Improvement Contracts / Performance, Payment, andCity of Dubuque
City Council
CONSENT ITEMS # 15.
Copyrighted
October 21, 2024
ITEM TITLE: Improvement Contracts / Performance, Payment, and
Maintenance Bonds
SUMMARY: Valentine Construction Co. for the Bunker Hill Golf Course
Sinkhole Remediation Project; Peerless Well & Pump for the
2024 Well No. 7 Rehabilitation Project Phase 2.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. Bunker Hill Golf Course Sinkhole Remediation Project
2. Well No. 7 Rehabilitation Project Phase 2
Page 317 of 1713
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
BUNKER HILL GOLF COURSE SINKHOLE REMEDIATION PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 1st day of October, 2024 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Valentine
Construction Co. (Contractor).
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 perform all labor necessary for the BUNKER
HILL GOLF COURSE SINKHOLE REMEDIATION PROJECT (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out -of -State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages to , inclusive).
b. (Bond Name) (pages to , inclusive).
C. (Bond Name) (pages to _ , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 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 Manual.
11. Drawings —Sheet No. through No. (00 pages) or drawings consisting of
sheets bearing the following general title: ALL
12.Addenda (numbers 1 to 1 , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15. Site Condition Information (Section 00775).
Page 318 of 1713
SECTION 00500
Page 2 of 6
16. Construction Schedule and Agreed Cost of Delay (Section 00800).
17. Erosion Control Certificate (Section 00900).
18. Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 01100 - 00000).
20. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00470/00471)
ii.
iii.
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).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, 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 must be installed in accordance with 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%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any claim
by any party that may be filed for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26.
The City will also retain additional sums to protect itself against any claim that has been filed
against it for damages to persons or property arising through the prosecution of the work and
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to 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 Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
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.
Page 319 of 1713
SECTION 00500
Page 3 of 6
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
Documents.
INDEMNIFICATION FROM THIRD 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, damages, 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 indirectly employed by Contractor or anyone for whose acts
Contractor may be liable, regardless of whether or not such claim, damage, loss or expense
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
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;
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 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 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.
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 Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
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 Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
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
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. The City and the Contractor agree to comply with all provisions of the Davis -Bacon
Federal Prevailing Wage Act, and related labor requirements and regulations and the
Federal Wage Determination for this Project.
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, Sections 606(a) and (b).
Page 320 of 1713
SECTION 00500
Page 6 of 6
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
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
X THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the State
of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of Iowa. The provisions 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 Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www.cityofdubugue.orq/DocumentCenter/HomeNiew/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work 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 contractors and agents to preserve, all non -identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
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
Page 321 of 1713
SECTION 00500
Page 4 of 6
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 (90) 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 IDNR.
CERTIFICATION BY CONTRACTOR
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:
I have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-
5-1-1-09339, United States District Court for the Northern District of Iowa.
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,
records, or other information in electronic form) that relate in any manner to the
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 fees
as provided in the Consent Decree, relating to or arising out of the Contractor's failure
to comply with the Consent Decree.
CONTRACTOR:
N/A
Contractor
By:
Signature
Printed Name
Title
Date
Page 322 of 1713
SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. Upon the completion 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 for the complete performance of this Contract, the amount determined for the
total work 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.
CONTRACT AMOUNT $ 35,975.40
CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
By:
Signat
Michael C. Van Milligen
Printed Name
City Manager
Title
C�
Date
CONTRACTOR:
Valentine Construction Co.
