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R-1806 - 05/28/2019 - SPORTS CORE - Resolutions Exhibits t I t \ll /�J-•'LSA/�/ � i I 3 I 7 J REVIEW OF CONTRACTS Awardin A ncy: pe of Contract: fes. D C. m0` P ram/Account Number; A idAd Contract Price: qt-10 Budgeted Amount: [] Under$20,000 [] $800,001 - $1,Dp0,000 $20,000-$5D0,00D [� Over$1,000,000 Name: Date: t� Name: Dater �mlit, ! S/ �2Cj Name: Date Name: Dates ,gyp / ;?C Three (3) Originals signed by other party Date/Initials(/Up Original provided to staff member for other party Date/Initials Original provided to Official Files Date/initials Village of Oak Brook I Approved by Board of Trustees. Date/Initials: VILLAGE OF OAK BROOK CONTRACT FOR THE OAK BROOK BATH&TENNIS POOL RENOVATION PROJECT Full Name of Contractor:Mid-America Pool Renovation, Inc. ("Contractor") Principal Office Address: 5929 E. 154th Terrace,Grandview,MO 64030 Contact Person:David E. Kateusz,Managing Director Telephone Number: 773-278-7349 TO: Village of Oak Brook("Village") 1200 Oak Brook Road Oak Brook, Illinois Attention: Doug Patchin,Public Works Director Contractor warrants and represents that Contractor has carefully examined the Work Site described below and has reviewed and understood all documents included, referred to,or mentioned in this bound set of documents. 1. Work A. Contract and Work. Contractor acknowledges, and agrees, that Contractor shall, at its sole cost and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and 5. Miscellaneous. Do all other things required conditions set forth,in this Contract, all of the following, of Contractor by this Contract;and all of which is herein referred to as the"Work": 6. Quality. Provide, perform, and complete all 1. Labor Equipment Materials, and Supplies. of the foregoing in a proper and workmanlike Provide, perform, and complete, in the manner, consistent with the standards of manner specified and described in this recognized professional firms in performing Contract, all necessary work, labor, services, Work of a similar nature, in full compliance transportation, equipment, materials, with, and as required by or pursuant, to this supplies, information, data, and other means Contract, and with the greatest economy, and items necessary for the Oak Brook Bath efficiency, and expedition consistent & Tennis Pool Renovation Project, as therewith, with only new, undamaged, and specified in Exhibit A attached hereto,at the first quality equipment, materials, and Oak Brook Bath & Tennis Club, 800 Oak supplies. Brook Road, Oak Brook, Illinois 60523 ("Work Site"); B. Performance Standards. Contractor acknowledges and agrees that all Work shall be fully 2. Permits. The Village will furnish all provided, performed, and completed in accordance with permits, licenses, and other governmental the Proposal dated April 18, 2019, attached hereto as approvals and authorizations necessary in Exhibit A. connection therewith; C. Responsibility for Damage or Loss. Contractor 3. Bonds and Insurance. Procure and furnish proposes, and agrees, that Contractor shall be all bonds and all insurance certificates and responsible and liable for, and shall promptly and policies of insurance specified in this without charge to Village repair or replace, any damage Contract; done to, and any loss or injury suffered by, the Village, the Work, the Work Site, or other property or persons as 4. Taxes. Pay all applicable federal, state, and a result of the Work. local taxes; 00 �1 JO D. Insnection/Testing_/Reiection. Village shall have completion of the work and final approval by the the right to inspect all or any part of the Work and to Village. reject all or any part of the Work that is, in Village's judgment, defective or damaged or that in any way fails All payments may be subject to deduction or to conform strictly to the requirements of this Contract setoff by reason of any failure of Contractor to and the Village, without limiting its other rights or perform under this Contract. Each payment remedies, may require correction or replacement at shall include Contractor's certification of the Contractor's cost, perform or have performed all Work value of, and partial or final waivers of lien necessary to complete or correct all or any part of the covering, all Work for which payment is then Work that is defective, damaged, or nonconforming and requested and Contractor's certification that all charge Contractor with any excess cost incurred thereby, prior payments have been properly applied to or cancel all or any part of any order or this Contract. the payment or reimbursement of the costs with Work so rejected may be returned or held at Contractor's respect to which they were paid. expense and risk. 3. Contract Time 2. Contract Price Contractor acknowledges and agrees that Contractor Contractor acknowledges and agrees that Contractor shall commence the Work within 15 days (weather shall take in full payment for all Work and other matters permitting) following the end of the 2019 Pool Season, set forth under Section 1 above, including overhead and and the Village's acceptance of this Contract provided profit; taxes, contributions, and premiums; and Contractor shall have furnished to the Village all bonds compensation to all subcontractors and suppliers, the and all insurance certificates specified in this Contract compensation set forth below. ("Commencement Date"). Contractor further acknowledges and agrees that Contractor shall perform A. SCHEDULE OF PRICES the Work diligently and continuously and shall complete the Work not later than May 1, 2020 ("Time of For providing, performing, and completing all Performance"). The Village may modify the Time of Work, the total Contract Price of$1,048,975.00 Performance at any time upon 15 days prior written notice to the Contractor. Delays caused by the Village TOTAL CONTRACT PRICE(in writing): shall extend the Time of Performance; provided, however, that Contractor shall be responsible for One Million, Forty Eight Thousand, Nine completion of all Work within the Time of Performance, Hundred and Seventy-Five Dollars Only notwithstanding any strike or other work stoppage by employees of either Contractor or of the Village. B. BASIS FOR DETERMINING PRICES 4. Financial Assurance It is expressly understood and agreed