AGREEMENT F]OR SERVICES BETWEEN
TIIE CITY OF SALINAS AND BEAR ELECTRIAL SOLUTIONS (BES) IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:
l. Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: to provide preventative and routine maintenance, responsive maintenance, ernergency repair, and other support for equipment associated wilh 0re City's traffic signal system. The Contractor will provide this sewice for all traffic signals and associated equipment owned and operated by the City of Salinas. Scope ofwork is further discussed in Request for Qualifications - Traffic Signal Maintenance, Repair and Support, Attachment C and contractor's proposal dated 10/30/2018, Attachment D. All attachments referenced are incorporated herein.
2. Timcliness. Contactor shall perform all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so perform is hereby deerned a material breach of this Agreement, and City may terminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.
3. Term. The work under this Agreement shall commence December l9'h,2018 and shall be completed by December lgth,202l unless City grants a written extension of time as set forth in Section 2 above.
4. Psyment. City agrees to pay and ConFactor agrees to accept as full and fair consideration for the performance of this Agreement, an amount not to exceed $300,000 per year, as more firlly described in Contractors compensation schedule, Attachment B. Contactor has no right of reimbursement for expanses under this Agreernent. Compensation shall become due and payable 30 days after City's approval of Contractor's submission of monthly written invoices to the City. The payment ofany compensation shall be contingent upon performance of the terms and conditions of this Agreemcnt to the satisfaction of the City. If City determines that the work set forth in the written invoice has not been performed in accordance witb the terns of this Agreement, City shall not be responsible for payment until such time as the work has been satisfactorily performed.
5. Meet & Confer. Conhactor agrees to meet and confer with City or its agents or employees with regard to services as set forth herein as may be required by City to insure timely and adequate performance of this Agreement.
6. Insurance. Contractor shall procure and maintain for the duration of this Agreement, A8'lcrncnt for Scrric.s v. Octobcr 20 I 8
Bc'I Elcruicil Solutioar, Inc.
D.ccrnbcr,20lE
TRAFFIC SIGNAL M{NTENANCE, REPAIRAND SUPPORT
TIIIS AGREEMENT is executed this *! 9l day of Decembef_. 2018, ('Agreement" or "Contract") between the City of Salinas, a Califomia Charter city and municipal corporation (hereinafter "City'') and Bear Electrical Solutions, Inc., a Californir corporation (hereinafter "Contractot').
Pagr I of6
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD
8. Licensing. Contractor warrants that it is properly licensed to perform the work specified under this Agreement, including but not limited to possession ofa current City business license.
9. Terminetion. City may terminate this Agreement upon ten days' wri$en notice. The amount ofdamages, ifany, as a result ofsuch termination may be decided by negotiations between the parties or before a court of compet€nt jurisdiction.
10. Asency. In pcrforming the services specified under this Agreonent, Contractor is hereby deemed to be an independent contractor and not an agant or employee of City.
I l. Non-Assisnabilitv. The rights and obligations of Contractor hereunder are not assignable and cannot be delegated without written consent of City.
12. Entire A ment. This Agreement constitutes the entire Agreement between the parties hereto and supersedes any and all prior agreements, whether oral or wriften, relating to the subject matter thereof. Any modification of the Agreement will be effective only if it is in writing signed by both parties hereto.
13. Veliditv, If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.
14. Counterp.rts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
I 5 . @g. Contractor agrees that in the pcrfonnance of this Agreement it will comply with all applicable State, Federal and local laws and regulations. This Agreement shall be govemed by and construed in accordance with the laws ofthe State of Califomia, County of Monterey, and City of Salinas.
Agrc.fi.al fo. S.rviccs v. Octob.i 2018
86r Elcctsicrl Solutions, lnc.
Diccmbcr,20lt
P'SE 2 ot6
insurance meeting the requirements specified in Attachment A hereto.
7. Indemnification. Contractor shall hold harmless, defend at its own expense, and indemnifu City and its officers, officials, employees, agents, and volunteers from and against all liability, claims, damages, losses, and/or expenses including reasonable City attorney fees arising from all acts or omissions of Contractor or its officers, agents, or employees arising out of the performance ofthe work under this Contract, caused in whole or in part by any negligent act or omission ofthe Contractor, any subcontactor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the sole negligence or willful misconduct of the City.
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD IN WIII,IESS WHEREOF, this Agreement is entered into by the parties hereto on the day and year first written above.
CITY OF SALINAS
Ray r
City Manager
APPROVED AS TO FORM:
A. Callihan, City Attomey, or
Rhonda Combs, Assistant City Attomey
BE,qELEqTRICAL SOLUTIONS, INC.
X4%-
By (Printed Name).fua,l fturvo.)
Its (Title): V/(€ relttu'tf
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AgrlaErt for Scrvicca v. Octobs 2018
B€rI El.cldcsl Solutio[s, hc.
DecernbEr, 2018
PrSe 3 ot6
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD Attachment A
Insurance Requirements
Contractor shall procure and maintain for the duration ofthe contrac! and for three years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance ofthe work hereunder by the Contractor, his/her/its officers, agents, representatives, employecs, and/or subcontractors.
IIIINIMUM SCOPE AND LIMIT OF INST]RANCE
Coverage shall be at least as broad as:
l. Commerciel General Liability ("CGL"): Insurance Services OfEce ("ISO") Fonn CG 00 0l covering CGL on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limis no less than $2,000,000 per occurence. Ifa general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (lSO Form CG 25 03 or 25 M) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Llability: ISO Form CA 0001 covering Code I (any auto), with limits no less than $1,fi)0,fi)0 per accident for bodily injury and property damage.
3. Workers' Compensetion: as required by the State of Califomia, with Statutory Limits, and Employers' Liability insurance with a limit ofno less than $1,000,000 per accident for bodily injury or disease.
4. Contractors' Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards): with limits no less lhan $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate, on an annual basis.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or higher limits maintained by the Conhactor. Any available insurance proceeds in excess ofthe specified minimum limits of insurance and coverage shall be available to the City.
S ef-In sured Rctenlion s
Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Contractor shall cause the insurer shall lo reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment oflosses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Olh er I n sara n ce Provisio ns
The irsurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, offrcials, employees, end volunteers are to b€ coyered es edditlonal lnsureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment fumished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by Agreemcnt for Serviccs v- Octoba 2018
Bear El.ctricsl Solutions, lnc.
December, 20 I 8
Psg€ 4 of5
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD or on behalfofthe Contactor. General liability coverage can be provided in the form ofan endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10, CG I I E5 or both CG 20 10, CG 2A 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
2. For any claims related to this project, the Contrrctor's insurance coverege shall be primery insurance coverage at least as broad as ISO CG 20 0l 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employces, or volunteers shall be excess ofthe Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, cxcept with notice to the City.
4. A copy of the claims reporting requirements must be submitted by Contactor to the City.
5. Ifthe services involve lead-based paint or asbestos identification/remediation, the Contactor's Poltution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identificatior/remediation, the Contractor's Pollution Liability policy shall not contain a mold exclusion, and the definition ofPollution shall include microbial matter, including mold.
Acceptability of I nsurerc
Insurance is to be placed witb insurers authotized to conduct business in the state with a current A.M. Best rating of no less than A: YII, unloss otherwise acceptable to the City. lTatver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue ofthe payment ofany loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver ofsubrogation in favor olthe City for all work performed by the Contractor, its employees, agen8 and subcontractors.
Subcontradors
Contractor shall require and verifo that all subcontractors maintain insurance meeting all the requircments stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CCL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Maintenance of fnsurance
Maintenance of insurauce by Contractor as specified shall in no way be interpreted as relieving Aglcelneot for Sgviccs v. Oclobcr 2018
Bear Etecricsl Solulioos, Inc.
Dc4cmb.r, 20 I E
P.gc 5 of6
Vertftcatioa of Coverage
Contractor shall fumish the City with original Certifrcates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies ofthe applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements lo City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies ofall required insurance policies, including endorsernents, required by these specifications, at any time.
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD Contractor of its indemnification.obligations or any responsibility whatsoever and the Contractor may carry, at its own exp ie, such additional insurance as it deems necessary.
Special Ris*s or Circumslances
City reserves the right to modifu these requirements, includiag limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Surely Bonds
Contractor shall provide the following Surety Bonds:
l. Payment bond
2. Perfonnance bond
The Payment Bond and the Performance Bond shall be in a sum equal to the average monthly average expenditure. Bonds shall be duty executed by a responsible corporate sur€ty, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in Califomia.
AgE rDaDt fo. S.rvicas v. Oclob.r 201E
B..r ElrcEicrl Solutioor hc.
Dcqrnb.r.20lt
PaSE 6 of 6
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD EXHIBIT "B'
CO M P E NSATI O N SC II E D UL E
TRAFFIC SIGNAL MAINTENANCE, REPAIR & SUPPORT UNIT COSTS &- tro. It-
keventatire and Routine Marntenance (each trafiic signel) UdorI-Er c.3.
