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HomeMy WebLinkAboutCommercial and Industrial Roofing, Inc. - Martin Luther King Jr. Community Center Roof Replacement Project - CIP No. 26-03 - 2026 OWNER-CONTRACTOR AGREEMENT MLK JR COMMUNITY CENTER ROOF REPLACEMENT, CIP NO. 26-03 This Owner-Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Commercial & Industrial Roofing Co., Inc. ("Contractor"), 9239 Olive Dr., Spring Valley, CA 91977 on the 7th day of April, 2026, 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 15, above: (Initial) (Initial) 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: Commercial & Industrial Roofing Co., Inc. Ron Morrison, City of National City (Owner/Offi er signature) Attest: Barry Lee Turnour, PRESIDENT Print name and title Tn erim City Attorney . )., 1i Heidi Skinner (Second officLr signa ure if a corporation) Lindsay Merziotis - Vice President/Secretary Print name and title 09001141 Contractor's City Business License No. 542724 State Contractor's License No.and Class 9239 Olive Dr., Spring Valley, Ca. 91977 Business street address City,State and Zip Code 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 No. Item Description Unit Quantity Unit Price Line Total Removal, Disposal, and Replacement of the Existing Roofing System and Installation of New Roofing 1 System per Specifications LS 1 $263,883.00 $263,883.00 Subtotal $263,883.00 Total $263,883.00 CORPORATE CERTIFICATE 1, Lindsay Merziotis certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that Barry Lee Tumour , who signed said contract on behalf of the Contractor, was then 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, certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ,who signed said contract on behalf of the Contractor, was then 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. Corporate Seal: Bond No. 800041256 PAYMENT BOND Premium: Included in Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 20 has awarded Commercial& Industrial Roofing Co., Inc. , hereinafter designated as the "Principal",the MLK JR COMMUNITY CENTER ROOF REPLACEMENT, CIP NO. 26-03. 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 Atlantic Specialty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Two Hundred Sixty-Three Thousand Eight Hundred Eighty-Three and No/100ths 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 18th day of March 2026 . Commercial&Industrial Rpofing Co., Inc. (SEAL) Commercial&Industrial Roofing Co., Inc. (SEAL) Ty" SEAL (SEAL) Tara Bacon,Attorney-in-fact (SEAL) c5Pc•Ct 1A �tCV RAW ) (\CJj (SEAL) Surety Principal ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , 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: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On Pctr; k �� d-o (i before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Tara Bacon 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. MINNA HUOVILA t' . COMM.#2473536 n t. NOTARY PUBLIC-CALIFORNIA h . ,y/ SAN DIEGO COUNTY „� . ", My Commission Expires DECEMBER 6 2027 Signature (Seal) • [Intact] INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth, Minnesota,does hereby constitute and appoint: James D.Castle,Janice Martin,John R.Qualin,Lawrence F.McMahon,Maria Vhanneza Guise,Sarah Myers, Tara Bacon,each individually if there be more than one named,its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:unlimited and the execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto;and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto;and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking,recognizance or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January,2023. r,\P0 vlll'Ns09% 9 :Q4,v GOPEAL n= ✓ V� _% SEAL m=_ Y 1986 0! By �- STATE OF MINNESOTA Vis �E.w voP#'a, a3,� Sarah A.Kolar,Vice President and General Counsel HENNEPIN COUNTY 6'�zd A 1,?,�' On this first day of January,2023,before me personally came Sarah A.Kolar,Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY,to me personally known to be the individual and officer described in and who executed the preceding instrument,and she acknowledged the execution of the same,and being by me duly sworn,that she is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. FiEs'' ALISON D. NASH-TROUT 1 .LT, *': NOTARY PUBLIC-MINNESOTA % ' ' i I ;f �� o r, MyCommission Ex ires I . _,r, January 31,2030 I Notary Public I,the undersigned,Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full force and has not been revoked,and the resolutions set forth above are now in force. Signed and sealed. Dated 18th day of March 2026 r,r'O INs,,,s P ,44, GOPPORott,910 za y: SEAL ml • 1986 0= ier,,........ ', rz....