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HomeMy WebLinkAboutOpening of Bids - Spec AE Preventative Maintenance on 39 Generators for Various City Depts - Herrman & Goetz Incowl �-Ill i 61 mu a f�7 3. Contractor has not, nor has any successor to, nor an affiliate of, Contractor, engaged in investment activities in Iran. For purposes of this Certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5, as amended from time -to -time. b. As provided by Ind. Code § 5-22-16.5-5, as amended from tinge -to -time, a Contractor is engaged in investment activities in Iran if either: i. Contractor, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or ii. Contractor, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. 4. Contractor does not laiowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. Contractor agrees that he/she/it shall enroll in and verify the work eligibility status of all of Contractor's newly hired employees through the E-Verify Prograrn as defined by T.C. 22-5-1.7-3. Contractor's documentation of enrollment and participation in the E-Verify Program is included and attached as part of this bid/quote; and 5. Contractor shall require his/her/its subcontractors performing work under this public contract to certify that the subcontractors do not knowingly employ or contract with an unauthorized alien, nor retain any employee or contract with a person that the subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has enrolled in and is participating in the E-Verify Program. The Contractor agrees to maintain this certification throughout the term of the contract with the City of South Bend, and understands that the City may terminate the contract for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. 6. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, gender expression, gender identity, sexual orientation or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. 7. The undersigned contractor agrees that the following nondiscrimination commitment shall be made a part of any contract which it may henceforth enter into with the City of South Bend, Indiana or any of its agencies, boards or commissions. Contractor agrees not to discriminate against or intimidate any employee or applicant for employment in the performance of this contract with privileges of employment, or any matter directly or indirectly related to employment, because of race, religion, color, sex, gender expression, gender identity, sexual orientation, handicap, national origin or ancestry. Breach of this provision may be regarded as material breach of contract. I, the undersigned bidder or agent as contractor on a public works project, understand my statutory obligations to the use of steel products or foundry products made in the United States (I.C. 5-16-5-1). I hereby certify that I and all subcontractors employed by me for this project will use steel products or foundry products made in the United States on this project if awarded. I understand I have an affirmative duty to notify the City in my bid that my proposal does not include the use of steel products or foundry products made in the United States. I understand it is my sole obligation and responsibility to provide a justification to the City, subject to review and approval, why the cost of United States made steel or foundry products is unreasonable. Prior to award and upon submission of bid which does not use steel products or foundry products made in the United States, the City, through its director of public works, shall make a determination if the price of United States made steel or foundry is unreasonable. I understand that violations hereunder may result in forfeiture of contractual payments. I hereby affirm under the penalties of perjury that the facts and information contained in the foregoing bid for public works are true and correct. Dated this 14 th day of Nov. , 20_ 17 Herrman & Goetz, Inc. Contractor/Bidder (Firm) r Signature ontra or/Bidder or Its Agent Tarry Cripe, Power--of--Attorney Printed Name and Title Subscribed and sworn to before me this. 14th day of Nov. 320 17 My Commission Expires 7 / 13 / 2022 `°� ��'� &&J Notary Public Catherine J. Gruber County of Residence (To be completed only by Contraclors/Bidders clainting to be a `local Iiidiarra hrrsirless "pur-stia?it to I.C. 36-1-12-22) INDIANA LOCAL BUSINESS PREFERENCE CLAIM A "local Indiana business" refers to any of die_ following.• (1) A business whose principal place of business is located in an affected county. (2) A business that pays a majority of its payr°o11(in dollar volume) to residents of affected counties. (3) A business that employs residents of affected counties as a majority of its employees. (4) A business that makes significant capital investments in the affected counties as defined in rules adopted by the political subdivision, (5) A business that has a substantial positive economic impact on the affected counties as dcfined 4)) criteria in rules adopted by the political subdivision. Art "a ffected county " refers to St. Joseph Count), Ir?diana, or the folloit ing counties located adjacent to St. Joseph County: Elkhart Counot Marshall County, Starke County and LaPorte County There are the following price preferences for supplies purchased from a local Indiana business: 5% for a purchase expected by the purchasing agency to be less than $50, 000 • 3% for a purchase expected by the purchasing agency to be at least $50, 000 but less than $100, 000, • 1 %fora purchase expected Uy the prrrcliasing agency lobe at least $I00, 000. Date: November 14,2017 Pursuant to I.C. 36-1-12-22, Herrman & Goetz, Inc. claims a local Indiana business preference for Project .Spec AE—Preventative Maintenace o$Project # ) located within the City of South Bend, St. Joseph County, Indiana. 