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HomeMy WebLinkAbout26-093 LiliPad EV for Service Center Electric Vehicle Infrastructure Project (2)Contract This public works contract ("Contract") is entered into by and between the City of Cupertino ("City") and Lilypad EV ("Contractor"), for work on the Service Center Electric Vehicle Infrastructure Project ("Project"). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On April 21, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: 3. Contractor's Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $592,475.00 ("Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 180 calendar days from the start date set forth in the Notice to Proceed ("Contract Time"). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1.000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers' compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers' Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code § 3700 which require 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 performance of the Work on this Contract." 9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Public Works Department 10300 Torre Avenue Cupertino, CA 95014 408-777-3269 Attn: Jimmy Tan, P.E. "imm t cu ertino. ov Copy to: Contractor: Name Lilypad EV Address 4591 Pacheco Blvd. City/State/ZipCity/StatelZip Martinez, CA 94553 Phone 619-850-1128 Contact name Frank Huerta Contact email address frank.huerta@lilypadev.com CC Contact name CC Contact email address 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the "Act"), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.] The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: 4-111 M1,ckae6 AC Woo S/ S/ City Manager Senior Asst City Attorney Name, Title Date: 06/18/2026 Attest: L�Uwm, satA7&r s/ City Clerk Name, Title Date: 06/18/2026 CONTRACTOR: LilyPad EV Business Name s/ Director, Alternative Fuels Name, Title Date: 06/16/2026 Second Signature (See Section 12.8): Gregory Brown, CFO Name, Title 06/16/2026 Date: 1139079 6/18/2027 Name, Title Date: 06/16/2026 Seal: Contractor's California License Number(s) and Expiration Date(s) END OF CONTRACT CITY OF CUPERTINO NOTICE INVITING BIDS SERVICE CENTER ELECTRIC VEHICLE INFRASTRUCTURE PROJECT 1. Bid Submission. City of Cupertino ("City") will accept sealed bids for its Service Center Electric Vehicle Infrastructure Project ("Project"), by or before March 5, 2026, by 2pm PT, via electronic submission to the City's "Business Opportunities" online portal in the manner set forth in Section 1 of the Instructions to Bidders, at which time the bids will be opened by the City. 2. Project Information. 2.1 Location and Description. The Project is located at 10555 Mary Avenue, Cupertino, CA 95014 and is described as follows: Installation of new electric vehicle charging stations at the Cupertino Service Center including, but not limited to, chargers, underground electrical conduits and wires, transformers, panelboards, main switchboard, pull boxes, concrete pads, and concrete bollards. 2.2 Time for Final Completion. The Project must be fully completed within 180 calendar days from the start date set forth in the Notice to Proceed. City anticipates that the Work will begin on or about April 1, 2026, but the anticipated start date is provided solely for convenience and is neither certain nor binding. 3. License and Registration Requirements. 3.1 License. This Project requires a valid California contractor's license for the following classification(s): Class A or C-10. 3.2 DIR Registration. City may not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder is registered with the California Department of Industrial Relations ("DIR") to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 4. Contract Documents. The plans, specifications, bid forms and contract documents for the Project, and any addenda thereto ("Contract Documents") may be downloaded from City's Business Opportunities website located at: hlt2s:Hgpps.cLipertino.gov/bidManagement/index.AWx. 5. Bid Security. The Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier's or certified check made payable to City, or a bid bond executed by a surety licensed to do business in the State of California on the Bid Bond form included with the Contract Documents. The bid security must guarantee that within ten days after City issues the Notice of Potential Award, the successful bidder will execute the Contract and submit the payment and performance bonds, insurance certificates and endorsements, valid Certificates of Reported Compliance as required under the California Air Resources Board's In -Use Off -Road Diesel -Fueled Fleets Regulation (13 CCR § 2449 et seq.) ("Off -Road Regulation"), if applicable, and any other submittals required by the Contract Documents and as specified in the Notice of Potential Award. 6. Prevailing Wage Requirements. 6.1 General. Pursuant to California Labor Code § 1720 et seq., this Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. 6.2 Rates. The prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Each Contractor and Subcontractor must pay no less than the specified rates to all workers employed to work on the Project. The schedule of per diem wages is based upon a working day of eight hours. The rate for holiday and overtime work must be at least time and one-half. 6.3 Compliance. The Contract will be subject to compliance monitoring and enforcement by the DIR, under Labor Code § 1771.4. 7. Performance and Payment Bonds. The successful bidder will be required to provide performance and payment bonds, each for 100% of the Contract Price, as further specified in the Contract Documents. 8. Substitution of Securities. Substitution of appropriate securities in lieu of retention amounts from progress payments is permitted under Public Contract Code § 22300. 9. Subcontractor List. Each Subcontractor must be registered with the DIR to perform work on public projects. Each bidder must submit a completed Subcontractor List form with its Bid Proposal, including the name, location of the place of business, California contractor license number, DIR registration number, and percentage of the Work to be performed (based on the base bid price) for each Subcontractor that will perform Work or service or fabricate or install Work for the prime contractor in excess of one-half of 1 % of the bid price, using the Subcontractor List form included with the Contract Documents. 10. Instructions to Bidders. All bidders should carefully review the Instructions to Bidders for more detailed information before submitting a Bid Proposal. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, as defined therein, including this Notice Inviting Bids. 11. Non -Mandatory Site Visit. A non -mandatory site visit will be held on Wednesday, February 25, 2026 at 10:00am at the following location: 10555 Mary Avenue, Cupertino, CA 95014 to acquaint all prospective bidders with the Contract Documents and the Worksite. The bidders' conference is non -mandatory. /LAUREN SAPUDAR/ Acting City Clerk, City of Cupertino Publish 2/6/26 Instructions to Bidders Each Bid Proposal submitted to the City of Cupertino ("City") for its Service Center Electric Vehicle Infrastructure Project ("Project") must be submitted in accordance with the following instructions and requirements: Bid Submission. 1.1 General. Each Bid Proposal must be completed, using the form provided in the Contract Documents, signed, and submitted to City with all required forms and attachments, by or before the date and time set forth in Section 1 of the Notice Inviting Bids, or as amended by subsequent addendum. Faxed or emailed Bid Proposals will not be accepted, unless otherwise specified. Late submissions will not be accepted. City reserves the right to postpone the date or time for receiving or opening bids. Each bidder is solely responsible for its costs to prepare and submit its bid and by submitting a bid waives any right to recover those costs from City. The bid price(s) must include all costs to perform the Work as specified, including all labor, material, supplies, and equipment and all other direct or indirect costs such as applicable taxes, insurance and overhead. 1.2 Electronic Submission. The Bid Proposal and all required forms and attachments must be submitted in PDF format on the City's "Business Opportunities" portal at https://apps.cupertino.gov/bidManagement/index.aspx. To submit a bid, (1) select the folder icon in the "Actions" column for the Project; (2) select the "Electronic Submission" tab; (3) when the log -in screen appears, enter the log -in credentials used to access the Contract Documents and/or create an account, as appropriate; (4) after logging in, carefully follow all instructions for electronic submission of the Bid Proposal and all required forms and attachments. Each bidder should familiarize itself with the City's "Business Opportunities" portal before the bid deadline. Electronic submission may take more time than anticipated. Each bidder should plan accordingly and afford itself ample time to upload its bid. Bids that are in the process of uploading but are not completely uploaded by the bid deadline will be automatically rejected by the portal. The portal will not allow submission after the bid deadline. 1.3 Bid Posting. The amount of each bid and such other relevant information as the City deems appropriate, together with the name of each bidder, shall be posted on the City website https://apps.cupertino.gov/bidManagement/index.aspx on the first working day following a period of 48 hours after the bid opening and remain open to public inspection for a period of not less than fifteen (15) calendar days after the bid opening. 1.4 DIR Registration. City may not accept a Bid Proposal from a bidder without proof that the bidder is registered with the DIR to perform public work under Labor Code § 1725.5. If City is unable to confirm that the bidder is currently registered with the DIR, City may disqualify the bidder and return its bid unopened. (Labor Code §§ 1725.5 and 1771.1(a).) 2. Bid Proposal Form and Enclosures. Each Bid Proposal must be completed legibly using the Bid Proposal form included with the Contract Documents. The Bid Proposal form must be fully completed without interlineations, alterations, or erasures. Any necessary corrections must be clear and legible and must be initialed by the bidder's authorized representative. A Bid Proposal submitted with exceptions or terms such as "negotiable," Service Center Electric Vehicle Infrastructure Project INSTRUCTIONS TO BIDDERS CIP #2025-01, NWS# ST069 Page 3 "will negotiate," or similar, will be considered nonresponsive. Each Bid Proposal must be accompanied by bid security, as set forth in Section 4 below, and by a completed Subcontractor List and Non -Collusion Declaration using the forms included with the Contract Documents, and any other required enclosures, as applicable. 3. Authorization and Execution. Each Bid Proposal must be signed by the bidder's authorized representative. A Bid Proposal submitted by a partnership must be signed in the partnership name by a general partner with authority to bind the partnership. A Bid Proposal submitted by a corporation must be signed with the legal name of the corporation, followed by the signature and title of two officers of the corporation with full authority to bind the corporation to the terms of the Bid Proposal, under California Corporations Code § 313. 4. Bid Security. Each Bid Proposal must be accompanied by bid security of ten percent of the maximum bid amount, in the form of a cashier's check or certified check, made payable to the City, or bid bond using the form included in the Contract Documents and executed by a surety licensed to do business in the State of California. 