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HomeMy WebLinkAboutPW ADA DOJ Curb Ramps 2016-17City of San Rafael ♦ California Form of Contract Agreement for ADA -DOJ Curb Ramps 2016-2017 This Agreement is made and entered into this J2 qday of d4ie4+ 2017 by and between the City of San Rafael (hereinafter called City) and Quimu Contracting, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1- Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work described in the specifications for the project entitled: ADA -DOJ Curb Ramps 2016-2017, City Project No. 11297, all in accordance with the requirements and provisions of the "Specifications and Contract Documents for ADA/DOJ Curb Ramps 2016/2017" dated January 2017, which are hereby made a part of this Agreement. The liability insurance provided to City by Contractor under this contract shall be primary and excess of any other insurance available to the City. II- Time of Completion (a) The work to be performed under this Contract shall be commenced within Five (5) Workina Days after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed, including all punchlist work, within Fortv (40) Working Days and with such extensions of time as are provided for in the General Provisions. III - Liquidated Damages It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $1,900 for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. IV - The Contract Sum The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. ITEM DESCRIPTION 1. Mobilization 2. Signs and Traffic Control 3. Clearing and Grubbing 4. Minor Concrete — Minor Structures a. Type A Curb and Gutter b. 4" PCC Sidewalk c. Curb Ramp — Case A ESTIMATED UNIT UNIT TOTAL PRICE QUANTITY PRICE 1 LS @ $5,000.00 = $5,000.00 1 LS @ $20,000.00 = $20,000.00 1 LS a $20,000.00 = $20,000.00 430 LF a $35.00 = $15,050.00 1,100 SF @ $15.00 = $16,500.00 EA @ $6,500.00 = $13,000.00 AGREEMENT -1 ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL PRICE d. Curb Ramp — Case B 3 EA @ $6,500.00 = $19,500.00 e. Curb Ramp — Case C 6 EA a $6,000.00 = $36,000.00 f. Curb Ramp — Case D 1 EA @ $6,000.00 = $6,000.00 g. New Type E Catch Basin 2 EA @ $3,500.00 = $7,000.00 h. New Type A Manhole 1 EA @ $7,500.00 = $7,500.00 i. Under Sidewalk Drain 2 EA @ $1,000.00 = $2,000.00 5. Hot Mix Asphalt 55 TON @ $200.00 = $11,000.00 6. Storm Drain Pipe (12" PVC SDR 26) 14 LF @ $150.00 = $2,100.00 7. Pavement Striping and Markings a. Pavement Markings 110 LF @ $15.00 — $1,650.00 b. Red Curb 15 SF @ $25.00 -_ $375.00 GRAND TOTAL BID $182,675.00 V - Progress Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) Final payment of all moneys due shall be made within 15 days after the expiration of 35 days following the filing of the notice of completion and acceptance of the work by the Public Works Department. (d) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VI - Acceptance and Final Payment (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City within 15 days after the expiration of 35 days following the date of recordation of said Notice of Completion. (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. AGREEMENT -2 (c) Contractor shall provide a "Defective Material and Workmanship Bond" for 50% of the Contract Price, before the final payment will be made. (d) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. (e) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the City Engineer so certifies, the City shall, upon certificate of the City Engineer, and without terminating the Contract, make payment of the balance due for that portion of the work fully completed and accepted. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. VII - Assignment of Warranties; Waiver of Subrogation (a) Contractor hereby assigns to City all warranties, guarantees, or similar benefits such as insurance, provided by or reasonably obtainable from the manufacturers or suppliers of equipment, material or fixtures that Contractor has installed or provided in connection with the work performed under this Agreement. (b) Contractor hereby agrees to waive and arrange by contract for its subcontractors to waive any subrogation rights which any insurer of Contractor or its subcontractors might otherwise acquire in connection with the insurer's payment to Contractor or its subcontractors of any insured loss with respect to work performed under this Agreement. Contractor further agrees to obtain and to arrange for its subcontractors to obtain for City's benefit any endorsements from insurers that may be necessary to effect such waiver of subrogation. Specifically, any worker's compensation insurance policies of the Contractor or its subcontractors shall be endorsed with a waiver of subrogation in favor of City for any work performed by Contractor or its subcontractors under this Agreement, and copies of such endorsements shall be provided to City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. ATTEST: CITY OF SAN RAFAEL: Esther C. Beirne City Clerk APPROVED AS TO FORM: r -L.4A- -a - 14 �k Rob Epstein City Attorney Jil4an Ciger Quimu Contracting, Inc.: MA ;1 J Printed Ikard: Title: Q Z'. Quimu Contracting, Inc.: Printed Name: Title: AGREEMENT -3 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Stephanie Gindlesperger Extension: 3454 Contractor Name: Quimu Contracting, Inc. Contractor's Contact: Miguel Quiroz Contact's Email: quimu@sbcglobal.net ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE I DESCRIPTION COMPLETED REVIEWER I CONTINUE ROUTING PROCESS WITH HARD COPY DEPARTMENT J DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 2/13/2017 ® SG 6 City Attorney Review and approve hard copy of signed 2/13/2017 Q agreement b. Email contract (in Word) & attachments to City N� ® SG Review and approve insurance in PINS and , and 3 Atty c/o Laraine.Gittens@cityofsanrafael.org bonds (for (for Public Works Contracts) 2 City Attorney a. Review, revise, and comment on draft agreement 2/14/2017 ® LAG 9 City Clerk and return to Project Manager 2/14/2017 ® LAG forwards copies to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward at least two originals of final agreement to 2/14/2017 Z SG contractor for their signature 4 Project Manager When necessary, * contractor -sinned agreement ❑ N/A agendized for Council approval ® SG *PSA > $20,000; or Purchase > $35,000; or Or Public Works Contract > $125,000 Date of Council approval 3/6/2017 PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 I Project Manager Forward signed original agreements to City 3/2/2017 ® SG Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed 311 Q agreement j N� 7 City Attorney Review and approve insurance in PINS and , and 3 bonds (for (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official l 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager ISSUED IN TRIPLICATE - ONE OF THREE ORIGINALS RLI ® Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 performance Bond P.O. Box 3967 Peoria, IL 61612-3967 Phone: 309-692-1000 Fax: 309-683-1610 Bond Number: CS130015759 Premium: $ 3,740.00 Know All Persons By These Presents, That we Quimu Contractino. Inc. called the Principal, and Contractors Bonding and Insurance Company , an Illinois corporation, called the Surety, are held and firmly bound unto, Citv of San Rafael, Dept. of Public Works, 111 Morphew Street. San Rafael, CA 94901 called the Obligee, in the sum of One hundred eighty two thousand six hundred seventv five & NO/100ths Dollars ($182,675.00 ) for the payment whereof said Principal and Surety bind themselves firmly by these presents. Whereas, the Principal has entered into a contract with the Obligee, dated March 6, 2017 ADA/DOJ Curb Ramps 2016/2017 - City PrqLect No. 11297 , for ("Contract"). Now, Therefore, the condition of this obligation is such that if the Principal shall promptly and faithfully perform the construction work to be done under the Contract and shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used, consumed or incorporated in the performance of the Contract, then this obligation shall be null and void; otherwise to remain in full force and effect. Whenever Principal shall be, and be declared by Obligee to be in default under the Contract for failing to perform the construction work, the Obligee having performed Obligee's obligations thereunder, Surety shall, within a reasonable time: 1. Upon entering into an acceptable takeover agreement with the Obligee, undertake to perform and complete the construction work to be done under the Contract; or 2. Obtain bids or negotiated proposals from qualified contractors for completion of the construction work to be done under the Contract, and arrange for a contract to be prepared for execution by the Obligee and the contractor, to be secured with performance and payment bonds executed by a qualified surety; or 3. Waive its right to perform and complete, arrange for completion, or obtain a new contractor. 4. The Contract balance, as defined below, shall be credited against the reasonable cost of completing the construction work to be performed under the Contract. If completed by the Obligee pursuant to paragraphs 2 or 3 above, and the reasonable cost exceeds the Contract balance, the Surety shall pay to the Obligee such excess, but in no event shall the aggregate liability of the Surety exceed the amount of this bond. If the Surety completes the work pursuant to paragraph 1 above, that portion of the Contract balance as may be required to complete the construction work to be done under the Contract and to reimburse the Surety for its outlays shall be paid to the Surety at the times and in the manner as said sums would have been payable to Principal had there been no default under the Contract; provided, however, that to the extent that the Surety's outlays exceed the balance of the Contract price paid to Surety by Obligee, the Surety shall be entitled to a dollar for dollar reduction of its liability under this bond, and the Surety's aggregate liability shall not exceed the penal sum of this bond. The term "Contract balance," as used in the paragraph, shall mean the total amount payable by Obligee under the Contract and any amendments thereto, less the amounts heretofore properly paid by Obligee under the Contract. The term "construction work" as used herein shall mean the providing by the Principal of all labor and/or material necessary to complete the Principal's scope of work under the Contract. Notwithstanding any language in the Contract to the contrary, the Surety shall not be liable to the Obligee or others for obligations of the Principal that are unrelated to the performance of the construction work under the Contract, and the Contract balance shall not be reduced or set off on account of any such unrelated obligations, nor for any related obligations that would not be covered under this bond. 5. Any suit by the Obligee under this bond must be instituted before the earlier of: (a) the expiration of one year from the date of substantial completion of the work, or (b) one year after the Principal ceased performing the construction work under the Contract. If this bond is provided to comply with public works bond statutes in the location where the construction work is being performed, and the public works bond statutes contain a statute of limitations for suits on the performance bond, then the limitation period set forth herein shall be read out of this bond and the statute of limitation set forth in the public works bond statutes shall be read into this bond. If the limitation set forth in this bond is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Page 1 of 2 C0067_CBIC BNDPER.01-USO40112 6. No suit or action shall be commenced hereunder other than in a court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. This bond shall not be liable for any liability of the Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. No right of action shall accrue on this bond to or for the use of any person other than the named Obligee. 8. If this bond is provided to comply with a statutory or other legal requirement for performing construction contracts for public owners in the location where the construction work is being performed, all provisions in the bond which are in addition to or differ from those statutory or legal requirements shall be read out of this bond, and all pertinent statutes and other legal requirements shall be read into the bond. Signed and sealed this 7th day of March Quimu Contracting, Inc. (Principal's name) By: Miguelu toz, en Its: VfW'.ke,.k Page 2 of 2 2017 Contractors Bonding and Insurance Company By. > Jocelyn Y. Quirt ,Attorney- in -fact C0067_CBIC BNDPER.01-US040112 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 Calaveras On March 7, 2017 before me, K. B. Simon, Notary Public (insert name and title of the officer) personally appeared Jocelyn Y. Quirt 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. SignaturewJ (Seal) K. B. SIMON / Commission # 2026959 Notary Public - California z Z Z ' Marin County Z TM' My Comm. Exp res Jun 28,.2 ' 8,2' +�P� .. ISSUED IN TRIPLICATE — ONE OF THREE ORIGINALS RLI a Contractors Bonding and Insurance Company Payment Bond P.O. Box 3967 Peoria, IL 61612-3967 Phone: 309-692-1000 Fax: 309-683-1610 (Public Work) Bond Number- CS130015759 Premium: Incl. on attached Performance Bond KNOW ALL BY THESE PRESENTS, That we, Quimu Contracting, Inc. , called the Principal, and Contractors Bonding and Insurance Company an Illinois corporation, called the Surety, are held and firmly bound unto city of San Rafael, Dept. of Public Works, 111 Morphew Street, San Rafael, CA 94901 called the Obligee, in the sum of One hundred eighty two thousand six hundred seventy five & NOM 00ths Dollars ($ 182,675.00 ) for the payment whereof said Principal and Surety bind themselves by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated March 6, 2017 for ADA/DOJ Curb Ramps 2016/2017 - City Project NO. 11297 ("Contract"). NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all Claimants as hereinafter defined for all labor and material used, consumed or incorporated in the performance of the construction work under the Contract, then this obligation shall be void; otherwise to remain in full force and effect, subject, however, to the following conditions: 1. A Claimant is defined as one other than the Obligee having a contract with the Principal or with a direct subcontractor of the Principal to supply labor and/or materials and said labor and/or materials are actually used, consumed or incorporated in the performance of the construction work under the Contract. 2. The above-named Principal and Surety hereby jointly and severally agree with the Obligee that every Claimant as herein defined who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such Claimant's work or labor was done or performed or materials were furnished by such Claimant, may bring suit on this bond, prosecute the suit to final judgment for the amount due under Claimant's contract for the labor and/or materials supplied by the Claimant which were used, consumed or incorporated in the performance of the work, and have execution thereon; provided, however, that a Claimant having a direct contractual relationship with a subcontractor of the Principal shall have a right of action on this bond only if said Claimant notifies the Surety in writing of its claim within ninety (90) days from the date on which said Claimant did or performed the last labor and/or materials for which the claim is made. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: a. After the expiration of the earlier of (1) one year after the day on which the Claimant last supplied the labor and/or materials for which the claim is made; or (2) the limitation period set forth in the public works bond statutes, if any, in the location where the construction work is being performed. Any limitation contained in this bond, which is prohibited by any law controlling in the state where the suit is filed, shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by the law of that state; and b. Other than in a state court of competent jurisdiction in the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. The Surety's liability hereunder is limited, singly, or in the aggregate, to the penal sum of the bond set forth herein. Signed and sealed this 7th day of March Quimu Contracting, Inc. By: Princi at igue Quiroz. President 2017 Contractors Bonding and Insurance Company Jocelyn Y. Quirt ,Attorney-in-fact C0066 C51C BndPayPW.01-040112 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 Calaveras On March 7, 2017 before me, K. B. Simon, Notary Public (insert name and title of the officer) personally appeared Jocelyn Y. Quirt 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. MON '' "`'r commission K B. SIMON 202ssss f Zw, Notary Public - California z Marin County (jJ My Comm. Expires Jun 28, 2017 Signature �� (Seal) ,. .... �.r� ISSUED IN TRIPLICATE — ONE OF THREE ORIGINALS RL' ® Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 P.O. Box 3967 Peoria, IL 61612 Phone: (309)692-1000 Fax: (309)683-1610 KNOW ALL MEN BY THESE PRESENTS; That We, of MAINTENANCE BOND Ouimu Contractine. Inc. P.O. Box 1177 Dixon. CA 95620 Bond No. CSB0015759 (hereinafter called the "Principal"), as Principal, and Contractors Bonding and Insurance Comnanv , of Peoria , Illinois as Surety, an Illinois corporation duly licensed to transact business in the State of California (hereinafter called the "Surety"), as Surety, are held and firmly bound unto Citv of San Rafael 111 Mornhew Street. Rafael. CA 94901 (hereinafter called the Obligee), in the sum of Fiahteen thousand two hundred sixty seven & 501100ths ------------------------ Dollars ( 18.267.50 ), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals and dated this 7th day of March , 2017 WHEREAS, the said Principal has heretofore entered into a contract with said Obligee dated March 6. 2017 for ADA/DOJ Curb Ramps 2016-2017: City Prpiect No. 11297 and; WHEREAS, the said Principal is required to guarantee the item/work installed under said contract, against defects in materials or workmanship which may develop during the period beginning on the TBD day of and ending the TRD day of , In no event shall losses paid under this bond aggregate more than the amount of the bond. NOW, THEREFORE, THE CONDITION OF THIS BOND IS SUCH, that if said Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice, repair and make good at its own expense any and all defects in materials or workmanship in the said work which may develop during the period specified above or shall pay over, make good and reimburse to the said Obligee all direct loss and damage which said Obligee may sustain by reason of failure or default of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. Ouimu Contracting, Inc Principal BV: Contractors Bonding and Insurance Com„panv By: ,c 00040004-50,0 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 Calaveras On March 7, 2017 before me, K. B. Simon, Notary Public (insert name and title of the officer) personally appeared Jocelyn Y. Quirt 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. :r �- K. B. SIMON � :k ;•.ti Commission # 2026959 Z Notary Public - California z 2l'"s=`"' i' D Marin County My Comm. Expires Jun 28, 2017 Signature `s (Seal) RLI ®cis an RLI Company 9025 N. Lindbergh Dr.' Peoria, IL 61615 Phone: (800)645-2402 Fax: (309)689 2036 Know All Men by These Presents: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of RLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Jocelvn Y. Ouirt in the City of Vallev Snrines . State of California . as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million Dollars ( $10.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon this Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of the Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Corporation. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 6th day of Februarv, 2015. AND 'Are ONO;pG • G'''. ": �J96NNCec •0 x`co PPOR '.92 CP pPOR SEAL1_ SEAL ZOJ., •'• State of Illinois, ..... • • ~� •Il • • • �IL ONS SS LIN015 IN ` .„ ......, County of Peoria JJ ............ On this 6th day of February 2015 before me, a Notary Public, personally appeared Rov C. Die who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed of said corporation. M. Bockler Notary Public "OFFICIAL SEAL" JACQUELINE M. BOCKLER COMMISSION EXPIRES 01114118 RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die x Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company, and/or Contractors Bonding and Insurance Company, each Illinois corporations, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 7th day of March 2017_ RLI Insurance Company Contractors Bonding and Insurance Company Roy C. Die t Vice President ..... .......................... 0475111020212 A0059115