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HomeMy WebLinkAbout2022 CON Eagle Paving Company - Contractor Agreement1/ OWNER CONTRACTOR AGREEMENT T NATIONAL CITY BOULEVARD BIKEWAY PROJECT, T, IP NO. 19-18 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Eagle Paving Company, Inc, ("Contractor"), 13915 Danielson Street, Poway, CA 92064, on the Januat o, 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: . 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, Countyof San Diego and City of Nationl 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. . TIME FOR PERFORMANCE CE 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. . 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 persons race, religious status, sex or age* . 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 r to undertake self-insurance in accordance with the provisions ofthat 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. . 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 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 prosecutions 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) (lfitial)>, 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. Alejandra. Sotelo-Solis Mayor, City of National City APPROVED AS TO FORM: By. . ry Charles E. Bell, Jr. City Attorney Contractor: Eagle Paving Company, Inc. er/Officer signature) Joel Batule, President Print name and title (Second officer signature if a corporation) Marisa Garland, CFO Print name and title 09012859 Contractor's City Business License No. 944939, C12 A State Contractor's License No. and Class 13915 Danielson Street, Suite 201 Business street address Poway, CA 92064 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 MT , BN E,SANDA , Port ofSanDiegoand all other agencies that may be adjacent and/or affected by the project. EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH 8!D SCHEDULE ITEMS) Bid Results for ati naal City -Boulevard Bikeway -Project- CIP .— -1 }-- Item No. Description Unit t. Eagle Paving Company, Inc. Base: Bi.d. - N i .ail . i t l ard: it ► r Project Mobilization Demobilization LS $30,000.00 $30,000.00 -._..-... Project Schedule LS 1 $1,500.00 $:I,500.0O 3 I _ Surveying n nstrtin Staking LS 1 $4,00000 $4,000.00 4 Pedestrian Control 1 L5 1 $80,000.00 $80,000.00 5 Water Pollution Control LS 1 $3,000.00 $3,000. r- 6 Unclassified Excavation I LS- 1 $2,500.005 0. i : 7 Clearing and Grubbing LS 1 $1O,0000O $10,000.00 Construct 6" Median Curb Type B-1 per8 ..SDRSD LF 56 $100.0000 9 Construct 6" Median Curb Type B-3 per SDRSD -7 LF . 15 $200.00 $3,000.00 1 ' Construct 4" PCC Sidewalk per SDRSD 7, -9, G-10, -11 SF i 50 $18.00 $22,500.00 11 Construct h It Concrete Pm n TON 9$140.0000 $126,840.00 1 I Replace Existing Storm Drain Grate, Type 18-9X EA $900.00 $2,700.00 13 Construct Class II Aggregate Base TOIL 11 $108.00 $118,800.00 14 Slurry Seal SF 100000 j $OEGO $60,000.00 ------ 15 Cold Mill SF 8400 $065 $5,460.00 1 Furnish and Install Mirafi RS380i Woven Geosynthetic, or approved equal SY 4$3,600.00 17 ' Furnish and Install Flexible Post Delineators EA 180 $252.00 $45,36OE00 Removal, Disposal, and Replacement of Unsuitable Material C $100.o.o r1 19 Signing and Striping LS 1 $57,340.00 $57,340.00 20 Traffic Signal Modification - National City Boulevard & SR-54 WB Off -ramp LS 1 $41,600.00 $41,600.00 Traffic Signal Modification - National al City Boulevard & W 35Th Street LS$9,360.001 22 Traffic Signal Modification - National City SR-54 ER n-ramp LS 1,15 $1:5,60000 . .Boulevard • CORPORATE CERTIFICATE I, l'OroL 1\a_, certify that I am the Secretary of the Corporation named as Contractor in /ig6Nivt Contractor, was then the foregoing Contract; that , who signed said contract on behalf of the 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, Fy4(}u` certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that }(yscAV AcOKNI) Contractor, was then , who signed said contract on behalf of the 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: STATE OF OUNTY OF PARTNERSHIP CERTIFICATE 1 )ss On this day of , 20 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 Statej My Commission expires: . BOND NO. 024256613 PREMIUM 18 FOR CONTRACT TERM AND 1S SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCEBOND WHEREAS, the City Council of the. City of National City, by Resolution No, .2- on the . n r j 2022 has awarded Eagle Paving Company, Inc., hereinafter designated as the. "Principal", the NATIONAL CITY BOULEVARD BIKE Y PROJECT, CIP NO,.19-18 WHEREAS, .idPrincipal is required under the. terms of said contract to furnish a bond for the faithful .performance f said contract. NOW, THEREFORE, we, the Principal. and THE OHIO_CASUALTY