Contractor
By.5amzza g
Signature
Samuel J Valentine
Printed Name
Owner
Title
10-01-2024
Date
==== END OF SECTION 00500 ====
Page 323 of 1713
Bond Number: 5400081 SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Valentine Construction Co., as Principal (hereinafter the "Contractor" or "Principal")
and Developers Surety and Indemnity Company , as Surety
are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond
in the penal sum of Thirty-five thousand, nine hundred seventy-five dollars and forty cents
($35,975.40), lawful money of the United States, for the payment of which sum, well and truly to be
made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by
these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract
with the Owner, bearing date the 1st day of October, 2024, (hereinafter the "Contract") wherein said
Contractor undertakes and agrees to construct the following project in accordance with the Contract
Documents, and to faithfully perform all the terms and requirements of said Contract within the time
therein specified, in a good and workmanlike manner, and in accordance with the Contract
Documents. The Contract Documents for BUNKER HILL GOLF COURSE SINKHOLE
REMEDIATION PROJECT detail the following described improvements:
Project consists of constructing mitigation measures to excavate, seal off, and
construct a reinforced concrete cap over the top of a lead mine sinkhole shaft
located at 2200 Bunker Hill Road, in Dubuque, Iowa.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract and Contract Documents,
by reference made a part hereof, for the project, and shall indemnify and save harmless the
Owner from all outlay and expense incurred by the Owner by reason of the Contractor's
default of failure to perform as required. The Contractor shall also be responsible for the
default or failure to perform as required under the Contract and Contract Documents by all
its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in
the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor in the performance of the Contract on account of which this Bond is given,
including but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor
or any subcontractor, wherein the same are not satisfied out of the portion of the contract
price the Owner is required to retain until completion of the improvement, but the Contractor
and Surety shall not be liable to said persons, firms, or corporations unless the claims of said
claimants against said portion of the contract price shall have been established as provided
Page 324 of 1713
SECTION 00600
Page 2 of 4
by law. The Contractor and Surety hereby bind themselves to the obligations and conditions
set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as
though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be performed
under the Contract Documents within the period of two (2) year(s) from the date of
acceptance of the work under the Contract, by reason of defects in workmanship,
equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract.
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the aggregate,
involve an increase of more than twenty percent (20%) of the total contract price, and
that this Bond shall then be released as to such excess increase.
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, 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 after the acceptance of the work under the Contract the right to sue
on this Bond.
Page 325 of 1713
SECTION 00600
Page 3 of 4
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way
but shall include the actual and reasonable costs and expenses incurred by the Owner
including interest, benefits, and overhead where applicable. Accordingly, "all outlay and
expense" would include but not be limited to all contract or employee expense, all
equipment usage or rental, materials, testing, outside experts, attorney's fees (including
overhead expenses of the Owner's staff attorneys), and all costs and expenses of
litigation as they are incurred by the Owner. It is intended the Contractor and Surety
will defend and indemnify the Owner on all claims made against the Owner on account
of Contractor's failure to perform as required in the Contract and Contract Documents,
that all agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Owner will be
fully indemnified so that it will be put into the position it would have been in had the
Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change orders,
or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform
all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents,
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined
in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract,
or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the
Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally accepted
meaning in the construction industry, it shall be interpreted or construed according to its common or
customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Page 326 of 1713
SECTION 00600
Page 4 of 4
Project No.
Witness our hands, in triplicate, this 1st
SURETY CO NTE SIGNE BY:
§7ic natu e of Agent
Tina Bockholt
Printed Name of Agent
3737 Woodland Ave. Suite 505
Company Address
West Des Moines, IA 50266
City, State, Zip Code
888-435-4191
Company Telephone Number
PRINCIPAL:
Valentine Construction Co.
Contractor
By:
Signature
mow►,4cf S WC✓I hhz
Printed Name
NOTE:
day of October
2024.
Title
FORM OVED BY:
Repfesentative for Owner
SURETY:
Developers Surety and Indemnity Company
Surety Company
By:
S' ure Attorney -in -Fact Officer
Zach Matter
Printed Name of Attorney -in -Fact Officer
Zip Bonds, LLC
Company Name
3737 Woodland Ave. Suite 505
Company Address
West Des Moines, IA 50266
City, State, Zip Code
888-435-4191
Company Telephone Number
1. All signatures on this performance, payment, and maintenance Bond must be
original signatures in ink; copies, facsimile, or electronic signatures will not be
accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this
Bond must be exactly as listed on the Certificate or Power of Attorney
accompanying this Bond.
