Improvement Contract_Top Grade Excavating, Inc. for the E 24th St. Site Contaminated Soil Removal Project Copyrighted
September 16, 2024
City of Dubuque Consent Items # 016.
City Council Meeting
ITEM TITLE: Improvement Contracts / PerFormance, Payment, and Maintenance
Bonds
SUMMARY: Top Grade Excavating, Inc. forthe E 24th Street Sit Contaminated Soil
Removal Project.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
E 24th Street Sit Contaminated Soil Removal Project Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
E 24TH STREET SITE CONTAMINATED SOIL REMOVAL PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 9t" day of Seatember, 2a24 between the City of Dubuque, lowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City}, and Top Grade
Excavating, Inc. (Contractor).
For and in consideration of the mutual covenants herein cantained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the E 24TH
STREET SITE CONTAM[NATED SOIL REMOVAL PR�JECT (Praject).
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 lmprovement Contract (Section 00500).
4. Perfarmance, Payment, and Maintenance Bond (Sectian 00600}.
5. Out-of-State Contractar Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages_ta� , inclusive).
b. (Bond Name) (pages_to_ , inclusive).
c. (Bond Name) (pages�to_ , inclusive}.
7. The lowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition.
- $. CITY OF DUBUC�UE-Supplemental Specific�ti�n��023 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 Dacument Manual.
11.Drawings —Sheet No. through Na. (00 pages) or drawings consisting of
sheets bearing the following general title:
12.Addenda (numbers_to_ , inclusive).
13.Insurance Provisions and Requirements (Section 04740).
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775). �� `
SECTION Q050U
Page2of6
16.Constructian Schedule and Agreed Cost of Delay (Section 00800).
'17.Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
19.4ther Project Information and Permits (Sections 01100 - 01200).
24.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background lnformation Form (Sectian 00470/00471)
ii.
iii.
21.The following which may be delivered or issued on or after the Effective Date of the
-- Agreement:-- ._ - _ _ -- - - - -
a. Notice ta Proceed (Sec#ion 00850}.
b. Project Certification Page (Section 0�102).
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 aecordance 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 af 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 penod of thirty {30)
days after final completion and acceptance of the Project by the City Council to pay any claim
- - by any party that rnay be filed for labor--and mater.ials done and furnishes�in connecti�n 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 lowa Code Chapter 26.
The City wiil also retain additianal 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 wilf be held by the City unti! 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 fhe specifications, the Contractor must also fix any
other defect in any part af the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond wilE be security f�r a period of two years
after the issuance of the Certificate of Substantial Completion.
SECTION 00500
Page3of6
8. The Confiractor must fully compiete 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 empioyees, from
and against all claims, damages, lasses and expenses claimed by third parties, but not
including any claims, damages, losses ar expenses af the parties to this Cantract, including
but not limited ta attorneys'fees, arising out af 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 anly to the extent caused in whole ar 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 ar Contract with any
other Bidder, or with any public officer, whereby it has paid or is to pay any ather Bidder ar
publie offieer any-sum-of money-or�anything-of value whatever in order to obtain fihis 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 fessen or destroy free competition in the award of this Cantract 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 fihe Contract price but
in no event less than $2,000.00 (Two Thousand Doliars) to the City.
11. The surety on the Bond fumished for this Contract must, in addition to all other pravisions,
be obligated to the extent provided for by lowa Code 573.6 relating to this Confract, 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
gaod repair for a period of two (2) years.
13. The Project must be constructed in stricfi accordance with the requirements of fihe laws of the
- State of Iowa,--and��ie—�J�ite�-�#�tes;--and--ordin�nce�of-the-Gity-o#-Dubuque, and in
accordance with the Contract Documents.
A. All applicabie 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 '(5). 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 and the Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, and related labor requirements and regulations and the
Federal Wage Determinatian for this Project.
C. Equipment or products authorized to be purchased with federal funding awarded for this
Contract must be American-made to the rri�ximum extent feasif�l�;'�in accv�da�c���th r
Public Law 103-12'i, Sections 606(a) and (b).
SECTION 00500
Page 6 of 6
D. 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 bidde�s 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.
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 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. 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.cityofdubuque.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
SECTION U0500
Page 4 of 6
City must provide copies of any dacuments, reparts, analyticaf 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 ofiher 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.
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to acfi on behalf of the Contractor,
certifies ta fihe City af Dubuqu� as fallows:
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, Civif Action Number
Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, D�J Case Number 90-
5-1-1-09339, United States District Caurt for the Northern District af lowa.
2. All work pertorm�d wiEl be in canformity with the provisians af#he Cansent Decree.
3. AEI documents reports, data, records, or other infarmation (including documents,
records, or ather information in electronic form) that relate in any manner fio the
pertormance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree.
4. The Contractar agrees to defend, indemnify, and hold harmless the City, its officers,
agents,or emplayees from and against any claims, including penalties, costs and fees �
as provided in the Consent Decree, relating to or arising aut of the Contractor's failure
to comply with the Cansent Decree.
