Improvement Contract_Dubuque Barge and Fleeting Service Company for the 2024 Maintenance Dredging Project #1 Copyrighted
May 20, 2024
City of Dubuque Consent Items # 022.
City Council Meeting
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUM MARY: Dubuque Barge and Fleeting Service Company for the 2024
Maintenance Dredging Project#1.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Dubuque Barge and Fleeting Service Company Supporting Documentation
sEcr�oN oa�oo
Page � of�
PUBLIC IMPROVEMENT CaNTRACT
SECTIQN 00500
2024 MAINTENANCE DREDGING PR�JECT #'I
THIS IMPR�VEMENT CQNTRACT (the Cantract}, made in tiriplicat�, dated for references
purposes the 7th day of Mav , 2D24 befween the City of ❑ubuque, 1owa, by its City Manager,
through authority conferred upon the City Nfanager �y its City Ca�ncil {C€ty), and Dubugu� Barae
and FEeetir�q Service Companv DIBIA Newt Marine Service �Contractor).
F'or and in consideration of the mutual covenants herein contairted, the parties h�reto agree
as follows:
CONTRACT4R AGREES:
1. To furnish afl materia! and equipment and fio p�rFarm all lab�r rt�cessary for the 2024
MAINTENANCE DR�DGING PROJECT#1 (Project).
2. CONTRACT DOCUMENTS
A. The Contract Docum�nts consist of the following:
1. Project Title Page (Sectian 001 QQ).
2. Project Direc�ory Page (Section �4101).
3. This Public Improvement Contract (Sectian 0050�).
4. PerFarmance, Payment, and Maintenance Bond (Seckifln OO�QO).
5. Out-of Sfate Carttrac�ar Band (Section 006�4).
6. �ther Bonds:
a. (Bond Name} {pages_to_ , inclusive).
b. (Bond Name) (pages�,to� , inclusive).
c. (Bond Name) (pages_to_ , inclusive).
7. The lowa Statewide Urban D�sign And Specifications (SUDAS) 2023 Edition.
8. CITY OF DUBUQUE Supplernen#al Specifications 2023 Edition.
9. Other 5tandard ar�d 5uppfementary Specifcatians as listed on t1�e Title Page of the
Cor�tract Document Manual.
14.Special Pro�isians included in the project Contract Doeument Manual.
11.Drawings —Sheef No. through N�. (00 pages) ar drawings cansisting of
sheets b�ar�t�g the �ollowFng ger�eral #itle: ALL
12.Addenda {numbers_to^ , inclusive).
13.Insurance Frovisians and Requirements 4Section 007'00).
�4.5ales 7ax �xemption Cer�ifica�e (Section Oa750).
15.Site Condition Ir�formatio� (Sectior� D077�).
16,Construction Sch�dule and Agreed Cost ofi Delay {Section OD800).
17.Erosion Contro! Certificate (Sect�on ��900},
sECTiaN oo�ao
Page 6 af 6
18.Consent Decree (Section O�OOD),
19,�ther Prajecf Information and Permits (Sections D110� - OQ0�0).
20,Exhibits to this Contract ��numerated as fallaws):
a. Cor�tractor's B�c� (pages to �nclusive).
b. Bidder Status Form �Sectian 004fi�).
c. The following documer�tation that m�st be submitted by Contractar prior to Notice
af Award.
i. Contractor Backgr�und Information Form (Section Q0470100479)
ii,
iii.
21.The following which may be delivered or issued on or after tf�e Effeckive ❑ate of the
Agreement:
a. Notice to Proc�ed �Sectian �085D).
�. Project CerEification Page �Sectian 00902).
c. Change Qrders (No# a€tached to this agreement).
There are no other Contract Documents. The Contract Documents may only be arnended,
modified, or supplemented as pravided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be instail�d in accardance with the Contract Dacuments.
4. The Cnntractor must remove any materiais rejecfed by th� City as defec�ive ar improper, or
any af said work cor�dem�ed as unsuitable or defective, and the same �nust be rep�aced or
redo�e to the satisfaction of th� Ci#y at the sole cost and expense of the Contractor.
5. Fiva �ereent (5%) of the Confract priee will be retained by the City far a period of thirky �3D}
days after finai campletion and accep�ance of the Project by the City Council ta pay any claim
by any party that may be filed for labor and materials done and furnished in connectian with�
the performance of this Contract and far a longer period if such claims are not ad�usted within
that thirty (3�) day period, as provided in lowa Code Ci�apter 573 or lowa Cade Gha�ater 2f.
The Gity wili also retain additional sums to protect itse�f against any claim that has been file�
against ifi fio�dama�es to persons or praperty arising through the �rosecution of the work ar�d
such sums will be held by the City until such claims ha�e been settled, adj€�dicated or
otherwise disposed of.
fi. The Gontractor has read and understands the Contract Documents herein referrad to and
agrees not to plead misunderstanding or deception r�fated ta estimates of quantity,
character, Iacatian ar other canditians for the Project.
7. In addition to any warranty pravided far in �he specifications, the Contractor must also fix any
other defect in any par� of the Project, even if th� Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will �e security for a period of twv years
after the issuance of the Certificate af Substantial Camp[etion.
8. The Contractor must fully carnpl�t� the Project under this Contract an or before the date
indicated in the Gonstruction Schedule and Agreed Cflst of Delay Section of the Cor�tract
Docurnents.
SECTlON Q�SQ�
Page 3 of 6
9. INDEMNI�ICATiQN FROM THIRD PARTY CLAIMS. To the fullest extent p�rmiited by law,
Contractor shall defend, ir�demnify and hold i�armless City, its officers and emplayees, fram
and against all claims, damages, losses and ex�enses claimed by third parties, but not
ir�cEuding any claims, damages, loss�s or expenses of the parties to this Contract, including
but not limited to attnrneys'fees, arising aut of or resulting from perfarmance of this Cantract,
provided that such claim, damages, lass ar expense is attributable to b�diiy injury, sickness,
disease ar deat�, or injury #o or destruction of proper�y, including loss of use resulting there
from, but nnly ta the �xtent caused in whole or in part by negligen� acts or amissions af
Contractor, or anyone directly or indirectly employed by Contractor or anyane for wnose acts
Contractor may be liable, regardless af whether ar not such claim, dama�e, loss ar�xp�nse
is caused in part by a par�y indemr�ified hereunder.
10. The Contractor hereby represents and guarantees that it has nat, nor has any other person
for or in its bel�alf, directly ar indirectly, ent�r�d inta any arrangeme�t or Con�ract with any
o#her Bidder, or with any put�lic afFicer, whereby it has paid or is ta pay any ather Bidder or
p�biic afficee any sum af money or anything of value whatever in order to obtain this Cantract;
and it has nat, nar has anather person for or in its behalf directly ar indirectiy, entered into
any Contractar arrangement with any ather persnn, firm, corporatian �r association which
ter�ds to or does lessen or destroy free competition in the award of this C4ntract and agrees
that in case it her�after ba established that such representations or guarantees, or any af
them are false, it will forfeit and pay nflt less than ten percent (10°/a) af the Contract price but
in na event less than $�,000.00 (Tw� Thousand Dollars)to the City.
11. The surety on tF�e Bond furnis�ed for this Cantract must, in addition to a!I other provisions,
�e obfigated to the extent provided for by lawa Code 573.6 rela#ing ta this Confract, which
provisions apply to said Bond.
, ,
.
13. The Project must be constructed in stricf accor�ance with the requirements of tf�e laws of the
State of lowa, and the United 5tates, and ordinar�c�s af ti�e City o� Dubuque, and '[n
accordance with the Contract Documents.
A. A�I applicable standards, orders, or re�gulations issued pursuant to the Clean Air Act af
�970 (42 U. 5. C, 1958 (H) et. seq.) and the Federal Water Pnllution Act (33 U, S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulatic�ns (40 CFR, Part f 5). Contractor m�st comply with Sectian 103 and
107 afi the Contract Work Ho�rs and Safety Standards Act (44 USC 327-330) and
Department af Labor Regulations �29 CFR, Part 5).
B.
,
Cnrl.�rnl }fklvr<a I7o�ormir�.�4ir�n �r�r FF�in �rninnfi
C.
,
,
D. The City of �ubuq�e in accordance with Tit�e VI of the Civil Rights Act af 1964, 78 Stat.
252, 42 IJ.S.C. 20a0d-20DOd-4 and Title 49, Cade �f Federal Regulat�ons, Departrnent
SECTION 005U0
Page 6 of 6
af Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
F'ederally assisted pragrams of the Departmen# of Transportation issued pursuant �o
such Act, hereby notifies all bidders that it will aifirmatively insure that in any cor�track
entered into p�rs�ant ta this advertisement, minority business enterprises will be
af�orded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds af race, calor, national origin, sex, age, or disability
in consideration far an award.
CONSENT DECREE
REL,ATING TO THE PR�JECT
1A�, � THIS CONTRACTQR IS PER�ORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
TH� WATER & RESOURCE REC�VERY CENTER OR THE SANITARY SEWER
COLLECTIQN SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTEON AR�
APPLICABLE.
CITY CQNTRACTOR
� THIS CONTRACTOR IS NOT PERF4RMING INORK FOR THE CITY 4F DUBUQU�
RELATED 70 THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The Ci#y has entered inta a Consent Decree in the case of The United States of America, and the State
of lowa v. The City af Dubuque, lowa, Ci�if Action Number Case 2:11-c�-01011-�MJ, Civil Action
Nurr�ber 2008V00041, DOJ Case Number 90-5-9-1-09339, United States District Court for the Northern
District of lowa. Th� pravisians of the Consent Decree apply to and are binding upon the City and its
afficers, directors, ernployees, agents, servants, successors, assi�ns, and alf perso�s, firms and
corporations under contract with tF�e City to perform the abligations of the Conser�t Decree.
The CEty is required to provide a copy of the Consent Decree to any contractor or consultant retained to
�erform work required by the Consent Decree.
A capy of the Consent Decree is included in the Cantract Dacuments and can be viewed at
htt :Ilwww.cit ofcfubu ue.or lDocumentCenkerlHomeNiewl3�73. A hard copy t5 a�ailabae upon
request at th� City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
perFormance af the work in conformity with the pro�isians of fhe Consent Decree.
The Consent Decree also provides that until fi�e (5) years after the termination of the Consent Decree,
the City rnust retain, and must instruct tts con�ractors and agents to preserve, all non-Edentical capies of
alf docume�ts, reporks, data, records, or other information (including documents, records, or o�her
information in electronic form) in its or its contractors' or agents' possessian or controf, or that come into
its or its contractors' or agents' possession or confrol, a�d that relate in any manner to the City's
perforrnance of its obligations under this Consent Decree, inclu�ing any underlying research and
analytical data. This information-reten#ion period, upon request by the United States or the Skate, the
City must provide copies of any documents, re�orts, analytical data, or other infarmatian required #o be
rr�aintained under the Consent Decree. At the conclusion of the informa#ion-retention period, the City
SECTION 00500
Page 5 of 6
must nofify the United States and the State at least ninety {90) Days prior to the destructifln of any
documents, records, ar other information subject to such requiremenks ar�d, �pon request by the United
States ar the State, the City must deliver any such documents, records, or other infarmatian ta the EPA
ar IDNR.
CERTIFICATE�N BY CDNTRACTOR
The undersigned, on behalf of the Contractar, with full authority to act on behalf of the Contractor,
certifies to the City af Du�uque as fallaws:
1 . I ha�e received a copy of the Consent Decree in the case of The United States of
America, and the 5tate of la�+va v. Th� City of Dubuque, lowa, Civil ActEan .Number
Case 2:1 �-cv-Q101 �-EMJ, Civil Actian Nurnber 2008V00041, DOJ Case Num�er 9�-
�-1-1-09339, United Stat�s District Court far the Northern Dis�ricfi af lowa.
2. All work pertnrmed will be in conformlty with fhe pr��isians of t�e Cor�sent Decree,
� 3. All dacuments reports, data, records, or other infarmation (including documenks,
records, or other in#ormation in electronic form) that relate in any rnanner to ths
perform�nce af Qbligatians �nder the Cansent D�cr�e, includir�g any underfying
research and anaiytical data, wil� be retained as required by the Consent Decree.
