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HomeMy WebLinkAboutContract 58500-R1CITY OF FORT WORTH RENEW AL OF AGREEMENT CSC No. 58500-Rl WHEREAS, this First Renewal of Agreement is between the City of F01t Wo1th, ("CITY"), and William J. Schultz, Inc. dba Circle C Construction Co. ("CONTRACTOR"); and WHEREAS, CITY and CONTRACTOR entered into thatce1tain Original Agreement (City Secretaty #58500; M&C 22-0733) for Sewer Main Replacement Contract 2022; and WHEREAS, M&C 22-0733 authorized up to three renewals of the Original Agreement; and WHEREAS, the patties desire to renew the O1iginal Agreement; and WHEREAS, funding for this renewal is available as appropriated by M&C 23-0882. NOW, THEREFORE, it is agreed by the CITY and CONTRACTOR as follows: Article I TI1e O1iginal Agreement is hereby renewed for another tenn as described therein. Article II The CONTRACTOR' s compensation for this Renewal shall remain $1,000,000.00, as specified in the Otiginal Agreement. Article III All other provisions of the Original Agreement shall remain in full force and effect. First Renewal of Agreement Circle C Constr. Co. City Project No. 103750 Sewer Main Replacement Contract 2022 City Secretmy No. 58500 Page I of2 EXECUTED and EFFECTIVE as of the date subscribed by the City's designated Assistant City Manager. APPROVED: City of Fo1t Worth Dana Burghdoff(No\,,ion �ST) Dana Burghdoff Assistant City Manager DA TE: Nov 17, 2023 APPROVAL RECOMMENDED: Cbrisfoohe r Harder Christopher Hard&(Nov 17, 202312:47 CST) Chlis Harder, P.E. Director, Water Depa1tment William J. Schultz, Inc. dba Circle C Constrnction Co. � /�aJ4� Teri Skelly President DATE: II-I-2De,"J APPROVED AS TO FORM AND LEGALITY: M&C: 22-0733(auth.); 23-0882(Funding) Date: 10/17/2023 DBlack (Nov 17, 2023 14:59 CST) Douglas W. Black Senior Assistant City Attorney Jannette S. Goodall City Secretaiy Contract Compliance Manager: Form 1295: 2023-1060132 By signing, I acknowledge that I am the person responsible for the monito1ing and administration of this contract, including ensuring all pe1formance and rep01ting requir ments. L .. Senior Professional Engineer First Renewal of Agreement Circle C Constr. Co. City Project No. I 03750 Sewer Main Replacement Contract 2022 City Secretary No. 58500 Page 2 of2 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September 27, 2022 REFERENCE NO.: **M&C 22-0733 LOG NAME: 60SSRCON2022-CIRCLEC SUBJECT: (ALL) Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction Company, in the Amount of $1,000,000.00 for Sanitary Sewer Main Replacement Contract 2022, with Three Optional Renewals, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2022-2026 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: Authorize the execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $1,000,000.00, for Sanitary Sewer Main Replacement Contract 2022, with three optional renewals; and Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,300,000.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the Sanitary Sewer Main Replacements Contract 2022 project (City Project No. 103750) to effect a portion of Water's contribution to the Fiscal Years 2022-2026 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $1,000,000.00, for Sanitary Sewer Main Replacement Contract 2022, with three optional renewals. The work to be performed under this contract consists of repairing, replacing or relocating sewer mains and services as required to provide quality sanitary sewer service to individual customers or developers. While funding for this project comes from the Water and Sewer Capital Fund, the Water Department issues work orders to the contractor after payment of applicable estimated costs by the customer and/or developer. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and that the amount budgeted for the projects is $1,000,000.00. Final payments will be made based on actual measured quantities. The bid documents also included a stipulation giving the City the option to renew (subject to appropriated funding) this contract three times under the same terms, conditions and unit prices. The project was advertised for bid on June 2, 2022 and June 9, 2022 in the Fort Worth Star-Telegram and on June 30, 2022 the following bids were received. Bidder Amount Time of Completion William J Schultz, Inc. dba Circle C 365 Calendar Construction Company $6,022,807.82 Days Staff has reviewed the proposed unit prices and considers them to be fair and reasonable. In addition to the contract amount, $300,000.00 is required for project management, material testing and inspection. It is the practice of the Water Department to appropriate its CIP plan throughout the fiscal year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2022-2026 Capital Improvement Program, as follows: Budget Capital Revised Project FY2022 CIP Change Fund Name Appropriations Authority �Increase/ FY2022 Name Decrease) Budget W&S2 _ 103750 - -- -- Capital Sewer Main $0.00 This M&C $1,300,000.00 $1,300,000.00 Projects Replacement Fund 2�22 Funding is budgeted in the Transfer to Water/Sewer account of the Wastewater Capital Project Department's Water & Sewer Fund for the purpose of funding the Sewer Main Replacement 2022 project within the Water & Sewer Capital Projects Fund. Appropriations for Sewer Main Replacements Contract 2022 as depicted below: Existing Additional Fund qppropriations Appropriations Project Total* W&S Capital Project Fund $0.00 $1,300,000.00 $1,300,000.00 56002 ProjectTotal $0.00 $1,300,000.00 $1,300,000.00 *Numbers rounded for presentation purposes. This project will have no impact on the Water Department's operating budget when completed. Construction is expected to start September 2022 and be completed by September 2023 or when the contract amount is exhausted, whichever occurs later. Business Equity: William J. Schultz, Inc. dba Circle C Construction Company is in compliance with the City's Business Equity Ordinance by committing to eight percent MWBE participation on this project and submitting a Good Faith Effort with supporting documentation. The City's MWBE goal on this project is 14 percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the Water & Sewer Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the Sewer Main Replacement 2022 project to support the approval of the above recommendations and execution of the contract. Prior to any expenditures being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs).: TO (Fund� Department ccount�Project Program ctivity Budget Reference #�moun� ID � ID Year (Chartfield 2) � I _ _, --- - � ---- ----� --��--� ----- - —�- ---� CERTIFICATIONS: Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Dana Burghdoff (8018) Chris Harder (5020) Adolfo Lopez (7829) ATTACHMENTS 1. 60SSRCON2022-CIRCLEC 1295.pdf (CFW Internal) 2. 60SSRCON2022-CIRCLEC Compliance Memo.pdf (cFw Internal) 3. 60SSRCON2022-CIRCLEC FID TABLE 08.25.22 V2.xlsx (CFW Internal) 4. 60SSRCON2022-CIRCLEC funds availability,pdf (cFw Internal) 5. 60SSRCON2022-CIRCLEC SAM.pdf (CFW Internal) 6.ORD.APP60SSRCON2022-CIRCLEC 56002 A022(r2)_(1).docx (Public) 7. PBS CPN 103750.pdf (CFW Internal) � � � �- � w v w .� U P.' U �i �i 0 �i z 0 u x � � 0 � 0061 13- I PERFORMANCE BOND Page I of 2 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 BOND NO. TXC616796 SECTION 00 61 13 PERFORMANCE BOND TH� STATE OF TEXAS COUNTY OF TARRANT § § KNOW ALL BY THESE PRESENTS: § That we, William J. Schultz Inc. dba Circle C Construction Companv, known as '`Principal" herein and Merchants Bonding Compan�(Mutual�, a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and iit•mly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One Million Dollars ($1,000,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the day of���'� �����`�� , 2023, which Contract is hereby referred to and made a 20 part hereof for all purposes as if fully set forth herein, to fui•nish all materials, equipment labor 21 22 23 24 and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as First Renewal, Sewer Main Renlacement Contract 2022; Citv