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18-0126_SIEMENS INDUSTRY, INC._Performance & Payment Bonds 8246-09-66 - 9276160Bond Number: 8246-09-66/9276160 00 6113-BOND FORMS 1.1 Performance Bond . KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano, (hereinafter referred to as "City") has awarded to Siemens Industry Inc. , (hereinafter referred to as the "Contractor") an agreement for the LED Streetlight Conversion Project Contract, (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated 1/26/2018 , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Siemens Industry Inc. , the undersigned Contractor and Federal Insurance Company and Fidelity and Deposit Company of Maryland as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ::~·;:::n~o~t;Y ·TviOThousana Three Hundre<l Elg~ty-Elg hl DOLLARS, ($ ~s2 .3ss.1s ), said sum being not less than one hundred percent (1 00%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations 61147.91007\30425843.2 -8 -00 6113-BOND FORMS under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61147.91007\30425843 .2 -9-00 61 13 -BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this __ 29_th_ day of January , 20_1_8 _. ) Title Federal Insurance Comapny and Fidelity and O~po1.it Co-mpany of Maryland (Attach Attorney-in-Fact Certificate) Title Brittany D. Clavin, Attorn~y-ln-Fact The rate of premium on this bond is $340/$3.72 per thousand. The total amount of premium chargesis$ __ ~$1~,s_1 _o._oo __ ~~-----------------· (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) Federal Insurance Company-2028 Halls Mill Rd, Whitehouse Station, NJ 08889 (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 61147.91007\30425843.2 Fidelity and Depo.sti Companv of Maryland -1200 Zurich Way, Schaumburg, tL 60196 Austin Neff 345 California Street. Suite 1300 San francis co CA 91104 908-903-3493/800-987-3373/415-743-8219 -10-00 6113-BOND FORMS Notary Acknowledgment A notary public or other officer completing th is certificate veri fies only the id entity of the indivcdua l who signed the do cument to which this certificate is attached, ana not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF _____ _ On ________ ___,_. 20_, before me, -----------+-----' Notary Public, personally appeared ____________________ _ evidence to be the person(s) whose name(s) is/are subscribe to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their a orized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or th e entity u on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws f the State of California that the foregoing paragraph is true and correct. ITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not r q ulred by la w . it may prove valuable to persons relying on the document and could prevent fraudu nl removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIG .. Individual .. Corporate Officer .. Partner(s) .. Attorney-In-Fact .. Trustee(s) .. Guardlan/Conservato .. Other: Ti lle (s) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number of Pages Dale or Document Signer(s) Other Than Named Above This acknowledgment is to be completed for Contractor/Principal. 61147.91007\30425843.2 -11-00 61 13-BOND FORMS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ~~~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~ A notary public or other officer completing th is 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 8~v.u-s-;A On j'"'~ ~~ J Ml t Date Here Insert Name and Title of the Officer personally appeared __,_\--1---'-'-'\~=-=--=..;.;::.c.-~(_=J......,;..... _._~"'--='----'------=-=.s=-----------------­ Name(s) of Signer(s) wh o proved t o me on t he basi s of satisfactory evid ence t o be t he pers o ~ w hose name(a) is/are subscribed to the within instrument and acknowledged to me that he/sl:le/.ti'teV executed the same in hi s/berltbefr authorized capac ity£i.9a}, and t hat by hi s/J;IerttAeir s ig natu re~on the inst rument the perso n(et; or the entity upon behalf of which the perso ~cted, executed the instrument. ~-··········· .... ,. MELISSA M. TORNA :e. Not .... ,,,k-Con., .. ,. 1 ~ ·• Riverside County J . . Commission# 2199403 - -My Comm. Expires May 28 , 2021 Place Notary Sea/ Above 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 an official seal. ----------------------------OPTIONAL ----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:---------------------------- Document Dme: ___________________ NumberofPages: _____ _ Signer(s) Other Than Named Above: ----------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: -------------- Signer Is Representing: _________ _ Signer Is Representing: ________ _ ,.;:;,. -~· ©2016 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Notary Acknowledgment A notary public or other officer com pleting this certificate ve rifies only the id entity of the indiv idual who signed the do cument to wh ich this certificate is attached , ana not the truthfulness, accuracy, or validity of that document. Missouri STATE OF ~Xl~~ COUNTY OF St. Louis ------ On Janua ry 29th 20~, before me, __ .::.csa:::;.n.::.cdr;.::;a..::L;....;. H..;.:a:::;.m;__ _______ , Notary Public, personally appeared Brittany D. Clav in , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/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. SANDRA l. HAM Notary Public, Notary Seal state of Mlssovrl St. LO UIS CounTy Ceml¥\i~Oflltlry1F!M1~0 1 7 7 My commtsalon Expi res January 16, 2021 WITNESS my hand and official seal. 7 L~d r-7(/J-- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER .. Individual .. Corporate Officer .. Partner(s) x Attorney-In-Fact Trustee(s) .. Guardian/Conservator .. Other: Signer