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Siemens Industry Inc; 2018-04-16; PWM18-126TRAN
CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT SIEMENS REPAIR JOBS PWM 18-126TRAN This agreement is made on the /({2th.-day of · , 2018, by the City of Carlsbad, California, a municipal corporation, (hereinafter c lied "City"), and Siemens Industry, Inc., a California corporation whose principal place of business is 1820 John Towers Ave., Ste. A, El Cajon, CA 92021 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Tam Tran (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. Siemens Repair Jobs Page 1 of 8 City Attorney Approved 9/27/16 PWM 18-126TRAN FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prev rom further bidding on public contracts for a period of up to five years and that debarment b ther jur" fction is grounds for the City of Carlsbad to disqualify the Contra tor or subcontract rticip · g in contract bidding. Signature: Print Name: Michael REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite· or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Siemens Repair Jobs Page 2 of 8 City Attorney Approved 9/27 /16 PWM 18-126TRAN INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fourteen (14) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. SIEMENS INDUSTRY INC, a California corporation Ill Ill Ill Ill Ill Ill (name of Contractor) 758796 (Contractor's license number) A, B, C10, C16 2/28/19 (license class. and exp. date) 1000002447 (DIR registration number) 6/30/18 (DIR registration exp. date) Siemens Repair Jobs Page 3 of 8 1820 John Towers Ave., Ste. A (street address) El Cajon, CA 92021 (city/state/zip) 619-562-1104 (telephone no.) N/A (fax no.) Christina.hlavac@siemens.com (e-mail address) City Attorney Approved 9/27/16 PWM 18-126TRAN AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR SIEMENS INDUSTRY, INC., a California corporation By· CITY OF CARLSBAD, a municipal corporation ------------, of the State of California By: Michael Hutchens, Operations Manager, West (print name/title) By: Steven Teal, Director of Services, USA (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. lf....§ corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: Siemens Repair Jobs Page 4 of 8 City Attorney Approved 9/27/16 PWM 18-126TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., % of be Subcontracted No. Classification & Total Expiration Date Contract None Total % Subcontracted: The Contractor must perform no less than fifty percent (50%) of the work with its own forces Siemens Repair Jobs Page 5 of 8 City Attorney Approved 9/27/16 PWM 18-126TRAN EXHIBIT B Siemens Repair Jobs JOB QUOTATION ITEM UNIT QTY DESCRIPTION PRICE NO. 1 LS 1 Carlsbad Blvd. @ Poinsettia Ln W/B -Relocate westbound Mast $1,770 Arm Signal Head with new Tenon Mast Arm Mount and relocate existing westbound overhead Signal Head and Install Red, Yellow, Green Arrow LED's for westbound direction pointin!.1 to the riQht. 2 LS 1 Poinsettia Ln @ Ave Encinas -Install a Northbound Right Turn $4,350 Overlap as requested. We will complete the following: *Furnish and Install New 5 Section and3 Section Poly Signal Heads complete with LED's and new Framework and pull 5 Conductor Cable as needed on SEC. *Furnish and Install new 5 Section Head complete with LED's and Framework and pull 5 Conductor Cable as needed on NEC. *Hook up wiring in cabinet and field and proQram controller for proper operation. 3 LS 1 Varoius Locations city wide -Install city supplied Wireless $25,725 Radios & Omni Antennas at requested locations city-wide and pull all necessary CAT5 Cable and hook up in cabinets and field; program for proper operation. See attached map (Offline Map.pdf attached) 4 LS 1 Labor and Material Bond fee $636.90 TOTAL* $32,481.90 *Includes taxes, fees, expenses and all other costs. Siemens Repair Jobs Page 6 of 8 City Attorney Approved 9/27 /16 {city of Carlsbad Exhibit "B" N A DELEGATION OF APPROVAL AUTHORITY FROM PRESIDENT KEVIN RIDDETT AND VICE PRESIDENT FINANCE & BUSINESS ADMINISTRATION MATTHIAS SCHLELEIN Mobility Management Urban Transport/ MainHne Transport (RS) Intelligent Traffic Systems Rail Electrification Customer Services SIEMENS INDUSTRY, INC. -MOBILITY DIVISION A Toe undersigned Kevin Riddett, President and Matthias Schlelein, Vice President, Finance and Business Administration of the Moblllty Division of Siemens Industry, Inc. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as President and Vice President Finance & Business Administration to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing Instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s} may exercise such authority for and on our behalf up to $10 million. AUTHORIZED SIGNATORIES Busjness Operations Finance/Central Sui;mort Function (Name/Position) (Name/Position) John Paljug Marsha Smith VP-MM Senior Director, FBA -MM Michael Cahill, Christopher Halleus, VP-RS FSA-RS Robin .Stimson Michael Tyler Vice President RS MK&S Senior Director, CS Chris Maynard Madeline Rodriguez Senior Director RS CS Director, RS LOC/BG Steffen Goeller Christopher Giesch VP-TPE FBA-TPE Dave Ward James Thornton, Vice President. RS LOC/BG Head of Procurement, MO Marcus Welz Rajarshi Ghosh ITS ITSBA 8. It [s further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute In the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of $5 million. Any such _delegation extends to but Is limited to the same scope, documents and subject matter as referenced and granted in Paragraph A, limited to the monetary amount stated in this Paragraph. AUTHORIZED SIGNATORIES . ~s]~§ Ogerations finance/Central Su~~oit Function (Name/Position) (N::ime/Po .. ition) Douglas Dreisbach Mary Rachel Pearce Director of Prolects -MM· Director of Finance & Administration -MM Bradley Hall Scott Caroer 1 VP, Sales Manaqer FBA-MM Jack Wilson Valerle Conway MM Sales Senior-Director SCM RS Steve Gitkin Jessica Shaiegan Sales Director -ITS MM c. It rs further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execuie In the name, or on behalf of the Corporation, the same documents as referenced In paragraph A, up to and including a transactional limit of $3 m!Jllon. Any such delegation extends to but Is limited to the same scope, documents and subject matter as referenced and granted ln Paragraph A, limited to the monetary amount stated ln this Paragraph AUTHORIZED SIGNATORIES Business Operations Flnarn;;e[Central su12port Function {Name/Position) <Name/Position) David Gutierrez Nikki Bassi Director RS UT Director RS Tony Ritter Cathie Steele Director, CS Segment Controller RS CS UT Reiner·Martln Kim Swain Director RS CS Segment Controller, RS Metros & Coaches Omid Akbarzadeh-Paydar Fleur Gessner Business Manager Bogies RS LOC BG Sei1ment Controller, RS BG Mark Bennett Carrie Hernandez Vice President -RS Operations sec SPR RS Raymond Ginnell Michelle Picard General Protect Manager, RS Director, RS Jaimie Doherty Mirko Giese Director, RI HI BA Armin Kick Claus Maucher Director, RS HI Finance Director, ITS Services Steve Teal Director, ITS Services D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced In paragrapli A, up to and including a transactional limit of $1 million. Any such delegation extends to but Is limited to the same scope, documents and subject matter as referenced and granted in Paragraph A, limited to the monetary amount stated in this Paragraph~ AUTHORIZED SIGNATORIES Bu§iness Ogerat!ons Finaoce/Cen:tta! Sui;mort Function fName/Positio n \ (Name/Position\ Stephan Klein, Tommy C~arurat Director MM Director Performance Controllina, RS Paul Eliea, Sandra Kluthausen, Director MM Commercial Manaaer David Costello, G!sefa Kaufmann Director . MM Controller Dave Jeanette Rudolf Wagner Manaoer MM Performance Controlling Jim Lyons Constanze Kutschki Sr. ManaQer , MM Manager, Order Management RS Jeff Balogh Kathrin Schicketanz Sr. Director MM Commercial Proiect Manaaer, RS LOC George Long ·Ronald Staaas 2 Director Engineering RS Commercial Prolect Manager, RS UT Greg Tindall Mary Matos Director, Quality RS Commercial Project Manager RS UT Robert Martner Vesa Venttinen Senior Project Manager, RS LOC Commercial Proiect ManaQer RS UT Jeffrey Curran Alexander Jankowski Project Manager RS UT Commercial Proiect Manager, RS UT Duane Kopp Christine Jaw Project ManaAer, RS UT Commercial Project Manager, CS Ron VanHuuksloot Steffen Hertel Proiect Manaqer, RS UT Commercial Project Manager RS LOC Thomas Stehlik Larry Chen Profect Manager RS UT Commercial Project Manaqer cs Viorel Aninoju Kavita Patel Project Manager, RS UT Commercial Prolect Manager cs Carsten Nebe Paul Berquam, Prolect Manager RS UT Director Business Continuity RS Mark Anderson Patrick Blackburne Project Manager CS Commercial Project Manaoer, RS Aaldrik Metting Craig Debevoise Project Manager CS Projects Commercial Jochen Woem Christoph HIigers Proiect Manager, CS Director Operations Controlllno RS Brad Bonn Manuel Schimhofer Protect Manager cs Commercial Project Manager RS LOC Chander Khanna, Miriam Sheer Sr. Director, Manufacturlna Processes RS Commerc!af Project Manaaer. cs Paul Aichholzer Christopher Smith Prolect Manaaer RS LOC Commercial Proiect Manaaer RS UT Digant Dave, David Spence Proiect Manaaer, CS Commercial Project Manager Ibrahim Kalender Stefan Hofer - Prolect Manaaer, RS BG Commercial Prolect Manager Barry Sidler Sabine Andrikos Proaram Manager cs Commercial Service Mana.aer Michael Diaz Natalie Maga Projects Commercial Proiect Manaaer, MM Dlmitrios Andrikos Matthew Chalmers Sales Operations Commercial Project Manager, MM Christopher Romeo Michael Danka Operations manaqer Commercial Project Manaaer. MM Mike Emmons Operations Manager Luis Correla Prolect Manaaer, CS Trine Boedker Jensen Proiect Mana.Qer CS Michael Hutchens Operations Manager William Tucker Operations Manaoer Christopher Mcelroy Service Account Manager E. It ls further acknowledged that each of the signatures of the persons referred to in paragraphs A, 8, C and D are binding upon the Corporation. 3 F. It is further acknowledged that any document shall require the signature of two (2) of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. G. It Is further acknowledged that each of the persons referred to herein Is authorized to delegate such person's authority_ hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. H. It Is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to Issue certifications attesting to the Incumbency, authority and status of any of the persons referred to In this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and ,;iffixed the corporate seal of the said Corporation, as of the 1st day of January, 2016. · t, e s Industry, Inc. ability Division Matthias Schleleln Vice President, Finance and Business Administration Siemens Industry, Inc. Mobility Division 4 . EXHIBIT C LABOR AND MATERIALS BOND Bond Number: 8246-10-12 Premium: $200.00 PWM18-126TRAN WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Siemens Industry, Inc., a California corporation (hereinafter designated as the "Principal"), a Contract for: SIEMENS REPAIR JOBS in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, SIEMENS INDUSTRY, INC., as Principal, (hereinafter designated as the "Contractor"), and Federal Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of THIRTY TWO THOUSAND FOUR HUNDRED EIGHTY ONE DOLLARS AND NINETY CENTS ($32,481.90), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the Contract by the City of Carlsbad, 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 THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this 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 with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Siemens Repair Jobs Page 7 of 8 City Attorney Approved 9/27/16 , . PWM 18-126TRAN In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this _2_n_d ___ _ day of April ,20~. CONTRACTOR: Siemens Industry Inc. Executed by SURETY this of April 2nd day 20 18 '--· SURETY: Federal Insurance Company (name of Surety) 202B Halls Mill Road, Whitehouse Station, NJ 08889 (address of Surety) 908-903-2000 (telephone number of Surety) \ (signatur of Brittany D. Clavin, A orney-ln-Fact (printed name of Attorney-in-Fact) ~,tmens --TI ,v-ectov of Service (attach corporate resolution showing current power of attorney) (title and organization of signatory) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A BREWER By: 2 ,r City Attorney~ o&yC;tyAttorney Siemens Repair Jobs Page 8 of 8 City Attorney Approved 9/27/16 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 d County of Riversi e on April 2nd, 2018 before me, Candace Gallaher -Notary Public (insert name and title of the officer) personally appeared Michael Hutchens and Steven Teal who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-f9fare subscribed to the within instrument and acknowledged to me that hefstle/they executed the same in l:lis11herttheir authorized capacity(ies), and that by A-isA=ler/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. f\ (Seal) . ,eoeeooooooooooool · a CANDACE GALLAHER j . · Commission# 2117338 < • Notary Public -California I z > z Orange County ... t O O O O ,Ml soT'll· 5-eir:s Jul2.4·}~1 :I ACKNOWLEDGMENT BY SURETY STATE OF Missouri } ss. City of St. Louis ------------- On this day of 2018 , before me personally ---------------------- appeared Brittar\Y D. Clavin , known lo me to be the Attorney-in-Fact of ------------------------ , the corporation that executed the within instrument, and acknowledged lo me that such corporation executed the same. IN WITNESS \VHEREO F, I have herew1to set my hand and aflixed my official seal, at my office in the aforesaid County, the clay and year in this certificate first above written. My Commission Expires: 01/18/2021 (Seal) Ir SANDRA L. HAM ff I Notary Public. Notory Seal ~. State of Missouri ~; St. Louis County ~,, Commission # l 2450 l 7 7 t My Cornrntsslon Expires January 18, 2021 S-0230/GEEF 2/98 &mclra L. Ham ' Notary Public in the State of Missouri County of St. Louis Commission # 12150177 CHU E3 E3' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Pamela A. Beel man, Cynthia L. Choren, Brittany D. Clavin, Joann R. Frank, Sandra L. Ham, Heidi A. Notheisen, Karen L. Roider and Debra C. Schneider of St. Louis, Missouri--------------------------------------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise. bonds on behalf of contractors in connection with bids, proposals or contracts to the Commonwealth of Kentucky in an unlimited amount. It is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -Department of Highways of the Commonwealth of Kentucky at least thirty days prior to the modification or revocation. In Wimess Whereof. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 22nd day of September, 2017. ST ATE OF NEW JERSEY County of Hunterdon ss SIL'phm \l lL111c1. Vic'l' l'rl'sidl'nt On this 22nd day of September, 2017 before me. a Notary Public of New Jersey, personally came Dawn M. Chloros. to me known to be Assistant Secretary of FEDERAL INS CRANCE COMPANY. VIGILANT INSURANCE COMPANY. and PACIFIC INDEM:'l'ITY COMPA:XY, the companies which executed the foregoing Power of Attorney. and the said Dawn M. Chloros. being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof. that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen :vi. I laney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney. subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney. and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal KATHERINE J. ADELMR NOTARY PUBLIC OF NEW JERSEY No. 2318686 Comm1S&1011 Exp1,.,, ,My 16, 201& CERTIFICATION Resolutions adopted by the Boards ofDirectors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY on August 30. 2016: "RESOLVED, that the following authorizations relate to the execution. for and on behalf of the Company. of bonds. undertakings, recognizances. contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (1) Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company. under the seal of the Company or otherwise (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of rhe Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise. such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments (4) Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized. for and on behalf of the Company. to delegate in writing to any other officer of the Company the authority to execute. for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation. which specification may be by general type or class of Written Commitments or by specification of one or more panicular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution. and the seal of the Company. may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RF.SOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers. employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I. Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPA:XY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby cenifythat (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect. (ii) the Companies are duly licensed and authorized to transact surety business in all SO of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true. correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this ~8(1) 2rrl diy of April, 2018. C)C),W)..._ 'ff\, ~~ IN THE EVENT YOU WISH TO NOTIFY t.:S OF A CLAIM. VERIFY THE AUTHEr>;TICITY OF THIS BOl'iD OR NOTIFY US OF ANY OTHER MATIER. PLEASE CONTACT US AT: Tele hone (908) 903· 3493 Fax (908) 903-3656 e-maiL sure @chubb.com Form 15-10-0192B-U KY HWY (rev. 12-16) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2017 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments................ $ United States Government, State and Municipal Bonds ........................................ . Other Bonds ................................................. . Stocks .......................................................... . Other Invested Assets .................................. . TOTAL INVESTMENTS .............................. . Investments in Affiliates: Chubb Investment Holdings, Inc ............... . Great Northern Insurance Company ......... . Vigilant Insurance Company ..................... .. Chubb Indemnity Insurance Company ...... . Chubb National Insurance Company ........ . Chubb European Investment Holdings, SLP . Other Affiliates ........................................... . Premiums Receivable .................................. . Other Assets ................................................ . (78,340) 7,063,387 5,366,068 134,041 1,006,599 13,491,755 3,890,677 557,388 327,316 171,786 171,493 119,836 76,806 1,594,780 1,368,203 Outstanding Losses and Loss Expenses ..... $ Unearned Premiums .................................... . Ceded Reinsurance Premiums Payable ...... . Provision for Reinsurance ........................... . Other Liabilities ............................................ . TOTAL LIABILITIES ................................... . Capital Stock .............................................. .. Paid-In Surplus ........................................... .. Unassigned Funds ...................................... . SURPLUS TO POLICYHOLDERS ............. . 10,545,326 2,087,124 739,431 57,140 1,044,341 14,473,362 20,980 3,209,193 4,066,505 7,296,678 TOTAL ADMITTED ASSETS ...................... $ 21,770,040 TOTAL LIABILITIES AND SURPLUS .......... $ 21,770,040 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. At December 31, 2017, investments with a carrying value of $558,430,596 were deposited with government authorities as required by law. State, County & City of New York, -ss: ________ D_a_w_n_M_._C_h_lo_ro_s_,_A_s_s_i_st_a_n_t_S_e_c_re_t_a_ry _____ of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2017 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2017. Subscribed and sworn to before me this March 1, 2018. (\ ,u. , n Ho ~ JEANETTE SHIPSEY -----+~-+-----------+-+-------Notary Public, State of New York Nata~ No. 02SH5074142 Form 15-10-0313A (Rev. 3/18) Qualified in Nassau County Commission Expires March 10, 2019 Assistant Secretary ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 12/0712017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: MARSH USA, INC. r.~~NJ~ Cv"· I FAX 445 SOUTH STREET IA/C Nol: MORRISTOWN, NJ 07960-6454 E-MAIL ADDRESS: INSURER(Sl AFFORDING COVERAGE NAIC# 100129-MOBI-CA WC-17I18 MOBI HLAVA NOC60 INSURER A : HDI Global Insurance Comoanv 41343 INSURED INSURER B: The Travelers Indemnity Comoanv 25658 SIEMENS INDUSTRY, INC. MOBILITY DIVISION INSURER c: Travelers Property Casualty Co. of America 25674 1000 DEERFIELD PARKWAY INSURER D: BUFFALO GROVE, IL 60089-4513 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· NYC-010167779-31 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,u,m W\ln POLICY NUMBER IMM/DD/YYYYl !MM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY GLD1110109 1010112017 1010112018 EACH OCCURRENCE $ 1,000,000 >---D CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED PREMISES !Ea occurrence l $ 1,000,000 >--- MED EXP (Any one person) $ 100,000 >--- PERSONAL & ADV INJURY f---$ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 Pl D PRO-DLOC PRODUCTS -COMP/OP AGG $ INCL. POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY TC2JCAP7440L34A 17 1010112017 1010112018 COMBINED SINGLE LIMIT $ 2,000,000 /Ea accident\ >---X ANY AUTO BODILY INJURY (Per person) $ NIA >---OWNED ~ SCHEDULED X BODILY INJURY (Per accident) $ NIA >---AUTOS ONLY >---AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ NIA AUTOS ONLY AUTOS ONLY /Per accident\ >---$ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ >--- EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ C WORKERS COMPENSATION TC2OUB8049X50817 (AOS) 10101/,017 1010112018 X I ~ffTUTE I I OTH-ER B AND EMPLOYERS' LIABILITY Y/N TRKUB8049X51A17 (AZ, MA, OR& WI) 1010112017 1010112018 ANYPROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? N/A TWXJUB7 440L33817 (OH & WA) 1010112017 1010112018 (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below """"'$500K LIMIT I $500K SIR""""' E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: PWM18-75UTIL SEE ATTACHED CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBADICMWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1635 FARADAY AVE. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CARLSBAD, CA 92008 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Manashi Mukherjee -l-tA~ ....... ~ © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _10_0_1_2_9 _______________ _ LOC #: Morristown ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED MARSH USA, INC. SIEMENS INDUSTRY, INC. MOBILITY DIVISION POLICY NUMBER 1000 DEERFIELD PARKWAY BUFFALO GROVE, IL 60089-4513 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance RE: PWM18-75UTIL CITY OF CARLSBAD/CMWD IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT UNDER THE REFERENCED GENERAL LIABILITY AND AUTOMOBILE LIABILITY INSURANCE POLICIES. SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE & OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY & NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY. WAIVER OF SUBROGATION IS EFFECTUAL $1,000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON-PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 60 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. Page 2 of 2 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ~ TRAVELERS] WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00) - POLICY NUMBER: (TC20UB-8049X50-8-17) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM A WAIVER OF SUBROGATION IS REQUIRED BY CONTRACT OR AGREEMENT OR PERMIT, BUT COVERAGE IS LIMITED TO THE SCOPE OF THE WORK PERFORMED BY THE INSURED UNDER SUCH CONTRACT, AGREEMENT OR PERMIT. DATE OF ISSUE: 00-20-11 ST ASSIGN: