Loading...
HomeMy WebLinkAboutContracts & Agreements_260-2017 PUBLIC WORKS CONSTRUCTION CONTRACT This Public Works Construction contract ("Contract") made and entered into this 5" day of December, 2017, by and between the City of Redlands, a municipal corporation organized and existing under the laws of the State of California, (hereinafter "City"), and Cat Tracking, Incorporated (hereinafter "Contractor") City and Contractor are sometimes individually referred to herein as a"Party"and, together,as the"Parties" In consideration of the mutual promises contained herein, City and Contractor agree as follows 1. SCOPE OF WORK Contractor shall furnish all materials and perforin all of the work for the following HSIP CYCLE 6 - CITRUS AVENUE GREEN BIKE LANE, complete all items as required by the Contract Documents (as herein defined) and Specifications for City's HSIP CYCLE 6 - CITRUS AVENUE GREEN BIKE LAME, City Project No. 47022 Federal Project No. HSIPL-5083 (017). 2. THE CONTRACT SUM. City shall pay Contractor the sum of$264,998 50 as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings requirement to be withheld by City pursuant to an escrow agreement as set forth in the Public Contract Code Section 22300. 3 TIME FOR COMPLETION The Work shall be completed within 75 calendar days from and after the date of the delivery to Contractor of a written Notice to Proceed by City 4 LIQUIDATED DAMAGES: Contractor's failure to complete the work within the time allowed will result in damages being sustained by City Such damages are, and will continue to be, impracticable and extremely difficult to determine Accordingly, Contractor shall pay to City, or have withheld from ironies due to Contractor, the sum of$500 for each consecutive calendar day in excess of the specified time for completion of Work Execution of the Contract shall constitute agreement by City and Contractor that $500 per day is the estimated damage to City caused by the failure of the Contractor to complete the Work within the allowed time Such sum is for liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs 5. CONTRACT DOCUMENTS. This Contract includes all of the Contract documents set forth herein, to wit, Notice Inviting Bids, Instructions to Bidders, Contractor's Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, General Requirements,Technical Specifications,and any addenda thereto 6 ATTORNEYS' FEES- In the event any legal action is commenced to enforce or interpret the terms or conditions of the Contract documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees, including fees for use of in-house counsel by a Party CD I 7 RESOLUTION OF CONSTRUCTION CLAIMS Claims by Contractor in the amount of $375,000 or less shall be made by Contractor and processed by the City pursuant to the provisions of fart 3, Chapter 1, Article 1 5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim Nothing in subdivision (a) of Public Contract Code Section 20104 2 shall extend the time Iimit or supersede the notice requirements provided in this case from filing claims by Contractor 8 ELIGIBILI'T'Y OF CONTRAC'T'OR/SUBCONTRACTOR. Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777 7, and certify that they are not debarred and are eligible to work on this project 9 ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound 10 SUCCESSORS AND ASSIGNS City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents 11. SEVERABILITY Any provision or part of the Contract documents held to be void or unenforceable under any law or regulation shall be deemed stneken, and all remaining provisions shall continue to be valid and binding upon City and Contractor CD 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above City of Redlands (SEAL) (Owner) Mayor,City of Redlands, County of San Bernardino,California ATTEST: Clerk, City of Redlands County of San Bernardino, California (SEAL) Name of Contractor _ Signature of Authorized Agent m �`1 f))-ey,- Title 1 /v� 1- Signature of Authorized Agent(if necessary) Title Contractor's License No CD 3 WORKER'S COMPENSATION INSURANCE CERTIFICATION Description of Contract City of Redlands Municipal Utilities&Engineering Department HSIP CYCLE 6 - CITRUS AVENUE GREEN BIKE LANE, City Protect No. 47022 Federal Project No. HSIPL-5083 (0171) Labor Code,Section 3700,provides, in part that "Every employer except the State shall secure the payment of compensation in one or more of the following ways (a) By being insured against liability to pay compensation in one or more insurer duly authorized to write compensation insurance in this State (b) By securing from the Director of Industrial Relations a certificate of consent to self- insure, either as an individual employer, or as one employer in a group of employers which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract (Labor Code section 1861) Dated this day of 't��M� 2017 (Contras or) (Signature) ,�6ey-4 (Official Title) (SEAL) (Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract) CD 4 Executed in 2 Counterparts Bond No 0715743 Premium $6,300 00 FAITHFUL PERFORMANCE BOND Whereas, the City of Redlands ("City"), State of California, and Cat Tracking, Incorporated (hereinafter designated as "Principal") have entered into an agreement dated December 5, 2017 {"Agreement") whereby Principal agrees to install and complete certain public improvements (the "Work'), which said Agreement is identified as HSIP CYCLE 6 — CITHUS AVENUE GREEN BM LANE, City Project No. 47022, Federal Project No. HSIPL-5083 (017)and is hereby referred to and made a part hereof,and Whereas, said Principal is required under the terms of the Agreement to flimsh a bond for the faithful performance of the Agreement, now, therefore, we, the Principal and Alleqhenv Casualtv Company , as Surety, are held and firmly bound unto the City in the penal sum of Two Hundred Sixty Four Thousand, Nine Hundred Ninety Eight Dollars and Fifty Cents ($264,998 50) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators,jointly and severally, firmly by these presents The condition of this obligation is such that if the above bounded Principal, 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 provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning,and shall faithfully fulfill the one-year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated,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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligations,all to be taxed as costs and included in the judgment rendered As a condition precedent to the satisfactory completion of the Agreement, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in frill force and effect The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly,at the City's option 1 Complete the Agreement in accordance with its terms and conditions; or 2 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder and the City, and make available as work CD 5 progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder,the amount set forth above. The term"balance of the Agreement price,"as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal 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 Principal. Surety shall not utilize the Principal in completing the Agreement nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City's objection to the Principal's further participation in the completion of the Work. No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claire may be unsatisfied The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City's reasonable attorneys' fees incurred,with or without suit, in addition to the above sum. In witness whereof, this instrument has been duly executed by the Principal and Surety above named,on December 8 ,2017 (SEAL) (SEAL) CAT Trackinq, Incorporated Alleghenv Casualtv Companv (Con ctor) (Surety) BY. C- (Signature) Susan C Monteon(Signature) Attorney-in-Fact Pamela Folmer, President Address. 2400 E Katella Ave Suite 250 (Sea]and Notarial Acknowledgement of Surety) Anaheim CA 92806 Telephone. ( 714 ) 602-9170 ext 12 CD 6 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA County of Riverside On December 8, 2017 before me, Janelle L Tuominen Notary Public, Date Insert Name of Notary exactly as it appears on the offiaal seat personally appeared Susan C Monteon Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the JANELLE L.TUOMiIyEllia person(s), or the entity upon behalf of which the person(s) COMM. #2171404 z acted, executed the instrument eNOWY Public Califamla o Z Rivemift CauntY l certify under PENALTY OF PERJURY under the laws of Cwm&*a Dec,9the State of California that the foregoing paragraph is true and correct Witness my hand and official seal Signature �19t�/ � Place Notary Seal Above n ure of Notary Public 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 the form to another 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 ❑ Individual ❑ Individual ❑ Corporate Officer----Title(s) ❑ Corporate Officer —Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General ❑ Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney In Fact RIGMT TM11lTiBPFMT ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer is Representing Signer Is Representing 7 "AL PPW F ATT ­RNEv` ­` 'INTERNATIONAL LTY NURA t N lb S ddMPA Y:: C -ALLIEEGHE Y, CAWALTY COMPANY ONE NEWARK CENTER, 20TH'FLOOR NMA RK, NEW JERSEY 07102-5207 KNOW ALL MEN BYTHESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANYa 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 Pennsylvania,having their principal office in the City of Newark,New Jersey do hereby constitute and appoint JANELLE L TUOMINEN, SUSAN C MONTEON Riverside, CA their true.and lawful attorney(s)in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings contracts of indemnify and. the and other writings obligatory in the nature thereof, which are or may be.allowed,required or permitted by law,statute,rule reAulation,contract or otherwise Pion of such lnstrument(s�ipeursuance of these presents,shall required as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL Y COMPANY, as fully and a ANCt acknowledged by their regularly electedi amply, to all intents arid purposes,as if the same had been duly executed and officers at their principal offices This Power of Attorney is executed and mg be revoked, pursuant to and b authori of the B�,Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and ty authorl of the fo owin resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du held on the 20th dayof Jul ,201% CASUALTY COMPANY at a meeting duly held on the 15th day of August,�(OQO, y and by the Board of Directors of ALLEGHENY "RESOLVED,that (1)the President,Vice President,Chief Executive Officer or Secretary of the Corporation shall have the ower 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 o Pt nature thereoff indemn! and other written oblig2tiOns in the or related thereto, and(2)any such Officers of the Corporation May appoint and revoke the appointment of joint-control custodians aQents bond,undertaking the'C8the signature or any for acceptance of process, and Attorneys in,fact with authority tEo execute wavers d n ri behalf such Officer of theCorporation'sa r, - - 2�ff t is alf of so used whether attorney 0 ce or the execution of any Corporation,to beCorporation. thereto, nature and as when x facsimile a "or y u IV rs aQ con ae b e n e a c " 0 a written nature r or r related e or I may ' 'b cNm' to y thereof Inde w n %alien in e 'ure h f indemnify ether force 0 -'a_'-0;'a Corporation f Co�p recognizance, , contract 0 heretofore 00fore or hereafte being hereby adapted by the 0 ratio original I tu of u ch t v T binding Ing upon , e c a 0 ff n a' he n ina s na re s the original � rp I seal of the w. valid and nd nrihwith ie m for e and effect as though Manua�y affixed IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July,2014 STATE OF NEW JERSEY County of Essex SEA v 1936 ROBERT W MINSTER Chief Executive Officer(International Fidelityen yLq Insurance Company)and President(A.Ile n. Casualty.Company) .9 y On this 22nd day of duty 2014, before me came the individual who executed the preceding instrument, Me personally sonally known,and, being by me duly I to COMPANY, that the seals affixed FIDELITY INSURANCE sworn, said he 'a the therein described and authorized officer of INTERNATIONAL F DELI I RANCE COMPANY and ALLEGHENY CASUALTY d 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 my hand affixed my Official Se at the City of Newark,New Je' al, ,O�' rsey the day and year first above written. e- C, -- 7?6 $ 0 NOTARY >.- do- PUBLIC A NOTARY:PUBLIC OF NEW JER 411,14df 0j:.NE SEY MY Commission Expires April 1.6,201.9 CERTIFICATION 1,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 ofthe Sections of the ByLaws 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 aims 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 8th December 21117 day of Executed in 2 Counterparts Bond No 0715743 Premium Included in Performance Bond LABOR AND MATERIAL BOND Whereas, the City Council of the City of Redlands, State of California, Cat Tracking, Incorporated (hereinafter designated as "Pnncipal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete certain designated public improvements (the "Work'), which said agreement, dated December 5, 2017, and identified as HSIP CYCLE d — CITRUS AVENUE GREEN BIKE LANE, City Project No. 47022, Federal Project No HSIPL-5083(017) is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commending the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550)of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of Two Hundred Sixty Four Thousand,Nine Hundred Ninety Eight Dollars and Fifty Cents ($264,998 50) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void,otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time,alteration or addition CD 7 In witness whereof, this instrurnent has been duly executed by the Principal and surety above named,on December 8 ,2017. (SEAL) (SEAL) CAT Tracking, Incorporated Allegheny Casualty Companv (Co tract } (Surety) BY. � e (Signature) Susan C Monteon(Slgnature)Attorney-in-Fact Pamela Follmer, President Address. 2400 E Katella Ave Suite 250 (Seal and Notarial Acknowledgement of Surety) Anaheim CA 92M8 Telephone. ( 714 ) 602-917n CD 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document STATE OF CALIFORNIA County of Riverside On December S, 2017 before me, Janelle L Tuominen Notary Public Date Insert Name of Notary exactly as it appears on the official seal personally appeared Susan C Monteon Name(s)of Signer(s) 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 capaclty(ies), and that by his/her/their signature(s) on the instrument the hEl.�L.��� ���� person(s), or the entity upon behalf of which the person(s) COMM #2171404 z acted executed the instrument. Public Caltfor�i• 0 X 1 certify under PENALTY OF PERJURY under the laws of X RkvmWe Comity �` the State of California that the foregoing paragraph Is true Coifs FxRin Dec'a Tt#D and correct Witness my hand and official seal t Signatures/�e�� �,Z, Place Notary Seal Above $fgrture of Notary Public OPTIONAL Though the information below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another 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 ❑ Individual ❑ Individual ❑ Corporate Officer Title(s) ❑ Corporate Officer —Title(s) ❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑General ❑ Attorney in Fact •■- ❑ Attorney in Fact ❑ Trustee OF ❑ Trustee OF ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other ❑ Other Signer is Representing Signer Is Representing 73) 2 �-4 p^WE OF r Q W ATTQRNE INTERNATIONAL FID ELITYINSURANCE: COMPANY ALLEGHENY CASUALTY CoMpANY ONE NEWARK CENTER, 20TH FLOORNEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporatfon 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 Pennsylvania having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint JANELLE L. TUOMINEN, SUSAN C MONTEON Riverside, CA a their true and lawful attorney(s)in fact to execute,seal and deliver for and on its behalf as surety any and all bonds and undertakings contracts of indemnity .nd other wrilin s obligatory in the nature thereof, which are or may be allowed, and the execuplonof such instrument s)) in& required or permitted by law,statute,rule,re COMPANY and ALLEGHENY CASUALTY COMPANY of these Presents shalt be as binding upon the law, E Watlon,contract or otherwise. OMPANY as fully and am' y to all intents and purposes,as if INT RNA ONAL FIDELITY INSURANCE acknowledged by their regularly elected Officers at their principal offices PI the same had been duly executed and This Power of Attorney is executed and may be revoked, pursuant to and b author! of the B�,Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and ty authorityof the following of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du resolution adopted by the Board of Directors held on the 20th day Of July,201. and by the Board of Directors of ALLEGHENY CASUALTY COMPANY ata meeting duly held an the 15th day of August, 000 1% "RESOLVED,that (1)the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the ower to appoint,and .to revoke the appointments of,Attorneys-fn 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 other and 81fix the Corporation's seal thereto,bonds,undertakings recognizan 9 nature thereof or related thereto, and(2)any such Officers of the Corporation may appoint and revoke the apgointmerit of joint-control custo fans,agents for accgtance of process,and Attorneys-in-fact with authority to execute waivers and consents on behalf of tyre Corporation,and 13)the signature of any such Officer of the Corporation and the Corporation's seal F, bond,undertaking recognizance contract of indemnity or other be affixed by facsimile to any power of attorney or certification giInaturs executionofanyso used whether Ieretofore or hereafter, being hereby a ther written obli ation in the nature thereof orrelated thereto,suchand seals whendoFted by the orporation as the original signature of such officer the original seal of the with he same force and effect as though manually affixed Corporation,to be valid and binding upon the Corporation W 1 8?1 IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY acrd ALLEGHENY CASUALTY COMPANY have each executed attested these presents on this 22nd day of July 2014 'n and TY . STATE OF NEW J ERS EY aSURtr A County of Essex SEAL 1904 1936 ROBERT W MINSTER Chief Executive Officer(International Fidelity Insurance Company)and President(Allegheny NSyLUN Casualty Company) On this 22nd day of July 2014, before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CAS COMPANY Y, that the seals affixed to said instrument are the Corporate Seals of said Companies that the said Corporate Seals and his sig CASUALTY duly affixed by order of the Boards of Directors of said Companies nature were IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark New Jersey the day and year first above written, Q NOTARA--' PU 3 LIC y. Z A NOTARY PUBLIC OF NEW JERSEY "1,41 OF N E�N MY Commission Expires April 16,2019 CERTIFICATION 1,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€s now in full force and effect IN TESTIMONY WHEREOF I have hereunto set my hand this 8th . day of Dooember 2017 MARIA B'RANCO4,Assistant Sbcrelary!�,,,