==== END OF SECTION 00600
Page 327 of 1713
POIVER OFATTORNEF FOR
COREPOINTG iNSURANCE COib{P k, V
DEVELOPERS SURETY AND [NDE.&INrrY COMPANY
59 Maiden Lane, 43rd Floor, New York, NY 10033
(212)220-7120
KNOW ALL BY THESE PRESENTS that, except as etpressly limited herein, COREPOiNTE INSURANCE
COMPANY anti
INDEMNITY' COMPANY, do hereby make, constitute and appoint:
DEVELOPERS SURETY AND
Zach Matter, Zach Mefferd, Tina Bockholt, Shannon Cox, Jimmy Brown, Havilah Watson and Kamrl Wolfs
, of West Des Moines, IA
as its true and lawful Attorney -in -Fact, to make, execute, deliver and ac} now[dge for and on behalf of said companies, as sureties
of suretyship giving and granting unto said Attorney -in -Fact full power and authority to do and to perform every act necessa
connecfion therewith as each of said company could do, but reserving to each of said coat any full tower of substitution and tEv° ands,. P Ing a Per to be
ntre is
p ry Cequisiteor gSartdconuacts
Attorney -in -Fact, pursuant to -these presents, are hereby ratified and confirmed. This Po�tmr of Attorney is effective in
shall expire on December 31, 2025. bon, and all of the acts oFsaid
August 11 2023
This Po%verofAttorne is and
y ' graptdd and is sietied under and by authority of the fallowing resolutions adopted by the Board of Directors
COMPANY and DEVELOPERS SURETY AND INDEMNITY COMPANY (collectively, "Company") on February 10, 2023 TT INSURANCE
of CORCPOIN
RESOLVED, that Sam Zaza. President Surety Underwritine lames Bell. Vice President. Surety [Jndenvritine, and Craig
Sure each an edtployee of AmTrust North America, Inc., an ai$liate of the Company (the "Audtorized Signors"), are he
of Attnrnyy, qualifying attomey(s)-in-fact aatnd in the Power of Attorney to execute, a behalf of the mom an _Dawson. Executive Underwriter. suretyship, or o$ter suretyship obligations; and that the Secretary or any Assistant Secretary of the Company be, and each of ds. n lte rt zed to execute a Po4ver
P a bonds, undertaking
the execution ofahy such Power ofAttomey 3 all contracts contracts of
y �S• authorized Co attest
ors and the Secretary or any
must be affixed toat anysie uch oature w a of Atomfany one ey, andanysuchs�ignature or seal may be affixedsby facsimile, istant Secretary
such Pow Seal ofthe
binding upon the Company when so affixed and in the future with respect to any bond, undertaking orcontraet of suretyshi pang and they shall be valid and
er of ARome Company
IN WITNESS WHEREOF, CORE"NTE INSURANCE COMPANY and DEVELOPERS SURETY AND [N, to Mich it is at�c(1ed
signed by the Authorized Signor and attested by their Secretary or Assistant Secretary this JEMNITY COCOMPA .
March 27, 202 3 have caused these
Presents to be
. °°�a9etoaeeaaare '
By:
s
a o
Printed Nal e' Sam Zaza toe d=°FtPOPq +°° C��� AND f °+e
O ` ° GQ• L ` G V • ati� ap 4�
Tide: Presiden Qf' Surety Undeoritin_ • �: �G "fir'. ??
e C'J ° �Q �•
LLI
ACKNOWLEDGEMENT: 0 0
esta`• a°°°°° m 4`FFOP.C���`�b�ei
A notary public or other officer colnpleting this certificate verifies only the °' ae:oa;4�g36 aaFf j� •• ••h
identity of the individual who signed the document to which this certificate is '�fatilt
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF California COUNTY OF Orange
On this 27 day of March , 20 23 , before me, HoanQ-
Quven Phu Phan,, personally appeared Sam 7a7a
who proved to mean die basis ofsatisfactory evidence to be the person whose name is subscribed to within the instn6nent and acknow)edn
the same in theirauthorized capacity, and that by the signature on the instrument Hie entities upon behalf which Ute person acted, e . , y
,edrothet atthe executed
I certify, under penalty of perjury, under the laws ofthe State of California touted this Instrument.
Hiat the Foregoing paragraph is hue and correct,
WfTNES 5 my hand and official seal.
rT
��,{�
Signature Natar
3 Public • CaIifarnia
:J — ®Znga County a
Carnmisslatt it 2432970
9LIC01p �' My�'M.
CORPORATE CERTIFICATIONmetres Q� 3f,
COF02� r
The undersigcertined, the Secretary o Assistant Secretary of COR.EPOINTE INSU[ANCE COMPANY and DEV
MPANY, does hereby fy duet the provisions of the resolutions of the respective Boards of Directors of said corporations Set rSURn this p
are in force as of the date of this Certification. n' AND INDE, NIN
tower of Attorney
This Certification is executed in the City ol'Clevela id, Ohio, this March 19, 2023
0 UStgned by:
By. t t
Barry W Moses, Assistant Secret
sesatsErnoEssac... POA Na Nl�`
DocuSignEnvelopelD:33528FD6-5E9D-4796-837E-C1 E455E6530F
Signed and sealed this day of aT .- j•zo Z� Ed 0323
Page 328 of 1713
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
2024 WELL NO. 7 REHABILITATION PROJECT PHASE 2
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
references purposes the 18th day of September 2024 between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City), and
Peerless Well & Pump (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
CONTRACTOR AGREES:
To furnish all material and equipment and to perform all labor necessary for the 2024 Well
No. 7 Rehabilitation Project Phase 2.
