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18-106 St. Francis Electric, Installation of 10 Traffic Signal LoopsCITY OF CUPERTINO I. PARTIES PUBLIC WORKS CONTRACT $45,000 OR LESS This public works contract ("ConLracC) is made and entered into on _5_/2_/_1_8 _______ _ (''EITective Date ") by a nd betvveen the City or Cupertino , a municipal corporation ("City"), and St. Francis Electric , a Corporation ("Contractor '·) for In sta llation or IO Traffic SiQnal Loops 2. SCOPE OF WORK Contractor \Viii perform and provide all labor. materials, equ ipment , supplies. transportation and any other items o r work nece ssary to perform and complete the work required for the Project ("v\/ork"), as required in the Scope of Work, attached here and incorporated as Exhibit A. and in accordance with the terms and conditions of this Contract. 3. TIME FOR COMPLETION 3.1 Term. This Contract begins on the Effective Date and ends on 6/3 0/2 018 --------- ("Co ntract Time'') unless terminated earlier as provided herein. Contractor's Work s hall beg in on the date s hown on a written Notice to Proceed ("NTP'') and must be fully completed within the Contract Time oron th e date specifically prnvicled in the Notice to Proceed. The City Engineer will not issue a NTP until the Contract is fully executed by both parties and City has recei ved satisfoctory proof of insurance and any performance and pa ymen t bonds that may be required. 3.2 Time is of the essence for Contractor's performance and comp leti on of the Work. Contractor must have sufficient time , re sou rces , and qualified staff to de liver the work on time . 3.3 Liquidated damages of $500.00 will be charged for each clay of unexcus ed delay, or City may ded uct the amount from Contractor's pa y ments. Liquidated damages arc based 011 reasonably foreseeable consequences of delay and may include intangible losses which the Parties agree may be difficult t6 ascertain, such as loss of public confidence in City and its contractors , interference or lo ss or use or public faci I ities, and extended disruption to the pub I ic. 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory per!c.mnance of the Work an amount that will based on actual costs but that will be capped so as not to exceed $5 .000.00 ("Contract Price''). for all of Contractor's direct and indirect costs, including all labor , 111aterials , suppl ie s, equipment, taxes, in s urance , bonds and all overhead costs. 4.2 Invoices and Payments . Contractor 111ust submit an invoice on the first day of each 111011th, describing the Work performed during the preceding month, itemizing labor, materials , equipment and Public Works Project Traffic Signal Loop Installation Public Works Contract $45,000/Rev. Nov 3. 2017 l'ag ~ I or 11 any incidental costs incurred. Contractor will be paid 95% of the undisputed amou nt s billed within 30 days atter C it y receives a properly sub mitted in vo ice. Any retain ed amounts will be included with Contractor 's final payment \vi thin 60 da ys of City's acceptance of the \Vork as complete. 5. INDEPENDENT CONTRACTOR 5.1 Status. Co ntract or is an independent contractor and not an employee of City. Contractor is so lely responsible for the mean s and methods or performing the Work and for the person s under this employment. Contractor is not entitled to worker's compensation or any other Cit y benefits. 5.2 Contractor's Qualifications. Contractor warrants on behal I' of itself and its subcontractors that they have the qualifications and skills to perform the Work in a competent and professional manner and according to the highest standards and best practices in the industry . 5.3 Perm its and Licenses. Contractor warrants on behalf of itse If and its subcontractors that they are properl y licen sed, registe red, and /or certified to perform the Work as req uired by law, and have procured a City Business License. Contractor shall posses s a California Contracto r's License in good standing for the following classification(s): Class A or Class C-10 , which must remain va lid for the entire Contract Time. 5.4 Subcontractors. Only Contractor's employees are authorized to \Nork under this Contract. Prior written approval from City is required for any subcontractor, a nd the terms and conditions of this Contra ct will apply to any approved subcontractor. :,.:, Tools, Materials and Equipment. Contractor will supp ly all tools, materials and equipment required to perform the Work und er thi s Contract. 5.6 Payment of Taxes. Contractor must pay income taxe s on the money earned under this Contract. Upon City's request , Contractor will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of thi s Contract. 6. CHANGE ORDERS Amendments and change orders must be in writing and signed by City and Contractor. Contractor 's request for a change order must specilY the proposed changes in the Work, Contract Price , and Contract Time. Each request must include all the supporting documentation , including but not limited to plans/drawings, detailed cost estimates, and impacts on schedule and completion date . 7. ASSIGNMENTS: SUCCESSORS Contractor shall not assign. hy pothecate. or transfer thi s Contract or any inte1 ·cst therein. directly or indirectl y, by operation of law or otherwise. without prior written consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Contractor as a le ga l entity is considered an assignment of th e Contract and subject to City approval, which shall not be unreasonably withheld. Control mean s fifty percent (50%) or more of the voting power of the business entity. This Contract is binding on Contractor. its heirs , successors and permitted assigns Public Works Project Traffic Signal Loop Installation Public Works Contract $45.000 /Rev. Nov 3. 2017 !'age 2 or l l 8. PUBLICITY/ SIGNS f\ny publicity generated by Contractor for the Project during the Contract Time , and for one year thereafrer must credit City contributions to the Project. The words '·City of Cupertino" must be displayed in all pieces of publicity, flyers. press releases, posters, brochures, intervievvs, public service announcement s and newspaper t=1rticles . No signs 111t=1y be posted or displayed on or about City properly , excepl signage required by law or this Contract , without prior written approval from the City. 9. SUBCONTRACTORS 9.1 Contractor must perform all the Work with its own forces , except that Contractor may hire qualified subcontractors to perform up to 20 % ol 'the Work. provided that each subcontractor is required by contract to be bound by the provisions of this Contract. Contractor must provide City with written proof of compliance with this provision upon request. 9.2 City ma y reject any subcontractor of any tier and bar a subcontractor from performing Work on the Project, if City in its sole discretion determines that subcontractor's Work falls short of the requirements of this Contract or constitutes grounds for r~jection under Public Contract Code Section 4107. If City rejects a subcontractor, Contractor at its own expense must perform the subcontractor 's 'Nork or hire a new subcontractor that is acceptable to City . f\ Notice of Completion must be recorded within 15 days after City accepts the Work if the Contract involves work by subcontractors. 10. RECORDS AND DAILY REPORTS 10.1 Contractor must rnaintain daily reports of the Work and submit them to City upon request and at completion of Project. The reports must describe the Work and specific tasks performed, the number of workers, the hours, the equipment, the weather conditions, and any circumstances affecting performance. City will have ownership of the reports , but Contractor will be permitted to retain copies. 10 .2 If applicable, Contractor must keep a sepmate set or as-built drawings showing changes and updates to the Scope of Work or the original drawings as clrnnges occur. Actual locations to scale must be identiliecl for all major components of the Work , including mechanical , electrical and plumbing work; 1-JVf\C systems ; utilities and utility connections; and any other components City determines should be included in the final drawings ol'the Project. Deviations from the original drawings must be shown in detail. and the location of all main runs , piping, conduit. duct\·vork. and drain lines must be shown by dimension and elevation . 10.3 Contractor must maintain complete and accurate accounting records of its 'vVork, in accordance with generally accepted accounting principles, which must be available for City re v iew and audit , kept separate from other records, and maintained for folll' years from the date of City's final payment. Public Works Project Traffic Signal Loop Installation Public Works Contract $45 .000 /Rev . Nov 3. 2017 !'age 3 of' 11 11. INDEMNIFICATION 11.1 To Lhe l'ullest exlenl allowed by law. and except for lo sses caused by the sole and activ e negligence or willful misconduct of City personnel, Contractor shall incfemnil'y. defend. and hold hmm les s City , its City Council, boards and commissions , officers, officials, employees , agents, se rva nts , volunteers and consultanls ("lndemnitees"), Lhrough legal counsel acceptable to City, from and against any and all liability , da mages , claims, slop notices, actions , causes of action , demands , charges, losses and expenses (including attorney fees , legal costs and expenses related to litigation and dispute resolution proceedings), of every nalure arising directly or indirectly from this Contract or in a ny manner relating to an y or the following: (a) Breach of contract, obligations, representations or warranties; (b) Performance or nonperformance of the Work or of any obligations under the Contract by Contractor, its employees, agents , se rva nt s, subcontractors or subcontractors; (c) Payment or nonpayment by Contractor or its subco ntractors or sub -subcontractors for Work performed on or off the Project Site: and (d) Personal injury, property damage , or economic lo ss resulting from the work or pe rformance of Contractor or its subcontractors or sub-subcontractors . ll.2 Contractor must pay the costs City incurs in enforcing this pro vision. Contractor must accept a tender of defen se upon receiving no tice from City of a thi rel-party claim. in accordance with California Public Contract Code Section 920 I . At City·s request. Contractor will assist City in the defens e of a claim, dispute or la ws uit arising out of thi s Contract. 11.3 Contractor's duties under th is entire Section are not I im ited to Contract Price, Workers' Compensation or other employee benefits, or the insurance and bond coverage required in this Contract. Nothing in the Contract shall be construed to give rise to any implied right of indemnity in favor of Contractor against City or any other Jndemnitee. ll.4 Contractor's payments may be deducted or offset to cover any mone y the City lost due to a claim or counterclaim arising out of this Contract, a purcha se order or other transaction. 12. INSURANCE Conlraclor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit B. Contractor mu st provide satisfoctory prnof of' insurance and maintain it for the Contract Time or longer as required by City. City will not execute the Contract until Cily has approved receipt of satisfactory certificates of insurance and endorsements evidencing the type , amount, class of operations covered, and the efleclive and expiration date s or coverage . Failure to comply with this provision may result in City. at it s sole discretion and without notice, purchasing insurance at Contractor's expense , deducting the costs from Contractor's compensation, or terminating the Contrnct. Public Works Project Traffic Signal Loop Installation Public Works Contract $45 . 000 !Rev. Nov 3. 2017 l'agl.! ~ 01· 11 13. COMPLIANCE \VITH LAWS 13.l General Laws. Contractor sha ll comp ly with all laws and regulations applicable to this Contract. Contractor ,.viii prompt ly notify City of' change s in the law or other conditions that ma y affect the Project or Contractor's ab ility to perform . Contractor is re s ponsible for verifying the emplo yme nt status or employees performing the Work , as required by th e Immigrati on Reft)1·m and Control Act 13.2 Labor Laws. (a) Contracts of$1 ,000 or more are subject to the requirements of"the California Labor Code, including but not limited to: (i) Prevailing ,vage law s under Labor Code Section 1775 , \Vhich require Contractor to pay prevailing wages applicable in Santa Clara County for each craft, classification , or type of worker needed to perform the Work , including health, pen s ion and va cation . The prevailing wage rates are on file with the City Engineer's office and arc available online at Li.un~i!:S"'.~\_".Y __ (lj1:~:~!,2l:~'I D_LSR_; (ii) Apprenticeship requirements und e r Labor Code Section 1777 .5 for Contacts $30,000 or more ; (iii) Maintain certified payroll records in accordance with Labor Code Sections 1776 and 1812 , and electronically submit them to the Labor Commissioner as required by the regulations of California, Department of Industrial Relation s ("DIR"): (iv) Comply with DIR Monitoring , Enforcement and Registration requirements of Labor Code Section 1725.5. (b) Contractor must compensate workers who are paid less than prevailing wages or required to work more than a legal day's work. Contractor will also be required to pay City a penalty of $200.00 per worker for each day of violation_ ( c) As required by Labor Code Section I 861, by signing th is Contract Contractor certi lies as follows: ·'I arn aware of" Labor Code Section 3700 which requires every employer lo be insured against liability for workers ' compensation or to undertake sell'-insurance in accordance with the provision s of that code, and I wi ll comply with such provisions before comrnencing the Work on this Contract.'· 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race _. religious creed, color, ancestry . national origin , ethnicity. handicap, disability, marital status. pregnancy. age, sex, gender, sexual orientation , gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or an y other protected c la ssi fication . Contractor shall comply with all anti-discrimination law s, including Covernrnent Code Sections 12900 and I 1135. and Labor Code Sections 1735 , 1777 and 3077.5 . Consistent wit h City polic y prohibiting harassment and disnimination , Contractor understands that harassment and discrimination directed toward a job applicant , an emp loyee. a City employee, or any other person , by Contractor or Contractor's employees or sub-contractors vvill not be tolerated. Public Works Project Traffic Signal Loop Installation Public Works Contract $45,000/Rev. Nov 3. 2017 l'ag..: 5 01· 11 13.4 Conflicts of Interest. Contractor, its employees, s ubcontractors, se rvant s and agents. may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of law , including Government Code section I 090 and Government Code sec tion 81000 and their accompanying regulation s. No officer, official , employee, consultant, or other agent of the City ("'City Representative ") may have. maintain, or acquire a ·'financial interest" in the Contract, as that term is defined by stale law , or in violation of a City ordinance or policy while serving as a City Representative or for one year thereafter. Contractm, its employees , subcontractors , servants and agents warrant they are not employees of City or have any relationship with City officials. officers or employees that creates a conflict 01· interest. Contractor may be required to file a conflict of interest form if it makes certain governmental decisions or serves in a stafTcapacity, as defined in section 18700 of the California Code of' Regulations. Contractor agrees to abide by City rules governing gifts to public officials and employees . 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments , requiring reimbursement, or terminating the Contract. City re se rves all rights and remedies under the lmv and this Contract , including seeking indemnification. 14. BONDS For contracts of $25,000 or 111ore , Contractor must obtain a payme nt bond and a perfor111ance bond , each in the penal su m of' J 00% of the Contract Price. us ing the Bond Forms attached and incorporated here as Exhibit C. Each bond must be issued by a surety admitted in California , with a financial rating from A.M. Best Company of Class A-or higher, or as otherwise acceptable to City. If an issuing surety cancels a bond or becomes in solve nt , Contractor 111ust provide a substitute bond from a surety acceptable to City within seven calendar days after written notice from City. If Contractor fails to do so , City ma y in its sole discretion and without prior notice, purchase bonds at Contractor's expense, deduct the cost from payments clue Contractor. or terminate the Contract. City \.viii not execute the Contract nor issue the NTP until the required bonds are submitted. 15. UTILITIES, TRENCHING AND EXCAVATION 15.l Contractor mu st call the Underground Service Alert ("USA") 811 hotline and request marking of utility locations before digging or commencing Work. For underground service alerts for street lighting and trafTic signal conduits, City's Service Center must be called at (408) 777-3269. Government Code Section 4215 requires Contractor to notify City and Utility in writing if it discovers utilities or utility facilities not identified in the Contract. 15.2 Pursuant to Government Code Section 7104 , Con tractor must stop work, no ti ry City in writing, and wait for instructions ifone ol 'the conditions below is found at the worksite. City will work with Contractor to amend the Contract or issue a change order if the discovered conditions materially change the W ol'i<f Performance. Contract Ti me or Contract Price. (a) Material believed to be hazardous waste under Health and Safety Code Section 25117, and ,vhich requires removal to a Class I , Class II . or Class Ill disposal site pur s uant to law ; (b) Subsurface or latent physical conditions at the Project worksite differing from those indicated by information about the ,vorksite mad e available to Contractor; and Public Works Project Traffic Signal Loop Installation Public Works Contract $45.000 /Rev. Nov 3, 2017 Page 6 of 11 (c) UnknO\vn physical conditions at the Project \.VOrksite of any unusual nature , materially different from those ordinarily encountered and from tho se generally recognized as inh e re nt in the character of th e Work. 15.3 For contracts $25,000 or higher th at require excavation or involve trenches five feet or more in depth , Contractor must s ubmit a detailed plan for City approval, per Labor Code Section 6705 prior to commencing work. The plan must show the design of s horing, bracing , sloping and other provisions for worker protection from caving ground and other hazard s. The protecti ve system rnust cornply with all Co nstruction Safety Orde rs. If the plan varies from shoring system standards , i L mu st be prepared by a registered civil or structural engineer. 16. URBAN RUNOFF MANAGEMENT 16.l All Work rnust fully cornply with federal , state and local Jaw s and regulations concerning storrn water rnanagernent. Co nt ractor must avoid creating excess dust when breaking asphalt or concrete and during excavation and grnding. ll'water is used for dust control, Contractor will use only the amount of water necessary to damp e n the dust. Contractor wi II take all steps necessary to keep wash water out of the streets , gutters and storm drains. Prior to the start of the Work, Contractor will implement erosion and sediment controls to prevent pollution of storm drains , and mu st upgrade and maintain the se controls based on weather conditions or as otherwise required by City. These contrnls must be in place durin g the entire Contract Time and must be removed at the end of construction and completion of the Work. Such controls must include .. but will not be limited to , the following requirements: (a) Install storm drain inlet protection devices such as sand bag barriers, filter fabric fences , and block and gravel filters at all drain inlets impacted by construction. During the annual rainy season , October 15 through June I 5, storm drain inlets impacted by construction work must be niter-protected from onsite de-watering activities and saw-cutting activities. Shovel or vacuum saw-cut slurry and remove from the Work site; (b) Cover exposed pi !es of soi I or construction mater ia l with plastic sheeting. Store all construction mat eria ls in containers; (c) Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain and at the encl of each work day. When the Work is completed, wash the streets, collect and dispose of the wash water oflsite in Jawl'ul 111anner; (d) After breaking old pave ment. re111ove debris to avoid contact with rainfall/runoff; (e) Maintain a clean work area by removing trash, litter, and debris at the encl of each work clay and when \Nork is completed. C lean up any leaks , drips, and other spills as they occur. 16.2 These requirements must be used in co1tjunction with the California Storrnwater Quality Association and California Best Managernent Practices Municipal and Construction Handbooks, local program guidance materials from 111unicipalities , and any other applicable documents on stonnwater quality controls for construction. Contractor's failure to comply with this Section will result in the issuance of nonco111pl iance notice s, citations, Work stop orders and regulatory fines. Public Works Project Traffic Signal Loop Installation Public Works Contract $45.000 /Rev. Nov 3, 2017 l'agc. 7 of 11 17. PROJECT COORDINATION City Project Manager. City assigns.lo 1\nne Johnson as the City representative for all purposes under this Contract, with authority to require compliance with the Scope of Work. City may substitute Project Managers at any time and without prior notice to Contractor. Contractor Project Manager. Subject lo City approval, Contractor assigns Jesus Avila ____________________ as its single representative for all purposes under this Contract, w ith the responsibility lo ensure progress with the Work. Contractor's Project Manager is responsible for coordinating and schedu ling the \Nork and must regularly update the City Project Manager about the status and any delays with the Work, consistent \Vith the Scope of Work. An y substitutions must be approved in writing by City. 18. ABANDONMENT AND TERMINATION 18.1 City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Work performed through the date of abandonment and will be given reasonable time to close out the Work. With City's pre-apprnval in 'writing , the time spent in closing out the Work wi II be compensated up to 10 % of the total ti me expended in performing the Work. 18.2 City may terminate the Contract for cause or without cause at any time. Contractor will be paid for satisfactory Work rendered through the termination date and will be given reasonable time to close out the Wot'i<. 18.3 Final payment will not be made un til Contractor delivers the Work and provides records documenting the Work, products and deliverables completed. Nothing in the Section below is intended to delay. abridge or bar City's right under this Section . 19. GOVERNING LAW, VENUE AND DlSPUTE RESOLUTION This Contract is governed by the laws of State of Ca lifornia. Venue for any legal action shall be the Superior Court of the County of Santa Clara, California. The dispute resolution procedures of Public Contract Code Section 20 I 04, incorpornted here by reference , app ly to this Contract and Contractor is required to continue the Work pending resolution of any dispute. Prior to filing a lawsuit , Co ntra ctor must comply with the claim filing requirements of the California Government Code. If the Parties elect arbitration, the arbitrato r's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 20. ATTORNEY FEES If City initiates leg al action. fi !es a comp laint or cross-complaint. or pursues arbitration , appeal, or other proceedings to en force its right s or a .i udgment in connection with th is Contract, the prevai Ii ng party will be entitled to re asonab le attorney fees and co sts . Public Works Project Traffic Signal Loop Ins tall ation Public Works Contract $45. 000 /Rev. Nov 3, 2017 l'ag i: 8 of 11 21. SIGNS/ADVERTISEMENT No signs may be displa ye d on or about City 's propert y, except signage which is required by law or by the Contract, vvithout City's p1·ior \Vritten approval as to s ize , design and location . 22. THIRD PARTY BENEFICIARIES There are no intended rhird party beneficiaries of'this Contract. 23 . WAIVER Neither acceptance of the Work nor payment thercofslrnll con s titute a waiver of any contract provi sio n. City waiver of any breach shall not constitute waiver of another provision or breach. 26. WARRANTY Contractor warrants that mat e rials and equipment use d will be new , of good quality, and free from defective workmanship and materials, and that the Work will be free from material defects not intrinsic in the design or material s. All Work, materials and equipment s hould pa ss to City free of'clairns , liens or encumbrances. Contractor warrants the Work and 1m1tcrials for one year from the date of City's acceptance of the Work as complete ('·Warranty Period '"), except when a longer guarantee is provided by a supplier. manufacturer or is required by this Contract. During the Warran ty Period. Contractor will repair or replace an y Work defects or materials , includin g damage that arises from Contractor's Warrant y Wmk, except any wear and tear or damage resulting from improper use or maintenance . 27 . ENTIRE CONTRACT This Contract and the attachments , documents , and statutes attached, referenced, or expressly incorporated herein, including authorized amendments or change orders constitute the final and complete contract between City and Contract o r with respect to th e Work and the Project. No oral contract or implied covenant will be enforceable against City. If any attachment or incorporated provisions contl ict or are inconsistent with the term s of this Contract. the Contract terms ,viii control. 28. SEVERABILITY/PARTIAL INVALIDITY If a court finds any term or provision of this Contract to be illegal, invalid or unenforceable, the legal port ion of said provision and all other contract provisions will remain in full force and efTect. 28. SURVIVAL The contract provisions which by their nature should survive th e Contract or Completion of Project, including without limitation all warranties , indemnities, payment obligations, insurance and bonds, s hall remain in full force and effect after the Work is completed or Contract ends . Public Works Project Traffic Siqnal Loop Installation Public Works Contract $45. 000 !Rev. Nov 3. 2017 l'ag.~ 9 of' 11 29. INSERTED PROYlSlONS Each provi s ion and clause required by law to be inserted in this Contract will be deemed to be included and w ill be inl'e rrecl herein. Either party ma y request an ame nclmenl to cure mistaken insertions or omissions of required provisions. 30. CAPTIONS The captions , titles, and headings in this Contract are for convenience only and may not be used in the construction or in terpretation or the Contract or for any other purpose. 31. COUNTERPARTS This Contract may be executed in counterparts, each of which is an original and all of which taken together shall form one s ingle document. 20. NOTICES All notices , requests, and approvals must be sent in writing to the persons below and ,viii be considered effective on the date of personal delivery, the date confirmed by a reputable overnight delivery se rvice . on the fifth calendar day after deposit in the United States Mail, postage prepaid , regi stered or certi fiecl, or the next bu siness day fol lmvi ng electronic submission: To City of Cupertino: I 0300 Torre A venue, Cupertino CA 95014 Attention: Public \Vork, Copy to: Jo Anne Johnson Emai I: joannej(cl;cu perti 110.org 30. VALIDITY OF CONTRACT To Contractor: 975 Ciardc11 St. Sa11 l.ca11dro CA 94577 Attention: St Fr,rnci, Electrics Copy to: Jesus Avila -------------- Emai I: _javi la (ci}sfe -i nc .com This Contract is valid and enforceable only if (a) it complies with the purcha sing and contract provisions of Cupertino Municipal Code Chapters 3.22 and 3.23, (b) is sign eel by the City Manager or an authorized designee, and (c) is approved for form by the City Attorney's Office. 32. EXECUTION The persons signing be low warrant they have the authority to enter into this Contract and to legally bind their respective Parties . 1 f Contractor is a corporation, signatures from two officers of the corporation are required pursuant to Cali lorn ia Corporations Code Section 3 13. Public Works Project Traffic Signal Loop Installation Public Works Contract $45. 000 !Rev. Nov 3, 2017 l'ag<! IO of 11 IN WITNESS \VHEREOF, the parties have caused this Contrcict to be executed as of the Execution Date first above written. CONTRACTOR St Francis Electric ~--;...;;;>--- Title: Lt Signature Date: S: /t!-/C:/8 APPROVED AS TO FORM: Bv ~~ '~ vC2 _uyr- , ~ ~·1 EVENSO N,,1-IC ~VI CuJJCrtino Citv /\ttorncv ~~ -') I} ATTEST: CITY OF CUPERTINO, a Municipal Corporation -~-···----~ By: ~ - Ti 111~1113orclcn Title: Director of Pub I ic Works Signature Date: sf2.¢~ By ~tf 0 ·(3 •/J GRACE SCHfvtJDT , City Clerk Public Works Project Traffic Signal Loop Installation Public Works Contract $45. 000 /Rev. Nov 3, 2017 l'ag<: 11 of 11 Lie# 1003811 CA DIR# 1000022208 Exp. 6-30-18 City of Cupertino Loop Replacement 2 Locations Item Description (Monday -Friday) Unit Qty. Price 1 SB De Anza Blvd@ Prospect Rd EA 8 $ 500 .00 2 WB Stevens Creek@ Bubb Rd. EA 2 $ 500 .00 Total Or Item Description (Saturday) Unit Qty. Price 3 SB De Anza Blvd @ Prospect Rd EA 8 $ 620.00 4 WB Stevens Creek@ Bubb Rd. EA 2 $ 620.00 Total $ $ $ $ $ $ Bond Rate 1% DATE 4/2/2018 Total Total 4,000.00 1,000.00 5,000.00 4,960.00 1,240.00 6,200.00 SCOPE OF WORK YES NO X X X X X X X X X X X X X X X X X X X X X X X X X X X X Addendum layout Loop Detectors With Inspector SFE Layout lane lines.Stop Bar.Cat Tracking lane lines.Stop Bar.Cat Tracking Must be Laid Out By Others Prior to Scheduled Start Date Re-Mob Charge if lane Lines/ Stop Bar Not Laid out Day of Scheduled Work Date Survey.Post No Parking Signs, Traffic Control Plans, Police Officers for Traffic Control Attenuator Truck , Portable Changeable Message Signs, SWPPP or WPCP Plan Testing and Inspection Fees/ Railroad Pe rmit s and Bond Fees/ Railroad Flaggers Permit and bond Fees Day Work General Gives 3 Weeks Advance Notice for Scheduling SFE Work 1 Move in Minimum 10 loops Ready@2 Locations General to Provide SFE Day of Traffic Control SFE Traffic Control ( Our Work ) Off Haul Spoils Saw Cut Detector Loops Install Loop Wire and Splice to Existing Labeled DLC Cabled Type 1or 2 Wire Only/ Hot Rubber Or Asphaltic Emuls ion Only Loops Not Visable Cut During The Repairs Are Not SFE Fault & will Replace At unit Price ID Existing DLC Cables For Splicing in Loops Installation of Piezo Axcel Sensors Expoxy Loop Filler/ Elastomeric Loop Sealer Removal of Any Asphalt or Cold Patch From Conform Areas for Loop In sta llation Concrete or Asph a lt Repl acement New Pull box Installation New Conduit New DLC Cable Installed & Termination New Detector Hand Hole (DH) *** Quote base on email/ No Plans or Specs *** javila@sfe:inc.com If you have any questions ca ll Jes us Avil a@51 0-750-8283 975 Carden St San Le andro Ca. 94577 Fa x 510-639-4653 PUBLIC WORKS CONSTRUCTION CONTRACTS Small Projects -$45,000 Insurance Requirements: Exhibit B Contractor sha ll procure and maintain for the duration of the contract, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the perfonnance of the work hereunder by Contractor, its agents , representatives , employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an "occurrence" basis, written on a comprehensive genera l liabili ty form , and must include coverage for liability arising from Contractor's or Subcontractor's acts or omissions, including Contractor 's protected coverage, blanket contractual, products and completed operations, vehicle coverage and emp loy er's non-ownership liability coverage, with limits of at least $2,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. a. It shall be a requirement w1der this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage/limits specified in this agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b . Additional Insured coverage under Contractor's policy sha ll be "primary and non-contributory," w ill not seek contribution from City's insurance/self-insurance, and shall be at least as broad as ISO CG 20 01 04 13 c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provi ded each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO Form CA 00 01 covering any auto (Code 1 ), or if Contractor has no owned autos, then hired autos (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation: As required by the State of California, with Statutory Limits, and Employer's Liability Insurance ofno less than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If Contractor is self-insured, Contractor must provide a Certificate of Permission to Self-Insure, duly authorized by the DIR. D N /A if box checked (Contractor provides written verification it ha s no emp lo yees). 4 . Professional Liability with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate . [2Q N IA if box checked (Contract is not des ign/build). 5. Builder's Risk. Course of Construction insurance utilizing an "All Risk" (Special Pe1ils) coverage form, wi th limits equal to the completed va lu e of the project and no coinsurance penalty provisions . ~ N IA if box checked (Project does not involve construction or improvements/installations to property). In suran ce R equiremen ts for Construction Contracts -$45,000 Version: Nov 2017 6. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. ~ N IA if box checked (Project does not involve environmental hazards). If Contractor maintains broader coverage and/or higher limits than the minimwns shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Self-Insured Retentions. Self-insured retentions must be declared to and approved by City. At City's option, either: (1) Contractor shall cause the insurer to reduce or e liminate self-insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) Contractor shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or the City. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City of Cupe1iino , its City Council, officers, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the Services performed by or on behalf of Contractor including materials, pa1is , or equipment furnished . Endorsement of CGL coverage shall be at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 , CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used. Primary Coverage For any claims related to this Project, Contractor's insurance coverage shall be "primary and non-contributory" and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers , officials , employees and volunteers , and shall not seek contribution from City's insurance. If the limits of insurance are satisfied in pa1i by Umbrella/Excess Insurance , the Umbrella/Excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a "primary and non-contributory" basis for the benefit of City. Notice of Cancellation Each insurance policy required shall provide that coverage shall not be canceled, except with notice to the City. Each ce1iificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced , cancelled or allowed to expire without at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager. Builder's Risk Contractor may submit Builder's Risk insurance in the fom1 of Course of Construction coverage, which sha ll name the City as a loss payee, as its interest may appear. The Builder's Risk policy must be issued on an occurrence basis, for all-risk coverage on a 100% completed value basis on the insurable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect, acting in its sole discretion, to accept an Installation Floater policy instead of Builder's Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings , structures, processes, machinery and equipment, and sha ll provide prope1iy damage coverage for any building, structure, machinery or equipment damaged, impaired , broken, or destroyed dming the performance of the Work, including during transit, installation, and testing at the City's site. In surance R equirements for Construction Contracts -$45,000 Vers ion: Nov 2017 2 Waiver of Subrogation Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may h a ve against City. Contractor a grees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation . The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors . Acceptability of Insurers Insurance must be issued by insurers acceptable to City and licensed to do business in the State of California , and each insurer must have an AM. Best 's financial strength rating of "A" or better and a financial size rating of"VII" or better. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work c01mnences . The City reserves the right to require complete, certified copies of all required insurance policies , including endorsements , required by these specifications, at any time. Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors . For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. Surety Bonds As required by Contract and described in the Contract Documents . The Payment and Perfonnance Bonds shall be in a sum equal to the Contract Price. If the Perfonnance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the Contract is for longer than one year a Maintenance Bond equal to 10 % of the Contract Price is required . Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California . Special Risks or Circumstances City reserves the right to modify these requirements , based on the nature of the risk, prior expe1ience, insurer, coverage, or other circumstances. In s uran ce R equirem.entsfor Co nstru cti on Co ntra cts -$45,000 Vers ion: Nov 201 7 3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~-05/21/2018 THIS CERTIFICATE IS ISSUED AS A MATIER 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 CA LIC OB29370 1-925-798-3334 CONTACT Nicki Graham NAME: Edgewood Partners Insurance Center (EPIC) P.~~NJ_ "-"· ( 9 2 5) 822 9051 I FAX (925) 609 5514 IA/C Nol : [Concord -Branch ID 15469] E-MAIL P .O. Box 5668 ADDRESS: nicki.graham@epicbrokers.com INSURER/SI AFFORDING COVERAGE NAIC# Concord, CA 94524 INSURER A: NATIONAL UNION FIRE INS CO OF PITTS 19445 INSURED INSURER B: ALLIED WORLD ASSUR CO US INC 19489 St. Francis Electric, LLC INSURER C : TRAVELERS PROP CAS CO OF AMER 25674 St. Francis Electric, Inc. PO Box 2057 INSURER D: ALLIED WORLD NATL ASSUR CO 10690 INSURER E : San Leandro, CA 94577 INSURER F : COVERAGES CERTIFICATE NUMBER: 52866094 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, EXCL USIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ( POLICY EFF c~~rc\%M-~1 LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY X X GL5342018 04/01/18 04/01/19 EACH OCCURRENC E $ 1,000,000 V -D CLA IMS-MADE 0 OCCUR DAMAGE TO RENT ED PREMISES /Ea occurrence\ $ 500,000 -MED EXP (Any one person) $ 25,000 - PERSONAL & ADV INJURY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 v ~ 0PRO-D LOC PRODUC TS • COMP/OP AGG $ 2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY X X CA4773676 04 /01/18 04 /01 /19 COMB IN ED SINGLE LIMIT $ 1,000,000 v /Ea accident\ - X ANY AUTO BODILY INJURY (Per person) $ -OWNED -SCHEDULED BODILY INJU RY (Per accident) $ -AUTOS ONLY -AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident) --IY' "" B UMBRELLA LIAS M OCCUR 03102673 04/01/18 04/01/19 EACH OCCURRENCE I $ 25,000,000 \ - \ $ 25,000,000 ) X EXCESS LIAB CLAIMS-MADE AGGREGATE OED I I RETENTION $ 's.. / WORKERS COMPENSATION 04/01/18 04/01 /19 x I ~ffTuTE I I OTH-A AND EMPLOYERS' LIABILITY X WC022298334 ER Y/N V ANYPROPR IET OR/PARTNER/EXECU TI VE ~ E.L. EACH ACC IDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE· EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT .vr , o o o ,01>.:_°' D Pollution 03092664 04/01/18 04/01 /19 AggregaCo Lim<C~ ,, 000, 000 ) C Contractor's Equipment QT6603H568879TIL18 04 /01/18 04 /01 /19 Rented/Leased 400,000 C Contractor's Equipment QT6603H568879TIL18 04/01/18 04 /01 /19 Scheduled Limit 3,208,660 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule , may be attached if more space is required) "----/ Re: SFE Job #18-1056, Additional Insured(s): CERTIFICATE HOLDER City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 I ACORD 25 (2016/03) PATRAOl 52866094 Traffic Loop Installation, City of Cupertino, CA. City of Cupertino. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA ~~ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD - SUPPLEMENT TO CERTIFICATE OF INSURANCE NAME OF INSURED: St. Francis Electric, LLC St. Francis Electric , Inc. Additional Description of Operations/Remarks from Page 1 : Additional lnfonmation : Continued ... When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability all per attached endorsements. When required by written contract, waiver of subrogation applies to Workers' Compensation per the attached endorsements. When required by written contract , additional insured status applies with respects to lessors of leased equipments per attached endorsement. SUPP (05/04) DATE 05 /21 /2018 POLICY NUMBER : GL 534 20 18 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COV ER AGE PART SCHEDULE Name Of Additional Insured Person(sl Location And Description Of Completed Operations Or Organization(s) ANY PERSON OR ORGANIZATION PER THE CONTRACT OR AGREEMENT. WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. ... Information required to .complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who I s An Insured is amended to include as an add ition al insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily .injury" or "property damage" caused, in whole or in part , by ''your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". 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 agree- ment, the insurance afforded to such addi- tional insured will not be broader than that which y ou 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 is added to Section Ill -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 Insu- rance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Deda- rations, CG 20 37 04 13 0 Insurance Servic es Office, Inc ., 2012 Page 1 of 1 D POLICY NUMBER: GL 534-20-18 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) Location(s) Of Covered Operations Any person or organization whom you become Per the contract or agreement obligated to include as an additional insured as a result of any contract or agreement you have entered into. 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 add itional 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 i nsured. B. With respect to the insurance afforded to these additional insureds , the following additional e xc lusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials , parts o r 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 Ill -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 Insuran c e shown in the D Declarations. CG 20 10 04 13 0 In s urance Se rvic es Offic e , Inc., 2012 Page 1 of 1 POLICY NUMBER: GL 534 20 18 NAMED INSURED : St. Francis Electric, LLC COMMERCIAL GENERAL LIABILITY CG 20 11 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises (Part Leased To You): ANY PREMISES OR PART THEREOF LEASED TO YOU. Name Of Person(s) Or Organization(s) (Additional Insured): ANY PERSON OR ORGANIZATION FROM WHOM YOU LEASE PREMISES OR WHO MANAGES PREMISES YOU OWN ANO TO WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED UNDER THIS POLICY AS A RESULT OF ANY LEASE OR MANAGEMENT AGREEMENT YOU ENTER INTO WITH SUCH PARTIES, Additional Premium: $ Included Information required to complete this Schedule, if not shown above, wil l be shown in the Declarations . A, Section II -Who Is An Insured is amended to include as an additional in sured the person(s) or organization(s) shown in the Schedul e, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations , new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. 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 add itional insureds, the following is added to Section 111-Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalr 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 11 0413 © Insurance Services Office, Inc ., 2012 Page 1 of 1 POLICY NUMBER: GL 534 20 18 COMMERCIAL GENERAL LIABILITY CG 20 34 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -LESSOR OF LEASED EQUIPMENT -AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section U -Who Is An Insured is amended to include as an additional insured any person(s) or organization(sl from whom you lease equipment when you and such person(s) or organization(sJ have agreed .in writing in a contract or agree- ment that such person(s) or organization(s) be added as an additional insured on your policy. Such person(sJ or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organi- zation(sJ. However, the insurance afforded to such addi- tional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this ·endorsement ends when their contract or agreement with you for such leased equipment ends. B. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds. the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 34 04 13 t> Insurance Services Office, Inc., 2012 Page 1 of 1 D POLICY NUMBER : GL 534 20 18 NAMED INSURED : St. Francis Electric, LLC COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following ; COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETE D OPERATIONS LIAB ILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Pursuant to applicable written contract or agreement you enter into. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We wa ive any right of recovery we may have again st the person or orga ni zation 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 wa iver applies only to the pe rson or organization shown in the Schedule above. CG 24 04 05 09 Copyright , Insurance Services Office , Inc ., 2008 Page 1 of 1 POLICY NUMBER: GL 534 20 18 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rT CAREFULLY. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAB ILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: { 1 )The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribu - tion from any other insurance available to the additional insured . CG 20 01 04 13 4;> Insurance Services Office, Inc .. 2012 Page 1 of 1 ENDORSEMENT Th is endorsement, effective 12:01 A .M. 04/01/2018 forms a part of policy No . GL 534 20 18 issued to SL Francis Electric , LLC by NAT I ONAL UN I ON FI RE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . AMENDMENT OF LIMITS OF INSURANCE (Per Project or Per Location Aggregate Limit) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COV ERAGE FORM I. Your policy is amended to include either a Per Project Gen era l Aggregate Limit, a Per Location General Aggrega te Limit or a Per Project and Per Location General Aggregate Limit. Please se lect only one of the following: I ] Per Project General Aggregate Limit I ] Per Location General Aggregate Limit [XJ Per Project and Per Location Generaf Aggregate Limit $ $ $ 2 ,000,000 IF NEITHER OF THESE BOXES ARE CHECKED, THIS ENDORSEMENT IS VOID. IF MORE THAN ONE OF THE THESE BOXES ARE CHECKED , THIS ENDORSEMENT IS VOID. 11. SECTION fll -LIMITS OF INSURANCE , is amended to include the following : 1. The Limits of Insurance and the rules be low fix the most we will pay regardless of the number of ; a . Insureds; b. Claims made or "suits" brought; or c . Persons or o rganizations making claims or bringing ''suits". 2. The General Aggregate Lim it is the most we will pay for the sum of: a . Medical expenses under CoverageC; b. Damages under Coverage A , except damages because of "bodily injury" or "property damage" incl ud ed in the products-completed operations hazard"; and c.. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury'' and "property damage" included in the "products-completed operations hazard". 4 . Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organ ization. 5. Subject to 2 . or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under CoverageC 86681 {9/04) Page 1 of 2 because of all "bodily injury" and "property damage" aris ing out of any one •occurrence". 6 . Subject to 5 . above, the Damage to Premises Rented To You Limit is t he mos t w e wi ll pay u n der Coverage A because of "proper ty damage" to any one premises, while rented to you, or in the case of damage by fire , whif e rented to you or temporarily occupi ed by you w ith permiss ion of the owner. 7 . Su bject to 5. above, the Medical Expense Lim it is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person . 8. Subject to 2., 4 ., 5 ., 6 ., and/or 7. above, t he Per Project Aggregate Limit is the most we will pay under Coverages A, B, and C combined tor the sum of: a. Damages under Coverage A; b. Damages under Coverage B; and c. Medical Expenses under Coverage C ari sing out of any single Project described ab ove . 9 . Subject to 2., 4., 5., 6., and/or 7. above, the Per Location Aggregate Limit is the most we will pay under Coverages A, 8, and C co m bined for the sum of: a. Damages under Coverage A ; b. Da m ages under Coverage B; and c . Medical expenses under CoverageC ari sing out of the any single Locat ion de sc ribe d above. The Limits of Insurance of this Coverage Part apply separately to each consecutive an n ual period and to any remaining period of le ss t han 12 months, starting with the beginning of the policy period shown in the Declarations, unless the pol icy period is extended after issuance for an add itional period of less than 12 months . In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Ill . The Limits of Insuran ce shown in the Declarations are deleted in their entire t y and replaced by the Limits of Insurance set forth below. General Aggregate Limit Each Occurrence Limit Products-Completed Operations Aggregate Lim it Personal & Advertisi ng Injury Limit Damage to Premises Rented to You Med ical Expense Limit Per Project General Aggregate Limit, Per Location General Aggregate Limit or Per Project and Per Location General Aggregate Limit Limits of Insurance $ 10,000,000 $ 1,000,000 $ 2,000,000 $ 1,000,000 $ 500,000 $ 25,000 $ 2,000,000 IV. SECTION V -DEFINITIONS, is amended to include the following: 23. "Loca t ion" means prem ises involvi ng the same or connecting lots, or prem ises whose connection is interrupt ed only by a street, roadway, waterway, or right-of-way r ailroad . ALI other terms and conditions of this pol icy rema in the same. 86681 (9/04) J\uthorized Representative or Countersignature (in States Whe re Applicable) Page 2 of 2 ENDORSEMENT This endorsement, effective 12 :01 A.M. 04/01/2018 forms a part of policy No. CA 477-36-76 issued to St. Francis Electric, LLC by National Union . Fire Insurance Company of Pittsburgh, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISIN.G OUT OF THE USE OF A COVERED AUTO. I. SECTION .II • LIABILITY COVERAGE, A . Coverage, 1. · Who Is Insured, is amended to add: d. Any person or organization , shown in the schedule above , to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but on ly with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: ( 1) The coverage and/or limits of this policy, or (2) The coverage and/or limits requ ire d by said contract or agreement. 87950 ( 10/0 5) ENDORSEMENT This endorsement, effective 12 :01 AM . 04/01/2018 forms a part of policy No. CA4773676 issued to St , Francis Ele c tric , LLC by Nat i o nal Union Fire Insurance Co . of Pittsburgh , PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement moclifies insurance provided under the following : BUSINESS AUTO COVERAGE FORM Section IV • Business Auto Conditions , A. • Loss Conditions, 5. • Transfer of Rights of Recovery Against Others to Us, is amended to add : However, we will waive any right of recover we have against any person or organization wi th wh om you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an •· accident " or "loss" if: ( 1) The "accident" or "loss" is due to operatio ns undertaken in accordance with the contract existing between you and s uch pers o n or organization ; and (2) The contract or agreement was entered into prior to any "accident" or "loss". No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization , and we reseNe our rights or lien to be reimbursed from any recovery funds obtained by any injured employee . 62897 (6/95) ENDORSEMENT This endorsement, effective 12:01 A .M . 04/01/2018 forms a part of policyNo. CA4773676 issued to St. Francis Electric, LLC by NATION~.L UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUU Y. INSURANCE PRIMARY AS TO CERTAIN ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Section IV -Business Auto Conditions, B., General Conditions, 5., Other Insurance, c .. is amended by the addition of the following sentence: The insurance afforded under this policy to an additional insured will apply as primary insurance for such additional insured where so required under an agreement executed prior to the date of accident. We will not ask any insurer that has issued other insurance to such additional insured to contribute to the settlement of loss arising out of such accident. All other terms and conditions remain unchanged . 74445 (10/99 ) ~~-t».nr~ Authorized Representative or Countersignature (in States Where Applicable) Page 43 ENDORSEMENT BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause " need be completed only when th is endorsement is issued subsequent to preparation of the policy). Th is endorsement, effective 12 :01 AM 04/01/2018 fonns a part of Policy No. WC 022-29-8334 Issued to St. Francis Electric, LLC By National Union Fire Insurance Company of Pittsburgh . PA 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 any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be 2% of the total estimated workers compensation premium for this policy. WC 04 03 61 (11 /90)