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Improvement Contract/Bond_D&D Concrete_2018 Asphalt Overlay Ramp Project One Copyrighted March 19, 2018 City of Dubuque Consent Items # 20. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: D&D Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project One. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ContracVBond - D&D Concrete, Inc. Supporting Documentation sECTioN ao5oo ' Page 1 of 6 � PUBLIC IMPROVEIVIENT CONTRACT � SECTION 00500 � 2018 ASPHALT OVERLAY RAMP PROJECT ONE � THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references � purposes the 2othday af Februarv, 2018 between the City of Dubuque, lowa, by its City Manager, � through authority conferred upon the City Manager by its City Counci! (City), and D&D Concrete.Inc. �� (Contractar). � For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows � � CONTRACTOR AGREES: � 1. To furnish all material and equipment and to pertorm al{ labor necessary for the 2018 � ASPHALT OVERLAY RAMP PROJECT ONE (Project). � � 2. CONTRACT DOCUMENTS � A. The Cantract Documents consist of the following: , �� 1. Praject Title Page (Section 00100). ; �i 2. Project Directory Page (Section 00101). ;; ,l 3. This Public Improvement Contract (Section 00500). 1 4. Performance, Payment, and Maintenance Bond (Section 00600). � 5. Out-of-State Contractor Bond (Section 00610). � 6. �ther Bonds: � a. (Band Name) (pages_to_ , inclusive). � I b. (Bond Name) (pages_to� , inclusive). c. (Bond Name) (pages i to_ , incfusive). � i 7. The lowa Statewide Urban Design And Specifications (SUDAS)2017 Editian. y li 8. CITY OF DIJBUQUE Supplemental Specifications 2017 Editian. � 9. Qther Standard a�n� S�pplerrsentary Specifications �s listed on the Title Page of the � Cantr.act Document Manual. 10.Special Pravisions included in the project Contract Docum�nt Manual. 11.Drawings—Sheet No. through No. (OQ pages)or drawings consisting of shee#s bearing the following general title: 12.Addenda (numbers 1 to 1 , inclusive). 13.Insurance Pravisions and Requirements (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). 15.Site Conditian Information (Section 00775). 16.Constructian Schedule and Agreed Cost of Delay (Section 00800). � , � SECTION 00500 Page 2 of 6 17.Erosion Control Certificate (Section 009�0). 18.Consent Decree (Sectian 01000). � 19.Other Project Information and Permits (Section 01100 - 00000). 20.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages�to_, inclusive). b. Bidder Status Form (Section 00460}. c. Contractor Background Infiormation Farm (Section 00471) d. The following documentation that must be submitted by Contractor prior to Notice of Award. i. � !L � IIL � e. Nane. � If � 21.Th�following which may be delivered or issued on or afiter the Effective Date of the ^ Agreement: � t a. Notice to Proceed (Section 00850). � � b. Praject Certification Page (Section 00102)_ � c. Change Orders (Not attached to this agreement). � � There are no other Contract Documents. The Con�ra►ct Documents may only be amended, � modified, or supplemented as provided in General Conditions. 3. All materials used by the Contractar in the Project must be of the quality required by the Contract Docurnents and must b� installed in accordance wi�h the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Five percent (5%) af the Contract price will be retained by the City for a period of thirty (30) days after final cort�pleticn and acceptanc�of the Praj�ct by the City Gounci! to pay any claim by any party that may be filed for labor and materi�ls done and furnished in connection with the pertormance of this Contract and far a longer period if such claims are not adjusted within that thirty (30) day period, as provided in lowa Code Chapter 573 or lowa Code Chapter 26. The City will also retain additional sums to protect itseif against any claim that has been filed a�ainst dt for damages to persons or propertv arising through the prosecution of the work and such sums �nrill be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Cantractor has read and understands the Contract Documents herein referred to and agrees nat to plead misunderstanding or deceptian related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Cantractor must also fix any ather defect in any part of the Project, even if the Project has been accepted and fully paid � SECTION Q0500 Page3of6 for by the Gity. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date i indicated in the Construction Schedule and Agreed Cast of Delay Section of the Contract Documents. �� 9. INDEMNIFICATION FROM THIR� PARTY CLAIMS. To the fullest extent permitted by law, � Contractor shall defend, indemnify and hold harmless City, its officers and employees, from � and against all claims, darnages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys'fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there � from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectiy employed by Contractor or anyone for whose acts q Contractor may be liable, regardEess of whether or not such claim, damage, loss or expense ',I is caused in part by a party indemnified hereunder. � 10. The Contractor hereby represents and guarantees that it has not, nor has any other person � �i for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any ; other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or � public officer any sum of money or anything of value whatever in order to obtain this Contract; � i; and it has not, nor has another person for or in its behalf directly or indirectly, entered into � any Gontractor arrangement with any other persan, firm, corporation or association which { tends to or does lessen or destroy free competition in the award of this Contract and agrees � that in case it hereafter be established that such representations or guarantees, or any of � them are false, it will forfeit and pay nat less than ten percent(10%) of the Contract price but � in no event less than $2,000.00 (Two Thousand Dallars)to the City. i 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be abligated to the extent provided far by lawa Code 573.6 relating to this Contract, which � provisions apply to said Bond. 12. The Contractor a rees, and its Bond is suret therefore, that after the Certificate of 9 Y Substantial Completion has been issued by th� City, it will keep and maintain the Project in good repair for a period of two (2)years. 13. The Project must be constructed in strict accordance with the requirements of the laws of the State af lowa, and the United States, and ardinances of the City of Dubuque, and in accordance with the Contract Docurnents. �. Aii applicabie s�andards, orders, ar regulations issued pursuant to the C:lean Air f�ct of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water F'ollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractar must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-33Q) and Department of Labor Regufations (29 CFR, Part 5). B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act, if applicable, and related labor requirements and regulatians and the Federal Wage Determination for this Project. � � € SECTION 00500 � Page 4 of 6 � � C. Equipment or products authorized to be purchased with federal funding awarded for this � Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sectians 606(a} and (b). D. The City of Dubuque in accordance with Title VI of the Givil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and TitEe 49, Code of Federal Regulations, Department � of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in : Federally assisted programs of the Department of Transportation issued pursuant to � such Act, hereby notifies a!I bidders that it will affirmatively insure that in any contract � entered into pursuant to this advertisement, minority business enterprises will be ;� affarded