HomeMy WebLinkAboutSiri Grading & Paving 2015-12-1751 » 1415
CITY OF UKIAH
Mendocino County, California
AGREEMENT
FOR
OAK MANOR PARK
Specification No. 15 -18
THIS AGREEMENT, made this 17th day of December, 2015, by and between the City of Ukiah,
Mendocino County, California, hereinafter called the City and Siri Grading & Paving, Inc., hereinafter
called the Contractor,
WITNESSETH:
WHEREAS, the City has caused to be prepared in accordance with law, specifications, drawings and
other contract documents for the work herein described and shown and has approved and adopted
these contract documents, specifications and drawings and has caused to be published in the manner
and for the time required by law a notice to bidders inviting sealed proposals for doing the work in
accordance with the terms of this contract and
WHEREAS, the Contractor, in response to the notice to bidders, has submitted to the City a sealed
proposal accompanied by a proposal guaranty in an amount of not less than 10 percent of the bid price
for the construction of the proposed work in accordance with the terms of this contract and
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed
the proposals submitted and as a result has determined and declared the Contractor to be the lowest
and best regular responsible bidder for the work and for the sums named in the proposal,
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
Article 1. Work to be Done and Contract Days Allowed.
That the Contractor shall provide all necessary machinery, tools, apparatus and other means of
construction; shall furnish all materials, superintendence, overhead, expenses, all labor and expenses of
whatever nature necessary for completion of the work in conformity with the Special Provisions and other
contract documents hereto attached and according to such instructions as may be given by the Engineer.
The Contractor shall complete the work within fifty -four (54) calendar days. Contract days shall be
counted starting with the 10th day following receipt of notice that the contract has been executed by the
City. Contractor, at his or her option, may begin work prior to start of counting contract days, however, in
no event shall the Contractor start work without giving notification to the Engineer at least 72 hours prior
to the start of work, without obtaining an encroachment permit from the City, or without having submitted
certificates of insurance that have been accepted and approved by the Engineer
OAK MANOR PARK 54 Spec. No. 15 -18
Article II. Contract Prices.
That the City shall pay the Contractor the prices stated in the proposal submitted by the Contractor, for
complete performance of the contract by the Contractor. The Contractor hereby agrees to accept the
prices as full compensation for all material and appliances necessary to the work, for all labor and use of
tools and other implements necessary to execute the work contemplated in this contract; for all loss or
damage arising out of the nature of the work or from the action of the elements, or from any unforeseen
obstructions or difficulties which may be encountered in the prosecution of the work; for all risks of every
description connected therewith; for all expenses of the work, as herein specified; for all liability and other
insurance, for all overhead and other expenses incident to the work; all according to the Contract
Drawings, the Special Provisions, the Details, the instructions and the requirements of the City.
Article III. Labor Discrimination.
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
No discrimination shall be made in the employment of persons upon public works because of
the race, color, national origin or ancestry, or religion of such persons and every contractor for
public works violating this section is subject to all the penalties imposed for a violation of this
chapter."
In connection with the performance of work under this contract, the Contractor agrees as follows:
a) The Contractor will not willfully discriminate against any employee or an applicant for
employment because of race, color, religion, ancestry, or national origin. The Contractor will
take affirmative action to ensure that applicants are employed and that employees are
treated during employment without regard to their race, color, religion, ancestry, or national
origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the awarding authority setting forth the provisions of
this Fair Employment Practice section.
b) The Contractor will send to each labor union or representative of workers with which he or
she has a collective bargaining agreement or other contract or understanding, a notice, to
be provided by the awarding authority, advising the said labor union or worker's
representative of the Contractor's commitments under this section, to employees and
applicants for employment.
c) The Contractor will permit access to his or her records of employment, employment
advertisements, application forms and other pertinent data and records by the Fair
Employment Practices Commission, City of Ukiah or any other appropriate agency of the
State of California designated by the awarding authority, for the purposes of investigation to
ascertain compliance with the Fair Employment Practices section of this contract.
d) A finding of willful violation of the Fair Employment Practices section of this Contract or of
the Fair Employment Practices Act shall be regarded by the awarding authority as a basis
for determining the Contractor to be not a "responsible bidder" as to future contracts for
OAK MANOR PARK 55 Spec. No. 15 -18
which such Contractor may submit bids, for revoking the Contractor's pre - qualification rating,
if any and for refusing to establish, reestablish or renew a pre - qualification rating for the
Contractor.
The City of Ukiah shall deem a finding of willful receipt of written notice from the Fair
Employment Practices Act to have occurred upon that it has investigated and determined
that the Contractor has violated the Fair Employment Practices Act and has issued an order
under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429.
