Improvement Contract/Bond_Tricon Construction_Upper Bee Branch Structures Project SECTION 00 05 20
AGREEMENT N
THIS AGREEMENT is by and between City of Dubuque
(hereinafter called OWNER) and Tricon General Construction, Inc.
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(hereinafter called CONTRACTOR).
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OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as F
follows: ;I
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Article 1. WORK
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1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
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Article 2. THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole r
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part is generally described as follows:
Project consists of the construction of a variety of cast-in-place concrete including connection
structure, inlet structure and Rhomberg Bridge, 22nd Street Bridge, Headwater Overlook, 18' x
18' CIP box culvert, 10' x 6' CIP box culvert, aeration structure, three-baffle box vaults, storm j
sewer vaults, channel piers, and two kiosks. Excavation, dewatering, soil retention, backfill and
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restoration for this work will be completed by others under the Upper Bee Branch Creek-
Channel, Streets, & Utilities Project, Contract 1-2015. 6
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Article 3. ENGINEER j
3.01 The Project has been designed by Strand Associates, Inc.° (hereinafter called ENGINEER),
who is to act as OWNER's representative, assume all duties and responsibilities, and have the
rights and authority assigned to ENGINEER in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
Article 4. CONTRACT TIMES '
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of the
Contract.
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4.02 Dates for Substantial Completion and Final Payment
A. CONTRACTOR agrees that the Work on the items listed below will be substantially
complete in accordance with the following milestones:
"Work Item Milestone Date
Connection Structure—
Able to Convey Flow/Provide Opening in Bee Branch August 31, 2015 j
Inlet Structure—Able to Convey Flow(South Half) August 31, 2015
Rhomberg Bridge Piling, Piers, and Abutments January 15, 2016
22nd Street Bridge Piling, Piers, and Abutments January 31, 2016
Bee Branch Opening (Wash. Street) March 15, 2016
Outfall Overlook Structure—Able to Convey Flow June 31, 2016
24th Street Box Culvert June 31, 2016
Rhomberg Bridge Structure July 15, 2016 I
22nd Street Box Culvert November 15, 2016
22nd Street Bridge Structure November 15, 2016" ,
B. CONTRACTOR agrees that all work will be substantially complete on or before July 1, !
2017 and that final completion will be on or before September 1, 2017.
C. The milestone dates above are provided to guide the development of the
schedule for Contracts 1-2015 and 2-2015. Contract 2-2015 Contractor may propose
adjustments to the milestone dates. Any adjustments to the milestone dates shall be approved
by OWNER and the Contractor for Contract 1-2015 prior to implementation.
4.03 Agreed Costs of Delay
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified in
Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the
General Conditions. The parties also recognize the delays, expense and difficulties involved in proving
in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
agreed costs of delay that does not result in adjustment of the contract time pursuant to Section 12.03
of the General Conditions (but not as a penalty), CONTRACTOR shall pay to OWNER the following
daily charge:
CONTRACTOR shall pay to OWNER agreed costs of delay of$2,000 per day.
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Agreed costs of delay shall be applied separately to each of the substantial and final completion
dates.
B. The CONTRACTOR and the CONTRACTOR's surety shall be liable for and shall pay the
OWNER for any extra costs for engineering or architectural services, construction observation services
and related expenses, and attorney's fees necessitated by the delayed prosecution of the work by the
CONTRACTOR beyond the date of Final Completion required by the Agreement. Such costs are in no
way a penalty, but represent additional expenses to the OWNER caused by the CONTRACTOR's delay
in completing the Work.
C. Agreed costs of delay will be assessed as follows:
1. Completion Date Contracts.
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The amount of agreed costs of delay specified in the proposal form will be assessed, not as a
penalty but as predetermined and agreed cost of delay, for each calendar day that any work
remains uncompleted beyond the Completion Date or any extension authorized by OWNER.
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Assessment of cost of"delay will be based only on the number of calendar days required to
complete the contract beyond the completion date, plus authorized extensions.
The final payment will be withheld until the amount of agreed costs of delay are agreed
upon.
This provision for the assessment of the agreed costs of delay for failure to complete work
within the contract period does not constitute a waiver of the OWNER's right to collect any
additional damages other than time delays which the OWNER may sustain by failure of the
CONTRACTOR to carry out the terms of the contract.