4. The Contractor agrees ta defend, indemnify, and hold harmless the City, its officers,
agents, or employees fram and agai�st any c[aims, including penalties, costs and fees
as provided in the Consent Decree, relating #o or arising out of the Confrac#or's failure
to camply with the Consent Decree.
CONTRACTOR:
Contractor
By: NIA
S�gnature
Printed Name �
Title
Qake
s�cTioN oa�oo
Page 6 of 6
THE CITY AGREES:
15. Upon the com�ietian of the Contrac#, and the acceptance af the Project by t]�e City Council,
and subject to the requir�ments of law, the City agrees to pay fhe Contractor as full
compensation for the cflmplete performance of this Contract, the amaunt determined for the
total work campleted at the �rice(s) stat�d in #he Confractor's Bid Proposal and less a�y
Agreed Cast of Delay p�ovided for in the Contract Documents.
CONTRACT AMOUNT $312,000.04
CITY OF DUBUQIJE, lQWA:
City Mana�er's �ffice „_._�
Department L
By:_
Signature
Michael C. Van Milligen
Printed Name
Cit Mana er
T�tis �
�.� 1 � �
Dafe / �
CONTR.ACTOR:
Dubuque Barge & Fleeting Service Co. D1BIA Newt Marine
Cantractar
Bv� �d ��.,� ���./
s�g �cu
_M�-���s �. M���,�y
Printed Name ,
(�C N F e-!}-C /��4NR—ryr iZ
Ttle
_ �'I�f �2u ��
Date
-__= END OF SECTION 00500 =-_-
Bond No. 100902544 SECTION 00640
Page 1 of 4
PERFORMANCE PAYMENT AND
sECT�oN oosoo
KNOW ALL BY THESE PRESENTS: I
That we, Dubu ue Bar e and Fleetin Service Com an DIBIA New Marine Service as Principal
(hereinafter the "Contractor" or "Principal") and
Meref�ants Bonding Company (Mutua�) , as 5urety are held and firmly bound unto the City
of Dubuque, lowa, as OblEgee {hereinafter referred ta as "Owr��r"), and to all persons who may be
injured by any breach of any of the cond�tions of�his Bond in the pe�al surr� otThree hundred twelve
thousand dol[ars and zero cents ($312,000.00), [awful money of the United States, for the payment
of which sum, we�l and truly to be made, we bind ourse3ves, our heirs, [egal representati�es and
assigns, join#ly or severally, firmly by these presents.
The condifians of the above obligations are such that whereas said Contractor entered into a contract
with the �wner, �earing date the 7fh day of Mav, 2024, (hereinafter the "Con#ract") wherein said
Contractor undertakes and agrees to construct the fiollawing project in accardance with the Contract
Documents, and to faithfully perform all the terms and �equirements of said Contract within #he time
therein specified, in a goad and woricmanlike manner, and in accordance with the Contract
Dacuments. The Contract Documents for 2024 Maintenance Dredqinq Proiect#1 detail the following
descrihed improvements:
The scope of the project is as follows: Perform dredging at Dubuque Marina. The
dredge ma#erial {approx. 8,200 CY} wil! be mechanically remo�ed, load�d onto a
material barge, and transpo�ted to a contractor provided, and r�gulatory permitfec[
disposal location. The dredge spoi! maferial will be offloaded from the material barge
to the approued disposal site.
It is expressly understood and agreed by the Contracfor and Surety in fhis Bond fhat the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-w�f:
1. PERFORMANCE: The Con#ractor s�all well and fai#hfully obser�e, perform, fulfill, and abide
by each and every ca�enant, condifior�, and par# af said Contrac# and Contract Documents,
by re#er�nce made a part �ereof, for the praject, and sha[I indemnify and sa�e harmless fhe
Owner from all oufEay �nd expense incurred by the Owner by reason of the Contractor's
default of fiail�are to perform as required. The Contractor shall afso be responsible for the
default or failure to perform as required under the Con#ract and Contract Documents by all
its subcontractors, suppliers, agents, or employees fiurnishing mater[als or pro�iding labor in
the performar�ce of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agr�ed to pay all just claims
submitted by persans, firms, subcontractors, and corporations fiurnishing materials for or
performing labor in the performance af the Contract on account of which this Bond is given,
including buf not limited to claims for all amounts due for labor, materials, [ubricants, ail,
gasoline, repairs on machinery, equipment, and toals, consumed or used by t�e Contractor
or any subcantrac#or, wherein the same are not satisfied out of fhe porkion of the contract
price the Qwner is required to re#ain until camplefion of the improvement, but the Contractar
sEcr�ory oosoo
Page 2 of 4
and Sur�ty shall not �e �iable ta said persons, �irms, or corporations unless tFte claims of said
claimants against said por�ior� of the contract price shall have been established as provided
by law. The Contracfor and Surety hereby bind thems�l�es to the obligations and cflnditions
set forth in Chapter 573 of the fowa Code, which by �his reference is made a part hereof as
ti�ough fully set out herein.
I
3. .
e-�
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Pf-I-I-I-IqYYli�n� in�����or� nr m7}nrio�c i icord in nnnntri inki.-.r� f 'rJ L•
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4. GENERAI.: Every Sure#y on this Bond shall be deemed and held bound, any contracfi to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any �xtension of time authorized in approved change
orders to the Contractor in which fo perForm the Contract.
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders whicf� thereby increases the total contract price
and the penal sum of fhis Bond, pro�ided that all s�ch changes do not, in the aggregate,
invol�e an increase of mor� t�ran twenty percent (20%} of the total contract pric�, and
that this Band shall then be reEeased as to such excess increase.
C. To cans�nt withouf notice thaf th�s Bond shal� remain in fufl force and effect until t�e
Cor�tract is completed, whether compfeted within the specified contract period, wi#hin
an ext�nsifln thereof, or within a period of time after the contract periad has elapsed
and the liquidated damage penafty is be�ng charged against t�e Contractor,
The Contractor and every Surety on the Bond shall be deemed and hefd bound, any contract to the
contrary notwEthstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years af�er the acceptance of fhe work under tl�e Contract the right to sue
on this Bond.
S�CTION 00600
Page 3 of 4
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way
�ut shall inc�ude the actual and reasonable casts and exper�ses incurred by the Owner
including interest, benefits, and o�erhead where applicable. Accordingly, "all outlay ar�d
expense" would includ� but not be limited to all contract ar employee expense, aIl
equipment usage or rental, materials, test�ng, autside exper#s, aftamey's fees (incluc{ing
overhead expenses of the Qwner's staff attorneys), and all costs and exper�ses of
litigation as they are inc�rred by the Owner. It is intended the Contrac�or and Surety
will defen� and indemnify the Owner an all claims made against the Qwner on account
of �anfractor's failure to perform as required in the Contract and Cantract Documents,
that all agreemer�ts and pramises set forth in the Contract and Contract Documents, in
approved change orders, and in �his Bond will b� fuffilled, ar�d thaf the Owner will be
fully indemnified so that it will be put into the position i� would ha�e b��n in had the
Contract been p�rformed in the first insfance as required.
In fihe event fhe Owner incurs any "outlay and expense" in defending itself against any claim as to
wF�ich the Contractor or Surety should have provided the defense, or in the �nforcemen� ofi the
promises gi�en by fhe Contractor in tF�e Contract, Contract Documents, or a�pro�ed change orders,
ar in the enforcement of the promises given by the Cantractar ancf Surety in this Bond, the
Cant�-actor and Surety agree that fhey will maEce the Owner whole for all such outlay and expense,
provided tha� the 5urety's obligatifln under this Bond shall not exceed one hundred twenty-�i�e
percen# (125%} of the penaf s�m of this Boncl.
!n the evenf that any actiarts ar proceedings are initiated r�garding this Bond, the parties agree tha#
the ven�e thareof shall be Dubuque Caunty, Stafie of lowa. If legal action is required by t�e Owner
ta enforce the provisjons of ti�is Bond or to co!lect the monetary obligation incurring to �he henefit of
the Owner, the Contractor and the Surety agree, jointly, and se�eralfy, to pay fhe Owner all oufilay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall b� cumulafEve ancf nflt alfernative and shall be in additian to afl rights, pawers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought agai�st the Contractar or whether Cor�tractor is
jo�ned in any such action(s) or nat.
NOW THEREFORE, the conditia� of this abligation is such that if said Principal shall faithfully perfarm
all the promises ofthe Principal, as set farth and provided in the Contract, in the Contract Dacuments,
and in this Bond, then this obligation s�all be null and voicf, otherwise it shall remain in full force and
effec�.
When a work, term, or ph�ase is used ir� this Bond, it shall be inferprefed or construed firsf as defined
in this Bond, the Contract, or the Contract Documents; second, if not defi�ed in the Bond, Contract,
or Contract Documen�s, it shall be interpreted or construed as defined in a�plicable provisions of the
lowa Cade; third, if not defined in the lowa Cade, it sha�l be interpreted ar construed according to its
generally accepfed meaning in the construction intfustry; and fourki�, if it has no generally accepted
meaning in the construction industry, i# shall be interpreted or canstrued accordi�g #o its common or
customary �sage.
Failure to specify or particularize shall not exclude terms or provisions not mentianed and shall not
limit fiabiGty hereunder. The Contract and Con#ract Dacuments are hereby made a par� of this Bond.
SECTION 00600
Page 4 of 4
Project Na.
Witness our hands, En triplicate, tnis 8th day of May , 2024.
SURETY COUNTERSIGNED BY: Title
FORM APP ED BY:
Signature of Agent ..
Daniel P. Curran, Attorney-In-Fact [�epresenta' e for ownar
Printecf Name af Agent
220 Emerson Pl., #200 SURETY:
Company Address MercF�ants Bonding Company (Mutual)
Davenport, IA 528fl1 Surety Company:
City, 5tate,Zip Code �°
�y: �G'`�e_�i�' � G��z�
563-322-3521 Signature Ai#orney-in-�act Officer
Company Telephone Num�er Daniel P. Curran, Attorney-In-Fact
Printed Narne of Attorney-in-Fact Officer � �
PRINCIPAL:
Dubuqu� Barge & �leeting Service Company Arthur J. Gallagher RMS, Inc.
DIBIA N�wt Marine Servi e Company Nar-ne
Contractor 220 Emerson PI., #2a0
BY� Company Address
Signatur
Cr f�� ,� !� W� Davenport, IA 52801
�' T 1�� Ciry, 5tate,Zip Code
Printed fVame
563-322-3521
Company Telepf�one Number
NOTE:
1. Ali signatures on t�is perFormance, paymenf, and maintenance Bond must be
original signatures in ink; cap�es, facs[mile, ar e[ectronic signatures will nat be
accepted.
2. This Band must be sealed with th� Surety's raised, embossing sea[.
3. The name and signature of the 5urety's Attorney-in-FactlOfficer e�ttered a� this
Bar�d must be exactiy as listed on the Certif�cate or Pawer af A�torney
accompanying this Band.
_—== END OF SECTION fl0600 =___
�El�CHA�TT��
BONDING C4MPANY,.,
POWER OF ATTORNEY
Know All Persons By TY�ese Presents,that MERCHAN75 gONDING COMPAiVY({J�UTUAL}and MERCHANTS NATEONAL BONDING, WC.,
both being corporations flf the State of lowa,dlbla Merchants National Indemnity Gompany(in Cafifarnia only)(herein co€lectivefy called the
"Companies°)do hereby make,cons#itute and appoint,individually,
Carol VanHoore6e�k;Cheryl Harless; 17aniel P Curran; Deborah M Taylor;Glen Hummel;Jeffrey R Miller; Kevin P O'Hara;Phyllis Schwindt
their true and lawful Attorney{s)-in-Fact, to siga its naine as surety(ies) and to execute, seal and acEcnowiedge any and all bonds, undertakings,
contracts and ather written instrurnents In the nature thereof, on behalf of the Companies in their business of guarantseing the fidelity of
persons, guaranteeing the pefformance of contracts and executing or guaranteeing bands and undertakings required or penniited in any actians
or proceedings alfowed by law.
This Power-of-Attorney is granted and is signed end sealed hy facsimile under and by authority of the fol�owing By-Laws adopted by the Soard
of Direciors of NEerchants Bonding Company (Ncutual) on April 23, 2�11 and amended A�gust 14, 2015 and adopied by fhe Board of Directors of
MerchantsNational Bonding, Inc.,on October 16,2015.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall [�ave power and
authority to appoini Aitorneys-in-F�act, and to authorize thern to execute on behalf of tEie Company, and aftach the seal of the Campany thereto,
bonds and undertakings,recognizances, contracts of indemnity and otherwritings abligafory in tf�e nature thereof."
`The signaWre of any auihorized off€cer and the seal of the Campany may i�e affixed by facsimile or electronic transmissfon to any Power of Attorney
or Certification thereof authorizing the axecution and delivery of any t�ond, underfaking, recognizance, or other suretyship oBligations of the
Cornpany,and such signature and seal when so ttsed shall ha�e the same force and effect as thaugh manually fixed."
In connection with obfigations in favor of the Florida Department of TransportatEon only, it is agreed that the powar and aut hority hereby gi�en io fhe
Attorney-in-Fact includes any and all consents for the release of retained percentages andlor final �stimates on enginearing and canstruction
�ontracts requir�d by the Staie of Florida Department of Transpor[ation. It is fully understood that consenting to the Staie ofFlorida �eparEment
of Transportation making payment of the finai estimate to the Contractor andlor its assignee, shall not reEieve this surety company of any of
its obligations under its bond.
In connection with obligations in favor of th�Kentucky Department of Highways only,it is agreed that tlie power and authority hereby given
to the Attomey-in-Fact cannot be modified or revoked unless prior writtert personal notice of such infent has been given fo the Commissioner-
Department of Highways of the Commanwealih of Kentucky at lea5t thirty(3a)days priorto the modification ar revocafior�.
In�tness Whereof,the Companies ha�e caused this instrument ko be signed and seafed this 3rd day of February , 2024 .
,.�,,,
`��,Q,�� N�<.. • O �� MERCHAN'TS SONDING COMPANY(1VIUTUAL)
� �' ��\l�..., C1�`•
:.�'', pa _, �.� �p�•'. ' /j�A•. MERCHANTS NATIpNAL BpNpING,1NG.
`�pj.,G�� R,9�,.OZ y .� �p����jq�9��, dlhla MERCHAN7S NATIONAL INDEMNliY CE�MPANY
:�:Z _p- �'.O: ;r�'-:� _o_ rn. .
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*�•. 2Q03 ;�; :y'• �933 :c. By
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,�l�fj'''�"'��J �' �`.'��y�::;.':.\1�•� Presidenf
STATE QF IOWA • '' •
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COUN7Y OF �ALLAS ss.
Or�this 3rd day of February 2024 , before me appeared Larry Taylor, to me personally known, who being by me du[y sworn
did say that he is President af MERCNAN75 gOEV�ING COMPANY (MUTUAL) and MERCHANTS NA7IONAL BON�ING, INC.; and that the
seals affixed to the foregoing €nstrument are the Corporate 5eals of fhe Companies; and that the said instrument was signed and sealed in behalf
of the Campanies by authority of their respecti�e Boards of Directors.
-�--_'� �-�-
,��-�''�LS Penni Miller �� ---�---,�� +
z�r Commission I�um6er787952 a� �-�._ ��"�•-�
• • My Commission Expires ` "� `
+OWA January20,2fl27 '�. �, �� ���;"
`--. �-=�- ��`"�'_�~`'11,.
(Expiration of notary's commission does not invalidate fhis instrument}
I,William Wamer,Jr.,Secretary of MERCHANTS BONDING COMPANY{MUTUAL}and MERCHAN�S NATIONAL s�N�ING,INC.,do hereby
cer[ify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Gornpanies,wtiich is sti[I in full
force and effect and has not been amended or re�oked.
In Witness Whereof, I hav�:hereunto set my hand and affixed the seal of t�e Campanies on this Sth day of May ,2024 .
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:Y' 20�`s ;,�j;� ��'� 1133 ;'�' Secretary
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POA D018 {1124) 'A"'•`••"' f•••.•