4.1 Form of Security and Submission. In addition to submitting a PDF copy of the bid security, the wet -inked original bid bond, cashier's or certified check, must be sent to the City via U.S. Mail or a reliable overnight delivery service in a sealed envelope addressed to City of Cupertino, Office of the City Clerk, 10300 Torre Avenue, Cupertino, CA 95014 and clearly labeled with the bidder's legal name and address, the Project title, and date and time of the bid deadline. The envelope containing the original form of bid security must be postmarked or otherwise dated to show that it was submitted to the United States Postal Service or overnight delivery service by or before the date of the bid deadline. 4.2 Bid Guarantee. The bid security must guarantee that, within ten days after issuance of the Notice of Potential Award, the bidder will: execute and submit the enclosed Contract for the bid price; submit payment and performance bonds for 100% of the maximum Contract Price; submit the insurance certificates and endorsements; and submit valid Certificates of Reported Compliance as required by the Off -Road Regulation, if applicable, and any other submittals, if any, required by the Contract Documents or the Notice of Potential Award. A Bid Proposal may not be withdrawn for a period of 60 days after the bid opening without forfeiture of the bid security, except as authorized for material error under Public Contract Code § 5100 et seq. 5. Requests for Information. Questions or requests for clarifications regarding the Project, the bid procedures, or any of the Contract Documents must be submitted in writing to Jimmy Tan, P.E., Assistant Director of Public Works, at with the following text in the subject line "Service Center EV Infrastructure Project". Oral responses are not authorized and are not binding on the City. Bidders should submit any such written inquiries at least five Working Days before the scheduled bid opening. Questions received later may not be addressed before the bid deadline. An interpretation or clarification by City in response to a written inquiry will be issued in an addendum. 6. Pre -Bid Investigation. 6.1 General. Each bidder is solely responsible at its sole expense for diligent and thorough review of the Contract Documents, examination of the Project site, and reasonable and prudent inquiry concerning known and potential site and area conditions prior to submitting a Bid Proposal. Each bidder is responsible for knowledge of conditions and requirements which reasonable review and investigation would have disclosed. However, except for any areas that are open to Service Center Electric Vehicle Infrastructure Project INSTRUCTIONS TO BIDDERS CIP #2025-01, NWS# ST069 Page 4 the public at large, bidders may not enter property owned or leased by the City or the Project site without prior written authorization from City. 6.2 Document Review. Each bidder is responsible for review of the Contract Documents and any informational documents provided "For Reference Only," e.g., as-builts, technical reports, test data, and the like. A bidder is responsible for notifying City of any errors, omissions, inconsistencies, or conflicts it discovers in the Contract Documents, acting solely in its capacity as a contractor and subject to the limitations of Public Contract Code § 1104. Notification of any such errors, omissions, inconsistencies, or conflicts must be submitted in writing to the City no later than five Working Days before the scheduled bid opening. (See Section 5, above.) City expressly disclaims responsibility for assumptions a bidder might draw from the presence or absence of information provided by City. 6.3 Project Site. Questions regarding the availability of soil test data, water table elevations, and the like should be submitted to the City in writing, as specified in Section 5, above. Any subsurface exploration at the Project site must be done at the bidder's expense, but only with prior written authorization from City. All soil data and analyses available for inspection or provided in the Contract Documents apply only to the test hole locations. Any water table elevation indicated by a soil test report existed on the date the test hole was drilled. The bidder is responsible for determining and allowing for any differing soil or water table conditions during construction. Because groundwater levels may fluctuate, difference(s) in elevation between ground water shown in soil boring logs and ground water actually encountered during construction will not be considered changed Project site conditions. Actual locations and depths must be determined by bidder's field investigation. The bidder may request access to underlying or background information on the Project site in City's possession that is necessary for the bidder to form its own conclusions, including, if available, record drawings or other documents indicating the location of subsurface lines, utilities, or other structures. 6.4 Utility Company Standards. The Project must be completed in a manner that satisfies the standards and requirements of any affected utility companies or agencies (collectively, "utility owners"). The successful bidder may be required by the third -party utility owners to provide detailed plans prepared by a California registered civil engineer showing the necessary temporary support of the utilities during coordinated construction work. Bidders are directed to contact the affected third -party utility owners about their requirements before submitting a Bid Proposal. 7. Bidders Interested in More Than One Bid. No person, firm, or corporation may submit or be a party to more than one Bid Proposal unless alternate bids are specifically called for. However, a person, firm, or corporation that has submitted a subcontract proposal or quote to a bidder may submit subcontract proposals or quotes to other bidders. 8. Addenda. Subject to the limitations of Public Contract Code § 4104.5, City reserves the right to issue addenda prior to bid time. Any addenda issued prior to the bid opening are part of the Contract Documents. Each bidder is solely responsible for ensuring it has received and reviewed all addenda prior to submitting its bid. Bidders should check City's website periodically for any addenda or updates on the Project at: https://apps.cupertino.gov/bidManagement/index.aspx. 9. Brand Designations and "Or Equal" Substitutions. Any specification designating a material, product, thing, or service by specific brand or trade name, followed by the words "or equal," is intended only to indicate quality and type of item desired, and bidders may request use of any equal material, product, thing, or service. All data substantiating the Service Center Electric Vehicle Infrastructure Project INSTRUCTIONS TO BIDDERS CIP #2025-01, NWS# ST069 Page 5 proposed substitute as an equal item must be submitted with the written request for substitution. A request for substitution must be submitted within 35 days after Notice of Potential Award unless otherwise provided in the Contract Documents. This provision does not apply to materials, products, things, or services that may lawfully be designated by a specific brand or trade name under Public Contract Code § 3400(c). 10. Bid Protest. Any bid protest against another bidder must be submitted in writing and received by City at 10300 Torre Avenue, Cupertino, CA 95014 or sent via email at jimmyt(@_cupertino.gov before 5:00 p.m. no later than five Working Days following bid opening ("Bid Protest Deadline") and must comply with the following requirements: 10.1 General. Only a bidder who has actually submitted a Bid Proposal is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder but must timely pursue its own protest. For purposes of this Section 10, a "Working Day" means a day that City is open for normal business, and excludes weekends and holidays observed by City. Pursuant to Public Contract Code § 4104, inadvertent omission of a Subcontractor's DIR registration number on the Subcontractor List form is not grounds for a bid protest, provided it is corrected within 24 hours of the bid opening or as otherwise provided under Labor Code § 1771.1(b). 10.2 Protest Contents. The bid protest must contain a complete statement of the basis for the protest and must include all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the Contract Documents upon which the protest is based. The protest must include the name, address, email address, and telephone number of the protesting bidder and any person submitting the protest on behalf of or as an authorized representative of the protesting bidder. 10.3 Copy to Protested Bidder. Upon submission of its bid protest to City, the protesting bidder must also concurrently transmit the protest and all supporting documents to the protested bidder, and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest, by email or hand delivery to ensure delivery before the Bid Protest Deadline. 10.4 Response to Protest. The protested bidder may submit a written response to the protest, provided the response is received by City before 5:00 p.m., within two Working Days after the Bid Protest Deadline or after actual receipt of the bid protest, whichever is sooner (the "Response Deadline"). The response must attach all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email address, and telephone number of the person responding on behalf of or representing the protested bidder if different from the protested bidder. 10.5 Copy to Protesting Bidder. Upon submission of its response to the bid protest to the City, the protested bidder must also concurrently transmit by email or hand delivery, by or before the Response Deadline, a copy of its response and all supporting documents to the protesting bidder and to any other bidder who has a reasonable prospect of receiving an award depending upon the outcome of the protest. 10.6 Exclusive Remedy. The procedure and time limits set forth in this Section are mandatory and are the bidder's sole and exclusive remedy in the event of a bid protest. A bidder's failure to comply with these procedures will constitute a waiver Service Center Electric Vehicle Infrastructure Project INSTRUCTIONS TO BIDDERS CIP #2025-01, NWS# ST069 Page 6 of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings. 10.7 Right to Award. City reserves the right, acting in its sole discretion, to reject any bid protest that it determines lacks merit; to award the Contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a Notice to Proceed with the Work notwithstanding any pending or continuing challenge to its determination. 11. Reservation of Rights. City reserves the unfettered right, acting in its sole discretion, to waive or to decline to waive any immaterial bid irregularities; to accept or reject any or all bids; to cancel or reschedule the bid; to postpone or abandon the Project entirely; or to perform all or part of the Work with its own forces. The Contract will be awarded, if at all, within 60 days after opening of bids or as otherwise specified in the Special Conditions, to the responsible bidder that submitted the lowest responsive bid. Any planned start date for the Project represents the City's expectations at the time the Notice Inviting Bids was first issued. City is not bound to issue a Notice to Proceed by or before such planned start date, and it reserves the right to issue the Notice to Proceed when the City determines, in its sole discretion, the appropriate time for commencing the Work. The City expressly disclaims responsibility for any assumptions a bidder might draw from the presence or absence of information provided by the City in any form. Each bidder is solely responsible for its costs to prepare and submit a bid, including site investigation costs. 12. Bonds. Within ten calendar days following City's issuance of the Notice of Potential Award to the successful bidder, the bidder must submit payment and performance bonds to City as specified in the Contract Documents using the bond forms included in the Contract Documents. All required bonds must be calculated on the maximum total Contract Price as awarded, including additive alternates, if applicable. 13. License(s). The successful bidder and its Subcontractor(s) must possess the California contractor's license(s) in the classification(s) required by law to perform the Work. The successful bidder must also obtain a City business license within 10 (ten) days following City's issuance of the Notice of Potential Award. Subcontractors must also obtain a City business license before performing any Work. 14. Ineligible Subcontractor. Any Subcontractor who is ineligible to perform work on a public works project under Labor Code §§ 1777.1 or 1777.7 is prohibited from performing work on the Project. 15. Safety Orders. If the Project includes construction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet or deeper, each bid must include a bid item for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life or limb, which comply with safety orders as required by Labor Code § 6707. 16. In -Use Off -Road Diesel -Fueled Fleets. If the Project involves the use of vehicles subject to the California Air Resources Board's In -Use Off -Road Diesel -Fueled Fleets Regulation (13 CCR § 2449 et seq.) ("Off -Road Regulation"), then within ten calendar days following City's issuance of the Notice of Potential Award to the successful bidder, the bidder must submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the Off -Road Regulation, unless exempt under the Off -Road Regulation. 17. Subcontractor Work Limits. The prime contractor must perform at least 51 % of the Work on the Project, calculated as a percentage of the base bid price, with its own forces, except Service Center Electric Vehicle Infrastructure Project INSTRUCTIONS TO BIDDERS CIP #2025-01, NWS# ST069 Page 7 for any Work identified as "Specialty Work" in the Contract Documents. The total bid amount for any such Specialty Work, as shown on the Bid Schedule, may be deducted from the base bid price before computing the 51 % self -performance requirement. The remaining Work may be performed by qualified Subcontractor(s). 18. Bid Schedule. Each bidder must complete the Bid Schedule form with unit prices as indicated, and submit the completed Bid Schedule with its Bid Proposal. 18.1 Incorrect Totals. In the event a computational error for any bid item (base bid or alternate) results in an incorrect extended total for that item, the submitted base bid or bid alternate total will be adjusted to reflect the corrected amount as the product of the estimated quantity and the unit cost. In the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid, and the amount entered as the base bid on the Bid Proposal form, the actual total of the itemized or unit prices shown on the Bid Schedule for the base bid will be deemed the base bid price. Likewise, in the event of a discrepancy between the actual total of the itemized or unit prices shown on the Bid Schedule for any bid alternate, and the amount entered for the alternate on the Bid Proposal form, the actual total of the itemized prices shown on the Bid Schedule for that alternate will be deemed the alternate price. Nothing in this provision is intended to prevent a bidder from requesting to withdraw its bid for material error under Public Contract Code § 5100 et seq. 18.2 Estimated Quantities. Unless identified as a "Final Pay Quantity," the quantities shown on the Bid Schedule are estimated and the actual quantities required to perform the Work may be greater or less than the estimated amount. The Contract Price will be adjusted to reflect the actual quantities required for the Work based on the itemized or unit prices provided in the Bid Schedule, with no allowance for anticipated profit for quantities that are deleted or decreased, and no increase in the unit price, and without regard to the percentage increase or decrease of the estimated quantity and the actual quantity. 19. Bidder's Questionnaire. A completed, signed Bidder's Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted within 48 hours following a request by City. A bid that does not fully comply with this requirement may be rejected as nonresponsive. A bidder who submits a Bidder's Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non -responsible. 20. Additive and Deductive Alternates. As required by Public Contract Code § 20103.8, if this bid solicitation includes additive or deductive items, the method checked below will be used to determine the lowest bid. If no method is checked, subparagraph (A) will be used to determine the lowest bid. City retains the right to add to or deduct from the Contract any of the additive or deductive alternates included in the Bid Proposal. Check one: X (A) The lowest bid will be the lowest bid price on the base contract without consideration of the prices on the additive or deductive items. (B) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation or Bid Proposal as being used for the purpose of determining the lowest bid price. Service Center Electric Vehicle Infrastructure Project INSTRUCTIONS TO BIDDERS CIP #2025-01, NWS# ST069 Page 8 (C) The lowest bid will be the lowest total of the bid prices on the base contract and those additive or deductive items taken in order from a specifically identified list of those items that, when in the solicitation, and added to, or subtracted from, the base contract, are less than, or equal to, a funding amount publicly disclosed by City before the first bid is opened. (D) The lowest bid will be determined in a manner that prevents any information that would identify any of the bidders or the proposed subcontractors or suppliers from being revealed to City before the ranking of all bidders from lowest to highest has been determined. END OF INSTRUCTIONS TO BIDDERS Service Center Electric Vehicle Infrastructure Project INSTRUCTIONS TO BIDDERS CIP #2025-01, NWS# ST069 Page 9 CUPERTINO ADDENDUM NO. 1 Service Center Electric Vehicle Infrastructure Project Bid Opening: March 5, 2026, at 2:00pm Issue Date: February 27, 2026 TO ALL PROSPECTIVE FIRMS: This addendum is issued to modify and/or clarify the previously issued bid documents. You must indicate receipt of this addendum within the Bid Proposal of your bid submittal. Failure to do so may cause rejection of your submittal. The following clarifications and revisions are hereby made to the above referenced project. 1. Project Manual: Instruction to Bidders Section, delete Paragraph 19 and replace with the following: 19. Bidder's Questionnaire. A completed, signed Bidder's Questionnaire using the form provided with the Contract Documents and including all required attachments must be submitted with the Bid. A bid that does not fully comply with this requirement may be rejected as non -responsive. A bidder who submits a Bidder's Questionnaire which is subsequently determined to contain false or misleading information, or material omissions, may be disqualified as non -responsible. 2. Does the City have an Engineers Estimate for this project? a. The engineer's estimate for this project is $800,000. 3. Could you please advise whether "approved equals" (or equivalent products that meet or exceed the specified performance criteria) will be acceptable for the EV charging stations on this project? a. Due to the grant received for the project, the City is required to use the list of approved EV chargers by PG&E. The specified chargers meet the requirements. Page 1 of 2 4. The Time for Final Completion indicated in the Contract Documents states that the project must be fully completed within 180 calendar days from the start date set forth in the Notice to Proceed. a. The City is aware that the final completion timeline will likely need to be extended due to the procurement of the electrical equipment. The City will coordinate the timeline with the Contractor during the construction phase. APPROVED BY: Jimmy Tan, P.E. Assistant Director of Public Works Page 2 of 2 CUPERTINO ADDENDUM NO. 2 Service Center Electric Vehicle Infrastructure Project Bid Opening: March 5, 2026, at 2:00pm Issue Date: March 2, 2026 TO ALL PROSPECTIVE FIRMS: This addendum is issued to modify and/or clarify the previously issued bid documents. You must indicate receipt of this addendum within the Bid Proposal of your bid submittal. Failure to do so may cause rejection of your submittal. The following clarifications and revisions are hereby made to the above referenced project. 1. Does Cupertino have PGE scheduled for install? Any commitment drawings? a. PG&E has completed their service distribution drawings. No schedule is available from PG&E for the installation work. 2. Does Cupertino want a charging network to be bid with the charging equipment? a. No. 3. Is there an existing charging network or charge management system in place? a. The City is using ChargePoint management system for public chargers. 4. Sheet E-602 (E-601) note 2 states that the ALMS may require a hardwired ethernet connection. Can you please provide some clarity? Is it necessary? If so, can you provide info on what's required? a. Contactor shall provide an Automatic Load Management System (ALMS) that enables load management of all the Electric Vehicle Supply Equipment (EVSE) systems in the bid which may require a hardwired ethernet connection depending on the ALMS chosen by the Contractor. Page 1 of 2 5. Are there any known utilities in the pathway, other than the 3 that can be seen by the asphalt patching seen on the walk and that's visible from google maps? I'm including a screen shot a. Additional as -built drawings are attached for your information which shows other existing utilities within the project area. As noted on the drawings, "Contractor shall field verify exact locations of existing underground utility lines and protect and preserve those existing lines during construction." APPROVED BY: Jimmy Tan, P.E. Assistant Director of Public Works Page 2 of 2 1 .�.......-ARRAY A -.-.-.-. ...... �. E3.0.0 I GENERALARRANGMENT 1 ,.._z0._o.. GENERAL NOTES: 1. CONDUIT ROUTING IS SHOWN FOR DIAGRAMMATIC PURPOSES ONLY. EXACT ROUTING SHALL BE COORDINATED IN THE FIELD. 2. SEE E2.0.0 FOR SINGLE UNE DIAGRAMS AND FEEDER SCHEDULE. 3. PV SYSTEM CONDUCTORS, COMMUNICATION CONDUCTORS, AND LIGHTING CONDUCTORS SHALL UTILIZE SEPARATE RACEWAYS AND HANDHOLES. 4. REFER TO STRUCTURAL DRAWINGS FOR COLUMN LOCATIONS/SPACING. 5. EQUIPMENT LOCATION IS DIAGRAMMATIC IN NATURE. EXACT LOCATION WILL BE COORDINATED IN THE FIELD. SOLAR SUMMARY: ARRAY SIZES AND CLEARANCES DEVELOPED TO MEET OR EXCEED THE SOLAR PHOTOVOLTAIC INSTALLATION GUIDELINE, FINAL DRAFT, PUBLISHED BY CAL FIRE APRIL 22ND 2008. PV INVERTER: SUNGROW OR EQUAL PV MODULE: CANADIAN SOLAR OR EQUAL ARRAY NAME: ARRAY A MODULE COUNT: 340 UNCONNECTED MODULE: 2 MODULE W DC: 305 MOUNTING SYSTEM: CANOPY TILT ': 7.5 AZIMUTH: 180 kW DC STC: 103.7 CUPERTINO ELECTRIC 1132 NORTH 7TH STREET SAN JOSE, CA 95112 C-10 U�C.NO. 61174637 QIOTESS/py �Q'�c�SAVp q7 fy Om J No. E20493 * Exp. 09/30/15 sfgl�fCT0"P �! FOF CAUE� PROJECT TITLE CITY OF CUPERTINO SERVICE YARD PV PROJECT SITE 10555 MARY AVE. CUPERTINO, CA 95014 JOB NO. 14-9623 DRAWN BY: JW&AM CHECKED BY: GC REV. DESCRIPTION DATE 0 AS -BUILT 03/03/15 NORTH SCALE: 1" = 20' 0" SHEET TITLE ELECTRICAL SITE PLAN SHEET NUMBER E1.0.0 E E T TE � tl Elec Box. i CE 0 r 'TRANSFORMER (N) UTILITY TRANSFORMER r (N) IN -GRADE POWER & COMM PUULBOXES F T E - `Comm Box. TE Underground Electrical and Communication Facilities Near New Transformer and Switchgear Box -L Bid Proposal Service Center Electric Vehicle Infrastructure Project LILYPAD EV ("Bidder") hereby submits this Bid Proposal to the City of Cupertino ("City") for the above -referenced project ("Project") in response to the Notice Inviting Bids and in accordance with the Contract Documents referenced in the Notice. 1. Base Bid. Bidder proposes to perform and fully complete the Work for the Project as specified in the Contract Documents, within the time required for full completion of the Work, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead, for the following price ("Base Bid"): $ 592,475 2. Addenda. Bidder agrees that it has confirmed receipt of or access to, and reviewed, all addenda issued for this bid. Bidder waives any claims it might have against the City based on its failure to receive, access, or review any addenda for any reason. Bidder specifically acknowledges receipt of the following addenda: Addendum Date Received #1 02/27/2026 #2 03/02/2026 #3 #4 #5 3. Bidder's Certifications and Warranties. By signing and submitting this Bid Proposal, Bidder certifies and warrants the following: 3.1 Examination of Contract Documents. Bidder has thoroughly examined the Contract Documents and represents that, to the best of Bidder's knowledge, there are no errors, omissions, or discrepancies in the Contract Documents, subject to the limitations of Public Contract Code § 1104. 3.2 Examination of Worksite. Bidder has had the opportunity to examine the Worksite and local conditions at the Project location. 3.3 Bidder Responsibility. Bidder is a responsible bidder, with the necessary ability, capacity, experience, skill, qualifications, workforce, equipment, and resources to perform or cause the Work to be performed in accordance with the Contract Documents and within the Contract Time. 3.4 Responsibility for Bid. Bidder has carefully reviewed this Bid Proposal and is solely responsible for any errors or omissions contained in its completed bid. All statements and information provided in this Bid Proposal and enclosures are true and correct to the best of Bidder's knowledge. 3.5 Nondiscrimination. In preparing this bid, the Bidder has not engaged in discrimination against any prospective or present employee or Subcontractor on grounds of race, color, Service Center Electric Vehicle Infrastructure Project CIP #2025-01, NWS# ST069 BID PROPOSAL Page 10 ancestry, national origin, ethnicity, religion, sex, sexual orientation, age, disability, or marital status. 3.6 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Bidder is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the "Act"), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 4. Award of Contract. By signing and submitting this Bid Proposal, Bidder agrees that, if City issues the Notice of Potential Award to Bidder, then within ten days following issuance of the Notice of Potential Award to Bidder, Bidder will do all of the following: 4.1 Execute Contract. Enter into the Contract with City in accordance with the terms of this Bid Proposal, by signing and submitting to City the Contract prepared by City using the form included with the Contract Documents; 4.2 Submit Required Bonds. Submit to City a payment bond and a performance bond, each for 100% of the Contract Price, using the bond forms provided and in accordance with the requirements of the Contract Documents; 4.3 Insurance Requirements. Submit to City the insurance certificate(s) and endorsement(s) as required by the Contract Documents; and 4.4 Certificates of Reported Compliance. Submit to City valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, if the Project involves the use of vehicles subject to the Off -Road Regulation. (See Section 16 of the Instructions to Bidders.) 5. Bid Security. As a guarantee that, if awarded the Contract, Bidder will perform its obligations under Section 4 above, Bidder is enclosing bid security in the amount of ten percent of its maximum bid amount in one of the following forms: Check One: A cashier's check or certified check payable to City and issued by [bank name] in the amount of: $ A bid bond, using the Bid Bond form included with the Contract Documents, payable to City and executed by a surety licensed to do business in the State of California. Service Center Electric Vehicle Infrastructure Project CIP #2025-01, NWS# ST069 BID PROPOSAL Page 11 This Bid Proposal is hereby submitted on s/ s/ [See Section 3 of Instructions to Bidders] LILYPAD EV Company Name 4591 Pacheco Blvd. Address Martinez, CA, 94553 City, State, Zip Frank Huerta Contact Name March 5 . 2025. Allen Encabo - Proposal Manager Name and Title Frank Huerta - Director - Alternative Fuels Name and Title 1139079, June 18, 2027, C10 - Electrical License #, Expiration Date, and Classification 2000007667 DIR Registration # (619) - 850 - 1128 Phone frank.huerta@lilypadev.com Contact Email END OF BID PROPOSAL Service Center Electric Vehicle Infrastructure Project BID PROPOSAL CIP #2025-01, NWS# ST069 Page 12 Bid Schedule This Bid Schedule must be completed legibly and included with the sealed Bid Proposal. Pricing must be provided for each Bid Item as indicated. Items marked "(SW)" are Specialty Work that must be performed by a qualified Subcontractor. The lump sum or unit cost for each item must be inclusive of all costs, whether direct or indirect, including profit and overhead. The sum of all amounts entered in the "Extended Total Amount" column must be identical to the Base Bid price entered in Section 1 of the Bid Proposal form. AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each LB = Pounds LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 Ibs) BID EST. UNIT EXTENDED ITEM ITEM DESCRIPTION QTY UNIT COST TOTAL NO. . AMOUNT 1 Mobilization and Demobilization 1 LS $ Included $0 2 Storm Water Pollution and Dust 1 LS $ 5,000 $ 5,000 Control 3 Electrical and Communication 1 LS $213,480 $213,480 Conduits and Wires 4 Pull Boxes 3 EA $ 3,266 $ 9,798 5 Transformer T-EV1 1 EA $ 30,813 $ 30,813 6 Transformer T-EV2 1 EA $ 28,999 $ 28,999 7 Panelboard DP-EV1 1 EA $27,865 $27,865 8 Panelboard DP-EV2 1 EA $26,630 $26,630 9 Main Switchboard 1 EA $ 31,102 $ 31,102 10 EV Charger: Autel Maxicharger 4 EA $14,220 $ 56,880 Acultra Mounted to Column 11 EV Charger: Autel Maxicharger 4 EA $ 14,972 $59,888 Acultra with Integrated Pedestal 12 EV Charger: Autel Maxicharger 1 EA $ 38,166 $ 38,166 DC Fast 13 EV Charger: Tellus Power 1 EA $g 985 $8,985 UP160J-MP 14 Main Switch Board Foundation 1 EA $ 4,159 $ 4,159 15 Transformer Foundation 2 EA $2,080 $4,160 16 ABB Terra 184 Foundation 1 EA $ Included $ 0 17 Autel Maxicharger Foundation 4 EA $ Included $ 0 18 Bollards 35 EA $1,330 $46,550 TOTAL $ 592,475 * Final Pay Quantity TOTAL BASE BID Items 1 through 18 inclusive: $ 592,475 Service Center Electric Vehicle Infrastructure Project BID SCHEDULE CIP #2025-01, NWS# ST069 Page 13 Note: The amount entered as the "Total Base Bid" should be identical to the Base Bid amount entered in Section 1 of the Bid Proposal form. BIDDER NAME: LilyPad EV END OF BID SCHEDULE Service Center Electric Vehicle Infrastructure Project BID SCHEDULE CIP #2025-01, NWS# ST069 Page 14 Measurement and Payment Payment for the various items of the Bid Schedule, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and inci�yntals appurtenant to the items of work being described, as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of permits and cost of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for the various appurtenant items of work. Bid Item 1 Mobilization and Demobilization The contract lump -sum price paid for Bid Item No. 1, Mobilization and Demobilization, shall include full compensation for furnishing all labor, materials, tools and equipment, tree protection, temporary facilities, movement onto the sites, sanitation facilities, cost of bonds, and insurances for both the prime and subcontractors, removal of temporary facilities at the completion of the projects, and all other related mobilization and demobilization costs. Mobilization bid price shall not exceed ten percent (10%) of the total bid. Payment for this Item 1 shall be made as follows: A. Fifty percent (50%) of the mobilization bid price, less retention, will be paid on the initial billing, provided that all equipment is on -site and bond insurance fees are paid. B. Forty percent (40%) of the mobilization bid price, less retention, will be paid on a prorated basis during the remaining life of the contract. C. Ten percent (10%) of the mobilization bid price, plus any remaining amount left from the prorated payments, less retention, will be paid upon satisfactory completion of punch list items, cleaning up, and removal of all temporary facilities and equipment from the project sites. Bid Item 2 Storm Water Pollution and Dust Control The contract lump sum price paid for Storm Water Pollution and Dust Control shall constitute full compensation for furnishing all labor, equipment, materials, and incidentals for doing all work involved in Storm Water Pollution Prevention Measures and Dust Control, including the maintenance of all storm water pollution prevention and erosion control measures through project completion. Bid Item 3 Electrical and Communication Conduits and Wires The contract lump -sum price paid for Bid Item No. 3, shall constitute the full compensation for furnishing all shop drawing submittals and resubmittals, labor, materials, tools, and equipment to furnishing and installing new electric and communication conduits, electrical wiring, breakers, communication wires/cables, wire pulls, all fittings, connecting the conduit to the pull boxes; verifying, confirming and potholing location of existing utilities prior to excavation, laying out the location of the conduits, avoiding existing utilities, saw cutting pavement, excavation and backfilling, hand digging and/or vacuum excavating carefully around existing underground utilities, temporary support for utilities crossings, bedding and compaction, restoration of pavement, concrete and landscape surfaces, off -haul and disposal of all excess materials, all connections to electrical and communication panels to provide fulling functioning EV charging system, coordination with City staff, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as Service Center Electric Vehicle Infrastructure Project BID SCHEDULE CIP #2025-01, NWS# ST069 Page 15 required by the City. No additional compensation will be provided to the Contractor for the duration required to obtain permit from the City's Building Department and coordination with PG&E. Bid Item 4 Pull Boxes The contract price measured and paid on a per each basis for Bid Item No. 4, shall constitute the full compensation for furnishing all shop drawing submittals and resubmittals, labor, materials, tools, and equipment to furnish and install conduit pull boxes, including, but is not limited to, laying out the location of the pull boxes, verifying and confirming location of existing utilities prior to excavation, saw cutting pavement and curb and gutter, trenching, excavation, hand digging and/or vacuum excavating carefully around existing underground utilities, temporary support for utilities crossings, preparation of subgrade, placement of bedding and compaction, installing of pull boxes, connecting conduit, backfill and compaction, restoration of pavement and concrete surfaces, off -haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. No additional compensation will be provided to the Contractor for the duration required to obtain permit from the City's Building Department and coordination with PG&E. Bid Items 5 and 6 