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4611 Agreement No. 4611 Contract Number: 4611 RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND SPEC CONSTRUCTION CORPORATION, INC. This contract is entered into this 22"d day of May 2014 by and between the City of El Segundo, a general law city and municipal corporation ("the City") and Spec Construction Corporation. ("the Contractor"). 1. WORK. A. The Contractor will provide all work required by the Contract Documents (the "Work"). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents; C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. D, "Contract Documents" means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Nine Hundred Eighty-Five Thousand, One Hundred Eight Dollars and No cents ($985,108.00) for the Work in the manner set forth in the Contract Documents. The City may adjust this amount as set forth in the Contract Documents. 3. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within the time specified in the Contract Documents (the "Contract Time.") Residential Sound Insulation Program 1 Group 52 Construction Contract(05/22/2014) Agreement No. 4611 Contract Number: 4611 B. The Contract Time will commence when the City issues a notice to proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract. C. The Contractor shall not perform any Work until: i. The Contractor furnishes proof of insurance as required by the Contract Documents; and ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed. D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time. E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 5. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 6. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work. 7. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 8. INDEMNIFICATION. The Contractor agrees to indemnify and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation,to the provisions concerning indemnification. 9. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee Residential Sound Insulation Program 2 Group 52 Construction Contract(05/22/2014) Agreement No. 4611 Contract Number: 4611 15. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 16. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee,may execute any such amendment on the City's behalf. 17. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 18. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions,the same as if the words importing such covenants and conditions had been used in each separate paragraph. 19. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 20. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. 21. COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENT This is a federally assisted construction contract and Federal labor standards, including Davis- Bacon requirements, will be enforced. If Federal and State wage rates are applicable, then the higher of the two will prevail. [Signatures on next page] Residential Sound Insulation Program 4 Group 52 Construction Contract(05/22/2014) Agreement No. 4611 Contract Number: 4611 IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: CONTRACTOR: A general law city and municipal corporation. Spec Construction Corporatioii f � B Y' ��. .,� By: � C "Uarp iter - ... ' Jasen De se 1 ariagei Vice r_sidenj ATTEST: By. gym_ ".. Taxpayer ID x4i T r c ')) r Number �.® Z �q c�1 ity Clerk Contractor State License Number Contractor City Business License Number ! APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 4 1 Y By. Karl H. Berger, d Assistant City Attorney Residential Sound Insulation Program 5 Group 52 Construction Contract(05/22/2014) w°° "° _ Agreement No. 4611 City of El Segundo Residential Sound Insulation Program -rI4I. I�NAL p1�EI�l'lll�lM Is FAITHFUL PERFORMANCE BOND 1 1F*t1 oICAT9 OR T"V Bond No. 2175732 'FII4AL ON"OT PRICB Bond Fee: $13,351.00 Spec Construction Co Inc. ,as principal ("PRINCIPAL")and North American Specialty Insurance Company , a corporation incorporated under the laws of the State of New Hampshire and licensed by the State of California to execute bonds and undertakings as sole surety, as surety("SURETY"), are held and firmly bound unto the City of El Segundo ("CITY")in the sum of Nine Hundred Eighty-Five Thousand One Hundred Eight and 00/100 dollars($985,108-00 (words) lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, Contract Documents for Group 52 (RSI 14 -02 } of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract 4611 executed for such Project. In the case of"any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties,or deficiencies arising by reason of such default. Bond Conditions I PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL's work on the PROJECT will be done in accordance with the requirements of the Contract Documents for the PROJECT and with permits issued by the CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the PROJECT for a period of one (1) year following the PROJECT's completion and acceptance by the CITY. 4. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon. Faithful Performance Bond I Last Modified:April 22,2009 Agreement No. 4611 City of El Segundo °t Residential Sound Insulation Ptt �;atm 5. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation,the El Segundo Municipal Code ("SSMC"). 6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 7, This bond consists of this instrument; the Contract Documents identified above; and the following two(2)attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure §995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. t , Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's " obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation wil l remain in full force and effect. SIGNED AND SEALED this d mm May —, 20 14 � Spec Coalsfttuctio Co"o,lr't llyw North American Specialty Insurance Company "P "I eside S RET " " w PRINCI etary Matthew R Dobyns,Attorney-In-Faac:�t NOTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address SURETY's Mailing Address 1870 South Carlos Avenue 6 Hutton Centre Drive,Suite 850 Ontario,CA 91761 w 6f Santa Ana,CA 92707 n Faithful Performance Bond 2 Last Modified:April 22,2009 Agreement No. 4611 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of, ex 4. t )�........... _ ._ �. t a On � ....._..._ before me, , � " Date Here Insert Na m and Title of the Officer personally appeared ..�: µ Nar'rae o f Signe �..._ ........_ .............. . ....................__ �_ _..._......................._�0 who proved to me on the basis of satisfactor evidence to be the personal whose nameD is/ subscribed to the within instrument and acknowledged to nee that he/s A eXecuted the same in his/I�J eir auth% a capacity'(*s)„ and that by IfflE taanuuC�lt� hpsllp� C�r signature(, on the instrument the d miJt1 `xa��� person or the entity upon behalf of which the vq pp x ai �t erson acted„ executed the instrument. 04)Qg,%U Exp,MAR,26,E 2017 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. Place Notary Seal Above Signature: � �Sig."nature of Notary ...,... Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. t p .�. Description tle or Type ofADo Document: I—L ` ' _ Doument Date: Number of Pages: Signer(s) Other Than Named Above: ,W__......................................IT ,. ...... ....................... ...... Capacity(ies) Claimed by Signer(s) Signer's Name: .__.................__............... ._........_...-,.--- ..- Signer's Name: ❑ Corporate Officer—Title(s): _.......... ❑ Corporate Officer—Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ........... . ❑ Other: SiSigner Is Representing:�� 9 �._�.....�................�...........a..... Signer Is Representing: 0 2013 National Notary Association one www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 Agreement No. 4611 HUGH NGUYEN PROPERTY RECORDS BIRTH AND DEATH RECORDS CLERK-RECORDER MARRIAGE LICENSES/RECORDS w n - PASSPORTS r FICTITIOUS BUSINESS NAMES NOTARY REGISTRATION n' ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange I, Hugh Nguyen, County Clerk-Recorder-of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT NORTH AMERICAN SPECIALTY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered,revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 22nd day of May, 2014. H gll yen., r e County Clerk-Record " (Purple Seal) Ras d. Salaam, C.IA-Recorder imp " NUNN ,w NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLERTON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834-2500 • FAX (714) 834.2675 ♦ WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 4611 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY 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 Manchester,New Hampshire,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 Schaumburg,Illinois,each does hereby make,constitute and appoint: RANDY SPOHN and MATTHEW R.DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-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: FIFTY MILLION($50,000,000.00)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 both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9"'of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,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." tol ,tVrJe���i au nua Steven ` Stcvcn P.Aadds tsa n++e�nlot Vps�r l"rcwirletwq otl lynrlupur pttrrta 1nRernaYiuruawP Nwswrnr"rvnrny Campam n SEAL 1979 &Senior Vice ice President of North American Spew oh Insurance Company t � '% ^ By_ --� David M.Layman,Vice of Washington International Insurance Company �?�! &Vice President of Noeth American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this26th day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 26th day of „June 2012 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 David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, 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. Q DONNA D.SKLENS Notally Public.State of Illinois Donna D.Sklens,Notary Public Ihl' CommissionEti eras 10106f101S 1, Jeffrey Goldberg _the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,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 and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 22 day of May 20 14 e Jeffrey Goldberg,Vice President&Assistant Secretary o£ Washington International Insurance Company&North American Specialty Insurance Company Agreement No. 4611 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of QRANGE On before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW 8. DOBYNS Ej who proved to me on the basis of satisfactory evidence to be the person{-S} whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/theif authorized capacity (ies), and that by his/bef/their- signature(s) on the instrument the person(s), or the entity upon behalf of which the persons) 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. Et� WITNESS my nd and official seal. (,)M�i. N RAN COUNTY ° " ignrai to re o 6'ry Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Agreement No. 4611 City of El Segundo Residential Sound Insulation Program �✓k u 1' LABOR AND MATERIALS BOND Bond No. 2175732 Bond Fee: Premium Included on the Performance Bond. Spec Construction Co Inc. �, as principal ("PRINCIPAL")and North American Specialty Insurance Company , a corporation incorporated under the laws of the State of New Hampshirep mITITITm and licensed by the State of California to execute bonds and undertakings as sole surety, as surety("SURETY"), are held and firmly bound unto the City of El Segundo ("CITY") in the sum of Nine Hundred Eighty-Five Thousand One Hundred Eight and 00/100 dollars($ 985,108.00 gwr � �. _�.. �+ests) lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in the Contract Documents for Group 52 (RSI I4 _ 2) of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract 4611 executed for such Project, and for all work or labor of any kind performed for the Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments,penalties,or deficiencies arising by reason of such default. Bond Conditions 1. PRINCIPAL will construct the improvements identified in the Contract Documents for the PROJECT, copies of which are on file in the CITY's Residential Sound Insulation Program offices. Such performance will be in accordance with the requirements of the Contract Documents which are made a part of this bond by reference. 