full opportunity to submit bids in response to this invitation and will not be y discriminated against on the grounds of race, color, national origin,sex, age, ar disability � in consideration for an award. �� i � I CONSENT DECREE j RELATING TO THE PROJECT �� 14. � THIS C4NTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO ; THE WATER& RESOURCE RECOVERY CENTER OR THE SANITARY SEWER ! i COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE ; APPLICABLE. � c CITY CONTRACTOR � � THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE �� RELATED TO THE WATER& RESOU6�CE RECOVERY CENTER QR THE SANITARY � � SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS i; SECTION ARE NOT APPLICABLE. ' � �i The City has entered into a Consent Decree in the case of The United States of America, and the State � of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action ;; Number 2008V00041, DOJ Case Number 90-5-1-1-p9339, United States District Court for the Narthern �� District of lawa. The provisians of the Consent Decree apply to and are binding upon the City and its � officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Cansent Decree. A �opy �t th� Co�is�r�# Cec��e is ir�ci�� ir if�� C�niiaei �oc�airiei�is �i�c� car� �� vi�vv�c� �� h�://www.cit�/ofdubuque.orq/DocumentCenter/H�meNiew/3173. A hard copy is available upon request at the City's Engineering Department U�ce. The City must condition any contract to perform wark required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. � The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its cantractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other � 4 F 6 9p� 1 2 � � � a � � � SECTfON 00500 � Page 5 of 6 � information in electronic form)in its mr its contractors' or agents' possession or control, ar that come into its or its contractors' or agen�s' possession or control, and that relate in any manner to the City's ; performance of its obligatians under fhis Consent Decree, including any underlying research and analytical data. This information-r�tention period, upon request by the United States or the State, the City must provide copies af any docu►raents, reports, analytical data, or other informatian required to be maintained under the Cansent Decree. At the conclusion of the information-retention period, the City � must notify the United States �nd the State at least ninety (90) Days prior to the destruction of any documents, records, or other informatimn subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other infarmation to the EPA or IDNR. � CERTIFICATION BY CONTRA►CT06'i N � The undersigned, on behalf of the Cmntractor, with full authority to act on behalf of the Contractor, � certifies ta the City of Dubuque as fo9laws: �! , :i 1. I have received a capy of the Consent Decree in the case of The United States of � America, and the State af lowa v. The City of Dubuque, lowa, C[vil Actiar� Number '� Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DaJ Case Number 90- � 5-1-1-09339, United States District Court for the Northern District of lowa. i 2. All work pertormed wilf be in conformity with the provisions of the Consent Decree. j 3. All documents reparts, data, records, or other information (including documents, � records, or other inforrr�ation in electronic form) that relate in ar�y manner to the � performance af obligatians under the Consent Decree, including arty underlying � research and ana�lytica6 datae wi6i be retained as required by the Consent Decree. c � 4. The Contractor agrees to defend, indemnify, and hold harmiess the City, its officers, � agents, or employees from and against any claims, including penalties, co�sts and fees as provided in the Consent Decree, relating to or arising out of the Contractor's � failure to comply with the Consent Decree. A CONTRACTOR: N/A Contractor � q � By. ��"�-� __. Signature l-�"z" �'"�' ��-e, v�-C. Printed Name ��C��,��.Ce,,,=^'"T Title � �� Date � � i 6 SECTiON 00500 Page 6 of 6 THE CITY AGREES: 15. Upon the compietion of the Contract, and the acceptance of the Project by the City Council, � and subject to the requirements of law, the City agrees to pay the Contractor as full „ compensation far the complete pertormance of this Contract, the amount determined for the tota( w�rk completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. COIVTRACT AMOUNT $ 79,185.35 I ClTY OF DUBUQUE, IOWA: ;, � Ci Mana er's ffice N Department �' I By: ;i Signature 'i Michael C.Van Milligen Printed Name ' li Ci Mana r �i Title � �" � � Date ' � CONTRACTOR� �'� ��r�t�,�'�� .. Gantractor B�/: , Signatur �('!�"' ��t +� �' i Printed Na , � r'�°'��'s�t�' r!�7"` Title ��- � �- �,� D�te � ___= END O� SECTION p0500 =__= � � � � � n 2376430 sEcr�oN oosao Page 1 vf 5 PERFC�RMA�ICE PAYMENT AND MAINTENANCE �t�ND sECTioN aoso� � KI�C7W ALL BY TFIESE PRESENTS: � That we, D&I7 Cancrete=Inc. ., as Principal (hereinaf�er the"Cantrac#or"+�r�Principal") � a�� West Bend Mutual Insurance Company � �� r�� are held and firmly bound unta the City of Du�a�que, Iraw�, as Obligee {hereinafter referred to as � "Owne�'), and to all persons who may be injured by any bre�ch of any of tf�e conditions af this Bond iC1 thB �Gn�� uR'1 A� �Pyentv-nine thousand one hundred eighty-five dollars and thirty-five cents � dallar� (� 79,185.35 l, lawfui maney of the Un�#ed States, for the paym tne af whicM sum, well�and � trctly tu be made,we bind aursetwes,aa�r heirs,6ega1 representatives and assigns,join�y or�sever�lly, 1 firmly by these pres�nts. ;I The�nditions of the above obligations are such that whereas s�id Cor�tractar en�ered inta�a ac�ntr�ct with the Qwner, bearing date the�ay aF Febr�ary 2C?18,�hereinat�er the aCant�act')wher�iro said i Cor�tractc�r undertakes�nd agress to canstruct th�#oll�n+ving project in accor�ance with the Contract �acuments, and to f�ithfully pertrt�►�rm ali the terms and requirements af s�id Contract w�hin the time 'I therein spec�ed, in a good �and workmantik� manner, and in accord�nas with the Contract i Documents. The Cc�ntr�ct Docum�nt� f�r 2�18 Asphalt C►vedav Rama Proiect t7ne deta;I #he � faprnnrin9 d�scnb�d impnavements; • East 24�'Street�nd White Streeet, Sputhea�t and Sauthwest c�rner�-dual ramps. • Easfi�4"�Street and White Street, Nartheast and Northwes� corner�-du�l ramps. • East 24� Street and Jacksan 5treet 1�orthwest corner-dua�ramp �, • East 24�'Stre�t and Jar.�son Street Southeas#cflmer-dual r�mp i * Gartef+d Avenue and Jahnsori S#reet Nor#heast and I�orthwest carners. • Rh�►mberg AVenue and Johnson Street Sau#heast ar�d Southwest c�mers-dual ramps. • Rhomberg Avenue and J+�hnst�n�treret, Northeast and hlorthwest ct�rners-dual �� ramps. • Lincoln Avenu�e and Jnhnsan Stre�t Southeast corne�--dual rarrMp • �Lincoln Avenu�and Johr�son Stree#Sauthw�st com�r • Linct�ln Avenue at Audubon Schao! • John�an Street at Pmspect Street,Audubon Schooi � • .lohnson Street at Pr•ospect��r+��t, �0� E��?2"��tr�et + Jahnson �treet and East 22"�Str�et, Sou#hwest corner-dual ramp. • Johnsan street�r�d East 22"�Str�et, Soufheast corner-single r�amp. It is expressly understood and �greed by the Contra�#or and Surefy in this Bond that the f�llowin� provi�ions are a part of this Band and ar�bin�ing upan said �ontr�ctor and Surety, to-wit: 1, PERFt�RMANCE: The Contractor shal�weii and faithfully obsenre, perForm,fulfll,ar�d abide by each and every covenant= �ondition, and part of said Contract and Contract Da�cuments, s � � � � SECTION oa60o � � Page 2 qf 5 � by referenc�made a par# here�f,for the proJect, and shal�indemnify and save harmpess the � Owner frorn aIl autlay a�d expense incurred by the Owner by reason of th� Contractc�r's � �efauli af feilure tv perform as required. The Contractor sh�0 aHso be respt�t�sibfe for the default or failure to pertorm as required under the Contra� ar�d Cantra�t Documents by ail � its subc�ntractar�,suppliers, agents, or