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HomeMy WebLinkAbout2021 CON Tri-Group Construction and Development Inc. - Citywide Safe Routes to School Project CIP No. 19-04OWNER - CONTRACTOR AGREEMENT CITYWIDE SAFE ROUTES TO SCHOOL PROJECT, CIP NO. 1904 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Tn-Group Construction and Development, Inc. ("Contractor"), 9580 Black Mountain Road, Suite L, San Diego, CA 92126, on the 16thdavotNOveflibe!j 2021. 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 '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 dateof 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 maybe 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. 1 have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) f 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: Alejandra Sotelo-Solis Mayor, City of National City • APPROVED AS TO FORM: By: Charles E. Bell, Jr. City Attorney I • Contractor: Tn-Group Construction and Development, Inc. (Owne4' er signature) Ivit pzir r1716 Print name and title w� (Second � 'icer ':natGre if a corporation) j=1. s :r _ 4 ve Print name and title 09 40 14ec Contractor's City Business License No. `--1 ile?b• I J, cgs A State Contractor's License No, and Class qcst5D st4tr,v_ t‘itmvarzoN1 gs) Business street address _D‘C6,4 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 specificationsand standards 14 1 • 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 arid/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE I. TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) Whrs CORPORATE CERTIFICATE i5___ss► certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that ‘A S )ftb S"s�- ,who signed said contract on behalf of the Contractor, was then � = S � Lka"rer" 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 ;--1- 1`4 1 P 5iS certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that 431- AN who signed said contract on behalf of the Contractor, was then ? ak 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. C�rporate Seal: A-Vmothro STATE OF COUNTY OF PARTNERSHIP CERTIFICATE 4 y 4 ss On this _ _day of 2O, before me, the undersigned, a Notary Public in and for said County and State, personally appeared: (Notary Seal) known to me to be ,_ _ _ __of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: _ Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: __ PERFORMANCE BOND EXECUTED IN TRIPLICATE BOND NO. 2326659 PREMIUM: $12,837.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE WHEREAS, the City Council of the City of National City, by Resolution No. 2021- _____ on the_16thdaV of November,2.Q?i has awarded Tn-Group Construction and Development, Inc., hereinafter designated as the "Principal", the CITYWIDE SAFE ROUTES TO SCHOOL PROJECT, C1P NO. 19-04. 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million Four HundredThree_Thousand, Eight Hundred Twentyl$1,403,820.001 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 attorneys 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 5TH day of NOVEMBER _, 2021 NORTH AMERICAN SPECIALTY INSURANCE COMPANY _ (SEAL) AND DEVELOPMENT, INC. _(SEAL) (SEAL) (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) Surety TRI-GROUP CONSTRUCTION HAN1 ASSI, SECRETARY _(SEAL) Principal STATE OF PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY ) COUNTY OF On this day of Public in and for whose name ) )ss _, 2O_ , before me, the undersigned, a Notary said County and State, personally appeared known to me to be the person 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 Surety must acknowledged. Signature: be properly NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Name (Type or Print): Notary Public in and for said County and State My Commission CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual.whosigried 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 11/5/2021 Date personally appeared before m, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here insert Name and Title of the Officer MARK D. IATAROLA Name(s) of Signer(s) MEN. — who proved to me on the basis of satisfactory evidence to be the person(s) whose name{} is/ar-e. subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hs/1te1ttIjeif authorized capacity(feg), and that by his/hef#theif signature(s) on the instrument the person(5), or the entity upon behalf of which the person(s) acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 2318838 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES --a JANUARY11. 2024 Place Notaty Seal and/or Stamp 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 _12(M OPTIONAL Si IfJ*Jotallc 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 Dade:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: MARK D. IATAROLA C7 Corporate Officer -- Title(s): ❑ Partner -- CI Limited ❑General ❑ Individual 1K1 Attorney in Fact ❑ Trustee ❑Guardian of Conservator C1 Other: Signer is Representing: ©2017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited General [] Attorney in Fact o Guardian of Conservator Number of Pages: ainmEnft ❑ individual ❑ Trustee a Other: Signer is Representing: • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the indMdual•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 ‘k Date personally appeared before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer HAN 1 ASS I _ __ Name(s) of Signer(s) w who proved to me on the basis of satisfactory evidence to be the person( whose name( is/e subscribed to the within instrument and acknowledged to me that he/&he/hey executed the same in his/fte'rthe3f authorized capacity(ies), and that by his/hefthe+F signature() on the instrument the person(6), or the entity upon behalf of which the person(e} acted, executed the instrument. i TRACY LYNN RODRIGUEZ COMM. # 2318838 b SAN D1GO COUNTY > NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES -4 JANUARY 11, 2024 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 Place Notary Sea! and/or Stamp Above Si'L. tur 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: _ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(5) Signer's Name: HAN1_ASSI in Corporate Officer — Title(s): SECRETARY o Partner — Limited D General ❑ Individual • ❑Attorney in Fact 0 Trustee o Guardian of Conservator ❑ Other:- � Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): o Partner — [7 Limited ❑ Genera! ❑ lndMdual ❑ Attorney in Fact o Trustee 0 Guardian of Conservator o other: — Signer is Representing: _ }.#..i..#..��.#.�i..�.•y;+*}i.i4'a*f•`►,i-.{��++�i�;'#;,i..i..f..i�.�.T� • a"i;�ii,�±*,#+i; ;.��'i' w+�#.' +��Y*_14 :' ::'i':. iw:U~# *r`r,:' ::`yF:•ia.;.#;:i:+#.+`i::y':.;;-i..f—:�aa' .1#.....•:•.*a�..#.,:.r,aM#ri'i,+:yi•#`r;.::s'.;r:r:��:*;�#;r!:*:.='yam:.;'s::'jF;*'��*:;:f:*.*:*3'a:;.'i.:.a+..:.`i.:�..'�Fi�.f.,`;'. ©2017 National Notary Association • • SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL AND TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatoryin the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE 1VnLLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the fallowing Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 011111.""10, giesspaiwfo, 2.-14i SEAL lifIt i tuiVa. 1973;77 - It:' kaaliIIH VS1ON A z 4/ 40.64.191RP mil4t6 SEAL ; E • • • • * Ile iihav fifbnun By SteveriP. Anderson a nor ViMileirdat of Wa h i tan rnterna ions rn uranc Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation • IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and:Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 19TH day of NNE , 20 19 State of Illinois County of Cook On this 19THday of N1sTE _ � 20. 19, before me, a Notary Public personally appeared _Steven P. Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. • North American Specialty Insurance Company Washington International Insurance Company Westport insurance Corporation OFFICIAL SEAL M. KENNY Natal Public* State cif Illinois My Comm4sion Expires 1210412021 M. Kenny_, Notary Public I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this NTH day of NOVEMBER � 2021• Jeffrey Goldberg, Vice President & Assistant Secretary of ashington International Insurance Company & North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport InsuranceCorporation EXECUTED IN TRIPLICATE BOND NO. 2326659 PREMIUM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2021- on the 16th day of November, 2021 has awarded Tn-Group Construction and Development. Inc., hereinafter designated as the "Principal", CiTYWIDE SAFE ROUTES TO SCHOOL PROJECT, CIP NO. 19-04. 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 NORTH AMERICAN SPECIALTY INSURANCE COMPANY as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of one Million Four Hundred Three Thousand Ei ht Hundred Twen $7,403,820.0O1 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, incase suit is brought upon this bond, a reasonable attorneys 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. ft 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 5TH day of NOVEMBER , 20 21 NORTH AMERICAN SPECIALTY TR1-GROUAND DEVELOPMENT, INC CONSTUCTI(SEAL) INSURANCE_COMPANY (SEAL) (SEAL) MARK D. IATAROLA, ATTORNEY-lN-FACT (SEAL) a • 4 • Surety HAN1 ASSI, SECRETARY Principal (SEAL) ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF � ss COUNTY OF On this day of � 2Q_, 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 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the indMdualwho 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 11/5/2021 _ before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC , Here Insert Name and Title of the Officer personally appeared_MARK P._IATAROLA __ Name(s) ofSlgner(s) Date who proved to me on the basis of satisfactory evidence to be the person(€ whose name(s) is/we subscribed to the within instrument and acknowledged to me that he/&Ie/they executed the same in his/her/their authorized capacity(fes), and that by his/her/their signature(s) on the instrument the person(, or the entity upon behalf of which the person(s) acted, executed the instrument. i i TRACY LYNN RODRIGUEZ COMM. # 2318838 )0 SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES y JANUARY 11, 2024 Place Notary Seal and/or Stamp Above 1 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. at2Signature I .� .ir U�'U � 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: Signer(s) Other Than Named Above: Capacity(Ies) Claimed by Signers) Signer's Name: MARK D. 1ATAROLA ❑ Corporate Officer — Title(s): _ ❑ Partner — 0 Limited o Genera! ❑ Individual Pg Attorney in Fact o Trustee 0 Guardian of Conservator o Other: _ _ _ - _ -- Signer is Representing: Number of Pages: bloc Signer's Name: __ ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited ❑ General o Individual 0 Attorney in Fact D Trustee Guardian of Conservator ❑ Other: Signer is Representing: - „ �., ti ;i-; . *:. # , # ,R • ;�.y.�ii*+�.f;:;+i•.�,i :�r:+�'{.y��.'+'.a'+: *:r'"i*•*'.*: �•.*:�':+.• �.� •:�':~•• `oe * :.'i' .`� �.i .. i',: i..'�:: i .:;,: #..; : f.4,#� , ,r� ,.+ + iir.r.t{iy�*.;.+.4+R+fir;#.••.or.'a•,•`#iPet. -..:*. ..#„# ..,..• ,ii.;.,ir.� • .�#,-#�.#}�.�.;~ir :�+*err.'�sr.yr.'r-.t;.!r."r5*,t'�.r.a�*:r'.t: �s��:���F#t:;:.•#::#�-i•-W.:;.:;:.#i.;..;..��.#-*::i, .•�:*:+,�.'+,�5 ri"•ilt,1�*�s-r�t�• •.+r--•*��i�:�.#L#•G*i*�:#�;.�y+,�.���t::#'.:i,.i••#�:�..;;tea;i.:;'..i 02017 National Notary Association ILL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •. i a- ! .+ Y • • ! a ...a.- ;#t.yl; +{;- .-1 ..i.. l++ir"i!y i! ;iz ' -; s�#`fri*�#+ '� :�`7i � f's`+'#•�s�i f ....e •#� -•#.-- UV• =.-+. '.#�5#r+r#rf• MI ".i: i �f rr i�i i•`�i i.af,-i+ !.a*.+iJ �i: tel: iir tel: y +r4#: :i: a+i+' mi+f�r�y� ly fa-1 ++il l#i+- +a+yfy+{rr4:4:+-sir;�t'■4;.+-+.++++1#+*r am * . `.l , # i-' 'a i�` ar IN ..la+*.+y*{4 ,+}4.�i ti4±+ �fi.i..*.#,r�s�ry ■. rsw :4. • +'r�; r'r�-• +ti4i*:+.+:+:i+. r'•4.".4+ri.+! i ;'a-!..`i i f-. -��r� *� *�; F ka ra ti� �� : .. ` ; �+�++�lY * +#F'i:!�'*' •�* :; �;F �'. !s! :a :`�'+.`� �+{ f +4F i+ CO—*; # . r i + F # • - I. + • #•-: i .. ; a � � .. i .. i� +•i .. � . r � - . ! a . � .. i - . ; . + * . + * . + ir. + ! . + i a + i . + ; ..•i .. i a a me'. . i =. ; • . ; a . i + r i , . #r• : f i i i'. i i i e`i :: � .. *'. ++i .. •i . + * , 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. L State of California County of SAN DIEGO 1 On NkplO%ii - before me, _ TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer HAN LASSJ___ personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(} whose name(6). is/subscribed to the within instrument and acknowledged to me that he/&h&they executed the same in hs/Itef/theif authorized capacity ), and that by his/hefltheir signature(s) on the instrument the person(, or the entity upon behalf of which the person(') acted, executed the instrument. TRACY LYNN RODRIGUEZ COMM. # 2318838 ›. SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNiAZ MY COMMISSION EXPIRES Y JANUARY11, 2024 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WETNESS my hand and official seal. Signature _ �� Y' • — Sig L ur of • ublic 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: _ __ -_ Signers) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: HAN1ASSI Number of Pages: M Corporate Officer — Titie(s): ECRETAR Y Ei Partner — o Limited Ei General ❑ Attorney an Fact ❑ Guardian of Conservator ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: 02017 National Notary Association Signer's Name: ❑ Corporate Officer — Titie(s): ❑ Partner — Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Trustee Guardian of Conservator ❑ Other: - -- — — Signer is Representing: _ s SWISS RE CORPORATE SOLUTIONS • NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: JOHN G. MALONEY, HELEN MALONEY, SANDRA FIGUEROA, MARK D. IATAROLA, JESSICA SCHMAL AND TRACY LYNN RODRIGUEZ JOINTLY OR SEVERALLY _ Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,OOOOO.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." aticol 4#1.1#61/4'..F614 % CI •60 49,-.:.ifo }ekevr s--. � s ■ �` : SEAL ' � % viz 1073 :'vi• VP:f.s• 4:40 .-0 0tuluIlliu u14ij, elzoliRNAL SEAL ids to 4:er. •..� 11#Ui�� By Steve Anderson nior ice res� ent of Was ingtoxn hnternat ana nsurauee Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporafion By Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized -officers this this 19TH day of _NNE, � 20_ 19 State of Illinois County of Cook On this 19THday of 'ENE , 20, 19, before me, a Notary Public personally appeared _ Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Senior Vice Presidentf Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. t ss: North American Specialty Insurance Company Washington International Insurance Company Westport insurance Corporation OFFICIAL SEAL M. KENNY Notary Public* State uf Illinois My o rn. sion Expims 1210412021 . M. Kenny, Notary 'Public 0. I, 3effrey Goldberg _, the duly elected Vice President and AssisfiantSecretary of North American Speciajty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 5TH day of NOVEMBER, 20 21 Jere Goldberg, Vice President � Assistant Secretaryo Washington International Insurance Companya oration North America Specialty ec alty Insurance Company Vice President � Assistant Secretary o Wes ort Insuran rp