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HomeMy WebLinkAboutContracts & Agreements_116-2022PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract ("Contract") is made and entered into this 21St day of June, 2022, 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 & Renewables LLC (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a "Party" and, together, as the "Parties." In consideration of the mutual promises contained herein, City and 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 8 Emergency Vehicle Preemption System Citywide, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's HSIP Cycle 8 Emergency Vehicle Preemption System Citywide, Project No 47026 (the "Work") 2 CONTRACT SUM. City shall pay Contractor the sum of Nine Hundred Thirty -Seven Thousand Four Hundred Eighteen Dollars ($937,418) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. The Contract Sum includes in the amount not -to exceed of $85,219 for construction contingency Construction contingency has been allocated to cover cost growth during the Project to be used at the sole discretion of City for costs resulting from City directed changes to the Work to be performed under the Contract or unforeseen site conditions and may not be spent entirely 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 Seventy -Five (75) calendar days from and after the date of City's issuance of a Notice to Proceed to Contractor 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 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 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 Bond, 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 this Contract, or 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 L:\ca\Agreements\Baker Electric & Renewables Contract.PW 3 1.FY21-0148.doc.jn processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1 5 of the Public Contract Code (commencing with Section 20104) All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor 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 L:\ca\Agreements\Baker Electric & Renewables Contract,PW 3 I.FY21-0148.doojjn IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above (SEAL) ATTEST. nne Donaldson, City Clerk CIT DS By. Paul T. Barich, Mayor (SEAL) Name of Contractor By Signature of Authorized Agent e...k4 CC Title Signature of Authorized Agent (if necessary) Title Contractor's License No. L \ca\Agreements\Baker Electric & Renewables Contract.PW 3 1.FY21 0148.doc.jn WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities & Engineering Department HSIP Cycle 8 Emergency Vehicle Preemption System Citywide Project No 47026 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 2C' day of 34..) P , 2022 --. ec- leGls—c2tc. . �ontra� (Signature) ewe S \&e L'�" / CL c (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to perforring the work of the contract ) L \ca\Agreements\Baker Electric & Renewables Contract.PW 3 1 FY21-0148.doc.in Executed in Duplicate Bond No. 9393839 Premium: $7,033.00 Premium is for Contract Term and Subject to Adjustment Based on Final Contract Price FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Baker Electric & Renewables LLC (hereinafter designated as "Principal") have entered into an agreement dated June 21, 2022 ("Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as HSIP Cycle 8 Emergency Vehicle Preemption System Citywide, Project No 47026 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 Nine Hundred Thirty -Seven Thousand Four Hundred Eighteen Dollars ($937,418) 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, but not exceeding, including other costs and damages for which Surety may be liable I \ca\Agreements\Baker Electric & Renewnbles Contract,PW-3.1.FY21-0143,doc,jn hereunder, the amount set forth above The term "balance of the Agreement pnce," as used in this paragraph, shall mean the total amount payable to the Pnncipal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Pnncipal Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations m the event of default by the Pnncipal Surety shall not utilize the Principal m completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal m default, notifies Surety of the City's objection to the Pnncipal'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 accompanymg 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 nght of any beneficiary hereunder whose claim may be unsatisfied The Pnncipal 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 17 , 2022 (SEAL) (SEAL) Baker Electric & Renewables LLC Fidelity and De sit Company of Maryland ontractor) (Surety) (Signature) Ted N Baker, President (Seal and Notarial Acknowledgment of Surety) BY (Signature) Lawrence F McMahon Attomey in Fact Address 777 S. Figueroa Street, Ste. 3900 Los Angeles, CA 90017 Telephone ( 213 ) 270-0600 L \ca\Agreements\Baker Electric & Renewables Contract.PW 3 1.FY21-0148.doc.jn ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of San Diego On June 17, 2022 before me, Maria Hallmark, Notary Public (insert name and title of the officer) personally appeared Lawrence F McMahon 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(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal (Seal) o r,, MARIA HALLMARK Notary Public California S. San Diego County Commission # 2356793 "� My Comm Expires May 9 2025 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 Lawrence F MCMAHON, Sarah MYERS, Maria GUISE, Ryan E. WARNOCK, Janice MARTIN, Tara BACON, John R. QUALIN, Maria HALLMARK of San Diego, California EACH, its trite 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 Yorlc., 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 n 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 12th day of July A.D. 2021 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 Brown Secretary State of Maryland County of Baltimore On this 12th day of July, A.D. 2021, 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. 1N TESTIMONY WHEREOF I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Conunission Expires: July 9 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 EXTRACT FROM BY LAWS OF THE COMPANIES "Article V, Section 8 Attomevs-m 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 attomey m 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 FIDELITY 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 beanng 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 l0th 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 appeanng upon a certified copy of any power of attomey 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 subscnbed my name and affixed the corporate seals of the said Compames this 17th day of June , 2022 By Brian M Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING 1'HL PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO. Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.reportsfclaims(&zunchna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator zurichna com or 410-559-8790 Executed in Duplicate LABOR AND MATERIAL BOND Bond No 9393839 Premium included in Performance Bond Whereas, the City Council of the City of Redlands, State of California, and Baker Electric & Renewables LLC (hereinafter designated as "Pnncipal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work"), which said agreement, dated June 21, 2022, and identified as HSIP Cycle 8 Emergency Vehicle Preemption System Citywide Project, Project No 47026 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, matenal 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 Nine Hundred Thirty -Seven Thousand Four Hundred Eighteen dollars ($937,418) for matenals 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 heremabove 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 Pnncipal and surety above named, on June 17 , 2022 (SEAL) (SEAL) Baker Electric & Renewables LLC Fidelity and D posit Company of Maryland Contractor) (Surety) /`�i... BY (Signature) Ted N Baker, President (Signature) Lawrence F McMahon, Attorney -in -Fact (Seal and Notarial Acknowledgement of Surety) Address 777 S. Figueroa Street, Ste. 3900 Los Angeles, CA 90017 Telephone ( 213 ) 270 0600 L \ca\Agreements\Baker Electric & Renewables Contract.PW-3 1.FY21-0148.doc.jn ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of San Diego On June 17, 2022 before me, Maria Hallmark, Notary Public (insert name and title of the officer) personally appeared Lawrence F McMahon who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signatu (Seal) Alihrfeawilimihriaariluidarilimplik.d164s.a61 MARIA HALLMARK Notary Public California Z San Diego County Commission # 2356793 My Comm Expires May 9, 2025 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 fitll force and effect on the date hereof, do hereby nominate, constitute, and appoint Lawrence F MCMAHON, Sarah MYERS, Maria GUISE, Ryan E. WARNOCK, Janice MARTIN, Tara BACON, John R. QUALIN, Maria HALLMARK of San Diego, 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 12°i day of July A.D 2021 ATTEST. ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By' Robert D. Murray Vice President OC,141,"i1.. dLOGt By Dawn E. Brown Secretary State of Maryland County of Baltimore On this 12th day of July, A.D. 2021, 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. Constance A. Dunn, Notary Public My Commission Expires: July 9 2023 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 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 authonty to execute bonds, policies recognizances stipulations, undertakings, or other like instruments on behalf of the Company, and may authonze any officer or any such attorney-m-fact to affix the corporate seal thereto and may with or without cause modify of revoke any such appomtment 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 FIDELITY 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 loth 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 appeanng upon a certified copy of any power of attomey 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 name and affixed the corporate seals of the said Companies this 17th day of June , 2022 By Brian M Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING 1'HE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO Zunch Surety Claims 1299 Zurich Way Schaumburg IL 60196-1056 www.reportsfclanns(&zunchna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvandator.zurichna.com or 410-559-8790