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HomeMy WebLinkAboutContracts & Agreements_150-2020PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 7th day of July, 2020, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "City"), and Baker Electric, Inc ("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 Capital Improvement Program Water Distribution SCADA Upgrade, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Capital Improvement Program Water Distribution SCADA Upgrade, Project No 71349 (the "Work") 2 CONTRACT SUM City shall pay Contractor the sum of three million fifty thousand six hundred nine dollars ($3,050,609) 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 four hundred calendar days (400) 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, or 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 agreement 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 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 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 1 L 1caldimlAgreements\Baker Electric Contract,PW 3 1 doc.jn Section 20104 2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR. Contractor 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 Ica\djm\Agreements\Baker Electric Contract.PW 3 1 docp IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST Donaldson, City Clerk L: 1caldjmlAgreements\Baker Electric Contract.PW 3 1.docjn City of Redlands ,„,a_kcb Paul W Foster, Mayor r- N i e of Contractor B� Signature of Aut orized Agent Qra:idart • (SEAL) Title Signature of Authorized Agent (if necessary) Title 1 QOo44 Contractor's License No 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department Capital Improvement Program Water Distribution SCADA Upgrade Project No 71349 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 I 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, 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 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 Dated this 1.2 day of June , 2020 B4 *et £tec4ric, inc. (Contractor) / (Signator (Official Title) Pr•sldets+ (SEAL) (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 IcaldimlAgreements\Baker Electric Contract.PW-3 1 docjn Bond #9331856 Premium $20,822 00 Subject to Adjustment Based on Final Contract Price FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Bakei Electric, Inc (hereinafter designated as "Principal") have entered into an agreement dated July 7, 2020 ("Agreement") whereby Pi lncipal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Capital Improvement Program Water Distribution SCADA Upgrade, Project No, 71349 and is hereby referred to and made a part hereof, and Whereas, said Pi incipal is required under the tet ms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Pi incipal and, Fidelity and Deposit Company of Maryland as Surety, are held and firmly bound unto the City in the penal sum of three million fifty thousand six hundred nine 00/100 dollars ($3,050,609 00) lawful money of the United States, for the payment of which sum we bind ourselves, and oui heirs, successors, executors and administratois, jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded Principal, his of 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 Work, the above obligation shall hold good for a period of one (1) year or Iongei 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 duiing this period from the date of completion of the Work, and resulting from of caused by defective materials cm faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect The obligations of Surety hereundei shall continue so long as any obligation of the Pt incipal 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, 01 shall promptly, at the City's option 1 Complete the Work in accordance with its terms and conditions, ea 2 Obtain a bid of bids foi completing the Wolk in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange foi 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 pt ice, but not exceeding, including othet costs and damages foi which Surety may be liable hereundei, the 5 L Icald3m'Agreements\Baker Electric Contract.PW 3 I doc in 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 18 , 2020 (SEAL) (SEAL) Baker Electric, Inc Fidelity and Deposit Company of Maryland l C actor} _ Surety) „eel ' BY � Ted N Baker (Signature) President (Seal and Notarial Acknowledgment of Surety) L 1ca\dim\Agreements\Baker Electric Contract.PW-3 1 doc.in Lawrence F McMahon (Signature) Attorney -in -Fact Address 777 S Figueroa Street, Ste 3900 Los Angeles, CA 90017 Telephone ( 213 ) 270 0600 6 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 San Diego } On JUN 1'8 2020 before me, Date personally appeared Rachel A Mullen Insert Name of Notary exactly as it appears on the official seal Lawrence F McMahon , Notary Public Names) of Signer(s) RACHEL A MULLEN Notary Public California San Diego County v Commission # 2181212 My Comm Expires Jan 23 20211 Place Notary Seal Above 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 han Signature OPTIONAL ficial seal Signature of Notary Public Rachel A Mullen 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) Signers Name E Individual ❑ Corporate Officer—Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer s Name ❑ Individual ❑ Corporate Officer--Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND PON\ ER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY 01' MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies") by Robert D Murray, Vicc President in pursuance ot authority granted by Article V Section 8 oldie By Laws of said Companies which are set forth on the reverse side hereof and are hereby certified to be to full force and effect on the date hereof, do hereby nominate, constitute, and appoint, L•iwrence F McMahon, Maria Guise, S•irah Myers, Ryan E Warnock and Rachel A Mullen, all of San Diego, California, EACH, its true and lawful agent and Attorney in -Fact to make execute sea] and deliver for and on its behalf as surety and as its act •tnd deed any and all bonds and undertakings, and the execution of such bonds or undertakings m pursuance of these presents shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if the\ had been duly executed and acknowledged by the regulark elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office, in Owings Mills Maryland in their own proper persons The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By Laws of said Companies, and is now in force IN WITNESS WHEREOF the said Vice President has hereunto subscribed his/her names and affixed the Corporate Seals ot the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF 1MAR\ LAND, this 20th day of September, A D 2019 By Robert D Murray Vice President ti By Dawn E Brown secretary ZURICH AMERICAN INSURANCE COMPANI COLONIAL AMERICAN CASUALTY AND SURET% COMPAN\ FIDELITA AND DEPOSIT COMPANY OF MAR\ LAND State of Maryland Count) of Baltimore On this 20th day of September A D 2019 before the subscriber a Notary Public ot the State ot Maryland duly commissioned and qualified Robert D Murray Vice President and Dawn E Brown, Secretary ot the Companies to me personally known to be the individuals and officers described in and who executed the preceding instrument and acknowledged the execution of same and being by me duly sworn deposeth and saith that he/she is the. said officer of the Company aforesaid and that the seals affixed to the preceding instrument are the Corporate Seals ot'said Companies and that the said Corporate Seals and the signature as such officer were dui). affixed and subscribed to the said instrument by the authonh and direction of the said Corporations IN TESTIMONY WHEREOF 1 have hereunto set my hand and affixed my Official Seal the day and year first above, written Constance A Dunn Notary Public My Commission Expires July 9 1023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V Section 8, Attorneys in Fact The Chief Executive Officer the President or any Executive Vice President or Vice President may by written instrument under the attested corporate seal appoint attorneys in -fact with authority to execute bonds policies recognizances stipulations undertakings or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in fact to affix the corporate seal thereto and ma) with or without cause modify of revoke any such appointment or authority at any time " CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURE fY COMPANY and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hercb\ certify first the foregoing Power of Attorney is still in full force and effect on the date of this certificate and I do further certify that Article V Section 8 of the By Laws of the Companies is still in force This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998 RESOLVED "That the signature of the President or a Vice President and the attesting sign -Mire ofa Secretary or an Assistant Secretary and the Seal of the Company. may be affixed by facsimile on an Power of Attorney Any such Power or any certificate thereof bearing, such facsimile signature and seal shall be valid and binding on the Company " This Power of Attorney and Certificate may be signed by facsimile under and by. authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May 1994 and the followuie resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May 1990 RESOLVED "That the facsimile or mechanically reproduced seal of the company and ficsimile or mechanically reproduced signature of any Vice President, Secretary or Assistant Secretary of the Company whether made heretofore or hereafter \Oteroer appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and effect as though manually affixed IN IES'fl\4ONY WHEREOF I have hereunto subscribed my name and affixzd the corporate seals of the said Companies thic day of epettSlit SBR NV:di JUN 1'8 M20 �°"0R'' :S a1068 21'4470, Brian M Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO. Zurich Surety Claims 1299 Zurich Way Schauinburg IL 60196 1056 www. reportsfclaims(ii)zurichna coin 800-626 4577 Bond #9331856 Premium Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Baker Electric, 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 July 7, 2020, and identified as Capital Improvement Program Water Distribution SCADA Upgrade, Project No 71349 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 performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of three million fifty thousand six hundred nine 0 0 / 1 0 0 dollars ($3,050,609 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 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 18, 20 t0 (SEAL) Baker Electric, Inc (SEAL) Fidelity and Deposit Company of Maryland ntractor) Surety) BY Ted N Baker (Signature) President (Seal and Notarial Acknowledgement of Surety) L.Icaldkim\Agreements\Baker Electric Contract.PW 3 1 doc.jn Lawrence F McM (Signature Attorney -in -Fact Address 777 S. Figueroa Street. Ste. 3900 Los Angeles, CA 90017 Telephone ( 213 ) 270-0600 7 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 San Diego } On JUN 115 2020 Date personally appeared before me, Rachel A Mullen insert Name of Notary exactly as it appears on the official seaL