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HomeMy WebLinkAboutContracts & Agreements_229-2020PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 3rd day of November, 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 GSE Construction Company, 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 Redlands WWTP MBR and Digester Improvements Project - Phase 1B, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's Redlands WWTP MBR and Digester Improvements Project - Phase 1B, Project No 521006 (the "Work") 2 CONTRACT SUM City shall pay Contractor the sum of six million one hundred twenty eight thousand one hundred dollars ($6,128,100) 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 three hundred sixty five (365) calendar days 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) pei 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 L lea\djmlAgrecments\GSE Construction PW Contract FY20 0042.doc jn Contract Code (commencing with Section 20104) All claims shall be m 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 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 1 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 12 JURISDICTION AND VENUE Any action at law or in equity arising under the Contract Documents, or brought by a Party for the purpose of enforcing, construing or determining the validity of any provision of the Contract Documents, shall be filed and tried in the Superior Court of the county of San Bernardino, State of California, and the Parties waive all provisions of law providing for the filing, removal or change of venue to any other court L lcald,umlAgreements\GSE Construction PW Contract.FY20 0042 doc,in IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and yeas first written above (SEAL) ATTEST City of Redlands C?J2&)-ZA Paul W Foster, Mayoi e Donaldson, City Cleik GSE Construction Company Inc Name of Contractoi By Signature of Authorized Agent Dennis Gutierrez, President (SEAL) Title Signature of Authorized Agent (if necessary) Title 401498 Contractor's License No L Ica\dim\Agreements\GSE Construction PW Contract i'Y20 0042 doc jn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department Redlands WWTP MBR and Digestei Improvements Project - Phase 1B Project No 521006 Every employee, except the State, shall secure the payment of compensation m one 01 more of the following ways a By being insured against liability to pay compensation by one 01 more insureis duly authorized to write compensation insurance in this State b By secui ung from the Director of lndusti nal Relations, a certificate of consent to self - ensure, either as an individual employe', 01 as one employee in a group of employers, which may be given upon furnishing proof satisfactory to the Director of lndustiial Relations of ability to self -insure and to pay any compensation that may become due to his of het employees CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employee to be insured against liability foe Woikers' Compensation of to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the peeformance of the work and activities required 01 permitted cinder this Agreement (Labor Code §1861) I affirm that at all times, in performing the woik and activities required 01 peimitted uncle' this Agreement, I shall not employ any person in any manner such that 1 become subject to the workers' compensation laws of California I-lowever, at any time, if 1 employ any person such that 1 become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of' consent to self -insure, of a certification of workers' compensation insurance I certify under penalty of penury under the laws of the State of California that the information and representations made in this certificate are true and correct Dated this 27th day of October , 2020 G .E—C—ons ruction Company Inc (Contractor) (Signa c -)• Dennis Gutierrez, President (Official Title) (SEAL) (Labot Code Section 1861 provides that the above certificate must be signed and filed by the Contractoi with the Ownei prior to performing the woik of the contract ) L lca\dim\Agreements\GSL Construction PW Contract FY20 0042 docin Bond No 9355737 Premlum $42,784.00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and GSE Construction Company, Inc (hereinafter designated as "Principal") have entered into an agreement dated November 3, 2020 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as Redlands WWTP MBR and Digester Improvements Project - Phase 1B, Project No 521006 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, Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto the City in the penal sum of six million one hundred twenty eight thousand one hundred dollars ($6,128,100) 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 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, L 1caldjm\Agreements\GSE Construction PW Contract.FY20-0042 doc jn but not exceeding, including other costs and damages for which Surety may be liable hereundei, 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 propeily 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 Pi incipal 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 foi the use of any person or corporation other than the City named herein or the successors 01 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 01 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 01 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 October 23rd , 2020 GSE_onstruction Company, Inc 3ontractor) (SEAL) (Signature) Oen'\ IS Gvh erre2, Pres 1dent' (Seal and Notarial Acknowledgment of Surety) (SEAL) Fidelity and Deposit Company of Maryland BY ( uret )) Signature) Stanley J Matranga Attorney in Fact Address 1299 Zurich Way, 5th Floor Schaumburg, IL 60196 - 1056 Telephone ( 916 ) 474 4227 L 1ca1dlmlAgrccments\GSE Construction PW Contract FY20 0042 doc in ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER 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 OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D Murray, Vice President in pursuance of authority 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 be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Stanley J MATRANGA and Eric V MATRANGA, both of Granite Bay, California, 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 duly executed and acknowledged by the regularly 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 of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of August, A D 2019 I PT ATTEST ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Robert D Murray Vice President By Dawn E+' Brawn Secretary State of Maryland County of Baltimore On this 13th day of August, A.D 2019, before the subscriber a Notary Public of the State of Maryland duly 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 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 of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority 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 140 ith, Constance A Dunn, Notary Public My Commission Expires July 9, 2023 by EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attornevs 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 offieei or any such attorney in -fact to affix the corporate seal thereto, and may with or without cause 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 hereby certify that the foregoing Power of Attorney is still m 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 of a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any 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 Powei 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 CASUAI TY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the tollowing 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 facsimile or mechanically reproduced signature of any Vice President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever 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 TESTIMONY WHEREOF, I have hereunto subscribed my naive and affixed the corporate seals of the said Companies, this 23rd day of October 2020 3 it Brian M I -lodges, 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 Schaumburg, IL 60196-1056 www reportsfclaims(7zuriclina.com 800-626 4577 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 oa i'f. - A- A A A A H Oa • N Oa S Oa• A• W H A ia• V A- Va. 9a- Ga -_A _i. .q y 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 Placer On October 23, 2020before me, Eric Matranga, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stanley J Matranga 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-/ heir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signature of Notary Public Though this section is optional completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer s Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02014 National Notary Association www NationalNotary org • 1-800 US NOTARY (1-800 876 6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 sic cc r< re rc cc rc cc e < �c ec cc- • acre ce o,<x7ix—• r- c -ccrcc - n - e.•00"' - - - r,� c ceaerers 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 Alameda On Q Ch h 2r 73 202 before me, Iris M Sosa, Notary Public Date personally appeared Dennis Gutierrez Here Insert Name and Title of the Officer 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) 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 IRIS M SOSA Notary Public California Alameda County Commission ' 2257216 My Comm Expi'es Sep 3 2022 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signature of Notary Public Though this section is optional completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee D Guardian or Conservator ❑ Other Signer Is Representing Signer s Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing 02015 National Notary Association • www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Bond No 9355737 Premium Included in Perf Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and GSE Construction Company, inc (hereinaftei 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 November 3, 2020, and identified as Redlands WWTP MBR and Digester Improvements Project - Phase IB, Project No 521006 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 Labot 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 six million one hundred twenty eight thousand one hundred dollars ($6,128,100) foi materials furnished or labor thereon of any kind, or foi amounts due under the Unemployment Insurance Act with respect to such work 01 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 01 the specifications accompanying the same shall 10 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 October 23rd , 20 20 (SEAL) (SEAL) GSE Construction Company, Inc Fidelity and Deposit Company of Maryland (Contractor) (St ret ,, BY 4 ��I.��.��,-�, (Signature) (Seal and Notarial Acknowledgement of Surety) Stanley J Matrae ( ignature) Attorney'n-Fact Address 1299 Zurich Way, 5th Floor Schaumburg, IL 60196 1056 Telephone ( 916 ) 474 4227 L Ica\dim\Agreements\GSE Construction PW Contract FY20 0042 doc�n ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER 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 OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies") by Robert D Murray, Vice President, in pursuance of authority 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 be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Stanley J MATRANGA and Eric V MATRANGA, both of Granite Bay, California, 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 duly executed and acknowledged by the regularly 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 of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of August, A D 2019 ATTEST. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By Robert D Murray Vice President t at2ta�rt.. (`? bk GYti By Dawn Brown Secretary State of Maryland County of Baltimore On this 13th day of August, A.D 2019, before the subscriber, a Notary Public of the State of Maryland, duly 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 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 of said Companies and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said Instrument by the authority and direction of the said Corporations IN TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written Ill Oa, 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 of Vice President may, by written instrument under the attested corporate seal, appoint attorneys in fact with authority to execute bonds, policies, recognisances, 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 may 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 SURETY COMPANY, and the FIDELI fY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that 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 signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any 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 following 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 facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever 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 TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seals of the said Companies, this lard day of October 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 THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www,reportsfc,launs(rz7zurtc,hna. corn 800 626-4577 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ...a A .A Va-.A'.A .A• N .A •.A. - . . A• A• A- W. A•-A•.A A .A .A 41. A .A .A .A• A -A .A .A A. A A 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 Placer On October 23, 2020 before me, Eric Matranga, Notary Public Date Here Insert Name and Title of the Officer personally appeared Stanley J Matranga 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 s/armsubscribed to the within instrument and acknowledged to me that he/shcte,1t#aey executed the same in his/her/their authorized capacity(ies), and that by his/hcr/thoir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted executed the instrument Place Notary Seal Above 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 47, Signature of 19-o-tary Public OPTIONAL Though this section is optional completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing Signer s Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing tic:•e.�u:�;csu:�c;e.��v�w�c:�=•ex=o�;e;�c=c�;c:�.c.� .exz�:r:c;�u:�c,c:�:c:� ;c:�•vie.�w�s:�=c;�c;cx,c:�:c>�u:�c%c:�;c.�;�ux=�c.�c:c:�c:cr.c:�c:c;�c=�:�:c;�=c�:c;�;�;�%c;� ©2014 National Notary Association www NationalNotary org • 1 800 US NOTARY (1-800-876 6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 cx r nre c� cs� e� r � rca� cera c� cue - r. -. — - -:n - n,4-eeCc <> - —,c-"1• - ce:c e c� 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 Alameda On OC}-Uh tr 23 / 202o before me, Iris M. Sosa, Notary Public Date Here Insert Name and Title of the Officer personally appeared Dennis Gutierrez 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) 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 IRIS M SOSA Notary Public California Alameda County Commission n 2257216 My Comm Expires Sep 3 2022 Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — D Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other Signer Is Representing Signer s Name ❑ Corporate Officer — Title(s) ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing ©2015 National Notary Association • www NationalNotary org 1 -800 -US NOTARY (1-800-876-6827) Item #5907