is representing: Title(s) Name Of Person(s) Or Entity(ies) Limited General Federal Insurance Company and Fidelity and Deposit Company of Marvland DESCRIPTION OF ATTACHED DOCUMENT Bond Forms Tll!e or Type of Document Three Num ber of Pages January 29th, 2018 Date of Document Sfgner(s) Oth er Than Nam ed Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND 61147.91007\30425843.2 -12-00 61 13 -BOND FORMS CHUBB" Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents. That FEDERAL INSURANCE COMPANY. an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation. do each hereby constitute and appoint Pamela A. Beelman, Cynthia L. Choren, Brittany D. Clavin, Joann R. Frank, Sandra L. Ham, Heidi A. Notheisen, Karen L. Roider and Debra C. Schneider of St. Louis, Missouri--------------------------------------------------------------------- each as their true and lawlul Attorney-in-Fact to execute under such designation in their names and to alflx their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds on behalf of contractors in connection with bids, proposals or contracts to the Commonwealth of Kentucky in an unlimited amount. It is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-Department of Highways ofthe Commonwealth of Kentucky at least thirty days prior to the modification or revocation. In Witness Whereof, said FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and alfLXed their corporate seals on this 22"" day of September, 2017. 11ilWll 1-1. Chlur< ~. As.~ist;nll SLx:rc:t;u y Stephen ~l .llancy. Vicl' President STATE OF NEW JERSEY County ofHunterdon ss . On this 22"" day of September, 2017 before me, a Notary Public of New jersey, personally came Dawn M. Chloros. to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof. that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto alflxed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal KATHERINE J. ADELMR NOTARY PUBLIC OF NEW JERSEY No. 23113!186 commission E><plr.,. July 16, 21H9 CERTIFICATION Resolutions adopted by the Boards ofDirectors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments of the OJmpany entered into in 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 attorney·in-fact 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, to the extent that such action is authorized by the grant of powers provided for in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized. for and on behalf of the Company, to appoint in writing any person the attorney- in·fact of the Company with full power and authority to execute, for and on behalf of the Company, under 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 dass of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate in writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or 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 and authority of officers, employees and other persons to act 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 granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S . Treasury Department; further, Federal and Vigilant are licensed in the U.S . Virgin Islands, and Federal is licensed in Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this 29th day of January , ?91~·,.v CJcu..u.,.__ m. ~~ (i)eGJ IN THE EVENT YOU WISH TO NOTIFY US Of A CLAJM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MAITER, PLEASE CONTACT US AT: Tele hone (908) 903-3493 fax (908) 903-3656 e·mail: sure @chubb.com Form 15-10-01928-U KY HWY (rev. 12-16) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2016 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments................ $ United States Government, State and Municipal Bonds ........................................ . Other Bonds ................................................. . Stocks .......................................................... . Other Invested Assets .................................. . TOTAL INVESTMENTS ............................. .. Investments in Affiliates: Chubb Investment Holdings, Inc ............... . Pacific Indemnity Company ....................... . Executive Risk Indemnity Inc ..................... . Great Northern Insurance Company ......... . Vigilant Insurance Company ...................... . Chubb European Investment Holdings, SLP . Chubb Custom Insurance Company ......... . Chubb National Insurance Company ........ . Chubb Indemnity Insurance Company ...... . Other Affiliates ........................................... . Premiums Receivable .................................. . Other Assets ............................................... .. {86,990) 8,135,311 5,471,330 130,689 1,289,903 14,940,243 3,727,406 2,926,619 1,250,965 504,162 319,505 277,361 214,956 162,929 163,668 70,204 1,51 0,107 1,303,050 Outstanding Losses and Loss Expenses ..... $ Unearned Premiums .................................... . Ceded Reinsurance Premiums Payable ...... . Provision for Reinsurance ........................... . Other Liabilities ............................................ . TOTAL LIABILITIES ................................... . Capital Stock ............................................... . Paid-In Surplus ............................................ . Unassigned Funds ...................................... . SURPLUS TO POLICYHOLDERS ............. . TOTAL LIABILITIES AND SURPLUS 11,482,308 2,723,875 566,868 29,339 1,144,976 15,947,366 20,980 3,106,809 8,296,020 11,423,809 TOTAL ADMITIED ASSETS ...................... $ 27 ,371 ,175 TO POLICYHOLDERS............................. $ 27,371 , 175 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. At December 31, 2016, investments with a carrying value of $565,702,495 were deposited with government authorities as required by law. State, County & City of New York, -ss: ________ D_a_w_n _M_. C_h_lo_r_o_s_, _A_s _s _is_ta_n_t_S_e_c_r_e_ta_ry-'-------of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2016 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2016. Subscribed and sworn to before me this March 3, 2017. (.