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Improvement Contract and Bond_Midwest Concrete, Inc._Pickleball Court Copyrighted September 4, 2018 City of Dubuque Consent Items # 20. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Midwest Concrete for Veterans Park Pickleball Court Construction Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ContracVBond - Midwest Concrete, lnc. Supporting Documentation 1 1 SECTION 00500 � Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT I� SECTION 00500 VET'S PARK PICKLEBALL COURT CONSTRUCTION PROJECT ,; THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references � purposes the 25th day of J�, 2018 between the City of Dubuque, lowa, by its City Manager, through :; authority conferred upon the City Manager by its City Council (City); and Midwest Concrete, Inc. � (Contractor). 'i 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 VET'S PARK Ili PICKLEBALL COURT CONSTRUCTION PROJECT (Project). - '; 2. CONTRACT DOCUMENTS � A. The Contract Documents consist of the following: '� 1. Project Title Page (Section 00100). Ii 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). " '��1 4. PerFormance, Payment, and Maintenance Bond (Section 00600). ,;i 5. Out-of-State Contractor Bond (Section 00610). � �� 6. Other Bonds: �';I a. (Bond Name) (pages_to_ , inclusive). ;� b. (Bond Name) (pages_to_ , inclusive). c. (Bond Name) (pages_to_ , inclusive). I;i 7. The lowa �tatewide Urban Design And �p�cifi�ation� (�UDA�) 2017 Edition. 'fl II 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 Contract Document Manual. 11.Drawings—Sheet No.1 through No.4 (4 pages) or drawings consisting of sheets bearing the following general title: ' � � '� 9 12.Addenda (numbers 1 to 1 , inclusive). � 13.Insurance Provisions and Requirements (Section 00700). � 14.Sales Tax Exemption Certificate (Section 00750). � 15.Site Conditian Information (Section 00775). � � 9 � � d S SECTION 00500 � � Page2of6 � 16.Construction Schedule and Agreed Cost of Delay(Section 00800). 17.Erosion Control Certificate (Section 00900). '' 18.Consent Decree (Section 01000). ; , 19.Other Project Information and Permits (Sections 01100 - 00000). �I � 20.Exhibits to this Contract (enumerated as follows): � a. Contractor's Bid (pages to inclusive). ;, '�� b. Bidder Status Form (Section 00460). !,; � c. The following documentation that must be submitted by Contractor prior to Notice 'I of Award. "� i i. Contractor Background Information Form (Section 00471) � � 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). l"here 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. Ij 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 �i 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 I'� 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, 'a character, location or other conditions for the Project. � 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any � other defect in any part of the Project, even if the Project has been accepted and fully paid � for by the City. The Contractor's maintenance bond will be security for a period of two years � after the issuance of the Certificate of Substantial Completion. ,, f� � F h � ' � � � � SECTION 00500 '� Page 3 of 6 1 8. The Contractor must fully complete the Project under this Contract on or before the date i indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract ' Documents. I ; 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 i and against all claims, damages, losses and expenses claimed by third parties, but not j including any clairns, 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, induding loss of use resulting there i 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 �i 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 j 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. ;j , 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 i provisions apply to said Bond. 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Substantial Com letion has been issued b the Cit it will kee and maintain the Pro'ect in P Y Y , p 1 I'i� good repair for a period of two (2) years. p 13. The Project must be constructed in strict accordance with the requirements of the laws of the �'I State of lowa, and the United States, and ordinances of the City of Dubuque, and in N 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. se . and the Federal Water Pollution Act 33 U. S. C. � � � ) q ) � � 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and �' 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and � Department of Labor Regulations (29 CFR, Part 5). � B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. � 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department � of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in � Federally assisted programs of the Department of Transportation issued pursuant to 9 such Act, hereby notifiies all bidders that it will affirmatively insure that in any contract { entered into pursuant to this advertisement, minority business enterprises will be '� � � � � 3 � � SECTION 00500 I� Page 4 of 6 � � afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability � in consideration for an award. �� ; , CONSENT DECREE � RELATING TO THE PROJECT ,II 14. � THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO 'ii THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE ',; APPLICABLE. ,.; CITY CONTRACTOR i � THIS CONTRACTOR IS NOT PERFORMWG WORK FOR THE CITY OF DUBUQUE 'i RELATED TO THE WATER& RESOURCE RECOVERY CENTER OR THE SANITARY 'i SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City has entered into a Consent Decree in the case of The United States of America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern '; District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and II 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 j 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.cifi ofdubu ue.or IDocumentCenterJNomelView/3173. A hard copy is available upon ii request at the City's Engineering Department Office. ��'; �J The City must condition any contract to perform work required under the Consent Decree upon �I perFormance of the work in conformity with the provisions of the Consent Decree. ! � The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, � the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of � all documents, reports, data, records, or other information (including documents, records, or other � information in electronic form) in its or its contractors' or agents' possession or control, or that come into � its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be �� maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA � or IDNR. � � � � , � ,� SECTION 00500 ; � Page 5 of 6 '� � CERTIFICATION BY CONTRACTOR � , The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, �i 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 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 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: i ,, Contractor ' i By: N/A { , Signature ; � I; Printed Name � Title '' Date �i � i� ii � � �� u Y � �� i 9 � B SECTION 00500 � Page6of6 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 $ 61,177.25 I � � ' �'�I CITY OF DUBUQUE, IOWA: ' 'J Cit Mana er's Office '{ Departme '!I By� I Signature � � Michael C. Van Milligen � Printed Name i City Manaqer '; Title � ', � � Date � ;i ��. CONTRACTOR: h, Midwest Concrete, Inc. i� Contractor �i r il By: ��`�, �a.'�, ; Signa re �I ��W1 4,blti'�.� S ; Printed Name � � �Y",lsf?��w''� a Title � °�' �,��' l� Date I� ___= END OF SECTION 00500 =___ � ! A � � � BofSd No. 2386952 SEC'T'��N ��60� '��, Page 1 of 4 '� , � PERFORMANCE, PAYMENT AND MAINTENANCE BDND � SECTION 00600 ''i ;, , KNOW ALL BY THESE PRESENTS: � jl That we, Midwest Concrete, Inc., as Principal (hereinafter the °Contractor" or "Principal") � and West Bend Mutual Insurance Company , as Surety � are held and firmly bound unto the City of Dubuque, lowa, as Obligee (hereinafter referred to as j "Owner"), and to all persons who may be injured by any breach of any of the conditions of this �,�� Bond in the penal sum of Sixty-one thousand one hundred seventy-seven dollars and twenty-five cents ($61,177.25), 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 25th day of J�, 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 therein specified, in a good and workmanlike manner, and in accordance with the Contract ;'' Documents. The Contract Documents for Vet's Park Pickleball Court Construction Project detail the i� following described improvements: I�,i VET'S PARK PICKLEBALL COURT CONSTRUCTION PROJECT '�` This project will add new surfacing above an existing asphalt tennis court to provide for 9 pickleball jl courts. The project will indude placement of 4" of granular material above the existing asphalt court, N placement of 4" of HMA, removal of existing net posts and basketball posts, placement of imported �i topsoil and hydraulic seeding using an urban seed mix. All workwill follow lowa SUDAS 2017 '�" �: Specifications with the City of Dubuque SUDAS 2017 Supplemental Specifications applying. �; Quantities include 551 tons of HMS mix and 525 tons of IDOT gradation 12a granular material. y , II It is expressly understood and agreed by the Contractor and �urety in this �ond 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 ii Documents, by reference made a part hereof, for the project, and shall indemnify and save � harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perForm as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. � 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, � �� . � SECTION 00600 q Page 2 of 4 oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the 'i. Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the i contract price the Owner is required to retain until completion of the improvement, but the 'q Contractor and Surety shall not be liable to said persons, firms, or corporations unless the ;i claims of said claimants against said portion of the contract price shall have been established as,provided by law. The Contractor and Surety hereby bind themselves to the � obligations and conditions set forth in Chapter 573 of the lowa Code, which by this �! reference is made a part hereof as though fully set out herein. i 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own !� expense: � � A. To remedy any and all defects that may develop in or result from work to be ! performed under the Contract Documents within the period of two (2) year(s) from the date of acceptance of the work under the Contract, by reason of defects in ; workmanship, equipment installed, or materials used in construction of said work; i� B. To keep all work in continuous good repair; and r re onable costs of monitorin and ins ect ion to assure that an C. To a the Owne s as P Y pY g wn r II outla and ex ense incurred as a defects are remedied and to re a the O e a , pY Y P , � result of Contractor s and Suret s failure to remed an defect as required by this II Y Y Y section. �� i Contractor's and Surety's Contract herein made extends to defects in workmanship or j materials not discovered or known to the Owner at the time such work was accepted. � ,i 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the " contrary notwithstanding, to the following provisions: � 1 A. To consent without notice to any extension of time authorized in approved change �i orders to the Contractor in which to p�rform the Contr��t; !I I! B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as,to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed � and the liquidated damage penalty is being charged against the Contractor. ; � � i � 7 � SECTION 00600 j Page 3 of 4 I j The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the � contrary nofinrithstanding, to the following provisions: � D. That no provision of this Bond or of any other contract shall be valid that limits to less i 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 1 way, but shall include the actual and reasonable costs and expenses incurred by the j Owner including interest, benefits, and overhead where applicable. Accordingly, "all ',{ outlay and expense" would include but not be limited to all contract or employee ' expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and '; _ exp_enses of litigation as they are incurred by the Owner. It is intended the Contractor , _. _ _ _ _ _-- — __ _ _ and Surety will defend and indemnify the Owner on all claims made against the ' Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and 'i Contract Docurnents, 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 'I � 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 7 orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the !i 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 �'�I percent (125%) of the penal sum of this Bond. ; � In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the Owner I;; 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 f�'I 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. a 1 NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully 4 perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract � Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in � full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, � Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable , provisions of the lowa Code; third, if not defined in the lowa Code, it shall be interpreted or � � � i � � � � !! SECTION 00600 Page 4 of 4 construed according to its generally accepted meaning in the construction industry; and fourth, if it �, has no generally accepted meaning in the construction industry, it shall be interpreted or construed I according to its common or customary usage. i j Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not ;� limit liability hereunder. The Contract and Contract Documents are hereby made a part of this � Bond. � � � Project No. 3502290 'i 'i Witness our hands, in triplicate, this 31St day of July , 2018. � � SURETY COUNTERSIGNED BY: Tit�e !i FORM APPROVED � - _ _ __ _ _ __ _-- ------ —-- _ --- -----_ ---- Signature of Agent � j � Representative for Ow �r � '�� Printed Name ofAgent Ii SURETY: '� CompanyAddress West Bend Mutual Insurance Company Surety Company City, State,Zip Code !I 6y:--`�� Signature Attorney-in-Fact Officer Company Telephone Number I'� Kim Hess Ij Printed Name of Attorney-in-Fact Officer '�i PRINCIPAL: i� Midwest Concrete, Inc. TriCor ',') Company Name :� Contractor j j 600 Star Brewery Drive, Suite 110 � � By: �`��(�- �� Company Address � Signa re 'j Dubuque, IA 52001 ;� ��C,G V� ��'"�� City, State,Zip Code l Printe Name jl 563-556-5441 Company Telephone Number ;j �� NOTE: � a 1. All signatures on this performance, payment, and maintenance Bond must be original �� signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. i 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END OF SECTION 00600 =___ � , � � � ,, , � , j � � � 1 , , C _ �--- { = d 1V1/��T BEND -r�-�c sy��.v�r� �.i�iN�� - � A MUTUAL INSUR,4NCE COMPANY" � BOnCI NO. 2386952 i � POWER OF ATTORNEY jl 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 II i a 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, j undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority � Shall 2XC2ed IIl alll0ullf the Suf110f: Seven Million Five Hundred Thousand Dollars($7,500,000) i!, This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted ,; by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 215t day of December, i 1999. i ,; Appointment of Attorney-In-Fact. The president or any vice president,or any other officer of West Bend Mutual Insurance II Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the executiori of and attesting of 'I bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby 'i; and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any 4 such power of attorney or certificate bearing such facsimi]e signatures or facsimile seal shall be valid and binding upon the i�; company,and any such powerso executed and certified by facsimile signatures and facsimi]e seal shall be valid and binding upon i the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. i 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. !II �; ��l i Y' '� ,��i�-arasr,, �. '�-u...�... Attest � ��' �', �r n•.,�'a,�}�'" �r�,�� I 1� � i �',�," "� "` 'ii Christopher C Z�ovygart ��°RP°°�r� �,w Kevin A. Steiner Secretaty �,�,��`�'L ,S.� Chief Executive Officer/President �� ' �II� State of Wisconsin .._... Ili County of Washington 'ii On the 22nd day of September,2017, before me personally eame Kevin A. Steiner,to me known being by duly sworn,did depose and Ilj 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 a� s affixed 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 1 signed his name thereto by like order, �• � ` ��„k3E J��Yfly � �..�,f'�.E'.(�Cr�`f._.:." . , I - ; ��"°�� ,'�µ= Juli A. uedurn � ,�'uatc� `�„� Senioi orpoxate Attorney � '��;��F��;�" Notary Public,Washington Co.,WI � '��° My Commission is Permaiient � , 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 3�st day of �u�y , 2o�s .�,,�-�a��,;� � 1 �cc�r�^ar�r��,, �� e��:.:�: � �� ..�I{� ` h "'3" �'° Heather Dunn � ��+G�� '` Vice President—Chief Financial Officer Notice: Any questions concerning this Power of,�,t�torney may��t�e di�ected to the Bond Manager at NSI, a division of West Bend � Mutual Insurance Company, � � 1900 S. 18�h Ave. West Bend,WI 53095 � ph(262.) 334-6430 I 1-800-23C-5004 � fas(262) 338-5058 � www.tl�esilverlining.com �