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Contract/Bond_Top Grade Excavating for Tamarack Park Watermain Ext. Copyrighted November 19, 2018 City of Dubuque Consent Items # 38. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Top Grade Excavating, Inc. for the Water Main Extension to Tamarack Park Project. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ContracVBond for Top Grade Excavating, Inc. Supporting Documentation SECTION 00500 Page 1 of 6 � PUBLIC IMPROVEMENT CONTRACT SECTION 00500 Water Main Extension to Tamarack Park THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references � purposes the 24th day of October 2018 between the City of Dubuque, lowa, by its City Manager, i through authority conferred upon the City Manager by its City Council (City), and Top Grade Excavatinq, Inc. (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree � as follows: CONTRACTOR AGREES: �� 1. To furnish all material and equipment and to perForm all labor necessary for the VVater Main ; Extensior�s to Tamarack Park (Project). '; 2. CONTRACT DOCUMENTS � � A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). � 2. Project Directory Page (Section 00101). ',� 3. This Publac Impravement Contract (Sect�on 00500). ;� 4. Performance, Payment, and Maintenance Bond (Section 00600). ii 5. Oufi-of-Sta#e 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. The lowa Statewide Urban Design And Specifications (SUDAS) 2018 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 Contract Document Manual. 11.Drawings—Sheet No. through No. (00 pages) or drawings consisting of sheets bearing the following general title: ALL SHEETS 12.Addenda (numbers 1 to 2 , inclusive). 13.Insurance Provisions and Requirements (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). 15.Site Condition Information (Section 00775). 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). 20.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to 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. ii. ; iii. � 21.The following which may be delivered or issued on or after the Effective Date of the i Agreement: I a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). � c. Change Orders (Not attached to this agreement). l There are no other Contract Documents. The Contract Docurnents 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. 5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in 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 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. SECTION 00500 Page3of6 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. ' 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys'fees, arising out of or resulting from perFormance of this Contract, provided tha#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 �ontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. I��,� 10. The Contractor hereby represents and guarantees that it has not, nor has any other person I,� for or in its behalf, directly or indirec#ly, entered into any arrangement or Contract with any j, 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 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 Substantial Completion has been issued by the City, it will keep and maintain the Project in good repair for a period of two (2) years. 13. The Project must be constructed in strict accordance with the requirements of the laws of the � State of 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). 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 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 ! discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. � CONSENT DECREE I� RELATIIdG 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 II COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE � APPLICABLE. i �i _ �� CITY�� CONTRACTOR i� � THIS CONTRACTOR !S 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. I�I ,� 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 fVumber 90-5-1-1-09339, United States District Court forthe Northern District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its i 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;/lwuv�r.city�afclu��c�u�.orqlC�c��mer�t�er�t�r/I�or��OVi�vvl31�3. A hard copy is available upon � request at the City's Engineering Department Office. � The City must condition any contract to perform work required under the Consent Decree upon � performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion af 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. SECTIOId 00500 Page 5 of 6 CERTIFICATION BY COIVTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: ! i 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- '�1 5-1-1-09339, United States District Court for the Northern District of lowa. 'j !I ry 2. All work performed will be in conforrnity with the provisions of the Consent Decree. � ��3. All documenfis reports, data, records, or other information (including documents, records, or other information in electronic forrn) that relate in any manner to the y 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. �� C�NTRACTOR: � N/A � Contr r �;� By: � � Signature � JAse� �m�..��.� Printed Name ��C� �2�S�pE�1 Title I I- �1 � !$ � 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 $ 443,292.41 CITY OF DU�UQUE, IOWA: Citv Manager's Office Department By' _ � Signature � Michael C. Van Milligen Printed Name � i City Manager � Title �� Date � CON�'RACTOFt: oP E �' �1� m c Contr or By: Signature �A`�aa� VORWA-a� Printed Name �►C.6 �Q&S rID��'( Title I ( � ' � ' ig Date ___= END OF SECTION 00500 =___ , Bond No.2278573 SECTIC7N ��Q� Page 1 af 4 PERFt]RMANCE, PAYMENT AND MAINTENANCE BC)ND �� SECTIQN 00600 i� � KNOW ALL BY THESE PRESENTS: � That we, Tap Grade Excavatinq, Inc., as Principat (hereinafter the "Contractor" ar'`Principal"} and ' North American Specialty Insurance Company , aS SUI'etY�Ce , held and firmly bound unta the City of Dubuque; Jowa, as Obligee {hereinafter referred to as "�wner"), and ta all persans who may be injured by any breach of any af the conditions af this Bond � in the penal sum of Faur hundred fortv-three thousand, two-hundred and ninety-twa dollars and 1 fortv-one cents ($443,292;41), lawful money of the United States, for the payment af which sum, �� well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or !