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HomeMy WebLinkAboutHabitat Restoration Sciences Inc; 2016-12-28; PKRC601CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/0 # 1 Project: PKRC601, Erosion Repairs at The Crossings Golf Course Date Routed : Reasons for changes: Project Manager Parks Services Manager Parks & Recreation Director Finance Director'R).-\. City Clerk Item 1: The City was unable to provide an operator and a skid steer at the fill material load site as originally planned. Therefore, Habitat Restoration Sciences, Inc. provided these services which was outside the original scope of work. COST ACCOUNTING SUMMARY: Original contract amount $29,750.00 Total amount this C/0 $1 ,980.00 Total amount of pre\Aous C/O's $0.00 Total C/O's to date $1,980.00 New Contract Amount $31,730.00 Total C/O's as % of original contract 6.66% Contingency amount encumbered $0.00 Contingency increase I decrease $0.00 Contingency Subtotal $0.00 Total C/O's to date $1,980.00 Contingency balance -$1,980.00 Note: this ceo will be encumbered to the PO once fully executed. Project: PKRC601, Erosion Repairs at The Crossings Golf Course Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: PKRC601, Erosion Repairs at The Crossings Golf Course CONTRACT NO. PKRC601 ACCOUNT NO. 0014610-7550 CONTRACTOR: Habitat Restoration Sciences. Inc. ADDRESS: 1217 Distribution Way Vista. CA 92081 P.O. NO. P133282 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. Pursuant to the Standard Specifications for Public Works Construction, perform the following: Item 1 : Increase to contract cost. ........................................................... $1,980.00 TOTAL INCREASE TO CONTRACT COST .............................................. $1 ,980.00 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY ZERO WORKING DAYS AS A RESULT OF THIS CHANGE ORDER. Project: PKRC601, Erosion Repairs at The Crossings Golf Course Change Order No. 1 RECOMMENDED BY: APPROVED BY: ~/~~-1-17 CONTRACTOR (DATE) ~ ..3/!1/11 FINANCE DIRECTOR (DATE) February 24, 2017 Kyle Lancaster City of Carlsbad 799 Pine A venue, Suite 200 Carlsbad, CA 92008-1949 Subject: Proposal for Additional Work at the Crossings Slope Repair Dear Mr. Lancaster, 2224-01 Habitat Restoration Sciences, Inc. (HRS) is pleased to present the City of Carlsbad with this proposal to provide additional work at the Crossings slope repair. The scope of services is based work that was performed outside of the original scope of work. Task 1-Additional Work-Operator and Equipment at load site HRS provided an operator and a CAT skidsteer at the site where fill material was being provided. Initially the City was planning to load the HRS trucks coming for the fill material; however, when the location for fill material changed, the City was not able to provide this service. This proposal covers the cost of the operator and equipment which were utilized for 2 work days as detailed below. Billing rates: CAT 279-$450/day (daily rate-includes fuel costs and mobilization) Operator-$135/hour Staff and equipment at load site on 1-3-17: CAT 279 utilized for full day -$450 Operator for 4 hours at $135/hour-$540 Total= $990 Staff and equipment at load site on 1-4-17: CAT 279 utilized for full day -$450 Operator for 4 hours at $135/hour -$540 Total= $990 ITEM UNIT QTY NO. Description 1 LS 1 Operator and Equipment at Load Site for 2 days TOTAL Price $1,980.00 $1,980.00 '< r);J . \ ~ ;~,: .j. '<:"J .l Mr. Kyle Lancaster Proposal for Additional Work at the Crossings Slope Repair All fees will be billed on a fixed fee basis and invoiced monthly up to and not to exceed the above total. The total above would not be exceeded without client approval. Additional services required beyond this scope of work would need to be negotiated between HRS and the client accordingly. Assumptions: HRS assumes all equipment will access the work area from College Blvd. HRS assumes State Prevailing Wages apply. HRS assumes the City will provide a water source to fill the water truck for dust control and soil moisture. Exclusions: This proposal does not include permit fees, electrical fees, hazardous materials removal, coring, boring, or rock breaking. This proposal does not include creation of SWPPP plans. This proposal does not include any long-term maintenance or monitoring. This proposal does not include any street sweeping. Thank you for the opportunity to bid on this work for the City of Carlsbad. This cost estimate is good for 30 days from the date on the proposal. If you have any questions regarding this scope of work, you can contact Kyle Matthews at (760) 310-4512 or kmatthews@hrs.dudek.com or me at (760) 519-7230 or mgirard@hrs.dudek.com. Sincerely, HABITAT RESTORATION SCIENCES, INC. , President & Co-Founder Habitat Re#;toration Contractor A, C-27 dcense # 842661 2 2224-01 February 2017 Tracking#: CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT EROSION REPAIRS AT THE CROSSINGS GOLF COURSE; CONT. NO. PKRC601 This agreement is made on the QZ 3 ttJ day of £; Q (' QI-oivz-<"-= , 20 &: by the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Habitat Restoration Sciences, Inc. whose principal place of business is 1217 Distribution Way, Vista, CA 92081 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor's proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by: Kyle Lancaster (City Project Manager) WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 41 04 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. EROSION REPAIRS FOR THE CROSSINGS GOLF COURSE; CONT. NO. PKRC601 Page 1 of 8 City Attorney Approved 9/27/2016 Tracking#: FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ~~ Print Name: ((,),ec .f !l/A #-b(Jtc.f REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers' Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X''; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than ........ $1 ,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ....... $1,000,000 Property damage insurance in an amount of not less than ........ $1 ,000,000 Automobile Liability Insurance in the amount of $1 ,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non- scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. EROSION REPAIRS FOR THE CROSSINGS GOLF COURSE; CONT. NO. PKRC601 Page 2 of 8 City Attorney Approved 9/27/2016 Tracking#: INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within 5 working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within 1 0 working days after receipt of Notice to Proceed. CONTRACTOR'S INFORMATION. Habitat Restoration Sciences, Inc. (name of Contractor) 842661 (Contractor's license number) A, C-27, 7/31/2018 (license class. and exp. date) 1000003125 (DIR registration number) 6/30/2017 (DIR registration exp. date) II II II II II EROSION REPAIRS FOR THE CROSSINGS GOLF COURSE; CONT. NO. PKRC601 1217 Distribution Way (street address) Vista, CA 92081 (city/state/zip) 760-4 79-421 0 (telephone no.) 760-4 79-4190 (fax no.) mgirard@hrs.dudek.com (e-mail address) Page 3 of 8 City Attorney Approved 9/27/2016 Tracking#: AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CITY OF CARLSBAD, a municipal corporation of the State of California By: n , · eputy City Manager or partment Director as authorized by the City Manager By: rint name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. !f...E. corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: -'--~.:..;::~;;;_~_~_:£:_~_'4!!!._~---­ ~~t City Attorney EROSION REPAIRS FOR THE CROSSINGS GOLF COURSE; CONT NO. PKRC601 Page 4 of 8 City Attorney Approved 9/27/2016 Tracking#: EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each sub-contractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each sub-contractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a sub-contractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 41 00 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Portion of Project to Business Name and Address DIR Registration License No., %of be Subcontracted No. Classification & Total Expiration Date Contract Traffic Control Cecilia's Safety Service 1000012757 #787634 26% 1358 LA MIRADA DR C31, C61/D42 SAN MARCOS CA 92078 11/30/2018 Total% Subcontracted: __;2;;;...;;6c..:..o/c.;;...o ___ _ The Contractor must perform no less than fifty percent (50%) of the work with its own forces. EROSION REPAIRS FOR THE CROSSINGS GOLF COURSE; CONT. NO. PKRC601 Page 5 of 8 City Attorney Approved 9/27/2016 Tracking#: EXHIBIT B SCOPE OF SERVICES Habitat Restoration Sciences, Inc. (HRS) will repair and replant a slope adjacent to The Crossings Golf Course retention lake that recently suffered severe erosion caused by a malfunctioning automatic shut-off valve to the inlet pipe. Erosion Repairs: HRS will compact all eroded areas along the slope where the overflow occurred. HRS will install fill material in lifts with proper compaction until the eroded area matches the existing grade on all sides. All fill material and equipment/operator at the load site will be provided by the City. HRS will provide the hauling and unloading of the fill material. HRS will procure a traffic control permit and provide all required traffic control which will include a single lane and bike lane closure while performing the repairs. Upon completion of grading work, HRS will install biowattles across the length of the work area at 1 0' intervals down the slope. The work area will be hydroseeded with a native erosion control mix prescribed by the City. The hydroseed slurry will be BFM applied at 2,500 lbs/acre with the appropriate seed mix. All fees will be billed one time, at the end of the project. Agreement amount shall not exceed twenty-nine thousand seven hundred and fifty dollars ($29,750.00), without additional authorization. Assumptions: • Work area will be accessed from College Blvd. • Areas will be dry enough for equipment access • City will provide a water source to fill the water truck for dust control and soil moisture Exclusions: • Permit fees, other than for Right of Way Permit • Hazardous materials removal • Coring, boring or rock breaking • SWPPP plans creation • Long-term maintenance or monitoring • Mechanical street sweeping EROSION REPAIRS FOR THE CROSSINGS GOLF COURSE; CONT. NO. PKRC601 Page 6 of 8 City Attorney Approved 9/27/2016 EXHIBITC LABOR AND MATERIALS BOND Tracking#: Bond No. 0712207 Premium: $276.00 WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Habitat Restoration Sciences, Inc. (hereinafter designated as the "Principal"), a Contract for: EROSION REPAIRS AT THE CROSSINGS GOLF COURSE CONTRACT NO. PKRC601 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, Habitat Restoration Sciences, Inc., as Principal, (hereinafter designated as the "Contractor"), and International Fidelity Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of twenty-nine thousand seven hundred and fifty dollars ($29,750.00), said sum being an amount equal to: One hundred percent (1 00%) of the total amount payable under the terms of the Contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. EROSION REPAIRS FOR THE CROSSINGS GOLF COURSE; CONT. NO. PKRC601 Page 7 of 8 City Attorney Approved 9/27/2016 Tracking#: In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ------ day of December '20J..