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HomeMy WebLinkAboutCosco Fire Protection, Inc. - Fire Service Backflow Preventer Replacements - CIP No. 24-16 - 2025 OWNER-CONTRACTOR AGREEMENT FIRE SERVICE BACKFLOW PREVENTER REPLACEMENTS—CIP 24-16 This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City,California 91950 and Cosco Fire Protection Inc. ("Contractor"), 4990 Greencraig Lane, San Diego, CA 92123 on the 21st day of January,2025,for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California,County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn-key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner,the Project Manager designated at the pre-construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code,which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code,and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's 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 Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers,employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement,any licenses,permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW,VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts,each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act,it is entitled to recover its litigation costs, including attorneys'fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 13, above: II Ai//U (Initial) / itial) 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Cosco Fire Protection Inc. Ron Morrison (Owner/Officer sig ature) Mayor, City of National City `' l ek {kcrrvin\Cq-, V 1C.c tAL ,a+ Print na and title APPROVED AS TO FORM: -� /hie— (S nd officer signature if a corporation) By: 7.71‹,rQ I..kt,.tArss. lick 6vi I tgl Barry J. Schul v Print name and title City Attorney, City of National City pc L.9 Io C) Contractor's City Business License No. S3-407—1 C-10 G 16 SState Contractor's License No.and Class / ►1C T a 11t h e Business street address k-n bL c o Cq cf Z.ti3 City,State and Zip ode EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions(Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF,SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE- TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) — CALIFORNIA .— NATIONAL CITY iUrjl INCORPORATED Engineering& Public Works Department Fire Service Backflow Preventer Replacements(NON-PLA PROJECT)(CIP No.24-16) Bid Opening Date: 11/8/2024 Cosco Fire Protection, Inc. Item Num Unit Quantity Description Unit Price Line Total 1 LS 1 Mobilization/Demobilization $11,000.00 $11,000.00 2 LS 1 Traffic and Pedestrian Control $5,500.00 $5,500.00 1200 National City Boulevard - Removal of existing conflicting fire service equipment and install new fire service backflow preventer 3 LS 1 system $66,710.00 $66,710.00 140 E. 12th Street- Removal of existing conflicting fire service equipment and install 4 LS 1 new fire service backflow preventer system $73,510.00 $73,510.00 1243 National City Boulevard - Removal of existing conflicting fire service equipment and install new fire service backflow preventer 5 LS 1 system excluding wireless tamper switch $86,340.00 $86,340.00 1243 National City Boulevard - Provide and 6 LS 1 install wireless tamper switch $1,040.00 $1,040.00 Subtotal $244,100.00 Bid Additive 1200 National City Boulevard -Abatement of 32 LS 1 piping if lined with asbestos $2,800.00 $2,800.00 140 E. 12th Street-Abatement of piping if lined 33 LS 1 with asbestos $2,800.00 $2,800.00 1243 National City Boulevard-Abatement of 34 LS 1 piping if lined with asbestos $2,800.00 $2,800.00 Subtotal $8,400.00 Total 252,500.00 CORPORATE CERTIFICATE ROGER JUMP certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that ALEX HERNANDEZ ,who signed said contract on behalf of the Contractor,was then VICE PRESIDENT of said Corporation;that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, ROGER JUMP certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that Scr-0-M4e, Ov,rklt- s ,who signed said contract on behalf of the Contractor,was then=pi rick. t ha7-,.- I D41 of said Corporation;that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. SIGNED BY: oger Jump, Cor etary COSCO FIRE PROTECTION, INC. Corporate Seal: } •, Bond No. K41993522 Premium: $2,159.00 Issued in Triplicate PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2025- , on the 21St day of January, 2025, has awarded Cosco Fire Protection Inc., hereinafter designated as the "Principal", the FIRE SERVICE BACKFLOW PREVENTER REPLACEMENTS—CIP 24-16 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and Federal Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Fifty-Two Thousand, Five Hundred{$252,500.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby 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 herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 10th day of December , 20 24 Federal Insurance Company (SEAL) Cosco Fire Protection Inc. (SEAL) T4— (SEAL) (SEAL) Olivia Spada, Attorney-in-Fact (SEAL) 1:64c9SPK.,-- (SEAL) Surety Principal PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF Connecticut ss COUNTY OF Hartford On this 10th day of December , 20 24 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Olivia Spada known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the Federal Insurance Company , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact. NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: 4fO\_\_6? _ _ Name (Type or Print): Angela O'Hara, Notary Public Notary Public in and for said County and State My Commission expires: November 30, 2027 anla 0' Hera N . _blic-Connecticut My Commission Expires November 30, 2027 CHUBB` Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Delaware corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Olivia Spada each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 19th day of July,2024. Warren Lichhorn.Vice President Rupert HD Swindells.Assistant Secretary (04) • ,s„.