HomeMy WebLinkAboutPlayPower LT Farmington, Inc.-10/5/2015CITY OF WATERLOO, IOWA
WATERLOO LEISURE SERVICES COMMISSION
CONTRACT
For the
FY2016 Upper Gates Park Playground Project
This Contract made and entered into this 5th day of October 2015, by and between the
City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and
PlayPower LT Farmington, Inc., hereinafter referred to as Contractor,
WITNESSETH:
Par. 1 The Contractor shall furnish all supervision, technical personnel, labor,
materials, and equipment to perform all work required for the FY2016 Upper Gates Park
Playground Project described in the specifications and shown on the plans.
Par. 2 The Contract Documents shall consist of the following:
a. This Agreement
b. Notice of Hearing
c. Signed Copy of Bid
d. Specifications
e. Performance Bond
f. Payment Bond
g. Certificate of Insurance
h. Davis Bacon and Related Acts Requirements
1. Federal Clauses
2. Davis Bacon Poster
3. Wage Rate Determination Packet
4. Wage Reporting form (submitted weekly)
5. Section 3
These documents form the Contract and are all fully a part of the Contract as if attached
to this Contract or repeated herein.
Par. 3 The Contractor agrees to commence the work within forty-five (45) days
after the issuance of "Notice to Proceed" and complete the work within the given time
frame.
Par. 4 The Contractor agrees to comply with and obey all ordinances of the City
of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open
passageways for water, traffic and protecting any excavation in any street or alley and
maintaining proper and sufficient barricades with lights and signals during all hours of
darkness and agrees to see that the backfilling is properly done and agrees to keep the City
whole and defend any suits that may be brought against it by reason of any injuries that
CONTRACT page 1 of 2
may be sustained by any person on account of doing this work by the Contractor and any
agents of the Contractor.
Par. 5 The Contractor agrees that in case a suit is brought against the City for
damages sustained by reason of any act, omission or negligence of the Contractor or its
agents or on account of any injuries sustained by reason of any obstruction, hole,
depression or barrier placed or dug by the defendant or its agents in the doing of the work
herein contracted for, that it will defend said suit and save the City harmless therein and in
case judgment is rendered against the City, the Contractor agrees to pay the same
promptly and agrees to carry public liability insurance in a solvent company in a sufficient
amount to protect the City and any and all persons who may use the project.
Par. 6 The Contractor shall have no cause of action against the City on account of
delays and prosecution of work, but if the work is delayed by the City, the Contractor may
have extra time for the completion of the job as was lost by reason of the delay caused by
the City.
Par. 7 The Contractor agrees to pay punctually all just claims of labor, material,
men or Subcontractors, who perform labor or furnish materials entering into this
improvement. It is agreed that the City need not pay the Contractor until all such claims
are paid by the Contractor and lien waivers are received. It is agreed that the City shall
bear no liability for payments due for labor or materials under this contract.
Par. 8 In consideration of the full compliance on the part of the Contractor with
all the provisions, stipulations and conditions hereof, or contained in the various
instruments made a part of this Contract by reference, and upon completion and
acceptance of the work, the City agrees to pay the Contractor:
City
Sum of Sixty Thousand Dollars and 00 Cents ($60,000.00)
aterloo, Iowa,
est G. Clark, Mayor
Suzy Sch.i es, City Clerk
Contractor: PlayPower LT Farmington, Inc.
(1 U 'rt, Seraikes 4
Approved by the City Council of the City of Waterloo, Iowa, this 5th day of
October, 2015.
CONTRACT page 2 of 2
ItAIATM
Document A312
Performance Bond
CONTRACTOR:
(Name, legal status and address)
PLAYPOWER LT FARMINGTON, INC.(F/K/A
LITTLE TIKES COMMERCIAL PLAY SYSTEMS)
878 E. US Hwy 60
Monett, MO 65708
OWNER
(Name, legal status and address)
CITY OF WATERLOO, IOWA
1101 Campbell Avenue
Waterloo, IA 50701
CONSTRUCTION CONTRACT
Date: 9/28/15
Amount: Sixty Thousand and 00/100 Dollars
($ 60,000.00)
Description:
(Name and location)
Waterloo Leisure Services Upper Gates Option 3
BOND
Date: 9/28/15
(Not earlier than Construction Contract Date)
2010
Bond No. K09241991
SURETY:
(Name, legal status and principal place
of business)
WESTCHESTER FIRE INSURANCE
COMPANY
436 Walnut Street, WA1 OH
Philadelphia, PA 19106
Amount: Sixty Thousand and 00/100 Dollars ($ 60,000.00)
Modifications to this Bond: Cia None
0 See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal)
PLAYPOWER LT FARMINGTON INC.((F/K/A LITTLE
TIKES COMMERCIAL PLAY SY, TEMS)
Siitature:
__ Name A- ei ti C ill -1
and Title: Ci.)star.eit Sao kis .M 6-14- . and Title:
(.4ny additional signatures appear on the last page of this Performance Bond.)
Company:
WESTCHESTER FIRE INSURANCE COMPANY
(Corporate Seal)
Signature:
Name Selena Wood, Attorney -in -Fact
(FOR IWFOR%L4TION ONLY — Name. address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Aon Risk Services Central, Inc. (Architect, Engineer or other parry:)
8182 Maryland
St. Louis, MO 63105
(314) 721-5100
P
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
AIA Document A312TM' — 2010. The American Institute of Architects.
1
§ 1 The Contractor and Surety. jointly and severally. bind themselves, their heirs, executors. administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§ 2 If the Contractor perforans the Construction Contract. the Surety and the Contractor shall have no obligation under
this Bond except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract.. the Surety's obligation under this Bond shall arise
after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner. Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference. the Surety may, within five (5) business days after receipt of the Owner's notice.
request such a conference. If the Surety timely requests a conference. the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner. the Contractor and the
Surety agree. the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right. if any. subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety:
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure
to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations. except to
the extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense
take one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§ 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent
contractors:
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as
a result of the Contractor Default: or
§ 5.4 Waive its right to perform and complete. arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation. determine the amount for which it may be liable to the Owner and. as soon as
practicable after the amount is determined. snake payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to
be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety_
demanding that the Surety perfonn its obligations under this Bond. and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety- proceeds as provided in Section 5.4, and the Owner refuses the payment
or the Surety has denied liability. in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
AIA Document A312" — 2010. The American Institute of Architects.
2
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construction Contract and the responsibilities of the Owner to the
Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the committnent by the
Owner to pay the Balance of the Contract Price. the Surety is obligated. without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the
Construction Contract:
2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
resulting from the actions or failure to act of the Surety under Section 5: and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4. the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors. administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to
related subcontracts, purchase orders and other obligations.
§ 11 Any proceeding. legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shall be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety
refuses or fails to perform its obligations under this Bond. whichever occurs first. If the provisions of this Paragraph
are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on the page
on which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished. the intent is that this Bond shall be construed as a statutory- bond and
not as a common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is
entitled. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction
Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor. the term Contractor in this Bond
shall be deemed to be Subcontractor and the tern Owner shall be deemed to be Contractor.
AIA Document A312T"" — 2010. The American Institute or Architects.
3
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: , Name and Title: , Attomey-in-Fact
Address: Address:
AIA Document A312T°" — 2010. The American Institute of Architects.
4
mtAIA
Document A3I2TM - 2010
Payment Bond
CONTRACTOR:
(Name, legal status and address)
PLAYPOWER LT FARMINGTON, INC.(F/K/A
LITTLE TIKES COMMERCIAL PLAY SYSTEMS)
878 E. US Hwy 60
Monett, MO 65708
OWNER:
(Name, legal status and address)
CITY OF WATERLOO, IOWA
1101 Campbell Avenue
Waterloo, IA 50701
CONSTRUCTION CONTRACT
Date: 9/28/15
Amount: Si Thousand and 00/100 Dollars
($0,000.00)
Description:
(Name and location)
Waterloo Leisure Services Upper Gates Option 3
BOND
Date: 9/28/15
(Not earlier than Construction Contract Date)
Si Thousand and 00/100 Dollars
Amount: ($0,000.00)
Modifications to this Bond: I None
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
PLAYPOWER LT FARMINGTON, INC.(F/K/A LITTLE
TIKES COMMERCIAL PLAY STEM )
'Signature: y 2a.rtSignature:
Bond No. K09241991
SURETY:
(Name, legal status and principal place
of business)
WESTCHESTER FIRE INSURANCE
COMPANY
436 Walnut Street, WA1 OH
Philadelphia, PA 19106
0 See Section 18
SURETY
Company:
WESTCHESTER FI
(Corporate Seal)
INSURANCE COMPANY
Name \J ee ift py Name Selena Wood, Attomey-in-Fact
and -Tide: vitL yiiu i cg's M �, , and Title:
(Any additional signatures appear on the last page of this Pmrnent Bond)
(FOR I FORILI TION ONLY — Name, address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party)
Aon Risk Services Central, Inc.
8182 Maryland
St. Louis, MO 63105
(314) 721-5100
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
AIA Document A312-2010
combines two separate bonds, a
Performance Bond and a
Payment Bond, into one form.
This is not a single combined
Performance and Payment Bond.
AIA Document A312TM — 2010. The American Institute of Architects.
5
§ 1 The Contractor and Surety, jointly and severally, bind themselves. their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract. which is incorporated herein by reference, subject to the following terms.
§ 2 If the Contractor promptly makes payment of all sums due to Claimants. and defends. indemnifies and holds
harmless the Owner from claims, demands. liens or suits by any person or entity seeking payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract. then the Surety and the Contractor
shall have no obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract. the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13)
of claims. demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3. the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants. who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor. stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed. within ninety (90) days after haying last
performed labor or last furnished materials or equipment included in the Claim: and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§ 5.2 Claimants, who are employed by or have a direct contract with the Contractor. have sent a Claim to the Surety (at
the address described in Section 13).
§ 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2. whichever is applicable. the Surety shall
promptly and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant with a copy to the Owner, within sixty (60) days after receipt of the Claim.
stating the amounts that are undisputed and the basis for challenging any amounts that are disputed: and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed
amounts for which the Surety and Claimant have reached agreement. If. however, the Surety fails to discharge its
obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's
fees the Claimant incurs thereafter to recover any stuns found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's
fees provided under Section 7.3. and the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance
of the Construction Contract and to satisfy claims. if any. under any construction performance bond. By the
Contractor furnishing and the Owner accepting this Bond. they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the work.
AIA Document A312' — 2010. The American Institute of Architects.
6
§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are
unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any
Claimant under this Bond. and shall have under this Bond no obligation to make payments to, or give notice on behalf
of, Claimants or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to
related subcontracts. purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the
expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2. or (2) on which the last labor or service was performed by anyone or the last materials or
equipment were furnished by anyone under the Construction Contract. whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown
on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished. shall be
sufficient compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where
the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be
deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and
not as a common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond. the Contractor and
Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done. or materials or equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor. materials or equipment furnished;
.5 the date on which the Claimant last perfonned labor or last furnished materials or equipment for use in
the perfonnance of the Construction Contract;
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant: and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien
or similar statute against the real property upon which the Project is Located. The intent of this Bond shall be to
include without limitation in the terms `'labor, materials or equipment" that part of water. gas. power. light, heat, oil,
gasoline. telephone service or rental equipment used in the Construction Contract, architectural and engineering
services required for performance of the work of the Contractor and the Contractor's subcontractors. and all other
items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were
furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page,
including all Contract Documents and all changes made to the agreement and the Contract Documents.
AIA Document A312TMA — 2010. The American Institute of Architects.
7
§ 16.4 Owner Default. Failure of the Owner. which has not been remedied or waived. to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the
Construction Contract.
§ 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
Signature: Signature:
Name and Title: , Name and Title: , Attomey-in-Fact
Address: Address:
AIA Document A312TM — 2010. The American Institute of Architects.
8
ACKNOWLEDGEMENT BY SURETY
STATE OF MISSOURI
COUNTY OF ST. CHARLES
On this 28th day of September, 2015, before me, Jeannette Davis, a Notary
Public, within and for said County and State, personally appeared Salena
Wood to me personally known to be the Attorney -in -Fact of and for
WESTCHESTER FIRE INSURANCE COMPANY and acknowledged that
she executed the said instrument as the free act and deed of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, at my office in the aforesaid County, the day and year in this
certificate first above written.
Not. Public in the State of Missouri
County of St. Charles
JEANNETTE DAVIS
Notary Public - Notary Seal
STATE OF MISSOURI
St. Charles County
My Commission Expires: January 3.2017
Commission # 13456951
Power of
Attorney
WESTCHESTER FIRE INSURANCE COMPANY
Know all men by these presents: That WESTCHESTER FIRE INSURANCE COMPANY, a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution, adopted by the Board of Directors of the said Company on December 11, 2006, to wit:
"RESOLVED, that the following authorization relate to the execution. :for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the Company
entered into the ordinary course of business (each a "Written Commitment"):
(1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or
otherwise.
(2) Each duly appointed mtomey>.in-fad of the Company is hereby authorized to etecuteany Written Commihnmrt for and on beha)fof the Company, under the seal of the Company or otherwise, to the extent that
such action is authorized by the grant of powers provided for in such persona written appointment as such attomay-im-fact.'..:
(3) Each of the Chairman, the President and the Vica Presidents of the Company is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney -in -fad of the Company with
full power and authority to execute, for and on behalf of the Company, ander the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written
appointment, which specification may be by general type or class of Written Commitments or by specification of one or mom particular Written Commitments.
(4) Each of theChaimlan,the Preredontand Vice Presidents of the Company in hereby authorized, for and on behalf of the Conneany, to delegate in writing any other officer oft* Company the authority to
execute. for anion bebalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as specified in such written delegation, which specification may be by
general type or class of Written Commitments or by specification of oneer more particular Written Commitments:
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company. may be affixed by facsimile on such
Written Commitment or written appointment or delegation.
FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers andauthority of offices, employees and other persons to for and on behalf of the
Company. and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly gamed or vested
Does hereby nominate, constitute and appoint Catherine L Geimer, Christina Baratti, Eric D Sauer, Jeannette M Davis, Jennifer Williams, Selena Wood, Susan R
Schwartz, Thomas U Krippene, all of the City of SAINT LOUIS, Missouri, each individually if there be more than one named, its true and lawful attorney-in-fact, to
make, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other writings in the nature thereof in
penalties not exceeding Twenty million dollars & zero cents ($20,000,000.00) and the execution of such writings in pursuance of these; presents shall be as binding upon
said Company, as fully and amply as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office,
IN WITNESS WHEREOF, the said Stephen M. Haney, Vice -President, has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 9 day of June 2015.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 9 day of June, AD. 2015 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.
Haney ,Vice -President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that
the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors
of said Company, referred to in the preceding instrument, is now in force.
WESTCHESTER FIRE INSURANCE COMPANY
Stephen M. Hsttey. Vice Pi id t
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
catiastwofixt.Thc'.> ► ►,
IPTAORM IL �RnIA�LS014City,Clitimisios wpm Sept 28,
I, the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, do hereby certify that the original POWER OF ATTORNEY, of
which the foregoing is a substantially true and correct copy, is in full force and effect.
In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Corporation, this �6 day of , f, % -e i„r , 1T_
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER June 05, 2017.
OocuGard #04546 contains a security pantograph, blue background, heat -sensitive ink, coin -reactive watermark, and tmicrotext printing on border,
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