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4.04 Delays to Contractor and Extension of Time
A. If CONTRACTOR is delayed in the performance or progress of the Work by fire, flood,
epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under
the control of OWNER, or other causes not the fault of and beyond control of OWNER and
CONTRACTOR, then CONTRACTOR shall be entitled to an equitable adjustment in Contract Times, if
such adjustment is essential to CONTRACTOR's ability to complete the Work within the Contract
Times. Such an adjustment shall be CONTRACTOR's sole and exclusive remedy for the delays
described in this Paragraph.
Article 5. CONTRACT PRICE
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5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds as follows:
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A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an
exhibit.
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Article 6. PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments P
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A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the 4
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the
General Conditions.
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6.02 Progress Payments; Retainage
A. Progress Payments: OWNER shall make progress payments on account of the Contract
Price on the basis of CONTRACTOR's Applications for Payment as established at the preconstruction
conference during performance of the Work as provided below. All such payments will be,measured by
the number of units completed multiplied by the unit costs of the various units.
B. Retainage: OWNER shall retain an amount equal to 5% of each progress payment 1
application. The 5% retainage shall be withheld from all applications for progress payments until
100% of the work is complete. All punchlist items shall be finished before the work shall be
deemed 100% complete. CONTRACTOR shall not submit an application for progress payment that
indicates a work item as being 100% complete based on a claim that the retainage withholding
amount covers the cost of the outstanding work included on the punchlist.
1. Retained funds shall be retained by OWNER for a period of 30 calendar days after
the completion and final acceptance of the improvements by OWNER. If at the end of the
30 calendar day period claims are on file as provided in Iowa Code Ch. 573, OWNER shall
also continue to retain from the unpaid funds, a sum equal to double the total amount of all !'
claims on file. The remaining balance of the unpaid fund, or if no claims are on file and the
Work is complete, the entire unpaid fund shall be released and paid to CONTRACTOR.
2. Upon Substantial Completion of all Work, however, and in accordance with Iowa j
Code 26.13, CONTRACTOR may request the release of all or part of the retained funds
owed. The request shall be accompanied by a sworn statement of CONTRACTOR that, ten
calendar days prior to filing the request, notice was given as required to all known
subcontractors, sub-subcontractors, and suppliers.
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a. Prior to applying for release of retained funds, CONTRACTOR shall send a
notice to all subcontractors, sub-subcontractors, and suppliers that provided labor or
materials for the public improvement project. the notice shall be substantially similar to
the following:
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"NOTICE OF CONTRACTOR'S REQUEST FOR EARLY RELEASE OF RETAINED FUNDS
You are hereby notified that [name of CONTRACTOR] will be requesting an early release of
funds on a public improvement project designated as [name of project] for which you have
or may have provided labor or materials. The request will be made pursuant to Iowa Code
section 26.13. The request may be filed with the [name of governmental entity or
department] after ten calendar days from the date of this notice. The purpose of the request
is to have [name of governmental entity or department] release and pay funds for all work
that has been performed and charged to [name of governmental entity or department] as of
the date of this notice. This notice is provided in accordance with Iowa Code
section 26.13."
b. If at the time of the request for the release of the retained funds labor or
material are yet to be provided, an amount equal to two hundred percent of the value
of the labor or materials yet to be provided, as determined by ENGINEER, may be
withheld until such labor or materials are provided.
3. CONTRACTOR shall release retained funds to subcontractor or subcontractors in
the same manner as retained funds are released to CONTRACTOR by OWNER. Each
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subcontractor shall passthrough each lower tier subcontractor all retained fund payments r
from CONTRACTOR. k
6.03 Final Payment
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A. OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said Paragraph 14.07.
Article 7. HIERARCHY
7.01 In resolving inconsistencies among two or more sections of the Contract Documents,
precedence shall be given in the following order:
First: WRITTEN AMENDMENTS
Second: AGREEMENT
Third: CHANGE ORDERS a
Fourth: ADDENDA
Fifth: GENERAL CONDITIONS
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Sixth: SPECIFICATIONS
Seventh: DRAWINGS
Figure dimensions (numerical) on Drawings shall take precedence over dimensions measured utilizing
a scale.
Article 8. CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents' and the
other related data identified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the
general, local, and Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws
and Regulations that may affect cost, progress and performance of the Work.
D. CONTRACTOR has carefully studied (1) all reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which G
have been identified in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a
Special Environmental Condition, if any, at the Site which has been identified in Paragraph 4.06 of the
General Conditions.
E. CONTRACTOR has obtained and carefully studied (or accepts consequences of not
doing so) all additional or supplementary examinations, investigations, explorations, tests, studies,
and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous
to the Site that may affect the cost, progress, or performance of the Work or which relate to any
aspect of the means, methods, techniques, sequences, and procedures of construction to be
employed by CONTRACTOR, including any specific means, methods, techniques, sequences, and
procedures of construction expressly required by the Contract Documents and safety precautions
and programs incident thereto. I
F. CONTRACTOR does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the Work at the Contract
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Price, within the Contract Times, and in accordance with the other terms and conditions of the
Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER y
and others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, it
or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written kk
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
K. The CONTRACTOR must make frequent inspections during the progress of the Work
to confirm that Work previously performed by the CONTRACTOR is in compliance with the
Contract Documents and applicable laws and regulations bearing on the performance of the Work
and Referenced Standards and that portion of Work previously performed by the CONTRACTOR
or by others are in proper condition to receive subsequent Work.
Article 9. CONTRACT DOCUMENTS
9.01 Contents
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A. The Contract Documents consist of the following:
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1. This Agreement(pages 00520-1 through 00520 12 inclusive);
2. Performance, Payment, and Maintenance Bond (pages to 00600-1 through
00600-5, inclusive);
3. Other bonds
a. (pages to inclusive);
b. (pages to , inclusive);
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C. (pages to , inclusive);
4. General Conditions (pages 00700-1 through 00700- 86 , inclusive);
5. Special Provisions.
6. Specifications as listed in the table of contents of the Project Manual;
7. Drawings—Sheets No. 000 through No. S691.1
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inclusive incorporated herein by reference with each sheet bearing the following
general title:
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Upper Bee Branch Creek- Structures- Contract 2-2015
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as well as drawings listed in the table of contents that are bound at the back of these
specifications.
8. Addenda ( Numbers 1 through 3).
9. Consent Decree agreement per Case No. 2:1-CV-01011-EJM Document 6,
dated June 27, 2011, included in the Special Provisions section.
10. Exhibits to this Agreement(enumerated as follows:) I
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a. CONTRACTOR's Bid (pages 400-5 to 6A.2);
b. Documentation submitted by CONTRACTOR prior to Notice of Award
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C. ( );
11. Special Attachments as follows:
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a. City-ACOE-IDNR Programmatic Agreement.
b. Sales Tax Instruction.
C. Out of State Bond Requirements.
d. Consent Decree.
e. Schedule B Insurance Requirements.
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10. The following may be delivered or issued on or after the Effective Date of the
Agreement:
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a. Notice to Proceed (pages {00 05 50-1 )to { 00 05 50-1 ), inclusive);
b. Work Change Directives (not attached to this Agreement); r
C. Change Order(s) (not attached to this Agreement).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as
provided in Paragraph 3.04 of the General Conditions.
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Article 10. MISCELLANEOUS
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10.01 Terms
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A. Terms used in this Agreement will have the meanings stated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation, monies that may become due and monies that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements, and obligations contained in the Contract
Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue
to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid and
enforceable provision that comes as close as possible to expressing the intention of the stricken
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10.05 Nonwaiver
A. No provision of the Contract Documents will be deemed waived by reason of one party
failing to enforce the provision on one or more occasions.Any such waiver must be in writing.
10.06 Integration j
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A. The parties' entire agreement is contained in the Contract Documents, and the
provisions of the Contract Documents supersede all prior discussions or writings between the parties.
10.07 Attorney's Fees f
A. In the event the Owner should prevail in any legal action arising out of the performance
or non-performance of this Agreement, the Contractor shall pay, in addition to any damages, all
expenses of such action including reasonable attorney's fees, all expert witness fees, costs, and
litigation expenses incurred by the Owner, including those incurred on appeal. The term "legal action"
shall be deemed to include any arbitration, administrative proceedings, and all actions at law or in
equity, including appeals.
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INSTRUCTIONS FOR EXECUTING CONTRACT
The full name and business address of CONTRACTOR should be inserted and the Agreement should
be signed with CONTRACTOR's official signature. Please have the name of the signing party printed
under all signatures to the Agreement.
If CONTRACTOR is operating as a partnership, each partner should sign the Agreement. If the
Agreement is not signed by each partner, there should be attached to the Agreement a duly
authenticated power of attorney evidencing the signer's (signers') authority to sign such Agreement for
and on behalf of the partnership.
If CONTRACTOR is an individual, the trade name (if CONTRACTOR is operating under a trade name)
should be indicated in the Agreement and the Agreement should be signed by such individual. If signed
by other than CONTRACTOR, there should be attached to the Agreement a duly authenticated power
of attorney evidencing the signer's authority to execute such Agreement for and on behalf of
CONTRACTOR.
If CONTRACTOR is operating as a limited liability company, and it is member-managed, each member
should sign the Agreement, or an authorized member should sign. If the LLC is manager-managed, an
authorized manager should sign. If the Agreement is not signed by each member, there should be
attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers')
authority to sign such Agreement for and on behalf of the LLC.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in quadruplicate.
One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of
the Contract Documents have been signed or identified by OWNER and CONTRACTOR or identified
by ENGINEER on their behalf.
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This Agreement will be effective on MAA 2U, 015
(which is the Effective Date of the Agreement).
OWNER
A CIA& l VaN A'11;4 �rtr�✓ (,e �awa 9-e., (Seal)
ignature and/title
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ATTEST:
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By:
S gnatur and Title
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Address for Giving Notices:
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Name:
Street:
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City, State, Zip Code:
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Phone:
Facsimile:
E-mail:
Designated Representative:
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CONTRACTOR TA 16QAI,6EA1Mf L CCA)5TRLlCfl Q? )
(Seal)
Signature and Title
ATTEST:
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By:
Signature and Title
Address for Giving Notices:
Company Name: 6E AL WAISTS kOMOA)
Street: Q_q5 k EaA51 6LVD SWE, ,-
City, State, Zip Code: D(2BuQuei iA J2.-')® 1
Phone: a03 ' J 89• q5/41
Facsimile: 5ta3. 6819 . 1515
E-mail: rcA1"i cha/"X_0 f r i C D/lCU COH
Designated Representative:
(For Purposes of Notices)
License No.:
(Where applicable)
(If CONTRACTOR is a corporation, limited liability company, or a partnership, attach evidence of
authority to sign.)
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If CONTRACTOR is a corporation, the 'Secretary of the corporation should sign the certificate below. If
the Agreement itself is signed by the Secretary of the corporation, the certificate below should be
executed by some other officer of the corporation, under the 'corporate seal. In lieu of the following
certificate, there may be attached to the Agreement copie's'of so much of the records of the corporation
which will show the official character and authority of the officers signing, duly certified by the Secretary
or Assistant Secretary under the corporate seal to be true copies.
I, certify that I am the
(Print Name) (Title of Officer Signing Certificate)
of the corporation named as CONTRACTOR herein above; that
(Print Name of Officer Signing Agreement)
who signed the foregoing Agreement on behalf of CONTRACTOR was then
of said corporation; that said Agreement was duly signed
(Title of Officer Signing Agreement)
for and on behalf of said Corporation by authority of its.governing body, and is within the scope of its
corporate powers.
(Corporate Seal)
)
END OF SECTION'
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BID
UPPER BEE BRANCH CREEK—
STRUCTURES
CONTRACT 2-2015 9
CITY OF DUBUQUE, IOWA a
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Contract award will be made based on the Computed Total Base Bid plus any Alternatives
selected. The price for all Base Bid items shall be included in the Computed Total Base Bid.
Alternative Bids will be added to or deducted from the Computed Total Base Bid, if they are
accepted, prior to Contract award being made.
OWNER reserves the right to accept or reject any alternatives to the Computed Total Base Bid.
Should OWNER wish to consider alternatives listed, Bidder may be required to provide additional j
information as listed in Article 6.05 of the General Conditions, prior to Notice of Award.
The followingrices per item shall be for furnishing and installing the various items of material and
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work as specified and shown on the drawings. Bidder agrees to perform the Work as shown on the
Drawings and described in the Specifications for the following listed prices. Bidder acknowledges
that unit prices have been computed in accordance with Paragraph 11.03.13 of the General j
Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for
the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on
actual quantities, determined as provided in the Contract Documents.
NOTE: A price must be bid for each item in the Bid. Unbalanced or unreasonable unit prices may
cause rejection of the Bid. All words and numbers shall be in ink.