INSURANCE_COMPANY as surety, are held and firmly hound unto the. City of National City, hereinafter called the "City", in the penal sum of i . Hund ed Fift Thousand .Seven Hundred Sixt $6501760.001 dollars 'lawful money f the United States, for the payment of which sung well and truly to made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, THE CONDITION OF THIS OBLIGATION IS SUCK THAT if the above bounden r.i.. is 1, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to nd abide by, and well and truly keep and perform the covenants, conditionsand agreements in the said contract any alteration thereof made' as therein provides, on his or their part, to b. kept and performed at the time and in the amount therein specified) andin an 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 rein in full force and virtue, And the said Surety, for value .received, hereby stipulates and agrees that n change, .extension of time, alteration or addition to the terms of the contract or to the work to e 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 J''HE E F 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 DE E BEF , 20 21 THE OHIO CASUALTY EAGLE PAVING COMPANY, INC. INSURANCE COMPANY (SEAL) DBA TORQ ENGINEERING (SEAL) (SEAL) (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) J EL``BATULE, PRESIDENT Surety Principal (SEAL) PERFORMANCE BOND ATTORNEY IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF COUNTY OF ) ss 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 Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commtssion expires: CALIFORNIA ALL-PURPOSE E ACKNOWLEDGMENT MaEOWEICVM CIVIL CODE § 1189 . 1'r �` �F►ti—. :� y} +�; '�. -'; ; ;��4� l�+si 5a y�. .'=rait'� tirf�' -.►. -.- !. 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 n 12/10/2021 Dote before me, } TRACY LYNN R.OD I UEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name's, of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(- whose name(). is/subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ authorized capacity ), and that by his/he their signature() on the instrument the person(, or the entity upon behalf of which the person() acted, executed the instrument. TRACY LYNN RODRIGUE7 SA# ,� 1 R83 N DIEGO C+ UNTY COMM. NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JAN UARY 11.2024 Place Notary Seal and/or Stamp Above I certifyunder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand a n d o ffi c i a l seal. Signature OPTIONAL atr rz f N to Public 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: MARK D. IATAROLA CI Corporate Officer — Title(s): • Partner -- o Limited o General o Individual o Trustee L Other: MI Attorney in Fact o Guardian of Conservator Signer is Representing: -- - ; .r,4. .a '� 'r "� -- -•r"'-a-`v iaii... S ©2017 National Notary Association Agt Signer's Name: = e o Corporate Officer — Title(s): a Partner -- o Limited o General • Individual o Attorney in Fact El Trustee o Guardian of Conservator D Other: Signer is Representing: c c ca co o,^ ofo U) 173 g 2 cm Liberty Mutualm SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Mutual Insurance Company _ The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Helen y, Maloney; John .Malone ; Mark D. latarola; Sandra Fi:Lueroa; Tracy Holmes; Trac L nn Rodriguez Certificate No: 8205111-024100 all of the city of Escondido state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March —, 2021 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company By; State of PENISYLVANIA ss County of MONTGOMERY SIOn this 29th day of March 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 32 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. I E 0 o David M. Carey, Assistant Secretary IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Commonwealth of Pennsylvania - Notary Seal Teresa Pastella, Notary Public Montgomery County My commission expires March 28, 2025 By: giaii-ast) Commission number 118044 -��„ Member, Pennsylvania Association of Notaries eresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: co ARTICLE 1V OFFICERS; Section 12, Power of Attorney. c)An officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or they President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety AEI g E 100. any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o cb Go instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the cis provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority,, ARTICLE XIIi — Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, - bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -ha - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand aid affixed the seals of said Companies this 10TH day of DECEMBE1 , 202.1 . By: Renee C. Llewellyn, Assistant Secretary LM -1 873 Likil I 0G1C WAIC Multi Co 0 1 1 BOND NO. 024256613 PREM[LJM INCLUDED IN PERFORMANCE BOND PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2022- , on the lath has awarded Eagle Paving Company,. Inc., hereinafter designated as the 'Principal", the NATIONAL CITY BOULEVARD BIKEWAY PROJECT, CIP NO. 1948 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 CASUALTY INSURANCE COMPANY ass.urety, are held and firmly bound unto the City of National City, hereinafter called the "Cityur in the penal sum of Six Hundred rift.Thousand Seven Hundre ixt 0650,760.001 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. 08L1GAT1ON 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 CaRfornia 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. '0r» 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 attomey'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. 1 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 wr:Irk of improvement hereinabove described or pertaining or relating to the furnishing of: L or, materials, or equipment therefore, not by any change or modification of any Lerms 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 21 . THE off IC CASUALTY EAGLE PAVING COMPANY, INC. INSURANCE COMPANY (SEAL) DBA TOW ENGINEERING ING (SEAL) (SEAL) MARK D. IATAROLA, ATTORNEY -IN -FACT (SEAL) Surety i JOEL BATULE. PRESIDENT Principal (SEAL) (SEAL) STATE OF ATFORNEY-1N-FACT •ACKNOWLEDGEMENT OF SURETY COUNTY OF On this day of , 20 , before me, the undersigned, a nnlh Notary Public in and for said County and State, personalty 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: A7TACH ALL BONDS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT COB CIVIL CODE §1189 A notary public or other officer completing this certificate verifies onlythe 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 12/10/2021 Date before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Naine(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose rare( is% -subs ri ed to the within instrument and acknowledged to me that heft het t y executed the same in hisiherAlieif authorized capacity), and that by hisil=tefftitebif signature() on the instrument the person(), or the entity upon behalf of which the personH acted, executed the instrument. TRACY LYNN I'ODRIGUEZ C . ## 2318838 SAN DIEO COUNTY NOTARY PUBLIC-CALIFORNIAZ MY COMMISSION EXPIRES JA VARY 11 1 2024 Place Notary Seal and/or Stomp 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. 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 igner(s Signer's Name: MAR D. IATAROLA Signer's Name: Li Corporate Officer —* Title(s): d Partner — o Limited Li General El Individual 1K Attorney in Fact 0 Guardian of Conservator ❑ Other: Signer is Representing: O Corporate Officer — Title(s): o Partner — El Limited Q General • Individual 0 Attorney in Fact O Trustee c Guardian of Conservator ID Other: Signer is Representing: ©2017 National Notary Association Liberty MutuaL SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8 0511 1-0 41 B0 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Helen Maloney; John G. Malone ; Mark ] , Iatarola; Sandra Figueroa; Tracy Holmes; Trap L nn Rodriguez all of the city of Escondido state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th . day of March , 0 1 ui a) aCounty State of PEN NS LVANIA ss of M NT OM ERY o On this 29th day of March , 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company a c7, c 0 o C Commonwealth of Pennsylvania - Notary Seel Teresa Pastella, Notary Public Moritg❑rnery County My vornnrilesion expires March 28, 2025 CommIsslon number 1126044 Member, Pennsylvania Assaolal1or1 of Notaries By: By: David M. Carey, Assistant Secretary sut_160 eresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: i c rti o CD cr o o ARTICLE IV— OFFICERS: Section 12, Power of Attorney. 00 C) Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or tihe President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as maybe necessary to act in behalf of the Corporation to ,mice, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the, provisions of this article may be revoked at any time by the Board, the Chairman, the President or b the officer or officers granting such power or authorit a ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed iby the president and attested by the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, trice and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. 1N TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 10TH day of I E EM E , 2021 By: Renee C. Llewellyn, Assistant Secretary LMS-12873 WIC ODIC WAIC Multi Co 02/2