Contract/Bond_Top Grade Excavating_30-Inch Sewer Force Main Relolcation III, Washington/7th/9th Sts. 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
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� SECTION 00500 �
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500 �
30" SANITARY SEWER FORCE MAIN RELOCATION — PHASE Iil �
Washington St. — 7t" St to 9t" St
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 6th day of June 2018 between the City of Dubuque, lowa, by its City Manager, through �9
� authority conferred upon the City Manager by its City Council (City), and Top Grade Excavating,
Inc. (Contractor). 'i
For and in consideration of the mutual covenants herein contained, the parties hereto agree i
as follows '
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CONTRACTOR AGREES: �
1. Ta furnish all material and equipment and to perform all labor necessary for the 30" Sanitary ij
Sewer Force Main Relocation — Phase III (Project). �i
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2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following: �
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1. Project Title Page (Section 00100). I
2. Praject Directory Page (Section 00101). ��
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3. This Public Improvement Contract (Section 00500). ��
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4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds: '
a. (Bond Name) (pages _to _ , inclusive).
b. (Bond Name) (pages _to _ , inclusive). �
c. (Bond Name) (pages _to_ , inclusive).
7. i ne iowa 5tatewiae urban �esign And Specifications (SUDAS) 2017 Edition. �
8. CITY OF DUBUQUE Supplemental Specifications 2017 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the �
Contract Document ManuaL �
10.Special Provisions included in the project Cantract Document Manual.
11.Drawings —Sheet No. A.01 through No. MSA.07 (19 pages) or drawings consisting
of sheets bearing the following general title: �
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12.Addenda (numbers 1 to 1 , inclusive). �
13.Insurance Provisions and Requirements (Section 00700). �
14.Sales Tax Exemption Certificate (Section 00750). 4�
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15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800). �
17.Erosion Control Certificate (Section 00900).
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18.Consent Decree (Section 01000).
19.Other Project Information and Permits (Section 01100 - 00000). �
20.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages_to _, inclusive).
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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
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of Award;.
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i. Contractor Background Information Form (Section 00470/00471) i
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e. None. i�
21.The following which may be delivered or issued on or after the Effective Date of the ;
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102). ;
c. Change Orders (Not attached to this agreement).
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 �
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any of said work condemned as unsuitable or detective, ana ine sarr�e mus� r�� re��d�cU ��
redone to the satisfaction of the City at the sole cost and expense of the Cantractor.
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 �or 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 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. �
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Page 3 of 6
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond wilt 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 r
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, 1
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 I�
Contractor may be liable, regardless of whether or not such claim, damage, loss or expense
is caused in part by a party indemnified hereunder. I',i
10. The Contractor hereby represents and guarantees that it has not, nor has any other person l
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 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°/o) of the Contract price but
in no event fess than $2,000.00 (Two Thousand Dollars) to the City.
11. The suret on the Bond furnished for this Contract must, in addition to all other provisions, �
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be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the law� 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). j
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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.
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).
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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 I'
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 II
entered into pursuant to this advertisement, minority business enterprises will be
afforded full apportunity 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 i
in consideration for an award.
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CONSENT DECREE �
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RELATING TO THE PROJECT +
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14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO ��
THE WATER & RESOURCE RECOVER
Y CENTER OR THE SANITARY SEWER II
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE ��
APPLICABLE. ��
GNP C
ITY 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 ca�e 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, a�d all persons, firm� 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
htt��//www cityofdubuque orq/DocumentCenterlHame/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.
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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
infarmation in electronic form) in its or its contractors' or agents' possession or control, or that come into
> > "n an manner to the Cit 's
its or its contractors or agents possession or control, and that relate i y Y I
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 I
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 �I
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 ,i
States or the State, the City must deliver any such documents, records, or other information to the EPA ;
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or IDNR.
CERTIFICATION BY CONTRACTOR ;
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Gontractor, ,
certifies to the City of Dubuque as follows: �
ree in the case of The United States of �
1. I have received a copy of the Consent Dec ;
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- i�
5-1-1-09339, United States District Court for the Northern District of lowa. j
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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,
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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. ��
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4. The Contractor agrees to defend, indemnify, and hold harmless the City,-its officers, �
agents; or emplo_yees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the C;ontractor s
failure to comply with the Consent Decree. �
CONTRACTOR:
Top Grade Excavatin , Inc.
c ac o
By:
Signatu
��R�e a V o�.J�,I`�—
Printed Na e
���r ��zc�a D��'
Title
t9 " �t " ��
Date '
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THE CITY AGREES: �
15. Upon the completion af 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 $ 584,117.80
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CITY OF DUBUQUE, IOWA: ;�
Cit Mana er's O ice �
Department ;�
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By: i
Signature !'
Michael C. Van Milligen �
Printed Name ��
City Mana er � �
Title ,, �
, �� C�-. �
Date '
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CONTI�ACTOR: � � �
To Grade Excav tin Inc. �
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By: �
Signature � �
a�m� a�L��i� _ �
Printed Name
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Title
(�- I f r �8
Date
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Bond No. 2272805
SECTIfaN q0600
Page 1 of 5 �
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PERFORMANCE, PAYMEIVT AND MAINTENANCE BC�NQ �
SECTItJN 00600 ;
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KNOW ALL BY THESE PRESENTS: '',
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That we, Top Grade Excavatinq, Inc., as Principal {hereinafter the "Gantractor" ar "Principal") and
North American Specialty Insurance Company ; as Surety are �
hel�l and firmly bound unto the City of Dubuque, lowa, as Obligee {hereinafter referred to as ?
"awner"), and to all persons who may be injured by any breach of any of the canditions of this Band '
in the penal sum af Five hundred eiahtv-faur thousand, �ne hundred seventeen dallars and eiqhty 1
cents ($ 584,117.80), lawful maney of the United States, for the payment of which sum, well:and ?
truly to be made, we bind ourselWes, our heirs, legal representatives and assigns,jointly ar severally, �
firmly by these presents. i
The canditions of the above obligations are such that whereas said Contractar entered into a cantract '
with #he Qwner; bearing date the 6th day of June; 2018; (hereinafter the "Contract") wherein said i
Contractor undertakes and agrees to construct the following project in accordanee with the Contract �
Documents, and ta faithfully'perfarm all the terms and requirements af said Cantract within the time �
therein specified, in a good and workmanlike manner, and in accordance with the Contract i
Dacuments. The Contract Documents for 30" Sanitary Sewer Farce Main Relocation — Phase 111 ��j
Vllashington St. — 7t" St to 9t" St Project detail the following described improvements: �
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The 3D" Force Main relocation Phase II I praject will extend the 30"force main pipe. on �
Washington St., from 7th St to 9th St. and include the final connections to the existing 3a" 7
force main. This project installs 720 LF of 30" DIP along with 20 LF of 42 inch bored and �
jacked steel casing and two air release structures, This project will connect ta each end of '�
the previous two phases and to the existing force main at the tie-in paints on 7th St. and i
12th St. The portian of the existing 30" force main, to .be abandaned in a future phase,will a
be capped at the tie in points. This project also includes; pavement remaval, pavement ��
patching, and traffic controL
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It is expressly understaod and agreed by the Contractar and Surety in this Bond that the following �
provisions are a part of this Band and are binding upan said Cantractor and Surety, ta-wit:
1. PERF�RMANCE: The Cantractor shall well and faithfully abserve, perForm, fulfill, and abide
by each and every eovenant, canditian, and part af said Cantract and Cantract 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 �wner_by reason of the Contractor's s
default of failure to perfnrm as required. The Contractor shall also be responsible for the �
default ar failure to perfarm as required under the Cantract and Cantract Documents by all �
its subeontractors, suppliers, agents, or employees#urnishing materials or providing laborin
the performance of the Cantract.
2. PAYMENT: The Cantractor and the Surety on this Bond hereby agreed ta pay all just claims �
submitted by persans, firms, subcontractors, and corporations furnishing materials for ar
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perFarming labar in the perFormance of the Gontract an account of which this Band is given, �
including but not limited to claims for all amounts due for labor, materials, lubricants, oil, j
gasaline, repairs on machinery, equipment, and toals, consumed or used by the Contractor i
or any subcontractor, wherein the same are not satisfied out of the portian of the cantract �
price the Owner is required to retain until completion of the improvement, but the Contractar ',J
and Surety shall not be liable to said persons, firms, or corparations unless the claims of said �
claimants against said portion of the contract price shall have been established as provided �
by law. The Cantractor and Surety hereby bind themsel�es ta the obligations and canditians
set forth in Ghapter 573 of the lowa Code, which by this reference is made a part hereof as ��
though fully set out herein. ,
3. MAINTENANCE: The Cantractor and the Surety on this 6ond hereby agree, at their awn �
expense:
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A. Ta remedy any and all defects that may develop in ar result from wark ta be performed ;
under the Gontract Documents within the period of two (2) year(s} from the date of
acceptance of the work under the Contract, by reason of defects in workmanship, I�i
equipment installed, or materials used in constructian of said work; i
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B. To keep all work in cantinuous gaad repair; and �
C. Ta pay the Owner's reasonable costs of monitoring and inspection to assure that any ',;
defects are remedied, and to repay the Owner all outlay and expense incurred as a ,�
result of Contractor's and Surety's failure to remedy any defeet as required by this II
section. i
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Contractar's and Surety9s Contract herein made extends ta defects in warkmanship or ;
materials not discovered ar known to the Owner at the time such work was accepted. i
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4. GENERAL: Every Surety on this Bond shall be deemed and held baund, any cantract to the ;�
contrary notwithstanding, to the following provisions: �
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i+. i� c���se��i wiinau� rio�ice LO any exiension oT iime au�norizea in approved cnange �
orders to the Contractor in which to perform the Cantract; �
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in �pproved change arders which thereby increases the total contract price
�nd th� p�nal �um �f tho� Bond, pr�vide�tha�all such changes�o not, in the aggre�ate,
involve an increase of more than twenty percent (20°k) of the tatal contract price, and
that this Band shall then be released as to su�h excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the �
Contract is campleted, whether completed within the specified contract periad, within
an extension thereaf, ar within a period of time after the contract periad has elapsed
and the liquidated damage penalty is being charged against the Contractor. �
� The Contractar and every Surety on the Bond shall be deemed and held bound, any contract to the �
contrary natwithstanding, to the follawing provisions: �
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SECTION OQG00
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D. That no provision of this Band or af any other contract shall be valid that limits to less
than five (5) years after the acceptance af 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, i
but shall include the actual and reasonable costs and expenses incurred by the Owner �
including interest, benefits, and averhead where applicable. Accordingly, "all outlay and
expense" would include but nat be limited to all contract or employee expense, all �;
equipment usage ar rental, materials, testing, outside experts, attorney's fees(including
overhead expenses of the �wner's staff attorneys), and all costs and expenses of
litigatian as they are incurred by the Owner. It is intended the Contraetor and Surety '�'
will defend and indemnify the Owner on all claims made against the Owner on account
of Cantractar's failure to perform as required in the Contract and Contract Dacuments,
that all agreements and promises set forth in the Cantract and Contract Dacuments, in
appraved change arders, and 'in this Bond will be fulfilled, and that the Qwner will be '
fully indemnified so thaf it will be put into the position it would have been in had the !
Contract been performed in the first instance as required. �
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In the event the Owner incurs any "autlay and expense" in defending itself against any claim as to �
which the Contractar or Surety should have provided the defense, or in the enfarcement of the i
pramises given by the Contractar in the Contract, Contract Documents, or appraved change orders, ��
or in the enforcement of the pramises given by the Contractar and Surety in this Bond, the ;
Contractar and Surety agree that they will rnake the �wner whole for all such autlay and expense, �
provided that the Surety's obligation under this Bond shall nat exceed one hundred twenty-five 'i
percent (125%} of the penal sum of this Bond. ii
fn the event that any actions or praceedings are initiated regarding this Band, the parties agree that
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the venue thereaf shall be Dubugue County, State af lowa. If legal action is required by the �wner i
to enforce the provisions of this Bond or to collect the monetary obligatian incurring ta the benefit of �;
the Owner, the Contraetor and#he 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 u
cumulative and not alternative and shall be in addition to all rights, powers, and remedies given ta the Owner, N
bv law. The Owner mav rsrace�cl an�in�1' St�r�t�� fnr an�r amniinfi ryi�arantcarl hr�rciinrlcr �nihc4har artinn i� i1
_+ -_-__, ,_ _. .._. ..._'� r.__—. �3�..._' _._..._..� .�. �...J ....��...,...... �,..............v... ......�...�n��Mv� .vv��v���v� awv�rve�. w
brought against the Contractor or whether Gontractor 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 �
pramises af the Principal, as set farth and provided in the Contract, in the Contract Documents, and in this �
Bond, then this obligation shall be null and�oid, otherwise if shall remain in full farce and effect. g
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1Nhen a work, term, or phrase is used in this Bdnd, it shall be interpreted or construed first as defined in this
Bond, the Contract, or the Contract Dacuments; secand, if not defined in the Bond, Contract, or Contract
Dacument5, it shall be interpreted or con5trued as defined in applicable provisions of the lowa Code; third, if
not defined in the lowa Gode, it shall be interpreted or construed according ta its generally accepted meaning
in the construction industry; and fourth, if it has no generally accepted mieaning in the construction industry, it
shall be interpreted or construed according to its common or customary usage.
Failure ta specify ar particularize shall nat exclude terms or provisions not mentioned and shall not limit liability
hereunder. The Cantract and Contract Dacuments are hereby made a part of this Bond.
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SECTI�N 00600
Page 4 af 5
Project No. 7102413
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Witness our hands, in triplicate, this 7th day of June , 201 g, �
SURETY COUNTERSIGNED BY: Title
N/A FORM APPROVED BY•
Signature of Agent
Printed Name of Agent Representative for�wner
SURETY�
Company Add�ess No A rican Specialty Ins�ran���c�mp�n�
rety om ny }�
City,State,Zip Code I',
g ure Attorney-in-Fact O�ricee�IA Re.�i�'ent P:g�nt i
Company Telephone Number ,,
Anne Crowner �
Printed Name of Attorney-in-Fact Officer& Ifa F�esident Agent ��
PRINCIPAL: ;
Holmes, Murphy and Associates, LLC
Top Grade cavating, Inc. Gompany Name 'I
Contr or 'I
P.O. Box 9207 �
gy• Company Address �
�ignature
1 Des Moines, IA 50306-9207
l.J��� ��Q��L'� City,State,Zip Code '
Printed Name � ��
,/ ���y���, (515)223-6800
��j�� Company Telephone IVumber '�
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1. All signatures on #his performance, payment, and maintenance �ond must be ariginal �
signatures in ink; copies, facsimile, or electronic signatures wiff not be accepted. �
2. This Bond must be sealed rrvith the Surety's raised, embossing seal. !�
3. The name and signature of the Surety's Attorney-in-Fact/C}fficer entered on this Bond �
must be exactly as listed on the �e�tifieate or Power of Aito��ey �����ripanyi�� �hi� �
Bond.
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SWISS RE CORPORATE SOLUTIONS
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NORTH AMERICAN SPECIALTY INSURANCE CONII'ANY ;�
WASHINGTON INTERNATIONAL INSUIZANCE COMPANY {
WESTPORT 1NSURANCE CORPORATION ,�
GENERAL POWER OF ATTORNEY �
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly arganized and existing under f
, laws of the State of New Hampshire,and having its principal office in the City of Overland Park,Kansas 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 Overland
Park,Kansas,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of i
Overland Park,Kansas each does hereby make,constitute and appoint: '�
JAY D.FREIERMUTH,CRAIG B.HANSEN,BRIAN M.DEIMERLY,SHIRLEY S.BARTEIVIIAGEN,C1NDY BENNETT,ANNE CROWNER, ;
TIM McCULLOH„STACY VENN,DIONE R.YOUNG,and WENDY ANN CASEY 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 behaif 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 ar suretyship executed under this authority shall exceed the �
amount of: ONE H[JNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS jd
,,
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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18y 2011.
"RESOLVED,that any t�vo of the President,any Senior Vice President,any Vice President,any Assistant Vice President, '�
the Secretary or any Assistant Secretary be,and each ar 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 !j
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 i
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."
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�.,,�.� T�"�,� r'�'+ S�A�t�`:�� 5teven . n erson, emor �ce res�ent o as mgton n[ernahona nsurance Company �����+.���1'�F� � �
s(`�: C�� !x'= �`�`,�� �ti ��= &Senior Vise President of North American Specialty Insurance Company �� a�Gry�. �y�.� I'Ij
. �G:hSI t7^ .
`py �� �� '�.� &Senior Vice President of Westport Insurance Corporafion =� .�
�Y2 1973 u� �,�t € �� � ,�
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�a\� ��� ��a BY �I
/l �Pd�'�1` v, � Mike A.Ito,Seneor Vice President of Washingtou dnternatianal Insuraoce Company �'
� ��
/'�A���l7fIIIIf111N'����1 ��"mn�rrrt��umtn`'+a.
. , &Senior Vice President of North American Specialty Insurance Company � ��� i�
� � . , � &Senior Vice President of Westport Insurance CorporaHon jl
IiV WITNE�S�VT3EREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport
Insurance Corporation ha�e caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this ��
u
this 3rd day of November ,2p 17 ,
North American Specfalty Insurance Company �
Wachinatnn in�ernatipnal incura�ce C'n�na�y �
State of Tllinois Westport Insurance Corporation �
County of Cook ss: �
��
On this 3rd day of November 20 17,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and Seniar Vice President of
Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who
being by me duly sworn,aclrnowledged 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. _ ;
QFF7ClAl SEAL '� "'� �
A1 KENNY 1.--,�`� � � '��.!ti.....
Notsry�u6EEc Sta�cn€lkiiiaais � �
M���ii�aaiza2i�'""5 � Nt.Kenny,Ncrtary Publrc : �
- �
I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington �
International Insurance Company and Westport Insurance Corporation 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,Washington International Insurance Company and Westport Insurance �
Corporation which is still in full farce and effect. n
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 7th day of June , 2018, g
— �
f,91,`�',�t°"��.�--.., �
�'
Jeffrey Goldberg,Vice President&Assistant Secretary of W asliington Intemational Insurance Company&
NoRh American Specialry Insurance Company&Vice President&Assistant Secretary oF Westport Ins�rance Corporarion u