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HomeMy WebLinkAboutContracts & Agreements_46-2017 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 21" day of March, 2017, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Cat Tracking, Incorporated (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 1 SCOPE OF WORK Contractor shall furnish all materials and perforin all of the work for the following HSIP CYCLE 4 - GREEN BIKE LANE ENHANCEMENTS, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's HSIP CYCLE 4 - GREEN BIKE LANE ENHANCEMENTS, City Project No. 41061 Federal Project No HSIPL-5083 (018). 2 THE CONTRACT SUM City shall pay Contractor the sum of$176,160 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 Nonce 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, Plans, General Conditions, General Requirements, Technical Specifications, and any addenda thereto 6 ATTORNEYS' FEES- In the event any Iegal 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 1 7 RESOLUTION OF CONSTRUCTION CLAIMS• Claims 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 S 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 anothei Party without the written consent of the Party 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 WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above City of Redlands (SEAL) (Owner) Mayor, City of Redlands, County of San Bernardino, California ATTEST- PofJerk, City Redlands ounty of San Bernardino, California (SEAL) 1 Cwt-r-no 1rc) Name of Contractor Signature of Authorized Agent X94-� Title Signature of Authonzed Agent(if necessary) )nlA Title T CA 1122._ Contractor's License No CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities&Engineering Department HSIP CYCLE 4 - GREEN BIKE LANE ENHANCEMENTS, City Project No. 41061 Federal Project No. HSIPL-5083 (018) Labor Code, Section 3700,provides, in part that "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 in one or more insurer 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 I am aware of the provisions of Section 3700 of the Labor Code which requires every employer 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 commencing the performance of the work of this contract (Labor Code section 1861) Dated this �- )dayof M(1hl l-� 2017 (Contractor) Q,,?'Yl q- -6-e� (Signature) rl-e-n (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 Duplicate Bond No 0715740 Premium $4,523 00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Cat Tracking, Incorporated (hereinafter designated as "Principal")have entered into an agreement dated March 21, 2017 ("Agreement") whereby Principal agrees to install and complete certain public improvements(tire"Work"),which said Agreement is identified as HSIP CYCLE 4—GREEN BIKE LANE ENHANCEMENTS, City Project No.41061, Federal Project No HSIPL-5083 (018)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 Allegheny Casualty Company , as Surety, are held and firmly bound unto the City in the penal sum of One Hundred Seventy Six Thousand, One Hundred Sixty Dollars ($176,160) lawful money of the United States, for the payment of which sum we bind ourselves, and out 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 stared to and abide by, and well and truly keep and perforin 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 mannei therein specified, and in all respects according to then trice intent and meaning, and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, mdenuiify 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 Rill 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 foi 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 of 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 undei 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; of 2 Obtain a bid or bids foi completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange foi a contract between such bidder and the City, and snake available as woik progresses sufficient fiinds to pay the cost of completion of the Work less the balance of the CD 5 Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, 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 not 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 fiirther participation in the completion of the Work No right of action shall accrue on the bond to of foi the use of any person of 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 of without suit, in addition to the above sum In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on March 23 ,2017 (SEAL) (SEAL) Cat Tracking, Inc Allegheny Casualty Company C tra it (Surety) Ce/YY1 19'1r BY A AA-O_�O Pam Follmer, (Signature) President Susan C Manteon(Signature) Attorney-in Fact AddressAve. Suite 250 (Seal and Notarial Acknowledgement of Surety) Anaheim CA 92806 Telephone. (714 ) 602-9170 CD 6 CALIFORNIA ALL-PURPOSE 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 Riverside On March 23, 2017 before me, Janelle L Tuominen Notary Public, Date Inserf Name of Notary exactly a$it appears on the official sea( personally appeared Susan C Monteon Names}of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and acknowledged to me that helshe/they executed the same in his/her/their authorized capacity(ies), JANELLE L TUOMINEN 6 and that by hislherltheir signature(s) on the instrument the Ohi COMM #2171404 acted, exe or the inthe stlrumenton ehalf of which the person(s) Notary Public California o Riverside County Comm Expires Dec 8,2020 