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
6. Other Bonds:
�nrl %lom rvno }n in l sive
a. �d , m (pages_ .o�,,GTavrr�
-. .
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2024Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 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 Manual.
11. Drawings —Sheet No._0_ through No._0 (00 pages) or drawings consisting
of sheets bearing the following general title:
12. Addenda (numbers _0_ to _0_ , inclusive).
13. Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15. Site Condition Information (Section 00775).
Page 329 of 1713
Page 2 of 6
16. Construction Schedule and Agreed Cost of Delay (Section 00800).
17. Erosion Control Certificate (Section 00900).
19.Other Project Information and Permits (Section 01100).
20. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages 1 to 20, inclusive).
b. Bidder Status Form (Section 00460).
c. Contractor Background Information Form (Section 00471)
d. The following documentation that must be submitted by Contractor prior to
Notice of Award.
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).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be
amended, modified, 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 must be installed in accordance with 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%) of the Contract price will be retained by the City for a period of thirty
(30) days after final completion and acceptance of the Project by the City Council to pay
any claim by any party that may be filed for labor and materials done and furnished in
connection with the performance of this Contract and for a longer period if such claims
are not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573
or Iowa Code Chapter 26, The City will also retain additional sums to protect itself against
any claim that has been filed against it for damages to persons or property arising through
the prosecution of the work and such sums will be held by the City until such claims have
been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
Page 330 of 1713
Page 3 of 6
7. In addition to any warranty provided for in the specifications, the Contractor must also fix
any other defect in any part of the Project, even if the Project has been accepted and fully
paid 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.
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
Documents.
9. INDEMNIFICATION FROM THIRD 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, damages, 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 indirectly
employed by Contractor or anyone for whose acts Contractor may be liable, regardless
of whether or not such claim, damage, loss or expense is caused in part by a party
indemnified hereunder.
10. The Contractor hereby represents and guarantees that it has pot, nor has any other
person 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; 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 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 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.
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 Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
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 Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
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
Page 331 of 1713
Page 4 of 6
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (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
regulations and the Federal Wage Determination for this Project.
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, Sections 606(a) and (b).
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION
ARE APPLICABLE.
CITY CONTRACTOR
THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the
State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil
Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for
the Northern District of Iowa. The provisions 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 Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www.cityofdubuque.org/DocumentCenter/Home/View/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work 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 contractors and agents to preserve, all non-
identical copies of all documents, reports, data, records, or other information (including documents,
records, or other 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
Page 332 of 1713
Page 5of6
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 (90)
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 IDNR.
CERTIFICATION BY CONTRACTOR
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:
I have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action
Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case
Number 90-5-1-1-09339, United States District Court for the Northern District of
Iowa.
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,
records, or other information in electronic form) that relate in any manner to the
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 fees as provided in the Consent Decree, relating to or arising out of the
Contractor's failure to comply with the Consent Decree.
CONTRACTOR:
_Peerless Well & Pump
Contractor
By:
ature
S co tr
Printed Name
Wesi
Title
Date
Page 333 of 1713
Page 6 of 6
THE CITY AGREES:
15. Upon the completion 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 for the complete performance of this Contract, the amount
determined for the total work 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.
CONTRACT AMOUNT $ 291,986.00 with an hourly rate of $381.00/hr
CITY OF DUBUQUE, IOWA:
_City Manager
Department
By:
Signature
_Michael C Van Milligen
Printed Name
_City Manager
Title
U�0_6�
Date
CONTRACTOR:
Peerless Well & Pump
Contractor i
_7_ _"�/i-
Signature
Sr_o
Printed Name
ne-S I �-
Title
q IZs �zGz�
Date
___= END OF SECTION 00500 =_
Page 334 of 1713
SECTION 00600
Pago t of 5
Bond Number: MCN 7473429
PERFORMANCE, PAYMENT ,AND M,AINTEN,ANgE gND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, peerlesq Well & Pump, as principal (hereinafter the "Contractor" or "Principal")
and Old Republic Surety Company as Surety
are held and firmly bound unto the pity of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Ownee% and to all persons who may be injured by any breach of any of the conditions of this Bond
in the penal sum of Two Hundred and: Ninety One Thousand, Nine Hundred and Eighty Six dollars
($291 089.00), lawful money of the United States, for the payment of which sum, well and truly to be
made, we bind ourselves, our heirs, feel representatives and assigns, jointly or severally, firmly by
these presents.
The conditions of the above obligations are such that whereas said Contractor entered. Into a contract
with the Owner, bearing date the day of September, 2024, (hereinafterthe "Contract") wherein said
Contractor undertakes and agrees to construct the following project In accordance with the Contract
Documents, ,and to faithfully perform all the terins and requirements of said Contract within the time
therein specified, in a goad and workmanlike manner, and in accordance with the Contract Documents.
The Contract Documents forwell No. 7 Rehabilitation •- Phase 2 Project detail the following described
Improvements:
The city Is bidding a stepped pumping drawdown. test starting at SQggpm and ramping
up In 250gprn or agreed to increments, up to 2000gpm, the original purinp test from
1939 Is included with these bidding documents. While the drdwdown test Is performed,
the contractor will capture aquifer recovery[pumping depths to account for the optimal
capacity of the aquifer, The contractor shall also measure sand content of tho water
pumped from the well. The city Is requesting the contractor recommend the optimized
flow discharge rate with the minimal amount of sand produced,
Following sediment removal, If Alternate No.1 is selected, and the pump test, the
contractor is to provide a written summary and recommendation with estimated costs
to complete the improvements. The city and contractor will review the specified
replacement pump and motor and confirm the pump and motor sizing based on the
available- capacity of the well, Including establishing a pump depth, suitable sand
prevention method, and create a future well maintenance schedule. The contractor
shall provide the city with the lead times for replacement parts and materials, and a
time of the essence installation and start-up of the new pump, set to an agreed to
depth, with airline, sample port, and final specific capacity test.
The city has the original vertical turbine motor base with integrated pit, less adaptor and
access to 2300-volt electricity available. The contractor will be responsible for providing
all needed equipment and appurtenances for the well pumping tests and installation of
replacement pump, motor, column piping, sand separator, airline, sample port, and
final pump testing prior to bringing the well back on-line and into service. This list may
consist of but not be limited to well rig truck, electric raptor, pump, column pipe,
generator, If not 2300 volt, hose and sand containment. The original well pump was set
Page 335 of 1713
SECTION 00600
Page 2 of 5
at 280 feet below the Vertical Turbine Motor, the work to be completed should be up to
a depth of 38o feet to account for possible lower water table in aquifer and future
deeper pump set depths,
it is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract and Contract Documents, by
reference made a part hereof, for the project, and shall Indemnify and save harmless the
Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default
of failure to perform as required. The Contractor shall also be responsible for the default or
failure to perform as required under the Contract and Contract Documents by all its
subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the
performance of the Contract,
2. PAYMENT: The Contractor and the surety on this Bond hereby agreed to pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials for or
performing labor In the performance of the Contract can account of which this Bond is given,
inclining but not limited to claims for all amounts due for labor, materials, lubricants, oil,
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or
any subcontractor, wherein the same are not satisfied out of the portion of the contract price
the Owner Is required to retain until completion of the improvement, but the Contractor and
Surety shell not be liable to said persons, firms, or corporations unless the claims of said
claimants against said portion of the contract price shall have been established as provided by
law. The Contractor and Surety hereby bind themselves to the obligations and conditions set
forth in Chapter 673 of the Iowa. Code, which by this reference Is made a part hereof as though
fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop In or result from work to be performed
under the Contract Documents within the period of two (2) year(s) from the date of
acceptance of the work under the Contract, by reason of defects in workmanship,
equipment Installed, or materials used In construction of said work;
B. To keep all work in continuous good repair, and
C, To pay the Owner's reasonable costs of monitoring and Inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a result
of Contractor's and Surety's failure to remedy any defect as required by this section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and mold bound, any contract to the
contrary notwithstanding, to the fallowing previsions:
Page 336 of 1713
SECTION 00600
Page 3 of 5
A. To consent without notice to any extension of time authorized in approved change orders
to the Contractor in which to perform the Contract;
B. To consent without notice to any change In the Contract or Contract Documents,
authorized in approved change orders which thereby Increases the total contract price
and the penal sure of this Bond, provided that all such changes do not, in the aggregate,
Involve an Increase of more than twenty percent (20%) of the total contract price, and that
this Bond shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within an
extension thereof, or within a period of time after the contract period has elapsed and the
liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, 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 after the acceptance of the work under the Contract the right to sue on this
Bond.