Lawrence F McMahon , Notary Public, Names) of Signer(s) RACHEL A MULLEN Notary Public California San Diego County Commission # 2181212 My Comm Expires Jan 23 2021 !. As•lwar ,�,w.;��,�,.q . Place Notary Seal Above 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 official seal Signature OPTIONAL I �/ Signature o Notary Public Rachel A. Mullen 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 ❑ Corporate Officer —Title(s) ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer is Representing Surety Company RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Corporate Officer —Title(s) ❑ Partner ❑ Limited E General ❑ Attorney in Fact ❑ Trustee E Guardian or Conservator ❑ Other Signer is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here ZURICH AMERICAN INSURANCE COMPANI COLONIAL AMERICAN CASUALTY AND SURETY CO;IIPANI FIDELI FY AND DEPOSIT COMPANY OF MARYLAND POW ER OF ATTORNEY KNOW ALL MEN BY MESE PRESENTS That the ZURICH AMERICAN INSURANCE COMPANY a corporation of the State of New York the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY a corporation of the State of Illinois and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called thi. "Companies") by Robert D Murray, Vice President in pursuance of authorit} granted by Article V, Section 8 of the By Laws of said Companies which are set forth on the reverse side hereof and are hereby certified to he m full force -ind effect on the date hereof do hereby nominate constitute -ind appoint, Lawrence F McMahon, Maria Guise, Sarah Myers, Ryan E Warnock and Rachel A Mullen, all of San Diego, C•ilifornia, EACH, its true and lawful agent and Attorney -in Fact to make execute seal and deliver for, and on its behalf as surety and as its act and deed any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been dul) executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in Nev+ York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills Maryland and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills Maryland in their own proper persons The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V Section 8 of the By Laws of said Companies and is now in force IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her navies and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTI AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARi LAND this 20°i day of September, A D 2019 By Robert D Murray Vice President By Da%ur E Brawn Secretary ZURICH AMERICAN INSURANCE COMPAN'I COLONIAL AMERICAN CASUALTY AND SURETI COMPAN1 FIDELITI AND DEPOSIT COMPANY OF MARi LAND State of Maryland Count) of Baltimore On this 20th day of September A D 2019 befar� the subscriber a Notary Public of the State of Maryland duh commissioned and qualified Robert D Murray Vice President and Dawn E Brown Secretary of the Companies to me personally known to be the individuals and officers described in and who executed the, preceding instrument and acknowledged the execution of same and being by me duty sworn deposeth and saith that he/she is the said officer of the Company aforesaid and that the seals affixed to the_ preceding instrument are the Corporate Seals of said Companies and that €hi, said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction dila. said Corporations IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written 5� 11€IYi,• 1 Constance A Dunn Notary Public My Commission Expires July 9 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8. Attorneys -in -Fact The Chief Executive Officer the President or any Executive Vice President or Vice President may b% written instrument under the attested corporate seal appoint attorneys in -fact with authority to execute bonds policies recognizances stipulations undertakings or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in fact to affix the corporate seal thereto and ma% with or without close modify of revoke any such appointment or authority at any time " CERTIFICATE 1. the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereb\ certify that the foregoing Power of Attorney is still in frill force and effect on the date of this certificate and I do further certify that Article V Section 8 of the By Laws of the Companies is still in force this Power of Attorney and CertihcatL may be signed by facsunile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998 RESOLVED "That the signature of the President or a Vice President -Ind the attesting signature ofa Secretary or an Assistant Secretary and the Seal of the Company may be aftixed by facsimile on any Power of Attorney Any such Power or any certificate thereof hearing such facsimile signature and seal shall be valid and binding on the. Company " This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May 1994 and the following resolution of the Board of Directors of the FIDELI rY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May 1990 RESOLVED 'That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice President, Secretary. or Assistant Secretary of the Company whether made heretofore or hereafter wliere‘er appearing upon a certified copy of any power of attorney issued by the Company shall be valid and binding upon the Company with the same force and etlect as though manually affixed IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed the corporate seals of the said Companies ttiis Jay rd JUN 1 '8 2020 Brian M Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON TI -IE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO Zurich Surety Claims 1299 Zurich Way Schaumburg IL 60196-1056 www.reportsfelaims@zunchria colli 800-626 4..)77