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CONTRACT 4720 CLOSEDAgreement No. 4720 Contract Number: 4720 RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND BIG WEST CONSTRUCTION CORPORATION This contract is entered into this& ay of December 2014, by and between the City of El Segundo, a general law city and municipal corporation ( "the City ") and Big West 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 Work. The Contract Documents constitute the City and the Contractor and supersede understandings. City and the Contractor for the complete agreement between the any previous agreements or 2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed Eight Hundred Ninety -Eight Thousand, Five Hundred Thirty Dollars and No cents ($898,530.00) 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 Contract 4720 (Group 67 Construction) keav Agreement No. 4720 Contract Number: 4720 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: 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 Contract 4720 (Group 67 Construction) Agreement No. 4720 Contract Number: 4720 a of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 10. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents. 11. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: The City Josse Welch City of El Segundo RSI Program 333 Main Street, Unit A El Segundo, CA 90245 The Contractor Thomas R. Carr Big West Construction Corporation. 15331 Normandie Avenue Irvine, California 92604 Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to who notices are to be given by giving notice in the manner prescribed in this paragraph. 12. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein are for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 13. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 14. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows: A. This Contract; B. Precedence of documents as determined in the Standard Specifications. Residential Sound Insulation Program 3 Contract 4720 (Group 67 Construction) Agreement No. 4720 Contract Number: 4720 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 Contract 4720 (Group 67 Construction) Agreement No. 4720 Contract Number: 4720 IN WITNESS WHERE OF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF EL SEGUNDO: A general law city and municipal corporation. IC ATTEST: i APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTO BY: _ 0 K / Dwlp kitZj Karl �ger, ,ssisf iii. City Attorney CONTRACTOR: Big West Construction Corporation. �, 04 BY T homas Carr j 1-5/1 President Taxpayer ID Number Contractor State License Number Contractor City Business License Number ' Residential Sound Insulation Program 5 Contract 4720 (Group 67 Construction) Agreement No. 4720 City of El Segundo Residential Sound Insulation Bond No. 2183735 Bond Fee: IVCLUDED -W ■PEV_FOV.1L1VCE B011- as principal ("PRINCIPAL") and a corporation incorporated under lawful money of the United States, which may be increased or decreased by a rider hereto executed in the sane 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. Bond Conditions 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. 1 PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 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 ("ESNIC"). SURETY, for value received, agrees that rio changes, extensions of time, alteration or Labor and Materials Bond 1 Last Modified: April 22, 2009 Agreement No. 4720 City of El Segundo Residential Sound Insulation Progranr 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 tilne, alteration or modification of the contract documents or of the obligation to be performed. This bond consists of this instru vent; 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 SURE "rY'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. 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 will rernain in full force and effect. SIGNED AND SEALED this 11th day of___ Deeembgr , 20 14 . _ Big West Construction Corporation North Ame r i �ri Specialty ]� �atb wra ? i or l trty *S dt'1 "11 Yung T. Mullick, PRINCIPAL's President LJl ha 1 "'`t s 1 I -e Attorney -;n -Fact llr'AL's Secretary SURETY's Secretary �m NUJ'_ "E: ALL, signatures must be acknowledged by a notary public. PRINCIPAL "s Mailing Address Big West Construction Corpor2don, 15331 Norinandie Ave. hvin�, CA 92604 SURETY's Mailing Address North American Specialty insurance Company 6 ttunon Ccntrc Farivc Swig 840 CA 92707 Labor and Materials Bond 2 Last Modified: April 22, 2009 Agreement No. 4720 Cedfficate pumuant to 995.640(a) Civil Procedure DEAN, Q 1.0GMI____ , County Clark of the County Y' of — Y State of California,, in and for said County DO HEREBY CERTFY THATIIII Ln yn au �L* Cave �' C tl� uiSv���r C ias 7�� ,fta 0 sur('4 fAu dl by the Caffornia flw IS late Rif 9.ar.W'I b.f „' o E. c wb,�rVu9Ama n the Delp f n U.Pcan' ' weU� nle 4,-R .IWUIO!-ozy ha;i iiwt �-r� n surrendered, revoked, canoeled. annullea or sum-,t na�,U M fesu aiq Ohemt, a have hereunto set my hand and affixed said County wo � r COUNTY CLERK eputyGountyCM `° 10, ni B. Agreement No. 4720 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE On DECEMBER 11, 2014 before me, JENNIFER C. ANAYA, NOTARY PUBLIC Date Hero personally appeared YUNG T. MULLICK who proved to me on the basis of Satisfactory evidence to be the person(*4 whose narneM is/are subscribed, to the within instrument and acknowledgedto me that helshe/they exe,cuted the same in his AMMO authorized capacity(ies), and that by hisft,* r signatureM on the instrument the personW or the entity upon behalf of which the persol JENNIFER G. MAYA CM acted, executed the 4158 ;0 I clot tif:y tinder P UrY P RJURY under the laws of wry the State of Cal' to n1a th th foregoing paragraph is true Y 2, 2016 and correct. � Witness my nd o I "sea Signature Place Notary Seal Above Oft OPTIONAL able Though the information below is not required by law, it may prove valum le cons relying on the document and could prevent fraudulent removal and reattachment of this forry'; to another document. Description of Attached Document Title or Type of Document: Document Date:­­-­-.., Number of Pviges..-,, . ....... Signer(s) Other Than Named Above: Caoacity(les) Claimed by Signer(s) Signer's Name:,,.,­_,-_­.,,.,., Ll Individual 0 Corporate Officer El Partner ­0 Limiled [lGeneral Attorney in Fact Trustee ❑ Guardian or Conservator F1 Other:___,______ Signer Is Representing'. , ❑ Attorney in Fact ❑ Trustee 0 Guardian or conservator 00ther- Signer Is Representing: OEM Agreement No. 4720 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER ' ATTORNEY KNOW ALL MEN BY THESE PRESENT'S, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State oi'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: JENNIFER C. ANAYA, JAMES W. MOILANEN 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 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: F'1F "fY MILLION (9;50,000,000.00) DOLLARS '[ his 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 °i 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 FU R1'HER 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." A By 59i1r Q ��- Steven �PSetuor t son, Senior Vice Presideni"of Wash! nglon ice president of North Arneria. specialiv Insurance Company Company �k` V y Uaid il. Layman, Vice rvinrct oNashmg(on lutenrat io. i.insurance tnrI apa y & Vice President of Nor(h 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 _ , 20112 . 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, personal I,\ known to me, rvho being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and aclanow lodged said instrunnent to be the voluntary act and deed of their respective companies. I s i9. t� l fiPVS _ ....... Donna D. Sklens, Notary Public 1. Jeffrey Goldber __,_ 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. l have set my hand and affixed the seals of the Companies this 1 l day of DECEMBER , 20 14 r _ .le[Tr e� Qoldbey;. vice President & Assistant Secrelnp of Washington Intemotional Insurance Company & North Americ- Specioltr Insurance Comp.am Agreement No. 4720 • ., e CIVIL CODE § 1189 State of California County of -,...� ....,,, before me, X111 L. �.::..::. " On j a Here Insert Name and Tiflfm of the Officer personally appeared kkkNd��l "IYN J. CA%-ES L Commission # 1939133 Notary Public - California Orange County N Cpmrn. iEx DI resJun 26, 201 of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature? Place Notary Seal Above Sdgn to of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s):. -,__ . .................... ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumkr here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing Number of Pages: Signer's Name ❑ Corporate Officer — Title(s) ,,,,,,,,,,,,,� ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1- 600 -US NOTARY (1 -800 -876 -6827) Item #5907 Agreement No. 4720 City of El Segundo Residential Sound Insutation Program FAITHFUL PERFORMANCE BOND Bond No. 2183735 !w'-ond Fee: $11,237.00 WHICH IS SUBJECT TO CHANG BASED ON THE FINAL CONTRACT AMOUNT Agreement No. 4720 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 tune, alteration or modification of the contract documents or of the obligation to be performed. 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. 8. 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 will remain in full force and effect, SIGNED AND SEALED this l l�li day of December . 20 14 . 11i w West Construction Corporation IT, IG1�CI.PAL's President PI�I �1�4 IPA. ➢..�'s Secretary North Anrcrican Specialty Insurance C 61110atily" SURI,TY's President �baa'wt T.ivtunick, Atto mey -i n -Fac t SURETY's Secretary 'MOTE: ALL signatures must be acknowledged by a notary public. PRINCIPAL's Mailing Address SURETY's Mailing Address Big West Construction Corporation 15331 Normandie Ave. Irvine, CA 92604 North American w S ecialty Insurance (wonipany 6 Hutton Centre Drive, Suite 850 Santa Ana. CA 92707 Faithful Performance Bond 2 Last Modified: April 22, 2009 Agreement No. 4720 Certificate u nt to u ( a of Civil Procedure g g. A - o of 7j,-,--- .County ae of f our Stave of aflf rnia„ in and for said Cou nty ty Do HEREBY CERTN- THW Pry° r� cctn fN t CA c- Wra.n I'Ael� ii T o ar d��� w.a� adxddF r �, dft � �� ;dda d � � 9& ; California - �Ilust a CWlUV MI%V"I'll 4 ;7 �, "' �i �u,'a di ty @fill t,airzVNUic icl +. k dbF ,, l�,dCptid 4 hR,B�i,lurh� :d { + " P`'� i4dr; a xsa ry n,a 6 d d ud`ria a ; , ,,e term,, R ,)e cn in the Department of a�nrel44 "11dnfiGr�fl� t "�' ➢" �I „�. „('pd k"r�;ed Pa 0 have 6 Ldp nd rac, set ray 0,wnd and affixed ft awl of said Gourn,y spun —, , Agreement No. 4720 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of ORANGE On DECEMBER 11, 2014 before me, JENNIFER C. ANAYA, NOTARY PUBLIC Date i laril I lfi-dfi� Fe-difiW67,— personally appeared YUNG T. M-ULLICK who oved to me on the basis of Satisfactory evidence to he the person whose name M is/are subscribed to the within instrument and acknowle ed to me that he/she/they executed the same in his ffi= authorized capacity(ies), and that by hisi signature on the instrument the JENNIFER C.ANAYA pers of which the person* C4 C OMM. # 1974158 acted« executed the rurrtent. NOTARY PUBLIC-CALIFORNIA I Ce JURY under the laws of six ORANGE COUNTY ry 1,0 the going paragraph is true M�V'1% ft kP. MAY 2,210116 and correct. Witness my h nd and is -eal. Signature_ Place Notary Sea[ Above luni U, It, w t OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document, Description of Attached Document Title or Type of Document; Document Date:._ -._,- Signer(s) Other Than Named Above:. Caoacity(les) Claimed by Signer(s) Signer's Name* [] Individual 0 corporate Ofticer ­ Title(s):- 0 Partner ­— El umiled El General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or conservator Other:______, Signer Is Representing: , Number of Pages:,,,, ,,,,, -- Signer Is Representing: Agreement No. 4720 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: JENNIFER C. ANAYA, JAMES W. MOILANEN and YUNG T. MULLICI{ 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." y�+���th98wldro��Apr,��, '+'rYVM &Id'P1 fir Q a�tii °,.� m V" „ .,,. 0 rnrntleN'iar,�i lkk st Mt By % 444 t SEAL G7 m _ Slesen P. Anderson, Senior Vice President or Washington International Insurance Company %L s yµ 1973 0 X Setseo Vice President of North Ameo ican Specialty Insurance Company i Yl"y.;lp �ZI YNIUPM1 kyti owl �,x BY Da id ^ I aynnan, k'hr r "reelahld of Washington Internalional Insurance Company 'na'auMns "�a & Vir!t Pa °nsda vot of Norih American Specialty insurance Connpmry 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 tine, who being by Ine 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. `0 MT CIALSS DONNA D. SKLEN3 Nolt��ayPublic,SoaeeafIII ois Donna D. Sklens, Notary Public 1 "y Commission Eiipye, Ifi11Cy#'2015 1. lcFf-cv 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 1I day of DECEMBER , 20 14 .leffiey Cs°crldLes l;, Vice C msident & Assistnnl Secretary of Washington Inferncuunal rnsu�iice C`mnpony &Noah Aim scan Spedarty Insurance C.,`ompany Agreement No. 4720 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On "C before me, kere insert Name and Title of the Officer personally appeared " 11011M J,.;rG'AA,l4!R-,EBEL U"N 9 COM.Wilon . 1939133 Public C '.� I Notary Public - Calljorflig 0 or"p County ran" county ire's Jun 26, 0� My l0omfft E�x 15 Ires Jun 2 6" 2015 Nma= CIVIL CODE § 1189 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: .... ........ ..... ... .................... -------------------- — ----- Document Date: Signer(s) Other Than Named Above: . ..... Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual Signer Is Representing: Signer Is Representing: @ 2010 National Notary Association • National Notary,org - 1-800-US NOTARY (1 -800- 876 -6827) Item #5907