\A ..a , n Uo ~ JEANETTE SHIPSEY ----1~:-J----,...,....---:::-.,....,---If--f------Notary Public, State of New York Nota~ No. 02SH5074142 Form 15-10-0313A (Rev. 3/17) Qualified in Nassau County Commission Expires March 10 , 2019 Assistant Secretary ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State ofNew York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by Thomas 0. McClellan, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Brittany D. Clavin of St. Louis, Missouri its true and lawful agent and Attorney- in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certifY that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of October, A.D. 2015. By: Thomas 0. McClellan Vice President State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Eric D. Barnes Secretary On this 14th day of October, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Thomas 0. McClellan, Vice President and Eric D. Barnes, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. By: Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8,Attomcys-i11-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force . This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day ofDecember 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company ." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May , 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the lOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 29th day of January 2018 By: Gerald F . Haley, Vice President FIDELITY AND DEPOSIT COMPAN Y OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31,2015 ASSETS Bonds ............................................................................................................................................... $ 142,878,497 Stocks ............................................................................................................................................... 22,315,096 Cash and Short Term Investments.................................................................................................... 337,835 Reinsurance Recoverable................................................................................................................. 24,731,651 Other Accounts Receivable.............................................................................................................. 19,935,844 TOTALADMITTEDAsSETS ........................................................................................................ $ 210,198,923 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ...................................................................................................... $ Ceded Reinsurance Premiums Payable .......................................................................................... .. Securities Lending Collateral Liability ........................................................................................... . TOTAL LIABILITIES .................................................................................................................... $ Capital Stock, Paid Up ........................................................................................ $ 5,000,000 Surplus . . . . . . .... .......................... .... .. .. . ....... .... .... . .. ... ............... ..... . . ............ ... .... . .... 164,696,178 46,436 40,456,309 0 40,502,745 Surplus as regards Policyholders...................................................................................................... 169,696,178 TOTAL ....................................................................................................................................... $ 210,198,923 Securities carried at $57,996,983 in the above statement are deposited with various states as required by law. Secmities can'ied on the basis prescribed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks owned, the Company's total admitted assets at December 31, 2015 would be $212,137,795 and surplus as regards policyholders $171,635,049. I, DENNIS F. KERRIGAN, Corporate Secretary of the FrDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby cettify that the foregoing statement is a cmTect exhibit of the assets and liabilities of the said Company on the 31st day ofDecember, 2015 . Corporate Secretary State of Illinois City of Schaumburg } SS: Subscribed and sworn to, before me, a Notary Public of the State oflllinois, in the City of Schaumburg, this 15th day of March, 2016. DARRYL JOINER OFF ICIAL SEAL Nolwy f'ubflc • Slalo ol llllnolc My Coollmlsslonl.'.xplros ~~~~F~cb~IU~D~~~2~4,~20~1P~~~~~ Nolaty Public Bond Number: 6246 -09-66/9276160 1.2 Pa yment Bond (L abor and Materi al s). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed January 26th , 20_1_6_, has awarded to Siemens Industry Inc., hereinafter designated as the "Principal ," a contract for the work described as follows : LED STREETLIGHT CONVERSION PROJECT (the "Project"); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld , and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. Federal Insurance Company and Fidelity NOW THEREFORE, we, the Principal and and Deposit Company of Maryland as Surety, are held and firmly bound unto the City in the penal sum of Four Hundred Fifty-Two Thousand Three Hundred Eighty-Eight and 15/1 00 Dollars ($452 ,388.15) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in , upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described , nor by any rescission or attempted rescission or attempted rescission of the contract , agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of 61147.91007\30425843 .2 -13-DO 61 13-BON D FORMS recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this _=..:29-=-th'----day of __;_;.......;_'"'"'"-----· 20 __!!. (Attach Attorney-in-Fact Certificate) 61147.91007\30425843.2 -14- Federal Insurance Company and Fidelity and Deposit Company of Maryland Sur~ ~ ~ n •. _r, By r:::LJ )._)(_jij./ 'V YV' Attom e m-act Title Brittany D. Clavin, Attorney-In-Fact 00 61 13-BOND FORMS Notary Acknowledgment A nota ry public or other officer comp leting th is certif icate veri fi es on ly the ide ntity of the individual who sig ned th e do cu ment to which th is certificate is atta ched, ana not th e truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF _________ _ On ________ ___. 20_, before me,---------~~---· Notary Public, personally appeared _________________________________ __ evidence to be the person(s ) whose name(s ) is/are subscribed t e within instrument and acknowledged to me that he/she/they executed the same in his/her/their auth ized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upo behalf of which the person(s) acted , executed the instrument. I certify under PENALTY OF PERJURY under the laws o he State of California that the foregoing paragraph is true and correct. TNESS my hand and official seal. t~ A++A~""c:oe ~.._~ Signature of Notary Public OPTIONAL Though the information below is not r ulred b y law, it may prove valuable to persons relying on the document and could prevent fra udul t removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIG .. Individual ·· Corporate Officer ·· Partner(s) ·· Attorney-In-Fact .. Trustee(s) ·· Guardian /Co nserva to ·· Other: Title(s) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Docu ment Num ber or Pages Date of Document Signer(s) Other T h an Named Above This acknowledgment is to be completed for Contractor/Principal. 61147.91007\30425843.2 -15-00 6113-BOND FORMS CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 J\iVc.<' iJ-c. On J£Mn.~ 31, J.o \ i before me , M-c...-hSs6. H · J"o~-No~ fu.J.J,· <.. , Date Here Insert Name and Title of the Officer pernon~~ appea~d ~~~~i~~~~~~~~~~·-~~~~f~~~~~~s~~~~~~~~~~~~~ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose nameksr is/~ subscribed to the within instrument and acknowledged to me that he/~t~ executed the same in his/!;}lirttbetf authorized capacityjies), and that by his/bef/U:Iefr signatur~ on the instrument the perso~. or the entity upon behalf of which the perso~ acted, executed the instrument. I ............ ~ .. ·~··· @...... MELISSA M. TORN A ~ -ii!i. Notary Public -Calilorni ~ ! ~ .• Riverside Counr y ~ Commission# 2199403 ·- My Comm. Expires May 28, 2021 Place Notary Sea/ Above 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 of Notary Public ----------------------------OPTIONAL ----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:---------------------------- Document Date: -------------------Number of Pages: _____ _ Signer(s) Other Than Named Above: ----------------------- Capacity(ies) Claimed by Signer(s) Signer's Name:------------Signer's Name:------------ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ D Partner-D Limited 0 General 0 Partner -D Limited 0 General D Individual 0 Attorney in Fact D Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other:--------------0 Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ~' ·-·~~ ©2016 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individua l who signed the document to which this certificate is attached , ana not the truthfulness, accuracy, or validity of that document. Missouri STATE OF <Mt.~mtMA'< COUNTY OF St. Louis ------ On January 29th 20~, before me, ___ s_a_nd_r_a _L _H_a_m ________ , Notary Public, personally appeared Brittany D. Clavin , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/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. SANgRA l. HAM Notary Pu lie. Notary Seal state or Missouri st. ouls Co u nty Co B~Bi<PtN61a~fll@ 1 7 7 My Comm fufon Expires January 18, 2021 WITNESS my hand and official seal. ; kdru_ y{!/- OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER ·· Individual ·· Corporate Officer ·· Partner(s) ·')( Attorney-In-Fact ·· Trustee(s) ·· Guardian/Conservator ·· Other: Signer is representing: Title(s) Name Of Person(s) Or Entity(ies) Limited General DESCRIPTION OF ATTACHED DOCUMENT Bond Forms _____________ _u~m.~oLI~~~~Dowmeru _________ 1 _______ _ Three Number of Pages January 29th, 2018 Date of Document Federal Insurance Company and Fidelity and Deposit Company ofMarvland Signer(s) Other Than Named Above , NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached . END OF PAYMENT BOND 61147.91007\30425843.2 -16-00 6113-BOND FORMS CHUBB ' Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corpo ration, VIGILANT INSURANCE COMPANY. a New York corporation, and PACIFIC INDEMNITY COMPANY. a Wisconsin corpora tion, do each hereby constitute and a ppoint Pamela A. Seelman, Cynthia L. Choren, Brittany D. Clavin, Joann R. Frank, Sandra L. Ham, Heidi A. Notheisen, Karen L. Reider and Debra C. Schneider of St. Louis, Missouri--------------------------------------------------------------------- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds on behalf of contractors in connection with bids, proposals or contracts to the Commonwealth of Kentucky in an unlimited amount. It is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner· Department of Highways of the Commonwealth of Kentucky at least thirty days prior to the modification or revocation. In Witness Whereof. said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 22"" day of September, 2017. Srcphcn M.llanl'y. Vicl' President STATE OF NEW JERSEY County of Hunterdon ss. On this 22"" day of September, 2017 before me, a Notary Public of New jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY . the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen M, Haney, and was thereto subscribed by authority of said Companies and in deponent's presence. Notarial Seal KATHERINE J. ADELMR NOTARY PUBLIC OF NEW JERSEY Nc. 231(1006 commission Etpl""' Julf t~. 