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Contract/Bond_Eastern Iowa Excv/Concrete_HMA Milling US 52 White Street/11th Street Copyrighted July 2, 2018 City of Dubuque Consent Items # 26. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Drew Cook& Son Excavating Co., Inc. for the Cummins Street Retaining Wall Reconstruction Project; Eastern lowa Excavating & Concrete, LLC for the HMA Milling and Resurfacing Project US52 White and 11 th St.; Langman Construction, Inc., for the 17th Street Storm Sewer Improvements Elm St. to Heeb St. Project; Reuter Mechanical, Inc. (dba East lowa Construction)for the 2018 Asphalt Overlay Ramp Project Four; S&S Builders for the Stump and Sidewalk Removal and Repair Project; Top Grade Excavating Inc. for the 30-Inch Sanitary Sewer Force Main Relocation Phase I I I Washington St. (7th St. to 9th St.). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Drew Cook& Sons Contract-Bond Supporting Documentation Eastern lowa Excavating & Concrete Contract-Bond Supporting Documentation Langman Construction Contract-Bond Supporting Documentation Reuter Mechanical, Inc. (Eastern IAConst.) Contract- Supporting Documentation Bond S&S Builders Contract-Bond Supporting Documentation Top Grade Excavating Contract-Bond Supporting Documentation . , � PUBLIC IMPROVEMENT CONTRACT � HMA MILLING AND RESURFACING PROJECT US52 WHITE AND 11TH STREET � THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references � purposes the 11 t"day of June 2018 between the City of Dubuque, lowa, by its City Manager, through � authority conferred upon the City Manager by its City Council (City), and Eastern lowa Excavating & Concrete, 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 I HMA Millinq and ResurFacinq Proiect on US52 White and 11th Street (Project). � 2. CONTRACT DOCUMENTS i� A. The Contract Documents consist of the following: � I; 1. Project Title Page (Section 00100). ,'i 2. Project Directory Page (Section 00101). �;i 3. This Public Improvement Contract (Section 00500). i� 4. PerFormance and Payment Bond (Section 00600). �i '� 5. Out-of-State Contractor Bond (Section 00610). 6. Other Bonds: � a. Merchants Bonding Co (Bond Name) 2 (pages 1 to 2 , inclusive). ,� b. (Bond Name) (pages _to _, inclusive). � c. (Bond Name) (pages_to _, inclusive). � 7. lowa Department of Transportation standard specifications for highway and bridge � construction, series 2018, plus current supplemental specifications and special � � provisions shall apply to construction work on this project. �� 8. CITY OF DUBUQUE water distribution division standards and specifications 2011 � edition for water mains and appurtenances, shall apply to this project. 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. A.01 through Sheet No.S.05 (89 pages) or drawings consisting of sheets bearing the following general title: Hiqhway 52 White Street 9t" — 11t", and 11t" Street from White Street to Elm Street, HMA ResurFacinq with Millinq, lowa DOT Project No. NHSN-052-2 (141)--2R-31. 12. Addenda (numbers 01, inclusive). 13. Insurance Provisions and Requirements (Section 00700). � � 8 � � 4g W 14. Sales Tax Exemption Certificate (Section 00750). 15. Site Condition Information (Section 00775). 16. Construction Schedule and Agreed Cost of Delay (Section 00800). 17. Pavement Marking (Section 08020). 18. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 to 31 , inclusive). b. Bidder Status Form (Section 00460). c. Contractor Background Information Form (Section 00471) d. The following documentation that must be submitted by Contractor prior to Notice � of Award. � i. N ii. � i' iii. { , e. None. � 19. 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 i 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 redone to the satisfaction of the City at the sole cost and expense of the Contractor. � 5. Five percent (5�Ioj of the Gon'tract price wili be re�ained by the c;ity tor a perioa of thir�y (:��j 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 lowa 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 ; 0 � � A 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, b provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, �i ti 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 i� Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts �1 Contractor may be liable, regardless of whether or not such claim, damage, loss or expense i; 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 i', �. public officer any sum of money or anything of value whatever in order to obtain this Contract; 'k 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 �i 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 i Substantial Completion has been issued by the City, it will keep and maintain the Project in � good repair for a period of two (2) vears. p 13. The Project must be constructed in strict accordance with the requirements of the laws of the � State of lowa, 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). , , � � � c � � � � 6 � � - ',� C. Equipment or products authorized to be purchased with federal funding awarded for this d Contract must be American-made to the maximum extent feasible, in accordance with p Public Law 103-121, Sections 606(a) and (b). � 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 'ii 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 I discriminated against on the grounds of race, color, national origin, sex, age, or disability � in consideration for an award. i� � 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 !I APPLICABLE. �, i; RDS CITY CONTRACTOR �� THIS CONTRACTOR IS NOT PERFORMWG 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. ' p 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.orq/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 n i � ' u ��i 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 � �i 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. � 4 CERTIFICATION BY CONTRACTOR I The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, �j certifies to the City of Dubuque as follows: Y 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 I 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. ',I I 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 �i 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, N agents, or employees from and against any claims, including penalties, costs and fees ;i as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: �astern [o�,rr� Excavat;r � �or�re#Q !LG. o tracto; _.,,� _...__..�._e .... . .,....��... ..�°-�—� y: �--' � _--.� - ignature � �� Printed Name V�� Title � � y�� Date � , , . , � 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 $663 771.22 ,I CITY OF DUBUQUE, IOWA: Citv Manaqer � Department ,� �I By: Signature � � �i� 'i �i Michael C Van Milliqen i Printed Name �f City Manaqer I� Title � � �( ' � 'I � I� Date �!I � I !I CONTRACTOR: � Eastern lowa Excavatinq & Concrete, LLC. Contractor B�: Signature i Printed Name Title Date � � y w C CONS TRUCTION SCHEDULE AND AGREED COSTS OF DELAY SCHEDULE: CALENDAR DAY SCHEDULE: � Work required by the Contract Documents shall commence within ten (10) calendar days after � Notice to Proceed has been issued and shall be Completed by November 16, 2018. � � AGREED COSTS OF DELAY: � Time is of the essence of the Contract. As delay in the diligent prosecution of the work may � inconvenience the public, obstruct traffic, interFere with business, and/or increase costs to the City � such as engineering, administration, and inspection, it is important that the work be prosecuted � vigorously to final completion. i i; An extension of the contract period may be granted by the City for any of the following reasons: �{ � 1. Additional work resulting from a modification of the Contract Documents by approved change I; �; order. I� ;�; 2. Delays caused by the City. li �` 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify ,� such. � Should the Contractor, or in case of default the Surety, fail to complete the work within the specified ��, Substantial and Final Completion Dates, a deduction at the daily rate for agreed costs of delay will � be made for each and every calendar day or working day, whichever is specified, such that the work 'd b remains uncompleted. The Contractor or the Contractor's Surety shall be responsible for all costs II incidental to the completion of the work, and shall be required to pay the City the following daily costs: p A. For each calendar day that any work remains uncompleted beyond the Final Completion � date the contractor will be assessed and shall pay, $500.00 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Final Completion requirements are met. Permitting the Contractor to continue and finish the �fVorK, or any par� ai ii, afte�th� 2�.p�ratior of the � Final Completion dates or Milestone Dates or extension thereof shall in no way operate as a waiver h on the part of the City of any of its rights or remedies under the contract, including its right to Agreed � Cost of Delay pursuant to this provision. Furthermore, the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of the Contract. The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as the true and actual damages due the City for loss to the City and to the public due to obstruction of traffic, interference with business, and/or increased costs to the City such as engineering, administration, construction, and inspection after the expiration of the contract times, or extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and final payment will be withheld from the Contractor until payment has been made of this invoice for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of delay in excess of the amount due the Contractor. � i Bond No.2385453 � � PERFORMANCE AND PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we, Eastern lowa Excavating & Concrete, LLC, as Principal (hereinafter the "Contractor" or !+ ��Principal��) and West Bend Mutual znsurance Company aS q 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 Six hundred sixty-three thousand, seven hundred seventy-one dollars and � twenty-two cents ($663,771.22) 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 11t" day of June 2018, (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 ��I therein specified, in a good and workmanlike manner, and in accordance with the Contract ;{ Documents. The Contract Documents for HMA Millinq and Resurfacinq Project on US52 White and !� 11th Street detail the following described improvements: 'i '�; I; This project includes the milling and resurfacing of White Street from 9th to 11t" and 11th I� Street from White to Elm Street. Also the placement of 365' of storm sewer and 478' of � watermain is included with this project. i � 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 de�auli �ir failuf� i� ��ri�rrri d5 i"ec�Ulieca unUzr ire Cunt�act a�� Cortract D��ur�ents by all its subcontracfors, 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 subcoritractor, wherein the same are not satisfied out of the portion of the contract price the Own�r is required to retain until completion of the improvement, but the Contractor and Surety sh'all 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 � a i � , I set forth in Chapter 573 of the lowa Code, which by this reference is made a part hereof as 4 though fully set out herein. � 3. 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 I� that this Bond shall then be released as to such excess increase; ; i: �,� 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 notwithstanding, to the following provisions li 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. j , E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, � but shall indude 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 i overhead expenses of the Owner's staff attorneys), and all costs and expenses of I�ti�atin� �s they arP incurr�c� hy th� nvvner. It is int�nded the �ontractor 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. � " � � � � L � 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 i 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. � 1 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. j � When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined II� 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 3 generally accepted meaning in the construction industry; and fourth, if it has no generally accepted i meaning in the construction industry, it shall be interpreted or construed according to its common or �' customary usage. I� �l 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. �� i� Witness our hands, in triplicate; this lzth day of Sune , 2018. I SURETY COUNTERSIGNED BY: Title FORM APPROVED . � Signature of Agent i Printed Name of Agent Representative for Own � SURETY: ,� Comoany Address � West Bend Mutual Insurance Company Surety Company � Gity,State,Zip Code By: ��'�� Signature A�tto ey`n-Fact Officer Company Telephone Number xim xess Printed Name of Attorney-in-Fact Officer PRINCIPAL: Tricor Ea e zow � � ae�ng�'�"�on-�.x�,te LLC Company Name i C tracto 600 Star Brewery Dr Ste 110 �y: :� Company Address i nature �� Dubuque, IA 52001 City, State,Zip Code Printed Name 563-556-5441 Company Telephone Number � Q ; � � ; 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. I,� 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. Il ij ,� � j � li � � �i ii� �i ,�� fi i li ;; ;i li �i ; �. iI J I� I�II ii � iI, li I'. yi� � � II I� I � � � �y E � , � , � �� . WE�►T �E �rr�c si�.:vcR t.��i�� ,... , A MUTLfAL INSUR CE COMPANY' � B011d NO. 2385453 �I ' POWER OF ATTORNEY I! Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West � Bend, Wisconsin does make,constitute and appoint: � , KIM HESS ; s lawful Attorney(s)-in-fact,to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority Shall eXC2ed In am0Ullt the SUITt Of: Seven Million Five Hundred Thousand Dollars($7,500,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted 1 by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 215t day of December, �, 1999. r Appointment ofAttorney-In-Fact. The president or any vice president or any other officer of West Bend Mutual Insurance � Company may appoint by written certificate Attorneys-In-Fact to nct on behalf of the company�n the execution of and attesting of ,:I bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any i such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the ;� company,and anysuch powerso executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon � the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. li Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. � In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned �'' and its corporate seal to be hereto duly attested by its secretary this 22nd day of Se tember,2017, �' h t�1�f�"�.C� t�� a ;r:":�1�s" �,��pt-rta"Q� �.., ,h .�.1�.��-�`�--- li Attest . � : �k- � y� Christopher C. Z� gart ��'�`�`��''"r�"�aw Kevin A. Steiner � '"� �'��''�' Chief Executive Officer/Pxesident Secretary �,,�,�� .�.,. �-� �'�,��,°'� °r�r State of Wisconsin ....r,.. County of Washington w On the 22nd day of September,2017, before me personally came Kevin A, Steiner,to me known being by duly sworn,did depose and H, say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company, � the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal aifixed to said instrument is such corporate seal;that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. ° � - " �'� ^� .a . , a�;�w r��,y� y,,r"� � . a ":.acar,�r�s � : JuliA. neduin � �,�: ��.a� �,�a;-" Senior orporate Attorney �<�%��,�Cc��','.•" Notary Public,Washington Co.,WI � ��` My Commission is Perymanent ' The undersigned,duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this �2th day of June , 2o�s ,�:�aw�i"su;� ,,--� � ��; �, , � <�a�ow,r��, � �, ��'-�r;�'�-�, �� 57��.�� : ,� �, -�� Heather Dumi � '�K� Vice President—Chief Financial Officer Notice: Any questions concerning this Power o�;�ttorney may��be directed to the Bond Manager at NSI, a division of West Bend Mutual Insurance Company. � 1900 S. 18��Ave. West Bend,WI 53095 � ph("zG�ji 334-6430 ( 1-800-236-5004 � fax(262) 338-5058 � tvww.thesilverlining.com � �