employees fumishing mater��fs or providing labor in ° the perFarmance af the Contract. �, I 2. PAYMENT: The Contract�r and the Sureiy�n this Band hereby agreed ta pay all just claims � submitted by persons, firms, sub�ontractors, and corporatians furn�shing materials for c�r �� performing labar in the perfc�mance of the Contr�act on a+�count c�f which this Bond is given, �� iry.cluding bu# na# limited ta claims for all arnounts due for labor, materials, lubrican�s, oil, ;i gasc�line, repair�on machinery, �aquipment, and taols, consumed or uss�d by the Cantractcu ' or any sub�ontractor, wherein the same are not satisfied ou# of the port�on of the contract '' price the Clwner is required to r�atain un�il completion of#he imprav�ment, k�ut the Ca�ntrac�or ��' i; and Surety shall not be�fa�bte to said persons,firms,or corporatians unless the cl�ims of said I� claimar�ts against s�id portion of the con#r�ct pr�ce shalt have been established a$provicled �� by law. The Contractor and Surety herek�y bind themselves ta the obligations�nd c�nditi�ans �; s�t iorth in +Chapfer 573 of the lowa Cade, which by this reference is made a part hereof as �i thaugh fully set out herein. 'i 3. NIAlNTEh1ANC�_ Th� Corttr��tor and the Surety on this Bond hereby agree, �t their own I'u �xpense: �� A. To rem�dy a�y and all defe�ts that may develop in ar resuft from wnrk ta be p�rForm�d � � under th� Contra�t oocum+�rrts within the � period af twa �Z� year(s} fr�m the date of acc�eptance of the work under the Contr�ct, by rea�on oi� defects in warkmanship, " eq�ipment installed, or mat�rial�used in constnacti�n of said work; j� ,� u B. T� keep all work�n ca�n�nuous g+�od repair;and � C. To pay tl� O�nmer`s rsasonable casi� r�f monitor�ng ar�d inspection ta assure th�t an � d+�f�cts are r�medie�, and to repay th� +Dwner �Il outiay �nd e�ense incurred as a � result caf ��r��c#�r'� �nd ��r�fy's 1f�ii¢a�e �� r��edy any defect ss required by t�is � sectian. � � Contractor's and Surefi�r's Contrac� herein made extends tc� defects in workmanship or materia#s not discovered or known to the tTnrner at the tim+� such work was �ccept�d: 4. GEIVEFiAL: Every Surety on#his Bond sh�ll be deemed and heid baund, any contr��t to the �ontrary notuvithstanding, ta the following pravisians: A. To oonsent w6thoui n�ticc to any ea��nsian of time authc�rized in ap�roved chang� � orders tv the Contr�ctor in which ta pertorm the Contr�ct; � B. To c�onsent without natice #a ar�y change in the Ct�ntract or Contract Documents, �uthorized in approved �hange orders which there�y incre�ses the tatal ctyntract price � and the penal s�m of this Bond,provided#h�t alt such changes do not,in tt�e aggregate, � i � � , � � � I� sEcnoN oosoa � Pag� 3 of 5 � involve an increase of mc�r�th�n twenty percent (209�0}af the tota!contract price, and �4 that this Bond shall ti�en be released as to such excess in�rease; a ; C. T� r�nsen� withaut natice th�t this Ba�nd shall remain ir� #ull fotce and effect until the � Contract is complefed, whether completed within the specified �ontrac# period, within � an exter�sion thereof, or within a period of time after the contract period has ela�sed n and the IEquidated d�ma�e penalty is being charged against the Cvntractor. � 0 TMe Contractor ar�d every�urety on the 8ond sMafl be �eemed and held baund, any contracf to the � contrary�ofinrithstanding,to the following provisions: ! � D. Tfiat no provis��n of this Bond or af any other cc►ntract shall be valid that limits to less ' � than five (5)years after the acceptanc�e of the wock�ander the Contract#he ri�ht tc�sue � on this Bo�d. !; � h E. Tl�at as used herein,the�phrase"all outlay and e�Gpens�A is not ta be limited in�r�y way, � �ut shatl include the ac#ua! and reas�anable costs an�expen�es incutred by#he Owner including inf�r�st,benefit�,and ov�rhead wher�applicable. k�cordingly,"all ou�ay and ;�� expense" wc�uld includ� but n�t be limited to atl c�rrtract or empbyee expense, alt � equipment usage or rernal,m�teri�ls,testing, au#side experts,attarn�y's fees(ancludin� ',�j owerhead �xpenses af th� Clwmer's �taff attomey�}, ar�d aPl costs and expen�es vf 'i litigation as they are incurrr�;d by the Uwraer, It is intended the Contractor and Surety ; wil�defend and indemnify the awner on all claims made against the Ctwner an�ocaunt , of Cantra�ctor's�ilure to pertomn�s required in#he Contra�k�nd Contra�ct aocument�, tt� �, that�!I a�reemen#s and prc�mises set fortP� in the Contr�c�and C.�r�#ract D�ument�, in 'I approved change order�, and im t�is Bond wili E�e fulfilled, and that the C�n+ner w�ll be fulfy indemni�ed sa fihat it vorill k� put into the position it wauld h�ve been in had the � Contracf been p�rtorm�d in the�lrst ins#ance as r�quired. � � In the event the Owner incurs a�ny 4outlay and expense"i� d��nding itself against any claim as to �, which the Cont�'actar ar Surety shou{� h�ve prnvided the defense, ar in the er�fqrcemenf of the r � promises given by the Con#ract�r in the Contract,Contr�acf Documents,o�r appraved change�rders, or in #he snfs�m�nt �f th� prom6��s giver� by �he ��n�ra+�cor and Surety in this 8and, the � �ontractor an� Surety agr�e that they will make the pwn�r whole for all such outlay and expense, � provided #hat the Surety's �blig�tic�n under this 8c�nd shalr nat ex�ed one hundred iwenty_�'ive ° percent(125°/p)of the penal sum of this 8and. � �In the event that an�act�ons or proceeding��r� ir�it�at�� r�g��#Br�g#h6s ��r��, #h��rt6�s�gree 4h�t the venue therec�f sh�l�be Dubuqa�e Cc�unty, S#a#e af lowa. �fi leg�l ec#ion is required by the (�vner � tt� enfarc.�the provisions of t#�is Bond or#o coll�ct the manetary oqligation incurring ta#he benefit of t�e Owner, the Contraractar and the Surety ag�e�, jointty, and severallg�, ta pay the Qwner all autlay � and e�ense �ncurred therefor by the Owner. A�lI rights, pawers, and remedies of the (}wner � hereunder shall be cumulative and not alt�ernative an� shall be in addifion to all rights, pow�rs, and remedi�� given ta tt�e Owner, by law. The Owner may proceecl against su�ety for any amount guaranteed hereunder whether action is brought agalnst the +Contra�tor or whether.Cantractor is joined in any such action{s}or nat. � � � �; � . � € � � � �ECT�CIN !lf}600 Page 4 of 5 � NQW THEREF�IRE,the conditit�n of tfiis aaligation is such that if said Prir�cipal shall faithfully pertorm � aiFthe promises a�f the Principai,a�set forth and provided in the Contra�t�in the Cantract Documents, � and in rthis Bond, then this obligation shall �e nul!�nd void, o#herwise it shafl remain in fuli force and � effect. ' , � When a work,terrn, or phras� is used in this Band, it shalf be interpreted�r construed first as defined �' i� this Bond, the Cantra�,or the Contract Dc�cume�rts; s�cond, if not defined in the Bond, Contract, �, or Contract Documents, it shall be interpreted or cx�nstrued as defined in applicable provisi��n�of the lornra Cnde; third, ifi nc�#defined in the low� C�ade, it sh�tl be i�terpreted or canstrued accc�rding t�a its � generally ac�e�ted mea�ing in the �onstruc�ian industry; �nd fa�urthr, if it has nv generally accepte�! � meaning in th�construction industry, it shall be interpreted or constcue�accx�rdiru�to its c.ommor� or ;; custamary usag�. � , Failure tcr speci�r or particufarize shal! not exclud� ter�ms or pr�vi�ions n�t menti�ned �t�d �hail not limit liab�lifiy hereunder. The C+antract and Cc�ntract Documents �ne hereby made a part of this Bond. �i r Proj+e�t No. 2�12�7 i VVitness c�ur h�nds, in trip�icate,this 2otn �f,�y,�f February . �p�g. ,; SURETY Ct7�UNTER�IGNE� BY: r� � �; � stgnature orA�er,t �QRNI APPRC► � BY: � ` � � �.�___ PriM�d Narr�d A�ent Repres Owner ��N: �ompany Ad+dre�ss � West Bend Mutual Insurance Company � su�tY�P�Y r i Ciiy,State,Zip Code By' ':�� S�nature Attc�mey-in-Fact+Df�cer Cornpany Telephone Num�bar Andrew Hendricks PRINCIPAI..: p��d Name nfAthxney-In-Fac't OfFicer ° D&D Concrete, Inc. TRICOR, Inc. � Camp�ny Nar�e „ C.or►tracbr � 600 Star Brewery Dr. Suite 110 B�� _ '_ CompanyAddr�ss � s � Dubuque, lA 52001 Printed Name �c `�'� ('.