2019 CERTIFICATION Resolutions adopted by the Boards ofDirectors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30.2016: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company. of bonds, undertakings, recogniza nces, contracts and other written commitments of the Company entered into in the ordinary course of business (each a "Written Commitment"): (l) 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 th e seal of the Company orothenvise. (2) Each duly appointed attorney-in-fact 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, to the extent that such action is authorized by the grant of powers provided ror in such person's written appointment as such attorney-in-fact. (3) Each of the Chairman. the President and the Vice Presidents of the Company Is hereby authorized, for and on behalf of the Company, to appoint in writing any person the attorney· in· fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such \N'Titten appointment, which specification may be by general type or class of Written Commitments or by specification of one or more panicular Written Commitments. (4) Each of the Chairman. the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company. to delegate in writing to any other officer of the Company the authority to execute. for and on behalf of the Company, under the Company's seal or otherwise. such Written Commitments of the Company as are specified in such written delegation, which specification may be by general type or class of Wrlnen Commitments or by specification of one or 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 and authority of officers. employees and other persons to act 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 granted or vested." I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in Guam, Puerto Rico. and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true. correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station, NJ, this •e ~ 29th day of January, 2018. CJUW't--'ff\. ~~ IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US Of ANY OTHER MATIER, PLEASE CONTACT US AT: Tele hone (908) 903· 3493 Fax (908) 903· 3656 e·mail: suretv@chubb.com Form 15-10-01928-U KY HWY (rev 12-16) FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2016 (in thousands of dollars) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments................ $ United States Government, State and Municipal Bonds ........................................ . Other Bonds ................................................. . Stocks .......................................................... . Other Invested Assets .................................. . TOTAL INVESTMENTS .............................. . Investments in Affiliates: Chubb Investment Holdings, Inc ............... . Pacific Indemnity Company ....................... . Executive Risk Indemnity Inc ..................... . Great Northern Insurance Company ......... . Vigilant Insurance Company ...................... . Chubb European Investment Holdings, SLP . Chubb Custom Insurance Company ......... . Chubb National Insurance Company ........ . Chubb Indemnity Insurance Company ...... . Other Affiliates ........................................... . Premiums Receivable .................................. . Other Assets ................................................ . (86,990) 8,135,311 5,471,330 130,689 1,289,903 14,940,243 3,727,406 2,926,619 1,250,965 504,162 319,505 277,361 214,956 162,929 163,668 70,204 1,51 0,107 1,303,050 Outstanding Losses and Loss Expenses ..... $ Unearned Premiums .................................... . Ceded Reinsurance Premiums Payable ...... . Provision for Reinsurance ........................... . Other Liabilities ............................................ . TOTAL LIABILITIES ................................... . Capital Stock ............................................... . Paid-In Surplus ............................................ . Unassigned Funds ...................................... . SURPLUS TO POLICYHOLDERS ............. . TOTAL LIABILITIES AND SURPLUS 11,482,308 2,723,875 566,868 29,339 1,144,976 15,947,366 20,980 3,106,809 8,296,020 11,423,809 TOTAL ADMITTED ASSETS ...................... $ 27,371,175 TO POLICYHOLDERS............................. $ 27,371 , 175 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. At December 31, 2016, investments with a carrying value of $565,702,495 were deposited with government authorities as required by law. State, County & City of New York, -ss: ________ D_a_w_n _M_. _C_h_lo_r_o_s.:...., _A_s _s _is_ta_n_t_S_e_c_r_e_ta_ry-=------of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2016 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2016. Subscribed and sworn to before me this March 3, 2017. (\ o .t , .Jio ~ JEANETIE SHIPSEY ---h~l--------------l--1------Notary Public. State of New York Nota ~ No. 02SH5074142 Form 15-1 0-0313A (Rev. 3/17) Qualified in Nassau County Commission Expires March 10 . 