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Improvement Contract / Bond_Miller Excavating for Airport Utilities Extension Project Copyright 2014 City of Dubuque Consent Items # 33. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Midwest Concrete, Inc., for the 2015 Asphalt Overlay Access Ramp Project Two; Miller Trucking and Excavating, Inc., for the Airport Utility Extension Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Midwest Concrete Contract and Bond Supporting Documentation ❑ Miller Trucking and Excavating Contract and Bond Supporting Documentation I� 'i 3 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 Utility Extensions to the Dubuque Regional Airport l THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references j purposes the ZZncf:=day of May 20[5 beteri the=City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Miller Truck ng & Excavating Inc. (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 Utility Extensions to the.Dubuque Regional Airport (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 Qut�f�Sta#e,C�o�ntractor�Bor�cct Section 00�14� ,i Other Bo�nyds b��� Bond Name)���(pages��3 ���inciu�sfve c (Bond,Name) (pages3%to„ ;inclus«re)u 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2015 Edition. j 8. CITY OF DUBUQUE Supplemental Specifications 2015 Edition. 9MOther Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. a 10 Special Provisions included in the project Contract Document Manual 11 Drawings SheetNo Al through No WF-1 and No OG 01 through Nory 2Y 01 -31 (00 pages) or drawings consisting of sheets bearing the following general title 12.Addenda numbers 1,to 3 , inclusive j 13.Insurance Provisions and Requirements (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). i 15.Site Condition Information (Section 00775). 16.Construction Schedule and Agreed Cost of Delay (Section 00800). 9 6 , SECTION 00500 Page 2 of 6 j 17.Erosion Control Certificate (Section 00900). 18.Consent Decree (Section 01000). 19.Other Project Information and Permits (Section 01100). 20.Exhibits to this Contract (enumerated as follows): b. Bidder Status Form (Section 00460). c. Contractor Background Information Form (Section 00471) d�The�`ollon��clocum:entatlorrthat rr�ust be�subrn�tted,by�Conor prl� to a It ce eNone 21.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). i b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). I 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. i 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 i i SECTION 00500 Page 3 of 6 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 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 y 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, Ij be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which h 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). SECTION 00500 Page 4 of 6 B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act, if applicable, and related labor requirements and regulations and the Federal Wage Determination for this Project. x C. Equipment or products authorized to be purchased with federal funding awarded for this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). i CONSENT DECREE RELATING TO THE PROJECT 14. 0 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. l 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 Cit to perform the obligations of the Consent Decree. P Y p g 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 htt ://www.cit ofdubu ue.or /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 I i i I SECTION 00500 Page 5 of 6 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. 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 Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number,2008VO0041, 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: Miller Truckin xcavatin Cant or By: 8 Hato Jarrod Miller Printed Name President Title Cate SECTION 00500 p Page 6 of 6 THE CITY AGREES: j 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 k 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$ i CITY OF DUBUQUE, IOWA: City Manager's Qffice Department By, Signature Michael C.Van Milligen Printed Name itv Manager Title Date CONTRACTOR: Miller Trucking&Excavating Contra for By: Sig bra Jarro it r Printed Name President Title Date —W== END OF SECTION 00500 ==== i Bond No.: 2200419 SECTION 80600 i Page 1 of 5 ilk PERFORMANCE PAYMENT AND; MAINTENANCE BOND SECTION 00600 i KNOW ALL BY THESE.PRESENTS: N That we, Miller Trucking& Excavating; Inc. , as l Principal (hereinafter the "Contractor" or "Principal") and North American Specialty Insurance J Company , as Surety are held and firmly bound unto.the City of Dubuque, Iowa, as obligee (hereinafter referred to as "Owner", and to all arsons who I P may be injured by any breach of any of the conditions of this Bond in the penal sum of Nine Million Sixteen Thousand Sixty Six and 50/100 dollars ( 9,016,066.50 ), 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 ccmditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 22nd i day of May 2015, (hereinafter the "Contractl. 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 q; good and workmanlike manner, acid in accordance with the Contract Documents. The Contract Documents for Utility Extensions to: the Dubuque Regional Airport Project detail, the following described improvements: This project extends City sanitary sewer, water main and fiber optic.conduit from The Technolo gy Parc, along the U.S. Highway 151/6.1 corridor, to the Dubuque Regional Airport The protect includes the installation of approximately 15,111 Lf of 8'° 12".and 18' sanitary sewer main, 18,718 Lf of 6", 8", 12", and 18"water main, 22,030 LF of 4m 1 'f2" Fiber optic conduit,two water booster stations and a:500 1 000 gal water reservoir. 7 Itis 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 madea part hereof, for the project, and shall indemnify and save harmless.the towner from all outlay and expense incurred by the Owner by reason of. the Contractor's default: of Ifailure 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 ail 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 9 I I i I I1 SECTION 0600 Page 2 o 5 for or performing labor in the performance of the Contract on account of which.this Bond is given, including but rrct limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and toots, 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 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 Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3: MAINTENANCE: The Contractor and the Surety on this. Bond hereby agree, at their own j 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).frarn 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; i B. To keep all*work in continuous goad repaiir and C Topay 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's failure to remedy any defect as, required by this section. Contractor's and Surety's Contract herein made extends. to defects in workmanship or the Owner at the time such work was acce ted. materials not discovered or known to h_ ,, . p 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 bereleased as to such excess increase; C. Toconsent 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. 4 E a SECTION 00600 Page:3 of 5 j i The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no.provision of this Bond or of any other contract.;shali be valid that limits to less J 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, matenalsy testing, outside experts, attomey'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 1.Indemnify the Owner on all claims made against the Owner on account cif 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 Noutlay 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' promisesgiven 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. i In the event that an actions or proceedings are initiated regarding this Bond, the,.parties agree that y 9 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 law: The Owner may proceed against surety for any amount guaranteed Ihereunder whether action is brought against the Contractor or whether Contractor is jointed in any such action(s)or not: NOW THEREFORE, the condition of this obligation is such that if sold 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. I 1 SECTION 00600 Page 4 of 5 l 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 ii.nterpreted or construed as defined in applicable provisions, of the Iowa Code; third, if not defined in the Iowa Cade, it shall be interpreted or construed according to its,generally accepted,.meaning in the construction industry; aril fourth; if it has no generallyaccepted meaning in the construction industry, it shall be interpreted or construed according to its common..or customary usage. 1 Failure to specify, or particularize:Shall not exclude terms or provisions not mentioned and shall not iimit liability hereunder. The Contract and Contract. Documents are hereby made a part of this Bond: GIP 0 7102409, 7402395, 3002491 Witness our hands, in triplicate,'this. 28th. day of. May , 2015. S.I�IRETY cauNTE��iGNlwa l�Y. FORM APP Ft BY: Signature of Age t Staey Venn Holmes, Murphy and Associates, LLC Representati efofDwner Printed Name of Agent SURETY: P.O. Box 9207 Nort erican ecialty Insurance Company Company Address Sure C rinpony Des Moines, Iowa 50306-9207 ' City,State,Zip.Code Si re oiraey-in-Fact Off icer j (515)223-6800 Anne Crowner, Attorney-in-Fact Company Telsphane Number Printed Name ofAttomey-in-Fact Officer PRINCIPALHolmes, Murphy and Associates, LLC Company Name Miller Truc ing &Excavating, Inc. Contractor P.O. Box 9207 Company Address By: Signatu Des Moines, Iowa 50306-9207 IV���I � l �I� v- Clty,State;:,7�p Cade (515)223-6800 Printed Name i l�` � Company Telephone Number t/tl Title e NOTE:: a 1. All signatures.on this performance; payment,and maintenance Bond must.be original s signatures in ink; copies,facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed uvith.the Surety's raised, embossing seal. I I J� l SECTION 00600' Pag6 5 of 5 i 3: The name and signature of the Surety's Attomey-in-Fact/Qfficer entered on this Bond mint be exactly as listed on the Certificate or Power of Attorney accompanying this Bond i a =_ END OF 5ECTION.00,600 ==aa I 9 f NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY i GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,Illinois,each does hereby make,constitute and appoint: 1 JAY D.FREIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIMERLY,SHIRLEY S.BARTENHAGEN, CINDY BEN NETT,ANNE CROWNER,TIM McCULLOH,STACY VENN,LACEY CRAMBLIT and DIONE R.YOUNG JOINTLY OR SEVERALLY (I Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION($50,000,000.00)DOLLARS j i This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9t1i of May,2012: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." «}s Pal i r�yyaiPrannrr �� AJ7Y1,ys���i r °er�RPOR9 SG g r•, _C `' SEAL •,Cyj Steven P.Anderson,Senior Vice President of Washington International Insurance Company SEAL 0 a_ '� 1873 y h &Senior Vice President of North American Specialty Insurance Company w_ :m rA fill By_ AV David M.Layman,Vice Pres d t of Washington International Insurance Company �i��lne &Vice President of North American Specialty Insurance Company 1 i IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this25th day of January 2013 , North American Specialty Insurance Company Washington International Insurance Company u State of Illinois County of Cook ss. On this 25th day of January 2013,before me,allotary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, N. personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL' DONNA D,SKLF.NS Notary Public;State of Illinois Donna D.Sklens,Notary Public My Commission,Irzpires 10106/2015 I, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. i 1N WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 28th day of May 20 15 j- 4 i Jeffrey Goldberg,Vice President&Assistant Secretary of I, Washington International Insurance Company&North American Specialty Insurance Company