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HomeMy WebLinkAboutC-4210 s • C5?-4°1/4:1\° AMENDMENT NO. 3 TO THE 2018/2019 TRAFFIC SIGNAL 1" MAINTENANCE SERVICES CONTRACT BY AND BETWEEN \tJ THE CITY OF ARCADIA AND YUNEX LLC (PREVIOUSLY KNOWN AS SIEMENS MOBILITY, INC.) R( ,\MA -N This Amendment No. 3 ("Amendment No. 3") is hereby entered into this 6‘I''' day of \ , 2022 by and between the City of Arcadia, a municipal corporation of the State of California, and Yunex LLC, a California Corporation, with respect to that certain Contract between the parties dated March 13, 2019 ("Agreement"), further amended by Amendment No. 1 dated March 25, 2020, and further amended by Amendment No. 2 dated March 9, 2021. The Parties agree as follows: 1. Article 2, Section 2.1 the Contract Term is hereby extended to include the period from March13, 2022 to and including March 13, 2023 ("Extended Term"). 2. Article 3 of the Contract, during the Extended Term the Contract Price shall not exceed Seventy-Eight Thousand, Forty-Seven Dollars and Eighty Cents ($78,047.80). 3. All terms and provisions of the Contract not amended by this Amendment No. 3 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 3 on the date set forth below. CITY OF ARCADIA YUNEX LLC By: By: 71.---- 111111111:9.° Dominic Lazzarett �' , ► S�� City Manager Title: _ 1 •• 1 w— '� 1�. ' ',. ,, 1 •) Dated: poi L. L ' �Z--Z Dated: ' By: � ATTEAT: Title: 41'/tcii Tiv,-6 UYIiZ � ,ryy Dated: 8 �2"z-- �J -Ci y Clerk y' 'd � APPROVED AS TO FORM CONCUR: "'(4 .°6:11 2. ett----T-Cleit 0 7-1 \-G,L,A_Q_ C Stephen D Deitsch Paul Cranmer City Attorney Public Works Services Director 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 Riverside On March 8th, 2022 before me, Candace Gallaher - Notary Public • (insert name and title of the officer) personally appeared Michael Hutchens & Steven Teal who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)-ielare subscribed to the within instrument and acknowledged to me that 4he/chc/they executed the same in 1iis/hef/their authorized capacity(ies), and that by hi349cr/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. m°.''+, GALAN NotaryLANDACE Pu61ic-CaliLforERnia / L! L1Eo!j Signature (Seal) SURETY RIDER To be attached to and form a part of Bond No. 8252-82-07 dated March 13,2021 effective (MONTH-DAY-YEAR) Siemens Mobility, Inc. executed by ,as Principal, (PRINCIPAL) and by Federal Insurance Company , as Surety, in favor of City of Arcadia (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing The Principal Name from Siemens Mobility, Inc.to Yunex LLC. and The Bond Amount: From:Seventy Three Thousand Six Hundred Thirty and 00/100 Dollars($73,630.00) To: Seventy Eight Thousand Forty Seven and 80/100 Dollars($78,047.80) and The Contract Term is hereby extended to include the period from March 13,2022 to and including March 12,2023(Extended Term). Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective March 13,2022 (MONTH-DAY-YEAR) ,-- Signed and Sealed March 16,2022 (MONTH-DAY-YEAR) ••• f, Yunex LLC (PRINCIP 411111D*-- • (PRINCIPAL) i•s`s Federal Insurance Company (SURETY) By: Annette Audinot,Attorney-in-Fact S-0443/GEEF 10/99 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 �\kuyv\ta County of C\ )(S\CLI, } Gd¼k - ` PAI\DOn R�� 4 t ( before meotary Public ��� • (Here insert name and title e officer) personally appeared \k\(\ �A , \ j;- k-ILAr)� who proved to me on the basis of satisfactory evidence to be the personfs}'whose name(z'j is/are subscribed to the within instrument and acknowledged to me that he/sheithe , executed the same in his/bar/Mar authorized capacity(iee), and that by his/law/their signature4e) on the instrument the person(s), or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. GALLAHER WITNESS my -I d and official seal. ti>;t<r vim= h is-California Rrre s: e County C�..,, sC;c�=2300629 T�'� 4� kb � x i es Aog 8,2023 • - Pu•iign- ur= J 9 (Notary Public Seal) ♦ • INSTRUCTIONS FOR COMPLETING THIS FORM ADDITIONAL OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual (s) he/she/die -is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of ❑ Attorney-in-Fact the county clerk. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other •:* Indicate title or type of attached document,number of pages and date. s� Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2C 15 Version°rww N taryClasses,com 600-873-9865 • Securely attach this document to the signed document with a staple. • CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 New Jersey } County of Morris } On March 16,2022 before me, Jessica lannotta , Notary Public (Here insert name and title of the officer) personally appeared Annette Audinot 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 ls/her/#heir 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 PENALTY OF PERJURY under the laws of the State of California that the-foregoing paragraph is true and correct. WITNESS my hand and official seal. JESSICA IANNOTTA Commission#50036644 Notary Public, State of New Jersey My Commission Expires April 15, 2026 • RQ IC I r (Notary Public Seal) ion Expires: April 15,2026 ♦ A ZONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. (Title or description of attached document continued) • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual (s) he/she/they-is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. 0 Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version rrww.NotaryClasses corn 800-873-9865 • Securely attach this document to the signed document with a staple. Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint Annette Audinot each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 10th day of March,2020. Dawn M.Chloros,:Assistant Secretary Stephen M.Nancy,Vice Presider)t * 10- • r'4%. — r*) .tio.) STATE OF NEW JERSEY County of Hunterdon ss. On this 10th day of March,2020 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney, being by me duly sworn,severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal `, .4 e• /' ..I TATTY KATHERINE J.ADELAAR Eo �„r,� NOTARY PUBLIC OF NEW JERSEY ptl8tlt No.2316885 rn y g Colntssbn Expires July 18,2024 Wary Pi,llc • Ea CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this March 16,2022 (4.4) 40- t".))) *11 17) Cjawst...T6). eNtiOlue‘ lkiv.n 1L(.hli riw.Aslant Secretary' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) DocuSign Envelope ID:0B837366-A23A-4BAD-951D-3D819B17B5F2 FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31,2020 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (247,647) Outstanding Losses and Loss Expenses $ 7,823,012 United States Government,State Reinsurance Payable on Losses and Expenses 1,421,176 and Municipal Bonds 4,277,332 Unearned Premiums 2,145,775 Other Bonds 5,455,272 Ceded Reinsurance Premiums Payable 261,276 Stocks 567,832 - Other Liabilities 551,641 Other Invested Assets 1,207,053 TOTAL INVESTMENTS 11,259,842 TOTAL LIABILITIES 12,202,880 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins.Co. 404,889 Paid-In Surplus 2,711,474 Vigilant Ins.Co. 349,615 Unassigned Funds 1,591,718 Chubb Indemnity Ins.Co. 182,191 Chubb National Ins.Co. 186,189 SURPLUS TO POLICYHOLDERS 4,324,172 Other Affiliates 98,826 Premiums Receivable 1,634,609 Other Assets 2,410,891 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 16,527,052 SURPLUS $16,527,052 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners,At December 31,2020, investments with a carrying value of 507,794,700 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duly sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing's a true and correct statement of the said Company's financial condition as of the 31 st day of December,2020. Docusla!a gyfore me this t. ','\k,Q '-f j Z, "--3FB onn336$btd:.Vice President \ 1 _.g a L ( S+ -22)2._3 Notary Public My co ission expir s Commonwealth of Pennsylvania-Notary Seal Diane Wright,Notary Public Philadelphia County My commission expires August 8,2023 Commission number 1235745 Member,Pennsylvania Association of Notaries bli 0._ 1 c rk.� tOr'6 i rIct ( AMENDMENT NO. 2 TO THE 2018/2019 TRAFFIC SIGNAL MAINTENANCE SERVICES CONTRACT BY AND BETWEEN C O THE CITY OF ARCADIA AND SIEMENS MOBILITY, INC. \rTy- ARCADIA This Amendment No. 2 ("Amendment No. 2") is hereby entered into this ` day of VI\CA'CAt) , 2021 by and between the City of Arcadia, a municipal corporation of the State of California, and Siemens Mobility, Inc., a California Corporation, with respect to that certain Contract between the parties dated March 13, 2019 ("Agreement"), and further amended by Amendment No. 1 dated March 25, 2020. The Parties agree as follows: 1. Article 2.2.1 of the Contract, the Term is hereby extended from March13, 2021 to March 13, 2022 ("Extended Term"). 2. All terms and provisions of the Contract not amended by this Amendment No. 2 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 2 on the date set forth below. CITY OF ARCADIA SIEMENS MOBILITY, INC. By: ) - fir- By: Sh-hDr,lowils.24 Domi ir5 c6Cazzaret i City Manager Title:Se c*)U v.f Mayumi j e-r Dated: I\N" -k 9 1 OZ) Dated: ?