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HomeMy WebLinkAboutContracts & Agreements_108-2019PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 18th day of June, 2019, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Progressive Surface Solutions, LLC hereinafter ("Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the mutual promises contained herein, City and Contractoi agree as follows 1 SCOPE OF WORK Contractor shall furnish all materials and will perform all of the work for the following Purchase and Installation of Harlequin WoodSpring Basketweave Hardwood with Performance Surface at the Redlands Community Senior Center, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Community Center Dance Floor Project (the "Work") 2 CONTRACT SUM: City shall pay Contractor the sum of Ninety Nine Thousand Eight Hundred dollars ($99,800 00) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300 3 TIME FOR COMPLETION The Work shall be completed within Twenty calendar days (20) from and after the date of the delivery to Contractor of the Notice to Proceed by City 4 LIQUIDATED DAMAGES Contractor's failure to complete the Work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, of have withheld from monies due to Contractor, the sum of Five Hundred dollars ($500) for each consecutive calendar day in excess of the specified time for completion of the Work Execution of this Contract shall constitute agreernent by City and Contractor that Five Hundred Dollars ($500) per day is the estimated damage to City caused by the failure of the Contractor to complete the work within the allowed time Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs 5 CONTRACT DOCUMENTS This Contract incorporates by reference the following Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement Performance, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively the "Contract Documents") 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party L IcaldimlAgreements\Progressive Surface Solutions PW Contract,doc. n 7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of three hundred seventy five thousand dollars (S375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1 5 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor S. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractoi and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777 1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9 ASSIGNMENT OF AGREEMENT No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS. City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11. SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor 2 L 1cald,mlAgreements1Progressive Surtace Solutions PW Contract.doc.in IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first Written above (SEAL) ATTEST ne Donaldson, City Clerk City of Redlands BYo' i&k- Paul W Foster, Mayor (SEAL) Progressive Surface Solutions, LLC Name of Contractor ���rtiiiirt, By �•% ‘yitFAek '0, Signature of Authorizeecc ge �' `s0 % = •os�23r�oSEALi-5`�.c- G:01 Richard Jay, Director Jul•• • - ' Title �1:6%'., CAL.!FORMA ; d' '�"IIIWiit" Signature of Authorized Agent (if necessary) Title 984827 Contractor's License No 3 L 1caldkimlAgreementslProgressive Surface Solutions PW Contractdacp WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Quality of Life Department Q0L02252019KG Redlands Community Center Dance Floor Every employer, except the State, shall secure the payment of compensation in one or more of the following ways a By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State b By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees CHECK ONE VI am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement (Labor Code §1861) I affirm that at all times, in performing the work and activities required or permitted under this Agreement, 1 shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct Progressive Surface Solutions, LLC Dated this 19 day of June ,2018 iirrrrrr,r. ?� v ACES ZL E 3i2o15 Z E FORNIA: rn Richard Jay (Contractor) C�— Director ignature) (Official Title) (SEAL) .7/.....7r:/• ,`/*it►����`` (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract ) 4 L 1ca\dimlAgreements\Progressive Surface Solutions PW Contract.doc.in Prenium is subject to change based on the final contract amount Bond No 0762210 Premium: $1,365 00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Progressive Surface Solutions, LLC (hereinafter designated as "Principal") have entered into an agreement dated June 18, 2019 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Redlands Community Center Dance Floor- Project — Q0L02252019KG and is hereby referred to and made a part hereof, and Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and, International Fidelity Insurance Company , as Surety, are held and firmly bound unto the City in the penal sum of Ninety nine Thousand Eight Hundred and ao/ioa dollars ($ 99,800.00 ) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded Principal, 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 provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included m the judgment rendered As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City's option. 1 Complete the Work in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, 5 L lcaldimlAgreements\Progresstve Surface Solutions PW Contract.doc.jn but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above The term "balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal 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 Principal Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same 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 Agreement or to the work or to the specifications. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum. In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on June 19 , 2019 (SEAL) (SEAL) Progressive Surface Solution t C international Fidelity Insurance C (ContractNI (S , is B (Signa_ Irene Luang, g •mey-in-"act(S' :� % ��t%Iirrrrii 4111111 —0"11LVIIIIIP....0" ��* v�^C� �f��� Address 2400 E Katel a Ave , Ste 250 Anaheim CA 92806 (Seal and S �tlent of Telephone ( 714 ) 602-9170 Surety) _ o' : Ufi/7 `� 3!1U15 : � f o • CALIFORNIA : , r 0 • ci, • •-At • •' ',dri,rr�r�iitttt0 ature) 6 L'caldjmlAgreements\Progressive Surface Solutions PW Contract.doc.jn 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 Orange On June 20, 2019 before me, Marcia Garcia, Notary Public (insert name and title of the officer) personally appeared Richard Jay who proved to me on the basis of satisfactory evidence to be the person(s whose name(,') is/arm subscribed to the within instrument and acknowledged to me that heishhltl' executed the same in his/hpt?th.ir authorized capacity(igsl, and that by his/hof/their signature(%) on the instrument the person(4, or the entity upon behalf of which the person(%) 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 Signature (Seal) 2 MARCIA GARCIA COMM. # 2178814 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY " My tamm. Qiprac Jan. 8, ess CALIFORNIA ALL-PURPOSE 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 Orange 1 On 6/19/2019 before me, Sheree Michel Parsons , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luang Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) S Notary Public PARSONS tow** SHEREE } California �, Orange County Z � Commission # 2160299 My Comm Expires Jul 18 2020 and that byhis/her/their signature(s)on the instrument the person(s), r the entity upn behlf f which the person(s) z acted executed the instrument n I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing . ;ragraph is true and correct Witness my hand and offci- := :-. Signature - Signature Place Notary Seal Above Signature of N. . ry Public Sheree Mice o s OPTIONAL Though the information below is not required by law It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another 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 Signers Name ❑ Individual • Individual ❑ Corporate Officer —Title(s) • Corporate Officer—Title(s) ❑ Partner ■ Limited ■ General ■ Partner ❑ Limited ■ General ❑ Attorney in Fact ❑ Trustee RIGHT THUMBPRINT El Attorney in Fact OF SIGNER ❑ Trustee RIGHT THUMBPRINT OF SIGNER ❑ Guardian or Conservator • Other Top of thumb here • Guardian or Conservator Top of thumb here ❑ Other Signer is Representing Signer is Representing POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center, 20Th Floor, Newark, New Jersey 07102-5207 PHONE (973) 624-7200 Bond # 0762210 KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint STEPHANIE HOANG, IRENE LUONG, JAMES W MOILANEN, YUNG T MULLICK Mission Viejo, CA their true and lawful attomey(s) in fact to execute, seal and deliver for and on its behalf as surety any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed required or permitted by law statute rule regulation contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their pnncipal offices This Power of Attorney is executed, and may be revoked, pursuant to and by authonty of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015 RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President Vice President or Secretary of the Corporation shall have the power to appoint and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in fact with authority to execute waivers and consents on behalf of the Corporation and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed " IN WITNESS WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman Executive Vice President, International Fidelity Insurance Company and Allegheny Casualty Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument to me personally known and being by me duly swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies, that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark New Jersey the day and year first above written CERTIFICATION Q Shirelle A Outley a Notary Public of New Jersey My Commission Expires April 4 2023 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF I have hereunto set my hand on this day, June 19, 2019 A00964 Irene Martins Assistant Secretary LABOR AND MATERIAL BOND Bond No 0762210 Premium listed on performance bond Whereas, the City Council of the City of Redlands, State of California, and Progressive Surface Solutions, LLC (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated June 18, 2019, and identified as Redlands Community Center Dance Floor — Q0L02252019KG is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performances of the Agreement and referred to m the aforesaid Code of Civil Procedure in the sum of E��h� H�n�rZ e�tl oonoo dollars ($99.8°° ) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, on June 19 , 2019 . (SEAL) (SEAL) Progre 'v; Surface Solutions, LLC International Fidelity Insurance Comy:n on . ctor) Sigi>atitte%, . : • �,'•'�G iv, • (Seal and Notarial Acknc4• :.• • ;A njE cALIFORI'AIA. -(4 01, •. 0 L.1caldjm\Agreements\Progressive Surface Sol{uii'ratillW Contraci.docjn B Irene Luong Atto ey-in-Fa Address2 oo E Kate 7 Anaheim, CA 92806 Telephone ( 714 ) 602-917o MARC IA GAllgami "+: COMM 1k 2118814RNIA iRCiA _'a'.� NOTARY PUBLIC CN.IFO I ORANGE COUNTY N My oonrt� oxpie' Jan. e, 2021 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 Orange On June 20, 2019 before me, Marcia Garcia, Notary Public (insert name and title of the officer) personally appeared Richard Jay who proved to me on the basis of satisfactory evidence to be the person(s) whose nameis/ape subscribed to the within instrument and acknowledged to me that. hels e/they executed the same in his/Viithoir authorized capacity(Leg), and that by his/(/their signature(,$) on the instrument the person(), or the entity upon behalf of which the person;,21 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 Signature (Seal) CALIFORNIA ALL-PURPOSE 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 Orange } On 6/19/2019 before me, Sheree Michel Parsons , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luang Name(s) of Signer(s) .4 a - ' it •th,...,:-,,.,...,,,.-_,.._,.„._ MICHE `_A' SNEREE ICHCi_ PARSONS Notary Public - Californiaand Orange County Commission # 216D249 My Comm Expires Julia, 2020 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), V. that by his/her/their signature(s) on the instrument the z person(s) or the entityupon behalf of which the person(s) z p () p p ( ) n acted executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the •regoing paragraph is true and correct Witness my hand and o,.I Signature Place Notary Seal Above Sign- re of Notary Public She - r - ' arsons OPTIONAL Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another 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 Signers Name ❑ Individual ■ Individual • Corporate Officer-----Title(s) ❑ Corporate Officer—Title(s) • Partner 0 Limited ■ General ■ Partner • Limited 0 General ❑ Attorney in Fact ❑ Trustee RIGHT THUMBPRINT • Attorney in Fact OF SIGNER • Trustee RIGHT THUMBPRINT OF SIGNER • Guardian or Conservator • Other Top of thumb here ❑ Guardian or Conservator ❑ Other Top of thumb here Signer is Representing Signer is Representing POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY One Newark Center 20th Floor Newark New Jersey 07102 5207 PHONE (973) 624-7200 Bond # 0762210 KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL_ FIDELITY INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint STEPHANIE HOANG, IRENE LUONG, JAMES W MOILANEN, YUNG T MULLICK Mission Viejo, CA their true and lawful attomey(s)-in fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings contracts of indemnity and other wntings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute rule regulation contract or otherwise and the executron of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY as fully and amply to all intents and purposes as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 10th day of July 2015 "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of Attorneys in Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto, and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed " IN WITNESS WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 31st day of December, 2018 STATE OF NEW JERSEY County of Essex Kenneth Chapman Executive Vice President, International Fidelity Insurance Company and Allegheny Casualty Company On this 31st day of December, 2018 , before me came the individual who executed the preceding instrument, to me personally known and being by me duly sworn, said he is the therein described and authonzed officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and of ALLEGHENY CASUALTY COMPANY, that the seals affixed to said instrument are the Corporate Seals of said Companies that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies IN TESTIMONY WHEREOF I have hereunto set my hand affixed my Official Seal, at the City of Newark New Jersey the day and year first above written Q Shirelle A Outley a Notary Public of New Jersey My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attomey and affidavit and the copy of the Sections of the By Laws of said Companies as set forth in said Power of Attorney with the onginals on file in the home office of said companies, and that the same are correct transcnpts thereof, and of the whole of the said originals and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand on this day June 19, 2019 A00964 Irene Martins Assistant Secretary