Upon receipt of such written notice from the Fair Employment Practices Commission, the
City shall notify the Contractor that unless he or she demonstrates to the satisfaction of the
awarding authority within a stated period that the violation has been corrected, his or her
pre - qualification rating will be revoked at the expiration of such period.
e) The Contractor agrees that should the City determine that the Contractor has not complied
with the Fair Employment Practices section of this Contract, then pursuant to Labor Code
Section 1735 and 1775 the Contractor shall, as a penalty to the City, forfeit for each
calendar day or portion thereof, for each person who was denied employment as a result of
such non- compliance, the penalties provided in the Labor Code for violation of prevailing
wage rates. Such monies may be recovered from the Contractor. The City may deduct any
such damages from any monies due the Contractor.
f)
g)
Nothing contained in this Fair Employment Practices section shall be construed in any
manner of fashion so as to prevent the City or the State of California from pursuing any
other remedies that may be available at law.
Prior to awarding the Contract, the Contractor shall certify to the awarding authority that he
or she has or will meet the following standards for affirmative compliance, which shall be
evaluated in each case by the awarding authority:
1) The Contractor shall provide evidence, as required by the City that he or she has notified
all supervisors, foremen and other personnel officers in writing of the content of the anti-
discrimination clause and their responsibilities under it.
2) The Contractor shall provide evidence, as required by the City, that he or she has
notified all sources of employees' referrals (including unions, employment agencies,
advertisements, Department of Employment) of the content of the anti - discrimination clause.
3) The Contractor shall file a basic compliance report, as required by the City. Willfully false
statements made in such reports shall be punishable as provided by law. The compliance
report shall also spell out the sources of the work force and who has the responsibility for
determining whom to hire, or whether or not to hire.
4) Personally, or through his or her representatives, the Contractor shall, through
negotiations with the unions with whom he or she has agreements, attempt to develop an
agreement which will:
a. Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and
training.
OAK MANOR PARK 56 Spec. No. 15 -18
b. Otherwise implement an affirmative anti - discrimination program in terms of the
unions' specific areas of skill and geography to the end that qualified minority workers
will be available and given and equal opportunity for employment.
5) The Contractor shall notify the City of opposition to the anti - discrimination clause by
individuals, firms or organizations during the period of its pre - qualification.
h) The Contractor will include the provisions of the foregoing paragraphs 1 through 5 in every
first tier subcontract so that such provisions will be binding upon each such subcontractor.
i) The "Fair Employment Practices Certification" must be completed and signed prior to the
time of submitting the bid.
Article IV. Parts of the Contract.
That the complete contract consists of the following documents, all of which shall be considered a part of
this agreement.
1. Notice to Bidders
2. Wage Rates
3. General Conditions
4. Technical Specifications
5. Proposal
6. Fair Employment Practices Certification
7. Agreement
8. Contract Bonds
9. Contract Drawings and Construction Details
10. Standard Drawings
11. Indemnification Agreement
IN WITNESS WHEREOF, this contract being executed in duplicate and the parties having caused their
names to be signed by authority of their duly authorized office this 17th day of December, 2015.
CITY OF UKIAH, MENDOCINO COUNTY, CALIFORNIA
By:
Attest:
By:
e-
t SIG COMCITY MANAGER, CITY OF UKIAH
KRISTINE LAWLER, CITY CLERK, CITY OF UKIAH
ARD SIRI, WNE , SIRI GRADING & PAVING, INC.
The foregoing co is approved as
O
4
and legality this day of 44
CI YCITYAYKNEY, UKIAH
OAK MANOR PARK
wt a r 2014 .
57 Spec. No. 15 -18
INDEMNIFICATION AGREEMENT
This Indemnification Agreement is made and entered in Ukiah, California, on December 17, 2015, by
and between the City of Ukiah (Ukiah) and Siri Grading & Paving (Contractor).
Contractor is performing the work as specified in Specification No. 15 -18 Oak Manor Park for Ukiah.
As a condition of issuing the work order, attached hereto, Ukiah requires assurance that Contractor will
protect Ukiah from damage or damage claims which arise from its performance of the work.
Accordingly, Contractor agrees as follows:
1. Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents, and
employees from and against any claim, loss, or damage, including the legal and other costs of defending
against any claim of damage or loss which arises out of the Contractor's negligent or wrongful
performance under the work order attached hereto, except for claims, losses, or damages resulting from
the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and
employees.
CONTRACTOR
BY:
TITLE:
OAK MANOR PARK 58 Spec. No. 15 -18
Bond No. CA4098662
Premium: $1,212.00
CITY OF UKIAH
Mendocino County, California
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned,
Siri Grading & Paving, Inc.
