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CONTRACT 4414 Other CLOSEDAgreement No. 4414 Contract Number: 4414 RESIDENTIAL SOUND INSULATION PROGRAM CONTRACT BETWEEN THE CITY OF EL SEGUNDO AND BIG WEST CONSTRUCTION CORPORATION This contract is entered into this ,%'(���day of April 20'5 Band 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 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 Eight hundred, sixty-eight thousand dollars and no cents ($868,000.00) 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 49 Construction Contract Agreement No. 4414 Contract Number: 4414 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 49 Construction Contract Agreement No. 4414 Contract Number: 4414 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 Tom Gray City of El Segundo RSI Program 333 Main Street, Unit A El Segundo, CA 90245 The Contractor Robyn Carr -Ebel 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 Group 49 Construction Contract Agreement No. 4414 Contract Number: 4414 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 49 Construction Contract Agreement No. 4414 Contract Number: 4414 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. By: ...._.....:...... +.7ity a enter anager ATTEST: 40"M �ep,4er Traef Clty O er ., APPROVED AS TO FORM: MARK D. HENSLEY, CITY A Mir] H. Berger, Assistant City Attorney CONTRACTOR: Big West Construction Corporation. By: . x........... T'oin Carr Vice -President Taxpayer ID Number Contractor State License Number Contractor City Business License Number Residential Sound Insulation Program 5 Group 49 Construction Contract BOND NO, 2167753 Agreement No. 4414 BOND EXECUTED IN TRIPLICATE City of El Segundo m Residential Sound Insulation Program FAITHFUL PERFORMANCE BOND Bond {No. 2.167753 Bond Fee: $10. 962, 00 WHICH IS SUBJECT CHANCE BASED ON THE FINAL CONTRACT AMOUNT Corporation as principal ("PRINCIPAL") and Hach Y1est Construction.......... .......... .............. .--_.....,,,......------------------- Amern Specialty Insurance ? Insurance Cam � _panv� � � � a corporation incorporated under North.ica the laws of the State of New Hampshire and licensed by the State of California to execute bonds and undertaken a s s so _a g � le surety, . as_ surety ("SURETY"), are held and firmly bound unto the City of E1 Segundo ("CITY") in the sum of -- --- . . 0 (words? Eight Hundred Sixty Eight Thousand 0/10 dollars ($ 666, 000_o )q 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 49 (RSI of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract 4414 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 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. 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. Last Modified: April 22, 2009 Faithful Performance Bond 1 Agreement No. 4414 , City of El Segundo Residential Sound Insulation Program 5, This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 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. 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. 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,wiII remain in, full Torce' and -effect. SIGNED AND SEALED this .24th dayof A ril; " 2013 BigWest Constructi(rn corporationp Nbrth Amerir"an—S ci lty Inwira ce,,Xe, mpanyr w ttor.w PII lI'AL's President SU�, 's 1'resrdtatt T• Muilick, p"', ney-in-Fact PIS m"' PA l 's Secretary RS DI T;"I`Y's Secretary NOTE: ALL signatures must be acknowledged by'a notary public., PRINCIPAL's Mailing Address SURETY's Mailing Address 15331 Normandie Ave. 681 South Parker Street, Ste 130, Irvine, CA 92604 Orange, CA 92868 Faithful Performance Bond 2 Last Modified: April 22, 2009 Agreement No. 4414 ACKNOWLEDGMENT State of California County of ww_.................Q.ran�e.................... ) Jennifer C. Anaya, Notary Public On � April 24, 2013 before me, Jnn e,,..... (insert name and title of the officer) personally appeared ......__ u......_.�e..... ..............._....Yung ...T..... u.1l pk................. who proved to me on the basis of satisfactory evidence to be the person( whose name(*) is/ma subscribed to the within instrument and acknowledged to me that he/dc executed the same in hiskxxftjek authorized capacity(, and that by his/JavAMix signature(s) on the instrument the person(*), or the entity upon behalf of which the person(g) 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 m hand and ;f ciai s� y�eap JENNIFER C. ANAYA COMM. # 1974158 70 �' ry NOTARY PUBLIC-CAUFORNIAX COUNTY 110 CO) ORANGE MY COMM, E P MAY 2016 Signature (Seal) Agreement No. 4414 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY 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. MULLICK _......... ...... _....................................................... _... JOINTLY OR SEVERALLY Its true and lawful Attomey(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 (S50,000,00ll,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 h 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." "w�,4"syb�lP a BY 5C^ Steven P. Anderson, Senior Vice President of wdahinttmp International Insurance Company 'hpcclaloy SEAL "x ' & Senior Vice President of North American Insurance Company ; ny 0 ll c � N gII1V1��ytkR�� By David M. Layman, Vice Pvcs9Girut orwatitiogtoo htNem,nfln�n¢r16YasMl`&alecc!