Improvement Contract_Valentine Construction Co., LLC for the 2023 Asphalt Overlay Ramp Project FourCity of Dubuque
City Council Meeting
Consent Items # 011.
Copyrighted
July 5, 2023
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUMMARY: Ostrom Painting & Sandblasting, Inc. for the 2023 Pavement Marking
Project; Temperly Excavating, I nc. for the Foothill Ct. Drain Tile Project -
2023; Valentine Construction Co., LLC for the 2023 Asphalt Overlay
Ramp Project Four.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description
2023 Pavement Marking Project
Foothill Ct. Drain Tile Project - 2023
2023 Asphalt Overlay Ramp Project Four
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
2023 Asphalt Overlay Ramp Project Four
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 2nd day of May , 2023 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Valentine
Construction Co., LLC(Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the 2023 Asphalt
Overlay Ramp Project Four (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out -of -State Contractor Bond (Section 00610).
6. The Iowa Statewide Urban Design and Specifications (SUDAS) 2020 Edition.
7. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
8. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
9. Special Provisions included in the project Contract Document Manual.
10. Drawings consisting of sheets bearing the following general title:
2023 Asphalt Overlay Ramp Project Four
11.Any Addenda issued.
12.Insurance Provisions and Requirements (Section 00700).
13. Sales Tax Exemption Certificate (Section 00750).
14. Site Condition Information (Section 00775).
15.Construction Schedule and Agreed Cost of Delay (Section 00800).
16. Erosion Control Certificate (Section 00900).
17. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid
b. Bidder Status Form (Section 00460).
c. The following documentation must be submitted by Contractor prior to Notice of
Award.
SECTION 00500
Page 2 of 6
18.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).
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
Contract Documents and must be installed in accordance with the Contract Documents.
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
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
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 Iowa Code Chapter 573 or Iowa Code Chapter 26.
The City will also retain additional sums to protect itself against any claim that has been 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
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,
provided that such claim, damages, loss or expense is attributable to bodily injury, sickness,
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
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
SECTION 00500
Page 3 of 6
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;
and it has not, nor has another person for or in its behalf directly or indirectly, entered into
any Contractor arrangement with any other person, firm, corporation or association which
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 Iowa 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 for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulations issued pursuant to the Clean 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
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.
SECTION 00500
Page 4 of 6
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS 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
APPLICABLE.
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.
The City has entered into a Consent Decree in the case of The United States of America, and the State
of Iowa v. The City of Dubuque, Iowa, 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 Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its
officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and
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
perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www.cityofdubuaue.org/DocumentCenter/Home/View/3173. A hard copy is available upon
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 City must retain, and must instruct its contractors 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
States or the State, the City must deliver any such documents, records, or other information to the EPA
or IDNR.
SECTION 00500
Page 5 of 6
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:
I have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2:11 -cv-01 01 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-
5-1-1-09339, United States District Court for the Northern District of Iowa.
2. All work performed will be in conformity with the provisions of the Consent Decree.
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
failure to comply with the Consent Decree.
CONTRACTOR:
Contractor
By: N/A
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.
CONTRACT AMOUNT $71,949.35
CITY OF DUBUQUE, IOWA:
Citv Mana er's Office
Department
E3y: z .
Signatufe
Michael C. Van Milligen
Printed Name
City Manager
Title
Date
CONTRACTOR:
Valentine Construction Co., LLC
Contractor
By: e�—�—
Signature
Samuel Valentine
Printed Name
Owner
Title
Date
___= END OF SECTION 00500 =___
; I A " '. BD 7901143302
l SECTION 0106 0
P 1 f
age of
SECTION 00600
That we, Valentine Construction Co. L,,LC, as Principal (hereinafter the "Contractor" or "Principal")
and Nationwide Mutual Insurance as Surety
are hold and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Owner"), and to all persons who may be injured by any breach of any of the conditions of this
Bond in the penal sum of §�everst -one thousaqd, nine, hunAred joft-nioe do ars ang&rt ive
Ly I
cents ($71,949,35), lawful money of the United States; for the payment of which sum, well and
truly to be made, we bind ourselves, our heirs, legal representatives and assigns, joint . ly or
severalty, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract With the Owner, bearing date the _ d Ma 2Lday of __-y, 2023, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with
the Contract Documents, and to faithfully perform all the terms and requirements of said Contract
within the time therein specified, in a good and workmanlike manner, and in accordance with the
Contract Documents, The Contract, Documents for 2023 Asphalt Overlay Ramp Project Four
detail the following described improvements:
Replacement of fourteen -(1,4) access ramps at:6 intersectionsHn conjundoww1th
the Public Works Asphalt Overlay program atthe following locations.,
2, Jud «n I r at'Taii Trail ut, two single ana We Q111411,10 U1[U�;Lr;T17rMTrrfMr
3, Judson Dr at Powers Ct, two tingle directional ramps.
4. Judson Dr at Judson Ct, two single directional ramps,
5. Judson Dr at Sundown Ct, two sftle directional rarrips,
6. Judson Or at Hillcrest Rd, two single directional ramps.
it is expressly understood and agreed by the Contractor and.: Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and
abide by each and every covenant, condition, and part of said Contract and Contract
Documents, by reference made a part hereof; for the project, and shall indemnify and save
harmless the Owner from all outlay and expense Incurred by the Owner by reason of the
Contractor's default of failure to perform as required. The Contractor shall also be
responsible for the default or failure to perform as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees furnishing materials
or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this Bond is
given, including but not limited to claims for all amounts due for labor, materials, lubricants,
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have boon
established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this
reference is made a part hereof as though fully set out herein.
MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A.. To remedy any and all defects that may develop in or result from work to be
performed under the Contract Documents within the period of two (2) year(s) from the
date of acceptance of the work under the Contract, by reason of defects In
workmanship, equipment installed, or materials used in construction of said work;
CTo pay the Owner's reasonable costs of monitoring and, inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
--result of Contractor's and Surety'sfaflure to- remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted,
4. GENERAL.- Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstandingi to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor In which to performthe Contract;
13, To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, In the
aggregate, involve an increase of more than twenty percent (20%) of the total contract
price, and that this Bond shall therm be released as to such excess increase;
C, To consent without notico that this Bond shall remain in full force and effect until the
Contract Is completed, whether completed within the specified contract, period, within
an extension thereof, or within a period of time after the contract period has, elapsed
and the liquidated damage penalty is being charged against the Contractor,
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
WIla IM,
MRUaKIM161
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond,
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by the
Owner including Interest, benefits, and overhead where applicable. Accordingly, "all
outlay and expense" would include but not be limited to all contract or employee
expense, all equipment usage or rental, materials, testing, outside experts, attorneys
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of 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 of Contractor's failure to perform as required in the Contract and
Contract Documents, that all.agreernents and promises set forth in the Contract and
Contract Documents, in approved change orders, and in this Bond will be fulfilled, and
that the Owner will be 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,
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 provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
- Contractor and -surety agree -that they will make the -Owner whole for all -such outlay and expense,
provided that, the Surety's obligation under this Bond shall not, exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner, 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
remedies given to the Owner, by lam The Owner may proceed against Surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that If said Principal shall faithfully
perform all the promises of the Principal, as, set forth and provided in the Contract, in the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise It shall remain In
full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as
defined in this Bond, the Contract, or the Contract. Documents; second, if not defined in the Bond,
Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable
provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or
construed according to its generally accepted meaning in the construction industry; and fourth, if it
has no generally accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
SECTION 00600
Page 4 of 4
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this
Bond.
Project No. 5421000002
Witness our hands, in triplicate, this 18th day of
SURETY COUNTERSIGNED BY:
Signature of Agent
Printed Name of Agent
280 N. High Street
Company Address
Columbus, OH 43215-2537
City, State, Zip Code
(515) 508-8872
Company Telephone Number
PRINCIPAL:
Valentine Construction Co., LLC
Contractor
11,17
By:
5lgnature
01
Fri4Kd Name
NOTE:
May , 2023.
Title
FORM AP,FR,0VED BY:
Repres tative for Owner
SURETY:
Nationwide Mutual Insurance Company
Surety G s� any
By: f
Signature Attorney -in -Fact cer
Cara Buljubasic, Attorney -In -Fact
Printed Name of Attorney -in -Fact Officer
Nationwide Mutual Insurance Company
Company Name
1100 Locust St., Dept. 2006
Company Address
Des Moines, IA 50291-2006
City, State, Zip Code
(866) 387-0457
Company Telephone Number
.l All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
?. This Bond must be sealed with the Surety's raised, embossing seal.
3 The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
-_== END OF SECTION 00600 =___
Power of Attorney
KNOW ALL MEN 6Y THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
Anita R. Calderon, Dana R. Clark, Mike Kuper, Matthew Gilmer, Joshua Severson, Andrew Roby, Robert N. Johnston, Elizabeth Moore, Ashlee Heldt, Ben Lewis, Jeff Cose,
Aaron J. Jamison, Kim Wells, Carmen R. Wilson, Spencer Paris, Larry D. Slegh, Richard E. Harman IV, Logan Dorpinghuus, Corey Days, Jill DeRobertis, Dominic Amoroso,
Kyle Huntrod, Twanisba Siejkowski, Heidi Cornelison, Michael Muller, Stephen G, Sanker, Brian Pflum, Guy Tenold, Cassie McKittrick, Ashley Leavell, Cara Buljubasic,
Trevor Sharp, Joshua Coleman, Amy Palmer, Jennifer Anderson, Randi Allen, Andrew Jennings, Andrew P. Andersen, Jesse Huston, Kwanab Kim, Maxine Coffin
each in their Individual capacity, Its true and lawful attorney -In -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory Instruments of similar nature, in penalties not exceeding the sum of
FIVE MILLION AND NO/100 DOLLARS ($5,000,000,00)
and to bind the Company thereby, as fully and to the same extent as If such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
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:
"RESOLVED, that the president, or any vice president be, and each hereby Is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory In nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documen s Instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, Instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
�#01_
Antonio 0. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
tiAtlN W
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before me came the above -named officer for the Company
�
aforesaid, to me personally known to be the officer described In and who executed the preceding
�r.�t;i„p
awl arr f '
instrument, and he acknowledged the execution of the same, and being by me duly
deposes he
rAtrt1.
sworn, and says, that is the officer of the Company aforesaid, that the seal affixed
hereto is
fflui tiri�
the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said Instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
s"✓>
Notary Public, State of New York
No. 02MC6270117
Qualifled in New York County
Notary tle
Commisslon Expires October 19 2024
M y Commisslon on Expires
E
October 10, 2024
CERTIFICATE
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued
by the Company; that the resolution Included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended In any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said Instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this l8th day of
May , 2023
13DJ 1(08-21)00
Assistant Secretary