that: A. Bonds. Contractor acknowledges and agrees 1. All prices stated in the Schedule of Prices that Contractor shall provide a Performance Bond and a are firm and shall not be subject to Labor and Material Payment Bond, on forms provided escalation or change; by, or otherwise acceptable to, the Village, from a surety company acceptable to the Village,each in the penal sum 2. The Village is not subject to state or local of the Contract Price, within 10 days following the sales, use, and excise taxes, that no such Village's acceptance of this Contract. taxes are included in the Schedule of Prices, and that all claim or right to claim any B. Insurance. Contractor acknowledges and agrees additional compensation by reason of the that Contractor shall provide certificates of insurance payment of any such tax is hereby waived evidencing the minimum insurance coverages and limits and released; set forth in Exhibit B within 10 days following the Village's acceptance of this Contract. Such policies shall 3. All other applicable federal, state, and local be in form, and from companies, acceptable to the taxes of every kind and nature applicable to Village. The insurance coverages and limits set forth the Work are included in the Schedule of Exhibit B shall be deemed to be minimum coverages and Prices. limits and shall not be construed in any way as a limitation on Contractor's duty to carry adequate C. TIME OF PAYMENT insurance or on Contractor's liability for losses or damages under this Contract. The minimum insurance Progress payments will be made based on the coverages and limits that shall be maintained at all outline of costs listed in the attached proposal. times while providing, performing, or completing the It is expressly understood and agreed that any Work are as set forth in Exhibit B. final payments shall only be made upon 2 delinquency in the payment of any tax administered by B. Indemnification. Contractor acknowledges and the Illinois Department of Revenue unless Contractor is agrees that Contractor shall indemnify and save contesting, in accordance with the procedures harmless the Village its officers, officials, employees and established by the appropriate Revenue Act, its liability volunteers, against all damages, liability, claims, losses, for the tax or the amount of tax, as set forth in 65 ILCS and expenses(including attorneys'fee)that may arise,or 5/11-42.1-1; or (ii) a violation of either Section 33E-3 or be alleged to have arisen, out of or in connection with Section 33E-4 of Article 33 of the Criminal Code of 1961, Contractor's performance of, or failure to perform, the 720 ILCS 5/33E-1 et seq. Work or any part thereof, or any failure to meet the representations and warranties set forth in Section 6 of D. Qualified. Contractor has the requisite this Contract. experience, ability,capital, facilities, plant, organization, and staff to enable Contractor to perform the Work D. Penalties. Contractor acknowledges and agrees successfully and promptly and to commence and that Contractor shall be solely liable for any fines or civil complete the Work within the Contract Price and penalties that are imposed by any governmental or Contract Time set forth above. quasi-governmental agency or body that may arise, or be alleged to have arisen, out of or in connection with 7. Acknowledgements Contractor's performance of, or failure to perform, the Work or any part thereof. In submitting this Contract, Contractor acknowledges and agrees that: 5. Firm Proposal A. Reliance. The Village is relying on all All prices and other terms stated in this Contract are warranties, representations, and statements made by firm and shall not be subject to withdrawal, escalation, Contractor in this Contract. or change. B. Acceptance. If this Contract is accepted, 6. Contractor's Representations and Warranties Contractor shall be bound by each and every term, condition,or provision contained in this Contract. In order to induce the Village to accept this Contract, Contractor hereby represents and warrants as follows: C. Remedies. Each of the rights and remedies reserved to the Village in this Contract shall be A. The Work. The Work, and all of its components, cumulative and additional to any other or further shall strictly conform to the requirements of this remedies provided in law or equity or in this Contract. Contract, including, without limitation, the performance standards set forth in Subsection 1B of this Contract; D. Time. Time is of the essence in the performance and shall be fit, sufficient, and suitable for the purposes of all terms and provisions of this Contract and, except expressed in, or reasonably inferred from, this Contract where stated otherwise references in this Contract to and the warranties expressed herein shall be in addition days shall be construed to refer to calendar days and to any other warranties expressed or implied by law, time. which are hereby reserved unto the Village. E. No Waiver. No examination, inspection, B. Compliance with Laws. The Work, and all of its investigation, test, measurement, review, determination, components, shall be provided,performed,and completed decision, certificate, or approval by the Village, whether in compliance with, and Contractor agrees to be bound before or after the Village's acceptance of this Contract; by, all applicable federal, state, and local laws, orders, nor any information or data supplied by the Village, rules, and regulations, as they may be modified or whether before or after the Village's acceptance of this amended from time to time, including without limitation, Contract; nor any order by the Village for the payment of if applicable, the Prevailing Wage Act, 820 ILCS money; nor any payment for, or use, possession, or 130/0.01 et seq.; any other prevailing wage laws; any acceptance of, the whole or any part of the Work by the statutes requiring preference to laborers of specified Village; nor any extension of time granted by the Village; classes; any statutes prohibiting discrimination because nor any delay by the Village in exercising any right of, or requiring affirmative action based on, race, creed, under this Contract; nor any other act or omission of the color, national origin, age, sex, or other prohibited Village shall constitute or be deemed to be an acceptance classification; and any statutes regarding safety or the of any defective, damaged, or nonconforming Work, nor performance of the Work. Further, Contractor shall operate to waive or otherwise diminish the effect of any have a written sexual harassment policy in compliance representation or warranty made by Contractor; or of with Section 2-105 of the Illinois Human Rights Act any requirement or provision of this Contract; or of any during the course of the work. remedy,power,or right of the Village. C. Not Barred. Contractor is not barred by law from contracting with the Village or with any other unit F. Severability. It is hereby expressed to be the of state or local government as a result of (i) a intent of the parties to this Contract that should any 3 9106�� 10 provision, covenant, agreement, or portion of this to be made and kept by the Act: (i) to the Village, its Contract or its application to any Person or property be officers and agents, and to the Director of the Illinois held invalid by a court of competent jurisdiction, the Department of Labor and his or hers deputies and remaining provisions of this Contract and the validity, agents; and (ii) at all reasonable hours at a location enforceability, and application to any Person or property within this State. shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so K. Conflicts of Interest. Contractor represents and as to achieve, as near as may be, the purpose and intent certifies that, to the best of its knowledge, (1) no elected of this Contract to the greatest extent permitted by or appointed Village official, employee or agent has a applicable law. personal financial interest in the business of the Contractor or in this Agreement, or has personally G. Amendments and Modifications. No amendment received payment or other consideration for this or modification to this Contract shall be effective until it Agreement; (2)as of the date of this Agreement, neither is reduced to writing and approved and executed by the Contractor nor any person employed or associated with corporate authorities of the parties in accordance with all Contractor has any interest that would conflict in any applicable statutory procedures. manner or degree with the performance of the obligations under this Agreement; and (3) neither H. Assignment. Neither this Contract, nor any Contractor nor any person employed by or associated interest herein, shall be assigned or subcontracted, in with Contractor shall at any time during the term of this whole or in part, by Contractor except upon the prior Agreement obtain or acquire any interest that would written consent of the Village. conflict in any manner or degree with the performance of the obligations under this Agreement. I. Governing Law: Venue. This Contract shall be governed by, construed and enforced in accordance with L. Exhibits and Other Agreements. If any conflict exists the internal laws, but not the conflicts of laws rules, of between this Agreement and any exhibit attached hereto the State of Illinois. Venue for any action arising out of or any other Agreement between the parties relating to or due to this Contract shall be in the Circuit Court for this transaction, the terms of this Agreement shall DuPage County,Illinois. prevail. J. Certified Payrolls. Contractor shall, in M. No Disclosure of Confidential Information by the accordance with Section 5 of the Illinois Prevailing Wage Consultant. The Consultant acknowledges that it Act, 820 ILCS 130/5, submit to the Village, on a monthly shall, in performing the Services for the Village under basis, a certified payroll, if applicable. The certified this Agreement, have access, or be directly or payroll shall consist of a complete copy of those records indirectly exposed, to Confidential Information. The required to be made and kept by the Prevailing Wage Consultant shall hold confidential all Confidential Act. The certified payroll shall be accompanied by a statement signed by the Contractor or subcontractor Information and shall not disclose or use such which certifies that: (1) such records are true and Confidential Information without the express prior accurate; (2) the hourly rate paid is not less, if written consent of the Village. The Consultant shall applicable, than the general prevailing rate of hourly use reasonable measures at least as strict as those the wages required by the Prevailing Wage Act; and (3) Consultant uses to protect its own confidential Contractor or subcontractor is aware that filing a information. Such measures shall include, without certified payroll that he or she knows to be false is a limitation, requiring employees and subcontractors of Class B misdemeanor. A general contractor may rely the Consultant to execute a non-disclosure agreement upon the certification of a lower tier subcontractor, before obtaining access to Confidential Information. provided that the general contractor does not knowingly rely upon a subcontractor's false certification. Upon two business days' notice, Contractor and each subcontractor shall make available for inspection the records required 4 IN WITNESS WHEREOF the parties hereto VILLAGE OF OAK BROOK, an Illinois have cause his Agreement to be executed, municipal corporation effective on— ��, 2019. ATTEST: 1 ` YeQ Village Clerk Vil age Manager ATTEST: MID-AMERICA POOL RENOVATION, INC. 4� By. 1000, Its 5 a EXHIBIT A (PROPOSAL DATED APRIL 18, 2019) 1� ►JJ v Mid America 5929 E. 154th Terrace Grandview,MO 64030 POOL RENOVATION Inc. 816.994.3304 Kansas City ! 773.278.7349 Chicago 636.537.0108 St_Louis 18 April 2019 800.253.7349 Other Areas 816.994.3301 FAX pooirenovation corn Mr. Doug Patchin COMPLETE Director of Public Works SWIMMING POOL Village of Oak Brook RENOVATION 1200 Oak Brook Road Oak Brook, IL 60523 • Polymeric Composite Surface Systems Dear Mr. Patchin. Madewell' Mainstay'` Perma-Shield. INTER-GLASS! Below is the cost breakdown along with brief information for Work on the Hydro Ester LV Coatir Village of Oak Brook swimming pools' renovation. The listing below is in • New Pool Interiors the order of the Work Activities would proceed. INTER-GLASS,, Re-Plastering This renovation work includes construction and placement of a Surge Diamond Brite'" Tank, a new recirculation pump, and new Sand filters. River Rok" Beadcrete' The existing DE Vac System would be removed. Krystalkrete`' • Deck Re-Surfacing DE is being classified as a watershed pollutant. I have not seen a DE Texture-Dek system considered in new construction for many years. Kool Deck' • New Tile Updating /renovating the pools as outlined below will have them function 100s of Patterns efficiently for decades. Depth&No Dive ■ New Coping Outline of Costs Brick Cast Stone Performance Band (2%) $ 1g,g27,pp Concrete Bullnose • Water Features Engineered Plans & Drawings to obtain an IDPH Construction Permit • Structural Repair $ 12,600.00 &Consultation Generally the IDPH will allow cutting, demolition, and general preparation work, but no finish or installation Work without a Permit is permitted Qp , AI'SY �.- Mobilization $ 12,660.00 Bea N:H9wN/I.sts.a.f w��►�ls IIIVt'*9 0 0 0 N C 1 I I�t.,f td AT 10 a{ CONCRETE REPAIR Pressure Testing of the Recirculation Lines N/C Pressure Testing is a free service to our contracted customers. However, since a new SIS gutter system and main drains are to be added, a Pressure Test would not be necessary. The SIS gutter system provides both surface skimming (suction) and water returns, while the main drains provide deeper water suction. All piping is scheduled and installed to accommodate the required 6-Hr. Turnover Rate for commercial pools Removal / Protection of all Fixtures (Lights, fittings, etc.) N/C Cutting / Demolition /Excavation $ 305.960.00 - Existing Lap Pool Gutter Removal - Existing Diving Pool Gutter Removal - Existing Lap, Diving and Kiddy pools tile removal - Demolish & remove existing concrete DE Vac Tank - Cutting for new Main Drain Sumps and associated piping - Excavation for new concrete surge tank - Removal of all existing deteriorated caulking - Removal of existing broken /damaged Wall Steps - Demolish /rebuild / repair Kiddie Pool entry Step (as needed) - 40K Water Jetting to remove existing coatings to a sound, clean concrete Supply / Installation Procedures (a) $ 381,275.00 - Form & Pour Surge Tank, supply & install Bilco Access Door - Set New 316 Grade S/S gutters, converter boxes ** - Installation of: • New SCH 80 plumbing lines run to the equipment room • New 20hp pump and strainer • Three new horizontal fiberglass filters (Inc. shipping to site) • New Valves, flow meters, connections & Saddle Base • Grout Mix around the new gutters - Pour Concrete behind the gutters to existing deck level - Pour Decking around Surge Tank - Set new Main Drain Sumps, fill cutting area with Grout gi� 0 �o A Preparation / Installation Procedures (b) (all pools) $ 297,385.00 - Surface Preparation • Filling of bug-holes • Surface patching as needed (epoxy mortar or resin filler) - Installation of the following • New pool filter system, new pump, valves, etc. • Protective Barrier System • New Replacement Wall Steps • All tile (waterline, racing lanes, targets,joint borders) • The INTER-GLASS®Reinforced Polymeric System • Latiscil Silicon Sealant in all joints • VGB Compliant Main Drain Covers Closeout Walk-through with Owner Representative - Completion of any Punch List Items Delivery of • Operation Manuals • Instruction on Operation • Warranties Pools begin re-filling Total Including New Option One Before Performance Bond $ 1,028,407.00 Performance Bond (2%) $ 20,560.00 Total of Proposed Contract New Including Option One $ 1,048,975.00*. * Pricing does include Prevailing Wage Scales. Should you have any questions please give us a call. Sincerely, David E. Kateusz Mid-America Pool Renovation, Inc. G� X,01 v �O INTER-GLASS9 MANUFACTURERS LIMITED WARRANTY For a period of 25 years from the date of installation to , who is the original purchaser of the INTER-GLASS6. INTER CLASS® is warranted against shrinkage cracking tearing, flaking and leaking as identified only through the installed INTER-GLASS' surface, subject to following the INTER-GLASS' Care and Maintenance Instructions as well as the conditions, limitations and exclusions below. CONDITIONS Except as stated in Limitations and Exclusions below,the obligation under this warranty will be to supply the INTER-GLASS*material to perform any needed Warranty work for a term of Twenty Five years from the date of installation for no additional charge. LIMITATIONS AND EXCLUSIONS This warranty applies as long as the vessel remains structurally sound and intact, full of water, with a functioning hydrostatic relief plug (s), and off-season closing (winterization) levels according to APSP guidelines(not required for Commercially segmented-built pools with properly maintained caulked expansion or control joints and a designed underground drainage bed specially built to eliminate hydrostatic pressure when the pool is empty,or pools built above grade).This warranty does not cover any damage that may occur because of. 1)Any repairs,alterations, or modifications made by persons or entities other than Mil-America Pool Renovation, Inc.,2)Cutting,grinding, removal or disturbance of any portion of the INTER-GLASS* installation,3)Any abuses whatsoever, including,but not limited to,accidental or deliberate acts,or abusive use of chemicals;3)Loss of water through plumbing or recirculation system lines,equipment or fixtures not directly associated with or directly associated with the INTER-GLASS®installed surface;4)Damage to the pool surface caused by,but not limited to,vandalism,floods,ground water seepage or pressure resulting from closing or plugging off the hydro-static relief valve,or shifting,expansion or settling of soil,5)Draining the pool for longer than 5 days without notice to the Manufacturer;and 6)Any other acts of God or occurrences that the Manufacturer or Installer cannot control or reasonably be expected to be able to control, WARRANTY TRANSFER PROCEDURES This warranty is hereby issued to the person or persons named above,and is transferable only upon a written request.The Qualifications for a Warranty Transfer to a new owner to effect are: 1)An on-site inspection prior to sale completion, 2)A written report after inspection, 3)Handing over the INTER-GLASS®Care& Maintenance Instructions,a copy of the Limited Warranty,and any other pertinent reports on the pool to the new owner,and 4)Obtaining signature receipt of such materials from the new owner. The fee for a Warranty Transfer is$500.00. NOTIFICATION-KEEP THIS WARRANTY In the event of any claim under this warranty,notification must be sent in writing within ten(10)days of the observation of a leak or crack occurring through the installed INTER-GLASSO surface. A copy of the original sales contract and a copy of this warranty may accompany the claim. If not notified as stated and/or the pool is drained or emptied prior to an inspection by the Manufacturer, A Claim under this warranty may be denied with no further responsibility by the Manufacturer for that Claim. Notification shall be sent to: Mid-America Pool Renovation,Inc. 5929 E. 154 'Terrace Grandview,MO 64030 Installation Date: Issued To: Warranty Number: Address: SFE _ -- { i 1 ti V EXHIBIT B (INSURANCE REQUIREMENTS) Certificates of Insurance shall be presented to the Village upon execution of this contract and vendor shall not commence work until it provides and receives acceptance of insurance certificates from the Village as required by this exhibit. Each contractor performing any work pursuant to a contract with the Village of Oak Brook and each permittee working under a permit as required pursuant to the provisions of Title 1 of Chapter 8 of the Code of Ordinances of the Village of Oak Brook (hereinafter referred to as "Insured") shall be required to carry such insurance as specified herein. Such contractor and permittee shall procure and maintain for the duration of the contract or permit insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work under the contract or permit,either by the contractor, permittee,or their agents, representatives,employees or subcontractors. A contractor or permittee shall maintain insurance with limits no less than: A. General Liability - $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage; B. Automobile Liability (if applicable) - $1,000,000 combined single limit per accident for bodily injury and property damage; C. Worker's Compensation and Employer's Liability-Worker's Compensation limits as required by the Labor Code of the State of Illinois and Employer's Liability limits of$1,000,000 per accident. Any deductibles or self-insured retention must be declared to and approved by the Village. At the option of the Village, either the insurer shall reduce or eliminate such deductible or self-insured retention as respects the Village, its officers, officials, employees and volunteers; or the Insured shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses to the extent of such deductible or self-insured retention. The policies shall contain,or be endorsed to contain,the following provisions: D. General Liability and Automobile Liability Coverage- (?)The Village,its officers,officials,employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of the Insured;premises owned, occupied or used by the Insured. The coverage shall contain no special limitations on the scope of protection afforded to the Village,its officers,officials,employees,volunteers,or agents. (2)The Insured's insurance coverage shall be primary insurance as respects the Village, its officers, officials, employees, volunteers and agents. Any insurance or self-insurance maintained by the Village, its officers, officials, employees, volunteers or agents shall be in excess of the Insured's insurance and shall not contribute with it. (3)Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Village,its officers,officials,employees,volunteers or agents. (4)The Insured's insurance shall apply separately to each covered party against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. E. Worker's Compensation and Employer's Liability Coverage The policy shall waive all rights of subrogation against the Village, its officers, officials, employees, volunteers and agents for losses arising from work performed by the insured for the Village. 3 Each insurance policy shall be endorsed to state that coverage shall not be suspended,voided,canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the Village. Each insurance policy shall name the Village, its officers, officials and employees, volunteers and agents as additional Insureds. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Each Insured shall furnish the Village with certificates of insurance and with original endorsements effecting coverage required by this provision. The certificate and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms approved by the Village and shall be subject to approval by the Village Attorney before work commences. The Village reserves the right to require complete,certified copies of all required insurance policies, at any time. Each insured shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 8 3u THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 90173352 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Mid-America Pool Renovation, Inc. The Guarantee Company of North America USA 5929 E. 154th Terrace One Towne Square, Suite 1470 Grandview, MO 64030 Southfield, MI 48076 OWNER(Name and Address).- Village ddress):Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 CONSTRUCTION CONTRACT Date: Amount: $1,048,975.00 One Million Forty Eight Thousand Nine Hundred Seventy Five Dollars and 00/100 Description (Name and Location): Oak Brook Bath &Tennis Pool Renovation Project BOND Date(Not earlier than Construction Contract Date): Amount: $1,048,975.00 One Million Forty Eight Thousand Nine Hundred Seventy Five Dollars and 00/100 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Ccrnpanv: (Corporate Seal) Company: o ora e Se P�Fcc Mid-America Pool Renovation, Inc. The Gu rante C y rth mto rC - Sigm re: Signature: Name a i ie: Nam and Itl ell4IY _Fact atson Atto (Any additional signatures appear on page 3) (FOR INFORMATION ONLY-Name:Address and Telephone) OWNER'S REPRESENTATIVE(Architect, Engineerorother AGENT or BROKER: party) Truss 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 816-708-4600 AIA DOCUMENT A312.PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 1 THIRD PRINTING.MARCH 1987 5t.t1\11111,1111///!i//i, r r 'x "1 J I The Contractor and the Surety, jointly and severally, 4.4 Waive its right to perform and complete, arrange bind themselves, their heirs, executors, administrators, for completion, or obtain a new contractor and with successors and assigns to the Owner for the performance reasonable promptness under the circumstances: of the Construction Contract, which is incorporated herein .1 After investigation, determine the amount for by reference. which it may be liable to the Owner and, as 2 if the Contractor performs the Construction Contract, soon as practicable after the amount is the Surety and the Contractor shall have no obligation determined, tender payment therefor to the under this Bond, except to participate in conferences as Owner;or provided in Subparagraph 3.1. .2 Deny liability in whole or in part and notify the 3 If there is no Owner Default, the Surety's obligation Owner citing reasons therefor. under this Bond shall arise after: 6 If the Surety does not proceed as provided in 3.1 The Owner has notified the Contractor and the Paragraph 4 with reasonable promptness, the Surety shall Surety at its address described in Paragraph 10 below be deemed to be in default on this Bond fifteen days after that the Owner is considering declaring a Contractor receipt of an additional written notice from the Owner to the Default and has requested and attempted to arrange a Surety demanding that the Surety perform its obligations conference with the Contractor and the Surety to be under this Bond,and the Owner shall be entitled to enforce held not later than fifteen days after receipt of such any remedy available to the Owner. If the surety proceeds notice to discuss methods of performing the as provided in Subparagraph 4.4, and the Owner refuses Construction Contract. If the Owner, the Contractor the payment tendered or the Surety has denied liability, in and the Surety agree, the Contractor shall be allowed a whole or in part, without further notice the Owner shall be reasonable time to perform the Construction Contract, entitled to enforce any remedy available to the Owner, but such an agreement shall not waive the Owners 6 After the Owner has terminated the Contractor's right to right, if any, subsequently to declare a Contractor complete the Construction Contract, and if the Surety Default;and elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 3.2 The Owner has declared a Contractor Default and then the responsibilities of the Surety to the Owner shall formally terminated the Contractor's right to complete not be greater than those of the Contractor under the the contract. Such Contractor Default shall not be Construction Contract, and the responsibilities of the declared earlier than twenty days after the Contractor Owner to the Surety shall not be greater than those of the and the Surety have received notice as provided in Owner under the Construction Contract. To the limit of the Subparagraph 3.1;and amount of this Bond, but subject to commitment by the 3.3 The Owner has agreed to a the Balance of the Owner of the Balance of the Contract Price to mitigation of g pay costs and damages on the Construction Contract, the Contract Price to the Surety in accordance with the Surety is obligated without duplication for: terms of the Construction Contract or to a contractor selected to perform the Construction Contract in 6.1 The responsibilities of the Contractor for accordance with the terms of the contract with the correction of defective work and completion of the Owner. Construction Contract; 4 When the Owner has satisfied the conditions of 6.2 Additional legal, design professional and delay Paragraph 3, the Surety shall promptly and at the Surety's costs resulting from the Contractor's Default, and expense take one of the following actions: resulting from the actions or failure to act of the Surety 4.1 Arrange for the Contractor, with consent of the under Paragraph 4;and Owner, to perform and complete the Construction 6.3 Liquidated damages, or if no liquidated damages Contract;or are specified in the Construction Contract, actual 4.2 Undertake to perform and complete the damages caused by delayed performance or non- e p performance of the Contractor. Construction Contract itself, through its agents or through independent contractors;or 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the 4.3 Obtain bids or negotiated proposals from qualified Construction Contract, and the Balance of the Contract contractors acceptable to the Owner for a contract for Price shall not be reduced or set off on account of any performance and completion of the Construction such unrelated obligations. No right of action shall accrue Contract, arrange for a contract to be prepared for on this Bond to any person or entity other than the Owner execution by the Owner and the contractor selected or its heirs,executors,administrators or successors. with the Owner's concurrence, to be secured with performance and payment bonds executed by a 8 The Surety, hereby waives notice of any change, qualified surety equivalent to the bonds issued on the including changes of time, to the Construction Contract or Construction Contract, and pay to the Owner the to related subcontracts, purchase orders and other amount of damages as described in Paragraph 6 in obligations. excess of the Balance of the Contract Price incurred by 9 Any proceeding, legal or equitable, under this Bond the Owner resulting from the Contractor's default;or may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located AIA DOCUMENT A312.PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED,-AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 2 THIRD PRINTING 9 MARCH 1987 and shall be instituted within two years after Contractor have been made, including allowance to the Default or within two years after the Contractor ceased Contractor of any amounts received or to be received working or within two years after the Surety refuses or fails by the Owner in settlement of Insurance or other to perform its obligations under this Bond, whichever claims for damages to which the Contractor is entitled, occurs first. If the provisions of this Paragraph are void or reduced by all valid and proper payments made to or prohibited by law, the minimum period of limitation on behalf of the Contractor under the Construction available to sureties as a defense in the jurisdiction of the Contract. suit shall be applicable. 12.2 Construction Contract: The agreement betwen 10 Notice to the Surety, the Owner or the Contractor shall the Owner and the Contractor identified on the be mailed or delivered to the address shown on the signature page, including all Contract Documents and signature page. changes thereto. 11 When this Bond has been furnished to Comply with a 12.3 Contractor Default: Failure of the Contractor, statutory or other legal requirement in the location where which has neither been remedied nor waived, to the construction was to be performed, any provision in this perform or otherwise to comply with the terms of the Bond conflicting with said statutory or legal requirement Construction Contract. shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement 12.4 Owner Default: Failure of the Owner, which has shall be deemed incorporated herein. The intent is that neither been remedied nor waived, to pay the this Bond shall be construed as a statutory bond and not Contractor as required by the Construction Contract or as a common law bond. to perform and complete or comply with the other terms thereof. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL_ SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA ID THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.200G6 A312-1984 3 THIRD PRINTING•MARCH 1987 THEThe Guarantee Company of North America USA GUARANTEE© Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Kelly R.Watson,Sandra Burnett,Chandler H.Cullor,Linda S. Reynolds,Mark E.Gardner Truss,LLC its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and ray be revoked,pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 311t day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and �6a ,TF-. its corporate seal to be affixed by its authorized officer,this 1 st day of March,2018. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 1st day of March,2018 before me came the individuals who executed the preceding instrument,to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public, State of Michigan Company of North America USA offices the day and year above written. #.: County of Oakland ` My Commission Expires February 27,2024 Acting in Oakland County I, Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. T4 IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this day of ,2019 f P Randall Musselman,Secretary i _ _- .�° ' ^' r _. t 4 -ter : .1V�i4�;. � - .. ... _ \`' is � "` �:... 5. Po .. THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. 90173352 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): Mid-America Pool Renovation, Inc. The Guarantee Company of North America USA 5929 E. 154th Terrace One Towne Square, Suite 1470 Grandview, MO 64030 Southfield, MI 48076 OWNER(Name and Address): Village of Oak Brook 1200 Oak Brook Road Oak Brook, IL 60523 CONSTRUCTION CONTRACT Date: Amount: $1,048,975.00 One Million Forty Eight Thousand Nine Hundred Seventy Five Dollars and 00/100 Description (Name and Location): Oak Brook Bath &Tennis Pool Renovation Project BOND Date (Not earlier than Construction Contract Date): Amount: $1,048,975.00 One Million Forty Eight Thousand Nine Hundred Seventy Five Dollars and 00/100 Modifications to this Bond: ❑ NoneX❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: ( orpo�te )Ee Mid-America Pool Renovation, Inc. The Gua n of rt A e Ic Signat e;� �wL Sig ture: a Namo and f le: Na a an re: -11 y atso Att o n-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY-Name,Address and Telephone) OWNER'S REPRESENTATIVE (Architect,Engineerorother AGENT or BROKER: party) Truss 9200 Ward Parkway, Suite 500 Kansas City, MO 64114 816-708-4600 AIA DOCUMENT A312.PERFORMANCE BOND AND PAYMENT BOND.DECEMBER 1984 ED..AIA 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 4 THIRD PRINTING.MARCH 1987 e>, �' .�� ,� � "s (���/ �, �/(�1 ,- f ��-S4�'.lt:.� �'� � � •;� y.. r. .a Cr �. 'r. i,�, � ;� ,�:. I The Contractor and the Surety, jointly and severally, 5 If a notice required by Paragraph 4 is given by the bind themselves, their heirs, executors, administrators, Owner to the Contractor or to the Surety, that is sufficient successors and assigns to the Owner to pay for labor, compliance. materials and equipment furnished for use in the 6 When the Claimant has satisfied the conditions of performance of the Construction Contract, which is Paragraph 4, the Surety shall promptly and at the Surety's incorporated herein by reference. expense take the following actions: 2 With respect to the Owner, this obligation shall be null 6.1 Send an answer to the Claimant, with a copy to the and void if the Contractor: Owner, within 45 days after receipt of the claim, stating 2.1 Promptly makes payment,directly or indirectly,for the amounts that are undisputed and the basis for all sums due Claimants,and challenging any amounts that are disputed. 2.2 Defends, indemnifies and holds harmless the 6.2 Pay or arrange for payment of any undisputed Owner from claims, demands, liens or suits by any amounts. person or entity whose claim,demand, lien or suit is for 7 The Surety's total obligation shall not exceed the the payment for labor, materials or equipment furnished amount of this Bond, and the amount of this Bond shall be for use in the performance of the Construction Contract, credited for any payments made in good faith by the provided the Owner has promptly notified the Surety. Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits 8 Amounts owed by the Owner to the Contractor under the and tendered defense of such claims, demands, liens Construction Contract shall be used for the performance of or suits to the Contractor and the Surety, and provided the Construction Contract and to satisfy claims, if any, under there is no Owner Default. any Construction Performance Bond. By the Contractor 3 With respect to Claimants, this obligation shall be null furnishing and the Owner accepting this Bond, they agree and void if the Contractor promptly makes payment, that all funds earned by the Contractor in the performance of directly or indirectly,for all sums due. the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this 4. The Surety shall have no obligation to Claimants under Bond, subject to the Owner's priority to use the funds for the this Bond until: completion of the work. 4.1 Claimants who are employed by or have a direct 9 