The URL can be used to link to this page

Improvement Contracts/Bond_Legacy Corporation_Catsifh Creek South Fork/Sanitary Sewer Stream Bank Emergency Repair Copyrighted April 1 , 2019 City of Dubuque Consent Items # 14. ITEM TITLE: ImprovementContracts / Performance, Paymentand Maintenance Bonds SUM MARY: Legacy Corporation for the Catfish Creek South Fork Sanitary I nterceptor Sewer Stream Bank Emergency Repair Project SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type Legacy Corporation Contract and Bond Supporting Documentation � SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 SOUTH FORK OF THE CATFISH CREEK SANITARY INTERCEPTOR SEWER STREAM BANK EMERGENCY REPAIR PROJECT STEGER TJARKS PROPERTY � � THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references !i purposes the 7th day of March 2019 between the City of Dubuque, lowa, by its City Manager, � through authority conferred upon the City Manager by its City Council (City), and legacy Corporation i! of IL (Contractor). � For and in consideration of the mutual covenants herein contained, the parties hereto agree H as follows w CONTRACTOR AGREES: 1 a 1. To furnish all material and equipment and to perform all labor necessary for the ;; � South Fork of the Catfish Creek Sanitary Interceptor Sewer Stream Bank Emergency Repair i� Proiect, on the Steqer Tjarks Property (Project). '� �; 2. CONTRACT DOCUMENTS � � A: The Contract Documents consist of the following: n e 1. Project Title Page (Section 00100). � 2. Project Directory Page (Section 00101). � � Y �i 3. This Public Improvement Contract (Section 00500). � � 4. Performance, Payment, and Maintenance Bond (Section 00600). j 5. Out-of-State Contractor Bond (Section 00610). � 6. Other Bonds: � a. (Bond Name) (pages _to _ , inclusive). ' b. (Bond Name) (pages _to _ , inclusive). � q � c. (I�ond Namej (pages _to _ , inclusive). '� 7. The lowa Statewide Urban Design and Specifications (SUDAS) 2017 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2017 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. � 10.Special Provisions included in the project Contract Document Manual. 11.Drawings Sheet No. C100 through No. C201 10 a es or drawin s consistin of � � P 9 ) 9 9 sheets bearing the following general title: 12.Addenda (numbers _to _ , inclusive). 13.Insurance Provisions and Requirements (Section 00700). SECTION 00500 Page 2 of 6 14.Sales Tax Exemption Certificate (Section 00750). � 15.Site Condition Information (Section 00775). k � 16.Construction Schedule and Agreed Cost of Delay (Section 00800). � 17.Erosion Control Certificate (Section 00900). i 18.Consent Decree (Section 01000). '� 19.Other Project Information and Permits (Sections 01100 - 00000). � 20.Exhibits to this Contract (enumerated as follows): i a. Contractor's Bid (pages 1 to 14 inclusive). !� � b. Bidder Status Form (Section 00460). ; �� c. The following documentation that must be submitted by Contractor prior to Notice � o�Auvard. pl �, i. Contractor Background Infiormation Form (Section 00470/00471) � i ii. 'I �, iii. 'i 21.The following which may be delivered or issued on or after the Effective Date of the ';�; Agreement: ;; a. Notice to Proceed (Section 00850). � b. Project Certification Page (Section 00102). � c. Change Orders (Not attached to this agreement). 1 There are no other Contract Documents. The Contract Documents may only be amended, � modified, or supplemented as provided in General Conditions. � �, 3. All materials used by the Contractor in the Project must be of the quality required by the i r, Contract Documents and must be installed in accordance with the Contract Documents. ;' i� 4. The Contractor must remove any materials rejected by the City as defective or improper, or � any of said work condemned as unsuitable or defective, and the same must be replaced or 1 redone to the satisfaction of the City at the sole cost and expense of the Contractor. � 5. rive percent ��ioj or'fne Coniract price wiii oe reraihea by Y�e �i�y �o� a perioa of tniriy �3uj � days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in lowa Code Chapter 573 or Iowa Code Chapter 26. � The City will a9so retain add�tional sums to �rote;,t it�el# against any �lai�r that ha� bee� filed ° against it for damages to persons or property arising through the prosecution of the work and such sums will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and � agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid SECTION 00500 Page 3 of 6 for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, � Contractor shall defend, indemnify and hold harmless_City, its officers and employees, from _ � and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including � but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, i) provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, i,� disease or death, or injury to or destruction of property, including loss of use resulting there � from, but only to the extent caused in whole or in part by negligent acts or omissions of �,a Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts ;� Contractor may be liable, regardless of whether or not such claim, damage, loss or expense � is caused in part by a party indemnified hereunder. � 10. The Contractor hereby represents and guarantees that it has not, nor has any other person �� for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any � other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; I�, and it has not, nor has another person for or in its behalf directly or indirectly, entered into u, any Contractor arrangement with any other person, firm, corporation or association which j tends to or does lessen or destroy free competition in the award of this Contract and agrees �� that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but � in no event less than $2,000.00 (Two Thousand Dollars) to the City. �, � 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, � be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which � provisions apply to said Bond. �� 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of � Substantial Completion has been issued by the City, it will keep and maintain the Project in � good repair�or a period of two (2) vears. 13. The Project must be constructed in strict accordance with the re uirements of the laws of the � q State of lowa, and the United States, and ordinances of the City of Dubuque, and in � accordance with the Contract Documents. � A. All �ppiie��l� siai��ards, c�rc�er�, or regul��ior�� issued pursuant io ihe i,lean Air Act of � 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to � SECTION 00500 Page 4 of 6 such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability � in consideration for an award. � 8 1 . CONSENT DECREE '� RELATING TO THE PROJECT � 14. � THIS CONTRACTOR IS PERFORMWG WORK FOR THE CITY OF DUBUQUE RELATEb TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER � COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE �' APPLICABLE. N � CITY CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS '�; SECTION ARE NOT APPLICABLE. 4, I� The City has entered into a Consent Decree in the case of The United States of America, and the State � of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action s Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court forthe Northern ;�, District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its �I officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and 1 corporations under contract with the City to perform the obligations of the Consent Decree. �� The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to h perform work required by the Consent Decree. � A copy of the Consent Decree is included in the Contract Documents and can be viewed at � htt :16a��v�.�i� c��'d�� .