I
1A Bi-Monthly lnsFctions each 75.00
1B Semiennual inspections F,ach L35 .00
1C Controller Catin.t Scrvicc Each 10.00
Safc ty Ughtiry RcCacemcnt 350.00
Signal maintenance supervisor (straitht time) Hour 110.00 3 sitna, maintenancc techniciaJr lI lst aitht timc) 95.00 Signel apprentice (6trai6ht tiEe) 75.00
Cene.al labor lstraight tiEe ) llout 75.00
5 Signal maintenancc suFrvisor (o!er timc) Houi
6 Sigaal maintenanct technician ft (over tim.) Hour 175.00 Signal Apprenticc (over tirdc) Hour 135.00
7 Ccnere.l labor lort. ti6c ) Hour 125.00
I Service Bucket truck Hour
9 Each 225.O0
to Furnish and Install Ehiclc LED 12'or 8'Rcd, Ycllow, Grecn Arrows 225.00 1l Furnish 6nd lnstall pedestrian sitnal countdown LED 285.00 12 Furoi3h and lnsta.ll back plate tlach 200.00
l3 Furnish and lnsta.ll visors Each 100 .00
14 Fumish and Inrta.ll pedestrian pirsh button Each
t5 lnstall, conntur., and tcst City-Furnishad APS sl.st€m Each {, 500 . 00 16 Furnish and lnstall pnll box lid Each 140. 00
L7 Furnish and Instalt harld-holc cor/Er Each 190.00
1a Instell 6'16' dctector loop ('IYF A) Each 700.00
l9 lnstall 6x6'dctcctor loop fI!'F D) Each 750 .00
20 Install 6'x50' dctector loop fIyF C) F,ach 1,100.00
Fulnish and Install lA pole (on existinS foundation) tlach 1, 500 .00 22 Furnish and lnstell 1A ple x.ith n?Ix foundation in dirt Each 3, 900 . 00 27 ID Each
Hour
Hout
4 205.00
30.00 Fxmilh and Install vehiclc LED 12'or 8'Red, YclloF, Greca Ballg Each
Each
2'70.00
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD Furnlsh aIrd lnstall lA polc vith nd, foundatlon in coocretc liddrrall wdk
Each 4,350.00
24 Furnish and Install TV-I-T fram€ work and 12' LED iLdications Each 1,200 . 0o Furnish and Install Ty-2-T frane work and 12" LD indications Each 1,825.00 26 Fu-rnish aod lnstall Tv-3-T frarDe work and 12'LED indicaUons Eech 27 7
Furnish and Install Sv-l-T framc *ork and 12" LED iDdications Each 1, 200 . 00 Fumiih s-nd Install SV-2-T frame rror& and 12'IED indications Eech 1, 825 . 00 29 Each 2,500,00
30 Furnish and Install LT 2-T fla.dlc *ork and 12' LED indicationg Each 2,020 . o0 3l Furnish and Install SP-I-T frame work and 12'LED indicationa Eech aoo - 00 Fumish and lostall SP-2-T frarr. eork and 12'LED indications Each 33 Insta.U City-Furnished Tt8jfc signal catinet Each 2,500,00 34 Test City-Fufnishcd Tra.fiic Sitnel Catinct Each 9s0.00 35 lnstaU City Furnished Servicr Pcdcstsl/Cabinct Each 950 .00 36 Irutsll, confiture, and test City-Fur_Dishcd Battcry Backup SJ6tcm 600 .00 37 Install, conligurc, and tcst City-Furnishcd Video f,Letection Syltcm Each 8, 000 . 00 38 lnstall Froch doc,n tlock, tcrDinate Src/Octal cauc !, ard c{to!dunicatioD
Each 350.00
39 Install City-Furdshed Traffc signgt Contiollcr in cristing catinct Each 330.00 40 krcent Markup on matcria.la 20.0*
4l Undergrouod Service AlerB - USA Requests Each 175,00 Assist with Ne!, Tt'aflic Signal Tum-On rDoe6 not include truck Hour Ag3ist u'ith Nea, Trafic Sltnel Construction! lnrpcctions rDoeB noE i!1clude truck
Hour
Camera Cleaniag for Video Detcction {Each Approach) Each 55.00 Other Licensed fraffic Engineer Hour
Othe!
Other
28 2, 500 . 00
Fumish and Install SV 3 T frame work and 12" LED indications 1,350.00
Each
42 110.00r
43 110 - 00r
150.00
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD BOND OI.' FAITHFUL PERFORMANCE
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City of Salinas, Monterey County, State of Califomi4 pursuant to City Code Section l2-22, Traffic Signal Preventive Maintenance and Emergency Repair Service, has been awarded to Bear Electrical Solutions, lnc. hereinafter designated as "Principal," a ConhacvProject for
TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND EMERGf,NCY
REPAIR SERVICE
WHEREAS, said Principal is rcquircd under the terms of said Contract/Project to fumish a Bond for the faithful performance of said Contract/ProjecE
Now, lherefore, We, the Principal and Intemational Fidoll as Surcty, are held and firmly bounded to the City of Salinas, Monterey County, California, in the penal sum of Twenry- Five Thousand Dollars
($ 25,000.00) Dollars, lawful money of the United States, being not less thaa !!)@ of the estimated Contraci/Project cost of the work, for the payment of which sum well and ruly to be made, we bind ourselves, our hein, executors, administrdtors and successors, jointly and sevenlly, firmly by these presents.
