Public Improvement Contracts with Performance, Payment and Maintenance Bonds Copyrighted
April 6, 2026
City of Dubuque CONSENT ITEMS # 9.
City Council
ITEM TITLE: Public Improvement Contracts with Performance, Payment
and Maintenance Bonds
SUMMARY: Valentine Construction Company LLC for the 2026 Public
Works Asphalt Overlay Program, Sidewalk Curb Ramp
Project - Bid Package 1; Midwest Concrete, Inc. for the 2026
Public Works Asphalt Overlay Program, Sidewalk Curb Ramp
Project - Bid Package 2.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. 26_03_27 2026 PW Asphalt Overlay Program Sidewalk Curb Ramp Project 1
2. 26_03_27 2026 PW Asphalt Overlay Program Sidewalk Curb Ramp Project 2 (002)
Page 936 of 2358
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
THIS IMPROVEMENT CONTRACT (the Contract), dated for references purposes the 20th day of
March, 2026 between the City of Dubuque, lowa, by its City Manager, through authority conferred
upon the City Manager by its City Council (City), and Valentine Construction Company LLC
(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 2026 PUBLIC
WORKS ASPHALT OVERLAY PROGRAM, SIDEWALK CURB RAMP PROJECT - BID
PACKAGE 1 (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 lowa 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).
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
Page 937 of 2358
17.Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 00000 - 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).
22.Authorization Resolution:
a. Resolution No. 286-17 Authorizing City Manager to Execute Contracts and
Leases (Exhibit C), or
b. Project Specific Resolution (Resolution No. 93-26).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in this Contract.
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. Three percent (3%) 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 lowa Code Chapter 573 or lowa 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
Page 938 of 2358
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; Liability for City Damage
a. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless
the City from and against all claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from perFormance of the 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 (other than the Project
itself) including loss of use resulting therefrom, but only to the extent caused in whole or
in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor,
or anyone directly or indirectly employed by the Contractor or the Contractor's
subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor
may be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
b. The Contractor shall also be liable to the City for any damage to City property arising out
of or related to the Contractor's negligent performance of the Contract.
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 as agreed upon
damages.
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.
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 City may terminate this Contract with or without cause upon sixty(60)days'written notice
delivered to the Contractor.
14. This Contract shall be governed by the laws of the State of lowa and exclusive jurisdiction
and venue for any action arising out of or related to this Contract shall be in the lowa District
Court for Dubuque County.
15. Counterparts and Electronic Signatures. This Contract may be executed in counterparts,
each of which shall constitute an original, and all of which together shall constitute one and
the same document. This Contract may be executed by the parties and transmitted by
Page 939 of 2358
SECTION 00500 electronic transmission, and if so executed and transmitted, shall be
effective as if the parties had delivered an executed original of this Contract.
16. Currency. All prices and financial terms referenced herein are intended to be in U.S. dollar
and shall remain in U.S. dollars despite any exchange rate.
17. Conflict in Terms. In the event of a conflict between the terms of this Contract and the terms
of any of the Contract Documents, the terms of this Contract shall prevail.
18. Legal Compliance.
a. The Contractor is responsible for compliance with all applicable laws, statutes, rules,
regulations, and ordinances which may apply to the perFormance of Contractor's
obligations under this Contract, including but not limited to the laws outlined in Exhibit D,
and hereby represents and warrants that Contractor is in compliance with the same as of
the Effective date and further represents that during the Term Contractor will remain in
compliance. Contractor shall require all contractors and subcontractors providing
services under this Contract shall also certify compliance with this Section.
b. When Applicable:
Contractor further represents and warrants that Contractor has obtained all necessary
business permits and licenses that may be required to carry out the obligations pursuant
to this Contract, including any permits and licenses that might be required b the state or
locality in which Contractor perForms the Services, and Contractor agrees to maintain, at
Contractor's sole expense, such required permits and licenses for the duration of the
term(s) of this Contract.
19. Federally Assisted Project.
Is this project funded fully or in part with federal funds?
❑ Yes (if yes, provision a. and b. below apply)
x No
a. The City and the Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, related labor requirements and regulations and the
Federal Wage Determination for this Project.
b. 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).
THE CITY AGREES:
The City agrees to pay the Contractor for the work actually perFormed under this Contract, up to
the amount stated below, less any damages provided for in the Contract Documents.
CONTRACT AMOUNT $273,516.85
Page 940 of 2358
CITY OF DUBUQUE, IOWA:
City Manager's Office
De ent �
By:
Sig ature
Michael C. Van Milligen
Printed Name
City Manager
Title
03/28/2026
Date
CONTRACTOR:
Valentine Construction Company
Contractor
gy:���n.u,¢,� 1/�:��;r�.�
Signature
Samuel J Valentine
Printed Name
Owner
Title
03/23/26
Date
___= END OF SECTION 00500 =___
Page 941 of 2358
i i
i, � i
�
Bond No. 2672003 I
I
;
PERFORMANCE, PAYMENT AND MAINTENANCE B�ND
�
SECTION 00600
;
i
KNOW ALL BY THESE PRESENTS: �
i
That we, Valentine Con,struction Company, LLC , as Principal (hereinafter the "Contractor" or ;
"PI'InCipal")and West Bend Insurance Compan�
, as Surefiy are held and firmly bound unto the City of Dubuque, lowa, as Obligee {hereinafter +
referred to as"Owner"), and to all persons who may be injured by any breach of any of the canditions
of this Bond in the penal sum of two hundred seventy�three thousand, five hundred sixteen dollars i
and ei ht -five cents ($273,516.85), lawful money of the United States, for the payment of uuhich i
sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns,
jaintly ar severally, firmly by these presents.
;
The condifians of the above obligations are such fihat whereas said Contractor entered into a contract �
with the 4wner, bearing date the 20t" day of March, 2026, {hereinafter the "Contract"} wherein said �
Contractor underta[ces and agress to construct the following project in accordance with the Contract i
Documents, and to faifihfully perform all the fierms 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 2026 PUBLIC WORKS ASPHALT OVERLAY PROGRAM, '
SIDEWALK CURB RAMP PROJECT-BID PACKAGE 1 detail the following described improvements:
;
The scnpe af the Project is as follows: al! labor, equipment, and ma#erials to install ;
34 ADA accessible curb ramps along Marywood Dr., Glenview Cir., Kaufmann !
Ave. and Theda pr. In relation to the curb ramp work, adjacent pavement, �
sidewalks, stvrm sewer and landscape restoration work.
It is expressly understood and agreed by the Contractar and Surety in this Band that the following '
provisions ar� a part of this Bond and are binding upon said Gontractor and Surety, to-wit: ;
�
1. PERFORMANCE: The Contracfior shall well and faithfufly observe, perform, fulfill, and abide
by each and every covenant, condition, and part of said Contract and Contract Documents, ;
by reference made a part hersaf, for the projsct, and shall indemnify and save harmless the
Owner from all oufilay and expense incurred by the �wner by reason of the Contractor's �
default of failure to perform as required. The Contractar shall also be responsible for the i
default or failure to perform as required under the Contract and Contract Documents by al[ �
its subcontractors, suppliers, agents, or employees furnishing materials ar providing fabor 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 af the Contract on account of which this Bond is given, �
including but not limited to cfaims for all amounts due for labor, materials, lubricants, oil, j
gasoline, repairs on machinery, equipmenfi, and tools, consumed or used by the Contractor �
ar any subcontractor, wherein the same are not satisfed out af the portion of the contract i
price the pwner is required to retain until compfetian of fihe improvemenf, but the Contractar
and Surety shall not be liable to said persans,firms, or corporatians unless the claims of said
1
Page 942 of 2358
i
i
�
�
claimants against said portion of the contract priGe shalf have been established as provided ;
by law. The Contractor and Surety hereby bind themselves to the obligafiions and conditions . ��
set forth in Chapter 573 of the lowa 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 Documen#s within the period of iwo (2} year(s) from the date of �
acceptance of the work under the Cantract, by reason of defects in workmanship, ;
equipment installed, ar materials used in construction of said work;
i
B. To keep all work in continuous good repair; and
3
�
C. To pay the Owner's reasonable costs of monifioring and inspectian to assure that any ;
defects are remedied, and ta repay the pwner all outlay and expense incurred as a I
result of Contractor's and Surety's #ailure to remedy any defect as required by this ;
section. ;
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials nof discovered or known to the Owner afi fihe time such woric was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the ;
contrary notwifhstanding, to the following provisions:
A. To consent without natice to any extension of time authorized in approved change
orders ta the Contractor in which to perform the Contract. ;
B. To consent without notice to any change in the Cantract or Contract Documents, '
authorized in approved change orders which thereby increases the tatal contract price
and the penal sum of this Band, provided that all such changes do not, in the aggregate,
involve an increase of more than twenty pereent (20%) of the total contract price, and
that this Bond shall then be released as to such excess increase, i
j
C. To consent without notice that this Bond shali remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within '
an extensian #hereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalfiy is being charged against the Contractar. ;
i
The Contractor and every Surety on the Bond shal) be deemed and held bound, any contract to the �
i
contrary notwithstanding, to the following provisions; �
;
D. That no provisian of this Bond or of any other contract shall be valid that limits to less ;
than five (5) years after the acceptance of fhe work under the Contract the right to sue '
on this Bond.
;
i
�
I
Page 943 of 2358
i
�
i
1
I
�
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 cosfis and expenses incurred by the Owner �
including interest, benefits, and overhead where applicable. Accordingly,"all outlay and
expense" vuould include but not be limit�d to all cvntract or employee expense, all
equipment usage or rentaf, materials, testing, outside experts,attorney's fees (including
overhead �xpensss of th� Owner's staff attorneys), and all costs and expenses of '
litigafiion as they are incurred by fihe Owner. It is intended the Contractor and Surety
will defend and indemnify the Owner on all claims made against the �wner on account
of Contractor's failure to pertorm as required in the Contract and Contract Documents, �
that all agreements and promises set farth in the Contract and Contract Documents, in 3
approved change orders, and in this Bond will be fulflled, and that the Owner will be j
fully indemnified so thafi it will be pufi 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 hav� 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 vf the promises given by th� Contractor and Surety in this Bond, the i
Contractor and Surefiy agree tha#they will make the Owner whole fnr a!I such outlay and expense, �
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five i
percent (125%) of fhe penal sum of this Bond. ;
In the event thafi any acfiiQns or proceedings are initiated regarding this Bond, the parties agree that j
the venue thereof shali be Dubuque Caunty, State of lowa. If legal action is required by the Owner '
to enforce the pravisions af this Bond or to callect the monetary obligation incurring to the benefit of ;
the Owner, the Contractor and ths Surety agres, 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 al#ernative and shall be in addition to all rights, powers, and j
remedi�s given ta fihe 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 nof. -
;
NOW THEREF�RE,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, i
and in this Bond, then this obliga#ian shall be null and void, otherwise it shall remain in full force and ;
effect. i
i
When a work, term, or phrase is used in this Bond, it shall be interpreted ar construed �rst as de�ned ;
in this Bond, the Contract, or the Contract Dacuments; second, if not defined in the Band, Contract, ;
or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the
lowa Code; third, if not defined in the lowa Code, it shall be in#erpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if i# has no generally accepted ,
meaning in the consfiructian indusfiry, it shall be interpreted or construed according to its common or �
cusfiomary usage. �
i
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shalE not '
limik liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Page 944 of 2358
Project: 2026 Public Works Asphalt Overlay Program, Sidewalk Curb Ramp Project - Bid Package 1
Location: 34 ADA accessible curb ramps along Marywood Dr, Gienview Cir, Kaufmann Ave. and
Theda Dr, Dubuque, lowa
Project Number: 5421000002
Witness our hands, in triplicate, this 20th day of March , 2026.
SURETY COUNTERSIGNED BY: Tit�e
FO APPROVEA BY:
Signature of Agent V�„
Repr sentative for Owner
Printed Name of Agent
SURETY:
CompanyAddress West Bend Insurance Company
Surety Company
City,State,Zip Code ,< C�-=
By: �1��"ti�-�-«�. ��;? -
Signafure Attorney-in-Fact Officer
Company Telephone Number Kim Hess
PRINCIPAL: Printed Name of Attorney-in-Fact Officer
Tricor
Valentine Construction Company, LLC Company Name
contractoy, 600 Star Brewery Dr Ste 110
BY� �� Company Address
signature Dubuque, IA 52001
Sam Valentine city, State,Zip Code
Printed Name
563-556-5441
Company Telephone Number
NOTE:
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 945 of 2358
�
, . 3
�
���� �����
i
i
Bond No. 2672003 ;
POWER �F QTTORNEY
Know all men by fhese Presents,thaf West 8end Insurance Company(formeriy known as West Bend Mutual Insurance Company prior to 1l112024),a I
corparation having its principal ofiice ia the City of West Bend,Wisconsin does make,constitute and appoint: I
Kim Hess :
;
lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed any and all bonds,undertakings j
and canfracts of suretyship, provided that no bond or undertaking or cantract of suretyship executed under this authority shall exceed in amount the
sum of: Thlrty Mlilion Dollars($30,Ofl�,000) �
i
This Power of Alforney is granted and is signed and sealed by facsimile under and by fhe authority of the following Resofution adopted by the Soard ;
of Directors of West Bend insurance Company by unanimoas consent resolution effective fhe 16t day of January 2024, i
�1 ofntment o Attorne -In-Fact. The res(dent or an vice resfdent,or an other o cer o West Bend Insurance Com an ma a o�nt b �
Pp f Y P Y P Y tJ`� f P Y Y PP Y i
wrttten certlflcateAttorneys-ln-Pact to act on behalf of Che comparry in the executfon of and attesttng of bonds and undertalcings and other
written obJlgatory Mstruments o�'Nlce nature. The slgrrature ofany offlcer authorized hereby and the corporate seal may be afJl'xed by
facslrnile to any such power vf attorney or to any certrf cate relating therefore and any such power of attorney or certlficate bearing such I
facstmiJe signatures or facsimrle seaI sha!!be vaiid and brnding u pon the cornpany,and any such power so executed and certlfied by facsim!!e ;
signatures and�'acslmile seaJ shall be valyd and binding upon the company in the futirre with respect to any bond or undertalc(ng or other �
wrtttng oblPgatory in nature to whlch it is attached. Any such appointment may be revoked,for cause,or without cause,by any sa(d offlcer at �
any trme.
�
Any reference ta West Bend Mutual fnsurance Company In any Bond and all confinuations thereof shall be considered a reference to West Bend �
Insurance Campany.
In witness whereof,West Bend Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be �
� hereto duly attested by its secretary this 1st day of January 2024, `sttii�,E,,,���� ;
.,`�,;sur��a,�, �,, ;
Attest '�, � .'� `� ��w�,r#4o�P�a�i������� i��r��� ���"�"�►-'''�, I
Christo hex C,Z xt ��������� Rqbert J,'Jacques I
Seccefary 9�, ,� '�v' Pi�esident j
��-��:'�c�rara,�a''�..��4' !
Sfat6 Of WISCOIISIII �ff���i/lttltY��������� '
County of Washington
On the 9st day of January 2024,befare me personally came Robert Jacques,to me known being by duly sworn,did depose and say that he is the f
President of West Bend Insurance Company,the corporation described in and which executed ihe above instrument;that he knows the seaf of ihe ;
said corporation;that the seal affixed fo safd instrument is such corporafe seal;that is was so affixed by order of the board of directors of said ;
corporatfan and that he signed his name thereto by like order. �tti�����,�' !i
4�,.5��,����u,��,f� �
,
� �r�oTa41�f�'t " ''���"'.��'�'�,...___•'
,. ,.
� � � '
; -
i�`,��i �1�+:.��" ead orpotatQ Attorney I
�9� �:�+�"
'�+i,,�rQ����g�,4'��,�` � i7tary PUb11C,WaShington:CO.,WI �
My Connmission is Petmanent �
The undersigned,duly elected fo the office stated 6elow,now the incumbent in West Bend Insurance Company,a Wisconsin corporatian authorized !
to make this certificafe,Do Hereby Certify that the foregoing attached Power af Attorney remains in full farce effact and has not been revoked and that I
the Resolutlon o#the Board of Directors,set forth in the Power of Atforney is now in force. �
�
Signed and sealed at West Bend,Wisconsin this 20th day of____„March , 2026 �
�����1,4����fi,���f�� 1
�����r,,a�f U�?�`i f'�';, R� L;� �
�?�
,.r�_4�iI'A7.,;;i��,�. Christopl er C.Z
y'� �, ��r b Secxetary
�. t��
'���j y aroN�°��."���.
�¢�r�'y l U l i�4 4 ti+�45�'��
Whlle a bond(s)is active,a bonded principa!is a member of West SPnd i�u#azl H�Iding Company.Please visit https;/lwww.thesilverlining,comlannual-meeting
for detafls regarding the annual membership meeting and your v�ti�g ri'�i�ts.
1900 S 18th Avenue � West Bend,WI 53095 � Phone:(800)236-5090 � Fax:(877)674-2663 � wuvw.ihesll�erlfning.co
�age 946 of 2358
i � �
SECTIO 00500
THIS IM6°ROVEMEIVT CONTRACT (the Contract), dated for references purposes the 20th day of
IVlarch, 2026 between the City of Dubuque, lowa, by its City Manager, through authority conferred
upon the City Manager by its City Council (City), and Midwest Concrete, Inc. (Contractor).
For and in consideration of the mufual covenants herein contained, the parties hereto agree
as follows:
CO T° Cl'O AG Se
1. To furnish all material and equipment and to perform all labor necessary for the 2026 PIJBLIC
WORKS ASPHALT OVERLAY PROGRANi SIDEWALK CIJRB RAMP PROJECT - BID
PACKAGE 2 (Project).
2. COfVTRACT DOCU9VIENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Projecfi Directory Page (Section 00101).
3. This Public Irnprovemenfi Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-Sfate Contr�ctor Bond (Section 00610).
6. Ofiher Bonds:
a. (Bond Name) (pages_to_ , inclusive).
b. (Bond Narne) (pages_to_ , inclusive).
c. (Bond Name) (pages_to � , inclusive).
7. The lowa State�nride Urban Design And Specifications (SIJDAS) 2023 Edifiion.
8. CITY OF DUBUQUE Supplernental Specificafions 2023 Edition.
9. Other Sfandard and Supplementary Specifications as listed on the Title Page of the
Contract Docurnent IVianuaL
10.Special Provisions included in the project Contract Document IVlanuaL
11.Drawings - Sheet No. fihrough 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.Sifie Condition Information (Section 00775).
16.Construction Schedule and Agreed Cos� of Delay (Section 00800).
17.Erosion Control Certifcate (Section 00900).
Page 947 of 2358
18.Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 00000 - 00000).
20.Exhibits to this Contract (enurnerated as follows):
�. Confiractor's �id (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The fo6lowing docurreenta#ion that must be submitted by Contractor prior to IVotice
of Award.
i. Contractor Background inforrnation Forrn (Sectaon 00470/0047�)
ii.
iii.
21.The following which r�nay be delivered or issued on or after the Effectiue Date of the
Agreement:
a. Notice to Proceed (Sec�ion 00850).
b. Project Certifcation Page (Section 00102).
c. Change Orders (fVot attached to this agreement).
22.Authorization Resolu#ion:
a. Resolution I�o. 286-17 Authorizing City Manager to Execute Coratracts and
Leases (Exhibit C), or
b. Project Specific Resolution (Reso6utioro IVo. 94-26).
There are no o�her Contract Docurrients. l"he Contract Documents rnay on9y be arnended,
rnodi#ied, or supplemented as provided in this Corotract.
3. A61 r�afieriais used by the Contractor in the Project rnust be of the quality required by the
Contract Documents and rnus� be ins�a6led in accordance with the Cor�tr�ct Documen�s.
4. The Contractor rnust rerraove any rnateri�ls rejected by the City as defective or improper, or
�ny o�said work condemned as un�uitab9e or defective, and fihe sarne rraust be replaced or
redone to the s��isfaction of the City at the sole cost and expense of the Contractor.
5. Three percent (3%) of the Contract price wo9! be re�ained by the City for a period of thir�y (30)
day� after final completion and acceptaroce'of the Project by the City Council to pay any claim
by any party that rnay be filed for labor and rnaterials done and furni�hed on connection with
the perforrraance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in lovva Code Chapter 573 or lowa Code Chapter 26.
The City will also retain additional surns to protect itse9f against any clairn that has been filed
against it for darr�ages to persons or property arising through the prosecu#ion of the work and
such sums wili 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 Docurnents hereon referred to arad
agrees no� to plead miso�nderstanding or deception related to estimates of quantity,
character, locatiore or other conditions for the Project.
7. In addition to any warranty provided for in the specificafiions, #he Contrac#or mus#also fix any
other defect in any part of the Project, even if the Project has been accep#ed and fully pasd
for by the City. 1"he Contractor's maintenance bond will be security for a period of tvuo years
a#'ter the issuance of the Certifica#e of Substantial Connpletion.
Page 948 of 2358
8. The Contractor must fully cornplete the Project under this Contract on or be#ore the dafie
indicated in the Construction Schedule and Agreed Cost of Delay Section of' the Contract
Docurnents.
9. Inderr�nification; Liabiloty for City Damage
a. To the fullest extent permitted by law, fihe Confractor sha91 indemnify and hold harmless
the City from and against all claims, damages, losses and expenses, inc9uding but not
limited to attorreeys' fees, arising out of or resulting from performance of the Contract,
provided that such clairn, darnages, loss or expense is atfiributable to badily injury,
sickness, disease or death, or injury to or desfiruction of proper�y (other than the Project
itselfl including loss of use resulting therefrom, but only to the exten� caused in whole or
in part by reegligent acts or omissions of the Contractor, fihe Contractor's subcontractor,
or anyone directly or indirectly employed by the Contractor or the Contractor's
subcontractor or a�yone for whose a�cts the Contractor or the Contractor's subcontractor
may be liable, regardless of wheth�r or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
b. The Contrac��r shall also be liable fia the City for any damage to Gity proper�y arising out
of or related to the Contractor's neg6ig�nt perforrnance of the Contract.
10. The Contracfior hereby represents and guarantees that it has not, nor has any o�her person
for or in its behalf, dire�tly or indirectly, entered into any arrangement or Contracf wi#h any
ofiher Bidder, or vuith any pub9ic officer, whereby it has paid or is to pay any other �idder or
public officer any sum of rnoney 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 arrangem�nt vuith any+ other persora, firrn, corporation or association which
tends to or does lessen or destroy free competitaon in the award of this Con�ract and agrees
that in case it hereaffier be esfiablished that such representatoons or guaranfiees, or any of
ther� are fa9se, it will forFeit and pay not less than #en percent (10%) of the Contract price but
in no event less than $2,000.00 (Two Thousand Dollars) to the Cify as agreed upon
darnages.
1 �. The surety on fihe Bond furnished for this Contract rr�ust, in addifiion to all other proviseons,
be obligated to the extent provided for by lowa Code 573.6 relating to this Contracf.
12. The Contracfor agrees, and its Bond is surety fiherefiore, that after the Certificate of
Subsfantial Completion has been issued by the City, it v�rifB keep and maintain the Project in
good repair for a period of two (2) years.
13. The City may terminate this Contract with or without cause upon sixty(60) days'writtere notice
delivered to the Contractor.
14. This Contract shal6 be governed by the laws of the State of lowa and exclusive jurisdiction
ar�d venue for any action arising out of or related to this Contract shall be in the lowa District
Court for Dubuque County.
15. Counterparts and Electronic Signatures. This Contract may be executed in counterparts,
each of vuhich shall constitute an original, and ail of which together shall constitufie one and
the same document. This Confiract may be executed by the parties and transmitted by
SECTION 00500 electronic transrnission, and if so executed and transrnitted, shall be
effecfiove as if the par�oes had delivered an execu�ed origina! of this Confiracfi.
Page 949 of 2358
16. Currency. All prices and financial terms referenced herein are ontended to be in U.S. dollar
and shali rernain in U.S. dollars despite any exchange rate.
17. Conflict in Terms. !n the event of a conflic# between the terms of this Contract and the terms
of any o�'the Contract Documents, the terrr�s of this Contract shal! prevail.
18. Legal Compliance.
a. l"he Contractor is responsible for corripliance with all applicable laws, statutes, rules,
regulations, and ordinances which rnay apply to the perforrnance of Con�r�Ctar's
obligations under�his Contract, inc6uding but not lir�-eited to the laws outlined in Exhibit D,
and hereby represents and warrants that Contractor is in compliance with the same as of
the Effective date and fur�her represents that during the Term Contractor wili remain in
cornpliance. Contractor shall require all contractors and subcontractors providing
services under this Contract sha61 also certifjr cornpliar�ce wath #his Section.
b. When Applicable:
Contractor further represents and warrarats that Contrac#or has obtaoned a!I necessary
business perrnits and 9icenses that rnay be required to carry out the obligations pursuanf
to this Contract, including any permits and licenses that might be required b the state or
loc�lity in which Contractor per�orms the Services, and Contractor agrees to maentain, at
Contractor's sole expense, such required perrnits and licenses for the duration of the
term(s) of this Contract.
19. F�derally Assisted Project.
Is this project funded fu9ly or in part uvifh federal fur�ds?
❑ Yes (if yes, provision a. and b. below apply)
x❑ No
a. The City and the Contractor agree to corraply with all provisions of the Davis-�acon
Federa9 Prevailing Wage Act, re9ated labor requirernents and regulations and $he
Federal Wage Deterrnination for this Project.
b. Equiprnent or products authorized to be purchased with federal fiunding awarded for this
Contract must be American rnade to the maxirnura� extent feasible, in accordance with
PubOic Law 103-121, Sections 606(a) and (b).
T Cli'Y
The City agrees to pay the Coretractor for the work actually per�ormed under this Contract, up to
the amount stated below, 9ess any damages provided for in the Contract Documerats.
�ONTRACT ANiOIJNT $ �7,103.00
Page 950 of 2358
CIl'Y F U , 8 A:
Citv N9anaqer's Office
Dep ment
B�/: �
Sign ture
Michael C. Van Milliqen '
Printed Name
Citv Manaqer
Title
03/28/2026
Date
� � �� .
Midwest Concrete Inc.
Contractor
p�...,
By: �"
Signature
Ryan Coates
Printed Name
President
Title
March 23, 2026
Date
=��= END OF SECT°ION 00500 ====
Page 951 of 2358
by law. The Contractor and Surety hereby bind themselves to the obligations and conditions
set forth in Chapter 573 of the lowa Code, which by this reference is made a part hereaf 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 constructian 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 autlay 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 952 of 2358
f '
F , Y T° I 1'
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Midwest Concrete, Inc., as Principal (hereinafter the "Contractor" or "Principal")
and West Bend Insurance Company , as Surety '
are held and firmly bound unto the City of Dubuque, lowa, 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 eiqhty�seven thousand, one hundred three dollars and zero cents ($87,103.00),
lawful money of the United States, for the payment ofwhich 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 qf the above obligations are such that whereas said Contractor entered into a contract
with the Owner, bearing date the 20t" day of March, 2026, (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 Documen�s for 2026 PUBLIC WORKS ASPHALT OVERLAY PROGRAM,
SIDEWALK GURB RAMP PROJECT-BID PACKAGE 2 detail the following described improvements '
The scope af the Project is as follows: all labor, equipment, and materials to install
10 ADA accessible curb ramps along University Ave. from Pennsylvania Ave. to
Loras Blvd. In relation to the curb ramp work, adjacent pavement, sidewalk and
landscape restoration work are included with the project. '
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following '
provisions are a part of this 13ond 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 far labor, materials, lubricants, oil, '
gasoline, repairs on machinery, equipment, and tools, consumed or used by the Cantractor
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 953 of 2358
by law. The Contractor and Surety hereby bind themselves to the obligations and conditions
set forth in Chapter 573 of the lowa Code, which by this reference is made a part hereaf 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 constructian 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 autlay 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 954 of 2358
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 ouerhead 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 wiil 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 lowa. 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 '
lowa Code; third, if not defined in the lowa 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 955 of 2358
Project: 2026 Public Works Asphalt Overlay Program, Sidewalk Curb Ramp Project - Bid Package 2
Location: University Ave. from Pennsylvania Ave. to Loras Blvd, Dubuque, lowa
Project Number: 5421000002
Witness our hands, in triplicate, this 20th day of March 2026.
, _
SURETY COUNTERSIGNED BY: Title
FO APPROV�D_BY:
Signature of Agent �
Rep sentative for Owner
Printed Name of Agent
SURETY:
Company Address West Bend Insurance Company
Surety Co pany
City,State,Zip Code /
���� >/ I
Signature Attorney-in-Fact Officer
Company Telephone Number Hannah Kuhse
PFZ�INCIPAL: Printed Name ofAttorney-in-Fact Officer
Midwest Concrete Inc TRICOR Insurance
Contractor
Company Name
600 Star Brewery Dr, Ste 110
By' - ���'`�' � Company Address
Sign ture
�,�`� �����_ Dubuque, IA 52001
Printe Name
Ciry, State,Zip Code
(563) 556-5441 j
Company Telephone Number
NOTE:
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 I
Bond must be exactly as listed on the Certificate or Power of Attorney
accompanying this Bond.
___= END OF SECTION 00600 =___
I
Page 956 of 2358
. �'
6ond Np. 2671308
POW R O� a47"1'ORN Y
Know all men by these Presents, that West Bend Insurance Company(formerly known as West Bend Mutual Insurance Company pr(or to 1/1/2024),a
corporation having Its principal office in the City of West Bend,W(sconsin does make,constitute and appoint;
Hannah Kuhse
lawful Attorney(s)-in-fact,to make,execute,seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings
and contracts of suretyship, provided that no bond or undsrtaking or contract of suretyship executed under this authority shall exceed(n amount the
sum of: Thirty Million Dollars($30,000,000)
Thls Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of West Bend Insurance Company by unanimous consent resolution effectfve the 1St day of January 2024,
AppoinCment ofAttorney-In-Fact. The presidenC or any vice president,or any other of�cer of West Bend lnsurpnce Company may appoint by
wrttten certtficateAttorneys-ln-Fact to act on behalf of the company in the execution ofand attesting ofbonds pnd undertalrings and other
written obligatory instruments of lilre nature, The signature ofany offrcer authorized hereby and the corporpte sea!may be afflxed by
facsimile ta any such power of pttorney or to any certificate relating therefore and any such power of attorney or certiftcate bearing such
facsimile signatures or facsimile seal shqll be valid and binding upon the comppny,qnd any such power so executed and cert�fied by facsimile
signatures and facsimile seal shall be valid and binding upon the comppny in the future with respect to any bond or undertalring or other
writing obligatory in nature to which it is attached, Any such appointment may be revolced,for cause,or without cause,by any said officer at
any trme.
Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereaf shall be considered a reference to West Bend
Insurance Company,
In witness whereof,West Bend Insurance Company has caused these presents to be signed by its president undersigned and its corporate seal to be
hereto duly attested by its secretary this 1st day of January 2024.
k � � ��,�����:����r,f�
Attest ��� ��(` �s. �� '���' ���,. �4,�.���.��� ��,� ����'�
�.
�laristo Iaer�. �' -�a�t ;"�;�'� �'���"' Robert
Secreta ' "�°a���,�.�,, ��� J•;Jacqaa�s
`y' E st� � �;,�,�„'' President
�
�„���s�,��,����,,�,�•�
State of Wisconsin r�,, ''_ ��
County of Washington �`''���_�����'���`
On the 1St day of January 2024,before me personally came Robert Jacques,to me known being by duly sworn,did depose and say that he is the
President of West Bend Insurance Company,the corporatlon 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 signed his name thereto by like order, �,s,,=g=�+�,,,
4„,>��,������,fY
�Y"Y
rr��'�`�� � . . .
�+ �'�'„ � t ;(�� �"
"�"�' % .t���� #���f .... .
�•..�E/�Lt�.�°��°>� �ad�org�arate�ttogFgey
'''�,��°�15��'�``4� tary I'ublic,Was�ain{pYan Co. WI
flttiKS}E1��^Y�'�� b 7
My Cornrnission is Permanent '
The undersigned, duly elected to the office stated below,now the incumbent in West Bend 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 revoked and that
the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force,
Signed and sealed at West Bend, Wisconsin this 20th day of March , 2026 '
����,�����,:,�,t�
,.������,�.;��;
�"� �,� '�
`'�� �'��'��� �`��' �' �� �..�
`�,��� .��» Christsap er C. �r �
�,�.��y,�� ��r�« Secretary
�
'.. .'�°� `�,�4
������fttSd§t4$34�''�i:.�
While a bond(s)Is active,a bonded principal is a member of WeSi Bend Mutual Holding Company,Please visit https;//www,thesilverlining,com/annual-meeting
for details regarding the annual membership meeting�nd your voting rights,
1900 S 18th Avenue � West Bend,WI 53095 � Phone:(800)236-5010 � Fax;(877)674-2663 � www,thesilverllning.com Page 957 of 2358