CONTRACTOR:
Contractor
_g�. _ N/A _
Signature
Printed Name
Tiqe
Date
� � -_ �'_
a.�` .y��j���'r.I {J� ,�::..._:� �� .'F�..�y'� �
f i� .. .�
SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. Upon the completion of the Cantract, 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 ful{
compensation for the complete performance of this Contract, the amount determined for the
tota! work completed at the price(s) stated in the Contractor's Bid Praposal and less any
Agreed Cost of Delay provided for in the Contract Documenfis.
CONTRACT AMOUNT $ 64,399.50
CITY OF DUBUQUE, IOWA:
City Manager's �ffice
Department
By:
Sign re
Michael C. Van Milligen
PnnfedName
City Manaaer
Title
/ � �-Y
Date
CONTRACTOR:
Top Grade Excavating, Inc.
Contract
By: �i,�. ��v�--
Signature
�3�,. IC��.MQ/
Printed Name
---���e P�es�d�,►�' -- -- — - - -
Title
oq - a9 - aoaW
Date
___= END OF SECTION 00500 =___
Bond No.2361060 SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Top Grade Excavatinq, Inc., as Principal (hereinafter the "Contractor" or "Principal")
and Swiss Re Corporate Solutions America Insurance Corporation as Surety
,
are held and firmly bound unto the City of Dubuque, lowa, 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 Sixty-four thousand, three hundred ninetv-nine dollars and fiftvi cents
($64,399.50), 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, jointly or severally, 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 9th day of Septembe, 2024, (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 E 24TH STREET SITE CONTAMINATED SOIL REMOVAL
PROJECT detail the following described improvements:
This project includes the removal and replacement of 1,966 TONS (approx. 1000
CY) of contaminated soil material. Contaminated soil will be transported and
disposed at the Dubuque Metropolitan Area Solid Waste Agency landfill. The
project also includes relocation of non-contaminated soil stockpile onsite, approx.
1,820 CY.
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:
1. 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
SECTION 00600
Page 2 of 4
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 been established as provided
by law. The Contractor and Surety hereby bind themselves to the obligations and conditions
set forth in Chapter 573 of the lowa Code, which by this reference is made a part hereof as
though fully set out herein.
3. . ,
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4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, 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 perform the Contract.
B. 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 then be released as to such excess increase.
C. To consent without notice 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 nofinrithstanding, to the following provisions:
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.
SECTION 00600
Page 3 of 4
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, attorney's 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 agreements 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 lowa. 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 law. 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
lowa Code; third, if not defined in the lowa 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.
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.
SECTION 00600
Page 4 of 4
Project No.
Witness our hands, in triplicate, this 9th day of September , 2024.
SURETY COUNTERSIGNED BY: Title
NrA FORM AP VED BY:
Signature of Agent
Represe tive for Owner
Printed Name of Agent
SURETY:
Company Address Swiss Re Corporate Solutions America Insurance Corporation
Suret� Comp iny ! ,,,,:,,�,���:.,,.,,
".o�;a,nt'cR���.,.
City, State,Zip Code � . � ���OJ�pP�R':r�!�,==
��!�:�(. G:
' _'_ ': ^ r., � .�'_
g tur rney-i -Fact Off�csr '�� � t/a� .:�:
`�'•.,
Company Telephone Number anders,Attorney-in-Fact/lowa P.esidEnt Agent `.°',�.,:,.,19�3,,''o°'�
,r •.:�sc,�`.•'�;
.�.,_- "%Sxrq";4'put••'
PRINCIPAL: PrintedNameofAttorney-in-FactG�ficer •� �
Holmes, Murphy and Associates LLC
Top Grade Excavating,Inc. ---
Company Name
Contractor
2727 Grand Prairie Parkway
By� � � Company Address
Signature
Waukee,IA 50263
��� ����.✓�'L�� City, State,Zip Code
Printed Name
(515)223-6800
V �� c ��'d s,Je�� Company Telephone Number
NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be
original signatures in ink; copies, facsimile, or electronic signatures will not be
accepted.
2. 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 =___
SWISS RE CORPORATE SOLUTIONS
SWISS RE l'ORPORATE SOLUTIONS.�MEfZ1CA WSUIZANCE COItYUR.�TION("SRCSAIC"I
SV✓[S5 R[CORPORAT[SOI.UTIONS PRGiv1I6R iNSURANCE CORPOR4TION 1"SRCSPIC"1
WES'I'POR'I�WSU[ZANCE COIZYOE2�7�ION("W[C"I
GENERAL POWER OF ATTORNEY
liNOW ALL MEN BY"CHESE PRESENTS.TI I.4T SRCSAIC,a corporation duly organized and exis[ing undcr laws of the State of Missouri,and
having its principal of'fice in the City of Kansas Cin.Ivlissouri,and SRCSPIC,a corporation arganized and existinQ undcr die laws of the State of
A9issouri vid having its principal of�(icc in the City of Kansas City.Missouri,and WIC,organized iuider the la�r�s of die State of Missouri,and ha��ing its
principal of6re in the City of[tansas Cin�,i��lissouri,cach docs hereby make,consti�ute and appoint:
IA1'D.FRE[ERMUTH,CRAIG[.IIANSGN,BRIAN Iv1.DGIvtERLY,CINDY BENNETT,ANVE CR01�1'NER,TIM McCULLOH,DIO\k:R.1'OUNG,
SETH ROOKER,JENNIFGR NIARINO,JOSLPI I TIGRNAN,KATE ZANDF,RS,SARA HUSTON,JOHN CORD
LUKAS SCHRODER and JAMIE GIFFORD JOINTLI'OR SEVERALLY
Its vue vtd la�vful Attomey(s)-in-Fact,to make,e�ecutz.seal and deliver,for and on its bzlialf mid as its act and deed,bonds or other�ritines
obligatory in the nature of a bond an behalfof�ach of said Companics,as surcty,on contracts ol'sur�tyship as arc or may bc r�cluir�d or permiticd by
la��,regulation.contract or o[henvise,provided that no bond or undcriaking or contract or suretyship executed under this authorit� shall exceed the
amount oF.
ONE HUNDRED TWENTY FIVE MILLION($I25,000,000.00)DOLLARS
"I'his Po�ver of Attorne��is granted and is signed by facsimile under and by the autha-ity of the follo�ving Resolutions adopted by Ihe Boards of
Directors of botl�SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent oP its
Executi�e Commiltze clated Julv 18.2011.
"Rl:SOI,Vl:1),lhat any h��o of the President,an} ��lanaging Director,any Senior Vice President,an} Vice President,the Secretar}�or any Assistant
Secretar} be,aiid each or any of lhem hereby is,aulhoriz�d lu cxecule a Po��er of Attorney qualilying tltz attorne� named in the gi�en Yower of
Attorney to execute on bel�alf of tl�e Carporation bonds,undertakings and all cantracts af surct��,and thnt each or any of thcm hereby is authorized to
altest to the execulion of any sucl�Po�ver of Attorne��and to attach tlierein tlic seal of tlic Corporation; and it is
FURTHER RESOLVED,lhal lhe signalure otsuch oflicers and the scal of the Coiporation ma� be aflixed lo an1 such Pu��er of Altorney or to
any certi(i��ut�rcl4tin�thereto by facsimile,and any such Poa�er of:lttorncy or certificatc bearing such facsimile sienatures or facsimile seal shall be
birdine �.ni�,r.the Coipor�,ion��hen su ai�ii�cd and in the futw•e�vith re2ard to anv bond,undertaking or contract of suren�to��hich it is altached."
�'°,�ONSAA�Eq�"°'�.,� �.���pNSPRf,�d��., -
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'3: � Q � t�L_ :v- �_��: Erik Janssens,Scoiar Vicc President a(tiRCSa1C&Scnior Vice Presidenl �.�
�� .� ;Q., 'J E A L ;n; of SRCSPIC&Senior Vice PresiJent o(R7C �� �o�
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_, �� * GrraW Jngruxski,Vire President of SRCS.41C�\'ice Presidrnt of SRCSPIC
���� &Vicc President of W7C
IN WiTPJESS WIIEFE;O[=.�RCSAIC,SRCSPIC,and bVIC have caused thcu•offici�l scals to bc hercunto affiscd,and[hesc presen[s to be signed by their
autlwrized ofticers
this 'IId day of FEBRUARY �� 24
Swiss Re Corporate Solutions America lnsurance Corporation
State of lllinois S��iss Re Corpnrate Solutiuns Premier Insurance Corporation
Count� of Cook 'y R'estpurt Insw•ance Curporalion
On this 2nd day of FEBRUARY Z0 24 . hzfore me, a Notary Public personally appeared Erik.lanssens. Senior Vice President of SRCSAIC
and Senior Vice Presidcnl oF SRCSPIC and Seiiia•Vice Presideitt of WIC and Gerald Jaero��ski,Vice President of SRCSAIC and Vicc Presidcnt of
SPCSP[C and Vice President of�4'IC,pe�sonall� laio�vn ro me,���ho being b}'�»e duly s���orn,acknn��ledged that they signed d�e aUo��e Pn�ver of Attorney
as ufficz�s of and ackno��-IeJge�said instrument to be the voluntan act and deed uf their respecti�c companies.
o��cw�ssai.
c�isnroa tivw�sco
wavwr weuc,stierF oF ua�ois
cannf�lm E�drd Mad�?a.242c
�;"�`"���`,���sa'u`oo
l,leffre� Goldberg�the dul} elected Senior Vice President and Assistaut Secretar� of SRCSAIC and SRCSPIC and WIC,do hereby certify that the above and
foregoing is a tnie and ca��ect copy of a Po���zr of'Attorney givcn by said SRCSAIC and SRCSYIC �wd WIC,��hich is still in full force and effect.
1N WI"I�NI:SS WFfGRLOP.I have set my hand and aftixed the seals of the Companies this 9th day of September .20 24 .
Jeffrey Goldberg,Seniar Vice President&
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC