17-R-88 - Tank Pro Inc for repainting elevated storage tanksWHEREAS, the city staff of the City of Schertz (the "City ") has recommended that the
City enter into a contract for tank painting services, for the Schertz elevated tank located at FM
3009 and FM 2252; and
WHEREAS, the City solicited competitive sealed bids from qualified vendors for tank
painting services related to the Schertz elevated tank repainting project; and
WHEREAS, after extensive analysis of the responses provided by each of the eight (8)
prospective vendors, City staff is confident that Tank Pro, Inc. can provide the best service at the
best value; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Tank Pro, Inc. for the Schertz Elevated Storage Tank Repainting Project bid;
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
trw[al
Section 1. The City Council hereby authorizes the City Manager to execute and enter
into a contract with Tank Pro, Inc. in the amount of $391,537.00 and to establish a contingency
of $40,000.00 for an overall not to exceed price for this project of $431,537.00 for the Schertz
Elevated Tank Repainting Project as substantially set forth in the Contract, Attachment 1.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision. r
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 10th day of October, 2017.
CITY OF SCJJyRTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
renda Dennis, City Secretary
(CITY SEAL)
Evigagumv 1
l 1 =M I IR
19
This Agreement is made and entered into as of the day of , 2017 by and
between the:
"OWNER"
The City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
210.619.1000 t
210.619.1009 f
and
"CONTRACTOR"
Tank Pro, Inc.
5500 Watermelon Road
Northport, AL 35473
205.750.0444 t
for the following Project:
SCHERTZ ELEVATED STORAGE TANK REPAINTING # 17- PW- 33 -C -03
Schertz City Project #WA -C -1701
The ENGINEER for the Project is:
Ford Engineering, Inc.
10927 Wye Drive, Suite 104
San Antonio, Texas 78217
210.590.4777 t
210.590.4940 f
SFA - 1
Unless otherwise provided in these Contract Documents, the CONTRACTOR shall be responsible
for performing or causing to be performed all Work including labor and materials, necessary to build,
construct, erect and equip in accordance with the Contract Documents and at its own proper cost and
expenses to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor,
insurance, and other accessories and services necessary to complete the said construction, in
accordance with the conditions and prices stated in the Proposal attached hereto.
The Contract Documents for this Project include this Standard Form of Agreement and the following
documents, if applicable:
• Request For Competitive Sealed Proposals "Schertz Elevated Storage Tank
Repainting 417- PW- 33- C -03 ", Schertz Project # WA -C -1701 and Contract Forms
• Addenda issued by ENGINEER and OWNER
• General Conditions
• Proposal from CONTRACTOR
• Performance and Payment Bonds
• Technical Specifications
• Drawings
2.0 CONTRACT TIME AND COMPLETION
§ 2.1 The date of commencement of the Work shall be stated in a Notice to Proceed issued by the
OWNER
§ 2.2 Contract Time
§2.2.1 The Contract Time shall be measured from the date of commencement.
§2.2.2 Time is of the essence in all phases of the Work. It is specifically understood and agreed to
by and between OWNER and CONTRACTOR that time is of the essence in the substantial
completion of the Work, and that failure to substantially complete the Work within the designated
period, or as it may be extended, shall be construed as a breach of this Agreement.
§ 2.3 Substantial Completion
The CONTRACTOR shall achieve Substantial Completion of the entire Work not later than 120
calendar days from the date of commencement, subject to and adjustments of this Contract Time as
provided in the Contract Documents and Changer Orders modifying and extending this Agreement.
§ 2.4 Liquidated Damages
The CONTRACTOR acknowledges and recognizes that the OWNER is entitled to full and beneficial
occupancy and use of the completed work following expiration of the Contract Time. The
CONTRACTOR further acknowledges and agrees that, if the CONTRACTOR fails to substantially,
SFA -2
or cause the Substantial Completion of any portion of the Work within the Contract time, the
OWNER will sustain actual damages as a result of such failure. The exact amount of such damages
will be difficult to ascertain. Therefore, the OWNER and CONTRACTOR agree that, if the
CONTRACTOR shall neglect, fail, or refuse to achieve substantial completion of the Work by the
Substantial Completion date, subject to proper extension granted by the OWNER, then the
CONTRACTOR agrees to pay the OWNER the sum of Six hundred dollars per day ($600).
for each day in which such Work is not completed, not as penalty, but as liquidated damages, for the
damages ( "Liquidated Damages ") that would be suffered by OWNER as a result of delay for each
and every calendar day that the CONTRACTOR shall have failed to have completed the Work as
required herein. The Liquidated Damages shall be in lieu of any and all other damages which may be
incurred by OWNER as a result of the failure of CONTRACTOR to complete within the Contract
Time.
§ 2.5 FINAL COMPLETION
§ 2.5.1 Timely final completion is an essential condition of this contract. CONTRACTOR agrees to
achieve final completion of the Work within 30 days of the designated or extended substantial
completion date. The date of Substantial Completion shall be fixed by this Agreement, unless
modified by Change Order, and memorialized by a Certificate of Substantial Completion as provided
in the General Conditions to this Agreement.
§ 2.5.2 Final Completion means actual completion of the Work, including any extras or Change
Orders reasonably required or contemplated under the Contract Documents other than warranty work
that may be required pursuant to the Contract Documents.
3.0 CONTRACT SUM
§ 3.1 The OWNER shall pay the CONTRACTOR the Contract Sum in current funds for the
CONTRACTOR's performance of the Contract. The Contract Sum shall be Three Hundred, Ninety-
One Thousand, Five Hundred Thirty -Seven and No /100 Dollars ($391,537.00) subject to additions
and deductions as provided in the Contract Documents.
§ 3.2 The Contract Sum is based upon the Total Base Cost Proposal described in the Contract
Documents and hereby accepted by the OWNER:
No alternates are applicable to this project.
§ 3.3 Unit prices, for the purposes of negotiating change orders, if any, are those as provided in the
CONTRACTORS proposal dated September 7, 2017 and received by the City of Schertz on
September 12, 2017.
SFA - 3
4.0 PAYMENT
§ 4.1 APPLICATIONS FOR PAYMENT
Each Application for Payment shall be based on the most recent schedule of values submitted by the
CONTRACTOR in accordance with the Contract Documents. The schedule of values shall allocate
the entire Contract Amount among the various portions of the Work. The schedule of values shall be
prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER and
OWNER may require. This schedule, unless objected to by the ENGINEER or OWNER, shall be
used as a basis for reviewing the CONTRACTOR's Applications for Payment.
§ 4.1.1 Applications for Payment shall show the percentage of completion of each portion of the
Work as of the end of the period covered by the Application for Payment. Unless otherwise noted,
application for payment shall be done on a monthly basis.
§4.1.2 Subject to other provisions of the Contract Documents, the amount of each progress payment
shall be computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Work by
the share of the Contract Sum allocated to that portion of the Work in the schedule of
values, less retainage of Five percent (5.00 %). Pending final determination of cost to
the OWNER of changes in the Work, amounts not in dispute shall be included;
.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the OWNER, suitably stored off the site
at a location agreed upon in writing), less retainage of Five percent (5.00 %);
.3 Subtract the aggregate of previous payments made by the OWNER; and
.4 Subtract amounts, if any, for which the ENGINEER has withheld or nullified a
Certificate for Payment.
§ 4.1.3 The progress payment amount determined in accordance with Section 5.1.6 shall be further
modified under the following circumstances:
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to the full amount of the Contract Sum, less such amounts as the
ENGINEER shall determine for incomplete Work, retainage applicable to such work
and unsettled claims; and
.2 Add, if final completion of the Work is thereafter materially delayed through no fault
of the CONTRACTOR, any additional amounts payable.
§ 4.1.4 Reduction or limitation of retainage, if any, shall be as follows:
SFA -4
§ 4.1.5 Except with the OWNER's prior approval, the CONTRACTOR shall not make advance
payments to suppliers for materials or equipment which have not been delivered and stored at the
site.
§ 4.2 FINAL PAYMENT
§ 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by
the OWNER to the CONTRACTOR when
.1 the CONTRACTOR has fully performed the Contract except for the
CONTRACTOR's responsibility to correct Work as provided in the General
Conditions, and to satisfy other requirements, if any, which extend beyond final
payment; and
.2 a letter of Final Acceptance has been issued by the ENGINEER and accepted by the
OWNER.
§ 4.2.2 The OWNER's final payment to the CONTRACTOR shall be made no later than 30 days
after the Work has been completed and accepted by the OWNER, in writing, following the issuance
of the ENGINEER's final Certificate for Payment:
This Agreement is entered into as of the day and year written above ("The Date of Execution "):
OWNER
By: John C. Kessel
Title: Ci , Manager
1"'C -
CONTRACTOR
By;
Title: (ESL
SFA - 5
Bond # CMIFSU 0536238
KNOW ALL MEN BY THESE PRESENTS:
That we, Tank Pro, Inc., as Principal herein, and International Fidelity Insurance
Company, a corporation organized and existing under the laws of the State of New Jersey, and
who is authorized and admitted to issue surety bonds in the State of Texas, Surety herein, are
held and firmly bound unto the City of Schertz, Texas, a municipal corporation with its principal
location of 1400 Schertz Parkway, Schertz, Texas, Guadalupe County, Obligee herein, in the
sum of three hundred ninety -one five hundred thirty -seven and 00 /100 Dollars ($391,537.00) for
the payment of which sum we bind ourselves, our heirs, executors, administrators, successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a certain written contract with the Obligee dated
the day of , 20_, herein referred to as "the Contract" and
incorporated herein and made a part hereof for all purposes, for the construction of the Schertz
Elevated Storage Tank Repainting.
NOW, THEREFORE, the condition of this obligation is such, if the said Principal shall
faithfully perform the work in accordance with the plans, specifications, and other Contract
Documents and shall fully indemnify and hold harmless the Obligee from all costs and damages
which Obligee may suffer by reason of Principal's failure to perform the Work in conformity
with the Contract Documents, and reimburse and repay Obligee for all outlay and expense that
Obligee may incur in making good such default, then this obligation shall be void; otherwise, to
remain in full force and effect. Whenever Contractor shall be declared by Obligee to be in
default under the Contract, the Surety shall, upon request of Obligee and within seven (7)
calendar days from receipt of Obligee's notice of Contractor's default, commence and thereafter
complete performance of Contractor's obligations under the Contract. This Bond covers all
contractual obligations of Contractor under the Contract, including, without limitation, the
indemnity, warranty and guaranty obligations. The Surety stipulates and agrees that no change,
extension of time, alteration, omission, addition or other modification to the terms of any of the
Contract will affect its obligations on this bond, and it hereby waives notice of any such changes,
extensions of time, alterations, omissions, additions, or other modifications, to the Contract or to
related subcontracts, purchase orders or other obligations, and any notices provided in such
regard shall not create as to any party a duty related thereto. The penal limit of this bond shall
Performance Bond Pagel of 3
automatically be increased by the amount of any change order, supplemental agreement or
amendment which increases the price of the Contract.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as amended, and all rights and liabilities on this bond shall be
determined in accordance with the provisions of such statute, to the same extent as if it were
copied at length herein. All notices shall be delivered in writing to the addresses shown below or
to addresses provided in the Contract Documents.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this day of
20_
The date of bond shall not be prior to date of Contract.
Tank Pro, Inc.
PRINCIPAL
ATTEST: By:
Name:
(Principal) Secretary,
Title:
(S E A L)
i ness as to Principal
TTEST:
t�
Secretary
(S E A L)
Witness as to Surety
Address: Tank Pro, Inc.
5500 Watermelon Rd
Northport, AL 35473
Telephone Number: (205) 750 -0468
Nam6•. Jason D. Smith
Attorney in Fact
Address:500 First Street SE
PO Box 1863
Cedar Rapids, IA 52403
Telephone Number: 319 - 364 -5193
Performance Bond Page 2 of 3
An original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact.
Approved as to Form:
City of Schertz
1400 Shertz Parkway
Schertz, Texas 78154
By: John C. Kessell
Title: City Manager
Date:
Performance Bond Page 3 of 3
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Tel POWER OF ATTORNEY `
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint
JENNIFER LUSE, MARK A. POLK, SAMANTHA SPILMAN, KAREN S. LOPEZ, JAMES M. SMITH,
TIMOTHY J. FOLEY, DEBORAH D. HAHN, DAVID M. OWEN, JACQUELINE K. PETERS, LYNN KIMBLE,
CHERYL M. MRSTIK, ROBERT L. KOLLSMITH, JASON D. SMITH, BRAD BENGTSON, MYNDEE WALKER
Cedar Rapids, IA.
their true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise,
and the execution of such instrument(s)) m pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUAL`f COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015:
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President or Secretary of the Corporation shall have the power to
appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney,
and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other
written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of
joint - control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation;
and (3) the signature of any such Officer of the Corporation and the Corporaton's seal may be affixed by facsimile to any power of attorney or certlficahon
given far the execution of any bond, undertaking, recognizance, contract of Indemnity or other written obligation m the nature thereof or related thereto,
such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer
and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed:'
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and
attested these presents on this 31st day of December, 2016.
�4 4ri , STATE OF NEW JERSEY jNSUA47) n
County of Essex
J
1 9a 4 1936
George R. James
Executive Vice President (International Fidelity Nit, JERSE
Insurance Company and Vice President
(Allegheny Casualty Company)
On this 31st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
j'j"Y C
st
U NOTARY
r cQ"v- • �'3 m
PUBLIC C2
OF NEVI 'N
" �,.'
Ifm1,,, t,t +,
IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
A NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 16, 2019
CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies asset forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this day of
MARIA BRANCO, Assistant Secretary
Bond 4 CMIFSU 0536238
KNOW ALL MEN BY THESE PRESENTS:
That we, Tank Pro Inc. as Principal herein, and (2) International Fidelity
Insurance Company , a corporation organized and existing under the laws of the State
of New Jersey and who is authorized and admitted to use surety bonds in the State of Texas, as
surety, are held and firmly bound unto the City of Schertz, Texas, a municipal corporation with
its principal location of 1400 Schertz Parkway, Schertz, Texas, Guadalupe County, Obligee
herein, in the amount of three hundred ninety -one thousand five hundred thirty -seven and 00 /100
Dollars ($391,537.00) for the payment whereof, the said Principal and Surety bind themselves
and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents:
WHEREAS, the Principal has entered into a certain written contract with the Obligee
dated the day of , 20_, which contract is hereby referred to herein
as "the Contract" and is incorporated herein to the same extent as if copied at length, for the
following project Schertz Elevated Storage Tank Repainting.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the
said Principal shall directly or indirectly timely make payment to each and every claimant (as
defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in
the prosecution of the work under the Contract, then this obligation shall be void; otherwise, to
remain in full force and effect. This obligation may be enforced by the Obligee in the event of
bankruptcy or default by Principal in payments to suppliers of labor or materials in the
prosecution of the work under the Contract, in either of which events the Surety shall make such
payments as Principal has failed to pay and as may be required to complete the work under the
contract. The Surety stipulates and agrees that no change, extension of time, alteration,
omission, addition or other modification to the terms of the Contract will affect its obligations on
this bond, and it hereby waives notice of any such changes, extensions of time, alterations,
omissions, additions, or other modifications, to the Contract or to related subcontracts, purchase
orders or other obligations, and any notices provided in such regard shall not create as to any
party a duty related thereto.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the
Texas Government Code, as amended, and all rights and liabilities on this bond shall be
determined in accordance with the provisions of said statute, to the same extent as if it were
Payment Bond Page 1 of 3
copied at length herein. All notices shall be delivered in writing to the addresses shown below or
to addresses provided in the Contract Documents.
IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the
Surety have executed this instrument.
SIGNED and SEALED this day of , 20_.
The date of bond shall not be prior to date of Contract.
ATTEST:
(Principal) Secretary
(SEAL)
')� ADL---ZQ -
tress as to Principal
TTEST:
"no
Secretary qM
Tank Pro, Inc.
PRINCIPAL
By:
Name:
Title:
Address: Tank Pro, Inc.
5500 Watermelon Rd
Northport, AL 35473
Telephone Number: (205) 750 -0468
1ntetdjWajW Fidelity Insurance-Company
S TY
Name: Jason D. Smith
Attorney in Fact
(S E A L) Address:500 First Street SE
PO Box 1863
/A Cedar Rapids, IA 52403 _
Witness as to Surety Telephone Number: 319 -364 -5193
An original copy of Power of Attorney shall be attached to Bond by the Attorney -in -Fact.
Payment Bond Page 2 of 3
Approved as to Form:
City of Schertz
1400 Schertz Parkway
Schertz, Texas 78154
By: John C. Kessell
Title: City Manager
Date:
Payment Bond Page 3 of 3
�.-
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Tel 1;973) 624 -7200 < y } ,
POWER F aTTaRNEY - a. _ ��� f A.
INTERNATIONAL FIDELITY INSURANCE COMPANY
ALLEGHENY CASUALTY COMPANY
ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under
the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of
New Jersey, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint
JENNIFER LUSE, MARK A. POLK, SAMANTHA SPILMAN, KAREN S_ LOPEZ, JAMES M. SMITH,
TIMOTHY J. FOLEY, DEBORAH D. HAHN, DAVID M. OWEN, JACQUELINE K. PETERS, LYNN KIMBLE,
CHERYL M. MRSTIK, ROBERT L. KOLLSMITH, JASON D. SMITH, BRAD BENGTSON, MYNDEE WALKER
Cedar Rapids, IA.
their true and lawful attomey(s) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity
and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise,
and the execution of such instrument(s)) in ursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUAL fY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and
acknowledged by their regularly elected officers at their principal offices.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE
COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors
of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY
CASUALTY COMPANY at a meeting duly held on the 10th day of July, 2015:
"RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Vice President or Secretary of the Corporation shall have the power to
appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney,
and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other
written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of
joint - control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation;
and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification
given for the execution of any bond, undertaking recognizance, contrack of indemnity or other written obligation in the nature thereof or related thereto,
such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer
and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed."
IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY. COMPANY have each executed and
attested these presents on this 31st day of December, 2016.
STATE OF NEW JERSEY
County of Essex
George R. James
Executive Vice President (International Fidelity
Insurance Company and Vice President
(Allegheny Casualty ompany)
���� opSUALTYC�
W �9
1936
NV JERS��
On this 31st day of December 2016, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly
swom, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY
COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were
duly affixed by order of the Boards of Directors of said Companies.
IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal,
at the City of Newark, New Jersey the day and year first above written.
NOTARY�4: _
PUBLIC cli:
A NOTARY PUBLIC OF NEW JERSEY
T �•f• °:29' Q4�',.�° My Commission Expires April 16, 2019
OP NEW
`1141"Its""I � CERTIFICATION
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have
compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said
Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole
of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
IN TESTIMONY WHEREOF, I have hereunto set my hand this day of