�. �+.,- CitY,Stete,Zip G�de 563-556-5441 Compar�y Telephane Number N��`�: 1. A�I signatures an this pertormance, payrv�ent, and maintenant� �ond must be ariginal - signatures in ink; �opies,facsimiE�, or electronic signa#ures wi�l not be ac:cept�. � g , 3 � , � , � i SECTION 0060fl Page 5 of 5 �. This Bon� must�e sealed with the Sur�#y's raised, ernb�ssing seal. � 3. The name �nd slgnature of tt�e Sur�ty's At��rney-in-�"acUQfficer+�ntered on �his Bond � must k�� ex�ctly as lis#ed on the Cert'rficate or Power of Attomey accompanying this � Bc�nd. __�=ENa OF 3ECTlON t�0600=�__ ` :i ,� � � ii � �� I � � � �i - � � 7 �( ,� i � ,� � �i � ,� k � � e � � � 0 � � F � � �.� � "�" �� THC 51LVER LI�IING'� A MUTUAL INSURANCf COMPANY' �O�ld NO. 2376430 POWER OF ATTORNE�Y Know all men by these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office in the City of West Bend, Wisconsin does make,constitute and appoint: � Andrew Hendricks � lawful Attorney(s)-in-fact,to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, � undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority � shall exceed in amount the sum of: Four Hundred Thousand Dollars($400,000) � This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 215t day of December, 1999. Appointment of Attorney-In-Fact. The president or any vice president,or any other officer of West Bend Mutual Insurance �� Company may appoint by written certificate Attorneys-In-Fact to act on behalf af the company in the execution of and attesting of bonds and undertakings and other written obligatory instruments of]ike nature. The signature of any officer authorized hereby and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating t7zerefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned I and its corporate seal to be hereto duly attested by its secretary this 22nd day of Se tember, 2017. � �-� � Attest� � _ _ �, ".� . ,ta,`�' ��-iru�,... .h �l.d(-z� � .. , , , ppRPORq7�c++. Chrastopher C.Zwygart _i�� Q.; Kevin A. Steinet ! Secretary ��iy��'`�L,�r:��,' Chief Executive Officer/President , ,�i ,Nt.^7�yc�'',X;� State of Wisconsin � �.._... � ' County of Washington � � � � � a On the 22nd day of September,2017, before me personally came Kevin A, Steiner,to me known being by duly sworn,ditl depose and say that he resides in the County of Washington, State of Wisconsin;that he is the Presitlent of West Bend Mutual Insurance Company, � the corporation described in and which executed the above instrument;that he knows the seal of the said corporation;that the seal '� affixed to said instrument is such corporate seal;that is was so affixed by order of the board of tlirectors of saitl corporation and that he � signed his name thereto by like order. ,,• t,� . r,,y � r" i' , % �J`�s �f,.. �.��'".��-��—� � � ','ctics7nra�.�'=� JuliA nedurn �,u�;'..,�"'u[?�tc :. , Senior orpoxate Attotney �=,' .,..,�,•.........,•�,,y�; �,.c��r,h,��cb,. Notary Public,Washington Co.,WI �°�� My Commission is Permanent The undersigned,duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company,a Wisconsin corporation authorized to make this certificate, Do Hereby Cer�ify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at West Bend, Wisconsin this 2oth day of February , 20�s ...�i1P,4 PtV9L/,'�; . ; �'`� a�Cx1�''��"�` if''� �� -f �;�'��+L �� 5. � ��i'w�� t i-;:�-.... . �l P J3:�.�,a�' +�%... ,�.�ry` � ,� �!eather Dunn y`�'-'"'."�'� S Vice President—Chief Financial Officer Notice; Any questions concerning this Power or.:�_t�orne,�r;�ay b��directed t�the Bond Manager at NSI, a tlivision of West Bend � Mutual Insurance Company. : � , 7900 5, ]gr�, i\vc Wcst Bcnd,WT 53095 � ph ('_'�<,),3?_4-G4;3(7 ; ?-8v0-236-5004 � fax(262) 338-50�8 � �vw�v.tl�esilvcrlining.cc�m �y f � i �