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Improvement Contract/Bond_Diese Roofing Co._Historic Federal Building Roof Restoration Copyrighted J une 3, 2019 City of Dubuque Consent Items # 20. ITEM TITLE: ImprovementContracts / Performance, Paymentand Maintenance Bonds SUMMARY: Drew Cook& Sons Excavating, Co. for the 2019 Asphalt Overlay Ramp Project One; Giese Roofing Companyfor the Historic Federal Building Roof Restoration Project; Midwest Concrete, I nc. for the NW Arterial/Pennsylvania Avenue Right-Turn Lane Project and the 2019 Asphalt Overlay Ramp Project Two; Top Grade Excavating, Inc. for the Creek Wood Drive Storm Outlet Repair; Tschiggfrie Excavating for the Sanitary Manhole Reconstruction Project 2019. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Drew Cook& Sons Contract and Bond Supporting Documentation Giese Roofing Contract and Bond Supporting Documentation Midwest Concrete Contract and Bond (NW Arterial) Supporting Documentation Midwest Concrete Contract and Bond (2019 Asphalt Supporting Documentation O�rlay Two) Top Grade E�avating Contract and Bond Supporting Documentation Tschiggfrie E�avating Contract and Bond Supporting Documentation � a e � � � SECTION 00500 � Page 1 of 6 '� PUBLIC InIIPROVEMENT' CONT'RACT � � SECTION 00500 '� Historic Federal Building Roof Restoration � � THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references � purpases the 27t" day of March, 2019 between the City of Dubuque, lowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Giese Roofinq ; Company (Contractor). �' For and in consideration of the mutual covenants herein contained, the parties hereto agree '; as follows !� ,, CONTRACTOR AGREES: I'i , 1. To furnish all material and equipment and to perform all labor necessary for the Historic „ Federal Buildinq Roof Restoration (Project). �� y 2. CONTRACT� DOCUMENTS � � A. The Contract Documents consist of the following: �� 1. Project Title Page (Section 00100). �; �1 2. Project Directory Page (Section 00101). � 3.� This Public Improvement Contract (Section 00500). � � 4. Performance, Payment, and Maintenance Bond (Section 00600). '! � 5. Out-of-State Contractor Bond (Section Q0610). ' � 6. Other Bonds: a, (Bond Name) (pages _to _ , inclusive). � b. (Bond Name) (pages _to _ , inclusive). � c. (Bond Name) (pages _to _ , inclusive). ' 'i 7. The lowa Stafewide Urban Design 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 ____--- -_ ----- - ---- -- -_ _--------- -___----____---__ __-- ___-------- _.-- Con�racf Documen�-Manual--- � 10.Special Provisions inciuded in the project Contract Document Manual. 11.Drawings —Sheet No. 1 through No. 4 (4 pages) or drawings consisting of sheets bearing the following generai titie: Dubuque Federal Courthouse 12.Addenda (numbers 1 to 2 inclusive). � 13.Insurance Provisions and Requirements (Section 00700). 14.Sales Tax Exempfion Certificate (Section 00750). 15.Site Condition information (Section 00775). � 16.Construction Schedule and Agreed Cost of Delay (Section 00800). 17.Erosion Controi Certificate (Secfion 00900). � � � , � � PI , � SECTION 00500 � 9 Page 2 of 6 � �� 18.Consent Decree (Section 01000). i r 19.Other Project Information and Permits (Sections 01100 - 00000). 20.Exhibits to this Contract (enumerated as follows): � a. Contractor's Bid (pages 1 to 5 inclusive). ��, � b. Bidder Status Form (Section 00460)� �� c. The following documentation that must be submitted by Contractor prior to Notice I of Award. �� i. Contractor Background Information Form (Section 00471) ii. 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). �i c. Change Orders (Not attached to this agreement). � There are no other Contract Documents. The Contract Documents may only be amended, If modified, or supplemented as provided in General Conditions. �i� 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 condernned as unsuitable or defective, and the same must be replaced or y i 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 affier 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 ifiself 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 wili be held by the City untii such claims have been settied, adjudicafied 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 additian to any warranty provided for in the specifications, the Confiractor 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. 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 shali 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 � . � p , � _ __ . s�criory oasoo � Page 3 of 6 i� including any claims, damages, losses or expenses of the parties to this Contract, inciuding �� but not limited to atforneys' fees, arising out of or resulting from performance of this Contract, i provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, �;i disease or death, or injury to or destruction of property, including loss of use resulting there n 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 fior 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. c 10. The Contractor hereby represents and guarantees that it has not, nor has any other person � for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any �' other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or ` public officer any sum of money or anything of value whatever in order to obtain this Contract; � and it has not, nor has another person for or in its behalf directly or indirectly, entered into '� any Contractor arrangement with any other person, firm, corporation or association which j tends to or does lessen or destroy free competition in the award of this Contract and agrees ;i that in case it hereafter be established that such representations or guarantees, or any of ;I them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but I; 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 Confiract, which 'i provisions apply to said Bond. �� 1 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of i� Substantial Completion has been issued by the City, it will keep and maintain the Project in u good repair for a period of two (2) years. 13. The Project must be constructed in strict accordance with the requiremenfis of the laws of the �� State of lowa, and the United States, and ordinances of the City of Dubuque, and in accordance with the Confiract Documents. � A. All applicable standards, orders, or regulations issued pursuanf 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, Execufive Order 11738, and Environmental Protection u Agency regulations (40 CFR, Part 15). Contractor musfi comply with Section 103 and --- --- --- 1-07 ofi-the-C�ntract-Wark Hours-and Safety Standards Act-(40-USC-327=33Qj-and - Department of Labor Regulations (29 CFR, Part 5). '� B. D.The City of Dubuque in accordar�ce with Title VI oi ti�e �ivil Rights Aci of 1964, 78 Stat. 252, 42 U.S.C: 2000d-2000d-4 and Title 49, Code of Federai 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 ali bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises r 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 . � � � SECTION 00500 i � Page 4 of 6 � r � RELATING TO THE �ROJECI" 'i 'I i 14. � THIS CONTRACTOR IS PERFORMWG WORK FOR THE CITY OF DUBUQUE RELATED TO j THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER I r COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. �� ii CITY CONTRACTOR � �' �r� THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE I' RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. :i 'il i� The City has entered into a Consent Decree in the case of The United States of America, and the State �',I 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 Cifiy and its '� officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and �„ corporations under contract with the City to perform the obligations of the Gonsent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to I, perform work required by the Consent Decree. � A copy of the Consent Decree is inciuded in the Contract Documents and can be viewed at i� http://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A hard copy is available upon 'I request at the City's Engineering Department Office. � ; 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. � IIJ i The Consent Decree also provides that until five (5) years after the termfnation of the Consent Decree, � the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of h all documents, repor�s, da�a, records, or other information (including documents, records, or other F information in elecfironic 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 Ci�'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 oth�r 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 ninefiy (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 ta the EPA or IDNR. � CERTIFI�ATION �Y �ONTRACT�R 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: M . � R ti � 9 � SECTION 00500 � Page 5 of 6 � 1 . I have received a copy of the Consent Decree in the case of The United States of I'� 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. � � 2. All work performed will be in conformity with the provisions of the Consent Decree. ;i � 3. All documents reporfis, data, records, or other information (including documents, � records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying I, research and analytical data, wiil be retained as required by fihe Consent Decree. j 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 ;i failure to comply with the Cansent Decree. ';; i� GONTRACTOR: � ;, ;i N/A '' Contractor �i i� ( BY� �, Signature I , Printed Name � li ; � Title i` �, Date � � I I �j ii � � �� _. ___ __ --_ � r tl � � � . � . � , � SECTION 00500 � Page 6 of 6 � � l'HE 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 !' e 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. � �a r CONTRACT AMOUNT $ 184,480.00 �� a a r'� il CITY OF DU�UQUE, IOWAi � ; Cit Mana ' Office i Department �I By: �-�' � Signature Michael C. Van Milliqen �� Printed Name �I Cit Mana er �i Title � C i Date � ��R/��T�R: � � Giese Roofinq Co. �I Contractor P � f I;By: �c�"'�'�''y°� o�1�"P.�l!^�``""�'�- � Signature � II � � r �� pa;�,r �r�'��. & Printed Name N � '� ' _...___. ..._....__. _____.____..___-__.._--_...-___ _._..__ .-_.._.-_ _._.. __......___....._..._..___._____ P --- —__. ._.._�'s�''� �`.�..�' � - � ! ,r ��----- ) ��q"��€�.�� o"��""'�r, Tlt�e �i ` �� i Date ___= Eh1D OF SECTION 00500 ==__ � ` Bond No. HGMW1Q1990514 � ' � SECTION 00600 � Page 1 of 4 � � PERFO.RMANCE, PAYMENT AND MAINTENANCE BOND � SECTION 00600 � � � � �°��: � KNOW ALL BY THESE PRESENTS: � That we, Giese Roofina Co., as Principal (hereinafter the "Contractor" or "Principal") �� and Hudson Insurance Company 100 William St 5th Fl, New York, NY 10038 , as Surety �! are held and firmly bound unto the City of Dubuque, lowa, as Obligee (hereinafter referred to as �� "Owner"), and to all persons who may be injured by any breach of any of the canditions of this � � Bond in the penal sum of One hundred eiaht�our thousand, four hundred eighty dollars and zero I� cents ($184,4$0.00), lawful money of the United States, for the payment of which sum, well and la truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or �I; severally, firmly by these presents. !i li li The conditions of the above obligations are such that whereas said Contractor entered into a �� contract with the Owner, bearing date the 27t" day of March, 2019, (hereinafter the "Contract") j� wherein said Cantractor undertakes and agrees to construct the following project in accordance with ;i the Cantra�t 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 Historic Federal Buildinq — Roof Restoration '� Project detail the following described improvements: � This project consists for same sections of the roof removin the existin membrane roof �� 9 g system including roof insulation and metal edge flashing, providing new roof insulation, �i membrane roaf, and metal edge flashing, and for other sections rehabilitating the existing ! membrane and applying a built-up asphalt coating system. j � It is expressly understood and agreed by the Contractor and Surety in this Bond that the following ! pr�avision� aru a part of this Bond and are binding upon �aid Contractor and Sur�ty, to-�nrit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perForm, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason af the Contractor's default af failure to perForm as required. The Contractar 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 af 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 giuen, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor ar any subcontractor, wherein the same are not satisfied out of the portion of the � � ` SECTI�N 00�00 Page 2 of 4 confract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been '�I established as pravided 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. � 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 j workmanship, equipment installed, or materials used in construction of said work; � 1 B. To keep all work in continuous good repair; and �ij � C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any 'I; defects are remedied, and to repay the Owner all outlay and expense in�urred as a � result of Contractar's and Surety's failure to remedy any defect as required by this ; section. � � �I II Contractar's and Surety's Contract herein made extends to defects in workmanship or '� materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract ta the '� contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perForm the Contract; �. I o con�ent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contraet price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than finrenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. Ta 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 Gontractor. � , ' , � � SECTION 00600 Page 3 of 4 � � � The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the � contra notwithstandin to the followin � ry g, g provisions � D. That no pravision of this Bond or af 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 �i on this Bond. t� � E. That as used herein, the phrase "all outlay and expense" is not to be limited in any i way, but shall include the actual and reasonable costs and expenses incurred by the � Owner including interest, benefits, and overhead where applicable. Accordingly, "all ; outlay and expense" would include but not be limited to all contract or employee ; expense, all equipment usage or rental, materials, testing, outside experts, attorney's ;; fees (including averhead expenses of the pwner's staff attorneys), and all costs and � expenses of litigation as they are incurred by the Owner. It is intended the Contractor d and Surety will defend and indemnify the Owner on all claims made against the !; Owner on accaunt of Contractor's failure to perForm as required in the Contract and 'I ;; Contract Documents, that all agreements and promises set forth in the Contract and � Contract Documents, in approved change orders, and in this Bond will be fulfilled, and �!� �, that the Owner will be fully indemnified so that it will be put into the position it would �! have been in had the Contract been performed in the first instance as required. ;% q F; In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to ;; which the Contractor or Surety should have provided the defense, or in the enforcement of the �i promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Band, the � Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, fi provided that the Sur�ty's obligation under this Bond shall not exceed one hundred twenty-five �, percent (125%) of the penal sum of this Bond. ; In the event that any actions or praceedings are initiated regarding this Bond, the parties agree that ; the venue thereaf shall be Dubuque County, State of lowa. If legal action is required by the Owner to enforce the provisian� of this �ond 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 Qwner all outlay and expense incurred therefor by the Owner. All rights, pawers, and remedies of the Owner hereunder shall be cumulative and nat alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perForm all the promises of the Principal, as set forth and provided in the Contract, in the Contract � Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. 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 � SE�T`oON 00600 � �'age 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 '� according to its common or customary usage. '� Failure ta s ecif or articularize shall not exclude terms or rovisions not mentioned and shall not � p Y p p limit liability hereunder. The Contract and Contract Documents are hereby made a part of this j� Bond. � I; Project No. 350-1841 �'�I � Witness our hands, in triplicate, this 9th day of May , 2019. Ii� I SURETY CQUNTERSIGNED BY; Title '� FORM AP VED BY: j NA ', Signature of Agent � Repres ative for Owner i Printed Name of Agent I i SURETY: ; � Company Address � Hudson Insurance Company >� Surety Company � i City, State,Zip Code By. d-.� � .- Signature Attorney-in-Fact Officer ' Company Telephone Number �i Roxanne L. Jensen,Attorney-in-Fact � PRINCIPAL: Printed Name of Attorney-in-Fact Officer j Aon Risk Services Central,Inc. j Giese Roofi om an Company Name � Contract � 111 N Washil,z�;ton Street Ste 300 q By� Company Address I� S' ture � •• � Green Bay,WI 54301 � L City,State,Zip Code � Printed Na e , ` �� : 800-437-0555 �p �� L _ CompanyTelephone Number � � C�mml�sion Numb�r 722265 ' NOTE: a��,p �uy comm. �XP..bS•t�2'z� 1. All signatures on this performance, payment, and maintenance Band must be ariginal signatures in ink; capies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END OF SECTION 00600 =___ . � , • . � , , � N n � 4 HGMW-10-19�-p514 ��. ��,.��.��..:�� ; �' � ��s i��;w�. �w,�,t:a��t�° '� �l � � � �'��.��'Tf�� IN KNUW r��.I.M�T7�3Y TFIFSF PItFS�NTS; Tbat�-TLJI��QN INSURANCF COMPhNY, a corporatian of thc State of I)elaware, wiCh h oftioes at 100 William St:reet,New York,New Ynrl�, 1003&,has made, constituted and appointed, and by these presents, does rnake, canstitute and j 1ppoint � ICedty Y�.�4efly,Rox�rene�.Jensen,Christts�her F�na�'l�aas�ssvdeaa d of the st��e of ifi'isee�aasin j its true and lawful Attnrney(s)-in-�act,at Ne�v Yorlc,New York,each of thein alone to l�ave fii12 power t�act withc�ut the atlier or others,to make, executc and dc:liver an its bchalf, as Surety, bc�nds and updertal�ings g3ven-for any and all purposes, also tp execute and delzver on its behalf as i; afpresaid renewals,extensions,agreements;waivei•s,consents:ar stipulatians relating to such bonds�r undertakings provided,however,that no singte j boqnd�qor unaerCakin� shall qbl'rgate said Com�any for a�iy porfion of ttte penai su�n thereof in excess of the sum nf'�en Million I)olyars i (�l�y\lQ�o�Q�Q�o.Q�o�. �I Such bonds and undertakings when duly executed by said Attor�iey(s)-in-I�act,shall be binding upou said Company as fully and to ihe same j e��,s,if signed by the President of said Company under its corp�rate seal aftested by its Secretaxy. I gyb��;��s`�Witneas Whereof, HtJT)SQN TNSIJKANCE COMPANY has caused tlie�e presen�q to be of its Seni�r Vice President thereunto duly ' o� i � z�c�'�,�n tUis 2¢th�.,�,day pf Sentemher _,20 18 aYNew York,New York. °��99$ `� (�?.... ,�'��)., I�TJY9SQAN iNSTJ6i.ANC:F C;�9MP�.NS � II ,� I, "°°�.,��,a, j < 1 � � � I ,f, ,�6�.��— (�, l�/d .('�� C '"�'1�.��,. °°'� � �`�- '�� . i '�. � .a, attesc. ... ..... ... . .... ...�''�........ k�y .. .... ��:..... ....... . ......F.. .,.,..,. �ena p9as1-a1a0:6s MicFoael i' C,fone C � � Corporate Secretary 5enic�r Vic,e Presi�l�nt � '� '� S'['ATE QF NF W YQKK ll', CUUNT�'C?F NI:W YORK, SS. ()n the ��'th ��a�,��_,Septenibex �Zp I� before me personally came Michael P.Cifane to me knawn,wlan being by me duly swom d'xd 11 dep�se�uid say that ha is a Sez�ior Vice President c�f Tfl�JJYD�4)N IN5'UY2AIVC�CCy?i�l'E4NY,the oorporation described Jxerein and which executed ihe abave insttument, YD I+. that he izno�9 the seal af�aid Curparatiau,that the seal lffixed ta said insCrurnent is�uoh aqtPoa•ate seai,tlxat i��as sp affixed by ardar o�thu I3v�'�of Direators af saici N C;crrE�oration,and 2hat he signcd iais0�92°4A2�,�t�aagyvik�ord�r, �,r''�, � � s � a�+v�^A{�� , ,t � av� Sv`�....-.,, �r� . '�"', r"' "�. '� * ,.., ...r^:'"".�..��,...........�... p� (Nota�•xalSeal) �`' C� ,.-' ', '§�e, ':pm �A�I�i�C}?v C�c7E�T��:��' '�,� il � �'i- , `� -p d NqtaryPublic,State afNowY ��'� `I .4, � `��``,"�° " No.01G(763723Q5 � - � �_.�� e - f�ualifted in Alew Yqrk Counry j - ; < Comrnissic�n F�ires June 4,Z0�2 � � � , �+ �+g pr�+ =• (��, �� °•�' ��.�:i.��T18'�d�,t'�&�� STATE QF NEW YnI2K r'ao'�j>,."_...--'A�a,`�',,*`�e � CC7IINTY QF N�W Y(7RK�0600a�D'�+`�d(��V��,�o°°�m+ i Tk�c unc9ersigned F9ina�asi:a➢a�sds hereby certifiss: � That the ari�;inal resolution,of whicli the following ls a true and ean�ect co�y,was duly ad�pted hy nnunimous vnitteu consent of the Ba<ud of l�ireetors of i �Tudson Insurance C�rn�any dated 7uly 27`�,200'7,a�id has not sincc been rev�ked,amended or tnoflified: "R.£SQLVGD,that Ghe Presiclent,the I3xecutive Vice Presidents,the Senior Vice Presidents and tt�e Vicc Pxesidents shall have the authority and discretion, to appoint such agent or agents,�r attarney or attorneys-'sn-t'act, fox the�ur��ose of cacrrying on this Cumpany's suxety Uusiness,and to empower suc17 a�ent or a�ents,or attorney or attorneys-in-fact,to execute and dalivex,under this Company's seal or ptherwise,bonds obligations,and recagnirances,whethar macie by this Companq a,;surety thereon or othenvise,inaemuity contcacts,contracts a�id certificates, and any and all other ctintracts and undertakings made cn the caurse of ihis Coinpaay's surety business,and renewuIs,extensions,a��eemesrts,waivers,consents ar sripulations regnr�iag undert2kings sa made;and PLIRTHBR ItESOVLEI3,that the signuture af any such Officer of the Company and the Company's sc�al may be affixed by facsimile to any power of atGorney or certification given far the exccution of any boncl,undertaking,rccognizance,contract nf indemnity or oth�r Written obligakian in the nature tEiereaf'ar rclated thereCo,such signature and seal when so used whether heretofore ar hereafter,being hereby ac�opted by the Company as the original signature ot'snch officer ancl the c�rigiriai seal of the C�mpany, to be valid and 6inding upoa the Company with the same farce and effect as thQugh manually affixed." THA7"the above and foregoin�is a fnll,true and con�ect copy of Power of Attarney issucd by said Company,a�zd of the whole of the original and that the said Power of Attomey is still in full farce and effect and has not been revaked,and furthermors that the Recolution of the Baaz•d of J�irectors,set forth iii the said Poavar�oS,f,tittorney is now in foroe. .]-�^ �/'��.,, � ��nph}t$P}�,g"� �,PQ,a �'itness the hand oPthe undersigned auid khe s�a1 of said Coxpozation Qu5�1!/ 1 d�y of .4�.,,L._e�..'��,20_��. Y"o:ro �s'. ,9<,„ �" ,� �. °fi.�°� F x(C��te 9�1) / � I . :'�< / < . . � �y� � �.uFt�vraa��. By.......i/\...-/"�/�l�J:�:��r.�r�;J,)�5�..:�.. ...................... �,,,,,,,, Dinfl Duska[al.is, Ct,�poraCe SecreYary e