HomeMy WebLinkAboutBrock Even Construction - FY24 Sidewalk Repair Cont. No. 1082 - 9.18.2023FORM OF CONTRACT
FOR THE CONSTRUCTION OF
FY 2024 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 3
CITY OF WATERLOO, IOWA
CONTRACT NO. 1082
This contract made and entered into this 18 day of September , 2023, by and between the City of Waterloo, Iowa,
a Municipal Corporation, (hereinafter referred to as City), and BROCK EVEN CONSTRUCTION, LLC , of
JESUP, IOWA, hereinafter referred to as Contractor), WITNESSETH:
PAR. 1
PAR. 2
PAR. 3
PAR. 4
PAR. 5
PAR. 6
PAR. 7
Contractor agrees to build and construct the FY 2024 Sidewalk Repair Assessment Program -Zone
3, Contract No. 1082, and furnish all necessary tools, equipment, materials, and labor necessary to do
all the work called for in the plans and specifications in a workmanship -like manner and for the prices
set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed
to be a part of this contract.
It is understood and agreed that the resolution adopted by the City Council ordering the construction of
the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of
Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter,
and the Plans and Specifications shall all be considered as forming a part of the contract the same as
though they were each set out in said contract.
The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said
work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in
strict accordance with the requirements of this contract, and of the plans and specifications made a part
hereof by reference, and to the satisfaction and approval of the City and its engineer.
The Contractor agrees to perform said work and install said improvements on the terms set out in bid
or proposal to the City which has been accepted by the City and which is by reference made a part of
this contract.
The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice
to Proceed". Seventy (70%) percent of the items shall be completed on or before December 15,
2023 and one hundred percent (100%) of all items shall be completed on or before April 26, 2024.
Should the Contractor fail to complete said improvements in strict accordance with the terms and
conditions of this contract, or the plans and specifications therefor promptly by the date herein specified,
the City may pay such additional sums as it may be required to pay by reason of the failure of said
contractor and deduct any and all such sums from any amount then due the Contractor.
The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to
the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any
excavations in any street or alley, and maintaining proper and sufficient barricades with lights and
signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the
FORM OF CONTRACT Page 1 of 3
PAR. 8
PAR. 9
PAR. 10
PAR. 11
PAR. 12
City whole and defend any and all suits that may be brought against the City by reason of any injuries
that may be sustained by any person or property allegedly caused by the Contractor, or his agents,
while work is done pursuant to this agreement.
The Contractor agrees that in the event a law suit is brought against the City for damages allegedly
sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of
any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug
by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit
and save the City harmless therein, and in case judgment is rendered against the City, the Contractor
agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent
company in a sufficient amount to protect the City and those who use the streets of the City.
The City shall have the right to appoint one or more construction reviewers who shall review the
progress of the work in detail; also, to make any test or any material to be used in such work. No
material shall be used in any work until the same has first been approved by the construction reviewer.
Such construction reviewer shall have full authority to pass judgment upon all materials and upon the
manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work
shall be final unless it is revoked or modified by the City Engineer.
Any material, which has been rejected by the construction reviewer, shall be at once removed from the
line of work and shall not be again taken thereon or placed with the material proposed to be used without
the written consent of the City Engineer.
The Contractor shall maintain no cause of action against the City on account of delays and prosecution
of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion
of the job as was lost by reason of the delay caused by the City.
The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who
shall perform labor or furnish materials entering into this improvement. It is agreed that the City need
not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall
not be liable for said labor, material, or men under this contract.
PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be
provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for
the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract.
Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and
is by reference made a part of this contract.
PAR. 14
PAR. 15
The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof
for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with
said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address
given herein by the City, or after such notice has been served on it, then the City may proceed to
complete said work, using any material, tools, or machinery found along said line of work, doing the
work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable
to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any
compensation due, or to become due the Contractor, and may be recovered by the City in an action
upon Contractor's bond.
In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations,
and conditions hereof, or contained in the various instruments made a part of this contract by reference,
and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the
manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed
and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the
City.
FORM OF CONTRACT Page 2 of 3
PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's
unit bid prices, and for which 100% surety bond is required is $171,241.25.
PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets,
and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove
the debris or put the street back in a proper condition for travel.
PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various
instruments incorporated by reference, this contract shall govern.
PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall
execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same
to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which
bond is in addition to the bond given by the Contractor to guarantee the completion of the work.
PAR. 20
PAR. 21
The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from
and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall
be made without expense to the City or the abutting property. In the event of the failure or default of the
Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the
date of its acceptance by said Council, and after having been given ten (10) days notice so to do by
registered letter deposited in the United States Post Office in said town, addressed to said contractor at
the address herein given, then the City may proceed to remedy such defects. The costs and expenses
thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action
brought in any court of competent jurisdiction.
The Contractor shall give notice to said City by registered letter directed to the Mayor or City
Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of
the term during which the Contractor is required to maintain said improvements, in good repair by the
terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of
the said improvements shall continue until three (3) months after such notice has been given to the City,
and, in any event, until two (2) years after the acceptance of the work.
CITY OF WATERLOO, IOWA
62tteid i »
SIGNED
Mayor
R etTey Fe[cfi[e
SIGNED
City Clerk
BROCK EVEN CONSTRUCTION, LLC
Contractor
BY:
Title: .tc,-
Approved by the City Council of the City of Waterloo, Iowa, this 1 sth
ATTEST: Rely FeCchfe
day of Septemb 20 23
, City Clerk
Waterloo, Iowa
FORM OF CONTRACT
Page 3 of 3
KNOW ALL MEN BY THESE PRESENTS:
That we, Brock Even Construction LLC
Dept. 2006, Des Moines, IA 50391-2006
PERFORMANCE BOND
BD 7901157061
of 13012 Fox Road, Jesup, IA 50648
(the "Principal"), and Nationwide Mutual Insurance Company
(the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the
"Obligee"), in the penal sum of One Hundred Seventy -One Thousand Two Hundred Forty -One and 25l100 Dollars
($ 171,241.25 ), lawful money of the United States, for the payment of said sutra in connection with a
contract (the "Contract") dated on or about 9/18/2023
Program - Zone 3, Contract No. 1082
Contract is incorporated herein by reference as though fully set forth herein.
of 1100 Locust St.
for the purpose of FY 2024 Sidewalk Repair Assessment
.The
Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having
performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy
the default, or shall promptly undertake to:
1 . Complete the Contract in accordance with its terms and conditions; or
2 . Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon
determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects,
upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated
proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work
progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of
completion includes responsibilities of the Principal for correction of defective work and completion of the
Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and
liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term
"balance of the Contract price" means the total amount payable by the Obligee to the Principal under the
Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or
3 . Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as
practicable.
In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and
against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses.
Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all
of the following matters, without notice:
1, To any extension of time to the Contract in which to perform the Contract.
2. To any change in the plans, specifications, or Contract when such change does not involve an increase of
more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess
increase.
3. i'hut provision c+t'this bond or of any other oontrect shall be valid which limits to less than one (1)
year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or
material not discovered or known to the Obligee at the time such work was accepted.
If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect.
In no event shall the Surety's total obligation exceed the penal amount of this bond.
Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender.
ATTEST:
Brock Even Construction, LLC
(Principal)
(Principal) Secretary
(SEAL)
Wi as to Principal
By: (s)
13012 Fox Road
(Address)
Jesup, IA 50648
Yi I s\) . bOe-5`I
(Address)
motees!'cIQN'ca. , 5ocM4
AlIEST:
Witness as to Suret
(100I.ulu6+5fi' D(Addressept 77o0La
LxsUotes4jjso3q
SPENCER SPERFSLAGE
Notarial Seal - Iowa
Commission Number 826617
My Commission Exp. September 21, 2026
Nationwide Mutual Insurance Company
By:
Surety
Attorney -in -Fact Cara : uljubasic
1100 Locust St., Dept. 2006
(Address)
Des Moines, IA 50391-2006
1401 : not., o£t3OND mint not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the State where the project is located.
PAYMENT BOND Page 1 of 1
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
Anita R. Calderon, Dana R. Clark, Mike Kuper, Matthew Gilmer, Joshua Severson, Andrew Roby, Robert N. Johnston, Elizabeth Moore, Ashlee Heldt, Ben Lewis, Jeff Cose,
Aaron J. Jamison, Kim Welts, Cannon R. Wilson, Spencer Paris, Larry D. Slegh, Richard E. Hannan IV, Logan Dorpinghaus, Corey Days, Jill DeRobcrtis, Dominic Amoroso,
Kyle Ramrod, Twanisha Siejkowski, Heidi Cornelison, Michael Mailer, Stephen G. Sanker, Brian Pflum, Guy Tenold, Cassie McKittrick, Ashley Leavell, Cara Buljubasic,
Trevor Sharp, Joshua Coleman, Amy Palmer, Jennifer Anderson, Randi Allen, Andrew Jennings, Andrew P. Andersen, Jesse Huston, Kwanah Kim, Maxine Coffin
each in their individual capacity, its true and lawful attorney -in -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, In penalties not exceeding the sum of
FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnify, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, Treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 201h day of August, 2021.
els* be
r • SEAL, :'
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 201h day of August, 2021, before me came the above -named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
Notary Public. State or New York
No. 02MC6270117
Qualified in New York County
Commission Expires October 19, 2024
wGw.cr MdSkt,
Notary 1.ly Commb' konExplres
October 1e, 2024
CERTIFICATE
I, Laura B. Guy, Assistant Secretary of the Company, do hereby certify thaf:the foregoing is a full, t ue and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the date of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and sites!.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this
2023
Assistant Secretary
day of
BDJ 1(08-21)00
Nationwide®
Nationwide Mutual Insurance Company
1100 Locust St, Dept. 2006
Des Moines, Iowa 50391-2006
Attn: Surety Claims Manager
Tel. 866-387-0457
Surety Claim Notification
Claim notices should be sent to the attention of the Surety Claims Manager via e-mail to
bondcims(a),nationwide.com or via mail to the address above.
All other notices should be sent to the attention of the Surety Underwriting Department via e-email
to bondconmr(iunatiomvide.com or via mail to the address above.
Thank you for your cooperation.
Nationwide Mutual Insurance Company, Surety Department
BD 7901157061
PAYbtENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Brock Even Construction LLC
(Name of Contractor)
13012 Fox Road, Jesup, IA 50648
(Address of Contractor)
a Limited Liability Company
(Corporation, Partnership or individual)
Nationwide Mutual Insurance Company
(Name of Surety)
1100 Locust St., Dept, 2006, Des Moines, IA 50391-2006
, hereinafter called Principal, and,
(Address of Surety)
hereinafter called Surety, are held and firmly bound unto City of Waterloo
(Name of Owner)
715 Mulberry St., Waterloo, IA 50703
(Address of Owner)
hereinafter called OWNER, in the penal sum of One Hundred Seventy -One Thousand Two Hundred
Forty -Otte and 25/100 Dollars,(S 171,241.25 ) in lawful money of the United
States, for the payment of which sure well and truly to be made, we bind ourselves, successors, and assigns, jointly and
severally, firmly by these presents. THE CONDITION OF THIS OBLIGATIONs such that whereas, the Prin ipal entered
into a certain contract with the OWNER, dated the day of ep ere 20 , a copy of
which is hereto attached and made a part hereof for the construction of:
FY 2024 Sidewalk Repair Assessment Program - Zone 3, Contract N.o....1D62
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and
corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and
any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and
coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and
all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROYtDED, ruR-rrrt;R, eh t the .eiet Surety for value received hereby stipulates and agrees that no change, extension of
time. alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS
accompanying the saute shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.
PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of
any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS HEREOF, this instrument is executed in counterparts, each one of which, shall
be deemed am original, this the 18
as of Septeml�@l l') 20 23
Y
N WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of
PRINCIPAL
Brock Even Construction, LLC
Name ju . e r! L
SURETY
Nationwide Mutual Insurance Company
Name Cara Buljubasic
Se" By: NAL 1 Le
Title: wks-.,,---
Title: Attorney -In -Fact
[attach Power of Attorney]
NOTE: Date of BOND must not be prior to date of Contract.
If CONTRACTOR is Partnership, all partners should execute BOND.
If this project includes Federal Funds, the following applies to the payment bond:
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular
570 as amended) and be authorized to transact business in the State where the project is located.
PEFORMANCE BOND Page 1 of I
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT
Nationwide Mutual Insurance Company, an Ohio corporation
hereinafter referred to severally as the "Company" and collectively as "the Companies" does hereby make, constitute and appoint:
Anita R. Calderon, Dana R. Clark, Mike Kuper, Matthew Gilmer, Joshua Severson, Andrew Roby, Robert N. Johnston, Elizabeth Moore, Ashlee Heldt, Ben Lewis, Jeff Cose,
Aaron J. Jamison, Kim Wells, Cannon R. Wilson, Spencer Paris, Larry D. Slegh, Richard E. Harman IV, Logan Dorpinghaus, Corey Days, Jill DeRobertis, Dominic Amoroso,
Kyle Huntrod, Tvanisha Siejkowski, Heidi Cornelison, Michael Mailer, Stephen G. Sanker, Brian PBunt, Guy Tenold, Cassie McKittrick, Ashley Leavell, Cara Buljubasic,
Trevor Sharp, Joshua Coleman, Amy Palmer, Jennifer Anderson, Randi Allen, Andrew Jennings, Andrew P. Andersen, Jesse Huston, Kwanah Kim, Maxine Coffin
each in their individual capacity, its true and lawful attorney -In -fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and
undertakings, and other obligatory instruments of similar nature, in penalties not exceeding the sum of
FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00)
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and au acts
of said Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company,
and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings,
recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or
authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any
of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authority to execute and deliver any and all such documents and to bind the
Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that
said seal shall not be necessary for the validity of any such documents."
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all
approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of
the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or
stamped on any approved document, contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 20th day of August, 2021.
Antonio C. Albanese, Vice President of Nationwide Mutual Insurance Company
ACKNOWLEDGMENT
STATE OF NEW YORK COUNTY OF NEW YORK: ss
On this 20th day of August, 2021, before me came the above -named officer for the Company
aforesaid, to me personally known to be the officer described in and who executed the preceding
instrument, and he acknowledged the execution of the same, and being by me duly
sworn, deposes and says, that he is the officer of the Company aforesaid, that the seal affixed
hereto is the corporate seal of said Company, and the said corporate seal and his signature were
duly affixed and subscribed to said instrument by the authority and direction of said Company.
Stephanie Rubino McArthur
Notary Public, Slate of New York
No. 02MC6270117
Qualified In New York County
Commission Expires October 19 2024
Aewacktit4at ma_
Notary Publz
CommIsslon Expires
CERTIFICATE
1, Laura B. Guy, Assistant Secretary of the Company, do hereby certify that the foregoing is a full, t ue and correct copy of the original power of attorney issued
by the Company; that the resolution included therein is a true and correct transciipt from. the minutes of the meetings of the boards of directors and the same has
not been revoked or amended in any manner; that said Antonio C. Albanese was on the cafe of the execution of the foregoing power of attorney the duly elected
officer of the Company, and the corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board
of directors; and the foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of said Company this
2023
Assistant Secretary
day of
BDJ 1(08-21)00
Nationwide'
Nationwide Mutual Insurance Company
1100 Locust St, Dept. 2006
Des Moines, Iowa 50391-2006
Attn: Surety Claims Manager
Tel. 866-387-0457
Surety Claim Notification
Claim notices should be sent to the attention of the Surety Claims Manager via e-mail to
bondclms(ahrationwide.com or via mail to the address above.
All other notices should be sent to the attention of the Surety Underwriting Department via e-email
to bondcomm(«nationwide.com or via mail to the address above.
Thank you for your cooperation.
Nationwide Mutual Insurance Company, Surety Department