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Improvement Contract/Bond_Midwest Concrete_2018 Asphalt Overlay Ramp Two Copyrighted May 7, 2018 City of Dubuque Consent Items # 28. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: D&D Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project One; Drew Cooks & Sons Excavating Co., Inc., for the Thomas Place Retaining Wall Project; Eastern lowa Directional Drillers for the Grandview Avenue Streetlight& Fiber Project; Midwest Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project Two; Portzen Construction, Inc., for the 22nd Street Storm Sewer Improvements Project (Elm to White Streets). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type D&D Concrete Inc., Contract-Bond Supporting Documentation Drew Cook& Sons Excavating, Inc., Contract-Bond Supporting Documentation Eastern lowa Directional Drillers, Inc., Contract-Bond Supporting Documentation Midwest Concrete Inc. Contract-Bond Supporting Documentation Portzen Construction Inc., Contract-Bond Supporting Documentation � i SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT , SECTION 00500 � 2018 ASPHALT OVERLAY RAMP PROJECT TWO THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references � " purposes the 28th day of March 2018 between #he City of Dubuque, lowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and M�aWeGt con�rete.Tn�. � (Contractor). For and in consideration of the'mutual covenants herein contained, the parties hereta agree as.follows: ,:; , : CONTRACTOR AGREES: - � 1. To furnish all material and equipment and to perform all labor necessary for the 2018 � ASPHALT OVERLAY RAMP PROJECT TWO (Pro�ect). � 2. CO�NTRACT DOCU�MENTS � ,� A. The Contract Documents consisf of the followin i 9� ,� 1. Pro�ect Tit1e Page (Section 00100). i� � 2. Praject Directory Page (Section 00101). �' 3. This Public Improvement Contract (Section 00500). ' ' ��"� I' 4. PerFormance, Payment, and Maintenance Bond (Section 00600). I 5. .Out-of-State:Contractor Bond Section 00610 . . V � ) , : , ; ,� 6. Other Bonds: . . '' ,� a, Bond Narne) (pages_to _ , inclusive). , � � : b. ; Bond Name a es_to _ ! inclusive ; % � ) fP 9 )• ; c. (Bond Name) ' (pages�to _, inclusive).- i : � 7. The lowa Statewide Urban Design And Specifications (SUDAS) 2017 Edition. { 8. CITY OF DUBUQUE Supplemental Specifications 2015 Edition. , � 9. Other Standard and Supplementary Specifications as listed on the Title Page of the !! Contract Document ManuaL ! 10.Special Provisions included in the project`Contract Document Manua(. � 11:Drawings —Sheet No. through No. (00_pages) or drawings consisting of sheets bearing the following general title: _ r�11 � � � 12.Addenda,(numbers _to_ , inclusive). : � ; 13.Insurance Provisions and Requirements (Secfion 00700). � , 14.Sales Tax Exemption Certificate (Section 00750). 15.Site Condition Informafion (Section 00775). 16.Construction Schedule and Agreed Cost of Delay (Section 00800). �� SECTION 00500 � j Page 2 of 6 � � � � 17.Erosion Control Certificate (Section 00900). � 18.Consent Decree (Section 01000). � 19.Other Project Information and Permits (Section 01100 - 00000). II 20.Exhibits to this Contract(enumerated as follows): � a. Contractor's Bid (pages_to_, inclusive). � j b: Bidder Stafus Form (Section 00460). �� c. Contractor Background Information Form �Section 00471) il _ i d. The following documentation that must be submitted by Contractor prior to Notice ' � of Award. ' . i. ; . , �� , . : , ii. , � ui. �� e. None. � 21.The following which may be delivered or issued on or after the Effective Date of the ! Agreement: a. Notice to Proceed (Section 00850). �� ; � . . � ._ � b. Project,Certification Page (Section 00102). 'I c. Change Orders (Not attached to'this agreement). ' , � There are no other �onfracf Documents. The Contract Documents may only�be amended, � ; modifi'ed, or supplemented as provided in General`Conditions. ; 3. All materials used by the Contractor in the Project must be'of the quality required by the � Contract Documents and imust be installed in accordance with the:Contract Documenfs. ' , _ : ; 4. The Contractor must rernove any materials rejected by the City as:defective or improper, or ' any of said,work condemned as unsuitabie or defective, and the same must be replaced or { , , , . redorre to the satisfaction of the'City at the sole cost and expense of the Contractor. � r , 5. Five percent (5%) of the Contract price will be retained by the Gity'for a period of thirty (30) � days afterfinal completion and acceptance of the Project bytlie City Council to pay any claim � by any party that may be filed`for labor and materials done and furnished in connection with s the performance of this Contract and for a longer p�riod 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 pratect itself against any`clairn that has been filed against it for damages to persons or property arising fhrough the prosecution of the work and such sums will be held by the City: until such claims have been setfled, adjudicated or otherwise disposed of. _ , 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not fo plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Gontractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid � c '� G � @ � f: f � . ' !� SECTION 00500 � - Page 3 of 6 '� for by the City. The Contractor's maintenance bond will be security for a period of two years '� after the issuance of the Certificate of Substantial Completion. - j � 8. The Contractor must fully complete the Project under this Contract on or before the date ;� indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract j; Documents. � : �i 9. INDEMNIFIGATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, ',u Contractor shall defend, indemnify and hold harmless City, its officers and employees, from G; and against all claims, damages, losses and expenses claimed by third parkies, but not ; including any claims, damages, losses or expenses,of the parties to this Contract, including i 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 indirectly employed by Contractor ar anyone for whose acts �I'; Gontractor may be liable, regardless of whether or not such claim, damage, loss or expense ; is caused in part by a party indemnified hereunder. � �i 10. The Contractor hereby represents and guarantees that it has not, nor has any ather person �; for or in its beh�alf, directly or indirectly, entered into any arrangement or Contract with any � ;i other Bidder, or with any public officer, whereby it has`paid or is to pay any other Bidder or public officer any sum of moneyor anything of value whatever in order to obtain this Gontract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into ��, any Contractor arrangement with any other person, firm, corporation or association whieh jl tends to or does lessen or destroy free competition in the award ofthis Contract and agrees ��; that in case it hereafter be established that such representations or guarantees, or�any of �; them are false, it will forFeit and pay not less than ten percent (10%) of the Contract price but � in no event less than $2,000.00 (Two Thousand Dollars) to the City. ;' I; 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, � be obligated to the extent provided for by lowa Code 573.6 relating to this Contract, which � provisians apply to said Bond. ' ` ` ` ' 'j � 12: The Contractor agrees, and . its �ond is surety therefore, that after the Certificate of �� a Substantial Completion has been issued by the City, it will keep and maintain the Project in � good repair for a period of two (2) years. _ '; � 13. The Project must be constructed in strict accordance with the requirements of the laws of the � State of: lowa, and the United States, and ordinances of the City:ofi Dubuque, and in �II accordance with the Contract Documents. p A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of � 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et, seq.) as amended, Executive Order 11738, and Environmental Protection �� Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and a 107 of the Contract Work Hours and Safety Standards Aet (40 USC 327-330) and k Department of Labor Regulations (29 CFR, Part 5). � p B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon r Federal Prevaili.ng Wage Act, if applicable, and related labor reguirements and � regulations and the Federal Wage Determination for this Project h � � � � � � � � SECTION 00500 � Page 4 of 6 � C. Equipment or products authorized to be purchased with federal funding awarded for this �I Contract must be American-made to the maximum extent feasible; in accordance with i Public Law 103-121, Sections 606(a) and (b)._ a D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of,1964, 78 Stat. � 252, 42 U:S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department � � of Transportation; Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in ' Federafly assisted programs of the Departmenfi of Transportation issued pursuant to i� such Act, hereby notifies all bidders thaf it will affirmatively insure that in'any contract '' entered into pursuant to this advertisement, minority business enterprises `will be ,� afforded full opportunifiy to 'submit bids in r�sponse to this invitation and will not be ;1 discrirninated against on the grounds of race, color, national origin, sex, age, or disability ; in consideration for'an awar,d. ; � . u , '� GONSENT`DECi2EE � . RELATING TO THE PRO,lECT i 14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO � � THE WATER& RESOURCE RE,COVERY CENTER OR THE SANITARY SEWER I' COLLECTION SYSTEM.THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE I� APPLICABLE:: ,! _` i , CITY CONTRACI`OR ;i ;� � � THI� CONTRACTOR IS NOT PERFOI�MING WORK FOF�THE CITY OF DUBUQUE ` �� REL"ATED TO'THE 1NATER& RESOURCE RECQVEl�Y CENTER OR THE SANITRRY'` ; SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS ! ; SECTION ARE NOT APPLICABLE. , ; The City has entered into a Cansent Decree in the c�se of The United Sta#es of America,;and the State � af lowa v. l"he City of Dubuque, lowa, Civil Action Numb�r Case 2:11-cv-01011-EIVIJ, Civil Action ;�, Number 2008V00041;DOJ Case Number 90-5-1-1-09339,`United States District Courtfor the Northern ;; District of`lowa: The provisions of the Consent Decree apply to`and are binding upon the City'and its I� officers, directors, employees, agents, servants, successors, assigns, and all:persons, firms and j corporations under contract with the City to perforrn the obtigations of the Consent Decree. ' The City is required to proVide a copy of the Consent De�ree to any contracfor or cor�sultantretained to perform work required by the Consent Decree. _ A copy of the Consent Deeree is ineluded .in the Contract Documents and can be viewed at � http://www.citvofdubuque,orqfDocumentCenfier/HomeNiew/3173. A hard copy is available upon � request at the City's Engineering Department Office. . The City must candition any contract to perform work required under the Consent Decree upon � performance of the work in conformity with the provisions of the Consent Decree. ;i a, The Consent Decree also provides that until five (5)years after the termination ofi the Consent Decree, i the City must retain, and must instruct its confractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other � , �; � � � � � SECTION 0050:0 '�, Page 5 of 6 'll ,� information in electronic form) in its or its contractors' or agents' possession or control, or that come into � its or its contractors' or agents' possession or control, and that relate in any manner_ to the City's performance of its obligations under this Consent Decree, including any underlying research and ; analytical'data. This information-retention period; upon request by the United States or the State, the � City must provide copies of any documents, reports, analytical data,or'other information required to be ; maintained under the Consent Decree. At the conclusion of the information-retention period;`the City � must notify the United States and the State at least ninety (90j Days prior to the destruction of any �� documents, records, or other information subject to such requirements and, upon request by the United ! States or the State, the City must deliver any such documents, records, or other information to the EPA � or lDNR. � � CERTIFICATION BY CONTFtACTOR �i The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, ,' certifies to the City of Dubuque as follows: �,ii 'il 1. I have received a copy of the Consent Decree in the case of The United States of ';� America, and the State of lowa v. The City of Dubuque, lowa, Civil Action Number �� Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00044, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of lowa. �i, . _ � � li 2. All work performed will be in conformity with the provisions of the Consent Decree. . '�� 3. All documents reports, data, records, or other information (including documents, q � records, or other information in electronic form) that relate in any�manner fo the a performance of obligations under the Consent Decree, including any underlying ; research and analytical data, will be retained as required by the Consent Decree: '' �, 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, '' agents, or employees from and against any claims, including penalties, costs and �i fees as provided in the Consent Decree, relating to or arising out of the Contractor's 'ry failure to comply with the Consent Decree. � CONTRACTOR: I N/A I� Gontractor By: � Signature � Printed Name � � � Title � Date G � 9 i 4 � SECTION 00500 ` Page 6 of 6 I� � THE CITY AGREES: i 15. Upan the completion of the Contract, and the acceptance of the Project by the City Council, i� and subject to the requirements of law, the City agrees to pay the Contractor as full " compensation for tfie complete performance of this Contract, the amount determined for N� the total work completed at the price(s) stated in the Confractor's Bid Proposal;and less �� any Agreed Cost of Delay provided,far in the Contract Documents... � , , ' CONTRACT AMOIJNT $ ii2,sos.as - ;; ,! �I � � CITY OF DUBUQUE, IOWA: '� I� City of Dubuque _ ; Departmen : : '�, �� I� By: � Signa ure : Michael G.Van M g �; illi en � Printed'Name i City Mana�er '� _ Title il � � � �� , Date ' . : , I;I i �! CONTRACTOR: i� _: Midwest Concrete,Ine. I � �, Contractor By: � Signa re � j Ryan Coates � Printed Name r i'r�5i cCe�� Title � I�"�i� � Date � � ___= END OF SECTION 00500 ==_= � � � , , , i ; �; I' 'h � r � 2379188 i SECTtON 00600 I Page 1 af 5 PERFO�MANCE PA�(MENT AND MAINTENA CE B�ND I� SECTION 00600 ;I� Kf�OW ALL BY THESE PRESENTS: � That we, N[idwest Co��crete,Inc. ., as Principai (hereinaft�r the "C�ntractar" �r "Principal") ,an{� West Bend Mutual Insurance Company , aS �UrgtY are held and firmly bound unta the �ity of Dubuque, lawa, as Obligee (her�inafter referred to as I�� "C7wner"), and to all persans who may be injured by any breach of ar�y of the cc�nditions of this Bond , ICl th2 p2tic'�I SUCI'1 0� One hundred twelve thousand, five hundred eight and 25/100 �; dollars ($ 112 s �:2 25 ), lawful rnaney of the United States, for the payment �f which �um, well and �� truly to be made; we bind ourselves, our heir�, legal repr�sentatives and assigns,jointly or severally, �'� f�irmly by these present�. � � ;; The canditions of the�bave obligations�re such that whereas said Contractor entered intc�a contr�ct i with th� C�wner, b��ring dat� the 2 th day of March 2018, (h�r�inafter the "Contract"} wherein s�id C�ntr�ct�r undert�kes and agr�es tc� construct the follflwing project in accordanc� with the Cc�ntract ''i D�cum�nts, and to faithfully perform all the terms and requirements of ��id Contract within the time th�r�in specified, in a good and workmanlike manner, and in ac��rdance with the Cantr�ct ocuments. The Gantract Documents for 2Q18 Asphalt Qverl�� Ram Pra�ect Two detail the following described improvements: � ,� i • Davenport �tr�et & W�st 28th Str��t �� • Davenp�rfi Street & Sabula Street ,, ii • Davenpart �treet & Primrose Street ;; • Davenport �treet & Nati�nal �tr�et �a • avenpart Stre�� & Stoltz �treet • Stoltz �treet & Lemon Street i • Leman Street & Saurrders �treet �� • Maplewaod Court & Timberline Court , !� � • �M�plewoc�d Caurt & a�kcrest Drive � '�� • Meadow W�od Drive & Wildwood Drive I� • Meadow iNaad Driv� & Boyer Street ; � • M�adow Wa�c� Dr�iv� & ��rkl�y Pl�c� � � � Eim �treet & E�st 29th �fir�et � • Balke Street & Groveland �treet • Balke Str�et & Ga�the Street • B�Ike Street & Lawther 5treet � • Balke �treet & Strauss Street � r w It is expressly understaod and agreed by the Gontractor and Surety in this Band that the following r provisians are a part af this Bond �nd are binding upon s�id Contractor �nd Surety; to-wit: � � � N 4 �j 1 j � , ) j{ SECTION OQ600 � Page 2 of 5 1. PER�C)RMANCE: The Cantractar shall w�{I and faithfully observe, perform, fulfili, and abide � , by each and every cavenant, condition, and parfi of said Contract and Contr�ct l�acuments, !� by reference made a part hereof, for the project, and shall indemnifiy and save harmless the ! owner from all outl�y and expense incurred by the (Jwner by reason of the Cantractor's ' default of failure ta perform as required. The Contractor shall also be responsible for the � default or failure to perform as required under the Cantract and Contract Documents by all i its subcontractors, suppliers, agents; or employees furnishing materials or pr�viding labor ii� i the perfarmanc� of the Cc�ntr�ct. i� i� 2. PAYMENT: The Contracfior and the Surety on this B�nd hereby agreed to pay all just claims submitted by persans, firms, subcontr�ctors, �nd corporations furr�ishing materials for or perfarming labor in the perfc�rmance af the Gc�ntract on acc�unt �f which this Bc�nd is giv�n; I including but not limited ta claims fiar �II amounts due for labar, materials, lubricants, ail, - , gasolin�, repairs an machinery, equipment, and taol�, consumed or used by the Contractor ;i or any subcantractar, wherein the �am� are not ��tisfi�d �ut af th� portiQn Qf the contract � price the Owner is required to retair� until cornpletian af the improvement, but the Contractor i and �urety shall nat be liab.le to said persons, firms, ar corporatians unless th� claims nf said '� � claimants against said partio�r of the contract price shall have been e�t�blished �s provided; !; by law, The Cnntractor and Sur�ty hereby bind th�mselv�s t� the obligatic�ns and conditi�ns ' set farth ir� Chapter 573 ofi the low� Code, which by this ref�rence is m�d� a parf hereof as �i though �ully �et out herein. � 3. MAINT�NANCE: The Cantr�ctc�r and th� Sur�ty c�n this Bond, her�by �gree, �t their c�wn ;; expense: ; i �' A. Tc� remedy any and all defects th�t may devel�p in ar result from work to be performed I� under the Contract Documents within the peri�d of tw� (2) year(s) from the date af '� �cceptance af the wark under the Contract, by reason of defects in w�rkm�nshi�, � equipment instaNN�d, or materi�l� used in constructian of��id work; I; i B. Ta ke�p all wc�rk in cantinuou� good rep�ir; and !� u � C. To pay the Owner's rea�onable costs of monitoring and inspectian ta a��ure that any i defects �re remedied, and to repay the Owner �II outlay and expen�e incurred as a � �result of Gontractor's and Surety's f�ilure tn remedy �ny defect as required by this � section: ' � Contractor's and �urety's Contract herein made extends t� defects in workmanship ar � materials nat discovered or known to the Owner at the time such work was accepted. � � � � �. GENERAL: Every Surety an this Band shall be deemed and held baund, any contract to the � contrary natwithstanding, to fihe following provisions: � � A. Ta consent without notice ta any extension af time autharized in approved change � arders to the Gontr�ctor in which to perfarm the Contract; a 1 � � i u � ; � ; i . , '� i� SECTION 00600 i� Page 3 ofi 5 � B. Ta consent without natice ta any chang� in the Contr�ct or Contract Documents, authorized in approved change ord�rs which thereby incre�ses the tot�l contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, I invalve an increase af mare than twenty percent (20%) of the total contract price, and i that this Band shall then be released as to such excess increase; j � C. To consent without natice that this Bond shali remain in full farce and eff�ct until the Gontract is completed, whether completed within the specified cantract periad, within II� an extension thereof, or within a periad of time after the contract period has elapsed '� , and the liquidated damage penalty is being charged against fihe Contractor. The C�ntractor �nd �very Surety an th� Band shall be deemed and h�ld bound, any cantract to the �j confrary notwifihstanding, to the fallowing provisions: 'i � D. That na provisian af this Bond or of any �ther contract shall be ualid that limits to I��s �� than five (5) years after the acceptance of the work under the Gontract the right ta sue j an this �and. ' �. That as used her�in, the phras� "all outi�y and exp�n�e" is nc�t ta be limited in any way, i but shall include the actuaf and r�asonable casts and exp�nses incurr�d by the Gwner including interest, benefits, and overhead where appiicable. Accardingly,"a!I outlay and expense" would include but not be limited to al( cantract or emplayee expense, all �; equipment usag� �r rental, materials, testing, outside experts, attarney's fee� (including 'u averhead expenses of the Owner's staff attorneys), and all costs and expenses af �li litigation a� they are ir�curr�d by th� Own�r. It i� intended the Contract�r �nd Surety ,� will`defend �nd indemnify th� Owner on all claims made against the Owner on account �� of Contr�ctor's failur� to per�orm as requir�d in the Contract and C�ntract Documents, that all agreement� �nd pramises set forth in the Gontract and Cantract Documents, in '� approved change arders, and in this Bond will be fulfilled, and that the Qwner will be ,� fully indemnified so that it will be put into the positi�n it wauld h�ve been in had the ;i � � Cnntr��c� been perform�d in the first instanc� as requir�d.� �� , In the event the t�wner incurs any "outlay and expense" in defending it�elf �gain�t �ny claim as ta which the Gontr�ctor or Surety shauld have provided the defen�e, or in the er�forcement of the ; � promises given by the Cantr�cfor irr the Cantract, Gc�ntr�ct Dacuments, c�r approved change c�rders, � nr in the enforc�:rnent of th� pr�mises given by the Contr�ctor �r�d Surety in this Bflnd, the � Contr�ctc�r and Surety agre� that they v,iill make the Owner whole far all such outlay and �xpens�, provided that the �urety's c�bligation und�r this Bond shall not exceed one hundred twenty-five � p'ercent (125%} of the penal sum of this Band. d In th� �v�nt that any actians or prc�ceedings are initiated reg�rding this Band, the parti�s �gree fih�t th� v�nue thereaf sh�ll be Dubuque Gaunty, State af lowa. If I�ga! action is required by the Own�r � ta enforce the provisions of this Bond ar ta coliect the monetary oblig�tion incurring to the benefit of � the Owner, the Contractar and the Surety agree, jointiy, and severaily, to pay the Owner all autiay and expense incurred therefor by the Owner. All rights, powers, and remedies af the Owner hereunder shall be curr�ulative and nat alternative and shall be in addition to all rights, powers, and rem�dies given tc� the Owner, by law. The �wner may proceed against surety for any amount � � � a ;� ,; � � 'i g a . , � � �r SECTION 0060Q Page 4 of 5 '� guaranteed hereunder whether action is brought against the Contractor or whether Contr�ctor is jain�d in any such acti�n{s) �r not. NOW THEREFORE, the conditian af this obligation is such that if said F�rincipal shall faithfully perform all the promises of the Principal, as set forth and provided in the Cantract, in the Cnntract Documents, and in this Bc�nd, th�n this obligatian shall be null and vaid, otherwise it shall remain in fuif farc� �r�d � �ffect. � � � � � When a wark, term, or phrase is used in this Bond, it shall be interpreted ar construed first as defined � in this Bond, the Gontract, or th� Cr�ntract Documents; sec�nd, if nc�t defined in the Bond, Gantr�ct, I ar Cantr�ct Documenfis, it shall be interpreted ar construed as defin�d in �pplicable provisions nf fih� a lawa Cade; third, if not defined in the lawa Code, if shall be in#erpreted ar construed according ta its �i generally accepted meaning in the canstruction indu�try; and faurth, if it has no generally accepted � � meaning in the construction industry, ifi shall be interpreted ar canstrued according to its c�mmon or ;� custam�ry usage. '; Failure ta specify or particularize shall not exclude terms or provisians not mentioned and shall nat ' limit liabiiity hereunder. The G�ntract and Cantract Dacuments are hereby made a p�rt of this Bond. ', � 'i; f'rc�j�ct Na: 2501�27 ? i � � Witness our hands, in triplicate, this ?Sth ��y �� Mar�n , 2018. I; Il �URETY COLJNTERSIGNEC? BY: Title ;i � FORM APP VED BY: � Signature ofAgent I , Printed Name of Agent Repres�n ative for Owner � � � S U RETY; ;i Campany Address � V�Iest Bend Mutual Insurance Company � Surety Company ��_�� City,State,Zip Code � � By: �,�.".�--� , 5ignature P,fifiorney-in-�act QfiFicer� � Company Telephane Number Andrew Hendricks PRINCIPAL: Printed Name ofAttorney-in-Fact C7fficer � TRICOR, Inc. Midwest concrete, znc. Company Name f- � Contractor � 600 Star Brewery Dr. Suite 110 �y�• �h"�� CnmpanyAddress � Sign re wner Dubuque, IA 52p01 Ryan Coates City,State,Zip Code Printed Name � 563-556-5441 Company Telephone Number � NUTE: s � � � � . � M � � P SECTION 00600 P�ge 5 �f 5 � , 1. All signatures �n this performanc�, payment, and mainfienance Bond must be original . signatures in ink; capies, facsimile, or electrc�nic signatures will not be �ccepted. � 2. This Bond must be sealed with th� Surety's raised, �mbossing �eaL ; 3. The name and signatur� af the �urety's Attc�rney-in-F�ct/Q�c�r entered an this Bond must � be exactly as listed on the Certificate ar Power of Attorney accampanying this Bond. �j i i , ___= END OF SECTION 00600 =___ !' i �� h � i I r: u ii � � n �i ;', �' ;; �� i �! ; J „ � i I i II ��i ii N ii i� i � P � ,� � � ;, � k �' 6 � � ... - � . ; Y �� '� �� T#-fE SILVCR LINING'& � � A MUTUAL INSURANCE COMPANY' � Bond IVo. 23�9�ss � POUVER OF ATTORNEY 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 ; �i I 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 bontls, ; undertakings and contracts of suretyship,provided that no bond or untlertaking or contract of suretyship executed under this authority �, Sh81)eXCeed il1 amOUnt the Sum Of: Seven Million Five Hundred Thousand Dollars($7,500,000) � ,I This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adoptetl I by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 21St day of December, ; 1999, I � Appointment ofAttorney-In-Fact. The president or any vice president,or any other offrcer of West Bend Mutual Insurance � Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the execution of and attesting af �!i bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby ,i and the corporate seal may be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any ',i 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 shal]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. ',j Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. .'i In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its presitlent undersigned and its corporate seal to be hereto duly attested by its secretary this 22nd day of Se tember,2017. � �A' ..�fi.:�7it�;ti ;" �j+�':a,l�td""i.: �,a"'��`�-ws° ,� �,h �,r.�-c`..'.--- j Attest ! �•. Christopher C.Z�c�vygart .�Q GO�O�T�'a' Kevin A.Steiner Secretary �.�,%5�A�:,��,� Chief Executive Officer/Pxesident ' ,.�.ti�,G,��.,;�€. I State of Wisconsin � ..._... County of Washington i, On the 22nd day of September,2017, before me personally came Kevin A. Steiner,to me known being by duly sworn,did depose and ' say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insuranee 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 directors of said corporation and that he 1 signed his name thereto by like order. ,.•,� ;F��., r ,.�' �%� '% �, � u�� ' � �� .� r,- ':'',a�>rhr��'�". Juii A nedurn =,u;,'. �'uri_;e,ti.: Senior orporate Attorney � '-;%rF , .,•�C�i�:' Nota Public Washington Co.,WI .�r��s�,. �' ' •�� My Commission is Perrnanent 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 Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoketl and that the Resolution of the Boartl of Directors,set forth in the Power of Attorney is now in force. Signed antl sealed at West Bend,Wisconsin this Zsth day of March , 2o�s � r��v��u� �� , � . << �,'°,�� eF��f � � �� ..t� � � �j''r/ ^`r- >.,,-_.. ; y� . . ; i`�``,. r .. �;��5�ta.�,a�� Yl��thex Dunn � �r��' L �4'':. Y, ' 'I `'?v!''" � Vi�e i'resident—Chief Financial Officer � Notice: Any questions concerning this Power af;A�tor7b�y i�z�y ba�r;�ir�,cted ta the Bond Manager at NSI,a division of West Bend j Mutual Insurance Company. � a 1900 S. 18��Ave. West Bend,WI 53095 � ph(2.6��3'34��i�+3f) �. ;:$UJ-23G-5004 � fax(262) 338-5058 � www.tl�esilveilining.com j i 's i