AS PRINCIPAL, and
Great American Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City ", in the penal sum of
Eighty -Four Thousand, Two Hundred and Zero Cents - -- dollars ($ --- 84,200.00 - --
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated December 17, 20 15
a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully
perform the Contract and all duly authorized modifications thereof, during its original term and any
extensions thereof that may be granted and during any guaranty period for which the Contract provides,
and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the
Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims,
including its attorney's fees and court costs, and if the Principal shall make full payment to all persons
supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in
default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay
or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well
as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor
vehicle fees required for commercial motor vehicles used in connection with the performance of the
Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City
shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any
such modification, extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed
their seals hereto, this 21st day of December ,20 15
OAK MANOR PARK 59 Spec. No. 15 -18
In the presence of:
WITNESS:
WITNESS:
ATTEST:
SEAL)
Individual Principal)
Business Address)
City /State /Zip Code)
Siri Grading & Paving, Inc. (
SEAL)
Corporate Principal)
3289 Regional Parkway
Business Address)
Santa Rosa, CA 95403
City /State /Zip Code)
Siri Grading & Paving, Inc.
Jennifer rn ttorney in -Fact
Corporate Principal) Affix
Corporate
Seal
3289 Regional Parkway
Business Address)
Santa Rosa, CA 95403
City /State /Zip Code)
real American Insurance Company Affix
Corporate Surety) Corporate
Seal
1255 Treat Blvd., Suite 810
Business Address)
Walnut Creek, CA 94597
The rate of premium on this bond is $ - --14.40 - --
OAK MANOR PARK
City /State /Zip Code)
per thousand.
60 Spec. No. 15 -18
The total amount of premium charges is $ - -- 1,212.00 - --
The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety
Company must be attached).
CERTIFICATE AS TO CORPORATE PRINCIPAL)
1, -00CC +r`[ ;_,. certify that 1 am the
Secretary of the corporation named as Principal in the foregoing
bond; that icdw ,c) —.1 (( >15 who signed the said bond on behalf of the
Principal, was then \,' .. ( r rP,)I c'! - -,,.t of said corporation; that I
know his signature, and that hit signature thereto is genuine; and that said bond was duly signed,
sealed, and attested to for and in behalf of said corporation by aithority of its governing body.
i • < l '
47
Z ` Affix Corporate Seal
OAK MANOR PARK 61 Spec. No. 15 -18
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of SONOMA
On December 21, 2015 before me, MARY DAVERIN, Notary Public
insert name and title of the officer)
personally appeared Jennifer Lelouarn, Attorney -In -Fact
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe
subscribed to the within instrument and acknowledged to me that #e /she /thcy executed the same in
4s /her /their authorized capacityGes), and that by h+s /her /thcir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the _fore goin
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
MARY DAVERIN
Commission # 2053517 L
Notary Public - California z
Sonoma County
v
My Comm. Expires Jan 22,201S
C
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than TWO
No. 0 14751
POWER OF ATTORNEY
KNOW ALL 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
PAUL RAMATICI
JENNIFER LELOUARN
Address Limit of Power
BOTH OF BOTH
PETALUMA, CALIFORNIA $100,000,000.00
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s) -in -fact named above.
IN WITNESS 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 26TH day of MARCH 2015 .
Attest GREAT AMERICAN INSURANCE COMPANY
c. Zuude ;
Assistant Secretary Divisional Senior ice President
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (e77-377 -2405)
On this 26TH day of MARCH , 2015 , 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 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.
JENNIFER MARIE RIPPY
Notary Public, State of Ohio
My Commission Ewes
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 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 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 any 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 any 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 Company as the original signature ofsuch
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.
CERTIFICATION
I, 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 sealed this 21s t
S1029AE (01/15)
day of December 2015
e• 3
Assistant Secretary
Bond No. CA4098662
Premium: Included in Performance Bond
CITY OF UKIAH
Mendocino County, California
MATERIAL AND LABOR BOND
KNOW ALL MEN BY THESE PRESENTS,
That we the undersigned,
Siri Grading & Paving, Inc.
AS PRINCIPAL, and
Great American Insurance Company
AS SURETY,
are held firmly bound unto THE CITY OF UKIAH, hereinafter called the "City" in the penal sum of
Forty Two Thousand, One Hundred and Zero Cents - -- dollars ($ - - 42,100.00 --
for the payment of which sum we bind ourselves, our heirs, executors, administrators, and successors,
jointly and severally.
WHEREAS, the Principal has entered into a certain Contract with the City, dated December 17
20 15 , a copy of which is hereto attached and made a part hereof,
NOW, THEREFORE, the condition of this obligation is such that if the Principal shall in all respects fully
perform the Contract and all duly authorized modifications thereof, during its original term and any
extensions thereof that may be granted and during any guaranty period for which the Contract provides,
and if the Principal shall fully satisfy all claims, arising out of the prosecution of the work under the
Contract and shall fully indemnify the City for all expenses which it may incur by reason of such claims,
including its attorney's fees and court costs, and if the Principal shall make full payment to all persons
supplying labor, services, materials, or equipment in the prosecution of the work under the Contract, in
default of which such persons shall have a direct right of action hereupon; and if the Principal shall pay
or cause to be paid all sales and use taxes payable as a result of the performance of the Contract as well
as payment of gasoline and special motor fuels taxes in the performance of the Contract and all motor
vehicle fees required for commercial motor vehicles used in connection with the performance of the
Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect. No
modification of the Contract or extension of the term thereof, nor any forbearance on the part of the City
shall in any way release the Principal or the Surety from liability hereunder. Notice to the Surety of any
such modification, extension, or forbearance is hereby waived.
IN WITNESS WHEREOF, the aforesaid Principal and Surety have executed this instrument and affixed
their seals hereto, this 21st day of December ,20 15
OAK MANOR PARK 62 Spec. No. 15 -18
In the presence of:
WITNESS:
WITNESS:
ATT S
aziAz, 4/41
ATTEST:
SEAL)
Individual Principal)
Business Address)
City /State /Zip Code)
Siri Grading & Paving, Inc. (
SEAL)
Corporate Principal)
3289 Regional Parkway
Business Address)
Santa Rosa, CA 95403
City /State /Zip Code)
Siri Grading & Paving, Inc.
Corporate Principal) Affix
Corporate
Seal
3289 Regional Parkway
Business Address)
Santa Rosa, CA 95403
Jennifer • ouarn Attorne -in -Fact
City /State /Zip Code)
t American Insurance Company
Corporate Surety)
1255 Treat Blvd., Suite 810
Affix
Corporate
Seal
Business Address)
Walnut Creek, CA 94597
City /State /Zip Code)
The rate of premium on this bond is $ Included in Performance Bond per thousand.
OAK MANOR PARK 63 Spec. No. 15 -18
The total amount of premium charges is $ Included in Performance Bond
The above is to be filled in by Surety Company). (Power of Attorney of person signing for Surety
Company must be attached).
CERTIFICATE AS TO CORPORATE PRINCIPAL)
1, Artt --, J, i t - t----d-t--1 6l l, ` certify that I am the
Secretary of the corporation named as Principal in the foregoing
bond; that oc‘ l v; r c( _, O) .c f\ . (( , who signed the said bond on behalf of the
Principal, was then l )tr,i 7', r';c(,IL4 -- of said corporation; that I
know his signature, and that his signature thereto is enuine; and that said bond was duly signed,
sealed, and attested to for and in behalf of said corpo ation b a(utlyority of its governing body.
C( i2 --s,/ Affix Corporate Seal
OAK MANOR PARK 64 Spec. No. 15 -18
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of SONOMA
On December 21, 2015 before me, MARY DAVERIN, Notary Public
insert name and title of the officer)
personally appeared Jennifer Lelouarn, Attorney -In -Fact
who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is /afe
subscribed to the within instrument and acknowledged to me that #e /she /grey executed the same in
44+s /her /their authorized capacity(+es), and that by +s /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
Signature
i 4 iSeal)
MARY DAVERIN
F .+ :
Commission # 2053517
a -,- Notary Public - California z
Sonoma County r
My Comm. Expires Jan 22, 2018
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than TWO
No.0 14751
POWER OF ATTORNEY
KNOW ALL 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
PAUL RAMATICI
JENNIFER LELOUARN
Address Limit of Power
BOTH OF BOTH
PETALUMA, CALIFORNIA $100,000,000.00
This Power of Attorney revokes all previous powers issued on behalf of the attorney(s) -in -fact named above.
IN WITNESS 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 26TH day of MARCH 2015 .
Attest GREAT AMERICAN INSURANCE COMPANY
e. Zuae
Assistant Secretary Divisional Senior 61ce President
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (877 -377 -2405)
On this 26TH day of MARCH , 2015 , before me personally appeared DAVID C. KITCHIN, to me
known, being duly swom, 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.
JENNIFER MARIE RIMY
Notary Public, State of OW
My Commission EOM
This Power ofAttorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance CompanybyunanimouswrittenconsentdatedJune9, 2008.
RESOLVED: ED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Tice
Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact 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 any 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 any power of attorney or certfcate 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 Company as the original signature ofsuch
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.
CERTIFICATION
I, 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 sealed this 21st
S1029AE (01/15)
day of December 2015
e.
Assistant Secretary