{"ompd�IFt�Yy' & Vice President of North American r pocialty 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. M m{` f 7i!La t�Sof'Illimis Donna D. Sklens, Notary Public im ltl6tlfld"20ts I, Jeffrey Goldberg ,the duly elected Assistant Secretary of North American Specialty hrsurance 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 24 day of April 20 13 a a W, s .teffre}' C:nddlaerg, Vice President & Assistant Secretary of wn::hmglon International lostuar,ce C.rapany &North American Specialty Insurance Company Agreement No. 4414 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California l ROOY'N J. CARR-55L Commission # 1939133 U Notary Public - California Orange County M Comm, x ires Jun 25,2015 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 �aaau ar-of Notary Pub _ _ ublic 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. n of Deeorippted o eyff Document:112kv....... Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:.-. -.....---- ...�_..__.........._... ❑ Corporate Officer — Title(s): _ ■ Sig Individual Partner — ❑ Limited ❑ General Top of thumb here Attorney in Fact Trustee Guardian or Conservator �Jther: ner Is Representing: Number of Pages: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 NU 2167753 Agreement No. 4414 i, X1lTTE0 19 'ill"1�� i 1 s .II'_;:;F'�� V"li I City of El Segundo 01"Residential Sound Insulation Prograin LABOR AND MATERIALS BOND Bond No. 2167753 Bond Fee: BOND PREMIUM INCLUDED IN PERFORMANCE BOND Big West Construction Corp oration , as principal ("PRINCIPAL") and North American SpecialtyInsurance Company a corporation incorporated under ....�..��. —....er__�... 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 Eight Hundred Sixty Eight Thousand 0 100 dollars 1 ..._..._.............r _._._, ,...,.. ..... .S_6 8 , U U O O O _ 9 (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. 'Phis 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 perfonnance of the work contemplated in the Contract Documents for Group 49 (RSI _-� of the City of El Segundo's Residential Sound Insulation Program ("PROJECT") and Contract 4414 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 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. 1 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 l Last Modified: April 22, 2009 Agreement No. 4414 City of El Segundo Residential Sound Insulation Progi,a.ttt 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. 7„ 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. SIGNEDAND SEALED this 24tn day of_,. Apral 2013 ....................._..........._..� —.. Big West Construcfi o ^Corporation North American 1 t Insurance il� A thc, k i A iA d �. IPAL's President s . SURETY'Ssidei���a muiiiok, Attar 'e;a'-in-Fact PRINCIPAL's Secretary S' 7Y''s Secretary NOTE: ALL signatures inusl, be ac' know ledged by'a, notary public. PRINCIPAL's Mailing Address - SCRETY's Mailing Address 15331 Normandie Ave. 681 South Parker Street, Ste.130 L. � , Irvine, CA 92604 Orange, CA 92868 .._.. ........�...............� Labor and Materials Bond 2 Last Modified: Apri] 22, 0009 Agreement No. 4414 ACKNOWLEDGMENT State of California County of my Oran e On w„ Ari124 2013 before me, Jennifer C. Anaya, Notary Public (insert name and title of the officer) personally appeared ... m.._.. - Yl g T� M llick.... who proved to me on the basis of satisfactory evidence to be the person(X) whose name(je) is/aw subscribed to the within instrument and acknowledged to me that he/Ably executed the same in hiskpecftje r authorized capacity**, and that by his/bwJAMix signature(s) on the instrument the person(r,), or the entity upon behalf of which the person(z) 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. V OF rA WITNESS my hand and o j �ial s al. JENNIFER C. ANAYA zo COMM # 197418 X .; NOTARY PUBLiC-CLF RRIAX We OIqAN!E COUNTY NY OIL , EXR MAY 2 2016 Signature"" (Seal) Agreement No. 4414 NAS SURETY GROUP NORTHA,INSURANCE INSURANCEWASHINGTON INTERNATIONAL .. 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. MULLICK 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 91h 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 P6, wer 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�1[1t$1h419tydtyrrr a�,, g L By _ r ,0Ftppt l� S1:AL o Steven P. Anderson, Senior Vice President of Washington International Insurance Company '" "� SEAS, ` 1973 & Senior Vice Pidt of Normercan nsuranceompany th AiSpecialty ICr %! President M.. -gy 11 ow.,00 S� By. David two & Vice IPr csidvol 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 , 201 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. Lavinan , 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 g I L'" acknowledged said instrument to be the voluntary act and deed of their respective companies. ' Iygl�+ll l :all Ida ,i /i ' ,,,. l lrbllc, slate etf'11Ii11ois Donna D. Sklens, Notary Public M columission EX res 10ttw'112015 I, Jeffrey Goldberg the duly elected Assistant Secrets 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 24 day of April 120 13 Jeffte} Goldbc,g, Vice President& Assistant Secretary of wachingtnn fntemational Inswwce Company & Noah. American Specialty fnsururce Company Agreement No. 4414 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of �2On .. , Z efore me, ., i� Hone I° Insert Name and Title of the Officer personally appeared 16,1110 ROBYN J. CAR'R-EBEL Commission # 1939133 (a Notary Public - California e Cunty M Comm. E girosoJun t Place Notary Seal Above Name(s) of Signer(s) CIVIL CODE § 1199 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, f .µ Signature ""dire 6f a 'aubCi 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 . 4.�(,-(_ ...t Document Date: Signer(s) Other Than Named Above: ......................... ...... _........................ Capacity(ies) Claimed by Signer(s) Signer's Name: .............. ..... " ❑ Corporate Officer — Title(s):...-_.... ..m........ ........................................... ❑ Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here j ❑ 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 • 1-800-US NOTARY (1-800-876-6827) Item #5907