Cities Index.
1.G.2 TUSTIN AGREEMENT WITH BEAR

Placentia City Council
June 20, 2023

Document
1.G.2 TUSTIN AGREEMENT WITH BEAR
Meeting
June 20, 2023
Body
Placentia City Council
Pages
16
Original file
30 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

SECTION C

CONTRACT AGREEMENT

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028
This agreement, made and concluded, in triplicate, this day of /1 20,E , between the City of Tustin, California, hereinafter called City, and gear Electrical Solutions. Inc. hereinafter called Contractor.

ARTICLE I. Witnesseth, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, and under the conditions expressed in the two bonds, bearing date with these presents and hereunto annexed, the Contractor agreed with City, at his own proper cost and expense, to do all the work and furnish all the materials necessary to complete in good workmanlike and substantial manner and to the satisfaction of the City, in accordance with the specifications entitled:

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028
which said specifications are hereby specifically referred to and by such references made a part hereof. Said specifications are on file in the office of the City Engineer of the City of Tustin, California.

ARTICLE II. Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work contemplated and embraced in the Agreement; and also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the specifications, and the requirements of the City Engineer under them.

C-1

ITEM
NO.

CONTRACT
FOR

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028

CONTRACT ITEM DESCRIPTION

QUANTITY
UNIT
TYPE
UNIT
PRICE*
Section A — Routine Preventative Maintenance Items
TOTAL
PRICE
Traffic Signal and Safety Lighting

1. System per Intersection per Month, 133 Each $55.00 $7,315.00 including items in Section E.26

2. 3.

4. 5.

Battery Ba
Intersectio
Flashing B
Month
Speed Rad
Month
Lighted Cr
Location p
Al Routine Pr
A Annual Ro
(Al multipl
;k -Up System per
i per Month
133 Each
$5.00
)acon per Location per
3 Each
$20.00
ar Feedback Sign per
8 Each
$20.00
rsswalk System per
,r Month
5 Each
$20.00
,ventative Maintenance per Month (Items 1 through 5)
utine Preventative Maintenance
ied by 12 months)
$665.00
$60.00
$160.00
$100.00
$ 8,300.00
$99,600.00
* Unit prices shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed.

C-2

ITEM
NO.

CONTRACT
FOR

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028
CONTRACT ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE*
TYPE
Section B — Labor and Equipment Rates

6. Service Truck

7. Bucket Truck
1 Hour $25.00
1 Hour $40.00

8. Traffic Signal Technician 1 Hour $105.00

9. Traffic Signal Technician -Overtime 1 Hour $155.00

10. Traffic Signal Technician -Double Time 1 Hour $210.00

11. Bench Technician 1 Hour $105.00

12. Bench Technician -Overtime 1 Hour $155.00

13. Laborer 1 Hour $80.00
*Unit prices shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed.

C-3

ITEM
NO.

CONTRACT
FOR

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028

CONTRACT ITEM DESCRIPTION

QUANTITY
UNIT
TYPE
UNIT PRICE*
Section C — Extraordinary Maintenance Items
Replacement of inoperable safety light

14. with LED fixture (Philips Lumec
RoadFocus RFL)

15. illuminated street name sign panel
1 Each $950.00
Replacement of 6 -foot internally
1 Each $415.00

16. Replacement of 8 -foot internally
illuminated street name sign panel
1 Each $465.00
Replacement of 2 6 -foot internally

17. illuminated street name sign panels at
the same time (front and back)
1 Each $635.00
Replacement of 2 8 -foot internally

18. illuminated street name sign panels at
the same time (front and back)
1 Each $735.00
Replacement of 6 -foot internally

19. illuminated street name sign with
lllumEcon LED retrofit kit
1 Each $590.00
Replacement of 8 -foot internally

20. illuminated street name sign with
lllumEcon LED retrofit kit
1 Each $590.00
Replacement of 6 -foot NuArt edge lit

21. LED internally illuminated street name
sign complete with photocell
Replacement of 8 -foot NuArt edge lit

22. LED internally illuminated street name
sign complete with photocell
Replacement of 6 -foot NuArt edge lit

23. LED internally illuminated street name
panel
1 Each $3,570.00
1 Each $4,200.00
1 Each $915.00
Replacement of 8 -foot NuArt edge lit

24. LED internally illuminated street name
panel _
1 Each $970.00
C-4

ITEM
NO.

CONTRACT
FOR

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028

CONTRACT ITEM DESCRIPTION

QUANTITY
UNIT
TYPE
Section C — Extraordinary Maintenance Items (continued)

25. UNIT PRICE*
Replacement of rectangular loop
detector with Type "E" 6 -foot diameter
round loop including saw -cut lead-in
and cable splicing with hot -melt sealant
1 Each $575.00
Fabrication and installation of retro -

26. reflective traffic signs on mast arms or
poles
27 Replacement of LED Type I module
Red Ball vehicle lamp assembly
28' Yellow Ball vehicle lamp assembly
1 Each $280.00
1 Each $100.00
Replacement of LED Type I module
29' Green Ball vehicle lamp assembly
1 Each $100.00
Replacement of LED Type I module

30. Red Arrow vehicle lamp assembly
1 Each $100.00
Replacement of LED Type I module

31. Yellow Arrow vehicle lamp assembly
1 Each $100.00
Replacement of LED Type I module

32. Green Arrow vehicle lamp assembly
1 Each $100.00
Replacement of LED Type I module

33. module
1 Each $100.00
Replacement of pedestrian LED

34. with "Bulldog" pedestrian push button
1 Each $200.00
Replacement of pedestrian push button
1 Each $135.00
Replacement of pedestrian push button

35. with an accessible pedestrian signal
(APS) assembly (Polara Navigator iN2)
1 Each $795.00
C-5

ITEM
NO.

CONTRACT
FOR

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028

CONTRACT ITEM DESCRIPTION

QUANTITY
UNIT
TYPE
UNIT PRICE*
Section C — Extraordinary Maintenance Items (continued) Painting of pedestrian heads,

36. pedestrian buttons and framework per
intersection

37. 1 Each $700.00
Painting of all signal heads, backplates
and frameworks per intersection
Painting of traffic signal controller

38. cabinet and electric service cabinet per
intersection

39. 1 Each $850.00
1 Each $700.00
Replacement of all batteries for battery
back-up system per intersection
1 Each $1,355.00

40. Load -tested check of battery back-up
system before planned outage
1 Each $145.00
Replacement of City -owned underpass

41. soffit Tight with high pressure sodium
vapor Tamp

42. 1 Each $160.00
Replacement of City -owned underpass
soffit Tight with LED lamp
1 Each $330.00
Replacement of City -owned street Tight

43. or bridge light with LED fixture (Philips
Lumec RoadFocus RFM)
1 Each $765.00
Underground Service Alert (USA)

44. response -marking of traffic signal
facilities at City's request

45. 46.
1 Each $150.00
Installation of standard 3 -indication
traffic signal head
1 Each $495.00
Replacement of Programmed Visibility
(PV) LED signal lamps
1 Each $165.50
*Unit prices shall include all labor, materials, equipment, overhead and profit and no additional compensation will be allowed.

C-6

ARTICLE 111. City hereby promises and agrees with Contractor to employ and does hereby employ Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner and upon the conditions above set forth; and the said parties for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained.

ARTICLE IV. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the proposal of Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith.

ARTICLE V.

1. The City of Tustin has obtained from the Director of Industrial Relations the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this contract and maintains copies thereof in the office of the City Engineer. The Contractor agrees that not Tess than said prevailing rates shall be paid to workers employed on this public works contract as required by Labor Code Sections 1771 and 1774 of the State of California.

2. The Contractor shall, as a penalty to the City of Tustin, forfeit Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by Contractor or any subcontractor of Contractor) less than the prevailing rate as prescribed in the preceding paragraph for the work provided for in this contract, all in accordance with Sections 1774 and 1775 of the Labor Code of the State of California.

3. Section 1773.5 of the Labor Code of the State of California, regarding the payment of travel and subsistence payments, is applicable to this contract.

4. Section 1777.5 of the Labor Code of the State of California, regarding the employment of apprentices, is applicable to this contract if the prime contract involves Thirty Thousand Dollars ($30,000.00) or more, or twenty (20) working days or more and under such circumstances, Contractor shall be fully responsible to ensure compliance with all the provisions of Labor Code §1777.5 for all apprenticeable occupations on the project. A Contractor or subcontractor who violates Section 1777.5 shall forfeit to the City of Tustin, as a civil penalty, the sum of Fifty Dollars ($50.00) for each calendar day of noncompliance. Notwithstanding Section 1727 of the Labor Code, upon receipt of a determination that a civil penalty has been imposed, the City of Tustin shall withhold the amount of the civil penalty from contract progress payments then due or to become due.

Any funds withheld by the City of Tustin pursuant to this section shall be deposited in the General Fund of the City of Tustin.

5. The Contractor shall not employ, or allow work to be performed by a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code pertaining to debarment by the Labor Commissioner for violations of the Prevailing Wage Laws.

C-7

6. In performance of this contract, not more than eight (8) hours shall constitute a day's work. The Contractor shall fully conform to Article 3, Chapter 1, Part 7, Division 2 (Sections 1810 et seq.) of the Labor Code of the State of California. Pursuant to the provisions of Section 1813 of the Labor Code of the State of California, the Contractor shall, as a penalty to the City of Tustin, forfeit twenty-five Dollars ($25.00) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 of Chapter 1 of Part 7 of Division 2 of the Labor Code of the State of California. Contractor shall keep an accurate record showing the name and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the public work.

7. Contractor agrees to keep accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week and the actual per diem wages paid to each journeyman, apprentice or worker employed by him in connection with the public work, and agrees to insist that each of his subcontractors do the same. Contractor further agrees that his payroll records and those of his subcontractors shall be available to the employee or his representative, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards, and shall comply with all of the provisions of Labor Code Section 1776, et seq., in general.

8. Contractor is also aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work of this contract.

ARTICLE VI. In connection with the performance of this contract, the City shall have the authority to enter the worksite at any time for the purpose of identifying the existence of conditions, either actual or threatened, that may present a danger or hazard to any and all employees. The Contractor agrees that the City, in its sole authority and discretion, may order the immediate abatement of any and all conditions that may present an actual or threatened danger or hazard to any and all employees at the worksite.

The Contractor acknowledges the provisions of Section 6400 of the Labor Code, which requires that employers shall furnish employment and a place of employment that is safe and healthful for all employees working therein. In the event the City identifies the existence of any condition that presents an actual or threatened danger or hazard to any and all employees at the worksite the City is hereby authorized to order the immediate abatement of that actual or threatened condition pursuant to this section. The City may also, at its sole authority and discretion, issue an immediate stop work order to the Contractor to ensure that no employee working at the worksite is exposed to a dangerous or hazardous condition. Any stop work order issued by the City to the Contractor in accordance with the provisions of this section shall not give rise to any claim or cause of action for delay damages by the Contractor or the Contractor's agents or subcontractors against the City.

ARTICLE VII. The Contractor shall indemnify and save harmless the City of Tustin and all officers and employees thereof from all claims, suits, or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person C-8

including, but not limited to, workers and the public, or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, neglect or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under the contract, or by or on account of any act or omission by the Contractor or his agents or a subcontractor or his agents or a third party during the progress of the work or at any time before its completion and final acceptance, or which might arise in connection with the agreed upon work or is caused by or happening in connection with the progress of said work, or on account of any passive or active negligent act or omission by the City of Tustin, its officers, employees and agents, save and except claims arising through the sole and exclusive negligence or sole and exclusive willful misconduct of the City of Tustin.

The defense and indemnification by Contractor shall include all costs and expenditures including attorney's fees incurred by the City of Tustin or its employees, officers or agents with respect to such claim or suit and Contractor will, if requested by City of Tustin, defend any litigation arising out of such claims at the sole cost and expense of Contractor.

In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary in the sole discretion of the City of Tustin may be retained by the City until disposition has been made of such claims for damages as aforesaid.

ARTICLE VIII. The Contractor shall take out and maintain during the life of the contract, commercial general liability, automobile liability and worker's compensation insurance. The amount of the commercial general liability and automobile insurance shall not be less than the following:

Single limit coverage applying to bodily and personal injury liability and property damage: $2,000,000.

The following endorsements must be indicated on all certificates of insurance:

1. The City of Tustin, its elective and appointive boards, officers, agents and employees named as additional insureds in the policy as to the work being performed under the contract;

2. The coverage is primary and no other insurance carried by the City of Tustin will be called upon to contribute to a loss under this coverage;

3. The policy covers blanket contractual liability;

4. The policy limits or liability are provided on an occurrence basis;

5. The policy covers broad form property damage liability;

6. The policy covers personal injury as well as bodily injury liability; C-9

7. The policy covers explosion, collapse and underground hazards;

8. The policy covers products and completed operations;

9. The policy covers use of non -owned automobiles; and

10. The coverage shall not be cancelled or terminated altered unless thirty (30) days' written notice is first given to the City of Tustin.

11. Insurers shall be authorized to do business in the State by the Department of Insurance and shall meet the following qualifications:

A.M. Best's Key Rating of Grade A and Class VII (seven) (if an Admitted Insurer), and Grade A- or better and Class X (ten) or better (if offered by a Surplus Line Broker), is acceptable. Workers' compensation insurance rated Grade B- or better and Class VII (seven) or better, or offered by the State Compensation Fund, is acceptable.

12. The worker's compensation and employer's liability insurance policies shall contain a waiver of subrogation in favor of the City.

Contractor shall provide to the City within ten (10) working days after the date of notice of award of the contract evidence of the aforementioned insurance with insurer endorsements, which must meet the requirements of this Article. An Acord Certificate will be accepted solely as evidence of the name of the insurers and the amounts of insurance.

Failure to comply with these requirements will result in annulment of the award, forfeiture of the proposal guarantee, and the City will pursue award to the next qualified responsive proposer. Contractor is advised that insurance requirements are non-negotiable and City will not consider waiving insurance requirements. There are no exceptions.

ARTICLE IX. Upon receipt of a claim or summons and complaint by the City Clerk relating to this Contract, the City Clerk shall provide written notice within five (5) working days to the Contractor of the claim or summons or complaint. For purposes of this section, notice to the Contractor may be via facsimile, messenger or by first class mail and addressed to:

Bear Electrical Solutions, Inc.
1252 State Street, Alviso, CA 95002
(408) 449-5178
Nothing herein obligates the City to provide notice of a claim or summons and complaint that does not clearly identify the Contractor.

ARTICLE X. Prior to one hundred fifty (150) calendar days before July 1, 2023, Contractor shall notify City in writing of its intent to renew the contract for an additional term of one (1) year to commence on July 1, 2023, and on the same terms and conditions as prescribed for the mutual term, or upon different terms which Contractor shall specify in writing. City shall, within thirty (30) days of receipt of such notice, advise Contractor in writing of its acceptance or rejection of such extension. The same provisions shall be C-10

applicable to each succeeding one (1) year term through June 30, 2028, as prescribed in Section "D" (Length of Contract).

In Witness Whereof, the parties have hereunto set their hands and seals the year and date first above written.

BY:
(SEAL)
CONTRACT AND BOND APPROVED:

STIN
70*fr
C, 7 Date: / o / ,a
City Atto ey
S. Stack, P.E.
or of Public Works/City Engineer

CONTRACTOR
FIRM NAME: aR -IP P- at ( CGttralS
`c -Y q014
Mviso, G a W2
(SEAL) BY:

TITLE: (// {D i✓ 1`J
Note: Attach proper acknowledgment for both Surety & Principal. (Use copies of blank form provided in Section B).

C-11

Executed in Triplicate
Bond No. 0774402
Amount $ 50,000.00
Premium $547.00

CITY OF TUSTIN

PUBLIC CONTRACT

FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: That Bear Electrical Solutions, Inc. , as and hereinafter referred to collectively as "Principal", and Harco National Insurance Company a corporation organized and existing under the laws of the State of Illinois , and duly authorized to transact surety business in the State of California, as, and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ 50,000.00 for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows:

THE CONDITION OF THE ABOVE OBLIGATION IS THAT:

WHEREAS, Principal has entered into a contract dated 2V-„1_, with City to do and perform the following, generally described work, whit is more particularly described in said contract for the construction/maintenance of:

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028
WHEREAS, all of such improvements are to be constructed/maintained and installed in accordance with the specifications described, referred to and incorporated in said contract; and
WHEREAS, Principal shall commence and complete the construction/ maintenance and installation of such improvements as provided in said contract; NOW, THEREFORE, if Principal shall faithfully perform all agreements contained in the aforesaid contract, then this obligation shall be null and void.

PROVIDED, HOWEVER, if Principal shall not faithfully perform all agreements contained in the hereinabove described contract and all obligations, then this obligation shall remain in full force and effect.

PROVIDED FURTHER HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and C-12

Bond No. 0774402
PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety.

IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this 9th day of June 20 22
SURETY: Harco National Insurance Company
(NAME)
BY:
(SEAL)
APPROVED AS TO FORM:

Date: 0v`.2)
City Attorney—
A
PRINCIPAL:

Attorney -in -Fact:

BY:

Yvonne Roncagliolo, Attorney -in -Fact
Address of Surety:
3003 Oak Road, Suite 200
Walnut Creek, CA 94597
Bear trical Solutions, Inc.

BY:
(SEAL) TITLE: Vie -t PRT --C c"7'J r
ineer
TENT:

Date: ` W
Address of Principal:
1252 State Street
Alviso, CA 95002
ote: Attach proper acknowledgment for both Surety & Principal. (Use copies of blank form provided in Section B).

C-13

Executed in Triplicate
Bond No. 0774402
Amount $50,000.00
Premium Included in Performance Bond

CITY OF TUSTIN

PUBLIC CONTRACT

LABOR AND MATERIALS PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That Bear Electrical Solutions, Inc. as and hereinafter referred to collectively as "Principal", and Harco National Insurance Company a corporation organized and existing under the laws of the State of Illinois and duly authorized to transact surety business in the State of California, as and hereinafter referred to as, "Surety", are held and firmly bound unto the City of Tustin hereinafter referred to as the "City", in the sum of $ 50,000.00 for payment of which Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows:

THE CONDITION OF THE ABOVE OBLIGATION IS THAT:

WHEREAS, Principal has entered into a contract dated /s-7`:1- 20 %--', with the City to do and perform the following, generally describ'd work, which is more particularly described in said contract for the construction/maintenance of:

ANNUAL MAINTENANCE SERVICES

FOR CITYWIDE TRAFFIC SIGNALS
(ACCOUNT NUMBER 100-40-12-6215)
FISCAL YEAR 2022/2023 THROUGH FISCAL YEAR 2027/2028
WHEREAS, Principal shall commence and complete the construction/ maintenance and installation of such improvements provided in said contract; NOW THEREFORE, if Principal shall pay the Contractor, his subcontractor, and all persons renting equipment or furnishing labor or materials to them for such improvements, for the full cost of such improvements and submit amounts due under the State Unemployment Insurance Act with respect to such labor, then this obligation shall be null and void.

PROVIDED, HOWEVER, if Principal shall not pay the subcontractor and all persons renting equipment or furnishing labor or materials to them for such improvements for the full cost of such improvements, or if Principal fails to submit amounts due under the State Unemployment Insurance Act with respect to such labor, then Surety will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons named in Civil Code Section 3181.

PROVIDED FURTHER, HOWEVER, that Surety stipulates and agrees that no change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of the work to be performed thereunder; and C-14

Bond No. 0774402
PROVIDED FURTHER, that in case suit is brought upon this bond by the City or any other person named in Civil Code Section 3181 who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal and Surety.

IN WITNESS WHEREOF, Principal and Surety have caused these presents to be duly signed and sealed this 9th day of June 20 22
SURETY: Harco National Insurance Company
(NAME)
BY:
(SEAL)
APPROVED AS TO FORM:
. Ar Date: 67 s00)
City Attorney------
AP' - : -a II �' " P NTENT:
4� • / Date: 7/i/0'
op 'neer y
y
PRINCIPAL:

Attorney -in -Fact:

BY: Yvonne Roncagliolo, Attorney -in -Fact
Address of Surety:
3003 Oak Road, Suite 200
Walnut Creek, CA 94597
Bear Ele Solutions, Inc.

BY: I
(SEAL) TITLE: \PC -t ^-� 1'f' —
Address of Principal:
1252 State Street
Alviso, CA 95002
Attach proper acknowledgment for both Surety & Principal. (Use copies of blank form provided in Section B).

C-15

COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each Contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:

I am aware of the provisions of Section 3700 of the Labor Code which reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self - insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his employee."
CONTR
BY:

TITLE:

R 12_ €Z1z s2 ccli--t— ro,..Lc;P7,Q /A)
V/( PR i 7 -4r

COMPENSATION INSURANCE CERTIFICATE

TO BE SUBMITTED WITH CONTRACT
C-16

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