Transformer T-EV1 and T-EV2 The contract price measured and paid on a per each basis for Bid Item Nos. 5 and 6, shall constitute the full compensation for furnishing all shop drawing submittals and resubmittals, labor, materials, tools, and equipment to furnish and install transformers, including, but is not limited to, laying out the location of the transformers, installation of anchorage, installation of electrical and communication connections, testing, commissioning, and startup of the transformer system, off -haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. No additional compensation will be provided to the Contractor for the duration required to obtain permit from the City's Building Department and coordination with PG&E. Bid Items 7 and 8 Panelboard DP-EV1 and DP-EV2 The contract price measured and paid on a per each basis for Bid Item Nos. 7 and 8, shall constitute the full compensation for furnishing all shop drawing submittals and resubmittals, labor, materials, tools, and equipment to furnish and install panelboards, including, but is not limited to, laying out the location of the panelboard, installation of anchorage, installation of electrical and communication connections, testing, commissioning, off -haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. No additional compensation will be provided to the Contractor for the duration required to obtain permit from the City's Building Department and coordination with PG&E. Bid Item 9 Main Switchboard The contract price measured and paid on a per each basis for Bid Item No. 9, shall constitute the full compensation for furnishing all shop drawing submittals and resubmittals, labor, materials, tools, and equipment to furnish and install the main switchboard, including, but is not limited to, laying out the location of the main switchboard, installation of anchorage, installation of electrical and communication connections, testing, commissioning, coordination with PG&E and City and startup of the main switchboard, off -haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. No additional compensation will be provided to the Contractor for the duration required to obtain permit from the City's Building Department and coordination with PG&E. Bid Items 10 through 13 EV Chargers The contract price measured and paid on a per each basis for Bid Item Nos. 10 through 13, shall constitute the full compensation for furnishing all shop drawing submittals and resubmittals, labor, materials, tools, and equipment to furnish and install the Autel Maxicharger Acultra Mounted to Column, Autel Maxicharger Acultra with Integrated Pedestal, Autel Maxicharger DC Fast and Tellus Service Center Electric Vehicle Infrastructure Project BID SCHEDULE CIP #2025-01, NWS# ST069 Page 16 Power UP160J-MP, including, but is not limited to, laying out the location of the chargers, anchorage or support design, installation of anchorage, installation of electrical and communication connections, testing, commissioning, coordination with PG&E and City and startup of the chargers, off -haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. No additional compensation will be provided to the Contractor for the duration required to obtain permit from the City's Building Department and coordination with PG&E. Bid Items 14 through 17 Concrete Foundations The contract price measured and paid on a per each basis for Bid Item Nos. 14 through 17, shall constitute the full compensation for furnishing all shop drawing submittals and resubmittals, labor, materials, tools, and equipment to furnish and install the Main Switchboard foundation, Transformer foundation, ABB Terra 184 foundation and Autel Maxicharger foundation, including, but is not limited to, laying out the location of the concrete foundations, verifying and confirming location of existing utilities prior to excavation, saw cutting pavement and curb and gutter, trenching, excavation, hand digging and/or vacuum excavating carefully around existing underground utilities, temporary support for utilities crossings, preparation and compaction of subgrade, concrete, concrete reinforcing, concrete forms, installation of electrical and communication conduit and connections, crushed rock, coordination with structural engineer and City, off -haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. No additional compensation will be provided to the Contractor for the duration required to obtain permit from the City's Building Department and coordination with PG&E. Bid Item 18 Bollards The contract price measured and paid on a per each basis for Bid Item No. 18, shall constitute the full compensation for furnishing all shop drawing submittals and resubmittals, labor, materials, tools, and equipment to furnish and install the bollard, including, but is not limited to, laying out the location of the bollards, verifying and confirming location of existing utilities prior to excavation, saw cutting pavement and curb and gutter, trenching, excavation, hand digging and/or vacuum excavating carefully around existing underground utilities, temporary support for utilities crossings, preparation and compaction of subgrade, concrete, galvanized pipe, concrete pier, coordination with structural engineer and City, off - haul and disposal of all excess material, and all incidentals, complete in place, as shown on the Plans, as specified in these specifications, and as required by the City. No additional compensation will be provided to the Contractor for the duration required to obtain permit from the City's Building Department and coordination with PG&E. END OF MEASUREMENT AND PAYMENT Service Center Electric Vehicle Infrastructure Project BID SCHEDULE CIP #2025-01, NWS# ST069 Page 17 Subcontractor List For each Subcontractor that will perform a portion of the Work in an amount in excess of one-half of 1 % of the Bidder's total Base Bid,' the bidder must list a description of the Work, the name of the Subcontractor, its California contractor license number, the location of its place of business, its DIR registration number, and the portion of the Work that the Subcontractor is performing based on a percentage of the Base Bid price. DESCRIPTION OF WORK SUBCONTRACTOR NAME CALIFORNIA CONTRACTOR LICENSE NO. LOCATION OF BUSINESS DIR REG. NO. PERCENT OF WORK JFC Electric 1102510 7451 Galilee Rd, Ste. 130 Roseville, GA 966:7 1001021132 END OF SUBCONTRACTOR LIST ' For street or highway construction, this requirement applies to any subcontract of $10,000 or more. Service Center Electric Vehicle Infrastructure Project SUBCONTRACTOR LIST CIP #2025-01, NWS# ST069 Page 18 Noncollusion Declaration TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID The undersigned declares: I am the Director -Alternative Fuels [title] of LilyPad EV [business name], the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. This declaration is intended to comply with California Public Contract Code § 7106 and Title 23 U.S.0 § 112. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on Marr:h 5, 2026 [date], at Martinez [city], California [state]. s/ yYG.Qit Name [print] Frank Huerta END OF NONCOLLUSION DECLARATION Service Center Electric Vehicle Infrastructure Project NONCOLLUSION DECLARATION CIP #2025-01, NWS# ST069 Page 19 Bid Bond ("Bidder") has submitted a bid, dated 20 ("Bid"), to the City of Cupertino ("City") for work on the Service Center Electric Vehicle Infrastructure Project ("Project"). Under this duly executed bid bond ("Bid Bond"), Bidder as Principal and , its surety ("Surety"), are bound to City as obligee in the penal sum of ten percent of the maximum amount of the Bid (the "Bond Sum"). Bidder and Surety bind themselves and their respective heirs, executors, administrators, successors and assigns, jointly and severally, as follows: 1. General. If Bidder is awarded the Contract for the Project, Bidder will enter into the Contract with City in accordance with the terms of the Bid. 2. Submittals. Within ten days following issuance of the Notice of Potential Award to Bidder, Bidder must submit to City the following: 2.1 Contract. The executed Contract, using the form provided by City in the Project contract documents ("Contract Documents"); 2.2 Payment Bond. A payment bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Payment Bond form included with the Contract Documents; 2.3 Performance Bond. A performance bond for 100% of the maximum Contract Price, executed by a surety licensed to do business in the State of California using the Performance Bond form included with the Contract Documents; 2.4 Insurance. The insurance certificate(s) and endorsement(s) required by the Contract Documents; 2.5 Certificates of Reported Compliance. Valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, if applicable, in accordance with the In -Use Off -Road Diesel -Fueled Fleets Regulation (13 CCR § 2449 et seq.) ("Off -Road Regulation"), if the Project involves the use of vehicles subject to the Off -Road Regulation; and any other documents required by the Instructions to Bidders or Notice of Potential Award. 3. Enforcement. If Bidder fails to execute the Contract or to submit the bonds, insurance certificates, and valid Certificates of Reported Compliance as required by the Contract Documents, Surety guarantees that Bidder forfeits the Bond Sum to City. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows: Attn: Address: City/State/Zip: Phone: Fax: Email: 4. Duration and Waiver. If Bidder fulfills its obligations under Section 2, above, then this obligation will be null and void; otherwise, it will remain in full force and effect for 60 days following the bid opening or until this Bid Bond is returned to Bidder, whichever occurs first. Surety waives the provisions of Civil Code §§ 2819 and 2845. Service Center Electric Vehicle Infrastructure Project BID BOND CIP #2025-01, NWS# ST069 Page 20 This Bid Bond is entered into and effective on .20 SURETY: Business Name s/ Date Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) BIDDER: Business Name s/ Date Name, Title END OF BID BOND Service Center Electric Vehicle Infrastructure Project BID BOND CIP #2025-01, NWS# ST069 Page 21 Bidder's Questionnaire Service Center Electric Vehicle Infrastructure Project As part of the bid documents, a bidder must submit to City a completed, signed Bidder's Questionnaire using this form and all required attachments, including clearly labeled additional sheets as needed. City may request the Questionnaire from one or more of the apparent low bidders following the bid opening and may use the completed Questionnaire as part of its investigation to evaluate a bidder's qualifications for this Project. The Questionnaire must be filled out completely, accurately, and legibly. Any errors, omissions, or misrepresentations in completion of the Questionnaire may be grounds for rejection of the bid or termination of a Contract awarded pursuant to the bid. Part A: General Information Bidder Business Name LilyPad EV Main Office Address and Phone 4591 Pacheco Blvd, Martinez, CA 94553 Local Office Address and Phone 731 W Angus Ave, Orange, CA 92868 Website Address www.lilypadev.com Owner of Business Shields, Harper & Co. Contact Name and Title Frank Huerta - Director of Alternative Fuels Contact Phone and Email (619) - 850 - 1128 - Frank.huerta@lilypadev.com Bidder's California Contractor's License 1139079 Number(s): Bidder's DIR Registration Number 200007667 Check One: Corporation - State of incorporation: Partnership Sole Proprietorship Joint Venture of: X Other: L California Part B: Bidder Experience 1 How many years has Bidder been in business under its present business name? (in years) 17 years 2 Has Bidder completed projects similar in type and size to this Project as a general contractor? (Yes or No) Yes Service Center Electric Vehicle Infrastructure Project BIDDER'S QUESTIONNAIRE CIP #2025-01, NWS# ST069 Page 22 3 Has Bidder ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or federal law? (Yes or No) If yes, provide additional information on a separate sheet regarding the disqualification or No debarment, including the name and address of the agency or owner of the project, the type and size of the project, the reasons that Bidder was disqualified or debarred, and the month and year in which the disqualification or debarment occurred. 4 Has Bidder ever been terminated for cause, alleged default, or legal violation from a construction project, either as a general contractor or as a subcontractor? (Yes or No) If yes, provide additional information on a separate sheet regarding the termination, No including the name and address of the agency or owner of the subject project, the type and size of the project, whether Bidder was under contract as a general contractor or a subcontractor, the reasons that Bidder was terminated, and the month and year in which the termination occurred. Part C: Project Experience Provide information on at least three projects, performed as general contractor, that are similar in scope and character to this project. Three of the projects must be public sector projects. (Use separate sheets if required) Service Center Electric Vehicle Infrastructure Project BIDDER'S QUESTIONNAIRE CIP #2025-01, NWS# ST069 Page 23 Project #1 A Project name Mitra Downtown Ford Sacramento B Project location 1535 Howe Ave, Sacramento, CA 95825 C Project description: Design -build of two (2) DCFC, three (3) Level 2 chargers, and one battery energy storage system (BESS) D Client/Owner (name, address, email, and Mitra (525 S Hewitt St, Los Angeles, CA 90013 hone number Galina Russell, galina@mitra-ev.com, (786) 301-2159) E Prime contractor, if applicable (name, JFC Electric (Sam Darrow, 7451 Galilee Rd STE 130 address, email, and phone number) STE 130, Roseville, CA 95678, sam@jfcelectric.com (916)789-9311 F Architect or engineer (name, email, and Greenlancer (866) 436-1440 hone number G Project and/or construction manager (name, Shields, Harper & Co. (Frank Nieto, email, and phone number) frankn shieldshar er.com, 214 769-3870 H Scope of work performed (as general Design/engineering/permitting, civil work, installation, contractor or as subcontractor) procurement of chargers and services, commissioning I Initial contract price $ $450,000 J Final contract price (including change $ orders $480,000 K Original scheduled completion date N/A L Actual date of completion 9/1/2025 M Time extensions granted number of days) N/A N Number and amount of stop notices or mechanic's liens filed o O Amount of any liquidated damages 0 assessed against Bidder P Nature and resolution of any project -related claim, lawsuit, mediation, or arbitration N/A involving Bidder Q Other Notes Service Center Electric Vehicle Infrastructure Project BIDDER'S QUESTIONNAIRE CIP #2025-01, NWS# ST069 Page 24 Project #2 A Project name Navistar Tulsa Bus Plant B Project location 2322 N Mingo Rd, Tulsa, OK 74116 C Project description: Procurement and installation of 14 DC Fast charging stations D Client/Owner (name, address, email, and Navistar ( 2322 N Mingo Rd, Tulsa, OK 74116 hone number (918) 833-6072. E Prime contractor, if applicable (name, address, email, and hone number)N/A F Architect or engineer (name, email, and hone number)N/A G Project and/or construction manager (name, Shields, Harper & Co. (Frank Nieto, email, and phone number) frankn@shieldsharper.com, (214) 769-3870) H Scope of work performed (as general Procurement and installation of 14 DC Fast charging contractor or as subcontractor) stations I Initial contract price $ $1,000,000 J Final contract price (including change $ orders $1,000,000 K Original scheduled completion date 8/15/2023 L Actual date of completion 8/15/2023 M Time extensions granted number of days) 0 N Number and amount of stop notices or mechanic's liens filed 0 O Amount of any liquidated damages assessed against Bidder P Nature and resolution of any project -related claim, lawsuit, mediation, or arbitration N/A involving Bidder Q Other Notes Service Center Electric Vehicle Infrastructure Project BIDDER'S QUESTIONNAIRE CIP #2025-01, NWS# ST069 Page 25 Project #3 A Project name Maryland DGS B Project location Baltimore Maryland C Project description: Design -build of bus depot charging D Client/Owner (name, address, email, and Maryland Transit Administration (David Ebbing , hone number (248) 770-9889) E Prime contractor, if applicable (name, LilyPad EV address, email, and phone number F Architect or engineer (name, email, and hone number N/A G Project and/or construction manager (name, Shields, Harper & Co. (Frank Nieto, email, and phone number) frankn@shieldsharper.com, (214) 769-3870) H Scope of work performed (as general contractor or as subcontractor Design -build of bus depot charging I Initial contract price $ $3,000,000 J Final contract price (including change $ $3,200,000 orders K Original scheduled completion date 10/1/2025 L Actual date of completion 2/25/2026 M Time extensions granted number of days) 120 N Number and amount of stop notices or 0 mechanic's liens filed O Amount of any liquidated damages 0 assessed against Bidder P Nature and resolution of any project -related claim, lawsuit, mediation, or arbitration N/A involving Bidder Q Other Notes Service Center Electric Vehicle Infrastructure Project BIDDER'S QUESTIONNAIRE CIP #2025-01, NWS# ST069 Page 26 Part D: Safety 1. Provide Bidder's Experience Modification Rate (EMR) for the last three years: Year EMR 2023 0 2024 0 2025 0 2. Complete the following, based on information provided in Bidder's CalOSHA Form 300 or Form 300A, Annual Summary of Work -Related Illnesses and Injuries, from the most recent past calendar year: 2.1 Number of lost workday cases: 0 2.2 Number of medical treatment cases: 0 2.3 Number of deaths: 0 3. Has Bidder ever been cited, fined, or prosecuted by any local, state, or federal agency, including OSHA, CaIOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety? Yes or No? I No If yes, provide additional information on a separate sheet regarding each such citation, fine, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, fine, or prosecution, and the month and year in which the incident giving rise to the citation, fine, or prosecution occurred. 4. Name, title, and email for person responsible for Bidder's safety program: Name Title Email Address Jonalee Adriano Controller jadriano@shieldsharper.com Part D: Verification In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this Bidder's Questionnaire on behalf of the named Bidder, and that all responses and information set forth in this Bidder's Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: By. Frank Huerta - Director, Alternative Fuels Name and Title Date: 03/05/2026 END OF BIDDER'S QUESTIONNAIRE Service Center Electric Vehicle Infrastructure Project CIP #2025-01, NWS# ST069 BIDDER'S QUESTIONNAIRE Page 27 Bond No, 4482934 Premium: Included in Cost of Performance Bond The City of Cupertino ("City") and LilyPad EV, LLC ("Contractor") have entered into a contract for work on the Service Center Electric Vehicle Infrastructure Project ("Project"). The Contract is incorporated by reference into this Payment Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and MARKEL INSURANCE COMPANY its surety ("Surety"), are bound to City as obligee in an amount not less than $ $592,475.00 , under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. Surety's Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond. 4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety's obligations under this Bond will be null and void. Otherwise, Surety's obligations will remain in full force and effect. 5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: Markel Surety Address: 4521 Highwoods Parkway City/State/Zip: Glen Allen, VA 23060 Phone: 877-389-2105 Email: Sean Flinn(Warkel.com 6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. [Signatures are on the following page.] Service Center Electric Vehicle Infrastructure Project PAYMENT BOND CIP # 2025-01 NWSN ST069 Page 33 Effective Date; Execution. This Bond is entered into and is effective on April 21 2026. API MAKKEL INSURANCE COMPANY Business Name S/f .,_. April 21, 2026 Date Erica E. Mosley, Attorney -in -Fact Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) Lil Pad F4"LC Busi a Na e Gregory . Brown, Chief Financial Officer Name, Title S/ Name, Title Date END OF PAYMENT BOND Service Center Electric Vehicle Infrastructure Project PAYMENT BOND CIP # 2025-01 NWS# ST069 Page 34 STATE OF WASHINGTON COUNTY OF Pierce On April 21, 2026 SURETY COMPANY ATTORNEY -IN -FACT ACKNOWLEDGEMENT before me, the undersigned, a Notary Public in and for the State, personally appeared Erica E. Mosley known to me to be the duly authorized Attorney -in -Fact of the corporate Surety named in the within instrument, known to me to be authorized to execute that instrument on behalf of said corporation, known to me to be the person whose name is subscribed to such instrument as the Attorney -in -Fact of said corporation, and acknowledged to me that he she subscribed the name of said corporation thereto as Surety, and his er own name as Attorney -in -Fact and that said corporation executed the same. I certify under PENALTY OF PERJURY under the laws of the State of Washington that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL: Signature: Notary P blic fog of Washington. MEGAN ANN SCHL,AUDRAFF Notary Public State of Washington Commission # 21033396 My Comm. Expires Oct 4, 2029 (SEAL) Notary 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 CONW-n NSM On /A p l L 15, 20 26 , before me, appeared S'��h�nie 1,� Na�u�l�(�Otary Public, personally 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. KARLA STEPHANIE LUNA Notary Public - California Contra Costa County 9 Commission M 2494660 .ay Comm. Expires Jul 15. 2020 WITNESS my hand and official seal. Signature o lic I:Ma016] il 111-4 Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACKED DOCUMENT ❑ Individual Corporate Officer or Type of Document ❑ Partner(s) E Limited E General Number of Pages Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator Dale of Document ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Than Named Above POA# 510013 KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company'), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Stephanie Worden, Teri L. Koehler, Erica E. Mosley Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Five Million and 00/100 Dollars ($5,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 18th day of February , 2026 SureTec Insurance Company S\3RANC ``s0\3r 1",t Marke •1'urat ice Comp,? y Zkr RANC IW1w -� Y• SEAL + %�6' : 2 B + By:5 s •,, 1 Michael C. Keimig, President �i M *� �'�,.p iindey lennin`fVice President State of Texas County of Harris: On this 1em day of February , 2026 A. D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. KALLYSTA DANAE WHEELER p �� �, Notary Public State of Texas Commission # 135531601 •'-„,FOF�;,. Kallyst anae Wheeler, Notary Public Commission Expires 9/8/2029 My commission expires 9/8/2029 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing Is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies on the 21 st day of April 2026 SureTec Insurance Company M. Brent Beaty, Assistant Secretary By: Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 510013 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. Bond No. 4482934 Premium: $8,005.00 Performance Bond The City of Cupertino ("City") and LilyPad EV, LLC ("Contractor") have entered into a contract for work on the Service Center Electric Vehicle Infrastructure Project ("Project"). The Contract is incorporated by reference into this Performance Bond ("Bond"). 1. General. Under this Bond, Contractor as principal and MARKEL INSURANCE COMPANY its surety ("Surety"), are bound to City as obligee for an amount not less than $592,475.00 to ensure Contractor's faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor. 2. Surety's Obligations. Surety's obligations are co -extensive with Contractor's obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety's obligations under this Bond will become null and void. Otherwise, Surety's obligations will remain in full force and effect. 3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. 4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract. 5. Contractor Default. Upon written notification from City of Contractor's termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action: 5.1 Arrange for completion of the Work under the Contract by Contractor, with City's consent, but only if Contractor is in default solely due to its financial inability to complete the Work; 5.2 Arrange for completion of the Work under the Contract by a qualified contractor acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety's expense; or 5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City's costs to have the remaining Work completed. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety's default, including legal, design professional, or delay costs. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows: Attn: Markel Surety Address: 4521 Highwoods Parkway Service Center Electric Vehicle Infrastructure Project PERFORMANCE BOND CIP # 2025-01 NWS# ST069 Page 35 City/State/Zip: Glen Allen, VA 23060 Phone: 877-389-2105 Fax: N/A Email: Sean.Flinn@Markel.com B. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Santa Clara County Superior Court, and no other place. Surety will be responsible for City's attorneys' fees and costs in any action to enforce the provisions of this Bond. Effective Date; Execution. This Bond is entered into and effective on April 21 . 2026. SURETY: MARKEL INSURANCE COMPANY Business Name S/ ( "sue rt April 21, 2026 Date Erica E. Mosley, Attorney -in -Fact Name, Title (Attach Acknowledgment with Notary Seal and Power of Attorney) LilyPad EV, LLC Business Name ✓." S/ r Gregory M. Brown, Chief Financial Officer Name, Title s/ Name, Title r 71-1 Date -lW e a ` ` = :4• Service Center Electric Vehicle Infrastructure Project PERFORMANCE BOND CIP #i 2025-01 NWS# ST069 Page 36 SURETY COMPANY ATTORNEY -IN -FACT ACKNOWLEDGEMENT STATE OF WASHINGTON COUNTY OF Pierce On April 21, 2026 , before me, the undersigned, a Notary Public in and for the State, personally appeared Erica E. Mosley known to me to be the duly authorized Attorney -in -Fact of the corporate Surety named in the within instrument, known to me to be authorized to execute that instrument on behalf of said corporation, known to me to be the person whose name is subscribed to such instrument as the Attorney -in -Fact of said corporation, and acknowledged to me that he (D subscribed the name of said corporation thereto as Surety, and his er own name as Attorney -in -Fact and that said corporation executed the same. I certify under PENALTY OF PERJURY under the laws of the State of Washington that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL: Signa , Not-, MEGAN ANN SCHLAUDRAFF Notary Public State of Washington Commission # 21033396 My Comm. Expires Oct 4, 2029 (SEAL) .i91lam: ; 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 CA IFORNIA COUNTY OF Loop OSiR QvWlc On 9`l',, 1�f ��� , 2026 , before me, d 'PV*hie LUM-N K, Notary Public, personally appeared G�iio M •(i7�W -Lo 0 Oi®d �II(�1� 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KARLA 5TEPHANIE LUNA z Notary Public • California Contra Costa County > Commission d 2494660 My Camm. Expires Jul 15. 2026 WITNESS my ha and official seal. Signature of N ry Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual ❑ Corporate Officer Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator Date of Document ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above POA# 510013 KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company'), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Stephanie Worden, Teri L. Koehler, Erica E. Mosley Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Five Million and 00/100 Dollars ($5,000,000,00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 18th day of February , 2026 . SureTec Insurance Company " '° `�%W 11111" Marke . urance Comp a y \?SVRANCF� `\\��P .....P � ..•,. t ' Ig SEAL ,n ? By: k1V Michael C. Keimig, President ` • �, �.�� ? I Jennin Vice President f/ «.,..,,* „ter`" ''nrrf*�nsP• /f State of Texas County of Harris: On this lath day of February , 2026 A. D„ before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. r p. "LLYSTA DANAE WHEELER 1 t ��I Notary Public State of Texas Ga B Commission # 135531601 Y• Kallys&anae Wheeler, Notary Public Commission Expires 9/8/2029 My commission expires 9/8/2029 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 21 st day of April 2026 SureTec Insurance Company B :{� V :+ By: M. Brent deaty, Assistant Secretary sy: Insurance Company v r Marquis, Assistant Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 6.10013 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and S:00 PM CST. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Contra Costa On April 23, 2026 before me, Karla Stephanie Luna - Notary Public C (insert name and title of the officer) personally appeared Gregory M. Brown - CFO on behalf of LilyPad EV, LLC 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. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. KARLA STEPHANIE LUNA Notary Public • Calffornla Contra Costa County Commisslon 0 2494660 , y Comm. Expires J�, 1 S, 2026 Signature (Seal) CITY OF 19 CUPERTINO April 15, 2026 Frank Huerta Lilypad EV 4591 Pacheco Blvd. Martinez, CA 94553 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 • FAX: (408) 777-3333 CUPERTINO.ORG Re: Notice of Potential Award Service Center Electric Vehicle Infrastructure Project Dear Mr. Huerta: I am pleased to inform you of the intent to recommend that the City Council or its authorized designee award the Contract for the above -referenced Project ("Project") to Lilypad EV ("Contractor") for the Contract Price of $592,475.00, based on Contractor's Bid Proposal submitted on March 5, 2026. A draft copy of the Contract accompanies this Notice. Contractor must return the required Payment Bond and Performance Bond, insurance certificates and endorsements, W-9 form and valid Certificates of Reported Compliance for its fleet and its listed Subcontractors, as required under the California Air Resources Board's In -Use Off -Road Diesel -Fueled Fleets Regulation (13 CCR § 2449 et seq.), if applicable, no later than ten days from the date of this Notice of Potential Award, above. The Contract will be routed for electronic signature via email. The Contract must be signed by the Contractor within three working days after the Contract is provided electronically for signature. Please provide the names and titles of two signatories for this Contract and their email addresses. Failure to provide the required bonds, insurance documentation, and valid Certificates of Reported Compliance within the specified time could result in forfeiture of Contractor's bid security. This Notice of Potential Award does not bind the City to award the Contract. The City, acting through its City Council or authorized designee, reserves the right to reject any or all bids, and the right to decline to award the Contract, notwithstanding any staff recommendation. Unless expressly authorized or required to engage in any pre -construction activities, such as preparing submittals, Contractor must not commence Work until directed by the Notice to Proceed and will not be entitled to compensation or credit for any Work performed before the date specified in the Notice to Proceed. Please acknowledge receipt of this Notice of Potential Award by signing the attached Acknowledgement of Notice of Potential Award, as indicated, and transmitting the Acknowledgement to my office via email at: iimmyt@cupertino.gov. Do not hesitate to contact me if you have any questions in this regard. Sincerely, Jimmy Tan, P.E. Assistant Director of Public Works Enclosure Acknowledgement of Notice of Potential Award On behalf of Lilypad EV ("Contractor"), I acknowledge receipt of the Notice of Potential Award for the Service Center Electric Vehicle Infrastructure Project: Name: Frank Huerta Title: Director, Alternative Fuels Date: 04/15/2026 Contract This public works contract ("Contract") is entered into by and between the City of Cupertino ("City") and Lilypad EV ("Contractor"), for work on the Service Center Electric Vehicle Infrastructure Project ("Project"). The parties agree as follows: 1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On April 21, 2026, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below. 2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract. 2.1 Notice Inviting Bids; 2.2 Instructions to Bidders; 2.3 Addenda, if any; 2.4 Bid Proposal and attachments thereto; 2.5 Contract; 2.6 Payment and Performance Bonds; 2.7 General Conditions; 2.8 Special Conditions; 2.9 Project Plans and Specifications; 2.10 Change Orders, if any; 2.11 Notice of Potential Award; 2.12 Notice to Proceed; and 2.13 The following: 3. Contractor's Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents. 4. Payment. As full and complete compensation for Contractor's timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $592,475.00 ("Contract Price") for all of Contractor's direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions. 5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 180 calendar days from the start date set forth in the Notice to Proceed ("Contract Time"). By signing below, Contractor expressly waives any claim for delayed early completion. 6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of $1.000 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City's payments due or to become due to Contractor under this Contract. 7. Labor Code Compliance. 7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers' compensation insurance, as further specified in Article 9 of the General Conditions. 7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR. 7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions. 8. Workers' Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: "I am aware of the provisions of Labor Code § 3700 which require 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 performance of the Work on this Contract." 9. Conflicts of Interest. Contractor, its employees, Subcontractors, and agents may not have, maintain, or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract. 10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City. 11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows: City: Public Works Department 10300 Torre Avenue Cupertino, CA 95014 408-777-3269 Attn: Jimmy Tan, P.E. "imm t cu ertino. ov Copy to: Contractor: Name Lilypad EV Address 4591 Pacheco Blvd. City/State/ZipCity/StatelZip Martinez, CA 94553 Phone 619-850-1128 Contact name Frant Huerta Contact email address frank.huerta@lilypadev.com CC Contact name CC Contact email address 12. General Provisions. 12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City's written consent. This Contract is binding on Contractor's and City's lawful heirs, successors and permitted assigns. 12.2 Third Party Beneficiaries. There are no intended third -party beneficiaries to this Contract. 