MA
INTENANCE AND REPAIR CONTRACT
THIS CONTRACT date d is by and between the CITY OF SUNNYVALE, a California chartered municipal corporation ("Owner"), and ST. FRANCIS ELECTRIC , LLC, ("Contractor") a Limited Liability Corporation.
The parties to th is Contract have mutually covenanted and agreed, as follows:
1. The Contract Documents. The complete Contract consists of the following documents:
Notice Inviting Bids; Instructions to Bidders; Performance Bond (Exhibit D) and Payment Bond (Exhibit E); Guaranty; City of Sunnyvale Standard Specifications for Public Works Construction, 2006 Edition; City of Sunnyvale Standard Details for Public Works Construction, 2006 Edition; Plans and Specifications, " Provide and Install Vehicle and Pedestrian-LED Traffic Signal Light Modules, Invitation for Bids No. F24-012", including one (1) Addendum; OSHA regulations, rules, and standards, and any other standards and codes as outlined in the Specifications. These documents are all incorporated by reference. The documents comprising the complete contract are collectively referred to as the Contract Documents.
Any and all obligations of the Owner and the Contractor are fully set forth and described therein.
All of the above documents are intended to work together so that any work called for in one and not mentioned in the other or vice versa is to be executed the same as if mentioned in all documents.
2. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete the project in a good and workmanlike manner. The work consists of removing the existing and installing contractor-supplied new 8” and 12” Red, Yellow, and Green traffic signal light balls, Red, Yellow, and Green arrow LED traffic signal light modules, LED PV lamp modules and countdown pedestrian indication, on existing traffic signals, and in the manner designated in, and in strict conformity with, the Technical Specifications prepared and adopted by the Owner. The Specifications are entitled respectively, Provide and Install Vehicle and Pedestrian-LED Traffic Signal Light Modules.
It is understood and agreed that the work will be performed and completed as required in the Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the Owner, or its representatives. The Owner hereby designates as its representative for the purpose of this contract the Senior Civil Engineer for Construction or an employee of the Owner who will be designated in writing by the Director of Public Works.
3. Contract Pric
e. The Owner agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the sum of Three Hundred Thousand Eight Hundred Twenty Seven and 26/100 Dollars ($300,827.26) subject to final determination of the work performed and materials furnished at unit prices per “Exhibit B” attached hereto and incorporated by this reference, and subject to additions and deductions in accordance, as provided in the Documents and in accordance with Contract Documents.
The sum includes base bid only.
CONTRACTOR shall submit invoices to CITY no more frequently than monthly for services provided to date. All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088-3707. Payment shall be made within thirty (30) days upon receipt of an accurate, itemized invoice by CITY’s Accounts Payable Unit.
4. Permits; Compliance with Law. Contractor shall, at its expense, obtain all necessary permits and licenses, easements, etc., for the construction of the project, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the Attachment 2
preservation of the public health and safety.
5. Inspection by Owner. Contractor shall at all times maintain proper facilities and provide safe access for inspection by the Owner to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely notice to the Owner of its readiness for inspection and without the approval thereof or consent thereto by the latter. Should any such work be covered up without such notice, approval, or consent, it must, if required by Owner, be uncovered for examination at the Contractor's expense.
6. Extra or Additional Work and Changes. Should Owner at any time during the progress of the work request any alterations, deviations, additions or omissions from the Specifications or Plans or other Contract Documents it shall be at liberty to do so, and the same shall in no way affect or make void the contract, but will be added to or deducted from the amount of the contract price, as the case may be, by a fair and reasonable valuation, agreed to in writing between the parties hereto. No extra work shall be performed or change be made unless in pursuance of a written order from the Director of Public Works or authorized representative, stating that the extra work or change is authorized and no claim for an addition to the contract sum shall be valid unless so ordered.
7. Time for Completion. All work under this contract shall be completed before the expiration one hundred and fifty (150) working days from the date specified in the Notice to Proceed.
If Contractor shall be delayed in the work by the acts or neglect of Owner, or its employees or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts by others, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Owner, or by any cause which the Owner shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Owner may decide.
This provision does not exclude the recovery of damages for delay by either party under other provisions.
8. Inspection and Testing of Materials. Contractor shall notify Owner a sufficient time in advance of the manufacture or production of materials, to be supplied under this contract, in order that the Owner may arrange for mill or factory inspection and testing of same, if Owner requests such notice from Contractor.
9. Termination. If Contractor should file a bankruptcy petition and/or be judged bankrupt, or if Contractor should make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of insolvency, or if Contractor or any subcontractors should violate any of the provisions of the Contract, Owner may serve written notice upon Contractor and its surety of Owner's intention to terminate the Contract. Such notice shall contain the reasons for the intention to terminate the Contract, and the Contract shall cease and terminate on the tenth calendar day after serving the notice, unless within ten days after serving such notice, such violation(s) cease and satisfactory arrangements for correction thereof are made.
I
n the event of any such termination of the Contract, Owner shall immediately serve written notice thereof upon the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. If the surety, within fifteen (15) days after the serving upon it of notice of termination, does not give Owner written notice of its intention to take over and perform the Contract, or does not commence performance thereof within thirty (30) days from the date of the serving of such notice, then Owner may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of Contractor, and Contractor and its surety shall be liable to Owner for any excess cost occasioned Owner thereby, and in such event Owner may without liability for doing so take possession of and utilize in completing the work, such materials, appliances, plant and other Attachment 2
property belonging to Contractor as may be on the site of the work and necessary therefor.
10. Owner's Right to Withhold Certain Amounts and Make Application Thereof. In addition to the amount which Owner may retain under Paragraph 21 until the final completion and acceptance of all work covered by the Contract, Owner may withhold from payment to Contractor such amount or amounts as in its judgment may be necessary to pay just claims against Contractor or any subcontractors for labor and services rendered and materials furnished in and about the work. Owner may apply such withheld amount or amounts to the payment of such claims in its discretion. In so doing Owner shall be deemed the agent of Contractor and any payment so made by Owner shall be considered as a payment made under the Contract by Owner to the Contractor and Owner shall not be liable to Contractor for any such payment made in good faith. Such payment may be made without prior judicial determination of the claim or claims.
11. Notice and Service Thereof. All notices required pursuant to this Contract shall be communicated in writing, and shall be delivered in person, by commercial courier or by first class or priority mail delivered by the United States Postal Service. Nothing in this provision shall be construed to prohibit communication by more expedient means, such as by email, to accomplish timely communication. Each party may change the address by written notice in accordance with this paragraph. Notices delivered personally shall be deemed communicated as of actual receipt; mailed notices shall be deemed communicated as of three business days after mailing. All notices sent pursuant to this Contract shall be addressed as follows:
Owner: City of Sunnyvale
Department of Public Works
Transportation and Traffic Division
P. O. Box 3707
Sunnyvale, CA 94088-3707
ATTN: Dennis Ng
Contractor: St. Francis Electric, LLC
975 Carden St.
San Leandro, CA 94577
12. Assignment of Contract. Neither the Contract, nor any part thereof, nor moneys due or to become due thereunder may be assigned by Contractor without the prior written approval of Owner.
13. Compliance with Specifications of Materials. Whenever in the Specifications, any material or process is indicated or specified by patent or proprietary name, or by name of manufacturer, such Specifications must be met by Contractor, unless Owner agrees in writing to some other material, process or article offered by Contractor which is equal in all respects to the one specified.
14. C ontract Security. Contractor shall furnish a surety bond in an amount at least equal to 100 percent of the contract price as security for the faithful performance of this Contract. Contractor shall also furnish a separate surety bond in an amount at least equal to 100 percent of the contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney's fee to be fixed by the court in case suit is brought upon the bond. Bonds shall be issued by an admitted surety insurer authorized to operate in the state of California.
15. Insurance. The Owner requires that contractors maintain insurance requirements on the Pacific Insurance Network System (PINS). Contractor shall procure and maintain, at its own expense during Attachment 2
the life of this Contract, policies of insurance as specified in Exhibit “C” attached and incorporated by reference, and shall provide all certificates and/or endorsements as specified in Exhibit “C” through PINS for approval by the Owner Risk Manager prior to Contractor (or subcontractor) commencing any work under this Contract.
16. Indemnification and Hold Harmless. To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless CITY, its officers, officials, agents, employees and volunteers and any successors to CITY’s interest from and against any and all claims, demands, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in connection therewith, including, without limitation, reasonable attorney’s fees and costs of defense (collectively, the “Losses”) arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them are liable except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. The defense and indemni fication obligations of this agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this agreement. Contractor’s responsibility for such defense and indemnity obligations shall survive the termination or completion of this agreement.
17. Hours of Work. Eight (8) hours of labor during any one (1) calendar day and forty (40) hours of labor during any one (1) calendar week shall constitute the maximum hours of service upon all work done hereunder, and it is expressly stipulated that no laborer, worker, or mechanic employed at any time by the Contractor or by any subcontractor or subcontractors under this Contract, upon the work or upon any part of the work contemplated by this Contract, shall be required or permitted to work thereon more than eight hours during any one calendar day and forty hours during any one calendar week, except, as provided by Section 1815 of the Labor Code of the State of California, work performed by employees of contractors in excess of eight hours per day and forty hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. It is further expressly stipulated that for each and every violation of Sections 1811-1815, inclusive, of the Labor Code of the State of California, all the provisions whereof are deemed to be incorporated herein, Contractor shall forfeit, as a penalty to Owner , twenty-five dollars ($25.00) for each laborer, worker, or mechanic employed in the execution of this Contract by Contractor, or by any subcontractor under this Contract, for each calendar day during which the laborer, worker, or mechanic is required or permitted to work more than eight hours in any one calendar day and forty hours in any one calendar week in violation of the provisions of the Sections of the Labor Code.
Contractor, and each subcontractor, shall, in accordance with California Labor Code Section 1776 or as the same may be later amended, 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, worker, or other employee employed by him or her in connection with work under this agreement. Each payroll record shall contain or be verified by a written declaration under penalty of perjury, in accordance with Labor Code Section 1776(a). Such payroll records shall be made available at all reasonable times at the Contractor’s principal office to the persons authorized to inspect such records pursuant to Labor Code Section 1776. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations, as well as to the Owner’s representative. In the event the Contractor or a Subcontractor fails to comply in a timely manner within ten days to a written notice requesting the records, such contractor or subcontractor shall forfeit one hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated, in accordance with Labor Code Section 1776(h).
Attachment 2
18. Wage Rates. Pursuant to the Labor Code of the State of California, or any applicable local law, Owner has ascertained the general prevailing rate per diem wages and rates for holidays, and overtime work in the city, for each craft, classification or type of laborer, worker, or mechanic needed to execute this Contract. Owner has adopted, by reference, the general prevailing rate of wages applicable to the work to be done under the Contract, as adopted and published by the Division of Labor Standards Enforcement and Labor Statistics and Research of the State of California, Department of Industrial Relations, to which reference is hereby made for a full and detailed description. A copy of the prevailing wage rates may be reviewed in the office of the Director of Public Works, City of Sunnyvale, 456 West Olive Avenue, Sunnyvale, California. Wage rates can also be obtained through the California Department of Industrial Relations website at:
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm
Neither the notice inviting bids nor this Contract shall constitute a representation of fact as to the prevailing wage rates upon which the Contractor or any subcontractor may base any claim against Owner.
It shall be mandatory upon Contractor and upon any subcontractor to pay not less than the specified rates to all laborers, workers, and mechanics employed in the execution of the Contract. It is further expressly stipulated that Contractor shall, as a penalty to Owner, forfeit two hundred dollars ($200.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic paid less than the stipulated prevailing rates for any work done under this Contract by Contractor or by any subcontractor; and Contractor agrees to comply with all provisions of Section 1775 of the Labor Code.
In case it becomes necessary for Contractor or any subcontractor to employ on the project under this Contract any person in a trade or occupation (except executives, supervisory, administrative, clerical, or other non-manual workers as such) for which no minimum wage rate is herein specified, Contractor shall immediately notify Owner who will promptly thereafter determine the prevailing rate for such additional trade or occupation and shall furnish Contractor with the minimum rate based thereon. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation from the time of the initial employment of the person affected and during the continuance of such employment.
19. Accident Prevention. Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.
20. Contractor's Guarantee. Owner shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to the building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance.
Contractor unqualifiedly guarantees the first -class quality of all workmanship and of all materials, apparatus, and equipment used or installed by Contractor or by any subcontractor or supplier in the project which is the subject of this Contract, unless a lesser quality is expressly authorized in the Plans and Specifications, in which event Contractor unqualifiedly guarantees such lesser quality; and that the work as performed by Contractor will conform with the Plans and Specifications or any written authorized deviations therefrom. In case of any defect in work, materials, apparatus or equipment, whether latent or patent, revealed to Owner within one year of the date of acceptance of completion of this Contract by Owner, Contractor will forthwith remedy such defect or defects without cost to Owner.
21. Liquidated Damages. Time shall be the essence of this Contract. If Contractor fails to complete, within the time fixed for such completion, the entire work mentioned and described herein and contracted to be done and performed, Contractor shall become liable to Owner for liquidated damages in the sum of one thousand dollars ($1,000.00) for each and every calendar day during which work shall remain uncompleted beyond such time fixed for completion or any lawful extension thereof. The amount Attachment 2
specified as liquidated damages is presumed to be the amount of damage sustained by Owner since it would be impracticable or extremely difficult to fix the actual damage; and the amount of liquidated damages may be deducted by Owner from moneys due Contractor hereunder, or its assigns and successors at the time of completion, and Contractor, or its assigns and successors at the time of completion, and its sureties shall be liable to Owner for any excess.
22. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law or choice of law principles. Proper venue for legal actions will be exclusively vested in a state court in the County of Santa Clara. The parties agree that subject matter and personal jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections.
23. Severability Clause. In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.
24. Entire Agreement; Amendment. This writing constitutes the entire agreement between the parties relating to the services to be performed or materials to be furnished hereunder. No modification of this Agreement shall be effective unless and until such modification is evidenced by writing as an amendment to this Contract signed by all parties. If the amendment is signed electronically, the digital signatures must comply with the requirements of California Government Code Section 16.5.
25. Execution and Counterparts. This Agreement may be executed in multiple counterparts and/or with the signatures of the Parties set forth on different signature sheets and all such counterparts, when taken together, shall be deemed one original.
IN WITNESS WHEREOF, the parties have executed this Contract.
CITY OF SUNNYVALE, ST. FRANCIS ELECTRIC, LLC a California chartered municipal corporation (“Contractor”) (“Owner”) License No. 1003811
By
/ / By
City Manager Date
AT
TEST:
/ /
Title Date
City Clerk By
By / /
City Clerk Date
APP
ROVED AS TO FORM:
/ /
City Attorney Date
/ /
Title Date
Attachment 2
Exhibit A
SCOPE OF WORK
The project consists of furnishing all labor, equipment, tools and services necessary to remove the existing and install contractor-supplied new 8” and 12” Red, Yellow, and Green traffic signal light balls, Red, Yellow, and Green arrow LED traffic signal light modules, 12” Red, Yellow and Green PV circular and left turn LED traffic signal modules, and countdown pedestrian indication, on existing traffic signals per list of locations, attached hereto as Attachment “1”, and remove and replace existing pedestrian signal housing to install newly supplied pedestrian LED traffic signal light modules per list of locations on Attachment “1”.
Project must be completed within one hundred and fifty (150) working days from the date specified in the Notice to Proceed.
Contractor shall submit traffic control plans to be approved by the City’s Transportation Engineer prior to the start of the work. Plans shall be in compliance to Part 6 of the CA-MUTCD latest edition and City’s Guidelines.
Contractor shall properly dispose of all removed vehicular and pedestrian LED signals include in the project and provide certificate of disposal to the City.
Splices between the new LED traffic signal lights and terminal compartment on the signal head will not be allowed. Contractor shall install all new LED lights using connectors supplied with the new LED module lights only. In the event the Contractor finds existing conditions that will not allow this to be done; a Request for Information (RFI) shall be submitted to the City for directions on how to proceed. Contractor shall be responsible for any repairs that may be required to the traffic signal, if proper approval was not obtained for any work outside this scope of work.
Contractor shall always avoid placing the traffic signals on four-way red flash without prior approval from the City’s Transportation Engineer. If for any reason the traffic signal goes into four-way red flash while conducting the work, the contractor shall contact the City’s Transportation Engineer immediately for further instructions. Contractor shall be responsible for all repairs to the traffic signals as a result of improper, poor or bad installation of the LED light modules at no additional expense to the City. This includes but it is not limited to shorting of field wires, damaged circuit breakers, damaged controller cabinet equipment, four -way flash traffic signal, and non- approved splices, etc.
LED light indications should be properly installed, aimed, and securely fastened per manufacturer’s recommendations and latest Caltrans Standard Specification.
Contractor shall not access at any time the traffic signal controller cabinets.
Contractor shall provide a Work Schedule for approval to the City’s Transportation Engineer prior to start of the work. Any changes to the schedule without proper approval from the City will result in the work being stopped by the City’s Transportation Engineer until changes have been approved by the City.
Attachment 2
Techn
ical Specif ications
GE
NERAL DESCRI PTION
This
specification covers LED pedestrian signal modules for 16” housings. It also covers all red, green, and yellow LED modules to be used in place of the incandescent lamp, reflector, socket, gasket, and lens assembly of the vehicle signal sections and for all Programmable Visibility (PV) heads. This technical specification is applicable to new construction projects and to retrofit of existing signalized intersections.
Referenced vehicle type LED modules shall fit in all standard, incandescent vehicle traffic s ignal hous
ings. Each module shall be complete and shall incorporate a red tinted lens for all red modules, a yellow tinted lens for all yellow modules, a green tinted lens for all green modules. Screw-in type products are not allowed for vehicle signals. Red, yellow and green ball type signals shall utilize the LumiLeds (1) light engine/ robust hi-flux LED technology as their source of illumination. Lenses for ball type modules shall be made of ultraviolet stabilized polycarbonate and incorporate facets that serve to enhance the optical efficiency of the LED traffic signal module. Individual lens-lets are specifically not allowed. All ball type signals shall incorporate an inner lens that is sealed to the lamp housing and serves to collimate the light emitted by the LumiLeds (1) light engine. An outer lens shall also be incorporated, that serves to focus the collimated light, so as to meet Caltrans and ITE intensity and distribution standards. Additionally, all LED ball indications shall almost perfectly, approximate to the motorist, the appearance of an incandescent traffic signal. This means that the face of the ball LED indication shall appear to the motorist as nearly totally uniform in illumination and have a wide viewing angle that makes it suitable for installation on wide boulevards or single- tethered span wire. This also means that it shall not be apparent that LEDs are used as the light source for the indication. The external lens surface for all vehicle signals shall be smooth, with no raised features, to minimize the collection of dirt, diesel smoke, and other particulate contaminates, and to facilitate periodic cleaning. Units shall incorporate a convex lens to reduce glare and sun reflection. External lens facets are not allowed. The LED signal module shall be watertight when properly installed in a traffic signal housing. The LED signal module shall utilize the same mounting hardware used to secure the incandescent lens and gasket assembly and only require a screwdriver or standard installation tool to complete the mounting. The LED signal module assembly shall weigh less than 5 pounds.
12” LED ar
row traffic signal modules shall be fully compliant to the “Onmi-Directional” specifications of the ITE VTCSH-LED Vehicle Arrow Traffic Signal Supplement adopted July 1, 2007. In addition, all 12” LED arrow traffic signal modules shall have tinted lens and shall have a display that consists of 3 rows of LEDs for each section of arrow.
The housing of the LED signal module shall be marked ‘TOP’ to designate the proper orientation of the LED signal module in the traffic signal housing. Manufacturer’s part number, date code, and electrical characteristics of the LED signal module shall be visible on the rear of the assembly. The product shall be completely traceable by the serial number.
LED Ball and Arrow Units shall conform to MIL -STD-810F for blowing rain and be provided with quick connect terminals and spade adapters.
LED pedestrian signals shall be furnished with a combination Portland Orange “Up-Raised Hand”, and Lunar White “Walking Man” LED’s. All pedestrian indication symbols shall be completely filled in, outlined indications shall not be allowed. LED Pedestrian indications shall also have a Portland Orange “Countdown Indication” showing the remaining Walk/Don’t Walk time. Unit shall have uniform appearance symbols that meet or exceed ITE PTCSI Part 2 requirements.
Attachment 2
The C
ountdown Pedestrian Signal shall be user configurable through dipswitches allowing the user to deactivate the countdown operation or activate countdown of Walk+Don’t Walk time, countdown of Walk time and then Don’t Walk time and countdown of Don’t Walk time only.
Countdown display shall feature 2-row 9” high countdown digits that are CA-MUTCD compliant for crosswalks over 100 feet. Countdown shall be fully preemption compatible and revert to its previous timing immediately following a preemption call. Display shall have memory feature to allow countdown timing to be stored internally, even when power is off for extended time. Unit shall automatically adjust to traffic signal controller pedestrian interval changes. Unit shall be sealed for moisture resistance, lens shall be textured to reduce glare, and quick connect terminals and spade adapters shall be provided. Units shall be ENERGY STAR qualified.
Pedestrian LED signal shall be Dialight 430-6479-001X or approved equal.
LED Circular/ball traffic signal LED modules shall be the XL15 model and LED Arrow traffic signal modules shall be the XOD15 model.
All supplied LED signals shall have a manufactured date of no more than 6 months prior to installation date. Contractor shall supply to the City Transportation Engineer a copy of the packing slip showing serial numbers of material purchased for the City to confirm date of all LED modules provided for the project.
All LED traffic signal modules shall be manufactured by Dialight.
ELECTRICAL
Al
l LED signal and pedestrian modules shall operate over the temperature range of -49°C (-56°F) to +74°C (+165°F). Power factor shall be 90% or greater, at nominal rated voltage, at 25° C, after 60 minutes of operation. Total harmonic distortion (THD) shall be less than 20% at rated voltage, at 25°C.
Maximum turn on/turn off time shall be 75msec.
All LED traffic signal modules shall be in compliance with the Federal Communications Commission (FCC) Title 47, Subpart B, Section 15; regulations concerning the emission of electrical noise.
The LED signal modules shall be connected directly to line voltage, 120 Volts AC nominal, and shall be able to operate over the voltage range of 80 VAC to 135 VAC.
The 8” and 12” red LED ball units shall consume no more than 7 watts, at 120 VAC, at 25ºC. The minimum luminous intensity shall be 165cd and 365cd for the 8” and 12” red LED ball units when measured at the initial peak intensity point. The dominant wavelength shall be 625nm.
The 8” and 12” yellow LED ball units shall consume no more than 7 and 13 watts respectively, at 120VAC at 25ºC. The minimum luminous intensity shall be 410cd and 910cd for the 8” and 12” yellow LED ball units when measured at the initial peak intensity point. The dominant wavelength shall be 590nm.
Attachment 2
The 8” and 12” green LED ball units shall consume no more than 7 watts respectively, at 120VAC at 25ºC. The minimum luminous intensity shall be 215cd and 475cd for the 8” and 12” green LED ball units when measured at the initial peak intensity point. The dominant wavelength shall be 500nm.
The 3-row LED Arrow units shall consume no more than 7 watts for Red, 14 watts for Yellow, and 8 watts for Green at 120VAC at 25ºC. The dominant wavelength shall be 625nm for the Red, 590nm for the Yellow and 500nm for the Green. The peak minimum maintained luminous intensity shall be
58.4 cd for Red, 145.6 cd for the yellow and 76 cd for the green.
The PV lamp modules shall consume no more than 10 watts for Red, 15 watts for Yellow, and 8 watts for Green at 120VAC at 25ºC. The dominant wavelength shall be 622nm for the Red, 590nm for the Yellow and 505 nm for the Green. The peak minimum maintained luminous intensity shall be 500 cd for all.
All LED traffic signal modules supplied and installed for this project shall be approved by Caltrans and meet the latest ITE VTCSH LED Circular Supplement specifications dated and adopted June 27, 2005. Compliance to the ITE VTCSH-2 Interim Purchase Specification is not sufficient, and will not substitute for compliance to the ITE VTCSH LED Circular Supplement specifications.
Additionally, prior to bid award, the contractor shall obtain from the manufacturer to provide to the City Transportation Engineer reports from ETL/Intertek, that certify full compliance of all LED ball signal modules to the entire ITE specification. These tests should include but not be limited to the luminous intensity measurements and requirements outlined in the ITE specification sections 6.4.4 through 6.4.4.4.2 (25°C and 74°C / 49°C). Evidence of full compliance to all required testing methods, procedures and sections as outlined in the above ITE document Figure 2, Design Qualification Testing Flow Chart must be included without any exceptions, changes or omissions.
Contractor must also obtain from the manufacturer and submit to the City Transportation Engineer a datasheet showing the catalog number of the items submitted on the bid and the Independent Lab report must show full qualification of this catalog number.
The LED Pedestrian signal shall consume no more than 7 watts for countdown display, 8 watts for hand display, and 8 watts for person display at 120VAC at 25ºC. The minimum luminance shall be 1400cd/m
2 for countdown and hand display and 2200cd/m 2 for person display. Unit shall conform or exceed ITE moisture resistance testing per MIL -STD-810F, method 506.4, I for rain and for blowing rain, MIL-STD-883, Test Method 2007 for mechanical vibration, MIL-STD-883, Test Method 1010 for temperature cycling requirements. The Luminance uniformity and color uniformity shall meet or exceed latest ITE PTCSI Part 2 LED Pedestrian Signal Specification requirements.
Transient suppression shall meet or exceed latest ITE PTCSI Part 2 - LED Pedestrian Signal Specification and meet the following standards: NEMA TS -2 Sec 2.1.6 and 2.1.8, IEC 1000 -4-5, 3KV, 2ohn source impedance, and ANSSI/IEEE C62, 41- 2002; IEC 61000-4-12, 6KV, 200A, 100KHz ring wave.
All modules shall be Intertek/ETL Certified and shall be listed on the ETL Certification Program. (1)
Lu m
iLeds is a trademark of LumiLeds Corporation.
WARRANTY
Contractor shall obtain from the LED traffic signal modules manufacturer a written warranty which provides for repair or replacement of modules that fail to function as intended due to workmanship or material defects within the first 15 years from date of delivery. Modules which exhibit luminous intensities less than the minimum as specified in the ITE specifications as indicated above, within the first 15 years from date of delivery shall be replaced or repaired at no additional cost to the City. Documentation shall be provided to the City Transportation Engineer.
Attachment 2
Attachment 1
LIST OF LOCATIONS
Attachment 2
-- r Location Intersection 8" 8" 12" 12" 12" 12" LED 12" LED 12" LED LED Ped Number Number M ain Street secondary Street LED PV-LT PV Heads Area Installation Date LEDR LEDY LEDR LED Y LED G ArrowR Arrow Y ArrowG G
1 7019 TASMAN DRIVE ADOBE WELLS-BIRCHWOOD DRIVE 11 11 11 4 4 4 5 5 5 0 0 6 9 2 7103 TASMAN DRIVE VIENNA DRIVE 5 5 5 7 7 7 4 4 4 0 0 12 9 3 7039 ARQUES AVENUE SANTA TRINITA AVENUE 8 8 8 4 4 4 4 4 4 0 0 8 9 4 7088 AROUES AVENUE OAKMEAD PARKWAY 0 0 0 16 16 16 8 8 8 0 0 8 9 5 7105 OAKMEAD PARKWAY LAKESIDE DRIVE 6 6 6 8 8 8 9 9 9 0 0 8 9 6 7066 AROUES AVENUE LAKESIDE DRIVE 7 7 7 4 4 4 8 8 8 0 0 4 9 7 7020 TASMAN DRIVE REAMWOOD AVENUE 6 6 6 2 2 2 2 2 2 0 0 10 9 Total Area 9 43 43 43 45 45 45 40 40 40 0 0 56
8 7062 FAIR OAKS AVENUE WOLFE ROAD 0 0 0 11 11 11 2 2 2 0 0 4 10 9 7075 MATHILDA AVENUE AHWANEE AVENUE - ALMANOR AVENUE 0 0 0 6 6 6 4 4 4 0 0 1 10 10 7016 FAIR OAKS AVENUE CALIENTE DRIVE 2 2 2 6 6 6 4 4 4 0 0 8 10 11 7102 FAIR OAKS AVENUE AHWANEE AVENUE 7 7 7 7 7 7 4 4 4 0 0 4 10 12 7038 AROUES AVENUE COMMERCIAL STREET 10 10 10 2 2 2 4 4 4 0 0 8 10 13 7014 FAIR OAKS AVENUE MAUDE AVENUE 4 4 4 8 8 8 8 8 8 0 0 8 10 14 7015 FAIR OAKS AVENUE D UANE AVENUE 4 4 4 8 8 8 8 8 8 0 0 8 10 15 7119 MATHILDA AVENUE SAN ALESO AVENUE 5 5 5 7 7 7 4 4 4 0 0 8 10 16 7040 SUNNYVALE AVENUE B ORREGAS AVENUE - MAUDE AVENUE 1 1 1 6 6 6 1 1 1 0 0 3 10 17 7054 DUANE AVENUE DE GUIGNE DRIVE 0 0 0 9 9 9 2 2 2 0 0 6 10 Total Area 10 33 33 33 70 70 70 41 41 41 0 0 58
18 7121 MOFFETT PARK DRIVE INNOVATION WAY 0 0 0 3 3 3 1 1 1 2 2 0 11 19 7002 MATHILDA AVENUE 5TH STREET 3 3 3 8 8 8 9 9 8 2 3 8 11 20 7100 MATHILDA AVENUE BORDEAUX DRIVE - FIRST AVENUE 0 0 0 12 12 12 8 8 8 0 0 6 11 21 7120 MOFFETT PARK DRIVE ROUTE 101 NB ONRAMP 1 1 1 2 2 2 1 1 1 0 0 0 11 22 7118 MANILA DRIVE H STREET-ENTERPRISE WAY 0 0 0 4 4 4 3 3 4 0 0 1 11 23 7043 MATHILDA AVENUE JAVA DRIVE 5 5 5 8 8 8 9 9 9 0 0 8 11 24 7042 MATHILDA AVENUE INNOVATION WAY 2 2 2 6 6 6 4 4 3 0 4 11 Total Area 11 11 11 11 43 43 43 35 35 34 4 5 27
25 7045 JAVA DRIVE CROSSMAN AVENUE 2 2 2 10 10 10 8 8 8 0 0 8 12 26 7044 JAVA DRIVE BORREGAS AVENUE 6 6 6 6 6 6 8 8 8 0 0 12 12 27 7116 CARIBBEAN DRIVE TWIN CREEKS 1 1 1 13 13 13 8 8 8 0 0 8 12 28 7109 FAIR OAKS AVENUE FAIR OAKS WAY 6 6 6 7 7 7 4 4 5 0 0 8 12 29 7106 CARIBBEAN DRIVE BORREGAS AVENUE 0 0 0 0 0 0 0 0 0 0 0 0 12 30 7101 JAVA DRIVE BORDEAUX DRIVE 3 3 3 9 9 9 8 8 8 0 0 8 12 31 7124 CARIBBEAN DRIVE CROSSMAN AVENUE 0 0 0 13 13 13 5 5 6 0 0 8 12 32 7089 FAIR OAKS AVENUE TASMAN DRIVE 3 3 3 12 12 12 10 10 10 0 0 8 12 33 7092 JAVA DRIVE GENEVA DRIVE 3 3 3 9 9 9 8 8 8 0 0 8 12 34 7055 CARIBBEAN DRIVE MOFFETT PARK DRIVE 0 0 0 13 13 13 4 4 4 0 0 6 12 Total Area 12 24 24 24 92 92 92 63 63 65 0 0 74
r- Total Number of LEDs 111 111 111 250 250 250 179 179 180 4 5 215
EXHIBIT B
COMPENSATION SCHEDULE
ITEM DESCRIPTION QTY UOM Cost
1 Labor and materials to remove existing
8" LED and install new 8" LED 1 LS $ 38,201.43
2 Labor and materials to remove existing
12" LED and install new 12" LED 1 LS $ 90, 765.33
3 Labor and materials to remove existing
12" LED Arrow and install new 12" LED
Arrow
1 LS $ 71, 799.96
4 Labor and materials to remove existing.
Programmable Visibility (PV) modules
and install new PV LED modules.