2019 Assistant Secretary ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT OMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by T homas 0 . McClellan, Vice Presid ent, in pursuance of authority grnnted by Article V, Section 8, ofthe By -Laws of said Companies, which are se t forth on the reverse side hereof and are hereby certified to be in full for ce and effect on the date hereof, do hereby nominate, constitute, and appoint Brittany D. Clavin of St. Louis, Missouri its lnte and lawful agent and Atto rney- in-Fact, to make, execute , seal and deliver, for , and on it s behalf as surely, and as its act and deed : a ny and all bonds and under taki ngs, and the execution of such bonds or undertakings in pursuance of these presents shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the re gt1lnrly elected officers of the ZURICH AMERICA TNSURANCE OMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland ., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certifY that the extract set forth on the reverse side hereof is a tnte copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of October, A.D. 2015. By: Thomas 0 . McClellan Vice Presidenl State of Maryland County of Baltimore ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Eric D. Barnes Secrelary Onlhis 14th day of October, A.D. 2015 , before lhe subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Thomas 0. McClell nn, Vice P r ~si dent and Eric D. Barnes, Secretary oflhe Companies , to me personally known to be the individuals and officers described in and who executed the preceding instmment, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he /she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corpora1c Seals of said Companies, and th at the sa id Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the aulhority and direc tion of the said Corporati o ns. IN TESTIMONY WHEREOF, I have here unto set my hand and affixed my Official Seal the day and year first above written, By: Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may , by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipula tions, undertakings or other lik e in struments on behalf of th e Company, und may authorize Hny officer or any uch attorney-in-fact to affix the corporate seal thereto: and may with or without cause modify of revoke any such appointment or autho rity at any tim e ." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED : "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attomey ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, !994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 29th day of January 2018 0 ,.. • By: Gerald F. Haley, Vice President FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31,2015 ASSETS Bonds ............................................................................................................................................... $ Stocks .............................................................................................................................................. . Cash and Short Term Investments ................................................................................................... . Reinsurance Recoverable ................................................................................................................ . Other Accounts Receivable ............................................................................................................. . TOTALADMITTEDASSETS ........................................................................................................ $ LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses ...................................................................................................... $ Ceded Reinsurance Premiums Payable .......................................................................................... .. Securities Lending Collateral Liability ........................................................................................... .. TOTAL LIABILITIES .................................................................................................................... $ Capital Stock, Paid Up ........................................................................................ $ 5,000,000 Surplus ................................................................................................................ 164,696,178 142,878,497 22,315,096 337,835 24,731,651 19,935,844 210,198,923 46,436 40,456,309 0 40,502,745 Surplus as regards Policyholders...................................................................................................... 169,696,178 TOTAL ....................................................................................................................................... $ 210,198,923 Securities carried at $57,996,983 in the above statement are deposited with various states as required by law. Securities carried on the basis presclibed by the National Association of Insurance Commissioners. On the basis of market quotations for all bonds and stocks owned, the Company's total admitted assets at December 31, 2015 would be $212,137,795 and surplus as regards policyholders $171,635,049. I, DENNIS F. KERRIGAN, Corporate Secretary of the FrDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby cettizy that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day ofDecember, 2015. Co1porate Secretary State ofillinois } City of Schaumburg SS: Subscribed and sworn to, before m~, a Notary Public of the State oflllinois, in the City of Schaumburg, this 15th day of March, 2016. DARRYl JOIN!;R OFFICIAL SEAL N~lary f'ubfrc • Sl nlo olllllnol5 My Commls~lon l:,xp lros FO!i<.UDIY 211, 20 I 0 Nolaty Public