35 Generators f or Various City Dept. s © The location of the principal place of business is 225 S. Lafayette Blvd., So. Bend, IN (Address) ® St. Joseph County, Indiana ❑ The following county located adjacent to St. Joseph County, Indiana: ® The majority of the business's payroll for the 12 months prior to the date of this Bid is to residents of St. Joseph County, Indiana or the adjacent county noted above. [ The majority of the business's employees for the 12 months prior to the date of this Bid are residents of St. Joseph County, Indiana, or the adjacent county noted above. If the business is deemed to be the apparent lowest, responsible, responsive bidder, then it shall provide supporting documentation for the 12 month period prior to the date of the Bid of (i) the total payroll amount paid to all employees of the business, and (ii) the total payroll amount paid to employees who are residents of St. Joseph County and the adjacent county noted above. WHEN SUPPLYING SUPPORTING PAYROLL RECORDS, BIDDER SHALL REDACT ALL SOCIAL SECURITY NUMBERS. Dated this 1 4th day of November, 20—L7-- Herrman & Goetz, Inc, Cont der Si nature Con or/Bidder or Its Agent Larry Cripe, Power -of -Attorney Printed Name and Title 7 ma A MIRK MA- 1U--- ;fit O c's; DO AV?w "s, -. L"Q";: Address: 225 9_ r.a f aye t o Rl vd _ - City/State/Zip: South Bend, IN 46601 Telephone Number: (574) 282--2596 Fax Numb (574) 282-2645 r By Signature) Larry Cri e (Printed Name) BOARD OF PUBLIC WORKS Gary A. Gilot, President Suzanna M. Fritzberg, Member James A. Mueller, Member Power-of-Attorne) (Title) Elizabeth A. Maradik, Member Therese J. Dorau, Member Attest: Linda M. Martin, Clerk 12 x S y Sl , tlk}t? m A: 92 B. The Post Office Department will be considered agent of the Bidder in delivering the bid. The City will not be responsible for deliveries. Any Bids received after the time specified will be returned unopened. C. Bids will be opened and read publicly at the time and place designated in the Notice to Bidders. Bidders, their authorized agents, and the public are invited to be present. D. Bidders may bid on one (1) or more item, provided however, that the bid submitted for each is delivered in a separate, sealed envelope, with the envelope clearly labeled on the outside as to the specific item for which the bid is being submitted. Bidders may submit separate bid bonds for each item being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all bids submitted. E. The Board may reject any bid that does not conform to these requirements as non- responsive. S. ADDENDA — NO VERBAL INTERPRETATIONS A. No inquiries by Bidders relative to interpretation of Plans, Specifications, Special Provisions, or other Bidding Documents will be answered verbally. If any prospective Bidder is unable or unwilling to comply with one or more requirements of the bidding document, such Bidder should so inform the Board of Public Works in writing. Upon receipt of such information, consideration will be given to the advisability of issuing an Addendum which would thereupon become applicable to all Bidders. Any such inquiry must be submitted at least seven (7) days prior to the bid opening date in order to give the Board sufficient time to consider any necessary Addendum. All answers to such inquiries, in the form of Addenda, will be furnished to all prospective Bidders who have registered with the City. All Bidders are required to acknowledge receipt of any Addenda by inserting the Addendum number and the issuing date on executed Proposals. G. REJECTION OF PROPOSALS CONTAINING ALTERATION ERASURES INCOMPLETE BIDS AND ETC. A. Proposals shall be rejected if they show any alteration of form, additions not called for, conditional or alternate bids (except when and insofar as are invited), incomplete bids, erasures or irregularities of any kinds. B. All blank spaces for bid prices must be filled in, in ink, with the unit price and total price for each item (This does not apply to divisible bids). In case of incorrect totaling of amounts and where the unit price and the extension thereof do not agree, the unit price for each item shall govern, and the City is authorized to correct all erroneous extension and totals for the purpose of comparing bids. 7. TRADE DISCOUNTS A. Trade discounts shall not be shown separately, but shall be incorporated in the Bidder's unit price, unless otherwise specified. 8. VEHICLE BIDS A. Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on Bidders may bid on one (1) or more vehicles, provided however, that the bid submitted for each vehicle is delivered in a separate, sealed envelope, by vehicle, with the envelope clearly labeled on the outside as to the specific vehicle for which the bid is being submitted. Bidders may submit separate bid bonds for each vehicle being bid upon OR may submit one (1) bid bond equal to 10% of the combined total of all vehicle bids submitted. B. The Board may reject any bid that does not conform to these requirements as non- responsive. 9. TAX EXEMPTIONS A. The City of South Bend is exempt from the payment of federal excise and transportation taxes levied under the provision of the internal Revenue Code. It is also exempt from the Indiana 14 State Gross Retail Tax (sales tax). The City will furnish the successful Bidder with any certificate of exemption required. 10. WITHDRAWAL OF BIDS A. Withdrawal of bids will be allowed only in those cases in which a written request to withdraw a bid is received by the Board of Public Works prior to the date and hour for receiving and opening bids. In such cases, the same will be returned to Bidder unopened. 11. ESCALATOR OR CONTINGENT CLAUSES A. The use of escalator clauses or other contingent clauses by the Bidder is prohibited, unless requested or permitted by the Invitation to Bid. No Proposal shall contain nor be accompanied by any writing purporting to limit or qualify the City's right to accept such Proposal or purporting to alter such Proposal or any Contract which may be executed pursuant thereto. 12. PRICES MUST BE DELIVERED PRICES A. The bid price shall be a delivered price. All materials shall be shipped F.O.B. destination as specified in the Invitation to Bid. No fuel surcharges accepted. 13. AWARD —WAIVER OF TECHNICALITIES A. The Award of Bid, if any award be made, will be made within sixty (60) calendar days after the opening of Proposals to the lowest responsible and responsive Bidder who's Proposal complies with all the requirements prescribed, exclusive of technicalities waived. Until the final award of the Bid, however, the right is reserved by the City to reject any and all Proposals and to waive technical errors. 14. SPLITTING OF AWARDS/DIVISIBLE BIDS A. Bids will be awarded on the basis of the total dollar amount for all items in the Proposal unless the bid is described by the City as a Divisible Bid. The City may award a Divisible Bid to the lowest responsible and responsive Bidder for each item or class of items as indicated in the bid documents. 15. BIDDER QUALIFICATION A. The City may require any Bidder to submit evidence of qualifications, and may consider any evidence of the financial, technical, and other qualifications and abilities of the Bidder. The City will not award a Contract to a Bidder who, in its opinion, is not fully qualified on the basis of financial resources and responsibility, possession of adequate equipment, personnel, experience, and past record of performance to perform the obligations to be undertaken competently and without delay. 16. PURCHASE ORDERS A. A Purchase Order will be issued to the successful Bidder after formal acceptance of the bid is made by the City. 17. NEW MANUFACTURE A. Unless otherwise specified in the Invitation to Bid, the items offered shall all be new and the latest model of manufacture. 18. SOURCE OF SUPPLY A. If the Bidder is not a manufacturer, the source of supply must be shown and all sub- contractors must be identified. 19. PACKAGING A. All items shall be delivered strongly packed and marked according to accepted commercial practice unless otherwise directed in the Specifications. No charge shall be made for containers and the City shall have no obligation to return containers unless otherwise provided by the Specifications or Special Provisions. Any items not received in good condition will be rejected. 20. INSPECTION OF GOODS A. The City of South Bend reserves the right to inspect and have any goods tested after delivery for compliance with the specifications. Notice of latent defects, which would make the item 15 I ms!" dawm#4 • Preventative Maintenance and repairs shall not be contracted to another vendor unless the vendor fails to respond. • A normal service is to be erformed from 7:00 a.m. to 4:30 .m., Monday through Friday. This agreement includes 24 Hour emergency on call service including trip charge if any. Contractor shall be on site within one hour from time notified for service work required to maintain proper operation of equipment. • Scheduling: The Contractor shall be responsible for notifying the Fire Department, Water Works, and Waste Water personnel a minimum of 48 hours in advance of scheduling onsite visit for service. • Department Contacts: - Central Services, Dave Qualls Sr., (574) 235-9981 - Fire Department, Todd Skwarcan, (574) 235-9257 - Four Winds Field, Nick Gaul, (574) 235-5597 - Morris Performing Arts, Mary Ellen Smith (574) 235-9160 - Police Department, Jim Szymanski, (574) 235-9271 - Street Department, Pete Kaminski, (574) 235-7571 - Waste Water, Ken Smith, (574) 235-5787 - Water Works, Ed Herman, (574) 245-6108 Documentation of Records of Service: The Contractor shall provide a copy of all generator service paper work and completed checklists prior to leaving the facility where service is performed (same day as service). All service paper work shall be reviewed and signed by the City's Department Contact or the City's authorized Project Representative prior to the Contractor leaving the facility the date service is performed. The Contractor shall also provide a digital copy of all service records within 24 hours of the completed '. service to both the Central Services and the department where services were performed (Central Services Division, Fire Department, Four Winds Field, Morris Performing Arts, Police Department, Street Department, Waste Water, or Works). Documentation Requirements for Compliance with RICE NESHAP: All stationary generators at Water Works and Waste Water facilities must comply with the minimum service requirements for RICE NESHAP. By submitting a Bid Proposal, the Contractor is acknowledging that the Contractors is familiar with and has reviewed the RICE NESHAP requirements. The Contractor shall provide service records in compliance with the RICE NESHAP Rules for documenting service records. The City will provide the Contractor a copy of RICE NESHAP checklists per the "Maintenance Plan for Existing Emergency Stationary Compression Ignition Reciprocating Internal Combustion Engines (Emergency Generators)" developed by Envirosolutions for the City of South Bend. POWER OF ATTORNEY I, Thomas J. Herrman, President and Resident Agent of an Indiana Corporation in good standing known as Herrman & Goetz, Inc., do hereby nominate and appoint Larry Criipe, an employee of said Corporation, who resides at 67950 Yankee Lane, Edwardsburg, Michigan to act as attorney -in -fact to do the following acts for me in my name, as President and Resident Agent. 1. To possess the full powers to execute and enter into all business related contracts on behalf of the Corporation, as any other authorized agent of said Corporation would have the ability to sign/execute, including myself. 2. The powers granted by this document shall begin on July 1, 2017 and conclude/expire on June 30, 2018 or to such other extended time as shall be made by written faxed extension executed by me to this authorization. 3. The powers extended by this document may be filed for record in any public office as just circumstances might dictate and the original and all executed duplicates shall have equal force, validity and effect. I declare, as President and Resident Agent of Herrman & Goetz, Inc. that any lawful act or thing done under the powers granted by this Power of Attorney, shall be binding on the Corporation. IN WITNESS WHEREOF, 1, Thomas J. Herrman, President and Resident Agent of Herrman & Goetz, Inc. have signed this instrument on this the 23rd day of June, 2017, 1 Thomas J. errman President and Resident Agent Herrman & Goetz, Inc. Subscribed and sworn to before me, a Notary Public, residing in St. Joseph County, State of Indiana, this the 23rd day of June, 2017 Catherine J. G'uber Notary Public Residing in St. Joseph County, State of 1N My Commission Expires 7/13/2022 CNARTY CONTRACTOR: (Name, legal status and address) Herrman & Goetz, Inc. 225 S. Lafayette Blvd. South Bend, IN 46601 OWNER: (Name, legal status and address) City of South Bend 1316 County -City Bldg, 227 W Jef ferson Blvd South Bend, IN 46601 Bond No. Bid Bond SURETY: Continental Casualty Company : IL Corporation (Name, legal status and principal place of business) 333 S. Wabash Avenue 41 st Floor Chicago, IL 60604 BOND AMOUNT: 10% Ten Percent of Amount Bid PROJECT: (Name, location or address, and Project number, if any) Preventative Maintenance on 39 Generators for V arious City Departments This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in, accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such Iarger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 14th day of November 2017 Printed in cooperation with the American Institute of Architects (AIA). The language In this document conforms to the language used In AIA Document A310 - Bid Bond - 2010 Edition. POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois insurance company, National Fire insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company (herein called "the CNA Companies"), are duly organized and existing; insurance companies having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Trade House , Individually of South Bend, IN their true and lawful Attorney -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - Surety BondNo.: Bid Bond Principal: Herrman & Goetz, Inc. Obligee: City of South Bend and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts ofsaid Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the insurance companies. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 5th day of April, 2017. 0.GASU44'?3 004 ` eANra,& gORP`RITB 0. `04Rr0R4?- �J SEAL V a 1887 HARM" r • Continental Casualty Company National Fire Insurance Company of Hartford American Ca lty Company of Re ding, Pennsylvania Paul T. Bruflat)Kee President State of South Dakota, County of Minnehaha, ss: On this 5th day of April, 2017, before me personally came Paul T. Bruflat to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is a Vice President of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company described in and which executed the above instrument; that he knows the seals of said insurance companies; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said insurance companies. J. M4HR W.SO arwa00 rAs My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE I, D. Johnson, Assistant Secretary of Continental Casualty Company, an Illinois insurance company, National Fire Insurance Company of Hartford, an Illinois insurance company, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By -Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 14th day of November , 2017. CASLy�� coRP.�ur z'� �NtoR►oRpr� � o Z $. lOLY 31, SEAL ..v 1897 HARli • Form F6853-412012 Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania D. Johnson Assistant Secretary Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign wilt be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25's day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers")to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. " ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the, Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National Fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251 day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers")to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures'); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. " ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents, agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T, Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading, Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 251h day of April, 2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers")to execute various policies, bonds, undertakings and other obligatory instruments of like nature; and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format (collectively, "Electronic Signatures"); Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company. "