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HomeMy WebLinkAboutSouthwest Traffic Signal Service; 2024-01-09; PWM24-2304TRANPWM24-2304TRAN Repair Street Light Conduit Across College Blvd Page 1 City Attorney Approved 8/15/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT COLLEGE BLVD STREET LIGHT CONDUIT REPAIR This agreement is made on the ______________ day of _________________________, 2024, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Southwest Traffic Signal Service, a California corporation, whose principal place of business is 9201 Isaac Street Suite A, Santee, CA 92071 (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, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 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. DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 January 9th PWM24-2304TRAN Repair Street Light Conduit Across College Blvd Page 2 City Attorney Approved 8/15/2023 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. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. This project may utilize the Owner’s Procore (www.procore.com) online project management and document control platform. The intent of utilizing Procore is to reduce cost and schedule risk, improve quality and safety, and maintain a healthy team dynamic by improving information flow, reducing non- productive activities, reducing rework and decreasing turnaround times. The Contractor is required to create a free web-based Procore user account(s) and utilize web-based training / tutorials (as needed) to become familiar with the system. Unless the Engineer approves otherwise, the Contractor shall process all project documents through Procore because this platform will be used to submit, track, distribute and collaborate on project. If unfamiliar or not otherwise trained with Procore, Contractor and applicable team members shall complete a free training certification course located at http://learn.procore.com/procore-certification-subcontractor. The Contractor is responsible for attaining their own Procore support, as needed, either through the online training or reaching out to the Procore support team. It will be the responsibility of the Contractor to regularly check Procore and review updated documents as they are added. There will be no cost to the Contractor for use of Procore. It is recommended that the Contractor provide mobile access for Windows, iOS located at https://apps.apple.com/us/app/procore-construction-management/id374930542 or Android devices located at https://play.google.com/store/apps/details?id=com.procore.activities with the Procore App installed to at least one on-site individual to provide real-time access to current posted drawings, specifications, RFIs, submittals, schedules, change orders, project documents, as well as any deficient observations or punch list items. Providing mobile access will improve communication, efficiency, and productivity for all parties. The use of Procore for project management does not relieve the contractor of any other requirements as may be specified in the contract documents. 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. DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 PWM24-2304TRAN 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 (5) yea rs and that debarment b other jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subco participating in contract bidd ing. ' I I r Signature: Print Name: / ______ R_,y_a_n_T_._C_la_r_k ____ _ REQUIRED INSURANCE. The successful contractor shall provide to the City of Ca rlsbad, a Certifiqtlon of Commercial Gen eral Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insu rance indicating coverage in a form approved by the California Insurance Commission . The certificates shall indicat e coverage during the period of the contract and must be furnished to the City prior to the start of work. Th e minimum limits of liability insurance are to be placed with California admitted insurers t hat have a curre nt Best's Key Rating of not less t han "A-:VII"; OR wit h a surplus line insurer on the State of Ca lifornia's List of Approved Surplus Lin e Insurers (LASLI) wit h a rating in t he latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National As sociation of In surance Commissioners (NAie) 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 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. Repair Street Light Conduit Across College Blvd Page 3 City Attorney Approved 8/15/2023 PWM24-2304TRAN Repair Street Light Conduit Across College Blvd Page 4 City Attorney Approved 8/15/2023 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 thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Southwest Traffic Signal Service Po Box 1297 (name of Contractor) 451115 (street address) El Cajon, CA 92022 (Contractor’s license number) A, B, C-10 - 1/31/2021 (city/state/zip) 619-442-3343 (license class. and exp. date) 1000004265 – 6/30/2025 (telephone no.) mmichel@southwestsignal.com (DIR registration number/exp. date) (e-mail address) 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. [signatures on following page] DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 CONTRACTOR SG>Ull;lWEST TRAFFIC SIGiiA -RVICE, a Crilildrnia corP, :£jar('".....,.....---, \ ~ l By•;, -z:-------~ 7 (sign here) ~ Ryan T. Clark, President & Secretary (print name/title) By: (sign here) (print name/title) PWM24-2304TRAN 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. !f...£ 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: CINDIE K. McMAHON, City Attorney BY: ____ bl_·IAA __ ~_U'YU". __ ~ __ _ Deputy City Attorney Repair Street Light Conduit Across College Blvd Page 5 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 PWM24-2304TRAN EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor 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 subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor 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 Subletti_ng 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 Type of Work to Business Name and Address DIR License No., % of be Registration Classification & Total Subcontracted No. Expiration Date Contract Kro:r.~ Ceo\,o-~ .5~f<2~/ t 00001?1 --=l-8 :f G .s'"\ ,.37-..5e,v-,c e 1 In C. • 5:} c_,-"3,1 ~ \o->"5 \I / 50 /-z_G\ ' 5e-=---\ r 'j"-\-, OtOO ~~61.f l .?.tL{ \ \ ~ ~s f h ,J ~ f """' t' 5 ~ 7. . 39 re 5v r(.;-;.c .e. \ .,... (. C -11.. : . ' ' : Total %-Subcontracted: '1 ~ • i \ The Contractor must perform no less than 50% of the work with its own forces. Repair Street Light Conduit Across College Blvd Page 6 City Attorney Approved 8/15/2023 PWM24-2304TRAN Repair Street Light Conduit Across College Blvd Page 7 City Attorney Approved 8/15/2023 EXHIBIT B Repair Street Light Conduit Across College Blvd Contractor will provide all labor, equipment and materials to replace 2” conduit stretching across College Blvd. Contractor will install new pull box in the median per Carlsbad City standard GS-21 level to top of existing concrete. Contractors trenching and resurfacing will follow Carlsbad City Standard GS-25. Contractor’s traffic control will only close 1 lane in each direction, at no time will both travel lanes be shut down in either direction. Contractor will furnish and install three (3) new #8 conductors in conduit prior to completion. 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 2021 Standard Specifications for Public Works Construction (Greenbook), and 2018 Caltrans Standard Plans and Caltrans Specifications. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 EA 2 Furnish and install no. 3-1/2 pull box for street Lighting. Contractor to replace sidewalk panel(s) affected by installation of pull box, per City of Carlsbad GS-21 $4,005.67 2 EA 1 Furnish and install no. 3-1/2 pull box for street lighting on median per City of Carlsbad GS-21, price does not include median restoration. $680.00 3 LF 96 Furnish and install 2" conduit. Install 2 #8 conductors. And 1 #8 ground in conduit. Per City of Carlsbad GS-25 $10,310.80 4 LS 1 Asphalt resurface (trench path) per City of Carlsbad GS-25 $26,038.35 5 LS 1 Traffic control (row permit with stamped plans by p.e. included, fee of permit is paid by owner) $12,381.25 TOTAL* $53,416.07 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 PWM24-2304TRAN Repair Street Light Conduit Across College Blvd Page 8 City Attorney Approved 8/15/2023 EXHIBIT B CONTINUED (SITE IMAGES and Engineering Standards) DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 PWM24-2304TRAN Repair Street Light Conduit Across College Blvd Page 9 City Attorney Approved 8/15/2023 EXHIBIT B CONTINUED (SITE IMAGES and Engineering Standards) DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 lo A L 00\{R wi11. cern TYPE -'°'""' 1\<ICl<HES$ ""'"'"" "" ' j/4" NO [)(l[NSO, • ,. ,,. REV. APPR L' W' R I~ l/a" 10 I/a" .. ,,.. ?J l/4" 13 ]/' I 1/1" SECTION B:6 COVER REINFORCING PLAN NOTES: 1). USE STID. COVER ~ SUB..CCTED TO TRAFflC LOADS. 2). PtAL BOX OIMR SHALL 8E IIAAl<ED "STREET UGHTING" 'MlERE P~L BOX CONTAINS SJREET LIGHTING CONOUCJORS ONLY, "HIGH VOlTAC£" SHALL BE ADDED 'AHERE l'Ol TAC£ IS ABOVE 600 VOl TS. J). THE L AND W DIMENSIONS Of THE COVER SEAi SHALL BE 1/8" CREA1£R THAN THE OOVER li'MENSIONS. 4). COMPACT EARTH UNDER Atll AROJNO PULL BOX. CITY OF CARLSBAD PULL BOX FOR TRAFFIC SIGNAL AND STREET LIGHTING ~L 5'L .... QTY £NQH££1t OU£ ~00.:/: GS-21 PWM24-2304TRAN Repair Street Light Conduit Across College Blvd Page 10 City Attorney Approved 8/15/2023 EXHIBIT B CONTINUED (SITE IMAGES and Engineering Standards) DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 25" MAX. Lit.IT 3• CRINO ASPHALT CONCRETE FINISH COVRSE T'II'. NOTES: SAWCUT LINE TYPICAL SEE GS-28 --__ -_--. __ LIMIT OF l" GRIND EXISTING AC (T'II'.) AND BASE ASPHALT CONCRETE BASE COURSE. SEE GS-28 AGGREGATE BASE PIPE BEDDING ANO 8ACKFll PER PRo-£CT P\.Al<S, SPECIFICATIONS, AND CITY STANDARDS. 1. THE DETAl. SHO'AN ABOVE APl'I.IES TO TRENCH WIDTHS LESS THAN 25 INCHES. 2. EXISTING AC. SHALL BE CUT AND REMOVED IN SUCH A MANNER SO AS NOT TO TEAR, BULGE OR DISPLACE ADJAC:OH PAVEMENT. EDGES SHALL BE CLEAN AND VERTICAL ALL CUTS SHALL BE PARALLEL OR PERPENDICULAR TO STREET CENTERLINE, \\KEN PRACTICAL 3. BASE MATERIAL SHAI.L BE REP\.ACED TO DEPTH OF EXISTING BASE OR A MINIMUM OF 6 INCHES, 'lfllCHEYER IS GREATER. A.C. MAY BE SUBSTITUTED FOR BASE MATERIAL AT THE OTY ENGINEER'S DISCRETION . •. WHEN THE EDGE OF THE GRIND AREA IS WITHIN 24 IHCHES or EDGE OF PA',O;ENT, ANY STRUCTURE. AN ADJAWIT TROICH PATCH OR OTH£R PAVING JOJN LINE, Tl£ GRIND AREA SHALL 8E EXTENDED TO THE EXISTING STRUCTURE OR JQ(N LINE. 5. WHE11 THE EDGE OF THE GlllNO UES WITHIN A \\KEEL PA'TII, THE GRlNO AR£A SHAlL BE EXTENDED TO TH£ NEAREST LANE LINE OR EDGE OF PAVEMENT. 6. IH AN EFFORT TO MAINTAIN A STREET'S EXPECTED LIFESPAN, RETURN 'TIIE STREET TO 'TIIE SAM£ OR SIMILAR CONDITION AS BEFORE THE TRENCIING TOOK PLACE, ANO TO MEET OTY OF CARLSBAD AND CREENBOOK STANDARDS PERTAINING TO ROAD SMOOTHNESS: A) IF THE TRENCH IS LOCATED WITiilN A BIKE LANE. TH£N THE ENTIRE BIKE LANE WIDTH SHALL BE COLD P\.ANED 1-1/2" MINIMUM AND OYERLAYED 1-1/2" MINIMUM. 8) If THE TRENCH IN \\!THIN 24• OF A CONCRETE STRUCTURE (I.E. UP OF GUTTER, VAULT, ETC.) THEN Tl£ AREA BETWEEN THE TRENCH ANO THE CONCRETE STRUCTURE SHALL 8E COLD PLANED 1-1 /2" MINIMUM AND 0,{RLA YEO 1-1 /2" MIHI\IUM. C) If THE TR£NCH IS LOCATED LONCITUIIUIAI.I.Y \\!THIN THE TRAVEL LANE OF A PRIME. MAJOR, OR 4-LANE COLLECTGR STREET, THEN THE ENlllE LAN£ $HAI.I. BE COLD-Pt.AN£ 1-1/2" MINIMUM AND OYERLAYED l•l/2. MINIMUM. HOv.£YER, THE CITY ENGINEER MAY, ON A CASE•BY•CASE BASIS ANO AT HIS/li(R SOLE DISCRETION, MODlfY THE RE!MlEMENT TO COLD PLANE ANO 0,£RLAY THE OITIRE LANE BASED ON THE FOLLOIIING CRITERIA: (1) EXISTING CONDITION or THE PAVEMENT: (2) FUTURE REHABILITATION STRATEGIES ANO SCHEDULE: (3) DEPTH OF TRENCH; (4) O'TIIER TRENCH WORK IN TH£ AREA; (5) ElOSTENCE OF A COMPARABLE TRENCH PAVING TEC,.,OLOGY OR TECHNIOUES WHICH WOULD ACHIEVE THE OESIR£0 ROAD SMOOTHNESS AND LONGEVITY; ANO (6) OTHER SITE-SPECIFIC COOOITIONS AND FACTORS DEEMED BY THE CITY ENGINEER ro ALLEVIATE THE NEED TO COLD-PLANE ANO OVERLAY THE ENTIRE LANE. CITY OF CARl..5 AD TRENCH RESURFACING ASPHALT CONCRETE PAVEMENT FOR TRENCH WIDTHS LESS THAN 25• CITY ENCl££R SUP91.CWENTM. STANOAAO IIO, .,..,,, DA1E GS-25 DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 EXECUTED IN DUPLICATE EXHIBITC LABOR AND MATERIALS BOND PWM24-2304TRAN Bond No. 2332236 Premium $521.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Southwest Traffic Signal Service, a California corporation, whose principal place of business is 9201 Isaac Street Suite A, Santee, CA 92071 (hereinafter designated as the "Principal"), a Co ntract for: REPAIR STREET LIGHT CONDUIT ACROSS CO LLEGE BLVD 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 Cit y of Carlsbad and all of which are incorporated herein by th is reference. WH EREAS, Principal has executed or is about to execute sa id Contract and the terms thereof require the furn ishing of a bond, providing that if Principal or any of its subcontractors shall fa il to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work ag reed 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, Southwest Traffic Signa l Service, as Principal, (herein after designated as the "Contractor"), and Swiss Re Corporate Solutions America Insurance Corporation as Surety, are held firmly bound unto the City of Carlsbad in the sum of fifty three thousand four hundred sixteen dollars and seven cents ($53,416.07), 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. Repair Street Light Conduit Across College Blvd Page 11 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 PWM24-2304TRAN In the event that Contractor is an individual, it is agreed that the death of any such Contractor sh all not exonerate the Surety from its obligations under this bond. This labor and materials bond may be approved as to form by the City Attorney for the City in counterpart, and the counterparts shall all constitute a single, original instrument. SIGNED AND SEALED, t his _2_n_d __ day of ____ ___,O=c=to=b=e'--'-r ____ _, 2023 =S-=-ou=t.:..:..hw:..:...e=s=t ...:...T=ra=ffi=1c-=S=®""'Jn,a'-=e:..:...rv.:..:..ic=e'-"-1 .:.:..ln=c.:..... __ (SEAL) (:P'fincipal) p ) (Name/Title) Swiss Re Corporate Solutions A_~m~er'"'"'ic=a--'-ln'"'"'s'-"uc..;cra"'-n"'-ce"--"-C~or=p~or=a..::..tio.:..:..n-'---___ (SEAL) (Surety) By•/= (Signature) Lawrence F. McMahon, Attorney-in-Fact (Name/Tit le) (SEAL AND NOTARIAL ACKNOWLEDGE MENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: Deputy City Attorney Repair Street Light Conduit Across College Blvd Page 12 City Attorney Approved 8/15/2023 DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 ACKNOWLEDGMENT A notary public or other officer completing th is certificate verifies only the identity of the individual who signed the document to which th is certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on October 2, 2023 before me Maria Hallmark, Notary Public '------------------(insert name and title of the officer) personally appeared Lawrence F. McMahon 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 parag raph is tru e and correct. WITNESS my hand and official seal. MARIA HALLMARK Notary Public -California z San Diego County ! Commission# 2356793 y Comm. Expires May 9, 2025 (Seal) DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 SWISS RE CORPORATE SOLUTIONS SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC") SWISS RE CORPORA TE SOLUTIONS PREMIER INSURANCE CORPORA TJON ("SRCSPIC") WESTPORT INSURANCE CORPORATION ("WIC") GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State ofMissomi, and having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its principal office in the City ofKansas City, Missouri, each does hereby make, constitute and appoint: LAWRENCE F. McMAHON, MARIA V. GUISE, SARAH MYERS, JANICE MARTIN, and JAMES DANIEL CASTLE JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by lm,v, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under thls authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretaiy or any Assistant Secretaiy be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney nained in the given Power of Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is ~~ By ___________________ _ ~raid Jagrowsk.i, Vice Pl'esident of SRCSAIC & Vice President ofSRCSPIC & Vice Pre3ident of\VIC IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this~day of NOVEMBER State of Illinois County of Cook ~ 20 22 Swiss Re Corporate Solutions America Insurance Corporation Swiss Re Corporate Solutions Premic,· lnsurnnce Corporation Westport Insurance Corporation On this~ day of NOVEMBER , 20 ~, before me, a Notary Public personally appeared Erik Janssens , Senior Vice President of SRCSAIC and Senior Vice President of SRCSPJC and Senior Vice President of WIC and Gerald Jagrowski , Vice President ofSRCSAIC ai1d Vice President of SPCSPIC and Vice President of WIC, personally known to me, who beiug by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instmment to be the voluntary act and deed of their respective companies . . 9EFIQIAL~ gt:t_Rt_$111'fA ~·~ '~~i~~ \\1.~ ... -f'n ~ ''' • • '. '~~M,Wy I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secretary ofSRCSAIC and SRCSPIC and WIC, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SR CSP IC and WIC, which is still in full force and effect IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this~day of OCTOBER , 20-.E_. Jeffrey Goldberg, Senior Vice President & Assistant Secretary ofSRCSAIC and SRCSPIC and \VIC DocuSign Envelope ID: 4970B634-AE49-444E-9872-00EBFEA15B90 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 811:0@:00:1 m 1:1 aa IH000:0:0:lffl000§:0001 1a 1a 1:1 m 1:11:t Kl t:11:1 Cl 1:1 !@:I l:t aa Cl 11 1:ooa1HO:o:ma@1 1:1 II £0:t Kl lil@KI m 1:010011:11:11:1 a a Ill Iii GI Kl i:o:o 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 Ca lifornia } County of ~a.Vl Di'-eJ6 On Oc,--to b~ \'" {0 I 202s before me, ~raa.e I ffo.r()Y1 121 v~Jr. l A.}oJo~ ~1-..1):c Date O Here Insert Name and ~e Officer personally appeared _____ l'--'-'----1~'----+-C\i_'v\ __ --~L-~C-~l~a~(_)_L __________ _ Name(s) of Signer(s) 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 in strument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 0 ISMAEL AARON ZARAcoiA jR.( COMM. #2392762 z Notary Public • California ~ San Diego County ... Comm. Ex ires Feb. 3, 2026 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document . ... Description of Attached Document Ail t ' \ Title or Type of Document: Labo'( z_.. ✓ v ' ot f' 1 ~ ~ Document Date: I fJ /z. { Z. '; Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ----------~--- □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: __________ _ Signer is Representing: __________ _ 18 !l C J:O@lfjil II a t:(1!000:R:IKI 1:1 llOOfflfflO:O:H:o:o:om a 0«0000:fflJOODOOI GOOD a Kl Ill 110)001:1 Kij:C£o:o:o:m 111180003 £1 1:1 a l)@f lOOOO ©2019 National Notary Association