1 LS $2,856.15
5 Labor and materials to remove existing.
PV Left Turn (PVLT) modules and install
new PVLT LED modules
1 LS $ 2, 500.38
6 Labor and material to remove existing
Pedestrian LED modules and install new
Countdown Pedestrian LED modules
1 LS $73,397.10
Sub Total $279,520.35
Estimated sales tax (Materials) $ 21,306.91
Base Bid
Total
$ 300,827.26
Attachment 2
EXHIBIT C
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work by the Contractor, their agents, representatives, or employees.
Minimum Scope and L imits of Insurance. Contractor shall maintain limits not less than:
1. Commercial General Liability: coverage written on an occurrence basis with limits not less than $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury and property damage. ISO Occurrence Form shall be at least as broad as CG 0001.
2. Automobile Liability : coverage with a combined single limit of not less than $2,000,000 per occurrence applying to all owned, non- owned, or hired vehicles used in conjunction with this contract for bodily injury and property damage. ISO Form shall be at least as broad as CA 0001.
3. Workers’ Compensation: Statutory Limits and Employer's Liability: $1,000,000 per accident for bodily injury or disease.
Industry Specific Cov erages. If checked below, the following insurance is also required:
☐ Pr
ofessional Liability / Errors and Omissions Liability coverage with limits not less than $2,000,000 per occurrence or claim.
☐ Valuable Papers and Electronic Data Processing with limits not less than $10,000 each. ☐ Pollution Liability coverage with limits not less than $2,000,000 per occurrence. ☐ MCS-90 Endorsement to Business Automobile insurance for transportation of hazardous materials and pollutants.
☐ Builder’s Risk / Course of Construction coverage written on an “all risk” basis with limits equal to the completed value of the project and no coinsurance penalty provisions. ☐ Installation Floater coverage written on an “all risk” basis with limits equal to the completed value of the project and no coinsurance penalty provisions.
Deductibles, Self-I nsured Retentions and Other Coverages:
Any deductibles or self-insured retentions must be declared and approved by the City of Sunnyvale, Risk Manager. The Contractor shall guarantee payment of any losses and related investigations, claim administration and defense expenses within the deductible or self-insured retention.
The aforementioned insurance requirements can be met through any combination of self-insured, primary and excess/umbrella policies that fulfill the stipulated coverage as cited above.
Other Insurance Pr ovisions:
1. During the term of the contract, the City of Sunnyvale, its officers, officials, employees, agents, and volunteers are to be covered as an additional insured in the Contractor’s commercial general liability policy (and if industry specific coverage is indicated above, valuable papers and electronic data Attachment 2
processing, pollution liability, builder’s risk, and installation floater policies) with respect to liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Sunnyvale, its officers, officials, employees, agents, or volunteers.
Additional Insured Endorsement for ongoing operations at least as broad as ISO CG 20 10 Scheduled, or automatic CG 20 38 and completed operations shall be at least as broad as ISO CG 20 37 scheduled or automatic ISO CG 20 40.
2. During the term of the contract, the Contractor’s Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Sunnyvale.
3. For all Architects, Engineers and Design Professionals - If Industry Specific Coverage box is checked above and if the Contractor’s Professional Liability/Errors and Omissions coverage is written on a claims made basis:
a. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Dat e prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of contract work
4. If Industry Specific Coverage box is checked above, during the term of the contract, the Contractor’s Builder’s Risk / Course of Construction or Installation Floater policy shall provide coverage for any building, structures, machinery or equipment that is damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing. The policy shall name the City of Sunnyvale as a Loss Payee with respect to any repairs or replacement of any damaged property or other amounts payable under the policy.
5. For any claims related to this project, the Contractor’s insurance shall be primary. Any insurance or self-insurance maintained by the City of Sunnyvale, its officers, officials, employees, agents and volunteers shall be excess of the Contractor’s insurance and shall not contribute with it and shall be at least as broad as ISO CG 20 01 04 13.
6. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Sunnyvale, its officers, officials, employees, agents or volunteers.
7. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
8. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) day
s' prior written notice by certified mail, return receipt requested, has been given to the City of Sunnyvale.
9. Any umbrella or excess Insurance Liability policies shall be true “following form” of the underlying policy coverage, terms, conditions, and provisions and shall meet all of the insurance requirements stated in this document, including the additional insured, SIR, and primary and non -contributory insurance requirements for the benefit of City (if agreed to in a written contract or agreement) until Attachment 2
all coverage carried by or available to the Contractor’s primary and excess liability policies are exhausted and before the City’s own Insurance or self-insurance shall be called upon to contribute to a loss.
10. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated above shall not serve to reduce the Contractor’s policy limits of coverage. Therefore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this agreement, or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.
Acceptability of Insur
ers:
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, and who are admitted and authorized to do business and in good standing in California unless otherwise acceptable to the City of Sunnyvale’s Risk Manager.
Verification of Cover age:
The City of Sunnyvale utilizes PINSAdvantge.com (PINS) to track and verify all insurance related documents. The City is no loner accepting Certificates of Insurance by mail and requires the use of PINS.
The City will email the Contractor requesting proof of insurance for this Contract through the PINS platform ([email protected]), which include instructions on how to upload insurance documents electronically. Contractor shall furnish the City of Sunnyvale with an original Certificate of Insurance effecting the coverage required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All certificates are to be received and approved by the City of Sunnyvale, Risk Manager prior to commencement of work.
The Contractor shal l provide certificate(s) evidencing renewals of all insurance required herein prior to the expiration date of any such insurance. Contractor shall submit insurance certificates reflecting the policy renewals through PINS. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
Subcontractors:
Contractor shall require and verify that all subcontractors or other parties hired for this Work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in agreement, to the extent they apply to the scope of the subcontractor’s work with the same Certificate of Insurance requirements and naming as additional insureds all parties to this Contract. Failure of Contractor to verify existence of subcontractor’s insurance shall not relieve Contractor fr om any claim arising from subcontractors work on behalf of Contractor.
Contractor shall include the following language in their agreement with Subcontractors: “Subcontractors hired by Contractor agree to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under the Agreement Documents and provide a valid certificate of insurance and the required endorsements included in the Agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request.” Contractor shall provide proof of such compliance and verification to the City upon request.
Attachment 2
Attachment 2
EXHIBIT D
PERFORMANCE BOND
Invitation for Bids No. F24-012
Performance Bond #ES00015966
Premium: $3,610
Provide and Install Vehicle and pedestrian-LED Traffic Signal Light Modules KNOW ALL MEN BY THESE PRESENTS:
THAT WHEREAS, the City of Sunnyvale ("City") has awarded to {St. Francis Electric LLC.} as principal ("Contractor"), a contract for the public work described as follows:
The project entitled "Provide and Install Vehicle and pedestrian-LED Traffic Signal Light Modules", Invitation for Bids No. F24-012 pursuant to the award made to said Principal by the Council of the City of Sunnyvale to do and perform the following work, to wit: furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner, the work as called for, and in the manner designated in, and in strict conformity with, the Plans and Specifications (the "work").
