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HomeMy WebLinkAboutContracts & Agreements_203-2017 PUBLIC WORK CONSTRUCTION CONTRACT This Public Work Construction contract("Contract") is made and entered into this 30th day of August, 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 Siemens Industry Inc., 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 will perform all of the work for the following Triangle Park Relocation of Traffic Signal Cabinet and Removal/Replacement of Power Pedestal, complete, as required by the Contract Documents (as herein defined) and Specifications for City's Triangle Park Project(the"Work") 2 CONTRACT SUM City shall pay Contractor the sum of Thirty Eight Thousand Five Hundred Dollars ($38,500 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 required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300 3 TIME FOR COMPLETION The Work shall be completed within sixty calendar days (60) from and after the date of the delivery to Contractor of the 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 Five Hundred Dollars($500 00)for each consecutive calendar day in excess of the specified time for completion of the work Execution of this Contract shall constitute agreement by City and Contractor that Five Hundred Dollars ($500 00) 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, 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 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 I IcaldjmlAgreemeots\Traangle Park Construction Public Work Contract 2017 doc 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 8 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 1caldjmlAgreements\Triangle Park Construction Public Work Contract 2017 doe IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above City of edlands (SEAL) BY .Enrique nez ATTEST: J e Donaldson,City Clerk Siemens Industry, Inc Signature o .uthorized. t Sk". �rr�.G N./ �� �r✓r`[.L Title Signat6fe' of`Authorized Agent(if necessary) kcwA J e Contractor's License No 1 IcaldjmlAgreements\Tnangle Park Construction Public Work Contract 2017 doc f Bond Number 8245 68 25 Premium$200 00 FAITHFUL PERFORMANCE BOND Siemens industry Whereas,the City of Redlands r0 y'), State of Callfomla,and Inc (hereinafter designated as 'Principar) have entered into an agreement dated 9/5 ,2017(Agreernentj whereby Principal agrees to install and complete certain public improvements(the"Work',which said Agreement Is identified as " and is hereby referred to and made a part hereof,and `Triangle Park Relocation of Traffic Signal Cabinet&Removal/Replacement of Power Pedestal QOL07272017KG Whereas said Principal is required under the terms of the Agreement to furnish a bond for the faithful perfamance of the Agreement,now,therefore,we,the Principal and Federal Insurance Compan+yas Surety,are held end firmly bound unto the City In I the portal sum of Thirty-fidhtThausand Five Hundred and NO/Cents Dollars(S 38 500 00 )lawful money of Use United States,for the payment of which sum we bind ourselves, and our heirs,successors,executors and administrators,jointly and severally,firmly by t these presents The condition of this obliigaft is such that if the above bounded Principal, Ilia or its heirs, execub=, 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 f]me and in the manner therein specified,and In all respects according to their he 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 face and effect j As a part of the obligation secured hereby and In addition to the face amount spect@ed therefor, there shall be Included costs and reasonable expenses and fees,Including reasonable allomoye fees,incurred by the City in succx'<ssfuily enforcing such 1 obligations all to be taxed as costs and included in the judgment rendered, i As a condition precedent to the satisfactory coripleflon of the Agreement,the above obligation$half hold goof for a porion i of one(1)year or lord If required by the Agreement after the acceptance of the work by the City,during which fano it 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 frown the date of completion of the Vvork and resulting from or caused by defective materials or faulty I workmanship,the above obligation in penal sum thereof shall remain in full force and effect. i I The obligatlons of Surety hereunder shall conbnue so tong as any abiigatlon 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 betwen such bidder and the City,and make available as work progresses suffident funds to pay the cost of comptefion of the