�r f��s��r��r��t��rdF�c�rr��/V��l3� ��. A hard copy is available upon 8 request at the City's Engineering Department Office. � The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the Ciiy musi retain, and must instruct its con�racfors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United SECTION 00500 Page 5 of 6 States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: � __ ___ _ - -- --__ � 1. I have received a copy of the Consent Decree in the case of The United States of America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number � Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- � 5-1-1-09339, United States District Court for the Northern District of lowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. '�� ,I 3. All documents reports, data, records, or other information (including documents, � records, or other information in electronic form) that relate in any manner to the �; perFormance of obligations under the Consent Decree, including any underlying ' research and analytical data, will be retained as required by the Consent Decree. ;, 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's �''I failure to comply with the Consent Decree. '� CONTRACTOR: � N/A � Contractor � By: ',� Signature Printed Name , Title Date SECTION 00500 Page 6 of 6 THE CITY AGREES: '� 15. Upon the completion of the Contract, and the acceptance of the Project by the City Council, � and subject to the requirements of law, the City agrees to pay the Contractor as full � compensation for the complete performance of this Contract, the amount determined for � the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. ; � ,� __ _— -_ _----- _--C_O_NTRACT_AMOUNT_$ 100,485.00 ____ _ __ __ __ ___ ._ --- __ _ _ � � �� I CITY OF DUBUQUE, IOWA: pl City Manager's Office �; Department � By: �, Signature I; Michael C. Van Milligen I�; Printed Name � City Mana�er � Title ' � �I Date i� � CONTRACTOR: � 7 !i � Legacy Corporation of IL � Contr ctor �' By: � Signature , Blake Enloe Printed Name President Title 3/11/19 Date ___= END OF SECTION 00500 =___ i i i C• � .• � . ` • �� ,11 � .� • • _ � � - e e s . j� . . R � � • 1 /,i'! � . . . » r _ _r, • 'fe . •' A . `" �, � _ _ _ � . � , � • ' s.: r , •- . • i-�• • •. • i . . � ,, w _ „ w , P •M' • s ` e � s �, _. �l � , A• • •_ - . �` - � - -• � .- M ' - .' • . s� -e s . �� f •' . � . � _ • _ • • ,� s .• � „ a_ w. pr • - • -• • . • • • -• • - . • 11 11 .. r� . ; �r . . _ -. _ w �. e - • . ,- .�.. � r ., � ; _ , - -.: -. - � a - � . . � . . � - ,, ; . . - - . - - - . • � . ... .�' .. » . . .. - - p� . . . � • r . _ , .. � - .. . w � _ e �. _ . _ _ � . R �;�. R'� R` .�.. ' . �� ♦ «i. " •' • ^' f • ' • ��'Y " � a •.,.,N. � '. �:` p-�� ," �• ' � . R �• . R;..� • . �w � ` -" �. ��d • ':* ,.� ...' •.�- ,, i'. # .;:. e r. +..-� '"�' II!R��• 0 �..:��.. • — ��.• R !«:: ' •' . .R �� — ' .� • �.�" �•�:.�, ` '" • 0 N'� i ..— ,...,... � ^ _.� • - — � '�; i.:..... .. r, *„ • ./.... ~ !I' �`...+ '� '♦ !� .. -. t •«.�� ..'.•. � �.. _ - �. .:�.N. ` _K , "� r�i w! , 6 w "° � n�� '�. .6.�� • * � �. :� � a. B "..r. • y �...�• . .�.f •�� r :��! " f'�. » i��'f P � . � f �., :f ' !�.�: •�. 1R 4 P- . !.;� Q . M ' �� f , R��. • a- ei�e • ,, �a �'w s - b o � :• • � • ' r s e,. • :e • ac r e s e• . ♦ • r e • • • �• . , + m *; . - . o . er - •^ i� . • , r •' � -. , • - „ w * � � • .' e e. r e a a � < .'; • s ' . i� _ p , . i^ R. «• 4 a e ! ' a • ` . P _ ., _ „ �^ - ! ., . : • k � • ��, ,� ' • �.�- � 'YI -• e .. 4 • ...:R •"' i! � M ` B: . r � w`��R �.f� .. `�` # 4 r: • � "l... ^�: #-, . ' �..� » .: '1 ..•�. . :� �� ` • a.... ' • � V � e e s ',.., s , .. . f, • e '• M . a a � q , • � r �*_ I i .._ R.. �.#, �.., .. . _.. • �;� � '; �. � . r i.. ��. . Y .._ .e � i f....,♦ �_�:��* M• ^ `f P'. !. �. : .' , I e '• e •� * / � , • . • • •s , '• s . � » a, R ' •: ` y"^. � .. .. # � N�ld �� ` �`" ! . .....m a . �.�..� f,��: b R�� . R�'. .! • �, � � y �e • � • . . • � - � . w• . ' ,+ • - • , �, * - _e. • - .e, � ^: . • •� • �e s -• s -: . , .,« � � # � m � � _-. : w - . - o . -� • • - •a o • - • p v_ ~� - � _ _• _s' • � ,;, � s - • • - • � - � '• ` � , • ' ' � • �- 4 � - a : • e- • • s aa . r , _ _ , • r • a, � � , _ *__ _ » •' -• . • + •`o . ,. .�: � a s• e s _ * � � . M SECTf4N Q0600 , � Page 2 of 4 � � by I�w. The Contr�ctor and Surety hereby bind them��lves to the obligations and conditians � set forth 6n Ghapt�r 573 af the lowa Cade, which by�his r�ference is made a part her�af as �� though fully s�t out her�in. ;� �i ;� " 3. M�INT��ANCE: Th��ontr��tar�nd fih� Surety c�n this Band hereby agree, �t th�ir own ;� _ �; expense. i, � A. Ta r�medy any and a•Il def�ct�th�t may d�vslop in ar re�u6t from work t� �e performed jl ' un�er th� Cc�n�ra�t Documer�t� within th� p�riod of 1twc� (2) year(s� �rom the date of � acceptance of the work under th� Contract, by r��san �f d�fect� in workmanship, '' , equipment in�talfed, or materials u�ed in constru�ion of said wr�rk; ' � ,,i , B. To keep all wc�rk in cot�tinuotas good repair; and ij � C. To pay the Owner's re��anable costs of monitoring ar�d��inspecti��n ta ass�ure th�t�ny�� d�fec�s ar� rem�died, and to r�pay the ��un�r all outlay air�d ��e�re.ns� incu�red �� i result of Contra�tor's and 5urety's failur� to rem�dy any d�f�ct a�- required by 'tliis i �ection: ii Cor�tractor's and Surety's Contr�ct h�rein made ��nd� t� def�ct� in warkmanship �r �I; materials not discovered ar known t�tl�� Qwner at the tii'me s�ch work w�s accepted. ! �� I 4. GE�l�RAL: Every Surety on thi� 8on'd sha'.II b� �eem�d and hek� bc�ur�d, any contra�t�o the � can#rary nofinrithstanding, fip the following pravi�i.ons: � I� A. To consent Without natice f� arty ea�ension �t tirne auth.ori�ed in ap�rov�� cha�nge �7 orders to the C�ntra�tor in which t��erform the �on�ra�t; I� B. To cansent wifhout n�ti�e to any c�ang� 'rn #he Cvr�tra�t �r Contra�t Ct�cum�nts, i autharized in approved chan�� arder�whdch thereby inare��s the td��l contr�ct pric� �'� and th�penal sum vf thi� Bo�d, Prouided thafi�II such ch�ng�s do not, in the ag�regate, invalve �n inere�se of mvre than iwenty percent"(20°��) of the,t��al c.,anfir��t price, and that th6s Bpnd shail the� b� r�leas�d as to �u�h exce:�s in�rease; C. Ta ��n��nt without notice th�t this `Band shall remain in full f��e �r�d �ff�ct until the Contr�ct is completed, �e�her campl�ted within the sp�ei�ie,d contract p�r�od, within an extension therecaf, or within a period of �ime after the �ontrac� perid� has elaps�d and the fiquidated damag� pen�lty is being charg�d against th� �antractor. The Gontractor and �very Surety on the �ond shall be deemed �rad i��l�: b�u�d, any ° contra�t tn the contrary nofi�►ith�#�nding, to the foll4wing provisians: D. That no provisita� of t�is Bond or of any �ther contract shall be valid that fimits to I�ss than fiV� (�} year� affiee th� acceptance of the work under the Contra�t th� right to sue an this Band. E. That as us�d herein, the phra�e"a[I outlay and ex�en�e° is not to b�limited in any way, but shall include the.actual and r�asonable costs�nd �xpen�es incurred by th�Owl�er � N SECTION 00600 � Page 3 of 4 !i including interest, benefits, and overhead where applicable. Accordingly, all outlay and � expense" wauld include but not be limited to all contract or employee expense, all v� equipment usage or rental, materials, testing, outside experts, attorney's fees(including � overhead expenses of the Owner's staff attorneys), and all costs and expenses af ;� litigation as they are incurred by the Owner. It is intended the Contractor and Surety ''� will defend and indemnify the Owner on all claims made against the Owner on account N, ---- -- ' -- -- -of Contractoc's-failure-to_pe_rform_as_r_equired in_the Gontract_and Contract_Documents, �� that all agreements and promises set fnrth in the Contract and Contract Documents, in �, approved change arders, and in this Bond will be fulfilled, and that the Owner will be d fully indemnified so that it will be put into the position it would have been in had the ;; Contract been performed in the first instance as required. !� i In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to � which the Contractor or Surety should have pr�vided the defense, or in th� �r�fa�cer��t �f the ;� promises given by the Contractor in the Cantract, Contract Documents, or approv�d change orders, ' or in the enforcement of the promises given by the Cantractor and Surety in this Band, the � Cantractor and Surety agree that they will make the Owner whole for all such outlay and expense, ��i provided th�t the Surety's obligation under this Bond shall not exceed one hundred twenty-five ;,, percent (125%) of the penal sum of this Bvnd, '� In the event that any actians or proceedings are initiated regarding thEs Bond, the parties agree that i; the venue thereaf shall be Dubuque County, State of Inwa. If legal actinn is required by the Own�r �u to enforce the provisians of this Bvnd or to collect the monetary obligation incurring to the benefit of 'I the Owner, the Contractor and the Surety agree, jointly, and several6y, to pay the Owner all outlay �' and expense incurred therefor by the �wner. All rights, powers, and remedies of the Owner � hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and j!, remedies given ta the Owner, by law. The Owner may proceed against surety for any arnount i;; guaranteed hereunder whether action is brought against the Contractor or whether Contractor is �� joined in any such action(s) ar not. '�, NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully pertorm '� all the promises of the Principal, as set forth and provided in the Cantract, in the Contract Documents, � , and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and � o#r�r+ 4�14 M�. � When a wark, term, ar phrase is used in this Bond, it shall be interpreted or constru�d first as defined in this Bond, the Contract, or the Contract Documents; second, if not dsfined in the Bond, Contract, or�ontract Documents, it shall be interpreted or construed as defined in applicable provisions of the lowa Cod�; third, if not defined in the lowa Code, it shall be interpreted or construed accarding to its � generally accepted meaning in the construction indusiry; and fiour�h, ifi ii i�as na �ererally accept�d meaning in the construction industry, it shall be interpreted or construed accarding to its common or custamary usage. Failure to specify or particularize shall not exclude terms or provisions nvt mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. 7102812 h , . SEGTtpN OO��Q Page 4 of 4 ' Witness aur h�nd�, in traplic�t�, t�is 11th ��y Q� March ,.�p�g. ' SURET'Y COUNTER�ICNE�$Y; T��'� N/A �t�RM APPRt�V�C� B' :: Si�n�tur�af Ag�nt ' R�pr�sentatpere i�Or�wne _ __ Printed Name of agent ____ _ . _ �.�1�tET'Y`; 9 �p�p��Y��$� Fidelity a Deposit Company of Maryland � +�uf`�� 0 2ny `' Cit�,State,Zip Code � I� Bx: 4 �igr�a�ur�-�tQor��y-in-Fact QCfic�r � Ca�sp�nyTeiephan�Numkr�r Connie Smith, Attorney-in-Fact ;i ', PF�Ih1�I�AL; Printed N�m�of Atkamey�in-F�ct Offic�s� ; J.Ryan Bonding, Inc. ' Legacy Corparation of IL �cympany N�rne � ; Cant�ctar P.O. Box 465 � � v�- �� gy; �ompany Addre55 � i 5�gnatur�"� Hudson, WI 54016 !i� � �R i��. �n 1De�. � �,,��x��,��. � � Printed Nsme 800-535-0006 J C�mp�ny T+al�Phone Nurnk�er I�IC)TE: 1, All �ign�t�res c�n fihis perF�rrnan��, payment, and main#en�nc� Bc�nd rnu�t be origin�l �,, �igna�ure�rn ink; cc�pie�, fa�irnile, or electr�r�ic sign�tur�s wiil no�be �ccepted. 2. This Bont� must be s��l�d wi��#h� Su�ety'� r�i�ed, �mt�o��in� �eal, I 3. The name and �;ignat�re af the Sur�ty's A�torrl�y�i�=F'�.�UC�'f�c�r�n#�r�d Qn �his Band must be ex�ctfy`�s list�d �n the Cer�ifiicate `qr Pow�r of At�orn�y a��amp�nysng this Band:. � � -��- ENQ �� C7�UN t�C�� .�� q � ° � N ZURICH AMERIC�aN INSURANCE COMPANY COLONIAL AMERICAN CASUALI°Y AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY T�IESE PRESENTS:That the ZURICH AMERICAN INSiJRANCE COMPANY,a corporation of the State of New Yark,the COLONIAL�1MERICAN CASUALTY AND SURETY COMI'ANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by � MICHAEL BOND,Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which I are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Michael J.DOUGLAS, Chris STEINAGEL, Christopher M.KEMP,Robert DOWNEY,Kory MORTEL and Connie SMITH,all of Hudson,Wisconsin, EACH its true and lawful agent and Attorney-in-Fact,to malce, execute,seal and deliver,for, and on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and am�ly,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New Yark.