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Contract/Bond_Temperley Excavating for Bowling & Beyond Site Foundation Removal Copyrighted November 18, 2019 City of Dubuque Consent Items # 21. ITEM TITLE: ImprovementContracts / Performance, Paymentand Maintenance Bonds SUMMARY: Robinson Brothers Environmental, Inc. for the Multicultural Family Center Hazardous Building Materials Removal Project; Temperley Excavating, Inc. for the Bowling and Beyond Site Foundation Removal Project. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type ContracVBond - Robinson Brothers Environmental, Inc. Supporting Documentation ContracVBond - Temperly E�avating, I nc. Supporting Documentation SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 BOWLING AND BEYOND SITE - FOUNDATION REMOVAL PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 25th day of October , 2019 between the City of Dubuque, lowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Tem erle Excavatin Inc. (Gontractor). 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 Bowlinq and F3eyond Site - Foundation Removal (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. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out-of-State Contractor Bond (Section 00610). 6. The lowa Statewide Urban Design And Specifications (SUDAS) 2017 Edition. 7. ClTY OF D�lB!l�UE Su�plemsr+a! Specif;catior�s 2Q'!7 Edition. 8. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 9. Special Provisions included in the project Contract Document Manual. 10.Drawings -Sheet No. C100 through No. C107 (08 pages) or drawings consisting of shePts bearing the followinc� general title: 11.Addenda (numbers _to _ , inclusive). 12.Insurance Provisions and Requirements (Section 00700). 13.Sales Tax Exemption Certificate (Section 00750). 14.Site Condition Information (Section 00775). 15.Construction Schedule and Agreed Cost of Delay (Section 00800). 16.Erosion Control Certificate (Section 00900). 17.Other Project Information and Permits (Sections 10000-10010). 18.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to inclusive). SECTION 00500 Page 2 of 6 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 00471) ii. iii. 19.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. 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 f�r 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 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, SECTION 00500 Page 3 of 6 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) years. 13. The Project must be constructed in strict accordance with the requirements of the laws of the State of lowa, and the United States, and ordinances of the City of Dubuque, and in accordancP with the C;ontract Documents. A. All applic;able standards; ordsrs, or rPgulations issued pursuan# to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Fsderal 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). l3. Equipment �r proc�ucts authorizPd to bP purchasec� with federal funding awarded for this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(a) and (b). C. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. SECTION 00500 Page 4 of 6 CONSENT DECREE RELATING TO THE PROJECT 14. � THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED l"O THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. CITY CONTRACTOFt � 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 17ttq:1lwww,citvafdubu�u�.arplDacum�rtt�enterlHomelView131 T3. A hard copy is available upon requ�st at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contr�ctors' 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. 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: SECTION 00500 Page 5 of 6 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 �mployees 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 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 Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 70,000.00 CITY OF DUBUQUE, IOWA: City Manager's Office Department By: Signature Michael C. Van Milligen Printed Name City Manager Title � �� r Date CONTRACTOR: Temperley Excavatin�, Inc. Contractor By: .�-----� Signature �� Printed Name .�' Title GG���19 Date ___= END OF SECTION 00500 =___ SECTION 00600 Page 1 of 4 PERFORMANCE AND PAYMENT BOND SECTION 00600 Bond No.2295636 KNOW ALL BY THESE PRESENTS: That we, Tem erle Excavatin ,Inc. as Principal (hereinafter the "Contractor" or "Principal") and North American Specialty Insurance Company _ , 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 conditions of this Bond in the penal sum of _ _ Sevent�Thousanddollars ( $ 70,OQ0.o4 ), 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 25t" day of_ October , 2019, (hereinafter the "Contract")wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for Bowling and Beyond Foundation Removal Project detail the following described improvements: This project involves the removal of the foundation wall, concrete floor slab, light poles and their uases, t�ve{ve i��hes of sand fram sa�� pi.s, and back fil�it�� w�th lirnes���e scr�eri�gs. 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, 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 of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to pPrform �s required i.ander the C�ntract ancl Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used bythe SECTION 00600 Page 2 of 4 Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract 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 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• GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to 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 t� perf�rm 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°/o) 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. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the conirary noiwithstanaing, to fhe foilowing provisions: D. That no provision of this Bond or of any other contract shall 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. 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 costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense"would inc;lude but r�ot be lirnited to all coniract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perfiorm 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 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. SECTION 00600 Page 3 of 4 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 Surety in this Bond, the Contractor and Surety agree that they wiil 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 County, 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 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 no generally accepted meaning in the construction industry, it shall be interpreted or construed 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. SECTION 00600 Page 4 of 4 Project No. 350/360-1053 Witness our hands, intriplicate, this �Rrh day of october , 2019. SURETY COUNTERSIGNED BY: Title FORM APPROV Y: Not Required ,-- _ Signature of Agent Representative f Owner Printed Name of Agent SURETY: Company Address North m ican S ecial '� rance Com an Suret any City, State,Zip Code By. Signature Attorney-in-Fac Offi r Company Telephone Number Dion R.Young,Attornev-in-fact&IA Resident Agent Printed Name of Attorney-in-Fact Officer PRINClPAL: Holmes,Murphy and Associates,LLC Tem erle Excavatin Inc. Company Name Contra�#pr._.-.- _ . --�-�_� 2727 Grand Prairie Parkway By: "�� � Company Address S'gnature �� • Waukee,IA 50263 G � � .+Eac-a-- City, State,Zip Code rinted Name (515)223-6800 Company Telephone Number 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, embossingseal. 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 =___ � SWISS R�CORPORATF,SOLU'I'IONS NORTH AMERTCAN SPECIALTY INSURANCE COMPANY WASHINGTON INT�RNATIONAL 1NSURANCE COMPANY WESTPOR'I'INSURANCE CORPORATION GEN�RAL POW�R Or ATTORNEY KNO��ALL MGN BY THGS�PRI:SI:NTS,TIIAT North American Speci�lty Insurance Company,a corporation duly organized a�id existiug under laws of the St��te of New Hampshire,and having its principal office in the City of Overland I'ark,Kansas aud Wasliingtou International Insurance Couipany a corporation orglnized and existing under the laws of the State of New Hauipsl�ire and having its principal office in the City of Overlaud Park,Kansas,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and h�ving its principal office in the City of Overland Park,Kansas each does hereby make,coustihite aud appoint: JAY D.FRI'sIERMUTH,CRAIG E.HANSEN,BRIAN M.DEIMERLY,SHIRLEY S.BAR'l'ENHAGEN,CINDY BENN1sTT,ANNE CROWNER, TI�I McCUId.OH„STACY VGNN,DIONE R.YOUNG,and WENDY ANN CASEY JOINTI.Y OR SEVERALI,Y Its true aud lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its beh�lf and as its act and deed,bonds or other writings oUligatoiy in the nature of a Uond on Uehalf of each of said Companies,�s surety,on contracts of suretyship as are or may be required or permitted by la�v,regulation,contract or otherwise,provided that no Uond or undertaking or contract or suretyship executed under this authority shall exceed the amouut of: ONE HUNDRED TWF.NTY FIVF,MILLION($]25,000,000.00)DOLLARS Tl�is Power of Attorney is granted and is signed Uy facsimile under and by the autl�ority of tl�e following Resolutions adopted by the Boards of Directors of North American Specialty Insuiance Company and Washington International Insurance Coinpany at meetings duly called and held on March 24,2000 and Westport Insurance Corporltion by written consent of its F,xecutive Committee dated July 18,2011. "RESOLVED,that a�ry two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretlry or 1ny Assistant Secretary be,and each or auy of them hereby is authorized to execute a Yower of Attorney qualifying the attorney named in the given Power of Attoruey to execirte on behalf of the Company bonds,undertlkings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company ruay be aftixed to any such Power of Attorney or to any certificate re(ating thereto by facsimile,and any such Power of Attomey or certiGcate bearing such facsimile siguatures or facsimile seal shall be binding upon tl�e Company when so affixed and iii the future with regard to auy bond,undertaking or contract of surety to which it is attached." \Illitllll!/! yaau�x'�Ni°�OUrypiiii�� �������G1AU7V j����O��i �,m`Q,aPS10Nq��Np�,� ��F ��gQ.:�PFOqR�G� ��::40RPORq�,S�G-p�'c By ,` .,,"".,.� '1�,,G T�.�y� �'`', S.�L t�`.q� S[ereu . n erson,acmor �cc res� ent o xs�ngton nrernanuna nsnrance Comp�np f'�Q����� . �`�L '.�� �0:� ?ry 6 &Senior Vice Yresident of North American Specialty Insurance Company F� �7G/ti,���; �w�Z 7973 Ui:n� �C~'�'• ?n� &Senior Vice President of Westport Insarance Corporation z �£� ,r` `� � � � �: ��, Z�. O ��"/�/ i�,' !;!pM45.r i"� �'�yiS��kiM���� B / !� ��y�_ ,�f�1 o,,;s-1• ,�da��� ,�b'•••...........� � y »Wa��. `'����������11\���\`l, r�/�l0qy��jl�NStt���� �Iike A.Ilo,Seninr Yice Presidenl of R'ashington International Insurance Company * &Senior Vice President ofnortli American Speciaity Insurance Company &Senior Vice Prcsident of R'estport Insurance Corporation IN WITN�SS WH�REOP,NorQi American Specialty Insurance Company,Washington International Insurance Compairy and Westport InsLirance Corporation have caused their official seals to be hereuuto affixed,and these presents to be signed by their authorized officers this this 3rd _day of_ November �,Zp 17 North American Specialty Insurance Company Washington International lnsurance Company State of lllinois Westport lnsurance Corporatimi County of Cook ss: On this 3rd day of November ,20 l�,before me,n Notary Public personally appeared Steven P.Auderson ,Senior Vice President of Wasl�ington Liternational Iusurance Company and Senior Vice Presidenl of North American Specialty Iusurance Company and Senior Vice President of Westport Insurance Corporation and Michael A.Ito Senior Vice President of Wasliington International Insurance Company and Senior Vice President of North American Specialty Insurauce Company and Senior Vice President of�'Vestport Insttrance Corporation,personally luiowu to me,�vho being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrwnent to be the voluntary act and deed of their respective companies. OFFICIAL SFAI ( �. M.KENNY . � � • Nolary Pu6fic•Statc ef Illinois My��uaMioii%�'"`5 Nf.Kenny,Notary Public � [, Jeffi�ey Goldberg , the diily elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Wasliington International lnsurance Compairy and Westport Insurance Corporation do hereUy certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said Nortl�Americau Specialty Insuraince Company,Washington International Insurance Compauy 1nd Westport lusurauce Corporation whicli is still in fiill force and effect. 1N WITNESS WHEREOF,I have set my hand and aftixed the seals of the Compauies tl�is?8th_day of October , 2019. �.,�//' ���r: _ Jeffrcy(iuldber�,\�icc Pmsiden[R Assislan[Secre[ary of N'ashington In[ernational Insurance('ompan}& tionh American Specialiy lnsurance('ompany Nc Vice Presideni&Assistnnt Secreuiry of R'esipa�Inavance('orporaiion