HomeMy WebLinkAboutContracts & Agreements_42-2017 i
PUBLIC WORK CONSTRUCTION CONTRACT
'nd day of
This Public Work Construction contract ("Contract") is made andentered cin ont
his
niorganized and
March, 2017, by and between the City of Redlands, a palo iP
ny
existing under the laws of the State of sometimesCtralctorernia ( indivhereinafter idually referred to herein AB Fence as a
hereinafter ("Contractor") City and Co
"Party" and,together, as the"Parties"
In consideration of the mutual promises contained herein, City and Contractor agree as follows
1 SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for
the following Provide and Install approximately 650� ° � pgh Chain eF1
ng with
Top Rail for the City's Corporate Yard Facilities �d�gedestrian Gates Shdg
Vehicle Gates (4) and Razor Wire(the"Work")
2 CONTRACT SUM. City shall pay Contractor the sum of Forty Thousand Five Hundred
Eleven Dollars ($40,51100) 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 22304, Contractor has the
option
deposit
hheld bysecurities
City pursuant to an escrow
escrow agent as a
substitute for retention of earnings required to be
agreement as set forth in Public Contract Code section 22300
3 TIME FOR COMPLETION: The Work shall
completed
of the Notice to Proceed bySCrtyendar
days from and after the date of the delivery to Contractor
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 tContractor, the sine cum of Five Hundred Do lars ($500)
Contractor shall pay to
City, or have withheld from monies due
to for each consecutive calendar day in excess of the specified time for completion of the work
Execution of this Contract shall constitute Contract by City and Contractor that Five Hundred
Dollars ($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 liquidated damages and shall not be
construed as a penalty, and may be deducted from payments due the Contractor if such delay
occurs
5 CONTRACT DOCUMENTS: This Contract incorporates by reference the following Notice
Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement
Performance, Labor and Material Bond, Plans, General Conditions, Special Provisions and
Specifications, and any addenda thereto (collectively the"Contract Documents")
6 ATTORNEYS' FEES: In the event any legal action is commenced to enforce or interpret the
terms or conditions of the Contract Documents, revailing Party in such
its reasonable attorneys' fee,s in
ncuding
dition
to any costs and other relief, shall be entitledo
fees for use of in-house counsel by a Party
I lcald}rnlAgreements\AB Fence Company-Contract docx
7 RESOLUTION OF CONSTRUCTION CLAIMS Any claims by Contractor in the amount
of Three Hundred Seventy Five Thousand Dollars ($375,000) or less shall be made by
Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 15
of the Public Contracts Code (commencing with Section 20104) All claims shall be in writing
and include the documents necessary to substantiate the claim Nothing in Public Contracts
Code Section 20104 2 shall extend the time limit or supersede the notice requirements provided
for the filing of claims by Contractor
$ ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR- Contractor and all of its
subcontractors shall abide by Public Contract Code Section 6109 and Labor Code sections
1777.1 and/or 1777 7, and certify that they are not debarred and are eligible to perform the
Work
9 ASSIGNMENT OF AGREEMENT- No assignment by Contractor of any rights or interests
under this Contract shall be binding on the City without the prior written consent of the City
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
I 1ca\djm\AgreementslAB Fence Company-Contract docx
IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first
written above
City of Redlands
(SEAL)
By. — /inez,
Enri My Manag
ATTEST.
J Ane Donaldson, City Clerk
(SEAL)
A rence Company
By
j �a4�4 �
Signature of Au onzed Agent
,Nyk ur
Title
Signature of Authorized Agent(if necessary)
Title
G `"{r�
SD3's-
Contractor's License No
I Icaldjm\Agreements\AB Fence Company-Contract docx ORIGINAL
e
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract
Every employer, except the State, shall secure the payment of compensation in one or more of
the following ways
a By being insured against liability to pay compensation by
one or more insurers duly 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 self-insure and to
pay any compensation that may become due to his or her employees
CHECK ONE
am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for Workers' Compensation or to undertake self-
insurance
elfinsurance in accordance with the provisions of that Code, and I will comply with such provisions
before commencing the performance of the work and activities required or permitted under this
Agreement (Labor Code §1861)
I affirm that at all times, in performing the work and activities required or permitted under
this Agreement, I shall not employ any person in any manner such that I become subject to the
workers' compensation laws of California However, at any time, if I employ any person such
that I become subject to the workers' compensation laws of California, immediately I shall
provide the City with a certificate of consent to self-insure, or a certification of workers'
compensation insurance
I certify under penalty of penury under the laws of the State of California that the information
and representations made in this certificate are true and correct
Dated this �day of Fe"2017
(Contractor)
�� (Signature)
Jl-t,Y 1LV
(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)
11caldjmlAgreements\AB Fence Company-Contract docx ORIGINAL
Bond Number CE 11590300030
Premium $1,215 00
Premium is for contract term and subject to
adjustment based on final contract price
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City") State of California, and AB Fencing Company
(hereinafter designated as "Principal") have entered into an agreement dated February 82017,
("Agreement") whereby Principal agrees to install and complete certain public trnproveme. s (the
"Work"),which said Agreement is identified as Corporate Yard Fencing Project and is hereby re ed 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
AB Fencing Company, Surety, are held and firmly bound unto the City in the penal sum of Forty
Thousand Five Hundred Eleven Dollars ($40,51100)lawful money of the United States, for the payment
of which sum we bind ourselves, and our heirs, successors, executors and administrators, jouitiy and
severally,firmly by these presents
The condition of this obligations is such that if the above bounded Pnncipal, his or its heirs,
executors, administrators, successors or assigns, shall m all things stand to and abide by, and-�ell 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 an in the
manner therein specified, and in all respects according to their true intent and meaning, d shall
faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, i emnmfy
and save harmless the City and its elected officials, officers, agents and employees, as thereon 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 ere or,
there shall be included costs and reasonable expenses and fees, including reasonable attorne s' 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 o. ligation
shall Bold 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 snake full,complete, and satisfactory
during repair and replacements and totally protect the City from loss or damage made evident dung# s period
from the date of completion of the Work, and resulting from or caused by defective materials�r 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 promptl 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 trms 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 av ilable as
work progresses suffictent fonds to pay the cost of completion of the Worl less the
balance of the Agreement price,but not exceeding,including other costs and damages. for
ra
which Surety may be liable hereunder, the amount set forth above The ter "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
I IcaldjmlAgreementslAB Fence Company-Contract docx AL ! y
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 D�ust 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 tune, alteration or addition to the term of the
Agreement or to the work or to the specifications
No ficial 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 attoir ears' fees
incurred,with or without suit,in addition to the above sum
In witness whereof, this instruinent has been duly executed by the Principal and Surety above
named,on March 8th 2017
(SEAL) (SEAL)
A4 Fence Corppanv Philadelphia Indemnity Insurance Company
gkhotv y BY
(Signature) Michael G H(Signature)all, Attorey-In-Fact
Address 251 S Lake Ave, Suite 360, Pas dens, CA 91101
(Seal and Notarial Acknowledgment of Telephone( } 818-333-5196
Surety)
i
11ca1djmlAgreemerus\AB Felice Company-Contract docx 1 9 i
T t 1--PAW .-n- XIMIWAII AIrr�.uu..
i
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 LOS ANGELES }
On1� before me, R RANGEL
- triune insert name arta true or the onicer)
personally appeared MICHAEL G HALL
who proved to me on the basis of satisfactory evidence to be the person(s) whose
names-)(sure subscribed to the within instrument and acknowledged to me that
pltshe/they executed the same in ails erlthelr authorized capacity(ie-s), and that by
Cis-therlthelr signature(s) on the Instrument the person(a), or the entity upon behalf of
which the person(s-) acted, executed the Instrument
certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph Is true and correct
R.RANGEL It
TN my an nd official seal
comm. #207'4109 m
WNO"Pubbe Caiffomta Lo
LOS ANGELES COUNTY
arviMy Gomm.Ei�AUG 7,tots
yl
Iota-yubfic ign (Notary Public Seal)
ADDITIONAL OPTI NAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This farm complies with current California stannes regarding notary wording and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the docunient Acknohredgents from
other states map be completed for documents being sent to that state so long as the
xvording does not require the California notaq to violate California noiarnv 1011
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment
+ Date of notarization wrist be the date that the signer(s)personally appeared which
(Title or description of attac=hed document continued) must also be the same date the acknowledgment is completed
• The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comina and then your title(notary public)
Print the namc(s) of document signer(s) who personally appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i e
Fre/she/they-is lane)or circling the correct forms Failure to correctly indicate this
❑ Individual (s) information may lead to refection of document recording.
❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible
Impression must not cover text or lines If seal impression smudges re seal if a
(Title) sufficient area permits otherwise complete a different acknowledgment form
El Partner(s} • Signature of the notary public inust match the signature en file with the office of
the county clerk
❑ Attorney-In-Fact Addiuonal information is n�� g f l4 i to ensure ibis
❑ Trustee(s) acknowledgment is not misu d h' o,aeet oannent
Indicate title or type of attach d et n, iflnSer of pd s and date.
❑ Other Indicate the capacity claimed by the signer If the claimed capacity is a
corporate officer,indicate the title(i e.CEO CFO Secretary)
6 Securely attach this document to the signed document with a staple
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company) a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint MICHAEL E CUNDIFF,MICHAEL G HALL KENNTH HUFF
CHRISTINA GHARIBIAN JAKE SITZMANN BRIAN DANIELS AND STANLEY ENG OF PHILADELPHIA INDEMNITY INSURANCE COMPANY, its true
and lawful Attorney in fact with full authority to execute on its behalf bonds,undertakings recognizances and other contracts of indemnity and writings obligatory in
the nature thereof,issued in the course of its business and to bind the Company thereby in an amount not to exceed$25 000.000 00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'1'of November,2016
RESOLVED That the Board of Directors hereby authorizes the President or any Vice President of the
Company. (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings contracts of indemnity and
other writings obligatory in the nature thereof and to attach the sea] of the Company
thereto and (2) to remove at any time, any such Attorney-in-Fact and revoke the
authority given And,be it
FURTHER
RESOLVED That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile,and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SF.ALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14TH DAY OF NOVEMBER 2016
(Seal)
Robert D 0 Leary Jr, President&CEO
Philadelphia Indemnity Insurance Company
On this 140'day of November 2016,before me came the individual who executed the preceding instrument,to me personally known and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY that the seal affixed to said instrument is
the Corporate seal of said Company that the said Corporate Seal and his signature were duly affixed
COHNONWE1,tTH 0I PENNSnY IA
Xolartal 5u1
Nara Horerd wary Pubil[
Lowe Marlen TwD•� Nrni�amary county HY rCpmm sf Lbn Exyrea lan 6,20 L6 �/}
Notary Public
residing at Bala Cvnwvd PA
(Notary Seal)
My commission expires- January 8 2018 S
AkBoardof PHILADLLPHIA INDEMNITY INSURANCE COMPANY,do hereby certify that the foregomL f,Edward Sayago Corporate Secreta egOlLL of
Secretary
Directors and this Power of Attorney issued pursuant thereto on this 14°i day of November,2016 are true and correct and are still in full force and effect 1 do further
certify that Robert D O Leary Jr who executed the Power of Attorney as President was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY ��aa
In Testimony Whereof l have subscribed my name and affixed the facsimile seal of each Company this 91H& day of�Lr'�!/IV '20 17
•
Edward Sayago,Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
Bond Number CE 1151030003
Premium included in performance bond
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and AB Fencing
Company (hereinafter designated as "Principal") have entered into an agreement (the "Agreement")
whereby Principal agrees to install and complete certain designated public improvements (the "Worle'),
which said agreement, dated February 8, 2017, and identified as Corporate Yard Fencing Project
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 F'ledlands
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 personas employed in
the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of
Forty Thousand Five Hundred Eleven($40,511 00) for materials furnished or labor thereon of y kind,
or for amounts due under the Unemployment Insurance Act with respect to such work or labor,t riat 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 band shall insure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 3 (commencing with Sectin 9550)
of Part b of Division 4 of the Civil Code, so as to give a right of action to them or their assigns ria 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 a ditlon 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
In witness whereof, this instrument has been duly executed by the Pnncipal and surCy above
named,on March 8th 201
(SEAL) (SEAL)
AB Fence Company Philadelphia Indemnity Insurance Companv
' (Surety)
V(Signature)
trBY
(Signature) Michael G Hall, Attorney-[n-Fact
Address
251 S Lake Ave, Suite 360 Pasaden% CA 91101
(Seal and Notarial Acknowledgment of Telephone( ) 818-333-5196
Surety)
t - 6
I lcaldamlAgreementslAB Felice Company-Contract docx
ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
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 LOrS� ANGELES }
On 'S01-U g before me, R RANGEL ,
(Here insert name and title of the officer)
personally appeared MICHAEL G HALL
who proved to me on the basis of satisfactory evidence to be the person(&) whose
nameO Is re subscribed to the within Instrument and acknowledged to me that
Ee he/they executed the same In Is er/their authorized capaclty(les), and that by
Is erltheir signature(s) on the instrument the person(--), or the entity upon behalf of
which the personO 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 official seal RANGIw
Y �-amycomm.
CO #2074109 r;
#0WV Pubk-Calftnla 4s
LOS ANGELES COUNW
Comm E.xp A%711,2018 i
e ry PuVic Sig (Notary Public Seal)
s s
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
This form complies with current California statutes regarding notary wording and
DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should he conipleted and attached to the document Acknolrvedgentsf oni
other states may be completed for documents being sent to that state so long as the
ivording does not require the California notary to violate California notary laiv
(Title or description of attached document) • State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment
• Date of notarization must be the date that the signer(s)personally appeared which
(Title or description of attached document continued) must also be the same date the acknowledgment is completed
+ The notary public must print his or her name as it appears within his or her
Number of Pages Document Date commission followed by a comma and then your title(notary public)
• Print the name(s) of document signer(s) who personally appear at the time of
notarization
CAPACITY CLAIMED BY THE SIGNER • indicate the correct singular or plural forms by crossing off incorrect forms(i.e
Iselshe/they—is/are)or circling the correct forms Failure to correctly indicate this
❑ Individual (s) information may lead to rejection of document recording
❑ Corporate Officer + The notary seal impression must be clear and photographically reproducible
impression must not cover text or lines If seal impression smudges re-seal if a
(Title) sufficient area permits otherwise complete a different acknowledgment form
❑ Partner(s) • Signature of the notary public must match the s)qapn file A,ith.the office of
the county clerk i ;, 'i .4 r'
❑ Attorney-In-;=act . Additional information is not requirOW.but icgUkijl ielp tri 'N'' this
❑ Trustee(s) acknowledgment is not misused or attached to a different document
Other Indicate title or type of attached document number of pages and date.
❑ Indicate the capacity claimed by the signer If the claimed capacity is a
corporate officer,indicate the title(i.e CEO,CFO,Secretary)
2015 Version www NotaryClasses Com 800-573 9865 • Securely attach this document to the signed document with a staple
PHILADELPHIA INDEMNITY INSURANCE COMPANY
One Bala Plaza,Suite 100
Bala Cynwyd PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS That PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company) a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania does hereby constitute and appoint MICHAEL E CUNDIFF,MICHAEL G HALL KENNTH HUFF
CHRISTINA GHARiBIAN JAKE SITZMANN BRIAN DANIELS AND STANLEY ENG OF PHILADELPHIA INDEMNITY INSURANCE COMPANY, its true
and lawful Attorney in fact with full authority to execute on its behalf bonds undertakings recognizances and other contracts of indemnity and writings obligatory in
the nature thereof issued in the course of its business and to bind the Company thereby in an amount not to exceed$25,000,000 00
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14"'of November 2016
RESOLVED. That the Board of Directors hereby authorizes the President or any Vice President of the
Company (l) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to
execute on behalf of the Company bonds and undertakings contracts of indemnity and
other writings obligatory in the nature thereof and to attach the seal of the Company
thereto and (2) to remove, at any time, any such Attorney-in-Fact and revoke the
authority given And be it
FURTHER
RESOLVED- That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached
IN TESTIMONY WHEREOF PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND
ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14Tu DAY OF NOVEMBER 2016
(Seal)
Robert D O Leary Jr President&CEO
Philadelphia Indemnity Insurance Company
On this 10 day of November,2016,before me came the individual who executed the preceding instrument,to me personally known and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY that the seal affixed to said instrument is
the Corporate seal of said Company that the said Corporate Seal and his signature were duly affixed
CONXOXWEAtTM OF PENNSTLVAN
1 Notarial seal
Mora Mo.ard,Notary Poblle
lower nN1en TWP. Honlpoaury cayrty
NV Commission E WAS An 6,20ib
ro- 1 n Notary Public
residing at Bala Cvnwvd PA
(Notary Seal)
My commission expires January 8 2018
I Edward Sayago,Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY do hereby certify that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 14"day of November,2016 are true and correct and are still in full force and effect i do further
certify that Robert D O'Leary Jr who executed the Power of Attorney as President was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY A"o
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 911Vdayof r 2017
Edward Sayago,Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY