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HomeMy Public PortalAbout2016 Performance Bond.tifBond # 929627971 Project Manual for Dog Park at Village Green Village of Key Biscayne SECTION 00610 PERFORMANCE BOND STATE OF FLORIDA) ss COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that FHP Tectonics Corp. as Principal, hereinafter called Contractor, and Continental Casualty Company as Surety, hereinafter called Surety, are held and firmly bound unto the Village of Key Biscayne , as Obligee, hereinafter called Owner, in the amount Eight Hundred Nine Thousand & 00/100 of Dollars ($ 809,000.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, contractor has by written agreement dated March 14 , entered into a Contract with Owner for: DOG PARK AT VILLAGE GREEN Village of Key Biscayne, Florida 20 16 in accordance with Drawings and Specifications prepared by Stantec Consulting Services Inc. which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that, if the Principal shall in all respects promptly and faithfully perform and comply with the terms and conditions of said Contract and his obligations thereunder and shall indemnify the Owner and the Consulting Engineer and save either or all of them harmless against and from all costs, expenses and damages arising from the performance of said Contract or the repair of any work thereunder, then this obligation 00610-1 Project Manual for Dog Park at Village Green Village of Key Biscayne shall be void; otherwise, this Bond shall remain in full force and effect, in accordance with the following terms and conditions: A. The Principal and Surety jointly and severally agree to pay the Owner any difference between the sum to which the said Principal would be entitled on the completion of the Contract, and that sum which the Owner may be obliged to pay for the completion of said work by Contract or otherwise, and any damages, direct or indirect or consequential, which the said Owner may sustain on account of such work, or on account of the failure of said Contractor to properly and in all things, keep and execute all of the provision of said Contract. B. And this Bond shall remain in full force and effect for a period of one (1) year from the date of acceptance of the project by the Owner and shall provide that the Contractor guarantees to repair or replace for said period of one (1) year all work performed and materials and equipment furnished that were not performed or furnished according to the terms of the Contract, and shall make good, defects thereof which have become apparent before the expiration of said period of one (1) year. If any part of the project, in the judgment of the Owner, for the reasons above stated needs to be replaced, repaired or made good during that time, the Owner shall so notify the Contractor in writing. If the Contractor refuses or neglects to do such work within five (5) days from the date of service of such Notice, the Owner shall have the work done by others and the cost thereof shall be paid by the Contractor or his Surety. C. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract 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 change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. D. The surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's Rating of " A and Financial Category of "Class xv 00610-2 Project Manual for Dog Park a1 Village Green Village of Key Biscayne IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this 15th day of March 20 16 , A.D., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required). (If Corporation, Secretary Only will attest and affix seal). WIT ESSES: 034.0 -Rtf PRINCIP .; ec•.icsCorp. Sji natur- .f A orized Officer r;Vel • el) r% (Affix Seal) OpeAra-VionS Manage if Title 2501 E. Commercial Blvd., Suite 100-101 Business Addresses Ft. Lauderdale, Florida 33308 City, State & Zip Code WITNESSES: SURETY: Continental Casualty Company Triniy tE1 is 00610- 3 kebecca}lobbs T ` s arporate Surety Adri@nne C. Stevenson Attorney -in -Fact Title 333 S. Wabash Avenue, 41st Floor Business Address Chicago, Illinois 60604 City, State & Zip Code Marsh USA, Inc. Name of Local Insurance Agency Project Manual for Dog Park at Village Green Village of Key Biscayne CERTIFICATES AS TO CORPORATE PRINCIPAL • 1, Ka.4W-o l 1�a}11SOr certify that I a(r� t eiecretary of the Corporation names as Principal in the within Bond; that K�t'e Inarvor, who signed the said bond on behalf of the Principal, was the ? AI:A- W1-5 inancll'✓ of said Corporation; that I know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. A%k-Secretary (Corporate Seal) STATE OF Illinois ) 55 COUNTY OF Cook ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Adrienne C. Stevenson to me well known, who being by me first duly sworn upon oath, says that she is the Attorney in Fact, for the and that she has been authorized by Continental Casualty Company to execute the foregoing bond on behalf of the Contractor named therein in favor of the Village of Key Biscayne, Florida. Sworn and subscribed to before me this 16th day of March 20 16 A.D. (Attach Power of Attorney) 00610-4 OFFICIAL SEAL REBECCA II Sta St of ate Illinois Notary Expires 810612018 My Commission Notary Public - 'it e of Illinois My Commission Expires: August 6, 2018 END OF SECTION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Form F6853-4/2012 Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint C R Hernandez, Beatriz Polito, Adrienne C Stevenson, John K Johnson, Amy B Wickett, Katherine J Foreit, Michael Dougherty, Triniy Garcia, Rebecca Hobbs , Individually of Chicago, IL, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies hove caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of June, 2015. Continental Casualty Company National Fire Insurance Company of Hartford American Crs1ty Company of Reading, Pennsylvania Paul T. Bruflat / Vice President State of South Dakota, County of Minnehaha, ss: On this 9th day of June, 2015, before me personally came Paul T. Bruflat to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. • S. EICH "t ;'.tWJ5QRar Pu OeCA_ ti aouxa ouwrx I My Commission Expires February 12, 2021 S. Eich CERTIFICATE ••J • ��'/�+ Notary Public I, D. Bult, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attomey herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 15th day of March , 2019 . Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Bult Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE HOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer 10 sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25t day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of lace nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA; This Power of Attorney is made and executed pursuant to and by authority of the following resolution duy adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attomry is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attomry fs signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25° day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers-) to execute various policies, bonds, undertakings and other obligatory instruments of lace nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic formal (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." Bond # 929627971 Project Manual for Dog Park at Village Green Village of Key Biscayne SECTION 00620 PAYMENT BOND STATE OF FLORIDA) ss COUNTY OF KNOW ALL MEN BY THESE PRESENTS, that FHP Tectonics Corp. as Principal, hereinafter called Contractor, and Continental Casualty Company as Surety, hereinafter called Surety, are held and firmly bound unto the Village of Key Biscayne, as Obligee, hereinafter called Owner, in the amount of Eight Hundred Nine Thousand & 00/100 Dollars ($ 809,000.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated March 14 2016 , entered into a Contract with Owner for: DOG PARK AT VILLAGE GREEN Village of Key Biscayne, Florida in accordance with Drawings and Specifications prepared by Stantec Consulting Services Inc. which Contract is by reference made a part hereof and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall promptly make payment to all claimants, as herein below defined, then this obligation shall be void; otherwise, this Bond shall remain in full force and effect, subject to the following terms and conditions: A. A claimant is defined as any person supplying the Principal with labor, material and supplies, used directly or indirectly by the said Principal or any subcontractor in the prosecution of the work provided for in said Contract, and is further defined in Section 255.05(1) of the Florida Statutes. B. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full 00620- 1 Project Manual for Dog Park at Village Green Village of Key Biscayne before the expiration of a period of ninety (90) days after performance of the labor or after complete delivery of materials and supplies by such claimant, may sue on this Bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. C. No suit or action shall be commenced hereunder by any claimant. 1. Unless claimant, other than one having a direct contract with the Principal, shall within forty five (45) days after beginning to furnish labor, materials or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to this bond for protection. 2. Unless claimant, other than one having a direct contract with the Principal, shall within ninety (90) days after such claimant's performance of the labor or complete delivery of materials and supplies, deliver to the Principal written notice of the performance of such labor or delivery of such material and supplies and the nonpayment therefore. 3. After the expiration of one (1) year from the performance of the labor or completion of delivery of the materials and supplies; it being understood, however, that if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof such limitations shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. 4. Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. D. The Principal and the Surety jointly and severally, shall repay the Owner any sum which the Owner may be compelled to pay because of any lien for labor or materials furnished for any work included in or provided by said Contract. E. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration of or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications applicable thereto shall in any way affect its obligations on this Bond, and the Surety hereby waives notice of any such change, extension of time, alterations of or addition to the terms of the Contract, or to the work or to the Specifications. 00620- 2 Project Manual for Dog Park at Village Green Village of Key Biscayne F. The Surety represents and warrants to the Owner that they have a Best's Key Rating Guide General Policyholder's rating of " A " and Financial Category of "Class xv IN WITNESS WHEREOF, the above bounded parties executed this instrument under their several seals, this 15th day of March 20 16 , A.D., the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. WITNESS: (If Sole Ownership or Partnership, two (2) Witnesses Required). (If Corporation, Secretary Only will attest and affix seal). WITNESSES: Triniy - is Reb cca Hobbs 00620-3 PRINCIPA : H .nics Corp. S�ygaturc.f A t orized Officer K e'i (Affix Seal) O XGA.ivn mOng TA/ Title 2501 E. Commercial Blvd., Suite 100-101 Business Addresses Ft. Lauderdale, Florida 33308 City, State & Zip Code SURETY: Continental Casua Company orporate Surety Adrienne Ce Stevenson Attorney -in -Fact Title 333 S. Wabash Avenue, 41st Floor Business Address Project Manual for Dog Park at Village Green Village of Key Biscayne Chicago, Illinois 60604 City, State & Zip Code Marsh USA, Inc. Name of Local Insurance Agency CERTIFICATES AS TO CORPORATE PRINCIPAL I, 14•^4‘ t h •4i SOV1 certify that 1 dam theme Secretary of the Corporation names as Principal in the within Bond; that fTiFe.. PUYrVy\ who signed the said bond on behalf of the Principal, was the Uj VG i-i1WIS Mci i3€V of said Corporation; that 1 know his signature, and his signature hereto is genuine; and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. AS5 rSecretary (Corporate Seal) STATE OF Illinois ) ss COUNTY OF Cook ) Before me, a Notary Public, duly commissioned, qualified and acting, personally appeared Adrienne C. Stevenson to me well known, who being by me first duly sworn upon oath, says that she is the Attorney in Fact, for the and that she has been authorized by Continental Casualty Company to execute the foregoing bond on behalf of the Contractor named therein in favor of the Village of Key Biscayne, Florida. Sworn and subscribed to before me this 15th day of March (Attach Power of Attorney) 00620- 4 OFFICIAL SEAL REBECCA J. HOBBS Notary Public - Sta 810 of Illinois My Commission Expires 20 16 A.D. Notary Public Y'9e fo Ill nol� 5" My Commission Expires: August 6, 2018 END OF SECTION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Form F6853-412012 Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and Amcnican Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint C R Hernandez, Beatriz Polito, Adrienne C Stevenson, John K Johnson, Amy B Wickett, Katherine J Foreit, Michael Dougherty, Trinly Garcia, Rebecca Hobbs , Individually of Chicago, IL, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed an the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies, In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 9th day of June, 2015. Continental Casualty Company National Fire Insurance Company of Hartford American Cas Ity Company of Reading, Pennsylvania Paul T. Bruflat Vice President State of South Dakota, County of Minnehaha, ss: On this 9th day of June, 2015, before me personally came Paul T. Brunet to me known, who, being by me duly swom, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. • B. EICH tr.thaeuA/M Pusueerpj /vT+aOlnit DAROTA My Commission Expires February 12, 2021 S. Eich CERTIFICATE Notary Public I, D. Bolt, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 15th day of March 2016 • Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Butt Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authonzed pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 2510 day of Apnl, 2012. "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of hire nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy formal, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authonu an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a desorption of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective" This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251° day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authonzed various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney's made and executed pursuant to and by authority of the following resolution duy adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company poor to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 250 day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies, bonds, undertakings and other obligatory instruments of lace nature, and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be It resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company,"