AGR-7099 - ROBERT CLAPPER CONSTRUCTION SERVICES INC-DBA RC CONSTRUCTION SERVICES INC - FIRE STATION 1 AND HEADQUARTER CONTRACTY R-?o``1
CONTRACT
Fire Station 1 and Headquartcr(Bid No. 2Q-21.47)]
THIS CONTRACT (the "Contx•act") is made and e itered into as of 11.25.2020
2020 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation
City"), and ROBERT CLAPPER CONSTRUCTION SERVICES, INC., a Califoinia
cotporation{"Contractor"). who agree as follows.
ARTICLE.1
Work Performed
a. For and in consideration.of the payments and agreements hereinafter mentioned, to
be made and perfonned by City, and under the conditions expressed in the two(2) bonds presented
to City with this Contract and incoiporated herein by this reference, Contractor hereby agrees to
and shall do all the work and furnish all the labor, materials, tools and ec uipment, except such as
are mentioned in the speeifications fo be furnished by City to_Contractor, necessary to complete in
good workmanship and substantial manner the work(the"Work") described in:
1) The Construction Plans for SP 407I, Fire Station 1-and Headquarters,prepared for
City by Wolff/Lang/Christopher Architects, Incoiporated approved by the "Engineer"(as ciefined
herein below) on Septembez' S, 2020, and consistirig of sheets numbered 1 through 163 inclusive
the `'Alans");
2) . The latest edition of the "City of Orange Standard Plans and Specificatiozis" (the
Orange Book'') with the term "Engineer," as used in the Orange Book and in this Con#ract, to
specifically include the City Engineer(or his/her designee);
3) The"Standard.Specifications for Public Woz ks Construction" (the "Green Book"),
and all amendments thereto;
4) The`'City of Orange Standard Special Proviszons";
5) The"Project Special Provisions";
6) The "Project Manuai";
7) 'The Geotechnical and Hazmat Report;
8) The Standard Plans; and
9) Contxactor's Bid Proposal, which is on file with City's Department of Public
Works.
b. .Contractor acknowledges that it has received the Plans fi•om City and that a
complete copy of the Plans are in its possession and are hereby specifically referred to and by such
reference made a part hereof The Orange Book, Green Book and City of Orange Standaa d Special
Provisioris and Standard Plans are on file with City'.s Public Works Director and are hereby
specifically referred to.and by such reference made a pai•t hereof. Contractor hereby acknowledges
that it has read,reviewed and understands the Plans,tke Orange Book,the Green Book,the Special
Provisions, the Standard Plans, and the Encz•oachment Permit as they relate to the Work, all of
which documents shall be referred to herein co!lectively as the"Plans and Specifications."
c. Contractor acknowledges the provisions of Chapter 8.28 of the Orange Municipal
Code which requiies, among other things, that Contractor utilize City's exclusive solid waste
hauler for the rental of bins for trash and debris removal and imposes mandatory recycling
requirements for self-hauled construction and demolition waste. The tenns and conditions set forth
in this Contract shall control over any terms and conditions in the Plans and Specifications to the
contrary..
d.: The Work shall be perfoimed in confotmity with the Plans and Specifications and
the Bid Proposal and alI applicable laws, including any and all applicable federal and state labor
laws and standards and applicable prevailing wa e requirements and any and all state, federal and
local statutes, regulations and ordinances relating .to the .protection of human health .or the
environment.
e. : Unless and until otheitivise notif ed in writing by City's Publie Works Director, City's
Principal Engineer,:Randy Nguyen, ("Authorized City Representative"), shall be the person to
whom Contractor will report for the perfoixnance of the Work hereunder. It is understood that
Contractor's performance hereunder shalf be under the direction and supervision of the Authorized
City Representative or such other person as City's Public Works Director may designate from time
to time, that Contractor shall coordinate the Work hereunder with the Authorized City
Representative to the extent required by the Authorized City Representative, an.d tha# all
performarices required .hereunder by Contractor shall be performed to the satisfaction of the
Authorized City Representative or City's Public Works Director.
f. .It is expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and Contractor's Bid Proposai, then this instrument shall
control arid nothing herein.sfiall be considered as an acceptance of the said teims of.said Bid
Proposal conflicting herewith.
ARTICLE 2
Commencemeut of Work
Contractox shall commence the Work provided for in this Contractwithin fteen(I5}days
of the date of the„issuance by City of a Notice to Proceed and diligently prosecute completion of
the Work within Four Hundred Twenty(420) calendar days from such date,unless legal extension
is granted in accordance with the tenn.s set forth in the Green Book. Time is of the essence in ihis
Contract. Contractor shall do all things necessaiy and incidental to the prosecution of Contractoi's
Work.