^-,------- This Power of Attorney expires 'syb�ttw yob January 31,2030 '%."v tr f, r` Kara L.B.Barrow,Secretary r Inrllr" Please direct bond verifications to surety@intactinsurance.r In 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 San 11 e On I � 'Up before me, AV1c\e\►(P 2�� VJ& I(l.021 k Pu)pl uG Date Here Insert ame and Title of the Officer personally appeared N `_,uSufaaf 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 =.r. ANGELICA REYES MARTINEZ laws of the State of California that the foregoing ; . NotaryPublic-California £ paragraph is true and correct. W tix San Diego County r Commission#2412043 WITNESS my hand and official seal. 61-"s My Comm.Expires Aug 1,2026 Signature Place Notary Seal and/or Stamp Above S. nature 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— ❑ Limited 0 General 0 Partner— 0 Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Trustee ❑ Guardian or Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association Executed in Duplicate Bond No. 800041256 Premium: $3,167.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the day of , 20 has awarded to Commercial& Industrial Roofing Co., Inc. , hereinafter designated as the "Principal",the MLK JR COMMUNITY CENTER ROOF REPLACEMENT, CIP No. 26-03 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 Atlantic Specialty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penal sum of Two Hundred Sixty-Three Thousand Eight Hundred Eighty-Three and No/100ths ($263,883.00 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, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and 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 of National City and judgment is recovered, the surety shall pay all costs incurred by the Council 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 18th day of March 20 26 Atlantic Specialty Insurance Company(SEAL) Commercial&Industrial Roofing Co., Inc. (SEAL) .1)r, (SEAL) L (SEAL) Tara Bacon,Attorney-in-fact (SEAL) Vat-5-I T (SEAL) Surety Principal Type text here PERFORMANCE BOND ATTORNEY-IN-FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the , 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: Name (Type or Print): Notary Public in and for said County and State My Commission expires: ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On V Paj\ \ before me, Minna Huovila, Notary Public (insert name and title of the officer) personally appeared Tara Bacon 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 myhand and official seal. �s COMM.#247HUO �f im! e OMM.#2473os6 0 A' t NOTARY PUBLIC-CALIFORNIA 92 --,� 4 SAN DIEGO COUNTY ,„. My Commission Expires o, DECEMBER 6,2027 l"JlctiWWW tar,-:.+e.=�scr_:-�:._.-. Signature (Seal) taCt]INSURANCE Power of Attorney KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth, Minnesota,does hereby constitute and appoint: James D.Castle,Janice Martin,John IL Qualm,Lawrence F.McMahon,Maria Vhanneza Guise,Sarah Myers, Tara Bacon,each individually if there be more than one named,its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of:unlimited and the execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto;and that the Authorized Officer may appoint and authorize an Attorney-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto;and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attorney-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking,recognizance or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this first day of January,2023. , 9 a4 of R 'Z'= G L 0= - `a SEE AL r"1 IA': 1986 81 By STATE OF MINNESOTA V.I. �Fw ye'Aa P Sarah A.Kolar,Vice President and General Counsel HENNEPIN COUNTY '',ww µk""!;;+" On this first day of January,2023,before me personally came Sarah A.Kolar,Vice President and General Counsel of ATLANTIC SPECIALTY INSURANCE COMPANY,to me personally known to be the individual and officer described in and who executed the preceding instrument,and she acknowledged the execution of the same,and being by me duly sworn,that she is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. /C;1"_sT,.. ALISON D. NASH-TROUT 1 I r ri $ NOTARY PUBLIC-MINNESOTA I 14h4 ,./(1)9Kr7A4-litni"-- :. ,1__ ij My Commission Expires I `?'AL,Y,. ` January 31,2030 / Notary Public I,the undersigned,Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full force and has not been revoked,and the resolutions set forth above are now in force. Signed and sealed. Dated 18th day of March 2026 to SEAL ml _° 1986 oz /5 � • This Power of Attorney expires yy l t w vo- .aaz, , January 31,2030 ''•� * )';." Kara L.B.Barrow,Secretary Please direct bond verifications to surety@intactinsurance.com 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 3CAll T);e J} On 3 I 12,LD before me, AYv\P,I1 CA- (2-41-rk LA RA tLD12_ 004Y'Vti Pc), klC Date Here Insert Name and Title of the Officer personally appeared N ' LLi.. 1 urno-v'f 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 �cr ay ANGELICA REYES MARTINEZ laws of the State of California that the foregoing Notary Public California paragraph is true and correct. , 4.77 San Diego County \ + Commission#2412043 WITNESS my hand and official seal. L,a My Comm.Expires Aug 1,2026 Signature Place Notary Seal and/or Stamp Above nature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): 0 Corporate Officer—Title(s): ❑ Partner— 0 Limited 0 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 I.s...._a a..q..r... .....�► . .Ms,. • ii A rt