2. PRINCIPAL will pay all contractors,subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or Labor and Materials Bond I Last Modified:April 22,2009 Agreement No. 4611 City of El Segundo Residential Sound Insulation Program modification of the Contract Documents, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the Contract Documents identified above; and the following two(2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY'S certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has,that renewed authority has been granted. t; T Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's I' obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. 0,u.;w r SIGNED AND SEALED this 22 day of May , 2014 Spec Construction Co.,Inc. -C V ""C By: North American Specialty Insurance Company Q ^� P S President a) I p mm B y By:/ ., ,POCCIAL's Secretary � Matthew R.Dobyns,Attorney- x-Fact NOTE: ALL signatures must be atrn ledged by a notary public. PRINCIPAL's Mailing Address SURETY'S Mailing Address 1870 South Carlos Avenue 6 Hutton Centre Drive,Suite 850 Ontario,CA 91761 Santa Ana,CA 92707 Labor and Materials Bond 2 Last Modified:April 22,2009 Agreement No. 4611 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State ofCalifornia County of kvi-ferov'k,Ltk0­­..--- 0 n before me, Date Here Insert Name and Titld of the Officer personally appeared who d to the basis f satisfactor evidence to be the person(g-whose nai subscribed to the within instr6ment and ackn&�edged his/ /tji.r ai�thorlzed Qapacity s), and that by his/jh ir signature on th't Instrument the L VkNIIE 0, persorok or the enti y upon behalf of which the = , certify under PENALTY C>F PERJURY under the laws of the State of California that the foregoing paragraph io true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: OPTIONAL Signature of Nol'�ry Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment nf this form toan unintended document. Description mf Attached Document Title nr Type ofDocument: nmmntOata: Number of Pages: ________ Signer(s) Other Than Nnnnod Above: Cmpauity(ias) Claimed by Signer(s) Signer's Name: 8ignor'aNanna: ] Corporate Officer -Tit|e(s): [ �orpo(at Officer Title(s): [] Partnmr-- [] Limited []General [] Portner-- [] Linnited [I General LJ Individual [I Attorney in Foot [] Individual El Attorney in Fact El Trustee [] Guardian or Conservator El Trustee []Guardian or Conservator [] Other: [] Other: Signer |oRapnaaenting: Signer Is Representing: MOM (D 2013 National Notary Association 9 wvvw.NationalNotary.org 9 1-800-US NOTARY(1-800-876-6827) Item#5907 Agreement No. 4611 PROPERTY RECORDS HUGH NGUYEN BIRTH AND DEATH RECORDS CLERK-RECORDER MARRIAGE LICENSES/RECORDS ^�* PASSPORTS FICTITIOUS BUSINESS NAMES I� NOTARY REGISTRATION ORANGE COUNTY ARCHIVES CERTIFICATE OF ADMITTED SURETY INSURER Certificate pursuant to 995.640(a)Code of Civil Procedure State of California County of Orange 1, Hugh Nguyen, County Clerk-Recorder of the County of Orange, State of California, in and for said County, DO HEREBY CERTIFY THAT NORTH AMERICAN SPECIALTY INSURANCE COMPANY has been issued a Certificate of Authority as an Admitted Surety Insurer by the State of California Insurance Commissioner who authorized the Insurer to transact Surety Insurance in the State of California and that based on the records in this office, that authority has not been surrendered, revoked, cancelled, annulled or suspended. In Testimony Whereof, I execute this certificate and have hereunto set my hand and affixed the seal of said County this 22nd day of May, 2014. H )glI yen, O re Cy Clerk-leor4e (Purple Seal) I l ast d Salaam, DA-, . Cl rk-Recorder ) NORTH COUNTY BRANCH OFFICE ORANGE COUNTY SOUTH COUNTY BRANCH OFFICE HISTORIC DOWNTOWN FULLER TON HALL OF RECORDS LAGUNA HILLS CIVIC CENTER 201 N. HARBOR BOULEVARD 12 CIVIC CENTER PLAZA, ROOM 101 24031 EL TORO ROAD FULLERTON, CALIFORNIA 92832 SANTA ANA, CALIFORNIA 92701 LAGUNA HILLS, CALIFORNIA 92653 (714) 834-2500 ♦ FAX (714) 834.2675 ♦ WWW.00RECORDER.COM ♦ WWW.00ARCHIVES.COM Agreement No. 4611 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY 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 Manchester,New Hampshire,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 Schaumburg,.Illinois,each does hereby make,constitute and appoint: RANDY SPOHN and MATTHEW R.DOBYNS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,sea]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: FIFTY MILLION($50,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9th of May,2012: "RESOLVED,that any two of the Presidents.any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." was wi nrulrprd By _ PPR7i" SEAL Stevan P.Anderson,s'$trind'n°dma President mN WaV;t'rahygVmca International Insurance Company S'FAL 1979 &Senior Vice President of North American Specialty Insurance Company } By. ................... David M.Lai mau,Vice Pre4denl of Washington International Insurance Company wasp &Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this26th day of June 2012 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 26th day of June 2012,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 David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, 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. Ln "OFFICJAtLSEAV- DONNA D.SKLENS Votaq Public,State of Illinois Donna D.Sklens,Notary Public M1 n EX ]nos 10MA111 5 1, Jeffrey Goldberg=the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,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 and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 22 day of May 20 14 � N Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company&North American Specialty Insurance Company Agreement No. 4611 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County o NGE On � � before me, ERIKA GUIDO, NOTARY PUBLIC, personally appeared MATTHEW R. DOBYNS ® who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that he/sire/they executed the same in his/ieffflfeif authorized capacity(ie4, and that by his/hef/thei-r signature(s) on the instrument the person(}, 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. F WITNESS m y and and official seal.t)i COMM,it 2022671, ORANGE COUNTY " "inature 4N&iary �/ /rraioi i/iti%//%�i/i/irii-l/,iu r, /n„';;„ , ,I'/ / l �, ✓'/ � G( '1' Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES)