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HomeMy WebLinkAboutContracts & Agreements_191-2019 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 17th day of Septembei, 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 California Professional Engineering Inc (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 Contractor agree as follows 1 SCOPE OF WORK Contractor shall furnish all materials and will perform all of the work for the following HSIP CYCLE 7 UNCONTROLLED CROSSING SAFETY ENHANCEMENTS, complete all items as required by the Contract Documents (as herein defined) and Specifications foi City's HSIP CYCLE 7 UNCONTROLLED CROSSING SAFETY ENHANCEMENTS, City Project No 41065 Federal Project No HSIPL-50$3(019) 2 THE CONTRACT SUM City shall pay Contractor the sum of three hundred and twenty four thousand seven hundred and forty three Dollars $(324,743 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 requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300 3 TIME FOR COMPLETION The Work shall be completed within one hundred (100) calendai days from and after the date of the delivery to Contractoi of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES: Contractoi'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 Contractoi, the sum of Five Hundred Dollars ($500) foi each consecutive calendai day in excess of the specified time foi completion of Work Execution of the Contract shall constitute agreement by City and Contractor that Five Hundred Dollars(Five Hundred Dollars ($500)per day is the estimated damage to City caused by the failure of the Contractoi to complete the Work within the allowed time Such sum is foi liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractoi 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 Bond, Laboi and Material Bond, Plans, General Conditions, General Requirements. Technical Specifications, and any addenda thereto (collectively the Contract Documents' ) 6 ATTORNEYS' FEES In the event any legal action is commenced to enforce at interpret the terms or conditions of the Contract documents,the prevailing Party in such action in addition to any costs and othei relief, shall be entitled to recovei its reasonable attorneys' fees, including fees foi use of in-house counsel by a Party 7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of Three Hundred Seventy Five Thousand Dollars ($375,000) 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 oi supersede the notice requirements provided in this case from filing claims by Contractor 8 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 Contractoi each binds itself and then respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11 SEVERABILITY Any provision oi part of the Contract documents held to be void oi 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above City of Redlands (SEAL) (Owner) By Denise Davis, Mayor Pro Tempore ATTEST: • Je • Donaldson,City Clerk (SEAL) California Professional Engineering, Inc Name of Contra r By Signature uthorized Ag Preside Title Signature of Authorized Agen necessary) Secretary Title 793907 Contractor's License No WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities& Engineering Department HSIP CYCLE 7 UNCONTROLLED CROSSING SAFETY ENHANCEMENTS, City Project No. 41065 Federal Project No HSIPL- 5083(019). 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 in 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 X I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's 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 section §1861) X 1 affirm that all times, in performing the work and activities required or permitted under this Agreement, I 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 1 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 Dated this 14 day of September,2019. California fessional Engineering Inc (Con or) (Signature) President (Official Title) (SEAL) (Labor Code Section 1 861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract) Executed in Duplicate Bond No 6131006289 Bond Premium S4 676 00 which is subject to change based on the final contract amount FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and California Professional Engineering Inc, (hereinafter designated as "Principal") have entered into an agreement dated Sept 17 ,2019 ("Agreement")whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as **see below and is hereby referred to and made a part hereof, and **HS1P Cycle 7 Uncontrolled Crossing Safety Enhancements City Project No 41065 Federal Project No HS1PL-5083(019 Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and united StatesYire Insurance Company , as Surety, are held and firmly bound unto the City in the penal sum of "three Hundred Twenty Four Seven hundred Forty Three. nd00/100 Dollars ($ 324,743 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 in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one(I) 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 Agreement in accordance with its terms and conditions, or 2 Obtain a bid or bids for completing the Agreement 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, 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 Agreement 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 September 13 , 2019 (SEAL) (SEAL) California role ion - e Inc United State.F re Insurance cPrnxnany ( t ( tY) (Signature (Si ure a Luong,Attorney-in-Fact Addres -305 Madi Avenue (Seal and Notarial Acknowledgement of Surety) Morristown,NJ 07962 Telephone ( 973 ) 490-6600 ALL-PURPOSE ACKNOWLEDGMENT jState of California 0 4 County of Los angeles SS ` I On Alicia Nguyen Notary Public, 1 ���13 ���� , before me, I DATE 1 • personally appeared �WO v� 1 who proved to me on the 1 1 basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument 1 4 and acknowledged to me that he/she/they executed the 1 • same in his/her/their authorized capacity(ies), and that 1 1 by his/her/their signature(s) on the instrument the 1 1 person(s), or the entity upon behalf of which the I person(s) acted, executed the instrument + 1 0 1 I certify under PENALTY OF PERJURY under the 4 $ laws of the State of California that the foregoing 0 paragraph is true and correct 1 I ,, -'-<,+ ALICIA NGUYEN „` COMM #2211346 63,) ;,,iy_r NOTARY PUBLIC•CALIFORNIA 2 LOS ANGELES COUNTY WITNESS myhand and official seal 1 1 �'r'�` Comm Exp AUG 2.,2021 1 $ 1 $ 1 1 NOTARY'S SIGNATURE 1 4 A notary public or other office completing this certificate verifies only the identity of the individual who signed the document 4 1 to which this certificate is attached,and not the truthfulness,accuracy or validity of that document 1 $ PLACE NOTARY SEAL IN ABOVE SPACE 1 $ millINNI OPTIONAL INFORMATION The information below is optional. However,it may prove valuable and could prevent fraudulent attachment 1 of this form to an unauthorized document 0 1 CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT , ❑ INDIVIDUAL 4 ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT 1 ❑ PARTNER(S) TITLE(S) 1 ' ❑ ATTORNEY-IN FACT $ $ NUMBER OF PAGES I ❑ TRUSTEE(S) I 1 ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMEN3 1 1 1 1 $ — OTHER 1 SIGNER(PRINCIPAL)IS REPRESENTING $ NAME OF PERSUN(S}OR I.NT'rY(IES) L RIGHT + THUMBPRINT 2 ' 1 - OF 01 1 SIGNER o 1 0 1 1 - - � - __ _ _ - - 4W APA I12012 NOTARY DONDS SUPPLIES AND FORMS ATHTTPJ VAVW VA!LE1-S]ERRA,COM V2005'005VALLI:1-SII,RRAINSURANCE 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 September 13, 2019 before me, Robyn R Kargari 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), and that by his/her/their signature(s) on the instrument the — person(s), or the entity upon behalf of which the person(s) _ R acted, executed the instrument ��`aF,'"f ROBYN R.}(ARGARI N a If 7' COMM #2296844 I certifyunder PENALTY OF PERJURY under the laws of fir; � T NOTARYPt1l3LILIf COUNTY g;gy, the Stae of California that the foregoing is true sr�c��r: ORANGE g 9 � « WOW&EXP.JULY t3,2023 N and correct Witness my ban fficial seal Signature Place Notary Seal Above S nature tary obyn R Kargari 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 fo 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 Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer —Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer is Representing Signer is Representing POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE MORRISTOWN,NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint Yung T Mullick James W Moilanen Irene Luong P Austin Neff Stephanie 1-boang each,its true and lawful Attorney(s) In Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties not exceeding Fifty Million Dollars(S50,000,000) This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys In Fact named above and expires on January 31,2020 This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof,which Articles provide,in pertinent part Article IV Execution of Instruments Except as the Board of Directors may authorize by resolution,the Chairman of the Board President any Vice President,any Assistant Vice President the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation (a) to execute affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts,obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements, (b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation Article III, Officers, Section 3 11, Facsimile Signatures The signature of any officer authorized by the Corporation to sign any bonds, guarantees,undertakings, recognizances, stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced In addition, if and as authorized by the Board of Directors dividend warrants or checks or other numerous instruments similar to one another in form may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued iN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate sell hereunto affixed this 10h day of March,2016 UNITED STATES FIRE INSURANCE COMPANY A c Anthony R Slimowicz,Executive Vice President State of New Jersey) County of Morris } On this 10'1'day of March 2016,before me,a Notary public of the State of New Jersey,came the above named officer of United States Fire Insurance Company to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office SONIA SCALA � yf t t� leech- NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No 2163686 I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 13th day of September 2019 UNITED STATES FIRE INSURANCE COMPANY Lev W44 Peter M Quinn,Senior Vice President Executed in Duplicate Bond No 6131006289 Bond.Premium included in Performance Bond LABOR AND MATERIAL BOND Whereas,the City Council of the City of Redlands, State of California, and California Professional Engineering Inc(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 September 17 , 2019 , and identified as **see below is hereby referred to and made a part hereof, and **HS1P Cycle 7 Uncontrolled Crossing Safety Enhancements City Project No 41065 Federal Project No HSIPL-5083(019) 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 performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of **see below Dollars ($ 324,743 00 ) 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. **Three Hundred Twenty Four Thousand Seven Hundred Forty Three and 00/100 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 September 13 , 2019 (SEAL) (SEAL) California Professit nal ngin.- n• l United State Fire Insurance C pany liontractAIT SuAgO BI - (S : ature) ' ign • ne Luong,Attorney-in-Fact Address '305 Mad =- ale _ (Seal and.Notarial Acknowledgem- t of Surety) Morristown,NJ 07962 Telephone ( 973 ) 490-6600 ALL-PURPOSE ACKNOWLEDGMENT gState of California $ / Los an ales SS I 1 County of 9 I 4 On 00 IV, \'22)V , before me, Alicia Nguyen ,Notary Public, 4 4 DATE I 4 personallyappeared4 4 pp V�� N���� ,who proved to me on the 1 4 4 4 basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument I and acknowledged to me that he/she/they executed the 4 1 same in his/her/their authorized capacity(ies), and that 1 1 by his/her/their signature(s) on the instrument the I I person(s), or the entity upon behalf of which the 1 person(s) acted, executed the instrument $ 4 4 I certify under PENALTY OF PERJURY under the 1 4 laws of the State of California that the foregoing 0 4 paragraph is true and correct 1 4 ;.., ALICIA NGUYEN 4 ',,',,_ COMM.#2211346 1 1 1 4 `. NOTARY PUBLIC•CALIFORNIA n I 1 LOS ANGELES COUNTY 1 ��;�f WITNESS my hand and official seal / 4 . L Comm Exp AUG 25 2021 4 4 4 4 1 1 4 $ NOTARY SSIGNATURE 4 A notary public or other office completing this certificate verifies only the identity of the individual who signed the document ; 1 to which this certificate is attached,and not the truthfulness,accuracy or validity of that document 4 4 PLACE NOTARY SEAT IN ABOVE SPACE 4 1 OPTIONAL INFORMATION • 4 The information below is optional However,it may prove valuable and could prevent fraudulent attachment 4 0 of this form to an unauthorized document I 4 CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT 4 $ ❑ INDIVIDUAL I 1 ❑ CORPORATE OrFICER TITLE OR TYPE OF DOCUMENT + 4 ❑ PARTNER(S) TITLE(S) 1 1 ❑ ATTORNEY-IN-FACT 4 4 NUMBER OF PAGES 4 4 ❑ TRUSTEE(S) , $ ❑ GUARDIAN/CONSERVATOR 1 1 ❑ OTHER DATE OF DOCUMENT 4 I 1 1 OTHER 4 + SIGNER(PRINCIPAL)IS REPRESENTING � $ NA NIL OF PERSON(S)OR LN rry(IES) RIGHT C 4 TIIUMBPRINT s $ 4 OF 4 4 SIGNER 4 1 1 APA1'20L2 NOTARY BONDS SL'PPLIESANDFORMSATHTTP:4WWV,VAL LEA SIFRRA.C'OM fr2005200SVALL.I-YSIFRRAINSI.RANCE 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 September 13, 2019 before me, Robyn R Kargari Notary Public Date Insert Name of Notary exactly as it appears on the official seal personally appeared Irene Luong Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 4S�pL°F r"�3a ROi3YN R KARGAFt1 acted executed the instrument N �, 1 COMM #2296844 A I certify under PENALTY OF PERJURY under the laws of ?��•-" a NOTARY PUBLIC•CALIFORNIA ;; • cn the State of California that the foregoing paragraph is true ?fir: ORANGE COUNTY N and correct eirmago MY COMM EXP JULY 43,2023 ..• .. s i Witness my ha fficial seal Signature Place Notary Seal Above tgnatu f ary blic obyn R Kargari 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 Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer —Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact RIGHT THUMBPRINT, ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer is Representing Signer is Representing POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE MORRISTOWN,NEW JERSEY 07626 KNOW ALL MEN BY THESE PRESENTS That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed and does hereby make constitute and appoint Yung T Mullick,James W Moilanen,Irene Luong,P Austin Neff,Stephanie 1-Ioang each its true and lawful Attorneys) In Fact,with full power and authority hereby conferred in its name place and stead to execute acknowledge and deliver Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office in amounts or penalties not exceeding Fifty Million Dollars(S50,000,000) This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys In Fact named above and expires on January 31,2020 This Power of Attorney is granted pursuant to Article IV of the By Laws of United States Fire Insurance Company as now in full force and effect and consistent with Article Ill'thereof,which Articles provide,in pertinent part Article IV Execution of Instruments- Except as the Board of Directors may authorize by resolution,the Chairman of the Board, President, any Vice President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation (a) to execute affix the corporate seal manually or by facsimile to acknowledge,verify and deliver any contracts,obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements, (b) to appoint in writing one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation Article III Officers Section 3 I I Facsimile Signatures The signature of any officer authorized by the Corporation to sign any bonds guarantees undertakings recognizances,stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 10th day of March,2016 UNITED STATES FIRE INSURANCE COMPANY Anthony R Slimowicz,Executive Vice President State of New Jersey' County of Morris } On this 10th day of March 2016,before me,a Notary public of the State of New Jersey,came the above named officer of United States Fire Insurance Company to me personally known to be the individual and officer described herein and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office SONIA SCALA NOTARY PUBLIC OF NEW JERSEY Sonia Scala (Notary Public) MY COMMISSION EXPIRES 3/25/2024 No 2163686 1,the undersigned officer of United States Fire Insurance Company a Delaware corporation do hereby certify that the original Power of Attorney of which the foregoing is a full true and correct copy is still in force and effect and has not been revoked IN WI CNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 13th day of September ,2019 UNITED STATES FIRE INSURANCE COMPANY VA; ?r- HU- Peter M Quinn,Senior Vice President