TI{E CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, hiVher or its h€irs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and huly keep and faithfully perform the covenants, conditions, and agreements in the said ContracvProject and any aherations made as therein provided, on hiVher or their part, 1o be kept and performed at the time and in the manner therein specified, and in all respects according to their true intcnt aDd mcaning, and shall indemnift and save harmless the City of Salinas, its officers and agents. as thercin stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to the satisfactory completion ofthe said ContracvProject the above obligation in the amount of not less than @ of the estimated ContmcyProject cost, shall hold good for a period of l !99 aff the completion acceptance of the said work, during which time if the above bound Principal, hiJher or ils heirs, executors, administrators. successors or assigns shall fail to makc full complete and satisfactory repair and r€placements or tolally protect the said City of Salinas ftom loss or damage made evident during said peiod of !rufiom the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution ofthe work done, the above obligation in the amount ofnot less than @ ofthe total bid Proposal cost shall remain in full force and virtue, otherwise the above obligation shall bc void. However, nothing in this paragraph to the conlrary notwithstanding, the obligation ofthe Suety hereunder shall continue so long as any obligation ofthe Principal remains.
For any moneys earned by the Principal and withh€ld by the City of Salinas lo ensure the performance of the ContracyProject, tlle Principal may, at hiyhcr request and expense, substitule securities equivalent to the amount withheld in the form and manner and subject to the conditions prcvided within the Provisions Section 22300 ofthe Public Contracts Code ofthe State of Califomia.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration and addition to the terms ofthe ContracvProject or to the work to be performed thereunder or the Specifications accompanying the same shall in anyway affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, altemtion or addition to the lerms of the Contractor or to the work or lo the Specifications.
Eond No. 0755676
Premium: $707.00
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD Bond No. 0755676
IN WITNESS WHEREOF the above bond parties have executed this instlument undcr their seals this 18th of D€c6mber 2013- the name and
corporate seal ofeach corporate party bcing hereto affixed and these presents duly signed by its undersigned repres€ntative; pu$uant to authority of its goveming body.
Principal Name: Bear Electrical Solutions, lnq.
cA 95002
(Attach Notary Acknowledgment) By
Surety lnternalional Fid€lity lnsuranco Company
Address : 2999 Oak Rd.. Suite 820
Creek
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Address: l:t4l Arch.r Str.ot
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Dcrctiption of Attacrred Docunrent
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Documqrt Date: Numb€r of Pages:
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ryho provod to rno on the basb o, satlstac'tory svkl€nca 10 b6 fh€ p€ason{s} whoss nameF) isy'sre- subscribed to lhe within in-strumerlt and acknowledgod to mo thal tur'shelhey 6xacut6d th€ sam€ ln his/herAhCr authorized capaclq(loo), and that by hi&qc€r#€ir signatur€G) on lhe inslrurnnt lhe porson{e}, or the entity upon behal, of whlch lho p66on{+stod, executod the inslnm t.
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WITNESS my hand and official s€al.
Signature
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Title or Typ€ ot Document: Document Dale:
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Dosc?btlon ol AttEchod Docrrfirnt
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD
POWER OF ATTORNEY EONOT
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
One Nowark C€nter. 20rh Floor. Newark. New Je.s€y 07102-5207 PHONE:1973) 62a-72O0 0755676
Kl{Ow ALL mEN BY THESE PRESENTSi That lllT€RNATIOflAL FIOELITY lt{SURA}lCE COtliPAt{Y, a corporalion o€anized and existino under lhe laws of lhe State of New Jersey. and ALLEGHETIY CASUALTY COMPANY a corporation organized and existing under the laws of lhe Stete of New Jersey. having their pdncipal ofiica in lhe City of Ns/vark. ll€w Jersey, do hereby conglitute and appoant VALERIE GARCIA, XELLY HOLTEI\IANN, NANCY L HAMIITON, ROGER C DICKINSON. THOMAS E HUGHES, CHARLES R SHOEMAKER STANLEY O LOAR.
MARK M MUNEKAWA. NERISSA S BARIOIOME. JOAN OELUCA, PATRICK R DIEBEL. YVONNE RONCAGLIOLO, ALICIA DASS lN WTNESS WHEREOF. INTERNAIONAL FIOELITY lt{SURAiICE COUPAiIY and ALLEGHENY CASUALIY COIiPANY have each erecrited and attested lhese presenls on thb 31st dayof Dec€mber,2017
San Francisco. CA
thei. lrue and lawfil attorrEy(s)-in-fad lo execule, seal arE doliver for and on its behalf as surely, any and all bonds and undertakings. contracts of indemnrty and 0l,'16r vvritings oblEatory in th€ nature lhereol whicrl are or may be allowed, required or permlded by law, ttetute. rule, rcgulalion, contract or otherwise, and lhe execdion of such inslrumon(s) ln pursuance ol lhese prcsents, shall b6 as binding upon th6 said INTERI{ATIO AL FIDELITY INSURAI{CE COITPA Y .nd ALLEGHENY CASUALTY COUPANY, as tully and amply, to Bll intents and purposes, as if ihe same had been duly execded and actnowledged by their reqularly alocled officers sl thoir prjndpal offc€s.
This Porrer of AttonEy is executed, and may tr. revoked, puBuant lo and by aulhorily ot tlte By-La,rrs of II{TERIATIOI{AL FIOELITY II{SURANCE CO PA Y .nd ALLEGHENY CASUALTY COirPAt{Y and is or.nled under and by euthority ot A€ rollowing reso[rtion adopled by the Board of Drecrors ot I TERt{ATlOllAL FIOELITY I,{SURAICE COT PAI{Y al a rneetirE duly held on the 2olh day of July, 2010 and by lhe Board of Oirectors oIALLEGHENY CASUALTY COf,PAIIY at a meeling duly h€ld on the 10th dayof July,2015 :
'RESOLVED. lhal (l) the Chief Execuivo Olficer. Presidont, Ex6crti\r6 vice President, Vice President, or Secretary of the Corporallon shall ha!€ the power to appoint. and to revoke lh6 appoinlmenls of, Attornoysin-Fact or agents wilh power and alhority as defrned or limiled in lheir respeclive powers ot atlomey, and lo execute on behdlf of lhg Corporstion 8nd amx |he Corporation's ssal lhereto. bonds. undedakings, recognizances. contracts of indemnity and other wrllten obligauons ln the nature thereof or related lhereto; and (2) any such Oftic€rs of th€ CorFrol'ation.nay appoinl and revoke lhe appclintments of ioint-control cuslodians, agenE lor accepta ce of procoss, and Attorneys-in-facl wilh authority to erecule waiveB and consenls on beha[ of the Corporaton; and (3) the gilnature of 8ny such Officer of lhe Corporation and the Corporalion's s€al may be affred by tacaimile to any power of altorney or ce.lifc€tion giv€n for the exoclrtion of any bo.ld. undanaklng, recoghizance. contract oI indehnity or other rvritten obligalion in tlle nature lhereof or relat€d lh€reto, such signafure srd seab when so used whelher herelofore ot herealler. beihg heroby adopted by lhe Corporation as the orilinal signalure of suctr oflicer end the original seal of lhe Corporalion, lo be !-dld and bndirE upon the Corporalion with lhe same brce and €fiecl as though menually Efflxed '
On this 31st dayof Decemb€r,2017 , before me came the andividualwho exeoited the preceding inslrument, to rne personally kmwn and. being by me duty $rrom, said he is hhe thereln described and auhorized officer of ll{TERilATlOl{AL FIDELITY ll{SURAt{CE COITPA Y .nd ol ALLEGHEIY CASUALTY CO PANY; lhat the seals affxed to said inslrument are lhe Cdpo.ale S€als oI said Companies; ihat lhe sad Corporale Seals end his signature were duly affired by order of lhe Boards of Orreclors of seid CompanEs
STATE OF NEWJERSEY
Counly of E3sex
Ggorge R. Jamea
Exeqrlive Vice Presidenl (lnt€melionel Fidollty lnsuranc€ Compeny) and Vile Pr€sident (All€gheny Casualty Company)
lN TESTIMONY MEREOF. I have hereunto sel my hand affixod my Otficjal S6al, at the City ol Newark, N6v Jersey the day End year filst abo\re wr{ten.
l@,4/,,,*
, --
E'dOF
CathyCruz a Notary of New Jersay
My Commission Expires Apnl 16, 2019
CERTIFICATION
l. the undersigned oftcer or |NIERiiAIOi{AL FIDELTTY INSI RA'ICE COmPANY and ALLEOHENY CASUALTY COMPANY do hereby carlrfy thal I ha\re comparEd lh€ foregoing copy of the Power of Atlomey and affdavt. and the copy ol the Seclions of the By Laws of said Companies as sei forth an sard Poue' of Attom6y, wilh the originals on fle in the home ol3aid cornparies, and lhal the samo ere conect transcripts th€€of, and of lhe whole of the said origina,s, eM that the said Powor of Altomay has not been revoked and is now in full force and efiect. lN TESTIMONY v\/llEREOF, I have hereunlo set my hand on this day, Oecemb€r 18, 2018 l:l
t9a 1936
A00467
Maria H Branco. Assistanl Soc,otary
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD Bond No. 0755675
Premium: lncluded in Performanoe Bond
PAYMEN'I BOND (LABOR & MATERIAL)
KNOW ALL MEN BY THESE PRESENT, that WHEREAS, the City of Salinas, Monterey County, State of Califomia pursuant to City Code Section 12-22, I RA FI:IC SIGNAI PRF,VENTIVT NTENA Ctl N D EMERGENCY REPAIR has been awardcd to Bear Electricat Solutions. Inc hereinafter designated as 'Principal," a Contr.ct/Projecl for
TRAFFIC SIGNAL PREVENTIVE MAINTENANCE AND EMERGENCY
REPAIR
WHEREAS, said Principal is required to fumish a bond in connection and with said Contrac/Projcct, providing that if said Principal, or any ofhiVher or its Subcontmctors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance for the work Contracted to be done, or for any work or labor done thereon ofany kind, the Surety ofthis bond will pay the same to the extcnd hcreinaftcr set forth;
WHEREAS, said Principal is required under lh€ tcms of said ContracyPmject to fumish a Bond for the faithful performance of said Contract;
Now, therefore, Wc, the Principal lnternational lnsurance as Surery, are held and firmly bounded to the City of Salims, Monterey County, Califomia, in the penal sum of Twcnty Five Thousand Dollars
($ 25.000.00) Dollars, lawful money of the United States, being not less than U!)2!- of the estimatei Contract/Projecl cost of the work, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, adminislrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLICATION IS SUCH, that if said Principal, his/her or its heirs, executors or administrators, successos or assigns, shall fail to pay for any malerials, provisions, provender, or other supplies or teams used in, upon, for or about the perfomance ofthe work Contracted to be done, or for any work or labor thereon of any respect to such work or labor, as required by the provisions of Division 2, Part l, Chapt€r 5 of lhe Public Contracts Code of the State of California, and provided lhat the porsons, companies or other supplies, teams, appliances or powcr used irq upon, for or about the performance ofthe \ryork contracted to be cxecuted or performed, or any pcrso4 company or corporation r€nting or hiring teams or implements or machinery of power for or contributing to said work to bc done, or any person who performs work or labor upon same, or any peBon who supplies both work and materials therefore, shall have complied with the provisions ofsaid Govemment Code, then said Surety will pay the same in or 10 an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorn€/s fee as shall be fixcd by the court, awarded and taxed as in the above- mentioned Code providcd.
This bond shall inure to the benefit ofany and all persons, companies and corporations entitled to file claims under said Government Code, so as to give a right to action to them or their assigns in any suit brought upon this bond.
And the said Surcty, for value reccived, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms ofthe Contract/Project or to the work to be performed thereurder or the Specifications accompanying th€ samc shall in anyway affect its obliBations ofthis bond and il does hereby Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD Bond No.0755676
waive notice of any such change, extension of time. altcralion or addition to the terms of the ContracrProjecl or to the work or to the Specifications.
IN WITNESS WHEREOF, the above bond parties have executed this i[strumenl under their seals this 18th day of December 2014 , the name and
corporate seal ofeach corporate pafiy being hereto affixed and these presents duly signed by its undersigned represenlative; pursuant to authority of its governing body.
Principal |rl3ms; Bear Electrical Solutions, lnc.
Address: 1341 Archcr Street
(Attach Notary Acknowledgment) Bv:
By
Surety Name : lhternational Fidelity lnsurance Company
Address: 2999 Oak Rd Suite 82O
(Atlach Notary Acknowlcdgment) By
By
o^l -vP
BnDer<- CFo
7 Alviso, CA 95002
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD cauFoarn Al.l-pt RPtosE acr owlrDo EltT clvlL coDE s 1189 r^-:a.!idaar.r!..a.tL{!-.r1:11--rt-:a.$ -\a.!a.-a/+/..r-azit t |.,-<Lttrr:-<!.t -;.&*<!.i.-vr?i:-aayr-!!-n l(^aJraz$zv!.{r r!.r\l A mtary public or oth€r ofiicor comdeting this certificate venfi€s ody th€ idarnity of the individual who sign€d the document to which lhis csrtificate is attach€d, and not ttE truthfuln€ss, accl'rey, or validity ot that docum€rt.
State of Cali{omia
County ol Sanl.a Clara
On December 19 2018 before me, Sandrd Hernandez, Notarv Public Date
personally appeared
llere lnseft Nanp and n e of tte Oflicer
Robert Asuncion Andrew Bader
Narne(s/ of Srgner(s)
who prov€d to me on tle basis of gatis,tactory evidence to b€ lhe person(s) whose narne(s) is/are sJbscribed to the within instrurnent dld acknowledged to me thal her'she/they executed th€ sarne in hirtEr/UEir authorized capacityoes), and that by hiyherlthei signaturqs) on the irctrurn€nt the person(s), or tfle entity upon behaf of which the p€rcon(s) acted, executed the irBtn n€rt.
I certity unde PENALTY OF PERJURY under the larvs
o, tt|e State of Cslifomia that the loregohg paragraph
is true and conecL
sAlioRA v^ltEss^ HtRl^xot2
iowl PuDlc . CJtlornla
Saotr Chrl Couln,
Cormlrllon r 2t6atit
WITNESS nry and lseal.
Comm. 2020
Signature ot
Pla@ Notey .s€al Above
OMONAL
Thwgh this section is optknal, cofipleting this infomation @n d€[er altention of the &cunpnt or fraudulent rcattachm t of this fom to an uninten&d document, Doscrlptlon o, Attach€d Docume,
Tltle or Type of Docurnent:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(l es) Claimed by Slgne(s)
Signer's NarrB: Signer's Name:
D Corporate Otficer - Title(s): tr Gorporate Officer - Trtle(s):
tr Othen
Signer ls Bepres€nt irE: Signer ls Repr6€fiting:
tr Partn€r - tr Umited tr Ggled
tr lndividual n Attomey in Fact
U Tnf,gte€ tr Guardian or Conservator
tr othe,:
02016 Natimal Notary Association . www.NationalNotary.org . '1-80G[JS NOTABY (1-80G876-6824 ttem fS907 )
)
PuAic
! Partner - tr Limited ! G€ndal
D lndividual ! Attomey in Fact
D Trustee tr Guardian or Consdvator
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD oalttoFlttA ^Ll-Pun'lott acrf,owt.tDomlf,? cML coDE s 1.t80 A notary pudlc r othor ofllos corndeling thh c€rlilkrts vstfrss mly th€ h€nt'ty ot tho irdMduel rvllo Jgnsd tt|€ doq/m€nt lo vrhich this csnificale 18 Ettach6d, 3nd not tho trulhfulno8$, acq,mcy, or valldlty of lhat dooJn|6nl.
Stat€ of Califomia )
)
Yvonne Roncagliolo, Notary
County of Contra Costa
befor€ me,
llere lnseft I'ldme aN f o of tll€ O{ttc€,
P€rsonally appear€d
who prov€d to mo on lhe basls ol satlsfactory evilonce to b€ fie peIson{+ whose nameg) isr'erc- subscribed to the wfiin instrumont and acknowl€dggd to me that +€/sha^{rqf Bx6cutod ths sam€ in hiyLcrAhoir authorized capaclb{os}, and that by hisAocffi€ir signatureis} on tho instrurnont ths person{€I or the entity upon b€hah ot wtrich th€ p6rson{a}actod, ox6cut6d lhs instrum6.[. w0NltE R0ticAGu0!0
commlsslon # 212126{
tlotary Public - Calilornla
I c€rtily und€r PEI.IALTY OF PER UBY urd€r the lawS
ol ths Slate of Califomia that the foregoing paragraph
is truo and conoct.
WTNESS my hand and otficial s€al.
Signature
Signdtutp ol tlotdry Public
Place Notary Sss,l Abow
OPNONAL
Tllough this s€dlon ls optiondl, comNetlng thls informetion cfi cl€let ell3,/etl€/7- ol tl!€ doannont ot fandulant redtachn ent of thls lotm to an unlnbn&d documen|- Descdptlon ol Attach.d Oocumcnt
Title or Typ€ of Oocument:
Numbor of Pages:
-
Signe(s) Other Than Natn€d Above:
Cspscity(icsl Claimad by Slgno(s)
Signer's Nam6: Patrick R Diebel
n Otticer - Title(s):
il Partnsr -C lrdividual
D Trustse
in Fact
Cons€rvator
IJ
Slgner ls Reprsssntlng:
q20l4llational Notary Asshtlon , www.lLallonalt{otary.org ' 1 -80GUS NOTARY (1-800{7&6827) hom 15907 On December 18,2018
Oata
Patrick R.
Nane(s) of Sigre(s)
fn''-
Documont Dato:
Name:
tr Colporato OflIc.r - Tluo(s):
-DPariner - tr Umlt€d fieenaraf
O lndlvldual m Attom€y in Fact
0 Trustee D Guardian or Conssrvator
D ool€r
-
u othq:
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD POWER OF ATTORNEY BONd*
INTERNATIOI{AL FIDEUTY INSURANCE COII'PANY
ALLEGHENY CASUALW CO]YIPANY
One Neuark Center, 20s Floor, Newark, New Jersey 07102-5207 PHONE: (573) 624-7200
STATE OF NEWJERSEY
County ol Essex
George
0755676
KI{OW ALL IEx BY THESE PRESENTS: Thal INTERNATIONAL FIOEUTY lt{SURAxCE COf,PAtaY, a corporallon organized aM ertstng under lh6 laws ot the State of New Jersey, and ALLEGH€IiY CASUALTY CO PAI{Y a corporation oaganized and erEling uMer the laws of lie Slate of t'lew Jersey, having their principal omc€ in the City ol N6^rark, Il6x Jersey, do hecby conslifute and appoirn VALERIE GARCIA. KELLY HOLTEMANN. NANCY L HAMILTON, ROGER C DICXINSON, THOMAS E HUGHES. CHARLES R SHOEMAKER. STANLEY D LOAR.
MARK M MUNEKAWA. NERISSA S EARTOLOME, JOAN DELIJCA. PATRICK R. OIEBEI-, YVONNE RONCAGLIOLO, ALICIA OASS IN WTNESS WHEREOF, II{TERNATIONAL FIOELITY INSURATICE CO!,PANY and ALLEGHETIY CASUALTY COMPANY have each ex€6r(ed and attesled lhese presents on this 31st day of December, 2017
San Francisco, CA
lhet lrue and lawful atlorney(s)-in-fact to erecute, s€al and deliler for and on ib behalf as slrety. any and all bonds and undeiekir€s. conlracts of indemnily and other wrilings obligatory in the nalure lheroof, urhich are or msy be allowed, requked or permitled by law, slatule, nJl6. regulation. conlracl or othelwise, and the executlon of such instrument(s) in pulsuanoe of these presents, shall be as binding upon he said INTERI{AT,O AL FIDELITY |XSURA}{6E COUPAT{Y .nd ALLEGHEI{Y CASUALTY CO PA Y, as tully and amply, to all int€nts and purposes. es if the same had been duly executed and acknowledged by their regularly elecled ofic€r! at th€ir principal otlic€s.
This Power of Altorney rs executed, and may be .evoked. pursuanl to and by authorily of the By-Laws o, IITERIATiONAL FIO€LITY IISURAI{CE COI{PAI,IY.nd ALLEGHET{Y CASUALTY COMPA Y and is granted uhder and by aulhority ot the follourng resolulion Edopted by lhe Board ol Direclors o,IITER ATIOI{AL FIOELITY INSURA'{CE COIUPAT{Y at a meeting duly held on the 2oth day ot July, 2010 aM by the Board of DarectorsofALLEGHENYCASUALTYCOI{PANYatarneelingdulyheldonthe'lolh dayot July.2015 :
"RESOLVED. that (1) lhe Chief Exeortiv€ Offcer. Presldenl, Execulive Vice President. Vice Presidenl. or Seoetary of lhe Corporalion shall have lhe power to appoint. and lo rsvoke the appoantments of, Allomeys-in-Fact or agents with potver and authority es definod or limilod in lhek respective powers of altontey, and to execute on behaf of lhe Corporat]on and atfix l]le Corporation's seal therelo. bonds. unde(akings. recognizances, conkacls ol indemnily and other vrritten obllgations ln lhe nature lhereof or related lhereto; and (2) any suci Ollicers of the Corporation may appoht and levoko lhe appointments of Joinl{ontrol custodlans, agonts for acceplance of procoss, and Attomeys-in-fad with authority lo execute wai\,ers and @nsonts on behaf ofthe Corporation; and (3) lhe signahrre of any 8uch Olficer of ttle Corporation and lhe CoapoElion's s€almay be affixgd by hcshhlle to any powor ot attorney or certifcation givsn for the executlon of any bond, undedaking. recognizance. contract of indemnity oa other wilten oblhation in lhe natuG lhereof or rehlod therelo, 6uch sEnature and seals when 5o used v,hether heretofore or herealler, b€rng h€reby adopted by lhe Corporalion 8s lhe original si0natur6 of such oficer and th€ odglml s€al of th€ Corporalion, lo ia valid and birdir€ upon llle Corporetion with the same force and eflect os Srough manually aflix€d '
ExeqJlive Vice President (lntemetional Firrglity Insuranco Company) and Mce President (Allegheny Casualty Company)
Onthis 31sl dayof December,2017 , before m6 came lhe individualwho execuled lhe preceding instrumenl, to me personally known, and, being by me duly swom, sard he is the therein described and althorized offcer of I TER AIIONAL FIDELITY INSURANCE COiIPA Y .nd ot ALLEGHETIY CASUALTY COiIPANY;that lhe seals affxed to said instrumenl are lhe Colporate Seals ofsaid Companies;lhal the said Corporale Seals and hrs signalure were duly affxed by order ofihe Boards of Dfectors ofs6id Companies lN TESTIMONY WHEREOF, I heve harcunto set my hand atrrxed my Officlal S€al, rt lhe Cily ol Newad( New Jersey the dsy and year firsl abo\,'e written.
.lr.*f.' Cathy Cruz a Nolary Public of New Je.sey
My Commission Expires April 16, 2019oF NE\N CERTIFICATION l, lhe un.,€rsigned officer of INTER AnO AL FIOELITY IiISURAxCE COIIPANY and ALLEGHENY CASUALTY CO PAT{Y do hereby certify hat I have compared th€ roregoing clpy ol the Power of Attomey and affidavit. and ihe copy ol the Socllons of the 8y-Laws of said Cofipanies as set lorth in said Power ot AItomey, with lhe originals on lile in the home ofsaid cotnpanies, and that lhe same €re conect transcripls thereof, and ofthe whole of the said oflolnals. and that the Said Power of Attomey has nol begn revoked and b now in full force end effect. lN TESTIMONY WHEREOF, I hav€ horounlo set my hand on lHs day, Decemb€r 18, 2018 l@4/,**
ttltt$t 1936
Maria H Eranco, Assislant Secretary
A00467
Docusign Envelope ID: 5F05774F-79E5-4F04-84D5-5027C0EF69CD