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ARTICLE 3
Compensation
a. Conh•actor agrees to receive and accept an amount not to exceed SEVENTEEN
MILLIOIV THREE HUNDRED TWENTY THOiJSAND EIGHT HUNDRED TWENTY-FIVE
DOLLARS and 00/100 ($17,320,825.00) unless said amount is amended by Contract Change
Order approved by the City, as compensation for furnishing all materiais and doing: a11 the Work
contemplated and embraced in this Contract. Said compensation covers (1) all loss or damage
arising out of the nature of the Work, from the acts of the elements; (2)any unforeseen difficulties
or obstructions which may arise or be encountered.in the prosecution of the Work until its
acceptance by City,other than as provided below; (3) ait risks of every description connected vith
the Work; (4) all expenses incuired by or in consequence of the suspension or discontinuance of
the Work; and (5) well and faithfully completing the Work, and for the whole thereof, in the
manner and according fo the Plans and Specifications, and requirements of the Authorized City
Representatzve under them. Retention amounts.shall be withheld from progress payments as
required by law unIess Contt•actor provides securi#ies in lieu of retention.
b. In addifion to the scheduled Work to be performed by the Contractor, the parties
recognize that additional, unforeseen work and services may be required by the Authorized City
Represeritative. In anticipation of such contingencies, the sum of ONE MILLION SEVEN
HUNDRE.D THIRTY=TWO THOUSAND EIGHTY-THREE DOLLARS and 007100
1,732,083.00} has been added to the total compensation of this Contract. The Authorized City
Representative may approve the additional work and the actual costs incurred by the Contractor in
performance_of additional work or seivzces in accordance with such amount as the Au.thorized City
Representative and the.Contractor may agree upon in advance. Said additional work or services
and the amount of compensation the'refor, up to the amount of the authorized contingency, shall
be memorialized in the form of a Contract Amendment approved by the City Manager on a fornt
acceptable:to the City Attorney. The Contractor agrees to perform only that work or those services
that are specifically requested by the Authorized City Repx•esentative. An}+and.all additional work
and services performed under this Contract shall be completed in such sequence as to assure their
completion as expeditiously as is consistent with professional skill and care in accordance with a
cost estimate or proposal submitted to and approved by the Authorized City Representative prior
to the commencement of such Work or services.
c. The total amount of compensation undec• this Contract, including contingencies; shall
not exceed NINETEEN MILLION FIFTY-TWO THOUSAND NINE HUNDRED EIGHT
DOLLARS and 00/100 ($19,052,908.00).
ARTICLE 4
Licenses
Contractor represents that it and any subcontractors it may engage, possess any and all
licenses which are required under state or federal law to perform the Work contemplated by this
Contract and that Contractor and sulicontractors shall maintain ail appropriate licenses, including
a City of Orange business license, at its cost, during the performance of this Contract.
ARTICLE 5
Guarantees
a. Contractor guarantees the conseruction and installation of all Work included in the
Plans and Specifcations for cvhich Contractor has been awarded this Contract.
b. Should any of the materiais or equipment installed pursuant to this Contract prove
defec#ive or should the Work as a whole prove defective, due to faulty equipment, workananship,
materials furnished or methods of ins#allations, or should said Worlc or any part thereof fail to
function properly,as designed,due to any of the above causes within twelve(12)months after the
date on which said Work zs accepted by City, Contractor shall make repairs and furnish such
materials and equipment as are necessary to be fiunished and installed within fifteen(15}calendar
days after the receipt of a demand from City. .
c. Said Work will be deemed defective within the meaning of this guarantee in the
event that it fails to function as ori inally intended eithe•by the Plans and Specifications of this
Contract or by the manufacturer(s)of the equipment incoiporated into the Work.
d. [n the event repairs are not made within fifteen(i5)calendar days after Contractoi•'s
receipt of a demand from City, City shall have the unqualified option to make any needed repairs
or replacements itself or by any other contractor. Contractor shall reimburse City, upon demand,
for all expenses incurred in restoring said Work to the condition contemplated in this Contract,
including the cost of any equipment or materialS replaced.
e. It is understood that emergency repairs may, by necessity, be made by City.
Therefore; when defective equipment, materials or workmanship result in emergency repairs by
City, Coniractor shall reimburse City, upon demand, fbr all expenses incurred, Emergency repairs
will be deemed as those repairs determined by City's DirecCor of Pttblic VJorks to be necessary
due to an immediate detriment to the health, safety, welfare or convenience of the residents of
City.
ARTICLE 6
Water Quality
a. The Santa Ana Regional Water Qi ality Control Board ("RWQCB"} has issued
National Pollutant Discharge Elimination System ("NPDES") Permit No. R8-2009-0030 (the
Permit"), which governs storm water and non-stoin water discharges resulting from municipal
activities per£ormed by City or its contractors. In order to comply with the Permit requirements,
the County of Oi•ange.has prepared a Drainage Area Management Plan ("DAMP"), containing
Model Maintenance Procedures with I3est Management Practices .("BMPs") that City and its
contractors must adhere to. The Model Maintenance Procedures contain pollution prevention and
source control techniques to minimize the impact of those activities upon dry-weather urban
runoff, storm water runoff, and receiving water quality. Examples include: wash water from
cleaning of sidewalks or parking lots must be collected and disposed of in the sewer or landscaped
areas.
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b. The Pennit, the DAMP and the Model Maintenance Procedures are on file in the
office of City's Director of Public Works. Contractor hereby acknowledges that.it has read,
reviewed and understands the Perrnit, the DAMP and the Model Maintenance Procedures, as they
relate to the Work and hereby shall perform the Work in conformance therewith.