-Z'j-2o Zi By: - Agt) , Nli. , -at__ Ottkos Mictilscr ATTE rTitle: Vic'fe t�« .-..,,\t tA,;�inz� �?r a Dated: Z — Zy_ 2.0 t 1 City Clerk 'f V � " ' f APPROVED AS TO FORM CONCUR: , . Stephen P. Deitsch rri'Tait City Attorney Public Works Services Director CITY OF ARCADIA TRAFFIC SIGNAL MAINTENANCE SERVICES 2018/2019 PART "F" PERFORMANCE BOND PERFORMANCE BOND Bond No. 8252-82-07 Term: 3/13/2021 - 3/13/2022 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to Siemens Mobility, Inc., (hereinafter referred to as the "Contractor") an agreement for Traffic Signal Maintenance Services 2018/2019 (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated March 13,2019, further amended by Amendment No. 1 dated March 25 2020, and further amended by Amendment No. 2 dated MCkcca) °I1 2.C.)7,1 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Siemens Mobility, Inc., the undersigned Contractor and Federal Insurance Company as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of SEVENTY THREE THOUSAND, SIX HUNDRED THIRTY DOLLARS AND NO CENTS ($73,630.00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the PERFORMANCE BOND - 1 Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 22nd day of February 20 21 Siemens Mobility, Inc. CONTRACTO`/PRINCIPAL 1 Name By: Federal Insurance Company SIR TY: By: Attorney-In-Fact D-Ann Kleidosty PERFORMANCE BOND - 2 The rate of premium on this bond is $3.40 per thousand. The total amount of premium charges, $250.00 (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Federal Insurance Company 202B Halls Mill Road Whitehouse Station, NJ 08889 (Name and Address of Agent or Marsh USA, Inc. Representative for service of process in California, if different 633 West 5th Street from above) Los Angeles, CA 90071 (Telephone number of Surety and 213-346-5351 Agent or Representative for service of process in California NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND - 3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Co.,1; County of Wi‘lasid-e. } On Fely .av‘i ,Q jDo. \ before me, M.el;ssa kA.70 el 0,-- ,Notary Public (Here insert name and title of the officer) personally appeared S1'1to,hAA.Tow - c 1 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ark subscribed to the within instrument and acknowledged to me that t)&she/theyy executed the same in hjalher/thoir authorized capacity(ies), and that by hi7her/tb4ir 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS y hand and official seal. MELISSA M.TORNA NotaryPubl. California Z 101111 { .11k. - 1 Riverside County ` J Commission 8 2199403 — e �"�`1�"4,,.'" My Comm.Expires May 28,2021 .Notary -ubli Signature ' (Notary Public Seal) My Com " -ion Expires: rj , $ c) I ADDITIONAL OPTIONAL INFORMATION • INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they;-is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. D Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact :• Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. 1 Indicate title or type of attached document,number of pages and date. Other ❑ 1 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www NotaryClasses corn 804-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Georgia } County of Fulton } On February 22,2021 before me, Maria Concepcion ,Notary Public (Here insert name and title of the officer) personally appeared D-Ann Kleidosty 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. IYYM, COfiN apcuay, Notary Public Signature (Notary Public Seal) ♦My Commission Expires: August 23,2021 • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/they-is/ere)or circling the correct forms.Failure to correctly indicate this o Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. D Paltner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. O Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other Indicate title or type of attached document,number of pages and date. ❑ .w Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www NotaryCiasses corn 800-873.9865 • Securely attach this document to the signed document with a staple. CHUBB Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Preset, that FEDERAL INSURANCE COMPANY, an Indiana corporation,VIGILANT INSURANCE COMPANY. a New York corporation,PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania,do each hereby constitute and appoint D-Ann Kleidosty each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)Oven or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY.WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents ��and afixed their corporate seals on this 10'"day of March,2020. ° \sclt. ' ;r��l.,Bda�v.""'�'t l t;rv.n ll.('hiOrtn,:l nisttnt kcret:ury Stephen U Ilane).lice Presider]. (*C., (Z) ig<c) 40 4: STATE OF NEW JERSEY County of Hunterdon S5. On this 10' day of March.2020 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney, being by me duly sworn,severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duulyy affixed and subscribed by like authority. Notarial Seal ''F\ KATHERINE J.ADEtAAR (r •T.r;1 NOTARY PUBLIC OR NEW JERSEY / .y� No 231111685 . PUMA I Commission Expires July 16,2024 Nrnary Pubtir � J 8S CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (I) Each of the Chairman,the President and the Vice Presidents of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company.under the seal of the Company or otherwise,such Written Commitments of the Company as maybe specified in such written appointment,which specification maybe by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation.which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,maybe affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." t, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESFER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the`Companies")do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this February 22,2021 p f # i Itrr.n •uTcaary' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:sutety@cthubb.com Combined FED-VIG-PI-WFIC-MIC(rev.11-19) DocuSign Envelope ID:CCF7D358-9825-47C6-8B4C-6EAB7BF6431E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31,2019 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (429.780) Outstanding Losses and Loss Expenses $ 6,823,691 United States Government,State Reinsurance Payable on Losses and Expenses 1,433,250 and Municipal Bonds 4,559,706 Unearned Premiums 2,014,727 Other Bonds 5,314,219 Ceded Reinsurance Premiums Payable 353,115 Stocks 32,735 Other Liabilities 849,544 Other Invested Assets 1,029,733 TOTAL INVESTMENTS 10,506,613 TOTAL LIABILITIES 11.474,327 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins.Co. 395.442 Paid-In Surplus 2,711.474 Vigilant Ins.Co. 341.290 Unassigned Funds 1,306,881 Chubb Indemnity Ins.Co. 178,808 Chubb National Ins.Co. 181,053 SURPLUS TO POLICYHOLDERS 4,039,335 Other Affiliates 97,150 Premiums Receivable 1,511.096 Other Assets 2,302.210 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,513,662 SURPLUS $15,513,662 Investments we valued in accordance with requirements of the National Association of Insurance Commissioners,At December 31,2019, investments with a carrying value of$508,749.121 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duty sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December,2019. r` • nocAtift,9 Wore me this ,j .7-( . : ikor 028c11-605 d(t#.Vice President n r Notary Public My com fission expires Commonwealth of Pennsylvania-Notary Seal Diane Wright,Notary Public Philadelphia County My commission expires August 8,2023 Commission number 1235745 -.camber,Pennsylvania Association of Notaries CITY OF ARCADIA TRAFFIC SIGNAL MAINTENANCE SERVICES 2018/2019 PART "G" PAYMENT BOND Bond No. 8252-82-07 PAYMENT BOND (LABOR AND MATERIALS) Term: 3/13/2021 - 3/13/2022 KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the "City"), by action taken or a resolution passed January 15,2019 has awarded to Siemens Mobility,Inc.hereinafter designated as the "Principal," a contract for the work described as follows: Traffic Signal Maintenance Services 2018/2019 (the "Project"); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated March 13, 2019 ("Contract Documents"), further amended by Amendment No. 1 dated March 25, 2020, and further amended by Amendment No. 2 dated AC4f i\- 2c' \ the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE,we, the Principal and Federal Insurance Company as Surety, are held and firmly bound unto the City in the penal sum of SEVENTY-THREE THOUSAND, SIX HUNDRED THIRTY DOLLARS AND NO CENTS($73,630.00)lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the PAYMENT BOND - 1 bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 22nd day of February 2021 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Principal, if corporation) Siemens Mobility, Inc. Principal (Property Name of Contractor) By: (Sig ture of Contractor) (Seal of Surety) Federal Insurance Company Surety By: D-Ann Kleidosty, Attorney in Fact (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND - 2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 ' CA,I Fo r e l^G. } County of R►Y.e,Ysi A-e. } On '21 v u. x1 a l4 a o a I before me, My t;‹,s �o rin c Notary Public ( ere insert name and title of the officer) personally appeared 6111,1,-,„c, 1-0 W ns.e.n , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar subscribed to the within instrument and acknowledged to me that beshe/they executed the same in 1)i /her/ter authorized capacity(ies), and that by b /her/therr 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. e..•.L,� MELISSAM.TORNA / *' Notary Public-California Z z__ Riverside County a •` ` / Commission=2199403 ^' My Comm.Expires May 28,2021 Notary ublic S gnature (Notary Public Seal) •M Com issio Expires: 6111.)o� I -0 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary'wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). y • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she`tkey;-is/ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this o Trustee(s) acknowledgment is not misused or attached to a different document. Other •:. title or type of attached document,number of pages and date. ❑ indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). =:;15 V srs;,4r ._; :, Nata y iassws cow uLC-873 u8 •• Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Georgia } County of Fulton } On February 22,2021 before me, Maria Concepcion , Notary Public (Here insert name and title of the officer) personally appeared D-Ann Kleidosty 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 1(c_ DLit Notary Public Signature (Notary Public Seal) ®My Commission Expires: August 23,2021 A ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary lmv. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ite/she/they-is lave)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. O Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 4* Indicate title or type of attached document,number of pages and date. ❑ o Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). 2015 Version www Notar yClasses corn 800-873-9865 • Securely attach this document to the signed document with a staple. CH BB Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation,VIGILANT INSURANCE COMPANY, a New York corporation,PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCIDISTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania.do each hereby constitute and appoint D-Ann Kleidosty each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY.VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and}a—ffixx / ed their corporate seals on this 1O"day of March,2020. li,rr.n \I.Chlot(p...kni t;mtSacci:u}' Stephen\I Iiancy;.Vice Pro:hit: I sz% trystt ten mail) 60111. • 11/4 t I viol" col STATE OF NEW JERSEY County of Hunterdon ss. On this HP day of March,2020 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros and Stephen M.Haney,to me known to be Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M.Chloros and Stephen M.Haney, being by me duly sworn,severally and each for herself and himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal {�` y• /1 KATHERINE J.AOErAR r aTA= 1 NOTARY PUOUC OF NEW JERSEY No.2318088 - \+PflBtiC+ / CommMamn Expires July 10,2024 ,vorary Pudic tIP.4 8St CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a-Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute.for and on behalf of the Company.under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not he deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested" I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this February 22,2021 0 a( ) Itry;n V t'hlrn<r..\sra:mr'C l'CI5' IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 a-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) DocuSign Envelope ID:CCF7D358-9825-47C6-8B4C-6EAB7BF6431E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABIUTIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31,2019 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (429.780) Outstanding Losses and Loss Expenses $ 6,823,691 United States Government,State Reinsurance Payable on Losses and Expenses 1,433,250 and Municipal Bonds 4,559,706 Unearned Premiums 2.014,727 Other Bonds 5.314,219 Ceded Reinsurance Premiums Payable 353,115 Stocks 32,735 Other Liabilities 849,544 Other Invested Assets 1,029,733 TOTAL INVESTMENTS 10.506,613 TOTAL LIABILITIES 11,474,327 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins.Co. 395,442 Paid-In Surplus 2,711,474 Vigilant Ins.Co. 341,290 Unassigned Funds 1,306,881 Chubb Indemnity Ins.Co. 178.808 Chubb National Ins.Co. 181,053 SURPLUS TO POLICYHOLDERS 4,039,335 Other Affiliates 97,150 Premiums Receivable 1,511.096 Other Assets 2,302.210 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,513,662 SURPLUS $15,513,662 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners,At December 31,2019, investments with a carrying value of$508.749,121 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duly sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December,2019. DocatiRii fore me this 1 5ohti Teytrlr 028Cir505d0yy.a/ice President 41. .t" �' L- i. 4rJ ?s0Z3 • Notary Public My com)sission expires Commonwealth of Pennsylvania-Notary Seal Diane Wright,Notary Public Philadelphia County My commission expires August 8,2023 Commission number 1235745 Member,Pennsylvania Association of Notaries THIS DELEGATION ONLY APPLIES TO SIEMENS MOBILITY, INC. ALL CONTRACTS, BIDS, CERTIFICATES, AFFIDAVITS OR ANCILLARY DOCUMENTS TO BE SIGNED ON BEHALF OF SIEMENS INDUSTRY, INC. MUST BE SIGNED BY MARC BUNCHER AND MARSHA SMITH WITHOUT EXCEPTION DELEGATION OF APPROVAL AUTHORITY FROM CEO MARC BUNCHER AND CFO MARSHA SMITH Rail Infrastructure Rolling Stock Intelligent Traffic Systems Customer Services SIEMENS MOBILITY, INC. A. The undersigned Marc Buncher, CEO and Marsha Smith, CFO of the Siemens Mobility, Inc. (the "Corporation"), a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested as CEO and CFO to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith to the extent the foregoing instruments and are consistent with the limits of authority granted under LoA guidelines and grants of release for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on our behalf up to$10 million. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function IName/Position) (Name/Position) Michael Cahill Stefan Heckrath VP—RS Senior Director, FBA—RI Robin Stimson Christopher Halleus VP— RS MK&S Senior Director, FBA—RS Michael Tyler Natalie Liggett VP—CS Senior Director, FBA—CS Till Kruse David Buchfuehrer VP, Procurement& Logistics—MO Senior Director, FBA— ITS B. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name or on behalf of the Corporation the same documents as referenced in paragraph A, up to and including a transactional limit of$5 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Positionl (Name/Position) Douglas Dreisbach Angel Acuna-Siles Head of Customs& Strategic Portfolio—RI Director, FBA Projects—RI Stephan Klein, Nick D'Alessandro Project Director, RI Controller, Products& Freight Engineering RI Unrestricted 1 Mike Nolan Miriam Scheer Director, Sales— RI Commercial Project Director— RI Jessica Shaiegan Dariusz Chrominski Director, Procurement—RI Director, RS LM Luis Tondi Resta Thomas Glafenhein Director, Products—RI Director, RS CP BG & RS TD Peter Tuschinski Kim Swain Head of Rail Electrification - RI Director, RS CRC, LM & ME Raymond Ginnell Thomas Wiechert VP—RS CRC Director, RS LR David Gutierrez Director, RS LR Valerie Conway Senior Director, RS SPR Ibrahim Kalender Director, RS CP BG Armin Kick VP—RS LM & HI Yagnesh Kikaganeshwala Head— RS TD Matthew Rumbold Manager, Procurement—CS Jaskaran Dhiman Singh Manager, Procurement—ITS C. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of$3 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function Name/Position) (Name/Positionl Francois-Xavier Beau Nishant D'Sa Head of System Integrated Portfolio, RI Commercial Project Manager, RI Jeb A. Echols James Hryniewicz Manager, Project Estimating—RI Commercial Bid Manager, RI Benjamin Kotze Angela Hunter Head of Engineering, RI Commercial Project Manager, RI Ismael Nunez Caroline Robinson Head of Wayside Portfolio, RI Commercial Bid Manager, RI Rodrigo Resende Adrian Solano Business Development Professional, RI Head of Operations BA, RI J. Alfredo Rodriguez Nikki Bassi Head of Manufacturing Operations, RI Director, RS David Sarles Warren Openshaw Project Procurement Manager, RI Director, Operations BA, RS Jacob Street Michelle Picard Head of Office Portfolio, RI Director, RS Emily Watson Nico Lindenau Procurement Commodity Manager, RI Commercial Director, RS CRC Carrie Webber Marco Pfeiffer Head of Onboard Portfolio, RI Commercial Director, RS CRC & LM Unrestricted 2 Paul Aichholzer Miguel Del Castillo Director, Projects, RS CRC & LM Controller, CS MLT Mark Bennett Cathie Steele VP, Operations RS Director, CS LR & RI Carrie Hernandez Craig Debevoise Director, RS SPR Projects Commercial, ITS Matt Owens Manuel Guio Villarreal Procurement Manager, RS SPR Commercial Project Manager, ITS Mitzi Lohmeyer Rudolf Wagner Strategic Procurement Manager, RS CP TD Performance Controlling, MO SPR Mark Anderson Angela Maria De Paiva Delicado Director, CS Customer Success Finance Manager, REM Americas Simon Davidoff Director, Data Services, CS Ash Evans Deputy Director, CS UT Rob Henrichs Director, CS Bids & Market Intelligence Reiner Martin Director, CS Tony Ritter Director, CS Barry Sidler Director of Spare Parts, CS Michael Gaertner Director, ITS PLM/R&D Steve Gitkin Head of Energy & Digital Services, ITS Goutham Lingannagari Head of Bids & Projects, ITS Laryssa Parker Head of Digital Lab, ITS Nils Soyke Project Manager, ITS Wendy Tao Head of Mobility Operating System, ITS Steve Teal Director, ITS Service Gary O'Brien Head of REM Americas D. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as referenced in paragraph A, up to and including a transactional limit of$1 million. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Tony Abboreno Sanzhar Aitbayev Project Manager, RI Commercial Project Manager, RI Jeff Balogh Stefan Brown Head of Engineering, RI Commercial Project Manager, RI Unrestricted 3 James Castaneda Lisa Carns Operations Manager, RI Commercial Project Manager, RI Shawn Cline Willian Da Silva Project Manager, RI Commercial Project Manager, RI Nicholas Corley Solomon Lee Warehouse Manager, RI Commercial Project Manager, RI David Costello, Britten Stark Head of Project Excellence, RI Performance Controller, RI Paul Eliea, Roxana Vatca Senior Project Director, RI Commercial Project Manager, RI Zoltan Egel Lars Volger Head of ACM, RI Senior Commercial Project Manager, RI Christopher Hammett Lauren Westfall Project Manager, RI Commercial Project Manager, RI Nathan Kalesnikoff Rosa Baquero Project Manager—Bids & Proposals, RI Commercial Project Manager, Field Services RS Kinga Kowzon Tommy Charurat Project Manager, RI Director, Performance Controlling RS Abhinav Mitra Thomas Koprowski Project Manager, RI Commercial Project Manager, RS CP BG Alejandro Sierra Varnnaphapar Mekwattana Project Manager, RI Commercial Project Manager, RS CP BG Michael Smith Camilo Valdivieso Head of System Engineering, RI Commercial Project Manager, RS CP BG Scott Tarpley Ramtin Benyamin Head of Quality in Projects, RI Commercial Project Manager, RS LR Christopher Thomas Charles Hollman Manager, Project Estimating, RI Commercial Project Manager, RS LR Eddie Urioste Annerose Kante Project Manager, RI Commercial Project Manager, RS LR Jonathan Vann Clive Lepper Project Manager, RI Commercial Project Manager, RS LR Suresh Chohan Mary Matos Director of Order Management, RS Commercial Project Manager, RS LR Chander Khanna, Christopher Smith Sr. Director, Manufacturing Processes RS Commercial Project Manager, RS LR George Long Ronald Staggs VP, Engineering RS Commercial Project Manager, RS LR Shawn McCuaig Shehzad Ahmed Director, Field Services RS Commercial Project Manager, RS CRC Kevin McGrew Annemarie Bech Director, Quality RS Commercial Project Manager, RS CRC LM Matthias Berghofer Adam Huey Project Manager, RS CP BG Commercial Project Manager, RS CRC LM Andrea Kainz Donna Lam Project Manager, RS CP BG Commercial Project Manager, RS CRC Patrick Schloffer Peter Silberhorn Project Manager, RS CP BG Commercial Project Manager, RS CRC & ME Viorel Aninoiu Yasmine Forghani Project Manager, RS LR Commercial Project Manager, RS LM Charles Bell Lidiane de Paula Munhoz Franca Project Manager, RS LR Commercial Project Manager, RS LM Mason Boswell Irina Martynova Project Manager, RS LR Sales Commercial Manager, RS LM Unrestricted 4 Michael Carlo Tatiana Simonchik Project Manager, RS LR Commercial Project Manager, RS LM Jeffrey Curran Karlene Keene Project Manager, RS LR Controlling, RS TD Will Marshall Christine Jaw Project Manager, RS LR Commercial Project Manager, CS Aaldrik Metting Sarah Jenik Project Manager, RS LR Commercial Support, CS Hamid Moseli Kavita Patel Project Manager, RS LR Commercial Project Manager, CS Ron VanHuuksloot Dominic Smith Project Manager, RS LR Commercial Project Manager, CS Bryce Dudgeon Julian Stuebler Project Manager, RS CRC Commercial Project Manager, CS Carsten Nebe Marcin Szczapa Project Manager, RS CRC Commercial Project Manager, CS Rolf Neuhaus Anastasia Taranova Project Manager, RS CRC Commercial Project Manager, CS Constanze Kutschki Anchal Bansal Manager, RS SPR Commercial Project Manager, ITS Robert Martner Tamara Schmitt Senior Project Manager, RS LM Commercial Project Manager, ITS Malta Schierwater Claudia Thiele Project Manager, RS LM Commercial Project Manager, ITS Thomas Stehlik Project Manager, RS ME Timothy Ferguson Head of Operations, RS TD Mohit Dutta Project Manager, CS Luis Correia Project Manager, CS Volker Hansen Rail Remote Service Center Manager, CS RC Gerhard Leitner Field Engineering Management, CS Steve Nation Project Manager, CS Alexander Ossa Project Manager, CS Tien Pham Project Manager, CS Erik Schildknecht Project Manager, CS Evan Smith Project Manager, CS Sergii Vasylenko Components Overhaul Manager, CS Heriberto De La Garza Vielma Project Manager, ITS Michael Hutchens Operations Manager, ITS Venkatesh Jadhav Project Manager, ITS Unrestricted 5 Gary Kochetkov Project Manager, ITS Scott McCarthy Material Manager, ITS Del Nichols Project Manager, ITS Clint Schuckel Operations Manager, ITS Brennan Smartis Project Manager, ITS William Tucker Operations Manager, ITS E. It is further acknowledged that the following individuals are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, the same documents as they are referenced in paragraph A, up to and including a transactional limit of$250 thousand. Any such delegation extends to but is limited to the same scope, documents and subject matter as referenced and granted in paragraph A, limited to the monetary amount stated in this paragraph. AUTHORIZED SIGNATORIES Business Operations Finance/Central Support Function (Name/Position) (Name/Position) Janice Ball Angela Hampton Project Manager, RI Performance Controlling, RS Jean-Pierre Beltran Project Manager, RI Thomas Bergmann Project Manager, RI Robert Dirubbo Project Manager, RI Wolf Eichler Project Manager, RI Karen Gillner Project Manager, RI Michael Gougler Project Manager, RI Mohit Gupta Project Manager, RI Nathan Hayes Project Manager, RI Ashwini Hebbar Project Manager, RI Etienne Leboulanger Project Manager, RI Jim Lyons Project Manager, RI Gavin Martin Project Manager, RI Mario Mueller Project Manager, RI Sana Mushtaq Project Manager, RI Syed Rahman Project Manager, RI Unrestricted 6 • Francis Scapellato Project Manager, RI Aaron Seevers Project Manager, RI Thomas Szurszewski Project Manager, RI Erik Valerio Project Manager, RI Jennifer Wilson Project Manager, RI Ajit Gaikwad Manager of Materials Program Managers, RS Julian Jaeger Product& Engineering Manager, RS TD Brian Jacoby Customer Service Manager, RS TD Stefan Kraemer Business Developer, RS TD Robert Leighton Project Manager, RS TD Jennifer Pearson Project Manager, RS TD David Popp Bid Manager, RS TD Joshua Ferras Service Account Manager, ITS Deana Flynn Service Account Manager, ITS Michelle Flynn Service Account Manager, ITS Candace Gallaher Service Account Manager, ITS Carlota Hafner Bid Manager, ITS Diana Johnson Bid Manager, ITS Joshua Lippincott Service Account Manager, ITS Robert Paquette Sales Manager, ITS Jeffrey Pierce Service Account Manager, ITS Melissa Rodriguez Sales Manager, ITS Shenoa Townsend Service Account Manager, ITS Unrestricted 7 F. It is further acknowledged that each of the signatures of the persons referred to in paragraphs A, B, C, D, and E are binding upon the Corporation. G. It is further acknowledged that any document shall require the signature of two (2)of the above Authorized Signatories, one each from Business Operations and from Finance/Central Support Functions, whom shall have the requisite signature authority to be legally binding upon the Corporation. H. It is further acknowledged that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator and filed with the Legal Department. I. It is further acknowledged that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, we have hereunto subscribed our names and affixed the corporate seal of the said Corporation, as of the 1st day of October, 2020. Buncher Dlgilally signetl by Buncher Marc DN:il=are.bun Marc,le Slem.edo email=marc.Buncher@siemens.com Marc Date 2020.10.01 13:32:21-05'00' Marc Buncher CEO Siemens Mobility, Inc. Smith Digitally signed by Smith Marsha DN:cn=Smith Marsha,,Siemens, om Marsha Date: 020.10.01 11:17:16-04'00' 0 s 0' Date:2020.,0.0,,,:,7:,0 ens.c' Marsha Smith CFO Siemens Mobility, Inc. Unrestricted 8 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Friday, March 5, 2021 3:53 PM To: Rachelle Arellano Subject: RE: City Attorney Review - March 2, 2021 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Rachelle, I have reviewed and approve as to form Amendment No. 2 to the 2018/19 traffic signal maintenance services contract with Siemens Mobility, Inc. You may use my stamped signature for this purpose. Thanks. Steve From: Rachelle Arellano<rarellano@arcadiaca.gov> Sent: Friday, March 5, 2021 8:40 AM To: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Cc:Arcadia City Clerk<CityClerk@arcadiaca.gov> Subject: FW: City Attorney Review- March 2, 2021 CAUTioN- EXTERNAL SENDER. H i Steve, Just checking in to see if you have had a chance to review the closed session memo included in the attached zip folder. We will be sending out the Council packets today, and would like to include the closed session memo, if possible. Thank you, Rachelle Arellano 4,41 Deputy City Clerk l City Clerk I City of Arcadia 240 W. Huntington Drive I Arcadia, CA 91006 (626) 574-5453 I rarellano@arcadiaca.gov I* 4cs., . Dat* r This email and any files or attachments transmitted with it may contain privileged or otherwise confidential information.If you are not the intended recipient,or believe that you may have received this communication in error,please advise the sender via reply email and immediately delete the email you received. 