• (*) 1/40) Ova (414 STATE OF NEW JERSEY County of Hunterdon SS. On this 199 day of July,2024 before me,a Notary Public of New Jersey,personally came Rupert HD Swindells and Warren Eichhorn,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Rupert HD Swindells and Warren Eichhorn,being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal at co,1 Albert Contursi 04' �' NOTARY PUBLIC OF NEW JERSEY No 50202369 Commission Expires August 22,2027 Notary Public a+� CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-In-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company Is hereby authorized,for and on behalf of the Company,to appoint in writing any person the attorney-In- fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to bean exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Rupert HD Swindells,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this December 10,2024 t � Rupert HD S>,sindrIIs,Assistant Secretary •.4..0 „a IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) 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 County of ..5"-'r\ J} On \y kt-t 1`I before me, k D- 1t„ I Date Here Insert Name and Title of*he Officer personally appeared erc Vv\S ter`T' SS Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing o., TWA D.RYKER �FJ paragraph is true and correct. Notary Public California -- San Diego County Commission;2392151 WITNESS my hand and official seal. My Comm,Expires Jan:C.2C25 Signature ' Place Notary Seal and/or Stamp Above Signature f 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): 0 Corporate Officer— Title(s): ❑ Partner— ❑ Limited 0 General 0 Partner— 0 Limited ❑ General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association Bond No. K41993522 Issued in Triplicate PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2025- , on the 21st day of January, 2025, has awarded Cosco Fire Protection Inc., hereinafter designated as the "Principal", the FIRE SERVICE BACKFLOW PREVENTER REPLACEMENTS—CIP 24-16 WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and Federal Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Fifty-Two Thousand, Five Hundred 1$252,500.00) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 10th day of December , 20 24 . Federal Insurance Company (SEAL) Cosco Fire Protection Inc. (SEAL) (0,Q7C)62 (SEAL) i (SEAL) Olivia Spada, Attorney-in-Fact (SEAL) "T,a,ey.`N�r��SstV"1 +0� (SEAL) Surety Principal ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF Connecticut ss COUNTY OF Hartofrd On this day 10th of December , 20 24 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Olivia Spada _ known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the Federal Insurance Company _ , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney-in-fact. NOTE: Signature of those executing for NOTE: The Attorney-in-fact must attach a Surety must be properly certified copy of the Power of acknowledged. Attorney. Signature: AtV,---0\--Ve Name (Type or Print): Angela O'Hara, Notary Public (Notary Public in and for said County and State) My Cornmission expires: November 30, 2027 Angela 0' Hara ATTACH ALL BONDS Notary Public-Connecticut My Commission Expires November 30, 2027 s CHUBB' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Delaware corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Olivia Spada each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 19th day of July,2024. Warren Eichhorn.Vice President Rupert HD Swindells.Assistant Simony (4 dome* .) ei. • (A) ...„ STATE OF NEW JERSEY County of Hunterdon SS. On this 19th day of July,2024 before me,a Notary Public of New Jersey,personally came Rupert HD Swindells and Warren Eichhorn,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Rupert HD Swindells and Warren Eichhorn,being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal fat COyrG Albert Conte si NOTARY PUBLIC OF NEW JERSEY 'rnN �' No 50202369 ua�c Common Expires August 22,2027 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: "RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered into in the ordinary course of business(each a"Written Commitment"): (1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, to the extent that such action is authorized by the grant of powers provided for In such person's written appointment as such attorney-In-fact. (3) Each of the Chairman,the President and the Vice Presidents of the Company Is hereby authorized,for and on behalf of the Company,to appoint In writing any person the attorney-In- fact of the Company with full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as may be specified in such written appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other officer of the Company the authority to execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified in such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." I,Rupert HD Swindells,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (ii) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this December 10,2024 ciZZ• kA •406 Alr4. \ Rupert xD Swindells.Assistant Secretary IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT: Telephone(908)903-3493 Fax(908)903-3656 e-mail:surety@chubb.com Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) 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 County of t_.\� On V24k -I19 before me, kkak`N: r-R�� t « Date Here Insert Name andritle of the Officer personally appeared J re ^�� �^n ��SS 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 TIMM 0.RYKER laws of the State of California that the foregoing _� Notary P..blic=- San Diego CoLnty California paragraph is true and correct. zes > Comm`sion;2:9i ;1 WITNESS my hand and official seal. My Comm.Expires:an.C. 2024 .ct Signature Place Notary Seal and/or Stamp Above Signature o otary 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): 0 Corporate Officer — Title(s): ❑ Partner— 0 Limited ❑ General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS,LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31,2023 :in thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash,Cash Equivalents,and ST Investments $ 258,260 Outstanding Losses and Loss Expenses $ 9,827,827 United States Government,State Reinsurance Payable on Losses and Expenses 1,716,382 and Municipal Bonds 3,248,130 Unearned Premiums 2,899,835 Other Bonds 7,765.968 Ceded Reinsurance Premiums Payable 344,549 Stocks 283,737 Other Liabilities 516,090 Other Invested Assets 1,783,264 TOTAL INVESTMENTS 13,319,359 TOTAL LIABILITIES 15,304,683 Investments In Affiliates: Capital Stock 20,980 Great Northern Ins.Co 433,797 Paid-In Surplus 2,711,474 Vigilant Ins.Co. 380,848 Unassigned Funds 2,079,218 Chubb Indemnity Ins.Co. 188.514 Chubb National Ins.Co. 199.440 SURPLUS TO POLICYHOLDERS 4,811,672 Other Affiliates 117,568 Premiums Receivable 2,262,901 Other Assets 3215,928 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 20,116,355 SURPLUS 920,116,355 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners.At December 31,2023 investments with a canying value of$565,024,973 were depoeted with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor,being duly sworn,says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the is a true and correct statement of the said Companys financial condition as of the 31 at day of December,2023 Sworn before Zuz7 O ii(ycernhasion expires Commonwealth of Pennsylvania-Notary Seal Diane Wright,Notary Public Philadelphia County My commission expires August 8,2027 Commission number 1235745 (,Member.Pennsylvania Association of Notaries