� severally, firmly by these presents. � i �a The conditions of the above abligations are�uch that whereas said Gontractor entered into a contract I� with the t)wner, bearing date the 24�h day of�ctober 2018, (hereinafter the "Contract"}wherein said �I� Contractor undertakes and agrees to construct the follawing project in accordance with#he Contract a Documen#s, and to faithfully perform all the terms and requirements of said Contract within the time � fherein specified, in a goad and workmanlike manner, and in accordance with the Contract i, Dacuments. The Cantract Doeuments for Vltater Main Extensic�n to Tamarack Park Projecf detail 1 the following described improvement�: � ;� ') 1 This project extends City w�ter main from Elmwoad �rive across the U.S. Highway 151161 � carridor to Tamarack Park. The praject includes the installation of the installation of � approximately 392 LF of 16" water main (DIP &PVC), �i44 LF of 12" DIP water main, 275 LF af 30" bared steel casing, 22� LF of 30" trenched steel casing and assaciated � appurtenances. . � � It is expressly understood and agreed by the Contractor and Surety in this B4nd #hat the follawing provisions are a part of this Bond and are binding upon said Contractor and Surety, ta-wit: 1. PERF�RMANCE: The Contractorshall well and faithfully abserue, perform, fulfill, and abide !� by each and every covenant, condition, and part of said Contract and Gontract Documents, � by reference made a part hereof, for the project, and shall indemnify and save harmless the (Jwner from all outlay and expense incurred by the Owner by reason of the Contractar's default of failure to perform as required. The Gontractor shalf also be responsible for the default or failure ta perForm as required under the Cantract and Contract Documents by all � its subcontractars, suppliers, agents, or employees furnishing materials ar providing labor in the performance of the Contract. 2. PAYMENT: The Cantractor and#he Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcantraetors, and corporations furnishing materials for or perFarming labar in the perFormance of the Contract on account �f which this Bond is given, including but not limited to claims for all amaunts due for labor, materials, lubricants, oil, � sEc-riory oosoo Page 2 af 4 ,gasaline, repairs on machinery, equipment, and tools, consumed or used by the Cantractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until campletion af the improvement, but the Contractor ', and Surety shall not be liable ta said persons, firms, or corparations unless the claims of said claimants against said portion af the contract priee shall have been established as p"rovided , by law. The Cantractar and Surety hereby bind themselves to the obligatians and'condifions � p � Y p 1 set forth in Cha ter 5�3 of the lowa Code which b this reference is made a art hereof as � though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety an this Bond hereby agree, at their own I 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 o# defects in workmanship, j equipment installed, ar materials used in construction of said work; i B. To keep all wark in cantinuous good repair; and ' G. Ta pay the �wner's reasonable costs of monitoring and inspe�tion ta assure that any � defects are remedied, and to repay the �wner all outlay and expense incurred as a ;j result of Gontractor"s and Surety's failure to remedy any defect as required by this section. � : Contractor's and Surety's Cantract herein made extends ta defects in workmanship or i materials not discovered or known ta the tJwner at the time such work was accepted. j I{ �. GENERAL: Every Surety on this �ond shall be deemed and held bound, any cantract to the ,4 contrary notwithstanding, to the following pravisions: I� A. To consent without notice to any extension ofi time authorized in approved change � orders to the Contraetor in which ta perform the Contract; � B. To cansent without natice to any change in the Contract or Contract Documents, � authorized in approved change arders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes d� not, in tha aggregate, involve an increase af more than twenty percen# (20°�) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without natice that this Bond shall remain in full farce and effect until the Contract is completad, whether completed within the specified cantract 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 an the Bond shall be deemed and held bound, any contract to the contrary natwithstanding, to the following provisions: . � sECTioN oasoa ' Page 3 of 4 D. That na provision of this Bond ar of any ather contract shall be Valid that limits to less than five {5) years after the acceptance of the wark under the Cantract fhe 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 cosfs and expenses incurred by the �wner �; including interest, benefits, and overhead where applicable. Accordingly, "all outlay and ' expense" would include but not be limited to a)I cantract ar employee expense, all ' equipment usage or rental, materials, testing, outside experts, atEorney's fees(including ' averhead expenses of the Owner's staff attorneys}, and all costs and expenses of � litigation as they are incurred by the �vuner. It is intended the Contractor and Surety will defend and indemnifythe Qwneron all claims mada against the �wner on account af Contractor's failure to perform as required in the Contract and Gontract Documents, I: that all agreements and promises set forth in the Contract and Confract Documents, in �'ii approved change arders, and in this Bond will be fulfilled, and that the Owner will be I� fully indemnified so that it will be put into the position it would have been in had the ' Contrac�been performed in the first instance as required. '� In the event the Owner incurs any "autlay 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 Contracf, Contrac# Documents, or approved change arders, I or in the enforcernent of the promises given by the Contractor and Surety in this Bond, the � Contractor and Surety agree that they will make the �wner whole for all such outlay and expense, � provided that the 5urety's obligation under #his Bond shall not exceed one hundred twenty-five �li percent �125°l0} af the penal sum of this Bond. 