1 C t C1 eY 4 q., ORIGINAL r AMENDMENT NO. 1 TO THE 2018/2019 TRAFFIC SIGNAL L MA_ MAINTENANCE SERVICES CONTRACT BY AND BETWEEN THE CITY OF ARCADIA AND SIEMENS MOBILITY, INC. 444oity oto°' This Amendment No. 1 ("Amendment No. 1") is hereby entered into this L. ) day of M , 2020 by and between the City of Arcadia, a municipal corporation of the State of California, and Siemens Mobility, Inc., a California Corporation, with respect to that certain Contract between the parties dated March 13, 2019 ("Agreement"). The Parties agree as follows: 1. Article 2.2.1 of the Contract, the Term is hereby extended from March13, 2020 to March 13, 2021 ("Extended Term"). 2. All terms and provisions of the Contract not amended by this Amendment No. 1 are hereby reaffirmed. In witness whereof the Parties have executed this Amendment No. 1 on the date set forth below. CITY OF ARCADIA SIEMENS MOBILITY, INC. By: t- By. , 40®, Dominic Lazzaretto City Manager Title: OW filchtn31 lc Dated: S\�Le.� ?- '2.1Z)23 . Dated: 7)( 1 L'I IC' SS r By: Av4,41odulonmeg, AU ST: ,� Title: t t 1 rAt tkt11 .' l-CYli`1ti111 't r► ► Dated: t 1 O(,`�C', ity Clerk APPROVED AS TO FORM CONCUR: gtiz, P z e Stephen P. Deitsch om Tait City Attorney Public Works Services Director (.))1;: f, 3A WA 't RAFH ; ;6 , i ilAIKI HAANC ', SERVICTIS 2W /2O" PART "F" PERFORMANCE BOND PERFORMANCE BOND Bond No. 8252-82-07 KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to Siemens Mobility,Inc., (hereinafter referred to as the"Contractor")an agreement for Traffic Signal Maintenance Services 2018/2019 (hereinafternaf�rnad to �a�he''P"Project"). ` ^ ' WHEREAS, the woi k to be performed by the Contractor is more particularly set forth in the Contract Documents for the Pject dated March 13,2019,and further amended by Amendment Nm. 1 dated , (hereinafter referred to as"Contract Documents"),the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, xv$. Sicmcup��«6i|i��Iuc. , the undersigned Contractor and �rJ,m|Iuxu/auc,Com as GUrety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of SEVENTY THREE THOUSAND, SIX HUNDRED THIRTY DOLLARS AND NO CENTS 073,630'00), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns,jointlyondmemyns||y. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship;and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents,the above obligation shall hold good for a period of one(1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 33715 Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or PERFORMANCE BOND- 1 ' . ` (2) Obtain a bid or bids for completingdhe Project in accordance with all terms arid conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder,arrange for a Contract between such bidder,the Surety and the City,and make available as work progresses sufficient funds to pay the cost of completion of the Pject, less the balance of the contract prioo, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto,less any amount previously paid by the City to the Contractor and any other set otis pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term"balance of the contract price"as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Pject nor shall Surety accept a bid from Contractor for completion of the Pject if the City,when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time,alteration or addition to the terms of the Contract Documents or to the P 'ect to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract Documents or to the Pject. including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS VVHER|EOF, we have hereunto set our hands and seals this 26th day of February . 2O2O. Siemens Mobility,Inc. C[JN i N/\C| .' ��^ �' _ . __'-_~--_- -=~r_ _ '��� .~, ' Name - - -- — ' 7~ - - _ ;' _ _ -_� .� ' � �x FederalIuvuraoccCompxuy - ' - ` �`� ` � .~ � -'_ �^^ -' 1 Ay/ BY: /cssica/aounuu IW The rate of premium on this bond is $3.40 -- per thousand. The totaamount of premium . charges, $250.00 . (The above must be filled in by corporate attomey:) PERFORMANCE BOND ' 2 THIS ISA REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Federal Insurance Company 202B Halls Mill Road Whitehouse Station,N 08889 (Name and Address of Agent or Marsh USA,Inc. Representative for service of process in California, if different 633 West 5th Street from above) Los Angeles,CA 90071 (Telephone number of Surety and 213-346-5351 Agent or Representative for service of process in California NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto in addition to appropriate Notarial Acknowledgments of Execution by Contractor and Surety. PERFORMANCE BOND - 3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 Ccd {-Ti fy‘i ti } County of PAleicih- On Mare `\ >soZ.' before me, 1"1Q,1issct 1\1\• 00\c, Notary Public 1 (Here insert name and title of the officer) personally appeared % � G-e-A , \ + ci•v-e 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/het/their authorized capacity(ies), and that by his/het/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA M.TURNA WITNESS • hand and official seal. NotaryFubrc-California ti� ;) Riverside County / Commissions 2199403 My Comm.Expires May 28,2021 Notary Public Signature wieT (Notary Public Seal) My Commis niExpires: Aprit21 2031 M""",• �.'i ADDITIONAL • INSTRUCTIONS FOR COMPLETING THIS FORM OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT i/needed,should be completed and attached to the document Acknowledgments from other states mat'be completed„Mr documents being sent to that state so long as the wording does not require the California notary to violate California notary law (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Tte or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. lteishe theyr is are)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. Other ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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. tt, State of New Jersey } I County of Morris } On February 26,2020 before me, Kristin S.Bender , Notary Public (Here insert name and title of the officer) personally appeared Jessica lannotta 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 Iais/her/theik authorized capacity(ies), and that by h40her/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. - KRISTIN S BENDER I 11 WITNESS my hand and official seal. 'NOTARY PUBLIC-STATE OF NEW JERSEY - I 1/ 4 0-1 / MY COMMISSION EXPIRES I i APRIL 21,2021 Notary P b is ign.Aie (Notary Public Seal) •My Co ission Expires: April 21,2021 • ADDITIONAL OPTIONAL INFORMATIONINSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,.should be completed and attached to the document Acknowledgments from other states may he completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law {Tite or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she=t:eyr is:ere)or circling the correct forms.Failure to correctly indicate this 0 Individual (s) information may lead to rejection of document recording. 0 Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk ® Attorney-in-Fact Additional information is not required but could help to ensure this ® Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. Other ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document with a staple. i Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know MI by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Annette Audinot, Kristin S. Bender,Jessica lannotta, Kelly O'Malley and April D.Perez of Morristown,New Jersey;Megan Schlueter of Raleigh,North Carolina each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2°d day of October,2019. f1/4:i r---Nt xl. J € 7 11't Itiv.n \l CIUt 'c..A,,P4:111t�u'rcrny >t ,hcn\l Harley t ice l'rc idunt 4 1C1t c 0 (ji) % sir„ E STATE OF NEW JERSEY County of Hunterdon ss_ On this 2°d day of October,2019,before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal OTAR' KATHERINE J.ADELAAR er.ii' NOTARY PUBLIC OF NEW JERSEY t'tfBltc No 2318685 // Commission Expires July 18,2024 5(1 Puhlir CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognisances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (I) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this February 26, 2020. f jiii . N� stuJ9S '"�+"' « ItuV:nLl.t:hk,rtw.a�astant;.ncu} IN THE EVENT YOU WISH To VERIFY THE AUT'HENTICI'TY OF THIS BOND OR NOTIFY US OF ANY OTHER MA'rrER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com FED-VIG-PI(rev.08-18) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2018 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (360,335) ,Outstanding Losses and Loss Expenses $ 6,523,482 United States Government,State Reinsurance Payable on Losses and Expenses 1,490,981 and Municipal Bonds 5,738,426 Unearned Premiums 1,914,190 Other Bonds 3,916,616 Ceded Reinsurance Premiums Payable 405,271 Stocks 100,774 Other Liabilities 565,865 Other Invested Assets 959,127 TOTAL INVESTMENTS 10,354,608 TOTAL LIABILITIES 10,899,789 investments in Affiliates: Capital Stock 20,980 Great Northern Ins.Co. 384,987 Paid-In Surplus 2,711,474 Vigilant Ins.Ca. 333,743 Unassigned Funds 2,057,388 Chubb Indemnity Ins.Co. 176,202 Chubb National Ins.Co. 176,647 SURPLUS TO POLICYHOLDERS 4,789,842 Chubb European Inv.Holdings,SLP 120,469 Other Affiliates 99,299 Premiums Receivable 1,281,368 Other Assets 2,762,308 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,689,631 SURPLUS $15 ,689,631 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners,At December 31,2018, investments with a carrying value of$566,806,856 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duly sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is a true and correct statement of the said Company's financial condition as of the 31 st day of December,2018. Sworn before me s CACI. l r enior ce'r silent Notary Public U My cam ssion expires • COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Diane Wright, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug. 8, 2019 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIE CITY or AReAL)1A Ts AFFIC SGNAL MAINIFNANCE SERVICE,S 2018/2019 PART "G" PAYMENT BOND Bond No. 8252-82-07 PAYMENT BOND (LABOR AND MATERIALS) KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Arcadia (hereinafter designated as the"City"), action taken ore resolution passed January 15.2019has awarded to Siemens Mobility,Inhereinafter designated as the"Principal," a contract for the work described as follows: Traffic Signal Maintenance Services 2018/2019 (the"Project"); and ` VVHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated March 13, 2019 ("Contract Docunlents"), and further amended by Amendment No. 1 dated the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any rnmbaria|s, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of ankind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, xvithhe|d, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE,we,the Principal and Federal Insurance Company as Surety,are held and firmly bound unto the City in the penal sum of SEVENTY-THREE THOUSAND, SIX HUNDRED THIRTY DOLLARS AND NO CENTS($73,630.00)lawful money of the United States of Annehca, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Prinnipa|, his or its subcontractors, heirs, enaoutony, admniniotns1ona, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other mupp|iao, used in, upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code,with respect to such work and labor the Surety or Sureties will pay for the manne, in an amount not exceeding the sum herein above specified. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the oblition of this bond by any change,extension of time for performance,addition, alteration or modification in,to, or of any contract, plans,specifications,or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to anycheme or work of improvement herein above described, nor by any rescission or attempted rescission of the oonhaot,agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or PAYMENT BOND - 1 • • agreement or under the bond, nor by any fraud practiced by any person other than the claimant to recover on the bond and that this be con most strongly against at theSurety and in favor ofmU persons for xvhnme benefit such bond is given, and under nocircumstancesshall Surety be released from liability to those for whose benefit such bond has been given, bvnamaom of any breach of contract between the owner or City and original contractor or on the by reason of any obligee named in such bond, but the sole oondiUosofrecovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such ohon8e, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF,two(2)identical counterparts of this instrument,each of which shall for all purposes be deemed an original thenanf, have been duly executed by the Principal and Surety above named, on the 26th day of February 20 20 the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. (Corporate Seal of Prinoipo|, if corporation) , Siemens Mobility,Inc. Principal (Property N.•• tractor) , ,' ` _� ' . '. ' ' e _ f' �� _ ` _ - � '- - �� — ' ' � — Nrm�unmof _ ,_� (Seal � _ Contractor) of � ���� . ' ' Surety) �~ � Federal Insurance urety • Jessica Iannotta (Attached Attorney-In-Fact Certificate and Required Acknowledgements) *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and Surety and a Power of Attorney MUST BE ATTACHED. PAYMENT BOND-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 ofLfk.1 k o0 i c. } County of n,vcxst+k } On i",aYcA, lob ® before me, l ,\i00,, 1,-4.—Voy - ,Notary Public , (Here insert name and title of the officer) personally appeared 110)cJt4e) 4,,,c---c1,-„,„ who proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/aree subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/t r/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA M.TORNA WITNESS my hand and official seal. Notarypublic California / �••- Riverside County 4/13';'1 `�/�n/` ` Commission t 2199403 -tm�-�- 28. 1 Notary Pu tic Sign ture (Notary Public Seal) •My Commieeion Expires: April-241•2021 nAT Mai al • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages_ Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. iteishe:theyr is'ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. O Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of D Partner(s) the county clerk ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this p Trustee(s) acknowledgment is not misused or attached to a different document. Other 4. Indicate title or type of attached document,number of pages and date. ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document with a staple. CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 New Jersey } County of Morris ) On February 26,2020 before me, Kristin S.Bender ,Notary Public (Here insert name and title of the officer) personally appeared Jessica lannotta who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/tk►eik 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. handandfficial seal. r ��RISTIiv BENDER WITNE my o 'NOTARY PUBLIC-STATE OF NEw JERSEY {- I i MY COMMISSION EXPIRES - <2' i APRIL 21_2021 -- I Notary .-'ublic Sign- ure (Notary Public Seal) -• -_ - My C•• mission Expires: April 21,2021 ADDITIONALINSTRUCTIONS FOR COMPLETING THIS FORM OPTIONAL INFORMATION This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document Acknowledgments from other states may be completedfor documents being sent to that state so long as the wording does not require the California notary to violate California notary law (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. #te.lshe tom;is'ere)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form, s • Signature of the notary public must match the signature on file with the office of D Partner (s)) the county clerk ® Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Other 4. Indicate title or type of attached document,number of pages and date. L3 Other the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document with a staple. Power of*Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,and PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,do each hereby constitute and appoint Annette Audinot, Kristin S. Bender,Jessica lannotta, Kelly O'Malley and April D.Perez of Morristown,New Jersey;Megan Schlueter of Raleigh,North Carolina each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2xa day of October,2019. I):tv:n 111 hltint,.,\ I'.t:mi \1 Hcuny.\icelh•csidcnt 75.7 .. yt1 t81)t, 4b�M� •v. s STATE OF NEW JERSEY County of Hunterdon ss. On this 2"d day of October,2019,before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the foregoing Power of Attorney,and the said Dawn M. Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority;and that she is acquainted with Stephen M. Haney,and knows him to be Vice President of said Companies;and that the signature of Stephen M.Haney,subscribed to said Power of Attorney is in the genuine handwriting of Stephen M.Haney,and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal o ' OrAgr r KATHERINE J.ADELAAR NOTARY PUBLIC OF NEW JERSEY No.2318e85 .1 / er � N,'UfiLle: Commission Expires July 18,2024 NmarY'uSSr rRg/ CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognisances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney- in-fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the"Companies")do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this February 26, 2020. 1*0 f e.9\1.9DAJZ‘ •wxs• . lktwn 13.