The Surety shall not be liable to the Owner, Claimants or contract with the Contractor have given notice to the others for obligations of the Contractor that are unrelated to Surety (at the address described in Paragraph 12) and the Construction Contract. The Owner shall not be liable for sent a copy,or notice thereof,to the Owner,stating that payment of any costs or expenses of any Claimant under a claim is being made under this Bond and, with this Bond, and shall have under this Bond no obligations to substantial accuracy,the amount of the claim. make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 4.2 Claimants who do not have a direct contract with the Contractor: 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to .1 Have furnished written notice to the Contractor related subcontracts,purchase orders and other obligations. and sent a copy, or notice thereof, to the Owner, within 90 days after having last 11 No suit or action shall be commenced by a Claimant performed labor or last furnished materials or under this Bond other than in a court of competent equipment included in the claim stating, with jurisdiction in the location in which the work or part of the substantial accuracy, the amount of the claim work is located or after the expiration of one year from the and the name of the party to whom the date (1) on which the Claimant gave the notice required by materials were furnished or supplied or for Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last whom the labor was done or performed;and labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the .2 Have either received a rejection in whole or in Construction Contract, whichever of(1)or(2)first occurs. If part from the Contractor, or not received within the provisions of this Paragraph are void or prohibited by 30 days of furnishing the above notice any law,the minimum period of limitation available to sureties as communication from the Contractor by which a defense in the jurisdiction of the suit shall be applicable. the Contractor has indicated the claim will be paid directly or indirectly; and 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the .3 Not having been paid within the above 30 signature page. Actual receipt of notice by Surety, the days, have sent a written notice to the Surety Owner or the Contractor, however accomplished, shall be (at the address described in Paragraph 12) sufficient compliance as of the date received at the address and sent a copy, or notice thereof, to the shown on the signature page. Owner, stating that a claim is being made under this Bond and enclosing a copy of the 13 When this Bond has been furnished to comply with a previous written notice furnished to the statutory or other legal requirement in the location where the Contractor. construction was to be performed, any provision in this Bond AIA DOCUMENT A312-PERFORMANCE BOND AND PAYMENT BOND-DECEMBER 1984 ED.-AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING-MARCH 1987 conflicting with said statutory or legal requirement shall be service or rental equipment used in the Construction deemed deleted herefrom and provisions conforming to Contract, architectural and engineering services such statutory or other legal requirement shall be deemed required for performance of the work of the Contractor incorporated herein. The intent is that this Bond shall be and the Contractor's subcontractors, and all other construed as a statutory bond and not as a common law items for which a mechanic's lien may be asserted in bond, the jurisdiction where the labor, materials or equipment were furnished. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall 15.2 Construction Contract: The agreement promptly furnish a copy of this Bond or shall permit a copy between the Owner and the Contractor identified on to be made. the signature page, including all Contract Documents and changes thereto. 15 DEFINITIONS 15.3 Owner Default: Failure of the Owner,which has 15.1 Claimant: An individual or entity having a direct neither been remedied nor waived, to pay the contract with the Contractor or with a subcontractor of Contractor as required by the Construction Contract or the Contractor to furnish labor, materials or equipment to perform and complete or comply with the other for use in the performance of the Contract. The intent terms thereof. of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Paragraph 6 above is deleted in its entirety and the following is substituted in its place: 6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, with reasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety's defenses to, or right to dispute, such claim. Rather, the Claimant shall have the immediate right, without furthernotice,to bring suit against the Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA QD THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D,C.20005 A312-1984 6 THIRD PRINTING.MARCH 1987 THEThe Guarantee Company of North America USA GUARANTEE Oo Southfield, Michigan POWER OF ATTORNEY NOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Kelly R.Watson,Sandra Burnett,Chandler H.Cullor,Linda S.Reynolds,Mark E.Gardner Truss, LLC its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise. The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked, pursuant to and by authority of Article IX,Section 9.03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31s'day of December,2003. The President,or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner—Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011,of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and v� Tft, its corporate seal to be affixed by its authorized officer,this 1st day of March,2018. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 1st day of March,2018 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said Company. Cynthia A. Takai IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written. c County of Oakland My Commission Expires February 17,2024 Acting in Oakland County / I, Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. 11 C IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this day of 2019 Randall Musselman,Secretary ,.... s ' ,. ���� � ;. ,,.�' ., .,Ys_ ., _ ., 9� .•nom '��' � +' i.�, �;.. �� - ��\' - J`' ;1� -` - =� � t - - �.. •��