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HomeMy WebLinkAboutContracts & Agreements_202-2016 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 20th day of September, 2016, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Regency-Pacific Development Corp. (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a"Party" and, together, as the"Parties." In consideration of the mutual promises contained herein, City and Contractor agree as follows: I. SCOPE OF WORK: Contractor shall furnish all materials and perform all of the work for the following: CIVIC CENTER PLANTER SEATING AREA,complete all items as required by the Contract Documents (as herein defined) and Specifications for City's CIVIC CENTER PLANTER SEATING AREA. 2. THE CONTRACT SUM: City shall pay Contractor the sum of$33,000.00 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. 3. TIME FOR COMPLETION: The Work shall be completed within 30 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City. 4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of Work. Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time. Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs. 5. CONTRACT DOCUMENTS: This Contract includes all of the Contract documents set forth herein, to wit; Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Pians, General Conditions, General Requirements, Technical Specifications, and any addenda thereto. 6. ATTORNEYS'FEES: In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents,the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party. CD I 7. RESOLUTION OF CONSTRUCTION CLAIMS: CIaims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents Necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor. 8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project. 9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Parry sought to be bound. 10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents, 11. SEVERABILITY: Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CD 2 IN ' TN SS WHEREOF, the parties hereto have executed this Agreement the clay and year First written above. City of Redlands (SEAL) (Owner By City _...._..�a.se�m ' City ofRed]ar<r ; County of San Bernardino, California ATTEST,, City Clerk, I y ����Redlands County of Sax Bernardino, California (SEAL) e Y—� e c .. .....r"a Nan-ie ofContractor By: /i�' Sigriatur "o1 uthorl Agent Title Signature of Authorized Agent(if necessary) Title Contractor's License No. CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of'Contract: City of Redlands Municipal Utilities & Engineering Department CIVIC CENTER PLANTER SEATING AREA Labor Code, Section 3700, provides, in part that: "Every employer except the State shall secure the payment of'con-tpensation in one or more of the following ways: (a) By being insured against liability to pay compensation in one or more insurer duty authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to self insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to sell'- Z:1 insure and to pay any compensation that may become clue to Ins oi-her employees. l am aware of the provisions of Section 3700 of the Labor Code which requires every en-ijiloyer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before cornmencing the performance of the work of this contract. (Labor Code section 186 1) Dated this day of 2016. jSAjo —L21�� iveY,' FfC_ &-u— (Contractor �Signature) ISD (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the:Owner prior to performing the work of the contract.) CD 4 EXECUTED IN TRIPLICATE BOND NO.2220307 PREMIUM: $825.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE BOND Whereas�P thheoCity of Redlands ("City"), State of California, and Regency-Pacific DevelopmentRAT (hereinafter designated as "Principal") have entered into an agreement dated September 20,2016("Agreement")whereby Principal agrees to install and complete certain public improvements (the "Work"), which said Agreement is identified as CIVIC CENTER PLANTER SEATING AREA and is hereby referred to and made a part hereof; and Whereas,said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and NORTH AMERICAN SPECIALTY INSURANCE COMPANY, as Surety, are held and firmly bound unto the City in the penal sum of Thirty Three Thousand Dollars($33,000.00) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators,jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded Principal,his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided,on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered. As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one(1)year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete,and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect.The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains. Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default,or shall promptly, at the City's option: 1. Complete the Agreement in accordance with its terms and conditions; or 2. Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, CD 5 the amount set forth above. The term"balance of the Agreement price," as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal. Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied. The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred, with or without suit, in addition to the above sum, In witness whereof, this instrument has been duty executed by the Principal and Surety above named, on SEPTEMBER 23 32016. (SEAL) (SEAL) REGENCY-PACIFIC DEV,�iCOPMENT CORPORATION NORTH AMERICAN SPECIALTY INSURANCE COMPANY ontracto� (SU ty r BY: (Signature) MARK D. IATAROILA, (Signature) ATTONEY-IN-FACT Address. 6 HUTTON CENTRE DRIVE,..SUITE,.850 (Seal and Notarial Acknowledgement of Surety) SANTA ANA, CA 92707 Telephone; ( 714 ) 550-7799 Cly 6 CALIFORNIA LL- SE ACKNOWLEDGMENT CIVIL CODE§ 111€39 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validIty of that document. State of California County of SAN DIEGO ? On 09/23/2016 before me, JISSELLE MARIE SANCHEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D. IATAROLA Name(&) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( r whose name(s) is/ subscribed to the within instrument and acknowledged to me that he executed the same in his/i J4f wr authorized capacity{,and that by his/heiq4theirsignature(s)on the instrument the person(s), or the entity upon behalf of which the person( 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.. � wN t w ' pwaIZ SA -' 'FITNESS my hand and official seal. C(-)MM# 212958 SAN DIEGO COUNTY w C� .�ONIA Z SignatureN NOTARY RMUC _ INAY COMMISSION EXPIRES 9gna °r f No6A Public OCT, 09, 2019 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of t'he document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document ..._..___....__ _ Document gate: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by ign,er(s) Signer's Name: MARK D. IATAROLA Signer's Name: _. Ll Corporate Officer — Title(s): ___ _. 0 Corporate Officer — Title(s): �. E Partner — E Limited El General L] Partner — [-.] Limited E-I General *Individual X Attorney in Fact E Individual E,Attorney in Fact []Trustee E Guardian or Conservator D Trustee [J Guardian or Conservator I-a Other: _. El Other: Signer Is Representing: Signer is Representing: @2014 National Notary Association .www.NationalNotary.org . 1-800-LIS NOTARY(1-800-876-6827) Item#15907 6 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: JOHN G.MALONEY,HELEN MALONEY,MICHELLE M.BASUIL, and MARK D,IATAROLA 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(550,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the ['ollowing 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 ofthe 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." \\\t,14411111I1gJ/ -- munENAZ,y ,� ��lptt iyl 71//i yQ.Gpp,POq;tr•G� ZR o."�iyS' q ,.aP,......� By �f SEAL :n Steven P.Anderson,senior Tice President of Washington International Insurance Company SEAL P z: 1973 y n= S Senior Vice Presldcnt nS N nrth American Slteciolly Insurance Company //j/llff1111S1i14N\\\\\ By 'Jy'••..�••••}, Michael A.It ,Stator ic�msaTent a as inglon nterntiona nsurance onipnay lieR &Senior Vice President of Nortll 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 this 17111 day o1' September 2015 North American Specialty Insurance Company Washington International insurance Company State of Illinois County of Cook ss: On this l7th day of September ,20 17,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 Michael A. Ito. Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company,personally known to Inc.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. OFFICIAL SEAL. NOTARY Pl3BL1C,STATE OF Ill1N01S M.Kenny,Notary Public MY COMMISSION E7(PIRES 12l04l20t7 1, Jeffrev 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,l have set my hand and affixed the seals of the Companies this 23rd day of SEPTEMBER ,20 16 . Jeffrey Goldberg,Vice['resident&Assistant Secretary of Washington international Insurance Company&Nodh American Specialty Insurance Company r EXECUTED IN TRIPLICATE BOND NO. 2220307 PREMIUM INCLUDED M PERFORMANCE BONE) LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Regency- Pacific Develo meat p �S .' ereinafter designated as"Principal")have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the"Work"), which said agreement, dated September 20, 2016, and identified as CIVIC CENTER PLANTER SEATING AREA is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Thirty Three Thousand Dollars ($33,000.00) for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 3 (commencing with Section 9550)of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. CD 7 In witness whereof, this instrument has been duly executed by the Principal and surety above named, on SEPTEMBER 23 2016. (SEAL) (SEAL) REGENCY-PAWIC D1jyE[OPVFNT CCRPORADON NORTH AMERICAN SPECIALTY INSURANCE COMPANY ontrac r (Su t Aµ BY (Signature) MARK D. IATAROLA„(Signature) ATT RNEY-IN-FACT A dreSS:6 HUTTON CENTRE DRIVE, SUITE 850 (Seal and Notarial.Acknowledgement of Surety) SANTA ANA, CA 92707 Telephone ( 714 )55+0-7709 CD CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy, or validity of that document. State of California County of SAN DIEGO On 09/23/2(716 before me, JISSELLE MARIE SANCHEZ, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personafly appeared MARK D. IATAROLA Name(s) of Signero who proved to me on the basis of satisfactory evidence to be the person* whose name($) is/tee subscribed to the within instrument and acknowledged to me that heexecuted the same in his/-°r > authorized capacity", and that by his/heN4heif signature*on the instrument the person(, or the entity upon behalf of which the person( 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. JIS ELLE MAME COMM # 2129586 Z1, SAN DIL*GO COUNTY NOTAW NALIC-CALIFO RN�A Z Signature._ MYCOMMISSION LXPIRES Si na f Nota ublic OCT, Gig, 2019 Place Notary Seal Above 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. Description of Attached Document Title or Type of Document: __m_._.._.._..........._...._._.. Document Date: Number of Pages: — Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer(s) Signer's Name: MARK D. 1ATAROLA Signer's Name: Ll Corporate Officer — Title(s): L-1 Corporate Officer — Title(s): 11 Partner — E Limited ED General El Partner — U Limited Ll General U Individual X Attorney in Fact I I Individual F]Attorney in Fact El Trustee 0 Guardian or Conservator El Trustee iJ Guardian or Conservator Fj Other: 11 Other: Signer Is Representing- Signer Is Representing: @2014 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 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 tile State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: JOHN G.MALONEY,HELEN MALONEY,MICHELLE M.BASUIL, and MARK D.IATAROLA JOINTLY OR SEVERALLY Its true and lawful Attorneys)-in-Fact,to make,execute,seal and deliver, for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies.as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION(S50,000,000.00)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 ofthe 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." `��QGIAUTVjNS " ZIONpmvua 4�-'bft OR",llc-�2 - , SEAL :n= Steven r.Anderson,senior Vice President or Washing( Inirritationat Insarunce Cnmpany 8 6.5C�ALT� 3 0' 1873 cu.r) &Senior Vice Proldenf u(Norlh Amcrlcan Specialty Insurance Company 01 :m % IYiy&Q��I?SNy\L{'o$` Q Yr✓/ ! k \lichee)A.Ito, error ue rest eat orwasitinglon International InsuR-n-ce-V-ompany a�+ra3uraas &Seniar Vice President of Nonh American specialty Insmmice 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 this 17th day of September 2015 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 17th day of September ,2015 ,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 Michael A. Ito, Senior Vice President of Washington international Insurance Company and Senior 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. OFFICIAL SEAL NdTAITY PUBLIC,STATE OF ILllNOIS NA.Kesmy,1Votnry Public MY COMMISSION EJ(PIRES t2104120t7 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 23rd day of SEPTEMBER ,20 16 . � _.. "A Jeffrey Goldberg,Vice President&Assistant Secretary of Wnshingmn Iniemnumtal insurance Company&Nonh American specialty Insurance Company