B. That as used herein, the phrase "all outlay and expense" Is not to be limited in any way,
but shall Include the actual and reasonable costs and expenses incurred by the Owner
Including interest, benefits, and overhead where appiicable. Accordingly, "all outlay and
expense" would Include but not be limited to all contract or employee expense, all
equipment usage or rental, materials, testing, outside experts, attorney's fees (including
overhead expenses of the Owners staff attorneys), and all costs and expenses of
litigation as they are incurred by the Owner. It is intended the Contractor and Surety will
defend and indemnify the owner on all claims trade against the Owner on account of
Controotor's failure to perform as required in the Contract and Contract Documents, that
all agreements and promises set forth in the Contract and Contract Documents, in
approved ohange orders, and in this Bond will be fulfilled, and that the Owner will be fully
indemniiled so that It will be put into the position it would have been In had the Contract
been performed in the first instance as required,
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or In the enforcement of the
promises givers by the Contractor in the Contract, Contract Documents, or approved change orders,
or in the enforcement of the promises given by the Contractor and Surety In this Bond, the Contractor
and Surety agree that they will make the Ownerwhole for all such outlay and expense, provided that
the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of
the penal sum of this Band.
In the event that any actions or proceedings are Initiated regarding this Bond, the parties agree that the
venue thereofshall be Dubuque County, State of Iowa. if legal action is required by the Owner to
enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the
Owner, the Contractor and the Surety agree, Jointly, and severally, to pay the Owner all outlay and
expense Incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall
Page 337 of 1713
SECTION 00600
Page 4 of 5
be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to
the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder
whether action is brought against the Contractor or whether Contractor is joined in any such action(s)
or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform
all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents,
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined
in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or
Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa
Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally
accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in
the construction industry, it shall be interpreted or construed according to its common or customary
usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit
liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Project No. 4281000006
Witness our hands, in triplicate, this 24th day of September, 2024.
SURETY COUNTERSIGNED BY:
N/A
Signature of Agent
Printed Name of Agent
Company Address
City, State, Zip Code
Company Telephone Number
PRINCIPAL:
Peerless Well _& Pump, Inc.
ContragLQr- -
g
Signature
S ccitt 't�
Printed Name -
_ Pre-,�;
Title
FORM 710VED BY:
�� �__ -
-keprese7fative for Owner
SURETY:
Old Republic Surety Company
Surety Com any
By: y�
Signature Attomey-in-Fact Officer
Connie Smith
Printed Name of Attomey-in-Fact Officer
J Ryan Bonding Inc.
Company Name
2920 Enloe St. STE 103
Company Address
Hudson, WI, 54016
city, state, Zip Code
(715)377-8230
Company Telephone Number
Page 338 of 1713
SECTION 00600
Page 5 of 5
NOTE,
1, All signatures on this performance, payment, and maintenance Bond mint
be original signatures In ink; copies, facsimlie, or electronic signatures will not
be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-In-Fact/Offlcer entered on
this Bonet must be exactly as fisted on the Certificate or Power of Attorney
accompanying this Bond.
---- END OF SECTION 00600
Page 339 of 1713
* �r
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint: MICHAEL J. DOUGLAS, CHRISM. STEINAGEL, CHRISTOPHER MATHER KEMP, ROBERTS. DOWNEY, CONNIE SMITH,
KORY C. MORTEL, ELIOT MOTU, SAMUEL DUCHOW of HUDSON, WI
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds), as follows:
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF,
affixed this 22nd
OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
day of September 2022
P
W - Go%PO-Are
o SEAL
0
9
4R"_.ssn
0 -.
ant
Secreta.
STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS
OLD REPUBLIC SURETY COMPANY
/L /04-
President
On this 22nd day of September 2022 , personally came before me, Alan Paylic
and Karen J Haffner , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
TAR
oKnAJh*
,?'•a�eL�6+'• Notary Public
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
461. gmSURelo,,,.
.Op AOM�TF 0'�
24-5172 g SEAL ,
0
ORSC 22262 (3-06)
J. RYAN BONDING, INC.
Signed and sealed at the City of Brookfield, WI this 24th day of
September 2024
1��t Secreta
Page 340 of 1713