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Contract/Bond_Mathy Construction Co./River City Paving_US52 Central HMA Resurfacing Project Copyrighted July 15, 2019 City of Dubuque Consent Items # 22. ITEM TITLE: ImprovementContracts / Performance, Paymentand Maintenance Bonds SUMMARY: Mathy Construction Companyd/b/a River City Paving for the US52 - Central Avenue (9th-12th Streets) HMA Pavement Milling and Resurfacing Project; McDermott Excavating for the 15 South Main Street Site Utility Disconnect Project; SELCO, Inc. for the 2019 Pavement Marking Project. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type ContracVBond - Mathy Construction dba River City Supporting Documentation Pavi ng ContracVBond - McDermott E�avating Co. Supporting Documentation ContracVBond - SELCO Co. Supporting Documentation SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 US52 - CENTRAL AVENUE (9TH - 21ST) HMA PAVEMENT MILLING AND RESURFACING PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 19� day of June, 2019 between the City of Dubuque, lowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Mathv Construction Company DBA River City Paving (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 US52 - Central Avenue (9th - 21 st) HMA Pavement Millinq and Resurfacing Proiect (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 Public Improvement Contract (Section 00500). 4. f'erformance, Payment, and Maintenance Bond (Section 00600). 5. Out-of-State Contractor Bond (Section 00610). 6. Other Bonds: a. (Bond Name) (pages _to _ , inclusive). b. (Bond Name) (pages _to _ , inclusive). c. (Bond Name) (pages _to _ , inclusive). 7. The lowa Statewide 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 Contract Document Manual. 10.Special Provisions included in the project Contract Document Manual. 11.Drawings Sheet No. A.01 through No. U.01 (108 pages) or drawings consisting of sheets bearing the following general title: ALL 12.Addenda (number 1 to 1 , inclusive). 13.Insurance Provisions and Requirements (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). SECTION 00500 Page 2 of 6 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 - 00000). 20.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to inclusive). b. Bidder Status Form (Section 00460). c. The following documentation that must be submitted by Contractor prior to Notice 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. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or 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 Page 3 of 6 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 that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any Contractor arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) 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) vears. 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 SECTION 00500 Page 4 of 6 afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. CONSENT DECREE RELATING TO THE PROJECT 14. � TH�S CONTRACTOR IS 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 APPLICABLE. CITY CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City has entered into a Consent Decree in the case of The United States of America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and 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://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. 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 coritractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. SECTION 00500 Page 5 of 6 CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: 1. I have received a copy of the Consent Decree in the case of The United States of America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number 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. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: N/A Contractor ay: � 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 Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 1 ,335,856.96 CITY OF DUBUQUE, IOWA: City Manager's Office Department By: Signature Michael C. Van Milli en Printed Name City Mana�er Title 7 � � Date CONTRACTOR: Mathy�y Constr�iction Co. DBA River City Paving Contractor gy: Sig at e ,��,,�„��,�. ��dQf'b7! Printed Name v�� ���,��,� Title ��,� Zv�Zvc9 Date ___= END OF SECTION 00500 =___ � i I Bond No. 30073570 SECTION 00600 I Page 1 of 4 ; PERFORMANCE. PAYMENT AND MAINTENANCE BOND � sECTioN oo�oo ' KN�W ALL BY THESE PRESENTS: That we, River City Pavin,g Division of Mathy Construction Companx , as Principal {hereinafter the ; °Contractor" or "Principal"} and western Sure Com an , 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 br�ach of any af the conditions of this Bond in the penal sum of �ne Million three hundred thirt -five thousand ei ht hundred fift -six dollars and ninety-six cents ($1,335,856.96}, lawful money of the United States, far the paymer�t 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 The conditians af the above obtigations are such that whereas said Cantractor entered into a contract � with the �wner, bearing date the 191h day af June 2019, (hereinafter the "Contract") wherein said ? Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to fait�fully perfarm afl the terms and requirements of said Contract within the time. therein specified, in a good and workmanlike manner, and in accordance with the Contract Dacuments. The Contract Documents far the_US52 - Central Avenue (9th - 21st? HMA Pavement , Millina and ResurFacinq Proiect (Projec#) detai{ the following described improvem�nts: Pavement milling on US521 Centra[ Avenue, from 9th to 21st Street, transverse and langitudinal joint repair as needed; pavement sub-base repair and pa#ching as needed; HMA resurfacing of both thru driving lanes and parking areas on Centrai Avenue, from 9th to 21st Street; spot curb, driveway, and sidewa#k replacement; storm sewer impravements; water main replacement; installation of ADA pedestrian access curb ramps (30 tota!). 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. PERF4RMANCE: The Contractor shal!well and faithfully observe, perForm, fulfill, and abide by each and every couenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shal! indemnify and save harmless the Owner from al1 outlay and expense incurred by the Owner by reason of the Cantractor's default of failure to perform as required. The Contractor shall alsa be responsible far the default or failure to perform as required under tne Cantract and Contract Documents by all its subcontractors, suppliers, agents, or empfoyees furnishing materials or providing labor in the performance of the Contract. 2, PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just ciaims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the perFormance of the Contract on account of which this Bond is given, including but not limited ta claims for all amounts due for labar, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the �wner is required ta retain until campletion of the improvement, but the Cantractor � 3 I ! 1 SECTION 00600 i Page2af4 � ! and Surety shall not be liable to said persons,firms, or corporations unless the claims of said ; claimants against said portion of the con#ract price shal) have been established as provided i by law. The Cantractor and Surety hereby bind themselves to the obligations and condi#ions j 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 Band hereby agree, at their own , expense; A. To remedy any and all defects that may develop in or result from work to be performe� under the Contract Documents within the period of two (2) year{s} from the date af acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. Ta keep all work in continuaus good repair; and C. To pay the Owner's reasonable casts 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#ractor'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 warkmanship 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 r�eld bound, any contract to the contrary notwithstanding, to the follawing provisions: A. To consent without riotice to any extension of time authorized in appraved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Cantract or Cantract Documents, autharized in approved change orders which thereby increases the tatal cantract price and the penal sum af this Bond, provided that all such changes do nat, in the aggregate, involve an increase of rnare than twenty percent (20%) of the total contract price, and that this Bond shall then be released as ta such excess increase; C. To consent without notice that this Band shall remain in full force and effect unti! the Contract is completed, whether completed within the specified contract period, within an extensian 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 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 shail be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. � � _ i sECTioN aasao ! Page 3 of 4 f E. That as used herein,the phrase"all outlay and expense" is not to be limited in any way, � but shall include the actual and reasonable cos#s and expenses incurred by the Owner ; including interest, benefits, and overhead where applicable. Accordingiy, "a11 outlay and I expense" would include but not be limited to all contract or employee expense, all ; equipment usage or rental, materials,testing, outside exper�s, attorney's fees(including ; overhead expenses of the Owner's staff attorneys), and all costs and expenses df i iitigation as they are incurred by the Owner. It is intended the Contractor and Surety ' wilS defend and indemnify the Owner on all claims made against the C}wner ori account of Contractor's fiailure to perform as required in the Contract and Confiract Documents, that all agreements and promises set forkh in the Contract and Contract Documents, in appraved change orders, and in this Bond w�ll be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been perFormed in the first instance as required. In the event the Owner incurs any "outlay and expense" �n defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enfarcement af 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 Surety in this Band, 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 Band shall not exceed one hundred �twenty-five percent (125°l0) of the penal sum of this Bond. In the event that any actions ar proceedings are initiated regarding this Band, the parties agres that the venue thereof shall be Dubuque County, State �f lowa. If legal action is required by the �wner to enforce the pravisions of this Bond or to collect the monetary obligation incurring to the benefit of � the Uwner, the Contractor and the Surety agr�ee, jaintly, and severally, to pay the C?wner all outlay and expense incurred therefor by the Owner. All rights, powers, and rem�dies 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 amaunt guaranteed hereunder whether actian 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 shal�faithfully perform all the promis�s of the Principal, as set forth and provided in the Contract, in the Contract Dacuments, and in this Bond, then this obligatian shall be null and void, otherwise it shall remain in full force and effect. When a work, terrn, or phrase is used in this Bond, it shall be interpreted or construed first as de#ined in this Bond, the Cantract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted ar construed as defined in applicable provisions of the lowa Code; third, if not defined in the lowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has na generalfy accepted meaning in the construction industry, it shal! be interpreted or canstrued according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. i i . ; � � SECTION 00600 I Page 4 af 4 � i Projec# No. 360276� � i Witness our hands, in triplicate, this 20th day of June _, 2019. j , SURETY COUNTERSiGNED BY: Title F�RM APP VEQ BY: N/A i Signature of Agent . Represent tive for Owner Printed Name of Agent ' SURETY: Company Address Western Surety Com�a v __ Surety Compam City,Stale,Zip Code � � �✓�i����.� � y: � Sig ture Attomey-in-Fact er Company Telephone Number Kell Nicole Bru eman Printed Name of Attomey-in-Fact Officer PRINCIPAL:River Ci Pavin Division of - h' g Willis Towers Watson Midwest, Inc. Mathy Construction Com an Company Name contrac or 8400 Normandale Lake Blvd, Suite 1700 By: w�` Campany Address� Sig t tr � ��,�% Bloomington MN 55437 City,State,Zip Code Printed Name 763.302.7197 . Company Telephone Number NOTE: .. 1. Ali signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or el�ctronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signa�ure of the Surety's Attorney-in-FactlOfficer entered an this Bond must be exactly as listed on the Certificate or Power af Attorney accompanying this Band. ___= END OF SECTION 00604 =_-- Suret� Acknowledgment State of Minnesota _�_ } ss. County of Hennepin } On this 20th day of June 2019, before me personally came Kelly Nicole Bru eman, to me known,who being by me duly sworn,did depose and say that she is the Attorney-in-Fact of Western Suret.�pany described in and which executed the above instrument; that she knows the seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name to it by like order. � � � " Notary ublic � '�TXE.,S�,,. pf_�T�.,,,, ,a;�J,,,,�;�?,,�, HEATHER R GOEDTEI. �s;y�� �: Notary Publi� �' ���'_� Minnesota �'�w.� ��=:�� MyC<�mmissiont�xpires ,��,,, ,,,�!'°.�,"r` Jan 31,2023 �/U�st�rn Sur��.y Cor�pany POWER OF ATTORNEY APPOINTWG INDIVIDUAL ATTORNEY-IN-FACT Know All Men Sy These Presents,That WESTERN SURETY COMPANY,a South Dakuta corporation,is a didy organizcJ and cxisting coiporation having its principal office in the City of Sioux F.dls,and State of South Dakota,and that it dces by virtue ot the si�nature and seal herein uftixed hcreby makc,constitule and uppuint Brian D. Carpenter, Jessica Hoff, Nicole Langer, Craig Olmstead, Trisha Kasper, Blake S.Bohlig,Kelly Nicole Bruggeman,Heather R. Goedtel,Michelle Halter,Individually of Bloomington,MN,its true and lawful Attorncy(s)-in-Fact with full power nnd authoriry hereby conferred to sign,seal nnd execute for and on its behalf bonds,anderlukings and ather obliaatory instruments of similar nature -In Unlimited Amounts - and to bind it[hereby as fully and to the same extent as if such instruments were signed by a duly authorired o[(icer of the corporation and all the ncts uf said Attorney,pursuan[to the authority hereby given,are hereby ratified.tnd confirmed. This Powcr of Attomey is made and executed pursuam to und by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders oF the corporation. In Witness Whereof,WESTERN SURETY CQMPANY has caused these presents to be signed by its Vice President and its corporute scal to be hereto aFfixed on ihis 22nd day oi February,2019. �„,�E�c4 WESTERN SURETY C �MPANY ;.�,Q'a PPOqq!\°�'o� �N G ��_- $'*�Sl�-/,1b:'t'�3r �S'.. ,�aa �`"�«��µAw`°� >aul T.Bruflat,Vice President State oP South Dakota l T Sti County oF Miiuiehaha J On[his 22nd day of February,2019,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that hc residcs in the City of Sioux Falls, State of South Dakuta; �hat he is the Vice President of WESTBRN SURETY COMPANY described in and which executed the above instrument;that he knows the seal of said corporation;that the seal aCfixed to the suid instrument is such corpor�te seal;that it was so affixed pursuant to authoriry given by the Board of Directors of said corporation and that he signed his name thereta pursuant to like authority, and acknowledges same to be the act and deed of said corporution. My commission expires J.MOHR �NOfMYv�i'aiq/a;?� '�e��'//I/� June 23,2021 �1DA%Or"�� F J.Mohr,Notary Pablic CERTIFICATE t,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby ecrtify that thc Power of Attorney hereinabove set forth is still in force,and further certify thnt the By-Law of the corporation printed�n the reverse hereof is s[ill in force. In testimony whereof[have hereunto subscribed my name and affixed the seal of the said corpnration this_,�,day of n,,,{ ,�. � .c�"sua;f►y«� WQ.��,•�p�A.,�o�,� WESTERN SURETY COMPANY :W�va q��,'�p� z� i�.`rE A �., �so-. �'�Pr �1�q.m�„R L.Nelson,Assistant Secretary Form F4280-7-2�12 Go to�rww.cnasurety.com>Owner/Obligee SQ�vices>Validate eond Coverage,if you want to verify bond authenticity.