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SiJRETY COMPANY at its office in � Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. � ; The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. � IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said '�� ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and N FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 28th day of June,A.D.2018. � ATTEST: ZURICH AMERICAN INSURANCE COMPANY � COLONIAL AMERICAN CASUALTY"AND SURETY COMPANY � FIDELITY AND DEPOSIT COMPANY OF MARYLAND j . �yASyL�.r '�Q DEPps�, g"GPfy.lN3U�•a,p� I gMaeA � ti J" �4 p .y(4�� C}Ni'OR�A�C�y� 6�� w '�"� � y p�+��'.��}=C7: o N ��7 , M' EtM Y ;U`: '{9� ?�" h 6�., .},fl� II AeN `}+'.r.�. :��y.�.,..�..:�,+�'�+ � ��pOw�Yt6B� � �p � � yy' Assistant Secretary Vice President Joshua Lecker Michael Bond State of Maryland County of Baltimore On this 28th day of June,A.D. 2018,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,MICIIAEL BOND, Vice President, and JOSHiJA LECKER, Assistant Secretary, of the Companies, to me personally known to be the individuais and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instniment are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. �,},��1��,. \14 1 �,.. l/�+?n�. \1/ s;ti��i.r > ,i c /� } +t . �'�''` � �r.�t� � � F- �..C../._.�Ann�.a-�- ::>II)�, ti ._n.c�/>vr.2 r�t<;lij�•�'.:,�7>`�� i�n itl�� Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 184-0011A EXTRACT FROM BY-LAVr/S OF 3'HE COMPANIES � "Article V, Section 8,Attornevs-in-Fact. The Chief Executive Officer,�the President,or any Executive Vice President or Vice President may; by written instrument under the attested corporate seal, appoint attorneys-in-fact with autharity to execute bonds, policies, � recogmzances, stipulations, undertakmgs, or other like instruments on behalf of the Company, and may authorize any ofFicer or any such � attorney-in-fact to affix the corparate seal thereto;and may with or�vithout cause modify of revoke any such appointment or authority at any � time. � CERTIFICATE � I, the undersigned, Vice President of the ZURICH AIvIERICAN INSURANCE COMPANY, the COLONIAL AMERICAN I CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the i foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of � Directars of the ZURICH AMERICAN INSUR.ANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. I RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary + and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." � y This Power of Attorney and Certificate may be signed by facsimile under and by authoriry of the following resolution of the Board of � Directors of the COLONIAL AlVIERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of � May, 1994, and the following resolution of the Board of Directars of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a I meeting duly called and held on the l Oth day of May, 1990. �, !I RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature ��', of any Vice-President, Secretary, ar Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a li� certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the sarne force and effect I as though manually affixed. I� i � T�STIMONY OF.I ve h"r nto subscribed my name and affixed the corporate seals of the said Companies, � this �day of ��20�� ,,,, � . _,'~�'O�ro•S,'a ��G�n�U�p• /�' �� II i �• '¢:�o • � ��x :Z:2P�_p0`tn. � 8�AL � �t �� fF :17i �� `�� I ��. y b.,, .r�Jj7 ��'x I 4,...+ ~^•,�2••........•�� b K1 'o•�,,.u:Mu�o"' �' � � 9 � . ��',: .. ' �i.�f h,.. t � � � � � � F " �"1 � . � ��..,.��'"t� � .f"'k r ��. y� �P` David McVicker,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg;IL 60196-1056