Work less the balance of the Agreement prim, 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 prim,'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 tie City may reject Any contractor or subcontractor wncch may be proposed by Surety in fulfiUrnant of its obligations in the event of default by the Principal CD-4 i=72720i7KG-Triangle Park Traffic Stinal Cabinet Relocation&€=ar PcdasW ReloealionfRernoval Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Nricipat for Oornpletion of the Work tf the City, when declaring the Principal in default, notifies Surety of the Cay s objection to the Pnncrpal's further participation in the completion of the Work. No[iaht of action shall accrue on the bond to or for the use of any person or corporaUon other than the City named herein or Me successors or assigns of the City Any suit tinder this bond must be Instituted within tate spplicable statute of limitations period The said Surety,for value received,hereby stipulates and agrees that no change,extension of time,aiteration or addition to Me terms of the agreement or to the work to bo performed thereunder or the Spec'ficaUms 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 tho 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 clam may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any allcrney In connecfson with the enforcement of this bond,each shall pay the City's reasonable attorneys'fees incurred,with or w thout sulE in addition to the above sum The Surety 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 speafications accompany:ng the same shad in any way afred its obligations on this bond,and if does hereby waive notice of any such charige,extension of time,alteration or addition to the terms of the agreement or to the work or to the specifications In witness whereof this instrument has been duly executed by the Principal and Surety above named, on September 5th '2017 (moi) (SEAL) Siemens Industry Inc Federal Insurance Company 13Y J II'''�� "�- a ) (Si Wr� Brittany Q Clavtn,Attorney In Fact ( �T �iU AdfheSs 701 Market 5tr ite 17.00 St Louis,MO 63101 (Sea]and Notarial Acknowledgement of Surety) Telephone; (314)621-5540 CD-5 4OLU727Wi7KG-]'rsargte Pafk Traffic Signal Cabinet Relocation&Power Pedestal Re;ocaBaiMcr=vai Chubb POWER Federal Insurance Company Attn. Surety Department OF Vigilant Insurance Company 1S Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07459 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation do each hereby constitute and appoint Pamela A. Beelfnan, Cynthia L. Choren, Brittany D Ctavin, Joann R Frank, Sandra L Hare, Heidi A Nothetsen, Karen L Roider and Debra C Schneider of St Louis,Missouri-._-------- -----------------------------------------each as as their true and.lawful Attorney in Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or othermse,bonds and undertakings and other vintings obligatory in the nature thereof(other than bast bonds)given or executed In the course of business and any Instruments amending or altering the some and consents to the modification or alteration of any instrument referred to in said bonds or obligations In witness Whereof said FEDERAL INSURANCE Ct T&ANY,VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on ibis°I} day of March,2016. Dav7n'M h�,ro, mlst,,ts,!Twy, Dav orris,Jr, ice Prep Y @I'9u14A ;4th @�YAt1P '4g� STATE OF NEW JERSEY ss County of Somerset On this 15` day of March, 2016 before me,a Notary Public of New Jersey personally came Dawn M Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY,the compameswhich executed the foregoing Power of Attorney and the said Davin M Chtoros being by me duly swaom did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knows the Corporate seals thereof,that the seals affixed to the foregoing Power of Attomey are such corporate seats and were thereto affixed by authority of the By Lavas of said Companies,and that she signed said Power of Altomey as Assistant Secretary of said Companies by like authonty, and that she is acquainted with David B Norris Jr and knows him to be Vice President of said Companies and that the signature of David B Norris Jr subscribed to said Power of Attorney is in the genuine handwriting of David B Norris,Jr,and was.thereto subscribed by authority of said By-Lays and In deponent's presence Notarial Sea] � A E` KATHERINE ►. �O � KArE J ADE TARy NOTARY PUBLIC OF NEWJERSEY �I p� No,231WM PUBLIC Commission Expires Judy 16,2013 / Notary Public JECERTIFICATION Extract from the Sy Lavas of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY 'Except as otherwise provided In these By Laws or by law or as otherwise directed by the Board of Directors,the President or any Vice President shall be authorized to execute and deliver,in the name and on behalf of the Corporation,all agreements,bonds contracts deeds mortgages,and other instruments,either for the Corporation's own account or in a fiduciary or other capacity,and the seal of the Corporation,if appropriate,shall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary The Board of Directors the President or any Vice President designated by the Board of Directors may authorize any other officer employee or agent to execute and deliver, in the name and on behalf of die Corporation, agreements bonds contracts,deeds,mortgages, and other instruments either for the Corporation's own account or in a fiduciary or other capacity and if appropriate,to affix the seal of the Corporation thereto The grant of such authority by the Board or any such officer may be general or confined to specific instances' I Dawn M Chloros Assistant Secretary of FEDERAL.INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the Companies} do hereby certify that (l) the foregoing extract ofthe By Laws of the Companies is true and correct (h) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of Amercca and the Distriot of Columbia and are authorized by the U.S Treasury Departmeft further Federal and Vigilant are licensed In the U S Virgin Islands.and Federal is licensed in Guam,Puerto Rico,and each of the Provinces of Canada except Prince Edward Island,and (iii) the foregoing Power of Attomey Is true,correct and in full force and effect Given under my hand and seats of said Companies at Warren,NJ this 5th d a y of September, 2017 Y Davin LalOh,,, sir n Secry reta INTHF EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERWY THE AUTHENT3CtTY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS LISTED ABOVE OR BY Tatevhone(90a)903 3493 rmc(908%903-3656 o-mait uuro1,v0chubb.wm Form 15-14-DU58 U GEN CONSENT(rsv 07 15) r FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2016 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (86,990) Outstanding Losses and Loss Expenses $ 11,482,308 United States Government,State and Unearned Premiums 2,723,875 Municipal Bonds 8,135,311 Ceded Reinsurance Premiums Payable 566,868 Other Bonds 5,471,330 Provision for Reinsurance 29,339 Stocks 130,689 Other Liabilities 1,144,976 Other Invested Assets 1,289,903 TOTAL INVESTMENTS 14,940,243 TOTAL LIABILITIES 15,947,366 Investments in Affiliates Chubb investment Holdings Inc 3,727,406 Capital Stock 20,980 Pacific Indemnity Company 2,926,619 Paid-In Surplus 3,106,809 Executive Risk Indemnity Inc 1,250,965 Unassigned Funds 8 296,020 Great Northern Insurance Company 504,162 Vigilant Insurance Company 319,505 Chubb European Investment Holdings,SLP 277,361 SURPLUS TO POLICYHOLDERS 11,423 809 Chubb Custom Insurance Company 214,956 Chubb National Insurance Company 162 929 Chubb Indemnity Insurance Company 1'63,668 Other Affiliates 70,204 Premiums Receivable 1,510 107 Other Assets 1,303,050 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS $ 27,371,175 TO POLICYHOLDERS $ 27,371,175 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners At December 31,2016, investments with a carrying value of$565,702 495 were deposited with government authorities as required by law State County&City of New York, — ss Dawn M Chloros,Assistant Secretary of the Federal Insurance Company being duly sworn,deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31 2016 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2016 Subscribed and sworn to before me this March 3 2017 mw'_)n auxFz JEANETTE SHIPSEY Assistant Secretary Notary Public,State of New York ?4"�Nlota Public No 02SH5074142 Qualified in Nassau County Commission Expires March 10 2010 Form t5 10-0313A(Aev 3/171 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 Riverside County of ) August 31, 2017 before me, Candace Gallaher - Notary Public (insert name and title of the officer) personally appeared Steven Teal who proved to me on the basis of satisfactory evidence to be the persoro) whose names) Ware— subscribed to the within instrument and acknowledged to me that he/64;� executed the same in his/hertthek authorized capacity(le5j, and that by his/herAheir signature( yon the instrument the person(4, or the entity upon behalf of which the person(s'j 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 CANDACE GALLAHER WITNESS my hand and official seal Commission#2111338 a Notary Public-California i J orange Courcy MV Comm Expires Jul 24,2019 Signature (Seal) J{ II Bond Number 8245 68 25 Premium included in Periormance Bond LABOR AND MATERIAL PAYMENT BOND Whereas,the City council of the City of Redlands,State of California,and Siemens Industry Inc (her&nafiier designated as"Prkicip r)have entered into an agreement(the Agreemenij whereby Principal agrees to lnslall and complete certain designated public improvements(the Vork°),which said agreement,dated September 5th �,2017,and identified as is hereby referred to and made a part hereof;and *Triangle Park Relocation of Traffic Signal Cabinet&Removal/Replacement of Power Pedestal QOL07272017KG Whereas,under the terms of the Agreement,Principal is required bafore commencing upon the performance of the Work,to ile a good and sufficient payment bond with the City of Redlands to same the claims to which reference is made in TW 3(commenchrg with Section 9000)of Part 6 of Division 4 of the Civil Code of the State of California, Now, therefore, std Principal and the undersigned as corporate surety, are herd firmly bound unto the city and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civill Procedure in the sum of ** Dollars($38,500 001 for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or tabor,that said surety will pay The same in an amount not exceeding the amount hereinabove set forth,and also in case suit fs 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*axed as costs and to be included in the-judgment therein rendered Thirty-Eight Thousand Five Hundred and NO/Cents Itis hereby expressly stipulated and agreed that this bond shall Insure to the benefit of any and all persons,companies and corporations entitled to hie claims under Title 3(commencing vrith Section 9400)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 suis brought upon this bond. Should the condition of this bond be fully perfomtad,then this obtigation shall become null and void,othermse It shall be and remain in fun force and effect. The surety hereby stipulates and agrees that no change,extension of fime,alfaration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect ifs obligations on this bond,and it does hereby valve notice of any such orange, extension of time,alteration or addition In witness whereof,this instrument has been duly executed by the Princll:iat and surety above named,on September 5th 2017 (SEAL_) (SEAL) Siemens Industry Inc --Federal insurance Company \ (Contractor) (surety) �� BY, (r /t1�� (SiQnatGe) (Signature) Brittany D Clavin ttor y In-Fact Address 701 Market Street,Sui 100 St Louis,MO 63101 (Seal and Notarial�Ack Cnolwledgmenl of Surety) Telephorie(314) 621 5540 41 CD-6 QOL0721'20171<G-Triangle Park Traffic Signal Cabinet Reioca6nn&Power Pedestal RelocatioNRemovaf Chubb OF Federal Insurance Company Attn. Surety Department OF Vigilant Insurance Company 15 Mountain View Road Surety ATTORNEY pacific Indemnity Company Warren, NJ 07069 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation and PACIFIC INDEMNITY COMPANY a Wisconsin corporation, do each hereby constitute and appoint Pamela A. Beelman, Cynthia L Choren, Brittany D. Glavin, Joann R Frank, Sandra L Haar, Heidi A. Notheisen, Karen L Raider and Debra C Schneider of St Louis,Missouri each as their true and lawful Attorney-in Fact to execute under such designation in their names and to affix their corporate seals to and detiver for and on their behalf as surety thereon or otherwise bonds and undertakings and other writings obligatory in the nature thereof(other than WTI bonds)given or executed in the course of business,and any Instruments amending or altering the same and consents to the modification or alteration of any instrument referred to in said bonds or obiigaUons in Witness Whereof said FEDERAL INSURANCE COTEtANY,VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals an this I day of March,2016, 7 Dawn C ams,Assistant Secretary Davi o s,Jr,Vice Prep * (Do tit,, o STATE OF NEW JERSEY ss County of Somerset on this 1 st day of March, 2016 before me,a Notary Public of New Jersey personalty came Dawn M Chloros to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY the companies which executed the foregoing Power of Attorney,and the said flavor M Chimes, being by me duly swom did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By Laws of said Companies,and that she signed said Power of Attomey as Assistant Secretary of said Companies by tike authority- and that she is acquainted with David B Norris,Jr,and knows him to be Vice President of said Companles and that the signature of David B Norris,Jr,subscribed to said Power of Attorney Is in the genuine handwriting of David B Norris,Jr,and was thereto subscribed by authority of said By Laws and in deponents presence Notaflal Seal J KATHE=RINE J ADELAAR NOX... ►.� TARY NOTARY PUBLIC OF NEW JERSEY do-$-we No,gal N85 pgOLIG COMMIsslon Expires July 16,2()19 Notary Public JET CERTIFICATION Extract from the By-Laws of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY Except as otherwise provided In these By-taws or by law or as otherwise directed by the Board of Directors the President or any Vice President shall be authorized to execute and deliver in the name and on behalf of the Corporation all agreements,bonds,contracts,deeds mortgages and other Instruments enter Tor the CatPrali fn's own account or in a fiduciary or other capacity,and the seal of the Corporation it appropriate &hall be affixed thereto by any of such officers or the Secretary or an Assistant Secretary The Board of Directors the President or any Moe President destgnated by the Board of Directors may authorize any other officer,employee or agent to execute and deliver In the name and on behalf of the Corporation,agreements bonds contracts deeds mortgages and other Instruments,either for the Corporation's own account or in a fiduclary or other capaaty,and If appropriate to affix the seal of the Corporation thereto The grant of such authority by the Board or any such officer may be general or confined to specific instances Dawn M Chloros Assistant Secralary of FEDERAL INSURANCE COMPANY VIGILANT INSURANCE COMPANY and PACIFIC INDEMNITY COMPANY(the Companies") do hereby certify that (i) the foregoing extract of the By taws of the Companies Is true and correct (li) the Companies are duly licensed and authorized to transact surety business In all 50 of the United Slates of America and the District of Columbia and are authorized by the U.S Treasury Departmer>E further f=ederal and Vigilant are licensed in the U.S Virgin Islands and Federal is licensed in Guam Puerto Rico;and each of the Provinces of Canada except Prince Edward Island,and (cit) the foregoing Power of Attorney is true,correct and In full farce and affect Given under my hand and seals of said Companies at Warren,NJ this 5th day of September, 2017. 0(0 (2 -UQ Dawn MInroa Assistant Secre ' -�a �k�A I H I IN THE EVENT YOU WISH TO NOWY US OF A CLAIM VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTACT US AT ADDRESS 11 LISTED ABOVE ORGY ToToohone M001 901 3493 Fax{909}g09-313% u-mail aur&ly(pchubt�,cam , Form 15.10 02.25131 U GEN CONSENT(rev 07 15) L INSURANCEC Y STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31,2016 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments $ (86,990) Outstanding Losses and Loss Expenses $ 11 482,308 United States Government,State and Unearned Premiums 2,723,875 Municipal Bonds 8,135,311 Ceded Reinsurance Premiums Payable 566,868 Other Bonds 5,471 330 Provision for Reinsurance 29,339 Stocks 130,669 Other Liabilities 1,144,976 Other Invested Assets 1,289,903 TOTAL INVESTMENTS 14,940,243 TOTAL LIABILITIES 15,947,366 Investments in Affiliates Chubb Investment Moldings, Inc 3,727 406 Capital Stock 20 980 Pacific Indemnity Company 2926,619 Paid In Surplus 3,106 809 Executive Risk Indemnity Inc 1,250,965 Unassigned Funds 8,296,020 Great Northern Insurance Company 504,162 Vigilant Insurance Company 319,505 Chubb European Investment Holdings,SLP 277,361 SURPLUS TO POLICYHOLDERS 11 423 809 Chubb Custom Insurance Company 214,956 Chubb National Insurance Company 162,929 Chubb indemnity Insurance Company 163,668 Other Affiliates 70,204 Premiums Receivable 1,510,107 Other Assets 1,303,050 TOTAL LIABILITIES AND SURPLUS TOTAL ADMITTED ASSETS $ 27 371.175 TO POLICYHOLDERS $ 27 371,175 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners At December 31,2016 investments with a carrying value of$565 702,495 were deposited with government authorities as required by law State County&City of New York, --- ss Dawn M Chloros,Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31,2016 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31,2016 Subscribed and sworn to before me this March 3,2017 JEANETTE SHIPSEY Assistant Secretary Notary Public State of New York Notary Public V No 02SH5074142 Qualified in Nassau County Commission Expires March 10 2019 Form 15-10-0313A(Rev 31171