HomeMy WebLinkAboutContracts & Agreements_189-2014_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this 16`h day of
September, 2014, by and between the City of Redlands, a municipal corporation organized and
existing under the laws of the State of California, (hereinafter "City"), and Three Peaks
Corporation (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 perform all of the work for the
following: I-10 UNDERPASS BEAUTIFICATION PROJECT complete all items as required
by the Contract Documents (as herein defined) and Specifications for City's 1-10 UNDERPASS
BEAUTIFICATION PROJECT,PROJECT NO.41054.
2. THE CONTRACT SUM: City shall pay Contractor the sum of$215,370 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 55 calendar days from and
after the date of the delivery to Contractor of a written Notice to Proceed by City. Physical work
at site must commence within 7 calendar days after the issuance of the Notice to Proceed.
Otherwise, a penalty of$2,000 per calendar days shall be assessed.
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$2,000 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 $2,000 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, Special
Conditions, Special Provisions and 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.
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.
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 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By:_ 4 kl
Mayor,diffy of Redlands,
County of San Bernardino,California
ATTEST:
City Cfeik—,Cif Rdlands
Cotmty of San Bernardino,California (SEAL)
Name of Contractor
By:
Signature of AuWerr izld Agent
Tlgeslr> -r
Title
Signature of Authorized Agent(if necessary)
Title
— 9.41
Contractor's License No.
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities &Engineering Department
1-10 UNDERPASS BEAUTIFICATION PROJECT
Project No.41054
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 2AY of September,2014.
(Contractor)
r (SIgnature)
(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.)
Executed in Duplicate Bond No.:ASB558
Premium:$4,231.00
FAITHFUL PERFORMANCE BOND Premium ts for Contract Term and Subject to
Adjustment Based on Final Contract Price
Whereas, the City of Redlands ("City"), State of California, and Three Peaks Corporation
(hereinafter designated as "Principal") have entered into an agreement dated September 16, 2014
("Agreement") whereby Principal agrees to install and complete certain public improvements
(the "Work"), which said Agreement is identified as I-10 UNDERPASS BEAUTIFICATION
PROJECT, PROJECT NO. 41054 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,
*as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Fifteen
Thousand,Three Hundred Seventy Dollars ($215,370) 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.
*I•Iudson Insurance Company
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, 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,
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
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.
In witness whereof, this instrument has been duty executed by the Principal and Surety
above named,on .....september 26 , 2014.
(SEAL) (SEAL)
Three Peaks Corp. Hudson Insurance Company
Z44
Contractor)
BY:&(S—ignat�ure) Ryto F Warn*&Anwney- -aa (Signature)
Address:
. L(�o wLillijan street5thf-1Q-OL-----
(Seal and Notarial A c know]edgement of Surety) —_Njv�L�r .N�1
Telephone: ( 212
978-2800
CALIFORNIA
STATE OF CALIFORNIA
County of
On before me, Janice R. Martin Notary'Public,
-- �_ .�w
r8 P a
of ftirolary exacfly Ads rf ar7 Ars on V.ie official sira
personally appeared cyan E.Warnock --
�rte:t�,j rpt Simi? r(sj
who proved to me on the basis of satisfactory evldence t
e the person(Mb whose narne istft subscribed to the
within instr=ument and acknowledged to me that het
executed the same in hisftfffiWt authorized capacity( , h,
JANlCE R. MARTN and that to hiss!
COMM, �� y ,� igrsature(Q'orr the instrument the
personN, or the entity upon behalf of which the p rson(%
N PY PUBLIC-CALIFORmA 0 acted, executed the instrument.
SAN DEGO COUNTY 0
M YiME ssion Expires
m.u
l certify under PENALTY OF PERJURY under the laws of
the State of California that the foregolnq paragraph is true
and correct,
Witness m hand and official seat.
ignature ,,_-_—
POce Noury Seal Above $1,11� r o No, Pul He Jani , Martin
OPTIONAL -- I I
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 AffachedDocument
Title or Type ofDocument:
Document ?ate: m� ._ _ Number of Pages.
Signer(s)Other Than Named Above.
+ a ci#y(i s)CClaimed ed y Signer(s
Signer's Name:� _..._ Signer's Name:
Individual Individual
L' Corporate Officer--Titles): Corporate Officer . Title s
I Partner El Limited 3i genera&
L3 Partner C Limited El Cerrerat
CV� Attorney in Fact Attorney in pact FTop
Trustee [� Trustee
f uarrliar or on er ator Top of thumb here � uarriian rsr csnser�ratric ref tf�umb here
E] Other: tither::
Signer isRepresenting: &9ner is Representing,
`i° \ � U D O N ALNT-10-1314
POWER OF ATTORNEY
KNOW ALL MEN BY TI-IESE PRESENTS: That HUDSON INSURANCE COMPANY,a corporation of the State of Delaware,with
offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, docs make,constitute
and appoint
Lawrence F.NIcllahon,James Baldassare,Jr.,Sarah ibiyers,Ryan E.Warnock
of the State of California
its true and lawful Attorney(s)-in-fact, at New York,Ncw York,each of them alone to have full power to act without the other or others,to make,
execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as
aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single
bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars
(S]0'000'000.00).
Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same
extent as ifsigned by the President ofsaid Company under its corporate seal attested by its Secretary.
In Witness Whereof,HUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly
authorized,on this 8th day of november 2013 at New York,New York.
HUDSON INSURANCE COMPANY
t tCS'SIS,3aAm�1�f^�t�i Cf�`'. ✓t.s.J�/•l:.t�C..'�t-C 1V`—'�
13y � .......
I)inr3JAslfKt: pis Christopher T.Suarez
Corporate Secretary Executive Vice President
STATE OF NEW YORK
COUNTY 01:NEW YORK, SS.
On the 8th day of November _'20 13 before me personally came Christopher T.Suarez to me kno%mi,who being by me duly sworn did
depose and say that lie is an Executive Vice President of HUDSON INSI11LkNCE COIIPANY,the corporation described herein and which executed the above
instrument,that lie knows the seal of said Corporation,that the seal affixed to said instrument UNN".N.
rporate seal,th^ it was so affixed by order of the Board of
Directors of said Corporation,and that he signed his name thereto by like order.
\�y %1011Milir!///
PN,.....RP i,
(Notarial Seal)
4:F
��h4SSrpy.S,y1.�IEtI 'j>1
•�v0bee ��a°9t
Notury Public.
:[c of New York
No.01N9Ufi067 33
Qualified in Nass" . ounty
'01ltgU07 r :*;=z Commission Expires December 10,2017
�A I.
9yt;'t'q�gCIFlED�� CERTIFICATION
STATE OF NC1V Yt)Rh�✓i/i !/C•'•••••FC������
COUNTY OF N'FW YOR}f�/�//%r 1J 11
The undersigned Dina Daskal akin hereby ccrtifics:
That the original resolution,of which the following is it true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of
I Judson Insurance Company dated July 27``",2007,and has not since been revoked,amended or modified:
"RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and
discretion,to appoint such agent or agents, or attorney or attorneys-in-fact, for the purpose of carrying on this Company's Surety business,and to
empower such went or agents,or attorney or attorneys-in-fact,to execute and deliver,tinder this Company's seal or otherwise,bonds obligations,and
recognizanees,whether made by this Company as surety thereon or otherwise,indemnity contracts,contracts and certificates,and any and all other
contracts and undertakings made in the course of this Company's surcry business,and renewals,extensions,agreements,waivers,consents or stipulations
regarding undertakings so made;and
FURTf•irR RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of atiomey or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,Such signature and seal when so used whether heretofore or hereafter,being hereby adopred by the Company as the original
sienature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed."
TI IAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the
said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said
Power of Attorney is now in force. r
Witness the hand of the undersigned and the seal ofsqq aid Corporation this day ofSEQ Lr 6 2014 120
�# pPO4""•."C
tKQb9(�f��atppe
14
a;• SLl1L v:
`Z' 1918
Daskalakis,Corporate Sec etaty
Fond 1 8 2010(vl)
Executed in Duplicate Bond leo,:AS 55
Premium is Included in Perfni-mance Eland
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of badlands, State of California, and Three Peaks Corporation
(hereinafter designated as "Principal") have entered into an agreement (the "Agreement") wherebyPrincipal
agrees to install and complete certain designated public improvements Mlle "Work"), which said agreement,
dated September 16, 2014, and identified as 1-1 OUNDERPASS BEAUTIFICATION PROJECT, R J CT
NO. 41054 is hereby referred to and made a part hereof,;and
Whereas. under the terms ofthe Agreement, Principal is required before commending the performance of the
Work, to file a good and sufficient Labor and Material bond ,with the City ofRedlands to secure the claims to
which reference is male in Title 3 (commencing with Section 95510 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 gather persons employed in the performance of
the Agreement and, referred to in the aforesaid Code of Civ=il Procedure in the sunt of
Dollars ($215,370) for materials furnished or labor thereon of any kind, or for arriounts due under the
Unemployment insurance Act with respect to such work or labor, that said surety will pay the same in a
amount not exceeding the amount hereinabove set #`earth, 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 crash 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,sea 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 became 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.
In witness whereof, this instrument has been duty executed by the Principal and surety above named on
2014.
Three Peaks Corp, l lirdson Insurance Cornnany
(Contract � � ( tErely)
BY: r "
natt e) (Signature) Rvaa E.Warnock,A tomey-in-Fact
Address: 100 William Street,5th Floor
New York.NY 10038
(Seal and Notarial Acknowledgment Of Surety) Telephone( 212) 78-2800
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San ie92
SEP 2 6 2014
On before me, Janice R. Martin Notary Public,
Date Insert Narae of morass exactly as it arippars tan the official exai
personally apearea Warnock
_ .
who proved to me on the basis of satisfactory evidence to
be the person(* whose name* isd t subscribed to the
within instrument and acknowledged to me that hei
executed the same in his/fififfflot authorized capaditYQa z
a ttlC tart and that by his/ ' 'signature* on the instrument the
.« r' t% tg 5611 person 9 or the entity open behalf of which the person(
rli ..r; trwLlf =fttl0 acted, executed the instrument.
SA
NDIEGCt�UNIr
NAy Cr,m nitaston rxprr s I certify' under PENALTY OF PERJURY under the laves of
JULY 29,2016 the Mate of California that the foregoing paragraph is true:
and correct::-
Fitness m and and official seat,
ignatlf
sig ire Notary vtian aiAb v Public Ja C __Maltir -.... _.,,_._.
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 f Attached Document
Title or Type of Document:
Document Date: : _ _ _m Number of Mages:
Signer(s)father Than Named Above:
apacity(i sClaimed by Signer(s)
Signer's Name:: . .. ..,. .... U. Signer's Name. _
L Individual El Individual
[ Corporate Officer---Title(s), � �_ ._... E] Corporate Officer � ._Tit e{s)`
l Partner 0 Limited i]General [I Partner El Limited ll General
Attorney in Fact ` [ <Attorney in Fact OT)p
7here frostedTrustee
Guardian tar Conservator Top of thumb here �I uardian far en erv�atora rf thumb
l�] trier: � ether: �
Signer is Representing: Signer is Representing: �
I)50 ALNT-10-1314
POWER OF ATTORNEY
KNOW ALL t\4L•;N BY THESE PRL''SLN'fS: That HUDSON INSURANCE CONIPANY,a corporation of the State of Delaware,with
offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed; and by these presents, does make,constitute
and appoint
Lawrence F.McMahon,James Baldassare,Jr.,Sarah Myers,Ryan E.Warnock
of the State of California
its true and lawful Attomcy(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others, to make,
execute and deliver on its behalf., as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf"as
aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single
bond or undertaking shall obligate said Company for any portion of the penal sum thereof in excess of the sum of Ten Million Dollars
(S10,000,000.00).
Such bonds and undertakings when duly executed by said Attorneys)-in-Fact,shall be binding upon said Company as fully and to the same
extent as if signed by the President of said Company under its corporate seal attested by its Secretary.
In Witness Whereof,I IUDSON INSURANCE COMPANY has caused these presents to be of its Executive Vice President thereunto duly
authorized,on this Ath day or.November _,2013 at New York,New York.
HUDSON INSURANCE COMPANY
a:
.si
a t ± �-
�
1(,'l 1 a
��te544�w>� 3l. i'�Lt�i�� . . •�. CLt�t �
I iia, l);tsltlit!Nfis Christopher T.Suarez.
Corporate Secretary Executive Vice President
STATE OF NEW YORK
COUNTY OF NLW YORK. SS.
On the 8th day of November 120 1.3 before roe personally came Christopher T.Suarez to me known,who being by me duly sworn did
depose and say that he is an Executive Vice President of IIt11MON INSURANCE COi4IPANY,the corporation described herein and which executed the above
instrument,that he knows the seal of said Corporation,that the seal affixed to said instrument is such orporate seal,th- it was so affixed by order of the Board of
Directors orsaid Corporation,and that he signed his name thereto by like order.
(Notarial Seal) �\ .• t,�VSSIpy yf /Yi� \N 1T,11ul
•.yGO fiber 10 q,-,% �' Notary Public,.(ate of New York
Oe e'o�y e No.01 N]U6067.53
Qualified in NossatrCounly
#01MU6067S53 a Commission Expires Decemtx;r 10,2017
,g'•_r�� � .;a� �•� CERTIFICATION
STATE OF NEW YORK///i"b(/C•'....•� G�����
COUNTY OF NEW YORK//p/%{/1�t
The undersigned Dina Daskalakis hereby certifies:
That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of
I Judson Insurance Company dated July 27i1',2007,and has not since been revoked,amended or modified:
"RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and
discretion, to appoint such agent or agents, or attorney or attomcys-in-fact, for the purpose of carrying an this Company's surety business,and to
empower such agent or agents,or attorney or attorneys-in•fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and
recognizances,whether made by this Company as surety thereon or otherwise,indemnity contracts,contracts and certificates,and any and all other
contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations
regarding undertakings so made;and
FURTHER RESOVI-ED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power
of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature
thereof or related thereto,such signature and seal when so used whether heretofore or bercatter,being hereby adopted by the Company as the original
signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though
manually affixed"
TI IAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the
said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said
]'ower of Attorney is now in force. {pp
witness the hand of the undersigned and the scat of said Corporation this day of S F P 2 nll[�4 ,2U
.`
(@,M' PPOR'•.C3
r.nc:t�etfj pal
SEAQ :y -1
1918 i'l BY..." � rl/�.(f'�._.........f. . ...,�.. /JX�/f� /
t '..oFitiw�vs. s I L/
s iaa Daskaiakis,Corporate Sec clan'
Font 1>l:r,C,1482010(,1)