Proiect No. 103750 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change O►•det•s, under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 29 extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH S�'ANUARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 1°' RENEWAL, SEWER MA[N REPLACEMENTS CONTRACT 2022 City Project No 103750 0061 13-2 PERPORMANCG DOND Page 2 of 2 I PROVID�D FURTHCR, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in cotnpliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITN�SS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instr�unent by duly authorized agents and officers on this the day of , 2023. ) 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATTEST: `► t � (Principal) Secretary Michele Lankfoi�d �Vitness as to Principal Witness as to Surety John A. Mil PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Com an BY: / Signature Teresa S. Skelly, President Name and Title Address: 500 W. Trammell P. O. Box 40328 Foirt Worth, TX 76140 SURETY: Merchants din Com an Mutual BY: ' Signature Sheryl A. Klutts Attorney-in-Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 Telephone Number: (800)678-8171 43 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 44 from the by-laws showing that this person has authority to sign such obligation. If 45 Surety's physical address is different from its mailing address, both must be provided. 46 The date of the bond shall not be prior to the date the Contract is awarded. CI"rY OF PORT WORTH 1" RENEWAL, SEWGR MAIN REPLACGMENTS STANDAIZD CONSTRUCTION SPECIPICATION DOCUMCNTS CON'I�R�Ci 2022 Revised July I, 201 I City Project No. 103750 00 61 14 - I PAYMENT [30ND Page I of 2 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 TH� STATE OF TEXAS COUNTY OF TARRANT BOND NO. TXC616796 SECTION 00 61 14 PAYMENT BOND § § KNOW ALL BY THES� PRES�NTS: § That we, William J Schultz Inc. dba Circle C Construction Company, known as "Principal" herein, and Merchants Bonding Companv (Mutual), a corporate surety (su�•eties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as `'Ciry" herein, in the penal sum of One Million Dollars ($1,000,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WH�R�AS, Principal has entered into a certain written Contract with City, awarded the !.�i�n i� il `I� I�::i�� al day of , 2023, which Contract is hereby referred to and made a part hereof for all pw•poses as if fully set forth herein, to furnish all materials, equipment, labor and othec accesso�•ies as defined by law, in the prosecution of the Work as provided for in said Contract and designated as First Renewal, Sewer Main Replacement Contract 2022; Citv Proiect No. 103750 NOW, TH�R�FORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Cllapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabiliti.es on this bond shall be determined in 3 I accordance with the provisions of said statute. CITY OF FORT WORTH I" RENEWAL, SEWER MAIN REPLACEMENT S'I'ANDARD CONS'i'RUC'i'ION SPECIFICATION DOCUMENTS CONTRAC� 2022 Revised July I, 201 I City Project No. 103750 0061 14-2 PAYMEN'i BOND Page 2 of 2 2 3 IN WITNESS WHER�OF, the Principal and Sw•ety have each SIGNED and SEALED this inst►•ument by duly authorized agents and officers on this the day of , 2023. ATTEST: Teresa S. Skelly, President (Principal) Secretary Miche S. Lankford Name and Title Address: 500 W. Trammell P. O. Box 40328 Fort Worth, TX 76140 Witness as to Principal (Surety) Secretar Witness as to Surety John A. ' er Merchants B n i Com an (Mutual ATTEST: BY: Si natw•e �4 5 6 7 8 9 10 � PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Com a�ny B Y: f a c..r�r S i gnature SURETY: Sheryl A. IClutts, Attorney-in-Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 Telephone Number: (800)678-8171 Note: If signed by an officer of the Surety, there must be on file a certified eYtract fl•om the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. �ND OF SECTION CI'I Y OF I�OR"1� WORTH S'1'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Reviscd July I, 201 I I" RENEWAL, SGWER MAIN RGPLACEMGN'f CON'1'RAC� 2022 City Project No. 103750 0061 19- I MAINTGNANCG E30ND Page I of 3 2 3 4 5 G 7 8 c� 10 II 12 13 14 IS I6 17 18 TH� STAT� OI+ T�XAS COUNTY OF TARRANT BOND NO. TXC616796 S�CTION 00 61 19 MAINTENANCE BOND § § KNOW ALL BY THESE PR�S�NTS: § That we William J. Schultz, Inc. dba Circle C Construction CompanX, known as '`Principal" herein and Merchants Bondin� Company (Mutual�, a coT•porate surety (su�•eties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of One Million Dollars ($1,000,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, ou►• heirs, executors, administrators, successors and assigns, jointly and sevei�ally, firmly by these presents. 19 WH�R�AS, the Principal has ente�•ed into a certain written contract with the City awarded 20 the day of_ ��M;,�I 5l `r' f'`%��h� , 2023, which Contract is hereby referred to and a made 2I part hereof for all pw•poses as if fully set forth herein, to furnish all materials, equipment labor 22 and other accessories as defined by law, in the prosecution of the Work, including any Wo►•k 23 resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for 24 in saici contract and designated as First Renewal, Sewer Main Renlacement Contract 2022; 25 City Project No. 103750; and 26 27 WH�R�AS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain fi•ee fi•om defects in materials or woi•kmanship for and during the period of two (2) years 30 aftcr the clate ol� Final �cceptance of the Work by the City (`'Niaintenance Period"); and 31 GTY OF PORT WORTH I" RENEWAL, SEWGR MAW REPLACEMEN'I S'1'ANDARD CONS"IItUCT10N SPECIFICATION DOCUMGNTS CONTRACT 2022 Revised July I, 201 I City Prqject No. 103750 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 0061 19-2 MAINTGNANCE BOND Page 2 of 3 WHEI2�AS, Principal binds itself to repair or reconstruct the Work in whole oi• in part upon receiving notice fl�om the City of the need the�•efor at any time within the Maintenance Period. NOW TH�REFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVID�D FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Te;cas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVID�D FURTHER, that this obligation shall be continuous in natu►•e and successive recoveries may be had hereon for successive breaches. CITY OP f OR'I� WOR'1'H STANUARD CONS"I�RUC'1'ION SPECIFICATION DOCUMENTS Revised July I, 201 I I" RENEWAL, SEWER MAIN REPLACEMENT CONTRACT 2022 City Project No. 103750 0061 19-3 MAINTGNANCE QOND Page 3 of 3 [N WITN�SS WH�R�OF, the Principal and the Sw�ety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 2023. PRINCIPAL: William J. Schultz, Inc. dba 9 10 II 12 13 14 IS I6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 ATTEST: n�t� t (Principal) Secretary Michele S. nkfor Witness as to Principal ATTEST: � (Surety Secretary � �Vitness as to Surety John A. Mille BY: .� r�o� �� Signature Teresa S. Skelly, President Name and Title Address: 500 W. Trammell P. O. Box 40328 Fnirt��rth, TX %F I 4(1 SURETY: Merchants B n i Com an Mutual BY: Signature Sheryl A. I{lutts, Attorney-in-Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 5026fi-7754 Telephone Number: (800)678-8171 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH STANDARD CONS'fRUCTION SPECIFICATION DOCUMENTS Rcvised .luly I, 201 I I'' RCNEWAL, SEWER MAIN R6PLAC6MENT CONTRACT 2022 Ciry Project No. 103750 �tE�c��Ts 130N Di NG COM PANYr<< POWER OF ATTORNEY Know All Persons By These Presenis, lhal MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporalions of Ihe Siate of lowa, dlb/a Merchants Nalional Indemnily Company (in California only) (herein collectively called the "Companies") do hereby make, conslitute and appoint, individually, John A Miller; Sheryl A Klutts iheir true and lawful Atlorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, widertakings, contracts and other wr,l�en insVwiienls in �he nature thereof, on behalf of the Companies in their business of guaranteeing lhe fidelity of persons. guaranleeing the peiionnance of conlracls and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedinys allowed by lavd. This Powe�-of-Attorney is yranted and is signed and sealed by facsimile under and by authorily of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended Augusl 14, 2015 and adopted by the Board of Directors of MerchartsNationai Bonding. Inc.. on October 1G 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority lo appoint Attorneys-in Fact, and to authorize them to execute on behalf of the Company, and atlach the seal of the Company thereto, bonds a�d undertakinys, recognizances, conlracls of indemnity and other writings obligatory in the nature thereof." "The sig�iatwe of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certifica�ion thereo( authorizing lhe execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of lhe Company, and such signafure and seal when so used shall have the same force and effect as though manually fixed." In connection with obliyalions in favor o( the Florida Department of Transportation only, il is agreed that the power and aut hority hereby given to the Altorney-in-Fact includes any and all consents for lhe release o( retained percentages and/or final estimates on engineering and construction contracls required by lhe Slate of Florida Department of Transportalion. It is fully underslood lhat consenting to the State ofFlorida Department of Transpoiiation makiny payment of the final estimate lo the Contractor and/or its assignee, shall not relieve this surery company of any of its obliya�ions under its bond. In conneclion with obligalions in (avor o( the Kentucky DeparUnent of Hiyhways only, it is ayreed that the power and authority hereby given to lhe Alto�ney-in-Fact cannot be modi(ied or revoked unless prior written personal nolice of such intent has been given to the Commissioner- Department of Highways of lhe Commonwealth of Kentucky at least thirfy (30) days prior lo the modifcation or revocation. hi Witness Wliereof, the Companies have caused this instrument to be signed and sealed lhis 20th day of March , 2023 •�''��ONq'�. ; �� o�P O,q'q •�p : :/.;'V !'�'. ,2; :Q:�' -o- v�:d: ', v'• 2003 ��; . d�•. . ����� , W �..... , ' � \t�� CO ' : wo?:o��aq�'°y'•� ; � C' '9�' :y,.c � : ~: _ -o- �` � . �: 3 � y•, 1933 : c: J .•�C;' 'e,y��.. �: ...`�a,. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. dlbla MERCHANTS NATIONAL INDEMNITY COMPANY sy STATE OF IOWA '•,,� � �� . � � � f. President .• . + COUNTY OF DALLAS ss. �"""��� � � � On this 201h day of March 2023 , before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and lhat the seals af�ixed to the foregoing insirument are ihe Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf o( the Coinpanies by aulhori�y of lheir respeclive Boards of Direclors. __ _. ._ _ __ _ _ ---- -- -- -- -- Kim Lee ' ` Cummi -.,n �Jun�h r � 1;��7'? " �..Q ` ',+,� � in i3;3i.,n E �r_c � � �sru I+�. 2i,,��� ���f y17 ����5_�_: � Notary Public (Expiration of notary's commission does not invalidale lhis instruinent) I, William Wa�ner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify lhat the above and foreyoin� is a lrue and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in (ull (orce and ef(ecl and has nol been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of . .���,.,,,� �'.--•.. : �P� 1 P'p q'� � '' .' q��`�G 0 �M'<'9 '. e ti� � c,�F� Rq�� �'; ' � . •v0 P 9q,;; .y� � `%t� � . �%!' ;Z:'Z _o_ �.Q: ;ti��' _o_ c'�`•, • ��ii'� ' v�'• 2003 `s�j, • y�. 1933 ��'c' Secretary . : .. : � ; : d' �'•. . • J' ..� ,;���, d%;�y..�;:''�\"��•'� ��'�,,,� ,`''�' '••:: .. POA 0018 (10/22) """� � � � MERCHANT'S � BON D1NG COMPANYr,., MI�.R(�IIiW-I-� RC�NnINGC(�MI'�NY(MUTUAIi • MPRCHANTti Nr\II(�NALRONI�ING. INC. I'.C�. R��X 1=1�I�)S • DES ��IOINLS. IOW� 50306-3�{9b � 18001678-�171 •(5151 2�F3-385�4 P�X Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. E3ox 14498 Des Moines, Io�va 50306-3498 (515) 243-8171 (�00) 67�-8171 Physical Address: 6700 Westown Parl<way, West Des Moines, Iowa 50266 SUP 0073 TX (2/15)