HomeMy WebLinkAboutContracts & Agreements_223-2013_CCv0001.pdf PUBLIC WORKS CONSTRUCTION CONTRACT
This Public Works Construction contract ("Contract") made and entered into this J_5Yk day of
2013, by and between the City of Redlands, a municipal corporation organized
and existing under the laws of the State of California, (hereinafter "City"), and Toby B. Harward,
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 perform all of the work for the
following. Dearborn Reservoir Rehabilitation, complete all items as required by the Contract
Documents (as herein defined) and Specifications for City's DEAR-BORN RESERVOIR
REHABILITATION,Project No. 71207.
2
THE CONTRACT SUM: City shall pay Contractor the sum of $ 1,444,405.00 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 110 calendar days from and
after the date of the delivery to Contractor of a written Notice to Proceed by City.
4. LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed
will result in damages being sustained by City. Such damages are, and will continue to be,
impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or
have withheld from monies due to Contractor, the sum of $1,000 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 $1,000 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.
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.
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 elierible
to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under
L--
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.
CD 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
written above.
City of Redlands
(SEAL) (Owner)
By:
Mayor,pity of Redlands,
County of San Bernardino,California
ATTEST:
City Clerk,C;'fty 3f Redlands
County of San Bernardino, California (SEAL)
TOBY B. HAYWARD, INC.
Name of Contractor
/77
_ t/
By: IUM B, HAYWARD
Signature of kuthori/ed Agent
PRESIDENT
Title
Signature of Authorized Agent(if necessary)
Title
833458
Contractor's License No.
CD 3
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Municipal Utilities &Engineering Department
Engineering
DEARBORN RESERVOIR REHABILITATION,
Project No. 71207
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
Z�
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 186 1)
Dated this— 7 day of NOVEMBER , 2013.
TOBY B. HAYWARD, INC.
(Contractor)
( ignature)TOBY B. HAYWA
PRESIDENT
(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 TWO COUNTERPARTS BOND # 2521239
PREMIUM: $17,944
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands ("City"), State of California, and Toby B. Hayward, Inc.
(hereina te designated as "Principal") have entered into an agreement dated
ff 2013 ("Agreement") whereby Principal agrees to install and complete
certain public improvements (the "Work"), which said Agreement is identified as Construction
of DEARBORN RESERVOIR REHABILITATION, Project No. 71207 and is hereby
referred to and made a part hereof; and
Whereas, said Principal is required tinder the terms of the Agreement to furnish a bond
for the faithful performance of the Agreement, now, therefore, we, the Principal and
GREAT AME ICM INSLRANCE CWANY, as Surety, are held and firmly bound unto the City in the penal
SLIIII of one million four hundred forty four thousand f0LII- hundred five Dollars ($ 1,444,405.00)
JaWfUl money of the United States, for the payment of which SLIIII we bind ourselves, and 01,11-
heirs, successors,executors and administrators,jointly and severally, firmly by these presents.
The condition of this obligation IS Such that if the above bounded Principal, his or its
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by,
and well and truly keep and perform the covenants, conditions and provisions in the Agreement
and any alteration thereof made as therein provided, on his or its part, to be kept and performed
at the tinge 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 tirne 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 fi-oni the date of completion of the Work, and resulting
from or caused by defective inaterials or faulty workmanship, the above obligation in penal surn
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
Agreentent, the City having performed the City obligations thereunder, the Surety shall promptly
remedy the default, or shall promptly, at the City's option:
L 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
CD 5
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 ill 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
tn 0
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 suill,
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 duly executed by the Principal and Surety
above named, on NOVEMBER 7 2013.
(SEAL) (SEAL)
TOBY 11. flAYWARD, INC. GREAT AMERICAN INSURANCE COMPANY
(C tractor) --7 St Y)
r5 BY:
TOBY B.1HAYWARD(Signature) RICHARD A. COON (Signature)ATTORNEY—IN—FACT
PRESIDENT Address: 750 THE CITY DRIVE SOUTH #470
(Sea] and Notarial Acknowledgement of Surety) ORANGE, CA 92868
Telephone: ( 714) 740-2400
CD 6
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange -�
11-7-13 On before me, Lexie Sherwood, Notary Public
Date Here insert Name arn!Title of the C}ifir..er
personally appeared Richard A. Coon
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 saute in his/her/their authorized capacity(ies),
IE SIfE �00D and that by his/her/their signature(s)on the instrument the
LEX
�n R #82 person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
0 NOTARY PUBLIC*CALIFORNIA C)
ORANGE COUNTY
Comm-Exp,vULY 2T 2017 1 certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
Witness my ha"offffiicialfSignature
Place Notary sea!Above Signatu
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signers)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
0 Individual EJ Individual
El Corporate Officer—Title(s): ❑ Corporate Officer—Title(s)-
El Partner—El Limited El General El Partner El Limited El General
E� Attorney in Fact Attorney in Fact
El Trustee '
D Trustee
Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here
Ej Other: El Other: ( i
Signer Is Representing: Signer Is Representing:
V2007,Nabonal Notary Association-9350 De Soto,4ve_,PD.Box 2402-Chaiswcgth,CA 91313-24021-vau^,Natx>na#Notar,xwg Item#5907 Reortier=catt Tog-Free t-c o-8to-6827
GREAT AMERICAN INSURANCE COMPANY(R)
Administrative Office: 301 E 4TH STREET 10 CINCINNATI,OHIO 45202 0 513-369-5000 * FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR
No.0 14406
PONVEROFATTORNEY
KNOW ALI.MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof,Provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L.CULBERTSON RICHARD A.COON ALL OF ALL
CHARLES L.FLAKE LEXIE SHERWOOD ANAHEIM, $75,000,000.00
CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attorneys)-in-fact named above.
IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 20TH day of OCTOBER 2012
Attest GREAT AMERICAN INSURANCE COMPANY
d
Assistant Secretary Divisional Senior Tice President
STATE OF OHIO.COUNTY OF HAMILTON-ss: DAVID C.KrrCHIN(877-377-2405)
On this 20TH day of OCTOBER 2012 before me personally appeared DAVID C. KITCHIN, to me
known,being chily sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal
affixed to the said instrument is such corporate seal,that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
WIN L GROSHEIM
NOTARY PUIM,STATE OF 01*0
WCOMMIS1101WIRES02-2D-16
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2608,
RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them,be and hereby is authorised,from time to time,to appoint one or more Attorneys-in-Fact- y,
to execute on behalf of the Company,
as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof,to prescribe their respective duties and
the respective limits of their authority,and to revoke any such appointment at an1v time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company,may be affixed by facsimile to am,power of attorney or certificate of either given for the execution of any bond,undertaking contract of suretyship,
or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Compant,as the original signature of such
q_ff7cer and the original seat of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed,
CERTIFICATION
1,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signed and scaled this 7TH day of NOVEMBER 2013
Assivarn Secretary
S1029AC(4,`11)
EXECUTED IN TWO COUNTERPARTS BOND #2521239
PREMIUM INCLUDED IN
PERFORMANCE BOND
LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and Toby B.
Hayward, Inc. (hereinafter designated as "Principal") have entered into an agreement (the
"Agreement") whereby Principal agrees to install and coniplet� certain designated public
iniproverrients (the"Work"), which said agreement, dated Mj��� 2013, and
identified as DEARBORN RESERVOIR REHABILITATION, Project No. 71207 is hereby
referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is require(] 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 clainis to which reference is niade 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 million four hundred forty four thousand four hundred five Dollars
($ 1,444,405.00) for materials furnished or labor thereon of any kind, or for amounts due under
the Unemployment Insurance Act with respect to Such work or labor, that said surety will pay the
same in an amount not exceeding the amount hereinabove set forth, and also in case suit is
brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable
expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully
enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to
be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of
any and all persons, companies and corporations entitled to file claims under Title 3
(commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right
of action to them or their assigns in any Suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become
null and void,otherwise it shall be and remain in full force and effect.
The surety hereby Stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement or the specifications accompanying the same shall in any
manner affect its obligations on this bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition.
CD
In witness whereof, this instrument has been duly executed by the Principal and surety
above named,on NOVEMBER 7 , 2013.
(LSEAI,) (SEAL)
TOBY H. HAYWARD, INC. GREAT AMERICAN INSURANCE COMPANY
(Contractor) Soret
TOBY B. HAYWAR (Signature) RICHARET A. COON (Signature) ATTORNEY-IN-FACT
PRESIDENT Address: 750 THE CITY DRIVE SOUTH #470
(Seat and Notarial Acknowledgement of Surety) ORANGE, CA 92868
Telephone: (714 ) 740-2400
CD 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of Orange
On 11-7-13 before me, Lexie sherwood Notary Public
Date Here Insert Name and Title of tfle Officer
personally appeared Richard A. Coon
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 eapacity(ies),
and that by his/her/their signature(s)on the instrument the
LIE uRER person(s), or the entity upon behalf of which the person(s)
COMM #2031782 it acted, executed the instrument.
NOTARY PUSUC 0CALIFORNIA g} 1 Gertif
ofAAvE COUNTY y under PENALTY OF PERJURY under the laws of
Comm.Exp.JULY 27,2017 the State of California that the foregoing paragraph is true
and correct.
Witness my hand a official seal.
Signature f`
Place Notary Seal Above Signature of of,
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 this 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 D Individual
El Corporate Officer--Title(s):— El Corporate Officer—Title(s):
--
EJ Partner—El Limited d General E] Partner—El Limited El General
( Attorney in Fact Q Attorney in Fact
El Trustee El Trustee -Jjlgleijf.N
D Guardian or Conservator Top of thumb here El Guardian or Conservator Top of thumb here
El Other: El Other:
Signer Is Representing:P 9= � Signer Is representing;
✓k:^.}'rW'-nwz_4+ti"'its^"Fi ..{:^ T�'Y "V_�_w`;V.?=�!`�{t '=✓Ltt„�1.�=15J`-hlT,.�}`�'it-"^"V v^V '�...�y..v__'?�,^ (j.�^v._�.nr ' .'At-}:s�J,v!�✓�Y_.-:V"
2007 Natica,al Notary Assodatiorx-8350 Die Soto Ave.,PO Box 2402-Chatsworth,CA 91313-2402-wr .Nati4,natNotarp.org Item#5907 Re,,r;ier call Toff-Free t-80cJ 876-6827
GREAT AMERICAN INSURANCE COMPANYO
Administrative Office: 301 E 4TH STREET 0 CINCINNATI,OHIO 45202 10 513-369-SM 0 FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than FOUR
No.0 14406
POWER OF ATTORNEV
KNOW ALL MEN RYTHESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY;a corporation organized and existing under
and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than
one is named,its true and lawful aurtmey-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,
undertakings and contracts of suretyship,or other written obligations in the nature thereof.,provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
DAVID L.CULBERTSON RICHARD A.COON ALL OF ALL
CHARLES L.FLAKE LEXIS SHERWOOD ANAHEIM, $75,000,000.00
CALIFORNIA
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above.
INWITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 20TH day of OCTOBER 1 2012
Attest GREAT AMERICAN INSURANCE COMPANY
�i!7
Rj,
0
d r
AssatantSecretan, Mvisional Senfor Vice President
STATE OF OHIO,COUNTY OF HAMLTON-ss: DAVID C.KrrCHIN(877-377-2405)
On this 20TH day of OCTOBER 2012 before me personally appeared DAVID C. KITCHIN,to me
known,being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great
American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seat
affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his
name thereto by like authority.
WaLMOSKIM
ETRE elf
WCOMMISIOUP0002-2D-16 -4t
This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9,2008,
RESOLVED: That the Divisional President, the several Divisional Senior[lice Presidents,Divisional(ice Presidents and Divisonal Assistant Vice
Presidents, or aof,one of them,he and hereby is authorized,from time to time,to appoint one or more A ttornevs-m-Fact to execute on beha#'of the Company,
as surety,nor,and all bonds,undertaknigs and contracts of suretyship,or other written obligations in the nature thereof'to prescribe their respective duties and
the respective limits of their enahftrijy:and to revoke any such appointment at any time,
RESOL VED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secre tary of the
Company nim,be a by facsimile to any power of attorney or certificate of either green for the execution of ary,bond,undertaking;contract of sure tysh ip.
or other written obligation in the nature thereof such signature and seal if-hen so used being hereky 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 u ith the saineforce and effect as though manually aftved
CEW14FICATION
1,STEPHEN C,BERARA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and
the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect.
Signedand scaled this 7TH day of NOVEMBER 2013
�_01 ZOF
Assivant Secrewry
S1 029AC(4/,1 i