(:hlurtx,.asxia:nn 5crreCtry' IN THE EVENT YOU WISH TO VERIFY THE AUTHEN•nCrrY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:suretyWchubb.com FED-VIG-PI(rev.08-18) • FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2018 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (360,335) ,Outstanding Losses and Loss Expenses $ 6,523,482 United Slates Government,Stale Reinsurance Payable on Losses and Expenses 1,490,981 and Municipal Bonds 5,738,426 Unearned Premiums 1,914,190 Other Bonds 3,916,616 Ceded Reinsurance Premiums Payable 495,271 Stocks 100,774 Other Liabilities 565,865 Other Invested Assets 959,127 TOTAL INVESTMENTS 10,354,608 TOTAL LIABILITIES 10,899,789 Investments in Affiliates: Capital Stock 20,980 Great Northern Ins.Co. 384,987 Paid-In Surplus 2,711,474 Vigilant Ins.Co. 333,743 Unassigned Funds 2,057,388 Chubb Indemnity Ins.Co. 176,202 Chubb National Ins.Co. 176,647 SURPLUS TO POLICYHOLDERS 4,789,842 Chubb European Inv.Holdings,SLP 120,469 Other Affiliates 99,299 Premiums Receivable 1,281,368 Other Assets 2,762,308 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15,689,631 SURPLUS $15,689,631 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners,At December 31,2018, investments with a carrying value of$566,806,856 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duly sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing is a true and co rrect statement of the said Company's financial condition as of the 31 st day of December,2018. Sworn before me s 77 v- enior ce,r sident jig 954* • Notary Public My corn ssion expires COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Diane Wright, Notary Public City of Philadelphia, Philadelphia County My Commission Expires Aug, 8, 2019 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIE C`122' (Traffic Signal Maintenance Services 2018/2019)A0(i\---A) CONTRACT FOR THE CITY OF ARCADIA THIS CONTRACT is made this \ day of M0k,d , 20 , in the County of Los Angeles, State of California, by and between the City of Arcadia, hereinafter called City, and Siemens Mobility, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows: ARTICLE 1. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project: Traffic Signal Maintenance Services 2018/2019 The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. ARTICLE 2. TIME FOR COMPLETION. 2.1 The Work shall be commenced on the date stated in the City's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 14 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. 2.2 Contractor shall coordinate the Work with the other work being performed on the Project, in accordance with those schedules as may be issued from time to time during the performance of the Work, and any other scheduling requirements listed in this Contract,so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of the whole or any part of the Work or other work on the Project. 2.3 The Contractor shall participate and cooperate with the City in the development of schedules and other efforts to achieve timely completion of the Work providing information for the scheduling of the times and sequence of operations required for its Work ("Contractor Schedule")to meet City's overall master project schedule requirements("Master Schedule"). The Contractor shall continuously monitor the Master Schedule so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of other work on the Project, and shall execute the Work in accordance with the requirements of the Master Schedule including any revisions thereto. The Contractor shall notify the Engineer within 48 hours of any slippage in the Contractor Schedule and shall submit a detailed recovery plan to the Engineer for approval within five (5) calendar days of such notice. 2.4 Should the progress of the Work or of the Project be delayed disrupted, hindered, obstructed, or interfered with by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers so as to cause any additional cost, expense, liability or damage to the City, the Engineer or any consultants retained by the City for the Project, including legal fees and disbursements incurred by the City, the Engineer, or the consultants retained by the City for the Project, (whether incurred in defending claims arising from such delay or in seeking reimbursement and indemnity from the Contractor and its surety hereunder or otherwise)or any damages or additional costs or expenses for which the City,the Engineer or the consultants retained by the City for the Project, may or shall become liable, the Contractor and its surety shall and does hereby agree to compensate the City,the Engineer or the consultants retained by the Contract- 1 (Traffic Signal Maintenance Services 2018/2019) City for the Project„for and indemnify them against all such costs, expenses,damages and liability. 2.5 The City,in its sole discretion, may direct the Contractor to work overtime and, if so directed, the Contractor shall work said overtime and, provided that the Contractor is not in default under any of the terms or provisions of this Contract or of any of the other Contract Documents, the City will pay the Contractor for such actual additional wages paid, if any, at the prevailing wage rates plus taxes imposed by law on such additional wages, plus workers'compensation insurance, liability insurance and levies on such additional wages if required to be paid by the Contractor. 2.6 If, however, the progress of the Work or of the Project is delayed by any fault or neglect or act or failure to act of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers, then the Contractor shall, in addition to all of the other obligations imposed by this Contract upon the Contractor in such case, and at its own cost and expense, work such overtime as may be necessary to make up for all time lost in the completion of the Work and of the Project due to such delay. Should the Contractor fail to make up for the time lost by reason of such delay, the Engineer or City shall have the right to cause other contractors to work overtime and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project,and the cost and expense of such overtime and/or such other action shall be borne solely by the Contractor. ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor asfull compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of SEVENTY-THREE THOUSAND,SIX HUNDRED THIRTY DOLLARS AND NO CENTS($73,630.00). Payment shall be made as set forth in the General Conditions. ARTICLE 4. PAYMENTS 4.1 The City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments. 4.2 The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment. 4.3 Unless otherwise required by law, the final payment of five percent (5%)of the value of the Work, if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion. 4.4 Acceptance by Contractor of the final payment shall constitute a waiver of all claims against the City arising from this Contract. 4.5 Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials,or to relieve the Contractor of its obligations under the Contract Documents. 4.6 The Contractor shall submit with each payment request the Contractor's conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms Contract-2 (Traffic Signal Maintenance Services 2018/2019) prescribed by California Civil Code sections 8132, 8134, 8136, and 8138. Prior to final payment by the City, the Contractor shall submit a final waiver of lien for the Contractor's work, together with releases of lien from any subcontractor or materialmen. ARTICLE 5. PAYMENTS WITHHELD AND BACKCHARGES In addition to amounts which the City may retain under other provisions of the Contract Documents the City may withhold payments due to Contractor as may be necessary to cover: a. Stop Notice Claims. b. Defective work not remedied. c. Failure of Contractor to make proper payments to its subcontractors or suppliers. d. Completion of the Contract if there exists a reasonable doubt that the Work can be completed for balance then unpaid. e. Damage to another contractor orthird party. f. Amounts which may be due the City for claims against Contractor. g. Failure of Contractor to keep the record ("as-built") drawings up to date. h. Failure to provide updates on the construction schedule. Site clean-up. j. Failure of the Contractor to comply with requirements of the Contract Documents. k. Liquated damages. Legally permitted penalties. Upon completion of the Contract, the City will reduce the final Contract amount to reflect costs charged to the Contractor,backcharges or payments withheld pursuant to the Contract Documents. ARTICLE 6. CHANGES AND EXTRA WORK 6.1 The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, in the form attached hereto and incorporated herein as Exhibit "A," and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 6.2 All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise,on account of any decrease or omission of any item Contract- 3 (Traffic Signal Maintenance Services 2018/2019) or portion of Work to be done. Whenever any change is made as provided for herein,such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract. 6.3 Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless the City requests that proposals be submitted in less than seven (7) Days. 6.4 Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order. 6.5 Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. 6.6 Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City. 6.7 If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with the City's estimate of cost. If the change is issued based on the City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work,the Contractor presents written proof that the City's estirnate was in error. 6.8 Estimates for lump sum quotations and accounting for cost-plus-percentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows: (a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery. Materials cost shall be based upon supplier or manufacturer's invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use of small tools,tools which have a replacement value of$1,000 or less. Regardless of ownership,the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the work is performed. Contract-4 (Traffic Signal Maintenance Services 2018/2019) (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following: "Net Cost" is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. ii. For Work performed by the Contractor's forces the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost of the Work. iii. For Work performed by a subcontractor,the added cost for overhead and profit shall not exceed fifteen(15%)percent of the Net Cost of the Work to which the Contractor may add five(5%) percent of the subcontractor's Net Cost. iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen (15%) percent of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five (5%)percent of the Net Cost of the lower tier subcontractor. v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five (25%) percent of the Net Cost as defined herein. 6.9 For added or deducted Work by subcontractors,the Contractor shall furnish to the City the subcontractor's signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 6.10 For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier. 6.11 Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 6.12 Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs,constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City's change order form in an attempt to reserve additional rights. 6.13 If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a change order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such Contract- 5 (Traffic Signal Maintenance Services 2018/2019) determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order. 6.14 No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously. 6.15 Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor's surety or sureties. ARTICLE 7. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of$500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. ARTICLE 8. COMPONENT PARTS OF THE CONTRACT. The"Contract Documents"include the following: Notice Inviting Bids Instructions to Bidders Contractor's Bid Forms Contractor's Certificate Regarding Workers' Compensation Bid Bond Designation of Subcontractors Information Required of Bidders Non-Collusion Declaration form Iran Contracting Act Certification form Public Works Contractor Registration Certification form Contract Performance Bond Payment (Labor and Materials) Bond General Conditions Special Provisions (or Special Conditions) Technical Specifications California Building Codes as defined in the General Conditions Addenda Plans and Contract Drawings Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. ARTICLE 9. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal,state and local Contract-6 (Traffic Signal Maintenance Services 2018/2019) laws, rules and regulations, including, but not limited to,the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project. ARTICLE 10. INDEMNIFICATION. 10.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless the City, its respective officials, officers, agents, employees, and representatives ("Indemnitees") from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages (including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses) or injuries, in law or equity,regardless of whether the allegations are false,fraudulent, or groundless,to tangible property or persons(including wrongful death, accidents or injuries arising from the alleged failure to inspect or to maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of products or in rendering services under the Contract Documents, such as automobile accidents, trip/slip and fall accidents and third party assaults) arising out of or resulting from the performance of the Work or this Contract (including claims made by subcontractors for nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City,its respective officials, officers, agents, employees and representatives. To the extent of its liability,Contractor shall pay and satisfy any judgment,award or decree that may be rendered against the City and its respective officials,officers, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City and its respective officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 10.2 The duty to defend and to hold harmless, as set forth above, shall include the duty to defend as established by Section 2778 of the California Civil Code, and the duty to defend shall arise upon the making of any claim or demand against the City, its respective officials, officers, agents, employees and representatives,notwithstanding that no adjudication of the underlying facts has occurred, and whether or not Contractor has been named in the claim or lawsuit. 10.3 Nothing contained in the preceding sections shall be deemed to obligate the Contractor to indemnify the City or any of the other Indemnitees,against liability for damages or any other loss, damage or expense sustained,suffered or incurred on account of death or bodily injury to active persons or injury to property caused by the sole negligence or willful misconduct of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal proceedings or agreement,that the Contractor has no direct contributory or incidental negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no way a proper party to a particular claim,then the Contractor shall not be obligated to hold the City or any Indemnitees harmless with respect to said claim. However, until such determination is made by legal proceedings or agreement, or if the Contractor is found to have any degree of direct or contributory negligence or if it is determined that the Contractor is in any way or to any degree a proper party to said claim,then the Contractor's obligations under all of the terms and provisions of the preceding section shall remain in full force and effect. 10.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified under Contract- 7 (Traffic Signal Maintenance Services 2018/2019) this Article, pending a determination of the respective liabilities of the City or any Indemnitee, by legal proceeding or agreement. 10.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract,Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and hold harmless as provided in this Contract shall not in any way be affected or diminished by any statutory or constitutional immunity it enjoys from suits by its own employees or from limitations of liability or recovery under workers' compensation laws. ARTICLE 11. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the Public Works Services Department or may be obtained online at http//www.dir.ca.gov/dlsrand which must be posted at the job site. IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties,on the day and year above written. CITY OF ARCADIA SIEMENS MOBILITY, INC. By: By: Dominic LazzarettP Signature City Manager :TF.V& TEAL biaCT L of S .—Vic(. Print Name and Title Attest: By. �CA1 1 1Ad ,,1Q B Y Cit erk Si natur � 9 JJnn 77- -rint Name and Titl- Approved as to Form: ` Stephen P. Deitsch City Attorney Contract-8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 P‘V-lirS)d(( On •GloYLtAl rvj i ) a✓)g before me, f 1'ei�1 SSC, 1�•�orna'" /Date / s Here Insert Name and Title of the Officer personally appeared 5-}-.w�,� ; ( arid )41-4•11 4-6-I Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s).%iare subscribed to the within instrument and acknowledged to me that tt.etslae/they executed the same in b /i r/their authorized capacity(ies), and that by 1;k-571)er/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing MELISSA M.TORNA paragraph is true and correct. Notary Public-Cali`ornia z'- Riverside County WITNESS my hand and official seal. jCommission k 2199403 My Comm.Expires May 2E,2021 Signature `-1()4 I Place Notary Seal and/or Stamp Above !nature 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 Title or Type of Document: Document Date: 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): 0 Corporate Officer-Title(s): ❑ Partner- 0 Limited 0 General 0 Partner- 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee 0 Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association 1