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HomeMy WebLinkAboutPatterson Brothers Lighting Inc; 2021-08-10; PWM22-1537TRANPWM22-1537TRAN Pole Repair at Five Locations Page 1 of 12 City Attorney Approved 1/20/2020 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT POLE REPAIR AT FIVE LOCATIONS This agreement is made on the ______________ day of _________________________, 2021, by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Patterson Brothers Lighting, Inc., a California corporation whose principal place of business is PO Box 2037, Lakeside, CA 92040 (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: Matt Paxson (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. 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. DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 10th August PWM22-1537TRAN 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. 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 prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ~eY~ Print Name: Kyle Patterson 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. Pole Repair at Five Locations Page 2 of 12 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN Pole Repair at Five Locations Page 3 of 12 City Attorney Approved 1/20/2020 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. 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 thirty (30) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within ninety (90) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Patterson Brothers Lighting, Inc. PO Box 2037 (name of Contractor) 501334 (street address) Lakeside, CA 92040 (Contractor’s license number) C-10 Electrical 11/30/22 (city/state/zip) 619-390-2875 (license class. and exp. date) 1000007848 (telephone no.) 619-390-2875 (DIR registration number) 6/30/24 (fax no.) Kyle@Pattersonbrotherslighting.com (DIR registration exp. date) (e-mail address) /// /// /// /// DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN Ill Ill Ill 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 PATTERSON BROTHERS LIGHTING, INC., a California corporation By: ~ \ ,-- (sign here) Kyle Eugene Patterson, President & CFO (print name/title) (sign here) Kenneth Andrew Hall, Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager If required by City, proper notarial acknowledgment of execution by Contractor must be attached. ~ 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: CELIA A. BREWER, City Attorney BY: __________ _ Assistant City Attorney Pole Repair at Five Locations Page 4 of 12 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN Pole Repair at Five Locations Page 5 of 12 City Attorney Approved 1/20/2020 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 be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract NONE Total % Subcontracted: 0% The Contractor must perform no less than fifty percent (50%) of the work with its own forces. DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN Pole Repair at Five Locations Page 6 of 12 City Attorney Approved 1/20/2020 EXHIBIT B Pole Repair at Five Locations Contractor will provide all labor, equipment and materials (unless otherwise specified) necessary to install five new streetlight poles and one new foundation located in the City of Carlsbad: 1. College South of El Camino Real – WO# 638501 2. Carlsbad Village Drive – WO# 638503 3. Ambrosia Lane – WO# 638504 4. Rancho Santa Fe and La Costa – WO# 638506 5. Paseo Almendro and Calle Barcelona – WO# 638508 College Blvd South of El Camino Real: Contactor shall replace foundation and install new contractor supplied 2b2-26 pole and arm with city supplied photo cell and fixture. City shall provide traffic control as needed for up to 2 work days. Carlsbad Village Drive: Contractor shall remove bricks and install new contractor supplied VBS04 pole onto existing foundation. Contractor shall install city supplied fixture and photocell and replace surrounding bricks to original condition. Ambrosia Lane: Contractor shall remove existing damaged pole and to install new contractor supplied 2b2-24 pole and core drill and epoxy set (4) new bolts (1” all-threads, imbedded 20” min into existing footing, with Simpson set epoxy or equivalent) to fit new pole bolt pattern on existing foundation. Arm, fixture and photocell will be salvaged from original pole. Rancho Santa Fe and La Costa: Contractor shall provide and replace new 2b2-26 pole and arm on existing foundation with city supplied fixture and photo cell. Paseo Almendro and Calle Barcelona: Contractor shall provide and replace new 2b2-26 pole and mast arm on existing foundation with city supplied fixture and photo cell. Contractor will return all poles to complete working condition. Once pole is replaced contractor shall replace all foundation caps. With the exception of College Blvd, all required traffic control will be provided by the Contractor in accordance with the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD). All work shall be performed in accordance with the City of Carlsbad’s Engineering Standards, the 2018 Standard Specifications for Public Works Construction (Greenbook), and 2018 Caltrans Standard Plans and Caltrans Specifications. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 College Blvd. South of El Camino Real $5,500 2 LS 1 Carlsbad Village Drive $4,950 3 LS 1 Ambrosia Lane $5,750 4 LS 1 Rancho Santa Fe and La Costa $4,800 5 LS 1 Paseo Almendro and Calle Barcelona $4,500 6 LS 1 Bond $950 TOTAL* $26,450 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN Pole Repair at Five Locations Page 7 of 12 City Attorney Approved 1/20/2020 EXHIBIT B CONTINUED (site images) Pole Repair at Five Locations DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN Pole Repair at Five Locations Page 8 of 12 City Attorney Approved 1/20/2020 EXHIBIT B CONTINUED (site images) Pole Repair at Five Locations DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN Pole Repair at Five Locations Page 9 of 12 City Attorney Approved 1/20/2020 EXHIBIT B CONTINUED (site images) Pole Repair at Five Locations DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN Pole Repair at Five Locations Page 10 of 12 City Attorney Approved 1/20/2020 EXHIBIT B CONTINUED (site images) Pole Repair at Five Locations DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN EXHIBITC Bond No.: CIC191 7549 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Patterson Brothers Lighting, Inc. (hereinafter designated as the "Principal"), a Contract for: POLE REPAIR AT FIVE LOCATIONS CONTRACT NO. 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 Co ntract 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, Patterson Brothers Lighting, Inc., as Principal, (hereinafter designated as the "Contractor"), and Capitol Indemnity Corporation as Surety, are held firmly bound unto the City of Carlsbad in the sum of twenty-six thousand four hundred fifty dollars ($26,450), 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 th is 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. Th is 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 su it brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the term s 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. Pole Repair at Five Locations Page 11 of 12 City Attorney Approved 1/20/2020 DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 PWM22-1537TRAN 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. SIGNED AND SEALED, this _2_8t_h _____ day of _Ju--'ly'---------------' 20_2_1 _ Patterson Brohters Lighting Inc (SEAL) _ C"'""ap'--it_o_ll_nd_e_m_ni....:;.ty_C_o....;.rp_o_ra_tio_n _____ (SEAL) (Principal) (Surety) , / By: ~ (Signa re) \ I~ By: _ _:::....\L·--~----...:....:,,-"""'--------------,' (Signature) 1 4/e_ Al/4/Cfer(.-I fres,c/4,tf- (Namemuiif Kevin P. Shine, Attorney-in-Fact (Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City Attorney Pole Repair at Five Locations Page 12 of 12 City Attorney Approved 1/20/2020 I I I DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 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 San Diego ss. On A-u9, ? f ?-0 ;;r/ before me, Julie D. Walker Notary Public, personally appeared /( t { e, Pa t-fers'D '? ,who proved to me on th basis of satisfactory evidence to be the person(Sj whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/th-ey- executed the same in his/her/~ir authorized capacity(te's-), and that by his/her/their signatures(~ on the instrument the person(§), 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. , , , 1 , , , , , ,,'\tO, W4l'',, ,' )-..)\,i6B01.41k"~,p".- ,' ~ ry P1J1o. r.:, "'.,. .. ~•_,,,_o'l.7>-<->Q, ,,,,. ... : s '.._ ,,. (' ~ -:. : cj "'; ~ : WITNESS my hand and official seal. ~ L,;, ro-. 1/J a )f, \ "i ~ ..... 0.--•: ct} ~ . "' C ~IJ 4lJFO~~\_ ... .:., ~ .. Sig atu e rseal, ... ., o.,,_ D,· (.0\) 0.. <' , , ; ''l"JJ ego 1,v' , 1 1, • Exp t'o,a'l , , ' •••••••••••••••••••••••••••••••••••••••••••••••••• ~~~~•~J~ ••••••••••••• OPTIONAL INFORMATION Description of Attached Document Title or Type of Document: Lo..kzo ( a a:z{ naa +ivJo. ( ~ /3 {) At/ 6 0 rt t;{ Document Date: _7_/_i _8__._(_'7--_( ___ Number of Pages: _ ___;_( _;i.. _______ _ Signer(s) Other Than Named Above: -~-(!,,_r/-')_v1_._p_. _5------'i.....__; 1\----=-e,, ________ _ Capacity(ies) Claimed by Signer Individual ~ President/ Vice President/ Secretary/ Treasurer __ Attorney in Fact Trustee Other: --------------- Signer is Representing Pu f--fe,s Ov1 6rotl-ter Lt Cf IA 1111~ 1 { Ile, DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 ALL-PURPOSE ACKNOWLEDGEMENT 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 Arizona )SS COUNTY OF Maricopa ) On Z\;\~ c)g, ,;;2~ \ \(i before ~ Jar~n A. Marx , Notary Public, personally appeared c.,v~ f\ ,, ;;si;,n-e, 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 Arizona that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JARBN A MARX Notary Pt,Jblic -Arizona Maricopa. County My Commission Expires Febr_uary 19, 2024 Commission # 581539 This area for official notarial seal. OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL 0 CORPORATE OFFICER(S) TITLE(S) D PARTNER(S) □ LIMITED 0 ATTORNEY-IN-FACT D TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Name of Person or Entity 0 GENERAL Name of Person or Entity OPTIONAL SECTION -NOT PART OF NOTARY ACKNOWLEDGEMENT Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 CAPITOL INDEMNITY CORPORATION POWER OF ATTORNEY CIC1917549 Bond Number KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Middleton, Wisconsin, does make, constitute and appoint ----------------------------------MICHAEL D LAPRE; DEBORAH M MCGUCKIN; RY AN ROGERS; KEVIN P SHINE; JAREN MARX-------------------------- -----------------------------YVONNE WEATHERFORD; PHILLIP SIMONS; ERJN BROWN; COLLEEN E. WATSON; A.RTY<.;E JQ}{NSQ)'J ------------------- its true and lawful Attomey(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of -------------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED: $2,000,000.00 ------------------------------------ This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 15th day of May, 2002. "RESOLVED, that the President, Executive Vice President, Vice President, Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other wiitings obligatory in the nature thereof, one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company; the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause, or without cause, by any of said officers, at any time." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and constrnction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, 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 (30) days prior to the modification or revocation. IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested, this 1st day of January, 2020. Attest: t(} J ( {__ V'~L Ryan J. Byrnes Senior Vice President, Chief Financial Officer and Treasurer ~..f1\~ Suzanne M. Broadbent Assistant Secreta,y STATE OF WlSCONSIN } COUNTY OF DANE S.S.: CAPITOL INDEMNITY CORPORATION John L. Sennott, Jr. Chief Executive Officer and President On the 1st day of January, 2020 before me personally came John L. Sennott, Jr., to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is Chief Executive Officer and President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instmment; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. #'''~111111111111111111,,,,,,, f ~,oJ~eo~ STA TE OF WISCONSIN COUNTY OF DANE } S.S.: ~...... ··•,f<. %. Q .-~OT/4/fJ.. ·r \ % i. =•= i is \ \ ~~ '"' ~ \ ./4 ~ •,,, ,•• ¾ David J. Regele Notary Public, Dane Co., WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and bas not been revoked; and furthermore, that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Middleton, State of Wisconsin this ____ 2_B_th ___ day of ______ J_u_l_y ______ -20 __ 2_1 __ ~ ~~~ Andrew B. Diaz-Matos Senior Vice President, General Counsel and Secretary THIS DOCUMENT HAS BEEN GENERATED FOR A SPECIFIC BOND. IF YOU HA VE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT CALL 800-475-4450. CIC-cPOA-M (Rev. 01-2020) DocuSign Envelope ID: AEA9A86B-D1EC-4A58-9154-CBCAAFFCB820 ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/10/2020 (858) 869-8300 (858) 869-8301 39993 Patterson Brothers Lighting, Inc. P.O. Box 2037 Lakeside, CA 92040 23787 39993J 35076 A 1,000,000 X 600GL0177388-00 7/1/2020 7/1/2021 100,000 5,000 1,000,000 2,000,000 2,000,000 1,000,000B ACP3057201492 7/1/2020 7/1/2021 2,000,000C XS4265992 7/1/2020 7/1/2021 2,000,000 D X 9136470-20 7/1/2020 7/1/2021 1,000,000 1,000,000 1,000,000 The City of Carlsbad is an additional insured, as required by written contract with the named insured, per the attached CG2010 0704 and CG2037 0704 forms regards to General Liability. Waiver of Subrogation applies per the attached SCIF 10217 in regards to Workers Compensation. Automatic forms apply as required by written contract with the Named Insured. City of Carlsbad/CMWD c/o EXIGIS Insurance Compliance Services P.O. Box 4668 - ECM #35050 New York, NY 10163-4668 PATTBRO-01 EVANGELINEICK NFP Property & Casualty Services, Inc. 6333 Greenwich Drive Suite 230 San Diego, CA 92122 Colony Insurance Company Nationwide Mutual Insurance Company Colony Insurance Company State Comp Insurance Fund of CA Aggregate X X X X X X X POLICY NUMBER: 600GL0177388­00 COMMERCIAL GENERAL LIABILITYCG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – SCHEDULED PERSON ORORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations as required by written contract with the Named Insured. As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on yourbehalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig-nated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclu-sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equip-ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which theinjury or damage arises has been put to its in-tended use by any person or organization oth-er than another contractor or subcontractor engaged in performing operations for a princi-pal as a part of the same project. POLICY NUMBER: 600GL0177388­00 COMMERCIAL GENERAL LIABILITYCG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 ADDITIONAL INSURED – OWNERS, LESSEES ORCONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Location And Description Of Completed Opera-tions All persons or organizations as required by written contract with the Named Insured.As designated in written contract with the Named Insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organiza-tion(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig-nated and described in the schedule of this endorse-ment performed for that additional insured and included in the "products-completed operations hazard".