§__. CONTRACTOR: Habitat Restoration Sciences Inc. By: -...... ~~( ..... tit:::::..le'-a-n__,d/i"-o ...... ~-'-;-n....,i~.e.~'-ti-on~of~s.:;;.~.....:::a=-y-)---­ (sign here) eo~ ~IL m~trhcws {i;?;At name here) Se ~~~ ~n~~io~ of ~1ry) Executed by SURETY this ---'1-"-St;;..;..h ___ day of December '20__!L. SURETY: International Fidelity Insurance Company (name of Surety) 2400 E. Katella Ave., Suite 250, Anaheim, CA 92806 (address of Surety) 714-602-9170 By ~burety) (s1gnature of Attorney-In-Fact) Tara Bacon (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Allor~ By: Deputy City Attorney EROSION REPAIRS FOR THE CROSSINGS GOLF COURSE; CONT. NO. PKRC601 Page 8 of 8 SEE NOTARY '.ITACHMENT City Attorney Approved 9/27/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego on December 15, 2016 before me, Diana Kai Murphy, Notary Public (insert name and title of the officer) personally appeared __ T_a_r_a_B_a_c_o_n ___________ ---:---------:-:--- 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. (Seal) ·:~:~: ·:::: :-;:_ ·~·; . . . . r~i w?~f62·F.72o.·.ti · . .. ·. Pb~~~,d~AT~B~~f:y. INTERNATIONALFIDELITYlNSlJRANCECQMPANY ALLEGHENY CASUALTY COMPANY . . ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUAL TV COMPANY a corporation organized and existing under the laws of the State of New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint JOHN R. QUALIN, KYLE KING, TARA BACON, DALE HARSHAW, BRAD ORR, MINNA HUOVILA, GEOFFREY SHELTON San Diego, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory 10 the nature thereof, which are or may be allowed, required or permittat.! by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument{s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAl TV COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority. of the By-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TV COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board ofDirectors of ALLEGHENY CASUAL TV COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, ana to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of Indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointrnenfs of joint-control custoaians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY haveeach executed and attested these presents on this 31st day of December, 2015. STATE OF NEW JERSEY County of Essex ROBERT W. MINSTER Chief Executive Officer (International Fidelity Insurance Company) and President (AIIegfleny Casualty Company) · On this 31st day of December 2015, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TV COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Apri116, 2019 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL TV COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this 15th day of December, 2016 ~tf!~~ ~~lJ\ e~~O.f.~st~tantsee~e~~ •• • ..• >· CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of .5-:r.o 72/~CJO C/ On DflC!{?;n/Jer / ~?o~ before me, Date personally appeared ----------L-~__!____!!£._..:......;~q._-------------- 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. MARIE SARAH BOWEN .. ;?' ... ,. ; Notary Public -California z :.! ; •,.; -: San Diego County ~ ~ · ·· . • Commission# 2156260 ~ l. ~-·~ ·; 0 4Mt so~~· tx~r:s zug \1 }~2~1 Place Notary Sea/ Above l 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. Signatured&r~/ Signature of Notary Public ----------------------------OPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docyment . . . , 1 /31J/!d . / I Title or Type of Document: &biJICl/?d f'I/II/I?Jiq 1"5 Document Date: /7 I lo 1?~/b ~I Number of Pages: Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): _____ _ 0 Partner - D Limited 0 General 0 Partner -0 Limited 0 General D Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: ------------- Signer Is Representing: _________ _ Signer Is Representing: --------- ~~~~~~~~~~~~~~~~ ©2014 National Notary Association· www.NationaiNotary.org • '1-800-US NOTARY ('1-SOQ-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfomia ) County of ,$.:u2 P/Pcl D ) l/ b £-...' On DPced?/Jer '/'ff;?tVb before me, /kt!f/f S4rq I rf?attJ?tJ/ Nvfo/d Pww/;t::, Date Here Insert Name and Title o£e Officer personally appeared ___:==:::====~_jfo~·l_!;_/J::!:_. ~':Li t:r::_: _)t:_~~'y_i/E:e.:_C:.fl!4~/;-~6~'-/;~f[~£LU:::i{:....15L~-:_-:_-:__-=._-=._-::_ 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. Notary Public -California ~ ~~ San Diego County ~ z · Commission # 2156260 ::: l ;: ~ v .Mr so~m. tx~r~ L1 }S2&! Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seaL Signature M~~ Signature of Notary Public ----------------------------oPTIONAL--------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document z. / . 1 Title or Type of Document: /gbiJfC:lltj t(/4'/eJtq/f l!:cll/ Document Date:! pa p£J!b Number of Pages: Signer(s) Other Than Named Above: ___________ _ Capacity(ies) Claimed by Signer{s) Signer's Name:------------Signer's Name:------------ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): _____ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: -------------Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~~~'®~~'g;,~~y;;~~~~~~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907