Improvement Contract/Bond_Mainline Excavating for Demolition of 15 South Main Street Building [SELCO] Copyrighted
June 17, 2019
City of Dubuque Consent Items # 33.
ITEM TITLE: ImprovementContracts / Performance, Paymentand
Maintenance Bonds
SUMMARY: Mainline Excavating Co., Inc. forthe 15 South Main Street
Building Deconstruction Project
SUGGESTED DISPOSITION:
ATTACHMENTS:
Description Type
Mainline Excavating Co., Inc. - ContracUBond Supporting Documentation
a�CTlt�� 005Q�B
Page 1 of 6
s„��,���T.�� ��������������,�������� �����������
��S�CT00N 00500 ��
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THIS IMPROVEMENT CONTRACT (the Contract), made in triplicat��, dated for references
purposes the 4t11 day of_Tune , 2019 between the City of Dubuque, lowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City), and
IVlainline Excavating, Co. Inc. (Contractor).
For and in consideration of the mutual covenanfis herein contained, the parties hereto agree
as foilows:
����T'���,�7"��� s������:
1. To furnish all materiai and equipment and to perform all labor necessary for the
15 South Main Street Buildin Deconstruction Pro'ect (Project).
2. CO�ITRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Confiract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 006a0).
5. Out-of-State Contractor Bond (Section 00610).
6. Otf�er Bonds:
a. (Bond I�ame) (pages _to _ , inclusive).
b. (Bond f�ame) (pages _to _ , inclusive).
c. (Bond Name) (pages _to _ , inclusive).
7. The lowa Statewide Urban Design and Specifications (SUDAS) 2017 Edition.
8. CITY OF DUBUQUE Suppiemental 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 fVianual.
11. Drawings Sheet No. throug�i No. (00 pages) or drawings consisting of
sheets bearing the following general title:
12.Addenda (numbers 1 to 1 , inclusive).
13. Insurance Provisions and Requirements (Section 00700).
14.S�ies Tax Exemption CErtific��te (Section 00750).
�:��`���s'�� �����
Page 2 of G
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 - OOOGO).
20. Exhibits to this Confiract (enumerated as foliows):
a. Confiractor's Bid (pages to inciusive).
b. Bidder Status Form (Section 00460).
c. The following documentation tl�at must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00470/00471)
ii.
iii.
21.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. IVotice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (�[ot attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Coniract Documents and must be insta{led in accordance with the Cantract Documents.
4. The Contractor must remove any mafi�rials rejected by the City as defective or improper, or
any of said work condemned as unsuitabie 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 materiais 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 wiil be held by the City until such ciaims have been settled, adjudicated or
otherwise disposed of.
6. The Confiractor has read and understands the Contract Documents herein referred to and
agrees nofi to plead misunderstanding or deception related to estimates of quantity,
cfiaracter, loc�tion or oth�r condition� for the Project.
7. In adclition to any warranty provided for in the �pecifications, the Contr�actor must also fix any
oil�er defect in any part of the Project, ev�n if the Project has been �iccepted and fiully paid
��C�TI��i�� (�Q;��d�
P�ge 3 of 6
for by the City. The Contractor's mainfenance bond wili be security fc�r a period of two years
after the issuance of the Certificate of Substantiai Completion.
8. The Contractor must fuily complete the Project under this Contract on or before the d�te
indicated in the Consfiruction Schedule and Agreed Cost of Delay ��ection of the Contracfi
Documents.
9. INDEMNIFICATIO�I FROM THIRD PARTY CLAIMS. To the fullest extent permitted by I�w,
Contractor shall defend, indemni�y and hoid harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third par�ies, but not
including any claims, damages, losses or expenses of the parties to this Contract, inciuding
but not limited to aftorneys' fees, arising oufi of or resulting from performance of this Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury, sic�Cness,
disease or death, or injury to or destruction of property, including loss of use resulting there
from, but only to the exfient caused in whole or in part by negligerit acts or omissions o�
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 arrangeme��t or Contract wifh any
other Bidder, or with any public officer, whereby it has paid or is to �ay any other Bidder or
public officer any sum of money or anything of value whatever in order to obtain this Contract;
�nd it has not, nor has another person for or in its behalf directly or indirectly, entered into
any Contractor arrangement �vith any other per�on, firm, corporation or association which
tends to or does lessen or destroy free competition in the award of this Contract and agrees
that in case it hereafter be established that such representations or guarantees, or any of
them are faise, it wili forfeit and pay not less than ten percent (10°/o) 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 ail other provisions,
be obligated to the extent provided for by iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its 8ond is surety therefore, that after the Certificate of
Sub�tantial Compietion has been issued by the City, it will keep and maintain the Project in
good repair for a period of �::���a ��e,y�.~�s�°p.
13. The Project must be construcfied in strict accordance with the requirements of the laws of th�
State of lowa, and th� United St�t�s, and ordinances of the City of Dubuque, and in
accordance with the Contract DocumentJ.
A. All appiicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. sec�.) and the Federal Water Pollution Act (33 U. S. C.
1368 et, seq.) as amended, Cxecutive Order 11738, and Enuironmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Worbc Hour� and Safety Standards Act (4�0 USC 327-330) and
Deparfiment of Lak�or Re�ulation� (29 CFR, Part 5).
�. The City of Dubuque in accord�nce with Title VI of the Civil Rights Act of 19G4, 78 Stai.
25?_, �2 U.S.C. 2000d-2000d-�1� <,nu Title 49, Code of Federal Regulations, Department
of Transporfafiion, Subtitle A, C�i(ice of the Secretary, Part 21, f�ondiscrimination i�
�i_,.��'N�..dI�'� l��e.�'r1A��
Page 4 of G
Federally assisted programs of the Department of Transportation issucd pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this �dvertisement, 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 disabilifiy
in consideration for an award.
C�m�"��r§!�' ����:��
�y��..���`9E:fi.� `��3 `���� �F�O.��C�"
��. � THIS COi�lTRACTOR Q� PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE COh1SENT DECREE AND THIS SECTIOf� ARE
APPLICABLE.
CITY CONTRACTOR
�_� THIS CONTRACTOR I��.���" 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.
Th� Cifiy has entered into a Consent Decree in the case of The United States of America, and the Staie
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 I�orthern
District of lowa. The provisions of tl�e Consent Decree apply to and are bindirig upon the City and ifis
officers, directors, employees, agents, servants, successors, assigns, and ail persons, iirms and
corpor�tions 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 consuitant 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
I.� i�� I/{,:: :t,`�'.�.(l'r>.�_�f��E�G�,e1��t,.:.er?s,e�ll��s�srt�rr� },g:.t:�;rit�_.�_/(-��>na{w�/i�,��r,i13113. A hard copy is avail�ble upon
request �t fhe City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of fhe work in conformity witi� the provisions of the Consent Decree.
The Consent Decree also provicies 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
�{I documenfs, reports, data, records, or oti�er information (including documents, records, or ofiher
information in electronic form) in its or its contr�cfiors' or agents' possession or control, or that come into
ifs or its contractors' or agents' possession or confrol, and that relate in any manner to fhe City's
per�`orm�nce of its obligations under this Consent Decree, including any underlying rese�rch and
analytic�l dafa. This information-retention periocl, upon request by the United States or the State, the
City must provide copies ofi any docuinents, rcports, analytica! data, or other information required to be
m�intained under the Con�ent Decree. At fihe ronciusion of the information-retention period, the Gi�y
n�ust no�ify tl�e United Sfates an� the St�re �i le�st ninety (90) Days prior to the destrucfiion of ���y
���T���� RQ:��a�
Page 5 of 6
documents, records, or other information subject to such requiremenfs and, upon request by the United
States or the Sfiate, the City must deliuer an,� such documents, records, or othEr information to the EPA
or IDNR.
�,����iE'��d�'s���`.sI'u ��`�� �����������a
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certiFies fo the City ofi Dubuque as foilows:
1. I have received a copy of fihe Consenfi Decree in the case of The United States of
America, and the State of lowa v. The City of Dubuque, lowa, Civil Action �lumber
Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-
5-1-1-09339, United Sfates Disfirict Court for the Northern District of low�.
2. All work performed wili be in coniormity with the provisions of thE Consent Decree.
3. All documents reports, data, records, or other information (including documents,
records, or otl�er information in electronic form) that relafie in any manner to �he
performance of obligations under the Consent Decree, includiE�g any underiying
research and analytical data, �ruill be retained as required by trie Consent Decree.
4. The Contracfor agrees to defiend, indemnify, and hold harmleas the City, its officers,
agents, or employees from and against any ciaims, including penalties, cosfis and
fees as provided in the Consent Decree, relating to or arising Qut of the Contractor's
failure to comp{y with the Cansenfi Decree.
���4:��`��<,�a�`f'C��.:
N/�
Contractor
By:
Signature
Printed Name
Title
Date
SECTION 00500
Page 6 of 6
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 Proposai and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 33 999.00
CITY OF DUBUQUE, IOWA:
Cit Manager's Office
Department
By: ",.----`
Signatur '
Michael C. Van Milligen
Printed Name
City Manager
Title ,
�
Date
CONTRACTOR:
Mainline Excavating Co. Inc.
Contractor
By: �"
Signature
I'odd Konrard
Printed Name
.�
Title
( '
Date
___= END OF SECTIOfV 00500 =__=
BOND#MCN 3435769
SECTION 04600
Page 1 of 4
PERFORMANCE, PAYMENT AND IUTAINT�NANCE BOND
^ SECTBON 00600
KNOW ALL BY THESE PRESENTS:
That we, M81I911[18 E)CC�V1tII1�CA.Inc. _ , as Principal
(hereinafter the "Contrac4or" or "Principal") and Old Republic Surety Company
, as Surety�r�held and firmly bound unto the City
of Dubuque, lowa, as Obligee (hereinaf#er referred to as "Owner"), and to all persons who may be
injured by any breach of any of the condotions of this Bond in the p�nal sum of
Thi -three thousand, nine hundred,ninety-nine dollars and 00/100
($_,33 999.00 )� 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 4th , day of �june _ __, 2A19, (hereinafter the
"ContraeY') wherein said Contractor undertakes and agrees to construct the following project in
accnrdanee with the Cont�act Documents, and to faithfuliy perform all the terms and requirements of
said Contract withen the time therein specified, in a good and workmanlike manner, and in accordance
with the Contract Documents. The Contract Documents for
15 South Main Str�et BuiEding Deconstructio� Project detail
the following described improvements:
This project involves the deconstruction of the existing 19,944 sq. ft. steel building
structure and attached 2,756 sq. ft. steel canopy. Building structures are to be
removed to the foundationlconcrete slab el�vation. The disconnection of the water
and sanitary �ewer laterais at the main will be compteted by a separate project /
contractor. The emphasis of the decanstructian is for the r�-use of salvaged building
materials, follow�d by the recycling af any salvaged building materials, with the least
desirable option being that of landfilling any materials d�emed unusable.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfiil, and abide
by each and every covenan#, condition, and part of said Contract and Contract Documents,
by ref�rence 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 per�orm 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 Confract.
,
S�CTION 00600
P�ge 2 of 4
2. PAYMENI": 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 k>ut not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor
or any sut►contractor, wherein the same are not satisfied out of the portion of the contract
price the C>wner 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 �gainst 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.
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 pertormed
under the Contract Documents within the period of zero (0) 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;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Con�racxor's and Surety's failure to remedy any defect as required by this
section.
Contractor'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 to the
contrary nofinrithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the aggregate,
involve an increase of more than twenty percent (20%) of the total contract price, and
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.
SEC:TION 00600
Page� 3 of 4
The Contractor and every Surety on the Bond shall be deemed and held bound, any
contract to the contrary notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than fve (5) years after the acceptance of the work under the Contract the right to sue
on thi:s Bond.
E. That;as used herein, the phrase"all outlay and expense" is not to be limited in any way,
but sl�all include the actual and reasonable costs and expenses incurred by the Owner
includ+ng 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 attornPys), and all costs and expenses of
litigation as they are incurred by the Owner. It is intended the Contractor and Surety
wil) defend and indemnify the Owner on all claims made against the Owner on account
of Contractor's failure to pertorm as required in the Contract and Contract Documents,
that all agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Owner will be
fully indemnifisd so that it will be put into the position it would have been in had the
Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change orders,
or in the enforcement of the promises given by the Contractor and Surery in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque Counry, State of lowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner, All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
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
s�cTioN oosoo
Page 4 of 4
lowa Code; third, if not defined in the lowa Code, it shall be interpreted o�construed according to its
generally accepted meaning in the construction industry; and fiou�th, if it has no generally accepted
meaning in the construction industry, it shall be interpreted or construed according to its comman or
customary usage.
Failure to specify or pa�icularize shap not exclude terms or provisions not mentioned and shall nnt
limit liability hereunder. The Contract and Contract Documents are hereby made a patt of this Bond.
Project No. 1001548
Witness our hands, in triplicate, this 6th day of �une , 2019.
SURETY COUNTERSIGN�D BY: Title
N/A FORM APP ED BY:
Signature of Agent
Represe tive fiar Owmer
Printed Plame ofAgent
SURETY:
CampanyAddress Old Republ�c Surety Company
Sur�ty C ny � � . �
Ci�r,St�te,Zip Code '�
By: _
Signature Aitomey-in-Fact Officer
Company Telephone Number Connie Smith, Attorney-in-Fact
PRINCIPAL' Printed Name ofAttomey-in-Fact OfficBr
Mainline Excavating Company, Inc. J. Ryan Bonding, Inc.
_ Campany Name
Contra r P.O. Box 465
By: � ` "� Comp�ny Address
S�9"��'� Hudson, WI 54016
L.t_", � �-+�", City,State�Zip C�e
Printed Name 800-535-0006
Campany Telephone Nurt�ber
NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and s�gnature of the Surety's Attorney-in-FacUO�cer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
__-- END OF SECTION 00600 ==-=
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POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and
appoint: Michael J.Douglas,Chris M.Steinagel,Christopher Mather Kemp, Robert S. Downey,Connie Smith,Kory C.Mortel of Hudson,WI
its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensafion bonds guaranteeing payment of bene�ts, asbesfos abatement contract bonds, waste
management bonds,hazardous waste remediation bonds or black lung bonds),as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED($20,000,000) FOF�ANY SINGLE OBLIGATION
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said o�cers may
remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed(if a seal be required)by any secretary or assistant
secretary;or
(ii) when signed by the president, any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be
required)by a duly authorized attorney-in-fact or agent;or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be
affixed this 6th day of March 2019
���""""""""'�% OLD REPUBLIC SURETY COMPANY
�W O��OPP AA FT!,CO�;
� p` SEAL `,>� `�c-�C.
� ;:;
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Assistant Secretary Pr2Sid2nt
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STA E OF WISCONSIN,COUNTY OF WAUKESHA-SS
On this 6th day of March 2019 ,personally came before me, Alan PBVIiC _
and .1 n E. hern ,to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say:that
they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
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.`•,i0U8��6,if Notary Public
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My Commission Expires: September 28, 2022
CERTIFICATE (Expiration of nofary's commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remai�s in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney,are now in f��r�:
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�a � June 2019
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24 51?2 ;o: �F:Ar� _= Signed and sealed at the City of Brookfield,WI this 6th day , .
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ORSC 22262(3-G6) „"""��"`°�P`�,\\ y
Assistant Secretar