ARTICLE 7
Independent Contractor;Cohtractor not Agent
a. At all times during the teim of this Contract, Contractor sliall be an independent
contractor and not an employee of City. City shall have the right to control Contractor only insofar
as the result of Contractor's services rendered p irsuant to this Contract. City shall not have the
right to control the.means by which Contractor accomplishes services rendered pursuant ta this
Contract.. Contractor shall, at its .sole cost and expense, furnish all £acilities, materials and
equipment which may be required for futnishing services pursuant to this Contract. Contractor
shall be solely responsible for,and shall indemnify,defend and save City harmless fi-om all matters
relating to the payment of its subcontractors, agents and employees, including compliance with
social security,withholding and all other wages,salaries,bene ts,faxes,exactions,and regulations
of any nature whatsoever. Conti•actor acknowledges that Contractor and any subcontractors,
agents oi employees employed by Contractor shall not, under any circumstances, be considered
employees of City, and that they shaIl not be entitled to any of the benefits or rights afforded
employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public
Employees Retirement System benefits, or health; iife, dental, long-term disability or workei•s'
compensation insurance benefits.
b. Except as City may specify in writing, Contractor shall have no authority, express
or implied, to act on behalf of City in any capacity whatsoever as ari agent. Contractor shall have
no authority, express or implied, to bind City to any obligation whatsoever.
ARTICLE 8
Pubiic Wo•k; Prevailing Wage
a. The Work which is the subject of this Contract is a "public work," as that term is
defned in Section 1720 of the California Labor Code, for which prevailing wages must be paid.
To the extent Contractor's ernpioyees wil! perform any work that falls within a y af the
classifications for which the Department of Labor Relations of the State of California promul ates
prevailing wage deteiininations, Contractor hereby agrees that Contractor, and any subcontractor
under it, shall pay not less than the specified prevailing rates of wages to all such workers. The
general prevailing wage determinations for crafts can be located on the website of the Department
of Industrial Relations (www:dir.ca.ov/DLSR). Additionally, to perform work under this
Contract, Contractor must meet a!1 State registration requirements and criteria, including project
compliance monitoring.
b.. Attached hereto as Attachment No._1 and incoiporated herein by this i•eference is a
copy of the pF ovisions of Sections 1725.5, 1771, 1771:1, i771., 1775, 1776, 1777.5, 1813 and
1815 of the Califoinia Labor Code. Contractor hereby acknowledges that it has read, reviewed
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and understands those provisions of the Labo2• Code and shall prosecute and complete the Vork
under this Contract in strict compliance with all of those terms and provisions.
c. Contractor shall sectue the payment of compensation to its employees in
accordance with the p ovisions of Section 3700 of the California Labor Code. Accordingly, and
as required by Section 1861 of the California Labor Code, Contractor hereby certifies as follows:
I am aware of the provisions of Section 3700 of fhe Labor Code which requiz•e
eveiy 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 of this contract."
d. Contractor shall indemnify,protect,defend and hold harmless City and its officers,
employees, contractors and agents, with counsel reasonably acceptable to City, from and against
any and al! loss, liability, damage, claim, cost, expense, and/or "inc•eased costs" (including
reasonable attorney's fees, court and litigation costs, and fees of expei-witnesses)which result or
arise in any way from the noncompliance by Contractor of any applicable local, state and/or federal
law, including, without Iimitation, ariy applicable federal and/or state labo- laws (including,
without 1'zmitation, the requirement to pay state prevailing wages): It is agreed by the parties that,
in connection with the construction of the V ork which is the subject of this Contract, Contractor
shall bear all risks of payment or non-payment .of state pt•evailing wages. "Increased costs" as
used in this paragraph shatl have the meaning ascribed to it in Labor Code Section 1781, as the
same may be enacted; adopted or. amended from time to time:: The foregoing indemnity shall
suivive termination of this Contract.
ARTIGLE 9
EqaaI Employment Oppoz•tunity
During the performance of this Contract, Contractor agrees as follows:
a. Contractor shall not discriminate against any employee or applicant for
employment because of race,color,religion, sex, national oi•igin,mental or physical disability, or
any other basis prohibited by applicable taw. Contractor shall ensure that applicants are employed
and that employees are treated during employment, without regard to their race, color, religion,
sex,national origin,mental or physical disability, or any other basis prohibited by applicable law.
Such actions shail include,but not be limited to the fo Io.wing: employment,upgrading,demotion
or transfer,reciuitment or recruitment advertising,layoff or termination, rates of pay or other forms
of compensation and selection for trainzng, including apprenticeship, Contractor shalI post in
conspicuous places, available to employees and applicants for employment; a notice setting forth
provisions of this non-discrimination clause.
b. Contractor shall,in all solicitations and advertisements for employees placed by,ot•
on behalf of Conta•actor, state that all qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis pz•ohibited by applicable law.
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c. Contractor shall cause the foregoing paragraphs (a) and (b} to be inserted in ail
subcontracts for any Work covered by this Contract,provided that the foregoing provisions shall
not apply to subcontracts for standard commercial supplies or raw materials.
ARTICLE 10
Contlicts of Interest
Contractor agrees that it shail not make, participate in the making, or in any way attempt
to use its position as a contractor to influence any decision of City in which Contractor knows or
has reason to know that Contractor, its officers,pai tners, or employees have a financial interest as
deftned in Section 87103 of.the Government Code. Contractor further agrees that it shall not be
eligible to work as the builder fbr any project for which the design work is part of this Contract.
ARTICLE 13
Indemnity
Contractor shall defend, indemnify and hold halnlless City and its officers, officials,
agents, and employees from and against:
a. Any and alI claims, liabilities, losses, damages, penalties, costs or expenses
including reasonabte attorneys'fees and cow-costs) which.City may directly or indirectly sustain
or suffer arising from or as a result of the death of any person or any accident, injury; loss or
damage whatsoever caused to any person or the property of any person which shall occur on or
adjacent fo the real property which is the subject of this Contract, or in eonnection with
performance of this Contract which may be directEy or indirectly caused by the acts or omissions
of Contracto or its officers, employees, contractors or agents, or as a consequence of any use,
generation, manufacfut•e, storage, disposal, release or threatened release of a hazardous waste_oz
substance. Contractor shall not be responsible for (and such indemnity shall not apply to) any
willful misconduct; negligence or breach of this Contract by City or its offtcers, officiais, agents,
and employees. The.foregoing indemnity shall survive termination of this Conh act.-
b. Any and all claims under worl ers' compensation acts and other employee beneft
acts with respect to Contractor's einployees or Contractor's subcontractor's empioyees arisin out
of Contractor's Work under this Contract, including any and ail claims under any law pertaining
to Contractor's status as an independent contractor.
ARTICLE I2
Insurance
a. Contractor shall procure and maintain for the duration of th'is Contract insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the performance of the Work hereunder and the results of that Work by Contractor, its agents,
representatives, employees or subcontractors.
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b., Contractor sha.11 maintain the folloviwing minimum amount of insurance: the greater
of either the limits set forth in(1) tlizough(4), below;or all of the insurance cov.erage and/or limits
carried by or available to Contractor.
1) General Liability 2,000,000 per occun•ence for bodzly injuiy,personal
injuiy and property damage. If
Commercial General Liability insurance
or other fonn:with a general aggregate
limit is used, either the general aggregate
limit . shall apply separately to thzs
projecdlocation or the general aggregate
Iimit shall .. be twice the required
occurrence limit.
2) Auto.mobile Liability 1,000,000 per . accident :: for bodily injury and
property darriage.
3_) .Worket s'.Compensatzon as required by the State of California.
4) Employer's Liability.1,000,000 per accident for bodily injury or disease.,
c.: Any insurance proceeds in excess of or .broader .than the minimum required
coverage and/or minimum required limits which are applicable to a given 3oss shall be available
to Gity. No representation is made that the minimum.insurance:requirements of this Contract are
s.uff cient to cover tfie obligations of Contractor under this Contract.
d. Any deductibles or.self-insured retentions must be deciared to and appraved by
City. At the option of City, eithei•: the 'insurer shall reduce or eliminate such deductibles or self-
insured retentions with respect to City, its officers, officials,.agents and employees; or Contractor . .
shall provide a firiancial.guaxantee sati:sfactory to City guaranteeing payment of losses and related
investigations,.claim administration, and.defense expenses. .
e. Eacli policy of general liability:and automotive liabitity insurarice shall contain,or
be endorsed to contain, the following provisions:
1) City, its officers, officials, agents; and employees are declared to be additional
insureds.under the terms of the policy, with respect to liability arising out of automobiles owned,
leased, hired of borrowed by or ori behalf of Contractor (any auto), and with respect to liability
az•ising out.of Work or o.peratzons performed by or on behalf of.Contractor, including materials,
parts or-equipment furnished in connection with such Work or operations. A policy endorsen ent
to that effect shall be provided to City along with the ceitificate of insurance. In lieu of an
endorsement, City will accept a copy of the policy(ies) which evidences that City is an additional
insured as_a contracting party. The minimum coverage required by SubsecCion,l2.b, above; shall
apply to City as an additional insured.
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2) For any claims related to this Contract, Contractor's insurance coverage shall be
primary insurance with respect to City;its officers,of cials,agents and employees. Any insurance
or self-insurance maintained by City, its officers, officials, agents and employees shall be excess
of Contractor's insurance and shall not contribute with it.
3) Coverage sl all not be canceleci, except after thirty (30) days' prior written notice
has been provided to City.
f.Contractor shall fumish City with original certificates of insurance and
endorsements effecting coverage required by this Article 12. The endorsements shall be on fonns
acceptable to City. All certificates and endorsements are to be received and approved by City
before the Work connmences. However, Eailure to do so shall not operate as a waiver of these
insurance requ'irements. City reserves the right to require complete, certified copies of all required
insurance policies, including endorsements effecting the coverage required by these specifications
at any time.
g. . All insurance procured and maintained_by Contractor shall be issued by insurers
adinitted to conduct the pertinent line of insurance business in California and having a rating of
Grade A or better and Class VII or bette•by the latest edition of Best Key Rating Guide.
h. Contractor shall immediately notify City if any required insurance lapses or is
othe uise modified and cease perfoimance of this Contract tinless otheiwise directed by City. Zn
such a case,City may procure insurance or self-insure the risk and charge Contractor for such costs
and any and ali damages resulting therefi•om by way of set-of fiom any sums owed Contractor.
i.Contractor agrees that in the event of Ioss due to any of the perils for which it has
agreed to provide insurance,Corttractor shall look solely to its insurance for recovery. Contractor
hereby grants.to City, on behalf of any insurer providing insurance to either Contractor or City
with respect to the services of Contractor herein, a waiver of any right to subrogation whicli any
such insurer may acquire against City by virtue of the payment of any loss under such insurance.
The Workers'. Compensation policy shal# be enc orseci'with a waiver of subrogatiori in favor of
City for all Work perfo med by Co.nt•actor, its employees,agents and subcontractors. Contractor
shall obtazn any other endorsement that may be necessary to effect this waiver of subrogation.
j.Contractor shall require and verify that a1T subcontractors maintain insui ance
meeting.all of the requirements stated herein.
ARTICLE 13
Termination
City, acting through its City Manager or his/her designee, reserves the right to tertninate
this Contract for any reason by giving five (5) t ays' written.notice of intent to terminate to
Cont•actor. Upon receipt of notice, Contractor shall immediately cease work, unless the notice
provides otherwise. Should City tei rninate this Contract, City shall pay Contractor for seivices
satisfactorily provided and all allowable reimbursements incurred to the date of teizninarion in
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compliance with this Contract,unless such termination shall be for cause,in which event City may
withhold any disputed compensation. City shall not be liable for any claim of lost profits.
ARTICLE 14
Maintenance and Inspection of Records
In accordance with generally accepted accounting principles, Contractor and its
subcontractoz•s shall maintain reasonably full and complete books, documents,papers, accounting
records and other inFormation (coIlectively, the "records") pertaining to the costs of and
completion of services performed under this Contract. During the team of this Contract and for a
period of thxee(3) years after teimination or completion of this Contract, City shall have the right
to inspect and/or audit Gontractor's records pertaining to the performance of this Contract at
Contractor's off'tce. Contractor shall make available all such records for inspection or audit at its
offices during normal business hours and upon three()days' notice from City,and copies thereof
shall be furnished if requested.
ARTTCLE 15
Compliance tivith Laws
a. Contractor shall be knowledgeable of and comply with all local, state and federal
laws pertainin;to the subject matter hereof or in any way regulating the activities undertaken by
Contractor or any subcontractor hereunder.
b. Contractor represents and wan•ants that.it:
1) Has complied and shall at all times during the term of this Contr.act comply,in all
respects, with all immigration laws, regulations, statutes, rE.iles, codes, and orders, including,
without limitation, the Immigratzon Reform and Control Act of 1986 (IRCA}; and
2) Has not and wili not knowingly employ any individual to perform services under
this Conh•act_who is ineligible to work in the United States or under the terms of this Contract; and
3) Has properly maintained, and sliall at all times during the tetm of this Contract
properly maintain, all reiated employment documentation records including, without limitation,
the completion and maintenance of the Foizn I-9 for each of Contractor's employees; and
4) Has responded, and shall at al! times during the term of this Contract respond, in a
timely fashion to any goverYunent inspection requests relating to immigration law compliance
and/or Form I-9 compliance and/or worksite enforcement by the Department of Homeland
Security, the Department of Labor, or the Social Security Administration.
c. Contractor shal l require all subcontractors and/or subconsultants to make the same
representations and wananties required by this Article 15 when hired to perfo-m services under
this Contract.
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d. Contractor shall,upon request of City,provide a list of all employees wo king under
this Contract and shall pz'ovide, to the reasonable satisfaction of City, verification that all such
employees ai•e eligible to work in the United States. All costs associated with such veii cation
shall be borne by Contractor. Once such request has been made, Contractor may not change
empIoyees working under this Contract without written notice to City, accompanied by the
verification required herein for such employees. Contractor shall require all subcontractors and/or
sub-consuttants to make the same verification when hired to perfo m services under this Contract.
e. If Contractor,or a subcontractor or subconsultant,knowingiy employs an employee
providing Work under this Contract who is not authorized to work in the United Sfates, and/or
fails to follow federal laws to determine the status o such einployee,. such shall constitute a
material 6reach af this Contract and may be cause for immediate termination of this Contract by.
City.
f Contractor shall indemnify and hold City, its officials and employees hannless for,
of and from any loss, including but not limited to fines, penalties and conective measures, City
may'sustain by reason of Contractor's fail ire to comply with said laws, rules and regulations.in
connection with the perfoixnance of this Contract.
ARTICLE 16
Governing Law and Venue
This Contract shall be construecl in accordance with and governed by the laws of the State
of Califoi ia and Contractor shall.submit to the jurisdiction of Califomia courts. Venue for any
dispute arising under this Contract shall be in Orange County, Califoinia.
ARTICLE 17
Integration and Amendment
a. This Contract constitutes the entii-e agreement of the parties. No other agreement,
oral or written,pertaining to the Work to be performed under this Contract shail be of any farce or
effect unless it is in writing and signed by both parties. Any Work performed which is inconsistent
with or in violation of the provisions of this Contract shalt not be;compensated.
b. Amendments to this Contract must be in writing and signed by both pairties. The
City Manager is authorized to execute amendments to this Contract up to the amounts specified in .
Chapter 3.08 of the Orange Municipal Code.
ARTICLE 18
Notice
Except as otherwise provided herein, all notices required under tfiis Contract shatl be in
writing and delivered personally, by e-mail, or by first class mail, postage prepaid, to each party
at the address listed below. Either party may change the notice address by notifying the otherparty
in wiiting. Notices shall be deemed received upon receipt of same or within three (3) days of
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deposit in the U.S. Mail,whichever is earliez-. Notices sent by e-mait shall be deemed received on
the date of the e-mail transmission.
CONTRACTOR" CITY"
Robert Clapper Consti uction.Services, Inc. City Of Orange
2223 N. Locust Ave: 300 E. Chapman Avenue
Rialto, Ca 92377 Orange, CA 92866-1591
Attn: Jon Wollam Attn: Randy Nguyen
Telephone: 909-829-368 8 Telephone: 714-744-553]
E-Mail: jon.wollam@rcconstruction.com E-Mail: rnguyen@cityoforange.org
ARTICLE 19
Claim ResoIution
City and Contractor agree that the claim resolution process applicable to any claint by
Contractor.in connection with the Work provided herein shal!be subject to the procedi.ues set forth
in California Public Contract Code Section 9204, attached hereto as Attachment No. 2, and
incorporated herein by this reference.
ARTICLE z0
Counterparts .
This Contract may be executed in one or more counteiparts,each of which shall be deemed
an original, but all of which together shall constitute one and the same instcvment. Signatures
transmitted via facsimile and electronic mail shall have the same effect as original signafiures.
Remainder of page intentionally left blank; signatu•es on next pageJ
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CITY"
CITY OF ORANGE, a municipal corporation
By:
Mark A. urpiny
Mayor of the City nf Orange-
CONTRACT,BONDS AND INSURANGE
APPROVED BY: ATTEST:
Mary E. Bi fng, Sr. Assistant it Attorney Pamela Co eman, City Clerk
CONTRA.CTOR"
ROBERT CLAPPER CONSTRUCTION
SERVICES, INC., a Califo riiia corporation
1Yote: SignatYcre of Cl:airnran of the By:
oard,President or Yice PresirJent is Printed Name: o ert a r
re ur.re lJ Title: 'esident
Note: S1bKQtd[l e of Secretaiy,Assistant B -
Secretary, Cl:ief Financial O ce or Print d Naine: rianne riss tte
Assistant Treasures•is also 1•equii•e J Title: Secretary
I3
CALIFORNIA 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 1
County of San Bernardino
On, `" . d d before me, Kimberly Hall,Notary Public
Date Here Insert Name and Title of the Of cer
personally appeared Robert W. Clapper and Brianne Brissette
Nome(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
KIMBERLY HALt laws of the State of California that the foregoing
COMM.#230066t paragraph is true and correct.
z 0
NOTARYPUBLtC-CALIFORNM WITNESS my hand and official seal.3AN BERNARDINO COUNTY
My Comm.Expires Aupust 8 2023
Signature
2"fl
Place Notary Seal and/or Stamp Above Signature of Notary Public
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: Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: Other:
Signer is Representing: Signer is Representing:
02019 National Notary Association
R-?o°
PREMIUM IS SUBJECT TO CHANGE BASED ON THE FINAL CONTRACT AMOUNT
I3ond Nv.6131022939
CALIFORNIA PUBLIC WORKS Premium: $109,692.00
PERFORMANCE BOND Executed in Triplicate
TO WH4M IT MAY CONCERN:
WE, Robert Clapper Construction Services,Inc.DBA R C Construction Services (CONTRACTOR) as Principal, a11d "
United States Fire Insurance Company SUR TY), a Corporation organized and existing under
the laws of tlie State of Delaware and authorized to transact business in tlie State of Cal ifornia,as
Surety, are held and firmly bound u zto the CITY OF ORANGE, hereinafter called the Obligee, in the sum of
Seventeen Million Three Hundred Twenty Thousand Eight Hundred Twenty Five&00/100 Dollars($17,azo,ers.00 for ihe payment as described hereisi,and we each of
us bind ourselves, our heirs, executors, admiilistrators, successors and assigns, jointly and severally, by this
Perfot nance.Bond.
WHER AS,ttie Principa! is required to furnish this Performance Bond to the Obligee, guaranteein the faithftil
perforn3ance of a Contract to do and perform the following woric
Bid No.20-21.07; SP-4071 Fire Station No. 1 and Headquarters
a copy of which ContracC is or may be attached l ereto, and is hereby referred to and m de a}art hereof.
THE CONDiTTON OF THE ABQVE QBLIGATION IS SUCH that if the Principal shall welf and truly
perform the work cont•acted to be perfo med uiider said Contract,then this obligation is null 1nd v id. Otherwise
this obligation shall remain in fi ll force and effiect. The Surety l ereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract, or the work to be performed thereunder, or
the specif cations accompanying tlia same shall otherwise affect the obligations on this Performance Bond, and it
does hereby waive notice of any such change,extension of time,altei•ation or addition to the tern s of the Contract
or to±Ile work or to the specifieations.
SIGNED ANll SEAL D this 19th day of November 2G%
Robert Clapper Construction Services,Inc.DBA R G Cons ction Services Uf11t2d St e Fire Insur COm 8n '
CONT C OR NA OF RE
BY: B .
SEC AR /T ASU R Irene ong AT RN. -IN- ACT ' `
BY: BY: W
Robert W.ClapperPRE CE PRESID NT APPROVED A TO RM: CI TTORN Y
NOTARY ACKNOWLEDGEM NTS ATTACHED
CALIFORNIA 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 1
Count of
San Bernardino
Y
On before me, Kimberly Hall,Notary Public
Date Here lnsert Name and Title of the Officer
personally appeared Robert W. Clapper and Brianne Brissette
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
KIMBERLY HALL
laws of the State of California that the foregoing
COMM.#2300661
paragraph is true and correct.
z ° ; , NOTARYpUBLIC-CALIFORNIA WITNESS my hand and official seal.
SAN BERNAROINp COUNTY
My Comm.Expires August 8,2023
Signature
Place Notary Seal and/or Stamp Above Signature of Notary Public
OPTIONAL
Completing this information can deter a/teration of the document or
fraudu/ent 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: Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: Other:
Signer is Representing: Signer is Representing:
02019 National Notary Association
CALIFORNIA ALL-PURPOSE ACKNOWLEDC MENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On (0 9 o beforeme, Robyn R. Kargari Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Irene Luong
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
g
r F*NF ROBYN R.KARGARI acted, executed the instrument.
a COMM.#2296844
NOTARYPUBLIC•CALIFORNIAN I certify under PENALTY OF PERJURY under the laws of
gi yr ORANGE COUNIY N the State of California that the foregoing paragraph is true
MY COMM,EXP,JULY 13,2023 and correct.
Witness my ha icial seal.
Signature
Place Notary Seal Above ignatur ary r yn R. Kargari
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporate Officer —Tltle(s):
Partner Limited General Partner Limited General
Attorney in Fact Attorney in Fact
Trustee Trustee
Guardian or Conservator Top of thumb here Guardian or Conservator Top of thumb here
Other: Other:
Signer is Representing: Signer is Representing:
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY
07626
KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the
state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint:
Yung T.Mullick,James W.Moilanen,Irene Luong,P.Austin Neff,Stephanie Hoang,Emilie George
each,its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,aclrnowledge and
deliver:Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States
Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the
regularly elected officers of UniYed States Fire Insurance Company at its principal office,in amounts or penalties not exceeding:Fifty Million
Dollars($50,000,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to
bind United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2021.
This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,
and consistent with Article III thereof,which Articles provide,in pertinent part:
Article IV,Execution of Insh-uments-Except as the Board of Directors may authorize by resolution,the Chairman of the Boazd,President,
any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation:
a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts, obligations, instruments
and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds,guarantees, undertakings,
recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages,
releases,satisfactions and agency agreements;
b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the
seal of the Corporation.
Article III, Officers, Section 3.11,.Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,
guarantees,undertakings, recognizances, stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance
issued by the Corporation may be printed,facsimile,lithographed or otherwise produced. In addition, if and as authorized by the Board of
Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile
signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be
authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the
facsimil sigizatrlre of any person or persons who shall have been such officer or officers of the Corporation,norivithstanding the fact that he
may have ceasEd to'l e such at the time when such instruments shall be issued.
IN@V;''NESS WHEREOF,liriited States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and
its coirporate seal hereunto affixed this 10'day of March,2016.
UNITED STATES FIRE INSURANCE COMPANY
Anthony R.Slimowicz,Executive Vice President
State of New Jersey}
County of Morris }
On this 10`'day of Mazch 2016,before me,a Notary public of the State of New Jersey,came the above named officer of United States Fire
Insurance Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing
instrument and affixed the seal of United States Fire Insurance Company thereto by the authoriTy of his office
SONIA SCALA
NOTARY PUBLIC OF NEW JERSEY Sonia Scala Notary Public)
MY COMMISSION EXPIRES 3/25/2024
No.2163686
I,the undersigned o icer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which
the foreboin,is a'fuil,-true and correct copy is still in force and effect and has not been revoked.
IN WITNESS WHEREOk',I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 9 hday
of November 20 20 -
UNITED STATES FIRE INSURANCE COMPANY
Peter M.Quinn,Senior Vice President
Bond No. 6131022939
Premium listed on Pertormance Bond
CALIFORNIA PUBLIC WORKS Executed in Triplicate
PAYMENT SOND
Reqtriretl fo•publrc works projects over$25,ODOJ
TO WHOM IT MAY CONCERN:
WE Robert Clapper Construction Services,Inc.DBA R C Construction Services (CONTRACTOR) as PrinCipal,
and United States Fire Insurance Company SURETY), a Corporation organized and existing under
t11e laws of the State of Delaware and authorized to traiisact business in the State of Califarnia,as
Surety, are.held and firm(y bouncf unto the CITY OF ORANGE, hereinafter called the bligee, in the sum f
Seventeen Million Three Hundred Twenty Thousand Eight Hundred Twenty Five 8 00/100 Dollars($17,320,sz5.00 for the payment as described herein,and we eac11 of
us bind ourseIves, our heirs, executors, admijiistrators, successors and assigns, jointly and severally, by this
Paymetrt Bond.
WHEREAS, tlle Principal is required to furnish tliis Payment Bond to the Obligee, guaranleeii g the
payme«t of claims of laborers, mechanics, material suppliers and any other persons, as providec! by the law iiz
connection with a Contract to do and perform the following work:
Bid No.z0-21.07;SP-4071 .irc Strtion No. 1 and Hesdquarters
a copy of which Contract is or may be attached hereto,and is hereby referred to and nade a part hereof.
THE CONDITION OF THE ABOVE OBLIGATIC?N IS SUCH that if the Principal or its
subcontractors, shall fail to pay any person named in California Civil Code § 9100, or amounts due under tlle
Unemployment lnsurance Code with respect to work or labor performed by any person named in Civil Code §
9I00, or any amounts required to be deducted, withheld, and }aid over to the Employment Development
Deparbnent from the wages of employees of tfie Principal and its subcontractors pursuant to Unemployment
Insurance Code § 13020, with respect to such work and labor, the Surety wil! pay for the same in an aggregate
amoujlt not exceeding the sum specified in this Payment Bond,and also,in case suit is brought upon this Payme t
Bond, a reasonable attorney's fee, to be fixed by the court in accordance with Civil Code § 9564.
THIS PAYMENT BOND sl ail inui•e to the benefit of any person named in Civil Code § 910 so as to
give a right of action to sach person or his/her assig zs in any suit brought upon this Payment$ond.
SIGNED AND SEALED Chis 19th day of November 20•20
Robert Cla e onstruction Service c.D A C C ruction Services United States Fire Insurance Compary..
CONT TOR AME T
I
BY: BY:
SE TAR REA RER Irene Lu ng ATT4 EY- -FAC'. `°. - .
BY: BY:
Robert W.Clapper PRE +NT/VIC PR SID NT APPROVED TO FORM: ATTORN Y
NOTARY ACKNOWLEDGEMENTS ATTACHED
CALIFORIdIA 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 1
Count of San Bernardino
Y
On I I before me, Kimberly Hall,Notary Public
Date Here Insert Name and Tit/e of the O cer
personally appeared Robert W. Clapper and Brianne Brissette
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
KIMBERLY HALL laws of the State of California that the foregoing
COMM.#2300661 Z
paragraph is true and correct.
z ° NOTARYPUBLIC-CALIFORNIA WITNESS my hand and official seal.
SAN BERNARDINO COUNTY -'
My Comm.Expir s August 9,2023
Signature
P/ace Notary Seal and/or Stamp Above Signature f Notpry Public
OPTIONAL
Completing this information can deter a/teration of the document or
fraudu/ent 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: Signer's Name:
Corporate Officer—Title(s): Corporate Officer—Title(s):
Partner— Limited General Partner— Limited General
Individual Attorney in Fact Individual Attorney in Fact
Trustee Guardian or Conservator Trustee Guardian or Conservator
Other: Other:
Signer is Representing: Signer is Representing:
02019 National Notary Association
CALIFORNIA i4LL-PIJRPOSE ACFfNOWLEDGMENT
A notary public or other o cer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
County of Orange
On fl' 2 before me, Robyn R. Kargari Notary Public,
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Irene Luong
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/sheJthey
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)
F*
NF
A
ROBYN R.KARGARI acted, executed the instrument.
Q COMM.#2296844
a NOTARYPUBLIC•CALIFORNIA I certify under PENALTY OF PERJURY under the laws of
C
s ' *
ORANGE COUNTY N the State of California that the foregoing paragraph is true
MY COMt,EXP,JULY 13,2023 and correct.
Witness my h official s .
Signatur
Place Notary Seal Above Sign e o otary ublic Robyn R. Kargari
o rioNa
Though the information below is not required by law it may prove valuable to persons relying on the document
and could prevent fraudulent removal anc reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
Individual Individual
Corporate Officer—Title(s): Corporate Officer —Title(s):
Partner Limited General Partner Limited General
Attorney in Fact Attorney in Fact
Trustee Trustee
Guardian or Conservator Top of thumb here Guardian or Conservator Top of thumb here
Other: Other:
Signer is Representing: Signer is Representing:
POWER OF ATTORNEY
UNITED STATES FIRE INSURANCE COMPANY
PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY
07626
KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the
state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint:
Yung T.Mullick,James W.Moilanen,Irene Luong,P.Austin Neff,Stephanie Hoang,Emilie George
each,its true and lawful Attorney(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and
deliver:Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States
Fire Insurance Company thereby as fully,and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the
regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties not exceeding:Fifty Million
Dollars($50,000,000).
This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to
bind United States Fire Insurance Company except in the manner and to the extent therein stated.
This Power of Attorney revokes all previous Powers of Attomey issued on behalf of the Attorneys-In-Fact named above and expires on January 31,2021.
This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect,
and consistent with Article III thereof,which Articles provide,in pertinent part:
Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,
any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation:
a) to execute,affix the corporate seal manually or by facsimile to,acknowledge, verify and deliver any contracts, obligations, instruments
and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings,
recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages,
releases,satisfactions and agency agreements;
b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the
sea]of the Corporation.
Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds,
guarantees,undertakings, recognizances, stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance
issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition,if and as authorized by the Boazd of
Directors, dividend wanants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile
signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be
autharized,to;sigu such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the
facsi iile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he
may have ceased tabe such at the time when such instruments shall be issued.
W WITNESS WH REOF,ih ited States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and
its corporate seal hereunto affixe this]0`'day of March,2016.
UNITED STATES FIRE INSURANCE COMPANY
0,
Anthony R.Slimowicz,Executive Vice President
State ofNew Jersey}
County of Morris }
On this 10''day of Mazch 2016,before me,a Notary public of the State of New Jersey,came the above named officer of United States Fire
Insurance Company,to me personally known to be the individual and of icer described herein,and acknowledged that he executed the foregoing
instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office
SONIA SCALA
NOTARY PUBLIC OF NEW JERSEY Sonia Scala Notary Public)
h14 C JMI1 tISSION EXPIRES 3/25/2024
Nc.2163686
I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which
the foregoing is a full,true and conect copy is still in force and effect and has not been revoked.
IN VJiTNES WI EREOF,T Fa.ve hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the hday
of November . 20 20 ,
UNITED STATES FIRE INSURANCE COMPANY
a_ _
J H
Peter M.Quinn,Senior Vice President