION
COMMON POLICY CONDITIONS, paragraph A. -CANCELLAT|DN condition applies except oefo|-
|owa:
If we msnoa| for any reason other than nonpayment of premium, we will mail to the first Named
Insured written notice of cancellation at least 60deya before the effective date of cancellation. This
provision does not apply in those states which require more than 80daye prior notice ofcanoe||m-
0 2013 Liberty Mutual Insurance
CAOQ 100i 13 Includes copyrighted material ofInsurance Services Office, ino..with its permission. Page 7uf7
maze .. � I
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/D6/6/2018
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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGRATION IS WAIVED,
subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does
not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER Willis Towers Watson
CONTACT NAME: San Jose
12980 Metcalf Ave Suite 500
PHONE (A/C, No Ext): (408) 321-9901 FAX (A/C, NO): (360) 828-0699
Overland Park KS 66213
EMAIL ADDRESS: Jerry.Sparks@bbsihq.com
INSURER(S) AFFORDING COVERAGE NAIC #
INSURER A: ACE American Insurance Company 22667
INSURED
INSURER B:
Barrett Business Services, Inc. L/C/F
INSURER C:
BEAR ELECTRICAL SOLUTIONS, INC.
INSURER D:
1341 ARCHER STREET
INSURER E:
SAN JOSE, CA 95131
INSURER F:
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE
ISSUES OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS
OF
SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE
OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
POLICY EXP
LIMITS
LTR
INSR
WVD
(MMIDD/YYYY)
(MM/DD/YYYY)
GENERAL
LIABILITY
EACH OCCURRENCE
$
COMMERCIAL IALGEN GENERAL LIABILITY
CLAIMS -MADE OCCUR
DAMAGE TO RENTED PREMISES (Ea
$occurence)
MED EXP (Any one person)
$
p ._.�,-.,...... .. ,
-°°
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE
$
GEN'L
AGGREGATE LIMIT APPLIES PER;
PRODUCTS - COMP/OP AGG
$
��_
-
� POLIOY PROJLOG
$
ECT
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
._.,.,..'
ALL OWNED AUTOS SCHEDULED AUTOS
BODILY INJURY (Per accident)
$
HIRED AUTOS NON -OWNED AUTOS
PROPERTY DAMAGE
$
$
UMBRELLA LIAB OCCUR
EACH OCCURRENCE
$
EXCESS LIAB '""''JOCCUR
AGGREGATE
$
DED RETENTION $
$
A
WORKERS COMPENSATION AND EMPLOYERS'
RWC
02/01/18
02/01/20197
WC STATU-
OTH-
LIABILITY Y/N
C65176920
r/
TORY LIMITS
ER
ANY PROPRIETOR/PARTNER/ EXECUTIVE Y
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH) If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
Covered states:
CA
E.L. EACH ACCIDENT
$2,000,000 G "
�.__._...e
E.L. DISEASE - EA EMPLOYEE
$2,000,000
E.L. DISEASE - POLICY LIMIT
$2,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Cupertino
EXPIRATION DATA THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE
POLICY PROVISIONS.
WITH THE
10555 Mary Ave
AUTHORIZED REPRESENTATIVE
Cupertino Ca 95014
Authorized
Rep
c) 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD.
AGENCY CUSTOMER ID:
LOC: #:
A A-%' r% 0 -w- a A-41 IL a A I 9-%N-m A A r%olro% 0% 10%N IN-W%m oil r-
r%C;1V11Ar%r%Q QV6011171ir-LIFUL-r- Page 2 of 2
AGENCY NAMED INSURED:
Barrett Business Services, Inc. L/C/F
Lockton Affinity BEAR ELECTRICAL SOLUTIONS, INC.
POLICY NUMBER 1341 ARCHER STREET
SAN JOSE, CA 95131
RWC C65176920
CARRIER NAIC CODE
ACE American Insurance Company 22667 EFFECTIVE DATE: 02/01/18
ADDITIONAL REMARKS
ACORD 101 (2008/01) c) 1988-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD.
mmmmrs"co
aARnsrrBUSINESS SERVICES, INC. uo/F
BEAR ELECTRICAL SOLUTIONS, INC.
x1onwePARKWAY DRIVE, STE.oVOvANCOUVERvVAooss2
02-01-2018TO 02-01-2019
Issued By (Name of Insurance Company)
ACE |CANINSURANCE
Insert the policy number. The remainder of the information is Fo 'be
onanut
Endorsement Number
Policy Number
Effective Date of Enclor
02-01-2018
when this endorsement is issued subsequent to the preparation of the
This endorsement applies only to the insurance provided by the policy because California is shown in |(am 3.A` of
the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person ororganization named inthe Schedule, but this waiver applies only with respect
b»bodily injury ahaingoutoftheopmrotionedesohbodintheSchedu|e,whenayoumrerequiredbyavvhttenoontnaot
to obtain this waiver from us.
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the
work described in the Schedule.
10051171-TIM M
1. ( \Specific Waiver
Name of person or organization:
( x\ Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract bzfurnish this
ALL CALIFORNIA OPERATIONS
3. Premium:
The premium charge for this endorsement shall be 2,0 percent ofthe California premium developed
on payroll in connection with work performed for the above person(s) or organization(s) arising out of the
operations described.
4. Minimum Premium: $0
Authorized Agent
Bond No. 0728210
Premium: $604.00
TI1
AIA DocumentA312 -2010
rolfrOMMITA-1m,
CONTRACTOR:
(Nance, legal status crn(l adrbv,ss)
Bear Electrical SOILItiOnS, Inc
1341 Archer Street
Alviso CA 95002
SURETY:
(Name, legal stratus caul principal place
of bitshiess)
International Fidelity Insurance
Company
O NT 1,
OWNER: tie ewa, —
et
(Nance, legal status an(I 041(lrevs) Newark NJ 07102
City of Cupertino
10555 Mary Ave., Cupertino CA 95014
CONSTRUCTION CONTRACT
Date: June 4, 2018
Amount: s 26,500. 00
Description:Prado Vista Street I-Jght Infrastructure Installation
(Name and location)
BOND
Date: June 8, 2018
(Mot earlier than Consimction Conti -act Date)
Amount: $26,500.00
Modifications to this Bond: X None See Section 16
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion The author may also
have revised the text of the original
AIA standard form, An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviewed A
vertical line In the left margin of this
document indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text.
This document has important legal
consequences Consultation with an
attorney is encouraged with respect
to its completion or modification
Any singular reference to Contractor,
Surety, Owner or other party shall be
consdered plural where applicable
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (c prnzate seal)
Bear Electrical Solutions, Inc. International Fi ranee Company
Ii
Signature:
iqirrie and Name and
"title:jq PT;4�L/AJOC)pq Title:
(Arry adItiol ig,Vincent M. Scolari, Attorney -In -Fact
, tel��Xrresoqgjoeoj� on the last page of this Performance Bond)
(TOR INFORA1A 710N ONL)'-- Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineev or, other paqp)
McSherry & Hudson
160 W. Santa Clara Street, Suite 715
San lose CA 95113
408-550-2130
AIA Document A312 I - 2010 Perfonnanre Solid. The American Institute of Architects, At I rig Ills reserved, WAR NI NG: 'rhis MA' Documentisprotoctodby
Init. U'S CoppigM I.RVI wwd 4itervlw�onat 'rpea�;e& Unauthorized reproduction oo &Wfi.�Wion of tids AM Docmy*nt or any giodkin of 11, nmy remM in
sevpre civiG wW cdrAnM penafties and will be paewcuted to the, unwrimum extent possible uyidea Die baw. This documentwas produced by AIA software at
13.33:48 on 03/03/2011 under Order No.97667517861 which expires on 12/21/2011. and is not for resale
User Notes: (1330464353)
§ 1 I'lie Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators.
successors find assigns to tire Owner for file performance of the Construction Contract, which is incorporated herein by
reference.
§ 2 Ifthe Contractor performs file Contiti'LlCtiOn Contract, the Surety and the Contractor shall have no obligation under
this Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under tire Construction Contract, the Surety's obligation under this Bond shall arise
after
A the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
,if Contractor Dethult. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the ( I ontractor*s performance. Ifthe Owner does not
request a conference, the Surety may, within five (5) business days after receipt ofthe Owner's notice,
request such a conference. Ifthe Surety timely requests a conference. the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested tinder this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. Ifthe Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall riot waive the Owner's right, ifany, subsequently to declare a Contractor
Default;
1 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with tire terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract,
§ 4 railLIYC on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Conoactol, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform arid complete the Construction Contract itself, through its agents or independent
contractors:
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner lot- a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued of) the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Conti -act Price incurred by the Owner as
a result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, of obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 Ifthe Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deerned to
be in default oil this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any
reined), available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in part, without l'urther notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A31210 — 2010 Performance Bond. The American Institute of Architects. AJI rights reserved. Wmui4uqf,;� MtsAtk
Inn. Lf,S Copy6qht Law and inteniaUonal fro gIes, Unardliodzed reprodmfion or drstdbuficm of this Afk ov any portion of ij, p�ay 4�
severe cMIJ and MniimM pecaMes, emd MH be prosemged tc, the maximugn exte 14 possWie undw V* fzv This docurneniwas produced by ALA software at
13,33 48 on 0310312011 under Order No 97667517861 which expires on 12/2112011, and is not for resale
User Notes: ('1330464353)
§ 7 1 f tile Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibi I itics ofthe Surety to the Owner shall not
be greater than those ofthe Contractor under the Construction Contract, and the responsibilities ofthe Owner to tire
Surety shall not be greater than those ofthe Owner under the Construction Contract. Subject to the commitment by the
Owner to pay the Balance ofthe Contract price, the Surety is obligated, without duplication, lor
A the responsibilities ofthe Contractor for correction ofriefective work and completion ofthe
Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default. and
resulting front the actions or failure to act ofthe Surety, under Section 5; and
.3 liquidated damages, or ifno liquidated damages are specified ill the Construction Contract, actual
damages caused by delayed performance or non-performance ofthe Contractor.
8 If the Surcly elects to act under Section 5,11, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond,
§ 9 The Surety shall not be liable to the Owner or others for obligations of' the Contractor that are Unrelated to tile
Construction Contract, and the Balance ofthe Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue or) this Bond to any person or entity other than the Olfflner of its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of arty change, including changes of time, to the Construction Contract or, to
related Subcontracts, purchase orders and other obligations,
§ 11 Any proceeding, legal of- equitable, Linder this Bond may be instituted in any court ofcompetentjurisdiction in
the location in which the Work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor, ceased working or within two years after the Surety
refuses of fails to perform its obligations under this Bond, whichever occurs first. Ifthe provisions of this Paragraph
are void or prohibited by law, the minirrurn period of limitation available to sureties as a defense in theJurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, tire Owner or the Contractor shall be mailed or delivered to the address shown oil the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in tire location where
the construction was to be pet -formed, any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond,
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled, reduced by all valid and proper Payments made to or out behalf ofthe Contractor under the Construction
Contract.
§ 14.2 Construction Contract, I he agreernent between the Owner and Contractor identified oil the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 143 Contractor Default. Failure of tile Contractor, which has not been remedied of waived, to perform of otherwise
to comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with tire other material terms of tile
( I onstruction Contract,
§ 14,5 Contract Documents. All the dOCUIllents that comprise tire agreement between the Owner and Contractor
AIA Docu nient A3121" - 2010 Performan ce Bond. The American Institute of Architects. At I rights reserved. WAR M NG. WsAM Ducwnentkprotoctawby
snit.0 S Copyidght Law and Mte0r8atiom0 Tmafies Unak0o8geed of dMdbufion of fifis AIA Uocutneua, Or MY Y)OAKM Of it, MaY MMAh�
severe civlR wO cdmkal penaffleS, MKI WWI be PR7SMcOd tax Me rnaximuin OXtWt [30SSUE Under the low This docurnent was produced byA1A software at
13:33:48 on 0300312011 under Order No.97667517861 which expires on 1MV2011 1, and is not for resale,
User Notes: (1330464353)
§ 15 1 f this Bond is issued for art agreement between a Contractor and subconti act of-, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 16 Modifications to this bond are as follows:
(SI)ace is pi,ovidiod beloujb)r additional signanwes oj'adder/ pai°tics, other, than those al)peoi-ing on the cover pqge)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Coq?w-ate Seal) Company: 4.'0q.?ot-ate Sera!)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AJA Document A31210 - 2010 Perforniance Bond, The American Insfitute of Architects. Ali rights reserved. WARN QV;' MzAA DocumonHspolectudBay,
Init. LJ.S Copyrighi Q aw and h4ernafioiW Dvafies UnauthorVzed repmduction w cHstribufion of this AM Vocumerd, 0tiny tMution of R, rnay nmWt In
se are civH aW mirninak penai0es, and vMl be prosecuted to the uiaxhyrum extent posMWe under Om rjvW, This document was produced by AIA software at
13 33:48 on 03/03/2011 under Order No. 9766751786 1 which expires on 12J211201 1, and is not for resale
User Notes: (1330464353)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On June 8, 2018 before me,
Date
Vincent M. Scolari
P. K. Simicich, Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my Th and o ial seal.
Signature—
Signa'ture of Notary Public
Place Notary Seal Above
, OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
elm=0 t * 1=0 F.1 i FM 177*11-9TOMY I 1=1 I
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signeqs)
Signer's Name:
Ei Corporate Officer — Title(s):
El Partner — 0 Limited El General
El Individual 0 Attorney in Fact
El Trustee El Guardian or Conservator
El Other:
Signer Is Representing: — - — ----------
Signer's Name: — -----
0 Corporate Officer — Title(s):
El Partner — El Limited El General
El Individual 0 Attorney in Fact
0 Trustee El Guardian or Conservator
0 Other:
@2014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907
r1;!j1'�Il'j1l :ij] rl 111111- 171 117111; 7� 1
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On June 13, 2018 before me, Sandra Hernandez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Robert Asuncion
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
DRA �VAI �HERNA�NDEZ
tary Pub ic . Calito ia
I�!o n
SANDRA VANESSA HERNANDEZ WITNESS my hand and official seal.
Santa Clara County
Notary Public - California
M"akLZ
Commission # 2164358 1' Signatu�E'r
M Comm, Ex res So 9. 2020
j SignaturVof Notary Pl�flc—)
Place Notary Seal Above
— OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El Corporate Officer — Title(s):
EI Partner — El Limited 0 General
El Individual 0 Attorney in Fact
El Trustee 0 Guardian or Conservator
El Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
El Corporate Officer — Title(s):
El Partner — 0 Limited El General
• Individual El Attorney in Fact
• Trustee ] Guardian or Conservator
El Other:
Signer Is Representing:
X e KM- r- MPUMXx, ,cr rz ��"wz a W_W�XKM
02016 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907
Bond No. 0728210
Premium: included in Performance Bond
Document A312'm - 2010
CONTRACTOR:
(Name, legal status and atithess)
Bear Electrical Solutions, Inc.