12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Santa Clara County Superior Court, and no other place. Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Santa Clara County, California. 12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. 12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. 12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect. 12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the "Act"), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act. 12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporations Code § 313. [Signatures are on the following page.] The parties agree to this Contract as witnessed by the signatures below: CITY: Approved as to form: s/ s/ Name, Title Name, Title Date: Date: Attest: s/ Name, Title Date: CONTRACTOR: Business Name s/ Seal: Name, Title Date: Second Signature (See Section 12.8): s/ Name, Title Date: Contractor's California License Number(s) and Expiration Date(s) END OF CONTRACT A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 5/27/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER (SM) Heffernan Insurance Brokers 1820 Gateway Drive, Suite 330 San Mateo CA 94404 CONTACT NAME: PHONE FAX A/C No Ext : 650-842-5200 A/C No): 650-842-5201 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Westchester Surplus Lines Insurance Company 10172 License#: 0564249 INSURED SHIEHAR-01 LilyPad EV, LLC 4591 Pacheco Blvd. INSURERB: Continental Insurance Company 35289 INSURER C : American Casualty Company of Reading, 20427 INSURERD: National Fire Insurance Company of Hartford 20478 Martinez CA 94553 INSURER E: Homesite Insurance Company 17221 INSURER F : COVERAGES CERTIFICATE NUMBER: 1314921145 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y G27572480 012 5/1/2026 5/1/2027 EACH OCCURRENCE $1,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO PREMISES(E. occur ante)$ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jE LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY Y Y 8044800792 5/1/2026 5/1/2027 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A UMBRELLA LIAB X OCCUR Y Y G27572492 012 5/1/2026 5/1/2027 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ C D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N Y 8044800811 8044800825 5/1/2026 5/1/2026 5/1/2027 5/1/2027 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Cyber Liability YPB-706377-00 4/29/2026 4/29/2027 Limit 2,000,000 A A Professional Liability Pollution Liability G27572480 012 G27572480 012 5/1/2026 5/1/2026 5/1/2027 5/1/2027 Limit Limit 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Service Center Electric Vehicle Infrastructure Project. The City of Cupertino, including its Council, officials, officers, employees, agents, volunteers, and consultants are included as an additional insured (primary & non-contributory) on the General Liability policy and included as an additional insured on the Automobile Liability policy per the attached endorsement, if required. The Umbrella Liability policy follows the General Liability and Automobile Liability coverages for additional insured and primary & non-contributory as per the policy forms, if required, and follows the General Liability, Automobile Liability, and Workers Compensation coverages for Waivers of Subrogation as per the policy forms, if required. Waiver of Subrogation is included on General Liability, Automobile Liability, and Workers Compensation policies per the attached endorsements, if required. The 30-Day Notice of Cancellation endorsement on the General Liability policy is attached. This certificate replaces and supersedes any previously issued certificate. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Cupertino ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department AUTHORIZED REPRESENTATIVE 10300 Torre Avenue Cupertino, CA 95014-3255 �— f ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE POLICY NUMBER: G27572480 012 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations As required by written contract, prior to a loss to which As required by written contract, prior to a loss to which this insurance applies this insurance applies Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such 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 insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Westchester A Chubb Company PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Named Insured Endorsement Number Shields, Harper & Co. Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G27572480 012 05/01/2026 to 05/01/2027 05/01/2026 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy, provided that: a. The additional insured is a named insured under such other insurance; and b. You have agreed in a written contract or agreement that this insurance would: (1) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3252 (12-18) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page i of 1 (266562.1) CHUBB® Named Insured Endorsement Number Shields, Harper & Co. Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G27572480 012 05/01/2026 to 05/01/2027 05/01/2026 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: As required by written contract, prior to a loss to which this insurance applies (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03-05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 CHUBS° Named Insured Endorsement Number Shields, Harper & Co. 001 Policy Symbol Policy Number Policy Period Effective Date of Endorsement GLW G27572480 012 05/01 /2026 to 05/01 /2027 05/04/2026 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO SPECIFIC PARTIES ENDORSEMENT SCHEDULE City of Cupertino Public Works Department 10300 Torre Avenue Cupertino, CA 95014-3255 If we decide to cancel this policy on or before the expiration date shown on the Declarations Page, we will mail to the person(s) or organization(s) shown in the Schedule above, written notice of cancellation not less than 30 days prior to cancellation or 10 days for non-payment of premium. ENV-3126 (08-04) Page 1 of 1 CNA 1 Business Auto Policy Policy Endorsement It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. You must agree to that requirement prior to an "accident" or "loss". 1. In conformance with paragraph A.1 .c. of Who Is An Insured of section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non- contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Policy No: BUA 8044800792 Endorsement Effective Date: 05/19/2026 Policy Effective Date: 05/01/2026 Endorsement No: Underwriting Company: The Continental Insurance Company, 151 Franklin St, Chicago, IL 60606 © Copyright CNA All Rights Reserved. CNA 1 Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: SHIELDS, HARPER & CO. Endorsement Effective Date: 05/01 /2026 SCHEDULE Name(s) Of Person(s) Or Organization(s): City of Cupertino; Public Works Department; Re: Service Center Electric Vehicle Infrastructure Project. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No: BUA 8044800792 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/01 /2026 Endorsement No: 24; Page: 1 of 1 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 ° Copyright Insurance Services Office, Inc., 2011 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement 1 This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 3%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B (11-1997) Policy No: WC 8 44800811 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 05/01 /2026 Endorsement No: 2; Page: 1 of 1 Policy Page: 38 of 51 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 ° Copyright CNA All Rights Reserved. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement RP WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 2; Page: 1 of 1 Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 Policy No: WC 8 44800825 Policy Effective Date: 05/01 /2026 Policy Page: 108 of 156 Copyright 1983 National Council on Compensation Insurance. LiliPad EV for Service Center Electric Vehicle Infrastructure Project Final Audit Report 2026-06-18 Created: 2026-06-09 By: Webmaster Admin (webmaster@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAAfXNHFJKjLhuDrgreAgRNAQsFfrSS-vut "LiliPad EV for Service Center Electric Vehicle Infrastructure Pro ject" History Document created by Webmaster Admin (webmaster@cupertino.org) 2026-06-09 - 7:58:42 PM GMT- IP address: 35.229.54.2 Document emailed to Jindy Gonzalez (jindyg@cupertino.org) for approval 2026-06-09 - 8:03:48 PM GMT Email viewed by Jindy Gonzalez Qindyg@cupertino.org) 2026-06-09 - 8:04:03 PM GMT- IP address: 98.94.96.136 &0 Document approved by Jindy Gonzalez Qindyg@cupertino.org) Approval Date: 2026-06-09 - 8:08:15 PM GMT - Time Source: server- IP address: 71.198.170.154 Icy Document emailed to aracelia@cupertino.org for approval 2026-06-09 - 8:08:19 PM GMT Email viewed by aracelia@cupertino.org 2026-06-09 - 8:08:29 PM GMT- IP address: 75.101.192.6 Signer aracelia@cupertino.org entered name at signing as Araceli Alejandre 2026-06-10 - 0:24:06 AM GMT- IP address: 71.202.76.156 &5g Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2026-06-10 - 0:24:08 AM GMT - Time Source: server- IP address: 71.202.76.156 + Document emailed to Frank Huerta (frankh@shieldsharper.com) for signature 2026-06-10 - 0:24:13 AM GMT Email viewed by Frank Huerta (frankh@shieldsharper.com) 2026-06-10 - 0:24:42 AM GMT- IP address: 72.153.153.71 Powered by Adobe c�rerrrinv Acrobat Sign Email viewed by Frank Huerta (frankh@shieldsharper.com) 2026-06-16 - 2:58:34 PM GMT- IP address: 104.47.73.254 dp Document e-signed by Frank Huerta (frankh@shieldsharper.com) Signature Date: 2026-06-16 - 8:50:05 PM GMT - Time Source: server- IP address: 69.204.82.22 - Signature Appearance Selected: IMAGE C'► Document emailed to Greg Brown (gbrown@shieldsharper.com) for signature 2026-06-16 - 8:50:11 PM GMT Email viewed by Greg Brown (gbrown@shieldsharper.com) 2026-06-16 - 8:50:32 PM GMT- IP address: 72.153.230.151 da Document e-signed by Greg Brown (gbrown@shieldsharper.com) Signature Date: 2026-06-16 - 8:55:55 PM GMT - Time Source: server- IP address: 76.14.93.226 - Signature Appearance Selected: IMAGE Document emailed to michaelw@cupertino.org for signature 2026-06-16 - 8:55:59 PM GMT Email viewed by michaelw@cupertino.org 2026-06-16 - 8:56:13 PM GMT- IP address: 35.153.39.5 Signer michaelw@cupertino.org entered name at signing as Michael K Woo 2026-06-17 - 1:33:04 AM GMT- IP address: 64.165.34.3 Document e-signed by Michael K Woo (michaelw@cupertino.org) Signature Date: 2026-06-17 - 1:33:06 AM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Document emailed to tinak@cupertino.org for signature 2026-06-17 - 1:33:12 AM GMT Email viewed by tinak@cupertino.org 2026-06-17 - 1:33:21 AM GMT- IP address: 44.222.101.220 Email viewed by tinak@cupertino.org 2026-06-18 - 6:46:28 PM GMT- IP address: 54.237.102.56 Signer tinak@cupertino.org entered name at signing as Tina Kapoor 2026-06-18 - 7:28:36 PM GMT- IP address: 174.194.136.207 Document e-signed by Tina Kapoor (tinak@cupertino.org) Signature Date: 2026-06-18 - 7:28:38 PM GMT - Time Source: server- IP address: 174.194.136.207 - Signature Appearance Selected: MOBILE —DRAW Document emailed to laurens@cupertino.org for signature 2026-06-18 - 7:28:44 PM GMT Powered by Adobe c�rerrrinv Acrobat Sign Email viewed by laurens@cupertino.org 2026-06-18 - 7:28:53 PM GMT- IP address: 100.53.183.231 do Signer laurens@cupertino.org entered name at signing as Lauren Sapudar 2026-06-18 - 7:34:01 PM GMT- IP address: 64.165.34.3 0(c1 Document e-signed by Lauren Sapudar (laurens@cupertino.org) Signature Date: 2026-06-18 - 7:34:03 PM GMT - Time Source: server- IP address: 64.165.34.3 - Signature Appearance Selected: TYPE Agreement completed. 2026-06-18 - 7:34:03 PM GMT Powered by FM- I � Adobe cvrLr Ihv Acrobat Sign