'I In the event that any actions or proceedings are initi�ted regarding this Bond, the parties agree that !� the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the tJwner ; to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the awner, the Cantractor and the Surety agree, jointly, an+d severally, to pay the Owner all outlay and expense incurred therefor by the t�wner. All ri�hts, powers, and remedies of the t?wner hereunder shall be cumulative and not alternative and shall be in additian to all rights, pov+rers, and � remedies given ta the Owner, by law. The Uwner may proceed against surety for any amount ,guaranteed hereunder vuhether action is brought ag�inst #he Contractor or whether Contractor is joined in any sueh action(s) or not. N�W THEREFORE, the condition of this abligation is such that ifsaid 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 obligatian shall be null and void, otherwise it shall remain in full farce and effect. When a work, term, or phrase is u�ed in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Cnntract Documents; second, if nat defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the lowa Cade; third, if not defined in the lawa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed accarding ta its common or custornary usage. i � sEc-riory nosoo Page 4 af 4 � ; Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not ' limit liability hereunder. The Cantract and Contract Documents are hereby made a part of fhis Bond. �� G I P # 7402745-73211 I'i� Witness our hands, in triplicate, this 2atr, day �f October , 2p�g, � � SURETY GOUNTERSIGNED BY: Title ' FORM APPR �D BY: � not required � i Signature of Agent j Representat' e for Owner i � Printed Name of Agent I 'SURETY: Company Address ��I North A er'can Specialty s rance Company ;; Sure�Y' p nY 1 City,State,Zip Code By' � ' i � Signature Attorney-in-Fa Of�'�'�r� � Company Telephone Number � I Dione R.Young,Attorney-in-Fact&lowa Resident Agent Printed Name of Attorney-in-Fact Officer PRINGIPAL: '� Holmes, Murphy and Associates,LLC Top Grade Excavating,Inc. Company Name � Contrac ' l P.O. Box 9207 gY� � V� Company Address � Signatur Des Moines,IA 50306-9207 � .�fl5� ��2��r-Q City,State,Zip Code � Printed Name �.--- (515)223-6800 � �d'� ��k�E ��'�� Ne- Corripany Telephone Number N�TE: � 1. All signatures on this performance, payment, and maintenance Bond must be origina! signatures in ink; copies, facsimil�, or electronic signatures will not be accepted. 2. This Bond must be sealed with the �urety's raised, embossing seal. 3. The name and signature af the Surety's Attorney-in-FactlC?fficer entered on this Bond must be exa�tly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END �F SECTI�N 0�6Q0 =___ � � SWISS RE CORPORATE SOLUTIONS � � � NORTH AMERICAN SPECIALTY 1NSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMI'ANY WESTPORT iNSURANCE CORPORATION , GENERAL POWER OF ATTORNEY � I�NOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of 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 Corparation,organized under the laws of the State of Missouri,and having its principal of�ce in the City of Overland Park,Kansas each does hereby make,constitute and appoint: JAY D.FREIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIMERLY,SHIRLEY S.BARTENHAGEN,CINDY BENNETT,ANNE CROWNER, TIM McCULLOH„STACY VENN,DIONE R.YOUNG,and WENDY ANN CASEY JOINTLY OR SEVERALLY � 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 l obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as as�e or may be required or permitted by 1 law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amotmt of: ONE HUNDRED TWENTY FNE MILLION($125,000,000.00)DOLLARS 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 iI on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,201 l. i "RESOLVED,that any t�vo of the President,any Senior Vice President,any Vice President,any Assistant Vice President, i 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 i in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them � hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature oF such officers and the seal of the Company may be affixed to any such Power of Attorney or to any �1 certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be II 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." '�i u tU1911fiIPllp/ �`�Uxrs��+u�iuiun�� 'i �tiyy\\�rOgu RR'j.F�q�� s�,i'G��['.� ��`r�'�� St�e en . n erson, emor �ce resi ent o as mgton nternat�ona nsurance Company a��' i � �' ,••P�".N I�r� ;.�{R �R g �...s.y� I `�= SEAL �T ��' U�� &Senior Vice President of Norlh American Specialty Insurance Company �� "�� q . �.,� 19�3 � n7= �� :�.� � &Senior Vice President of Westport Ins�vance Corporation = f e'�� N �'q:�:S;AMPs�`��q� ��cs�.� ,�' ,�� By - / /r� �•e�'°�..�.-'' � � ��/f��Pl�,""��\\ti� � �/9��iy��'�`�V�\�P�" Mike A.Ito,Senior Vice President of Washington Internntional Insarance Company y� Ig � &Senior Vice President of North American Specialty Insurance Compnny Ij &Senior Vice President of Westport Insurance Corporation � IN WI'I'NESS WHEREOI',North American Specialty Insurance Company,Washington International Insurance Company and Westport U Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this h this 3rd day of November 20 17 , �� North American Specialty Insurance Company I� Washington International Insurance Company i' State of Illinois 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 International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior 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 Specialry Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instnunent to be the voluntary act and deed of their respective companies. OFFfClALSEAL � � NF.KEtdMY �� t._ I :--. Nq�aty Puhtie.St�te crf[Iliieois "��araaiznz��""� � M.t�enny,Not�ry�'tt�ilie ; 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 Corparation which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and a�xed the seals of the Companies this 24th day of October , 2018. ��G=�3_._ Jeffrey Goldberg Vice President&Assistant Secretary of Washington Intemational Insurance Company& North funerican Specialty Insurance Company&Vice President&Assistant Secretary of Westport Insurance Corporation