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 ture of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer —Titles) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact ❑ Trustee OF ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top cf thumb here ❑ Other ❑ Other- Signer therSigner is Representing Signer is Representing- ry : :POWER :OF7 ATTORNEY INTERNATIONAL FIDELITY`INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK:CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL HIEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the taws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint JANELLE L TUOMINEN, SUSAN C MONTEON Riverside, CA their true and lawful attorney(s)in-fact to execute,seal and deliver for and on its behalf as sure and other writings obligatory in the nature thereof, which are or may be allowed required or permitted bydlalw,statuteonds n rule. egu action contract sorfotheiw�se and the execution of such fnstrument(s)) in pursuance of these presents,shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTYCOMPANI', as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers of their principal offices. yy intents y COMPANY and ALLEWNY CASUALTY COMPAbe NY ands granted under and byaeuthonty of the tollowingsresoINTERNATIONALutibtheD Board off DI ecto Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July,2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August,2000• "RESOLVED, that (1)the President, Vice President Chief Executive Officer or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of,Attorneys-in Fact or agents with power and authority as defined or limited in their respective powers of attorney and to execute on behalf of the Corporation and affix the Corporation's seal thereto,bonds undertakings, recognizances contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-controf custodians,agents for accepptance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of he Corporation;and f3)the signature of any such Officer k the Corporation and the Corporation's seri may be affixed by facsimile to any power of attorneyor certification given ffor the execution of any bond,undertaking,recognizance,hereafter indemnity or other written obligation in the nature thereof or related thereto,such signature and seals when so used whether heretofore or hereafter being hereby adoppted by the Corporation as the original signature of such officer and the original Seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed" IN WITNESS WHEREOF,. INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY haveeach executed and attested these presents on this 22nd day of July,20.14, tT Y ' ^� STATE OF NEW JERSEY County of Essext C SEAL irr, LU ' 1939 if ROBERT W.MINSTER Chief Executive Officer(international Fidel'�rr �E- Insurance Company)and President(AIIegF�eny SYLVAN Casualty Company) On this 22nd day of July 2014 before me came the individual who executed the preceding instrument,to me personally known;and, being by me duly sworn, said he:.is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and:h's.sgnature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Officiate Seal, Y,OR �� at the City of Newark,New Jerseythe da and my Y year first above written. 'i~ .•. \951 O,y". ' . NOTARY���•' 'r 4►.may, m i N�A E O 3.azc+9. A NOTARY PUBLIC OF NEW JERSEY ,++ FNEW ,,,a My Commission Expires April 16,2019 � +� CERTIFICATION 1,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the Copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct tran of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect scripts thereof,and of the whale IN TESTIMONY WHEREOF, 1 have hereunto set my hand this 23rd day of March, 2017 MARIA-B-R^ANCO,Assistant Setrotary J 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 San Bernardino County of ) On /��G1�1� �Yt� .?-CF7 before me, Stephanie Marie Acosta - Notary Public (insert name and title of the officer) personally appeared Pam Follmerwho proved to me on the basis of satisfactory evidence to be the person whose nameX is/AZ subscribed to the within instrument and acknowledged to me that,Wshe*XE�j1 executed the same in ids herltlTelr authorized capacity,(,i6�s, , and that by his/herltheipsignaturekg) on the instrument the persor>j, 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 STEPHANIE MARIE ACOSTA WITNESS my hand an fficial seal Notary Public California San Bernardino County i Z Commission#2176344 a jMr Comm Expires Dec 19,2020 Slgnatur (Seal) 6 Executed in Duplicate Bond No 0715740 Premium Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, and Cat Tracking, incorporated (hereinafter 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 March 21", 2017, and identified as HSIP CYCLE 4 — GREEN BIKE LANE ENHANCEMENTS, City Project No 41061, Federal Project No.HSIPL-5083 (018) 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 One Hundred Seventy Six Thousand, One Hundred Sixty Dollars and ($176,160) for materials furnished of laboi thereon of any kind, or foi 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 of addition CD 7 In witness whereof, this nish-ument has been duly executed by the Principal and surety above named,on March 23 32017 SEAL ) Cat Tracking, Inc Allegheny Casualty CompanyEAL ontt ctor � (Surety) Pam Follmer, (Signature) President Susan C Monteon (Signature) Attomey-in-Fact Address 9400 E,atella Ave Suite 250 (Seal and Notarial Acknowledgement of Surety) Anaheim, CA 92806 Telephone ( 714 ) 602-9170 CD 8 CALIFORNIA ALL-PURPOSE 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 Riverside On March 23, 2017 before me, Janelle L Tuominen Notary Public, Date Insert Name of Notary exactly as it appears an the official seal personally appeared Susan C Monteon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) JANELLE L TUOMINEN acted, executed the instrument COMM. #2i 71!404 � z Notary Public California I certify under PENALTY OF PERJURY under the laws of z Riverside County o the State of California that the foregoing paragraph Is true M)r Comm Expires Dec.8,2020 t and correct i Witness my hand and official seal j Signature Place Notary Seal AboveS qn ore of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document Description of Attached Document f Title or Type of Document Document Date Number of Pages. Signer(s) Other Than Named Above Capacity(les) Claimed by Signer(s) Signer's Name Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer-----Title(s) ❑ Corporate Officer Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact RIGAT T?4 MBPRIAT ❑ Attorney in Fact •■- ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer is Representing Signer is Representing r > ` 24 7200 Y2 206. - P OWEROFAT "Ok No, I.NTERNAT104AL-FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK,NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY,2 corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey do hereby constitute and appoint JANELLE L TUOMINEN, SUSAN C MONTEON Riverside, CA their true and lawful attorney(s)in-fact to execute,sea]and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed,required or Permitted by law,statute rule,reWulation contract or otherwise and the execution of such instrument(sWiRursu@n6e. of these presents shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCL COMPANY and ALLEGHENY CASUAL' COMPANY, as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal Offices This Power of Attorne is executed and may be revoked, pursuant to and b author%of the B�,-Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under t i of the to owinresolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 201h day of July 2011%and by the Board of Directors of ALLEGHENY CASUALTY COMPANY ata meeting duly held on the 15th day of August,2000 "RESOLVED that (1)the President Vice President Chief Executive Officer or Secretary of the Corporation shall have theower to appoint and to revoke the appointments of,Attorneys in Fact or agents with power and authority as defined or limited in their respective powers of attorney,and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds,undertakings, recognizances, contracts of indernni and other written obligations in the nature thereof or related thereto, and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint control custodians,agents for acceptance of process,and Attorneys in-fact with authority to execute waivers and consents an behalf of the Cor oration,and f3)the signature o any bond,undertaking,recognizance, �? Is sea[may be affixed by facsimile to any power of attorney or cewilfication given or the execution of any such 0 i1cer of the Corporation and the Corporation F, W zance, contract of indemnity Corporation's or other written obligation in the nature thereof or related thereto,su n nature and seals when Corporation,to be valid and binding upon the Corporation with the same force and effect as though I n officer n the original seal of the Offi so used whether heretofore or hereafter being hereby adopted by the Corporation as the original sl ature of such cr a manuavy affixed' IN WITNESS WHEREOF INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July,2014 Ty L K f. STATE OF NEW JERSEY �Vl County of Essex SEAL I.9044 1936 ROBERT W MINSTER Chief Executive Officer(international Fidelity Insurance Company)and President(Allegheny Yo, Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument to me Personally known and, being by me duly sworn said he is the therein described and authorized Officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY that the seals affixed to said instrument are the Corporate Seals of said Companies,that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies """'''r IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Newark,New Jersey the day and year first above written. ,0 sli-1yo 0 1. • o 41 a NOTARY •>- P ti a L I C ;A QQ Q1 A NOTARY PUBLIC OF 0.,NEW NEWJERSEY MY Commission Expires April 16 2019 CERTIFICATION I the undersigned Officer Of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By Laws of said Compa.rlies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF I have hereunto set my hand this 23rd day of March, 2011 -MARIA 8kAN6 01,A$"Pht S60retary J 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 San Bernardino County of On ACC W h j ,Z`-i-7 before me, Stephanie Marie Acosta - Notary Public r (insert name and title of the officer) personally appeared Pam Follmer �- who proved to me on the basis of satisfactory evidence to be the person whose nameXistgd- subscribed to the within instrument and acknowledged to me thatNjsheA*6y executed the same in Wher/99eir authorized capacity,(i+�, and that by h4s1her/1heIrsignaturek*- on the instrument the person0}, 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 STEPHANIE MARIE ACOSTA WITNESS my hand and o � ial seal Mi: Notary Public California Z .� San Bernardino County i Commission #2176344 Mr Comm Expires Dec 19,2020 Signature (Seal) JJ7 j