It is acknowledged that the contract provides for a one-year warranty period during which time this Bond remains in full force and effect. The contract and all of its terms and conditions are incorporated into this Bond by reference.
AND WHEREAS, the Contractor is required to furnish a bond in connection with the contract guaranteeing its faithful performance.
AND THEREFORE, we the undersigned Contractor as principal and Everest National Insurance a Deleware corporation, admitted and duly authorized to transact business under the ------- Company
laws of the State of California as surety, are held and firmly bound unto the City as obligee in the sum of Three Hundred Thousand Eight Hundred Twenty Seven and 26/100 Dollars ($300,827.26) (which amount is not less than 100% of the contract price) to be paid to the City or its successors and assigns; and for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION of the obligation is such:
That if the Contractor, (or the Contractor's heirs, executors, administrators, successors or assigns) shall in all respects abide by, and well and truly keep and perform all of the covenants, conditions and agreements in the contract (and any alteration made as provided in the contract) at the time and in the Attachment 2
manner specified and in all respects according to their true intent and meaning; and if the contractor shall indemnify and save harmless the City, its officers, employees and agents, as stipulated in the contract, then this obligation shall become and be null and void; otherwise this obligation shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the contract, the obligation of the Contractor and surety under this Bond shall remain in effect for a period of one (1) year after the completion and acceptance of the work. During that time, if the Contractor (or the Contractor's heirs, executors, administrators, successors or assigns) fails to make full, complete and satisfactory repair and replacement or totally protect the City from any loss or damage made evident during that year which results from or is caused by either defective materials or faulty workmanship in the prosecution of the work, then the obligation shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety shall continue so long as any obligation of the Contractor remains.
No prepayment or delay in payments, and no change, extension, addition or alteration of any provision of the contract or in the specifications agreed to between the Contractor and the City, or any forbearance on the part of the City shall operate to relieve the surety. The surety hereby waives the provisions of Section 2819 of the California Civil Code. The surety waives all rights of subrogation against the City or any person employed by the City. If the contract price increases by the issuance of change orders, the amount specified in this bond shall increase by the same amount.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 21st day of February , 2024 .
SURETY:
{Name}
(Address of Principal Place of Business)
Everest National Insurance Company
CONTRACTOR:
St. Francis Electric, LLC
975 Carden St.
San Leandro, CA 94577
5000 Hopyard Rd., Suite 325, Pleasanton, CA 94588
Telephone No.: 925-401-1444 By:--=--_..F--j _____ _
Facsimile No. Guy Smith
Attachment 2
r,
/iJ§Z/[)
By
•~w
~,
.
Attorney
in
F3Ct
(Notice:
The
signatures
of
the
Surety
and
Contractor
on
this
bond
must
be
acknowledged
before
a
notary
public.)
(Name:
print
or
type)
Title:
President
By:
Robert
W.
Babcock
(Name:
print
or
type)
Title:
Attorney-In-Fact
Attachment 2
ACKNOWLEDGMENT
A
notary
public
or
other
officer
completing
this
cert
ificate
verifies
only
the
identity
of
the
individual
who
signed
the
documen
t to
which
this
certificate
is
attached
, and
not
the
truthfulness
, accuracy
, or
validity
of
that
document.
State
of
Calitor
w
1 County
of
~~
e,...__
On
__._tf ..... ~._._,(U!~ll
"-'-(\J-1---.L.
1-L-J "~j()
-->«....:.._
2,
~+---
before
me
,
--"
f........_..
=-=------'-'-
~
'--"--'---"--'-=-':...:....:....:
c......+4
--=-..::.....:.
~
---'--""-
~
I
I
(i
personally
appeared
_
__,
f~o~
flf~
/t _
_____..
B~tt~b
_ttJi~t_k~-----------
who
proved
to
me
on
the
basis
of
satisfactory
evidence
to
be
the
person(s)
whose
name(s)
is/are
subscribed
to
the
within
instrument
and
acknowledged
to
me
that
he/she/they
executed
the
same
in
his/her/their
authorized
capacity(ies)
, and
that
by
his/her/their
signature(s)
on
the
instrument
the
person(s),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
(Seal)
COM
M
. #237839
4 z
No
tary
Publ
ic -Cal
ifornia
~
Alameda
County
-
M C
omm
. Expires
Oct.
14,
202?.f
Attachment 2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Alameda
On 2/22/2024 before me, Teresa Renee Felder, Notary Public (insert name and title of the officer)
personally appeared Guy Smith, President
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur~ ~ (Seal)
eeeeeoee~
TERESA RENEE FELDER
Notary Public • California 2 Alameda County il:
Commission# 2338119 -
y Comm. Expires Dec 13, 2024
Attachment 2
1£.
everest
" ..
POWER
OF
A HORNEY
EVEREST
NATIONAL
INSURANCE
COMPANY
KNOW
ALL
PERSONS
BY
THESE
PRESENTS:
That
Everest
National
Insurance
Company
, a
corporation
of
the
State
of
Delaware
("Company
") having
its
principal
office
located
at
Warren
Corporate
Center
, 100
Everest
Way
, Warren,
New
Jersey
, 07059
, do
hereby
nominate,
constitute
, and
appoint:
Robert
W.
Babcocl!
, Robert
Terrence
Murphy,
Tammy
Bates
its
true
and
lawful
Attomey(s)-in-fact
to
make,
execute,
attest
, seal
and
deliver
for
and
on
its
behalf
, as
surety
, and
as
its
act
and
deed
, where
required
, any
and
all
bonds
and
undertakings
in
the
nature
thereof
, for
the
penal
sum
of
no
one
of
which
is
in
any
event
to
exceed
UNLIMITED,
reserving
for
itself
the
full
po
wer
of
substitution
and
revocation
.
Such
bonds
and
undertakings
, when
duly
executed
by
the
aforesaid
Attorney(s)-in-fact
shall
be
binding
upon
the
Company
as
fully
and
to
the
same
extent
as
if such
bonds
and
undertakings
were
signed
by
the
President
and
Secretary
of
the
Company
and
sealed
with
its
corporate
seal.
This
Power
of
Attorney
is
granted
and
is
signed
by
facsimile
under
and
by
the
authority
of
the
following
Resolutions
adopted
by
the
Board
of
Directors
of
Company
("Board
") on
April
21,
2016:
RESOLVED
, that
the
President
, any
Executive
Vice
President
, and
any
Senior
Vice
President
are
hereby
appointed
by
the
Board
as
authorized
to
make
, execute
, seal
and
deliver
for
and
on
behalf
of
the
Company
, any
and
all
bonds
, undertakings
, contracts
or
obligations
in
surety
or
co-surety
with
others
and
that
the
Secretary
or
any
Assistant
Secretary
of
the
Company
be
and
that
each
of
them
hereby
is
authorized
to
attest
to
the
execution
of
any
such
bonds
,
undertakings
, contracts
or
obligations
in
surety
or
co-surety
and
attach
thereto
the
corporate
seal
of
the
Company.
RESOLVED,
FURTHER
, that
the
President
, any
Executive
Vice
President
, and
any
Senior
Vice
President
are
hereby
authorized
to
execute
powers
of
attorney
qualifying
the
attorney
named
in
the
given
power
of
attorney
to
execute
, on
behalf
of
the
Company
, bonds and
undertakings
in
surety
or
co-surety
with
others
, and
that
the
Secretary
or
any
Assistant
Secretary
of
the
Company be
, and
that
each
of
them
is
hereby
authorized
to
attest
the
execution
of
any
such
po
wer
of
attorney,
and
to
attach
thereto
the
corporate
seal
of
the
Company.
RESOLVED
, FURTHER
, that
the
signature
of
such
officers
named
in
the
preceding
resolutions
and
the
corporate
seal
of
the
Company
may
be
affi
xed
to
such
powers
of
attorney
or
to
any
certificate
relating
thereto
by
facsimile
, and
any
such
po
wer
of
attorney
or
certificate
bearing
such
facsimile
signatures
or
facsimile
seal
shall
be
thereafter
valid
and
binding
upon
the
Company
with
respect
to
any
bond
, undertaking
, contract
or
obligation
in
surety
or
co-surety
with
others
to
which
it
is
attached
.
IN
WITNESS
WHEREOF,
Everest
National
Insurance
Company
has
caused
their
corporate
seals
to
be
affixed
hereto,
and
these
presents
to
be
signed
by
their
duly
authorized
officers
this
10 th
day
of
October
2023
.
Everest
Reinsurance
Company
By:
Anthony
Romano
, Senior
Vice
President
On
this
15th
day
of
February
2023
, before
me
personally
came
Anthony
Romano,
known
to
me
, who,
being
duly
sworn,
did
execute
the
above
instrument:
that
he
knows
the
seal
of
said
Company
; that
the
seal
affixed
to
the
aforesaid
instrument
is
such
corporate
seal
and
was
affixed
thereto;
and
that
he
executed
said
instrument
by
like
order
.
LINDA
ROBINS
Notary
Public,
State
of
New
York
No
01 R06239736
Qualified
In
Queens
County
Term
Expires
April
25,
2027
Linda
Robins,
Notary
Public
I, Sylvia
Semerdjian,
Secretary
of
Everest
National
Insurance
Company
do
hereby
certify
that
I have
compared
the
foregoing
copy
of
the
Pom,r
cf
Attorney
and
affidavit
, and
the
copy
of
the
Section
of
the
bylaws
and
resolutions
of
said
Corporation
as
set
forth
in
said
Power
of
Attorney
, with
the
ORIGl~AU;,
ON
FILE
IN
THE
HOME
OFFICE
OF
SAID
CORPORATION,
and
that
the
same
are
correct
transcripts
thereof,
and
of
the
whole
of
the
said
crig
.inal,;,
and
!hat
the
said
Power
of
Attorney
has
not
been
revoked
and
is
now
in
full
force
and
effect.
IN
WITNESS
WHEREOF,
I have
hereunto
set
my
hand
and
affixed
the
seal
of
said
Company
, this
21st
day
of
Fet>ruaiy
,202~
.
By:
Sylvia
Semerdjian
, Secretary
ES
00 01
04 16
Attachment 2
Payment
Bond
#ES00015966
Premium
: Included
in
Performane
Bond
EXHIBIT
E
PAYMENT
BOND
Invitation
for
Bids
No
. F24-012
Provide
and
Install
Vehicle
and
pedestrian-LED
Traffic
Signal
Light
Modules
KNOW
ALL
MEN
BY
THESE
PRESENTS
:
THAT
WHEREAS
, the
City
of
Sunnyvale
("City")
has
awarded
to
{S
t.
Francis
Electric
LLC
.}
as
principal
("Contractor"),
a
contract
for
the
work
described
as
follows
:
The
project
entitled
"Provide
and
Install
Vehicle
and
pedestrian-LED
Traffic
Signal
Light
M
odules",
Invitation
for
Bids
No
. F24-
012
"
pursuant
to
the
award
made
to
said
Principal
by
the
City
of
Sunnyvale
to
do
and
perform
the
following
work
, to
wit:
furnish
all
tools
, equipment,
apparatus
, facilities
, labor
, transportation,
supervision
and
management
necessary
to
perform
and
complete
in
a
good
and
workmanlike
manner
, the
work
as
called
for
, and
in
the
manner
designated
in,
and
in
strict
conformity
with,
Invitation
for
Bids
No.
F24-012.
It
is
acknowledged
that
the
contract
provides
for
a
one-year
warranty
period
during
which
time
this
Bond
remains
in
full
force
and
effect.
The
contract
and
all
of
its
terms
and
conditions
are
incorporated
into
this
Bond
by
reference
.
AND
WHEREAS,
the
Contractor
is
required
to
furnish
a
bond
in
connection
with
the
contract
guaranteeing
payment
of
persons
who
provide
labor
and
material;
Everest
National
Insurance
Company
AND
THEREFORE
, we
the
undersigned
Contractor
as
principal
and
_______
, a
Delawar~ corporation
, admitted
and
duly authorized
to
transact
business
under
the
laws
of
the
State
of
California,
as
surety
,
are
held
and
firmly
bound
unto
the
City
or
its
successors
and
assigns
as
obligee
in
the
sum
of
Three
Hundred
Thousand
Eight
Hundred
Twenty
Seven
and
26/100
Dollars
($300
,827
.26)
; (which
amount
is
not
less
than
100%
of
the
contract
price)
and
for
which
payment
, well
and
truly
to
be
made
, we
bind
ourselves
, our
heirs,
executors
and
administrators
, successors
or
assigns,
jointly
and
severally,
firmly
by
these
presents
.
THE
CONDITION
of
the
obligation
is
such:
That
if
the
Contractor
,
(or
the
Contractor's
subcontractors
,
heirs
,
executors
,
administrators
,
successors
or
assigns)
fails
to
pay
any
of
the
persons
named
in
Section
3181
of
the
Civil
Code
of
the
State
of
California,
or
the
amounts
due
under
the
Unemployment
Insurance
Code
of
the
State
of
California
with
Attachment 2
respect
to
work
or
labor
performed
under
the
Contract
, or
for
any
amounts
required
to
be
deducted
,
withheld
, and
paid
over
to
the
Employment
Development
Department
from
the
wages
of
employees
of
the
contractor
and
subcontractors
pursuant
to
Section
13020
of
the
Unemployment
Insurance
Code
of
the
State
of
California
, with
respect to
such
work
and
labor
, that
the
surety
will
pay
for
the
same
, in
an
amount
not
exceeding
the
sum
specified
in
this
bond
, and
also,
in
case
suit
is
brought
upon
the
bond,
shall
pay
reasonable
attorney's
fees
, to
be
fixed
by
the
Court
.
This
bond
shall
inure
to
the
benefit
of
any
and
all
persons,
companies
, and
corporations
named
in
Section
3181
of
the
Civil
Code
of
the
State
of
California
, so
as
to
give
a
right
of
action
to
them
or
their
assigns
in
any
suit
brought
upon
th
is
bond
.
No
prepayment
or
delay
in
payments
, and
no
change
, extension
, addition
or
alteration
of
any
provision
of
the
contract
or
in
the
specifications
agreed
to
between
the
Contractor
and
the
City,
or
any
forbearance
on
the
part
of
the
City
shall
operate
to
relieve
the
surety
.
The
surety
hereby
waives
the
provisions
of
Section
2819
of
the
California
Civil
Code
. The
surety
waives
all
rights
of
subrogation
against
the
City
or
any
person
employed
by
the
City
.
If
the
contract
price
increases
by
the
issuance
of
change
orders
, the
amount
specified
in
this
bond
shall
increase
by
the
same
amount.
IN
WITNESS
WHEREOF,
we
have
hereunto
set
our
hands
and
seals
on
this
21st
day
of
February
, 202.4
SURETY
:
{Name} (Address
of
Principal
Place
of
Business
Everest
National
Insurance
Company
CONTRACTOR: St.
Francis
Electric
, LLC
975
Carden
St.
San
Leandro
, CA
94577
5000
Hopyard
Rd.
, Suite
325
, Pleasanton
, CA
94588
Telephone
No
.:
925-401-1444
Facsimile
No.
Guy
Smith
Attachment 2
(Notice:
The
signatures
of
the
Surety
and
Contractor
on
this
bond
must
be
acknowledged
before
a
notary
public.)
(Name:
print or
type)
Title:
President
By:
Robert
W
. Babcock
(Name:
print
or
type)
Title:
Attorney-In-Fact
Attachment 2
ACKNOWLEDGMENT
A
notary
public
or
other
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not
the
truthfulness,
accuracy
, or
validity
of
that
document.
State
of
Californ
j1
!
County
of
ttL~tltR~to. '
personally
appeared
------1!=1+~.J_J.--'-'=JL!::~~---------------
who
proved
to
me
on
the
ba
is
of
satisfactory
evidence
to
be
the
person(s)
whose
name(s)
is/are
subscribed
to
the
within
instrument and
acknowledged
to
me
that
he/she/they
executed
the
same
in
his/her/their
authorized
capacity(ies)
, and
that
by
his/her/their
signature(s)
on
the
instrument
the
person(s),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
(Seal)
EDGAR
VALENCIA
MURILLO
t
COMM
. #
2378394
z
No
tary
Public
• California
~
Alameda
County
-:
'-I:..
"".'~
¥
M
Comm.
Expires
Oct.
14,
2025
'
Attachment 2
ACKNOWLEDGMENT
A
notary
public
or
othE;!r
officer
completing
this
certificate
verifies
only
the
identity
of
the
individual
who
signed
the
document
to
which
this
certificate
is
attached,
and
not the
truthfulness,
accuracy
, or
validity
of
that
document.
State
of
California
County
of
Alameda
On
2/22/2024
before
me,
Teresa
Renee
Felder,
Notary
Public
(insert
name
and
title
of
the
officer)
personally
appeared
Guy
Smith,
President
who
proved
to
me
on
the
basis
of
satisfactory
evidence
to
be
the
person(s)
whose
name(s)
is/are
subscribed
to
the
within
instrument
and
acknowledged
to
me
that
he/she/they
executed
the
same
in
his/her/their
authorized
capacity(ies),
and
that
by
his/her/their
signature(s)
on
the
instrument
the
person(s),
or
the
entity
upon
behalf
of
which
the
person(s)
acted,
executed
the
instrument.
I certify
under
PENAL
TY
OF
PERJURY
under
the
laws
of
the
State
of
California
that
the
foregoing
paragraph
is
true
and
correct.
WITNESS
my
hand
and
official
seal.
Signature
f~
=
{Seal)
eee•••••
~
TERESA
RENEE
FELDER
Notary
Public
• California
:
Alameda
County
S::
Commission
II 2 333119
-
y Comm.
Expires
Dec
13,
2024
Attachment 2
il,._
everest
·~
POWER
OF
A HORNEY
EVEREST
NATIONAL
INSURANCE
COMPANY
KNOW
ALL
PERSONS
BY
THESE
PRESENTS
:
That
Everest
National
Insurance
Company,
a
corporation
of
the
State
of
Delaware
("Company
") having
its
principal
office
located
at
Warren
Corporate
Center
, 100
Everest
Way
, Warren,
New
Jersey
, 07059
, do
hereby
nominate
, constitute
, and
appoint:
Robert
W.
Babcock,
Robert
Terrence
Murphy,
Tammy
Bates
its
true
and
lawful
Attorney(s)-in-fact
to
make
, execute,
attest
, seal
and
deliver
for
and
on
its
behalf
, as
surety
, and
as
its
act
and
deed,
where
required
, any
and
all
bonds
and
undertakings
in
the
nature
thereof
, for
the
penal
sum
of
no
one
of
which
is
in
any
event
to
exceed
UNLIMITED
, reserving
for
itself
the
full
power
of
substitution
and
revocation
.
Such
bonds
and
undertakings
, when
duly
executed
by
the
aforesaid
Attorney(s}-in-fact
shall
be
binding
upon
the
Company
as
fully
and
to
the
same
extent
as
if such
bonds
and
undertakings
were
signed
by
the
President
and
Secretary
of
the
Company
and
sealed
with
its
corporate
seal.
This
Power
of
Attorney
is
granted
and
is
signed
by
facsimile
under
and
by
the
authority
of
the
following
Resolutions
adopted
by
the
Board
of
Directors
of
Company
("Board
") on
April
21 , 2016:
RESOLVED
, that
the
President
, any
Executive
Vice
President
, and
any
Senior
Vice
President
are
hereby
appointed
by
the
Board
as
authorized
to
make
, execute
, seal
and
deliver
for
and
on
behalf
of
the
Company,
any
and
all
bonds
, undertakings
, contracts
or
obligations
in
surety
or
co-surety
with
others
and
that
the
Secretary
or
any
Assistant
Secretary
of
the
Campany
be
and
that
each
of
them
hereby
is
authorized
ta
attest
ta
the
execution
of
any
such
bands
,
undertakings
, contracts
or
obligations
in
surety
or
ca-surety
and
attach
thereto
the
corporate
seal
of
the
Campany.
RESOLVED,
FURTHER
, that
the
President
, any
Executive
Vice
President
, and
any
Senior
Vice
President
are
hereby
authorized
ta
execute
po
wers
of
attorney
qualifying
the
attorney
named
in
the
given
po
wer
of
attorney
ta
execute
, an
behalf
of
the
Campany
, bands and
undertakings
in
surety
or
ca-surety
with
others
, and
that
the
Secretary
or
any
Assistant
Secretary
of
the
Campany
be
, and
that
each
of
them
is
hereby
authorized
ta
attest
the
execution
of
any
such
power
of
attorney,
and
ta
attach
thereto
the
corporate
seal
of
the
Campany
.
RESOLVED,
FURTHER
, that
the
signature
of
such
officers
named
in
the
preceding
resolutions
and
the
corporate
seal
of
the
Company
may
be
affi
xed
ta
such
powers
of
attorney
or
ta
any
certificate
relating
thereto
by
facsimile
, and
any
such
po
wer
of
attorney
or
certificate
bearing
such
facsimile
signatures
or
facsimile
seal
shall
be
thereafter
valid
and
binding
upon
the
Campany
with
respect
ta
any
band
, undertaking
, contract
or
obligation
in
surety
or
co-surety
with
others
ta
which
it
is
attached
.
IN
WITNESS
WHEREOF,
Everest
National
Insurance
Company
has
caused
their
corporate
seals
to
be
affixed
hereto
, and
these
presents
to
be
signed
by
their
duly
authorized
officers
this
10 th
day
of
October
2023
.
Everest
Reinsurance
Company
By:
Anthony
Romano
, Senior
Vice
President
On
this
15th
day
of
February
2023,
before
me
personally
came
Anthony
Romano,
known
to
me,
who,
being
duly
sworn,
did
execute
the
above
instrument;
that
he
knows
the
seal
of
said
Company;
that
the
seal
affixed
to
the
aforesaid
instrument
is
such
corporate
seal
and
was
affixed
thereto
; and
that
he
executed
said
instrument
by
like
order.
LINDA
ROBINS
Notary
Public,
State
of
New
York
No
01 R06239736
Qualified
in
Queens
County
Term
Expires
April
25 , 2027
Linda
Robins,
Notary
Public
I, Sylvia
Semerdjian
, Secretary
of
Everest
National
Insurance
Company
do
hereby
certify
that
I have
compared
the
foregoing
copy
of
the
Powe
r of
Attorn
ey
and
affidavit
, and
the
copy
of
the
Section
of
the
bylaws
and
resolutions
of
said
Corporation
as
set
forth
in
said
Power
of
Attorney
, with
the
ORIGINALS
ON
FILE
IN
THE
HOME
OFFICE
OF
SAID
CORPORATION,
and
that
the
same
are
correct
transcripts
thereof,
and
of
the
whole
of
the
said
c;fi,;:
in3Is
, ;!lld
that
tha
said
Power
of
Attorney
has
not
been
revoked
and
is
now
in
full
force
and
effect.
•
IN
WITNESS
WHEREOF
, I have
hereunto
set
my
hand
and
affixed
the
seal
of
said
Company
, this
21st
day
of
Febru~~202.
,1±_
.
4 $1,~stlr
~
f. ~ ~. &
'-f'O
P..,,;
"'"~
\\
c!'
.
SEAL
r'>
llj
~i\
J?IS
;
3 j
•~
ol
.?n,,w
•f5;,~..::,~
/'
.,v>
-•• p-
=
=
By:
Sylvia
Semerdjian
, Secretary
ES
00 010416