1341 Archer Street
Alviso CA 95002
SURETY:
(Nance, legal siours and principal place
qf lifisiness)
International Fidelity Insurance
Company
C'N XT —1, Center
OWNER: 1— —
(Name, legal status aiitl adili-ess) Newark NJ 07102
City of Cupertino
10555 Mary Ave., Cupertino CA 95014
CONSTRUCTION CONTRACT
Datejune 4, 2018
Amount: $26,500.00
Description:Prado Vista Street L,ight Infrastructure Installation
(Nance and hx,-afion)
BOND
Date: June 8, 2018
(Nat eailiei° than Constrieciion Contract Dale)
Arnount: $26,500.00
Modifications to this Bond: None See Section 18
ADDITIONS AND DELETIONS:
The author of this document has
added information needed for its
completion The author may also
have revised the text of the original
AIA standard form. An Additions and
Deletions Report that notes added
information as well as revisions to the
standard form text is available from
the author and should be reviewed A
vertical line in the left margin of this
document Indicates where the author
has added necessary information
and where the author has added to or
deleted from the original AIA text
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect
to its completion or modification
Any singular reference to Codirector,
Surety, Owner or other party shalt be
considered plural where applicable
CONTRACTOR AS PRINCIPAL SURETY
Colliparly: (Corporale Seal) CoInparty: (Coi7iorateSeal)
Bear Elekza.1 Solutions, Inc. international E' e Wilp l suranee Company
Sign lure: Signature:
flame and Name and
'I'ifle: A Title- Vincent M. Scolari, Attorney-In-Faci
(Alry a�ddlliolwl sigiiatilres appeal, Oil the last page of'fhis Payment Bond.)
(1,0RIAIFORN1,4770NONLY Name, aelcit°essacre! lelel)hotiel)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(,Architect, Engineer or other, paro.)
McSherry & I ludson
160 W Santa Clara St., Suite 715
San Jose CA 95113
408-550-2130
AIA Document A3121" — 2010 Payment Bond. The Arnefiran Institute ofArchitects. AJI rights reserved, WARNING; This AW Document Is prWected by
InIC US. Copyright L aw and InternMionall Tmafies, UnauthoHzed repwdMliwi w ifishibution of tWs, AW Docuineni, w any pwtion of it, rviRy result in
severe dvfl and crirnhiM penattias,, wwd wHI be piosecutK:l to the maAlinum extent pasSkAP Wider it,& Jcw, 7 his document was produced by AIA software at
1134:64 on 0310312011 under Order No 97667517861 which expires on 12f21/2011, and is not for resale
User Notes: (1682657892)
§ I File Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
Successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in tile performance of
fire Construction Contract, which is incorporated herein by reference, subject to the following terms.
§ 2 if the Contractor promptly makes payment of all sums due to Claimants, and defends, inderanifies and holds
harmless tile Owner from clanns, demands, liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in
Section 13) of'clainis, demands, liens or suits against the Owner or the Owner's property by any person or entity
seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract
and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Sol cry's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
A have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
,amount claimed and tile name of the party to whom the materials were, or equipment was, burnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having least
perfOrnled label- or last furnished materials or equipment included in the Claim; arid
,2 have sent a Claim to the Surety (at the address described in Section 13),
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13)
§ 6 If a notice of non-payinent required by Section 5, 1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5,1 , 1,
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 of 5.2, whichever is applicable, the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days tiflei receipt of the Claim.
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7,2 Pay or arrange for payment of any undisputed 1111101.111tS.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
Constitute 8 waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
arnounts for which the Surety arid Claimant have reached agreement. If, however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall inderrunify the Claimant for the reasonable attorney's tees
the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fears provided under Section 73, and the amount of this Bond shall be credited for any payments made in good faith by
the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract arid to satisfy claims, ifany, under any construction performance bond. By the Conti actoi
furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in tile performance of
the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to
the CINVDer'S priority to use the funds for the completion of the work.
AJA Document A3121m - 2010 Payment Bond. The Arnerican Institute of Architects. All rights reserved, WAhat 'flids AJA' DocrnnorCsprotecledhy
Init. ILS, Copyright Law and hrimnafiomfl 'Freati". UnauIhwized mproductiory or diMdbMon 0 Vds Alk Docurnew, or airy portion 44 It, may resuft h�
severe 60 and crirnInrif penaffles, amd VeM b,e ilrose&Aed to the "Ittvirnurn extent possibre lmidea 0r6 raw, This document was prodLmed by ALA software at
13:34:54 on 03/0312011 under Order No.97667517861 which e0res on 12/2112011, arid is riot for resale
User Notes: (1682657892)
§ 10"Hie Surety shall not be liable to the Owner, Claimants or others, for obligations of tile Contractor that are
unrelated to tire Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this florid, and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under- this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be corninenced by a Claituarit under this Bond other than in a court ofcornpetent
jurisdiction in the state in which the project that is the subject of the Construction Conti -act is located or after the
expiration of` Mane year front the date (1) oil which tire Claimant sent a Claim to the Surety pursuant to Section 51.2 of
5.2, or (2) on which the last label- or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Conti -act, whichever of (I ) or (2) first occurs. If the provisions of this
Paragraph are void or prohibited by law, tile ritinirnurn period of limitation available to sureties as a defense in the
'jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to tile address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be
sufficient compliance as of the date received,
§ 14 When this Bond has been furnished to comply with it statutory or other legal requirement in the location where
the construction was to be perfornied, all), provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to Ile a potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a cop), of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a inininflurn:
A tire name of the Claimant,
.2 the name of the person for whom the labor was done, or materials or equipment furnished;
.3 it copy of tile agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date on which the Claimant last performed labor or last furnished materials or equipment lot use in
the performance of the Construction Contract:
.6 the total amount earned by the Claimant for labor., materials or equipment furnished as of the date of the
Claim;
.7 the total amount 0fprCVi0LlS payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished is of the
date ofthe Claim.
§ 16.2 Claimant. Ali individual or entity having a direct contract with the. Contractor or with it subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of tile Construction Contract. "'Ihe let in
Claimant also includes any individual or entity that has rightflully, asserted a claim under an applicable mechanic's lien
or similar statute against tile real property upon which the ProJect is located. The intent of this Bond shall be to include
without limitation in the temis "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in tile Construction Contract, architectural and engineering services
required for performance of the work of tile Contractor and the Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in thejurisdieflon where the labor-, materials or equipment were furnished.
§ 16,3 Construction Contract The agreement between the Ovviter and Colul-actor identified oil the cover page,
including all Contract Documents and all changes made it) the agreement and the Contract Documents,
MADocurrient A312111-2010 Payment Bond. TheArnertcan Institute ofArchitects, All rights reserved. VVARW4G,, This AMDucumontdspruteciedhy
U,S. Copyright I avo and hitcrnafionM Treaties reproducdon or (fistribution of this AW Drxumenil cu any porflan of q, may rest in
swvere civil and cu� rnMM penWfies, lend viii] be prosecuted to Mo n1wornmi exient posMbia under the Nwv, This document was produced byAlA software at
13,34:54 on 03/03/2011 under Order No 97667517861 which eVires on 12/2112.011, and is not for resale
User Notes: (1682667892)
§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform arid complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner Arid Contractor.
§ 17 Ifthis Bond is issued for an agreement between a Contractor arid subcontractor, the terra Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(,space is pivvideti` belowfiw additional signatures of
other than those ap1moring oti the cover pqge)
CONTRACTOR AS PRINCIPAL SURETY
Company: ((.oq)orcite Seat) Company: ((.'or1wrate Seat)
Signature:
Name arid'I"itle:
Address -
Signature:
Name and I itle:
Address:
AJA Document A312111— 2010 Payment Bond. The American Institute of Architects. AJI rights reserved. WARNiNG; This MA' Document is pmteelvJ by
Ind, US, Copydqhl Law arW Unaurho6zed reproducflon or dtsfflbudon of this IJA' Docuawnt, or any poilkin of It, may resuft In
severe chW and crim4W ponaffies, and will io the poxhntim eAent pasqffle aujder tpw 6awa This document was produced by AIA software at
1 13 34,54 on 0310312011 tinder Order No 9766751 861 which expires on 12121(2.011, and is not for resale,
User Notes: (16$2657892)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On June 13, 2018 before me, Sandra Hernandez, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Robert Asuncion
Name(s) of Signer(s)
I
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my d and official seal.
e Signatur :3"-
Signature of otary Pubic
Place Notary Seal Above
— OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
El Corporate Officer — Title(s):
• Partner — El Limited 0 General
• Individual 0 Attorney in Fact
El Trustee El Guardian or Conservator
El Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
El Corporate Officer — Title(s):
• Partner — El Limited El General
• Individual El Attorney in Fact
El Trustee 0 Guardian or Conservator
El Other:
Signer Is Representing:
@2016 National Notary Association - www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item#5907
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
k0iw I
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Santa Clara
On June 8, 2018 before me, . P. K. Simicich, Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Vincent M. Scolai,j
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(jes), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and Offi�ial seal_
Signature---`
SigAture of Notary Public
Place Notary Seal Above
, OP77ONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: ... . . .....
• Corporate Officer — Title(s):
• Partner — E-1 Limited El General
• Individual E] Attorney in Fact
El Trustee El Guardian or Conservator
El Other:
Signer Is Representing:
Signer's Name:
El Corporate Officer — Title(s):
El Partner — [I Limited 0 General
El Individual El Attorney in Fact
El Trustee 0 Guardian or Conservator
El Other:
Signer Is Representing:
@2014 National Notary Association - www.NationalNotary.org - 1 -800-US NOTARY (1 -800-876- 682 7) Item#5907
ONE NEVVARKCENTER, 2OTHFLOOR NEVyARK.NEW JERSEY V71O2-5207
KNOW ALL MEN oYTHESE PRESENTS: That INTERNATIONAL i INSURANCE COMPANY mm organized and existing under
the laws of the State of New Jersey, and 4LLeG*ENrCASUALTY COMPANY corporation organizedand existing under the laws of the State of
Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint
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DEBORAHLTABLAK.VVEWDYR.PASTORA.PATRICIA K.S|yW|C/CH.YESEN|A0VERA
Watsonville, CA.
their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writin s obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, requlation, contract or otherwise,
and the execuplon of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNA ONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 15th day of August, �oOO:
"RESOLVED, that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of,
Attorneys -in- Fact or agents with ower and authority as defined or limi.ted in their respective powers of attorney, and to execute on behalf of the Corporation
and affix the Corporation's seal P� ereto, bonds, undertakings, recognizances, contracts of indernnity and other written obligations in the nature thereof or
related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custo ians, a ents for acceptance of
process and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature opany such Officer of the
Corporal iion and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking,
reco nizance contract of indemnit or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether
here?lofore or hereafter, being hereg� adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid
and binding upon the Corporation wi [h the same force and effect as though manually affixed."
IN WITNESS WHEREOF, FIDELITY INSURANCE COMPANY and ALLEGnEwYCASUALTY COMPANY have each executed and
attested these presents onthis 12thday mMarch, 2012
STATE OF NEW JERSEY
County of Essex
�4<-37_e��_t7
1936
Executive Vice President/Chief Operating Officer
(International Fidelity Insurance Company)
and President (Allegheny Casualty Company)
Onthis 12th day of March 2012.before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
nwnm, said he is the therein described and authorized officer of INTERNATIONAL nDsLnr INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed msaid instrument are the Corporate Seals nfsaid Companies; that the said Corporate Seals and his signature were
duly affixed bvorder vfthe Boards nfDirectors ofsaid Companies.
IN Official Seal,
at the City of Newark, New Jersey the day and yea Irst above written.
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires Mar. 27, 2014
''161so.,100 CERTIFICATION
1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
|NTESTIMONY WHEREOF, | have hereunto set myhand this 8tb day of June, 2018