Item No. Description Quantity Unit Unit Cost Extension u
Overall Channel Site
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1. Coordination, Field Engineering and 1 LS $ $
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Meetings
2. Contract Closeout 1 LS $ $
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3. Field Office 1 LS $ $
4. Connection Structure 1 LS $ $
5. Provide Opening in Bee Branch 1 LS $ $
Culvert-Connection Structure
6. Inlet Structure 1 LS $ $
7. Rhomberg Bridge-Structure 1 LS $ $ G
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8. 22nd Street Bridge-Structure 1 LS $ $
9. Outfall Overlook-Structure 1 LS $ $
10. Weirs(Outfall Overlook,Aeration 1 LS $ $
Structure)
11. Outfall Lookout-Structure 1 LS $ $
Revised Section 00 04 00-5
1154.007/2-2015(Addendum No.2)
Item No. Description Quantity Unit Unit Cost Extension
12. Aeration Structure 1 LS $ $
13. 24th Street Culvert(18'x8'CIP Box 1 LS $ $
Culvert)
14. 22nd Street Culvert(10'x6'CIP Box 1 LS $ $
Culvert)
15. Washington Street CIP Baffle Box 1 LS $ $
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16. Pine Street CIP Baffle Box 1 LS $ $
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17. Lincoln Avenue CIP Baffle Box 1 LS $ $
18. Channel Pier 11 EA $ $
19. 24th Street Kiosk 1 LS $ $
20. 22nd Street Kiosk/Bus Shelter 1 LS $ $
21. 24th Street Junction Box 1 LS $ $
22. Kniest Biofield Boardwalk CIP Concrete 1 LS $ $
23. 22nd Street Spillway Boardwalk CIP 1 LS $ $
Concrete
24. Temporary Channel/Bee Branch 1 LS $ $
Opening and Repair-Washington
Street
COMPUTED TOTAL BID CONTRACT 2-2015 (ITEMS 1 THROUGH 24)
Dollars $
(Words) (Numbers)
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Revised Section 00 04 00-6
1154.007/2-2015(Addendum No.2)
UPPER BEE BRANCH CREEK-STRUCTURES
CONTRACT 2-2015
CITY OF DUBUQUE,IOWA
Unit Total
No. Descri tion Quantity Unit Price Price
Overall Channel Site
1. Coordination,Field Engineering and I LS $ 359,257.00 $ 359,257.00
Meetings
Z Contract Closeout I LS $ 5,000.00 $ 5,000.00
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3. Field Office I LS $ 80,000.00 $ 80,000.00
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4. Connection Structure 1 LS $ 195,060,00 $ 195,060.00
5. Provide Opening in Bee Branch Culvert- 1 LS $ 17,488,00 $ 17,488,00 hl
Connection Structure
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6. Inlet Structure I LS $ 491,043.00 $ 491,043.00
7. Rhomberg Bridge-Structure I LS $ 1,252,000.00 $ 1,252,000.00
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8. 22nd Street Bridge-Structure 1 LS $ 1,302,000.00 $ 1,302,000,00
9. Outfall Overlook-Structure I LS $ 392,000.00 $ 392,000.00
10. Weirs(Outfall Overlook,Aeration 1 LS 15,000.00 15,000.00
Structure)
11. Outfall Lookout-Structure 1 LS 141,000.00 141,000.00
12, Aeration Structure I LS $ 13,250.00 13,250.00
13. 24th Street Culvert(18'x8'CIP Box I LS 518,500.00 $ 518,500.00
Culvert)
14, 22nd Street Culvert(10'x6'CIP Box 1 LS 105,700.00 $ 105,700.00
Culvert)
15. Washington Street Cl P Baffle Box I LS 90,530.00 90,530,00
RAPrcjects\PotentIaI\Bid for Dbq Bee Branch Bid Items Spreadsheet Section 00400-5.1
Unit Total
No. Desai tion Quantic v Unit Price Price
16. Pine Street CIP Baffle Box I LS $ 134,125.00 $ 134,125.00
17, Lincoln Avenue CIP Baffle Box I LS $ 32,500,00 $ 32,500.00
18. Channel Pier 11 EA $ 6,360,00 $ 69,960.00
19. 24th Street Kiosk I LS $ 29,000.00 $ 29,000.00
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20. 22nd Street Kiosk/Bus Shelter 1 LS $ 71,000,00 $ 71,000.00'
21. 24th Street Junction Box 1 LS $ 11,700.00 $ 11,700.00
22. Kniest Biofield Boardwalk CIP Concrete 1 LS $ 25,620.00 $ 25,620.00
23. 22nd Street Spillway Boardwalk CIP I LS $ 8,567M $ 8,567.00
Concrete
24. Temporary ChanneVBee Branch I LS 21,700.00 $ 21,700,00
Opening and Repair-Washington Street
$
COMPUTED TOTAL 5,382,000.00
ITEMS NO.1 THROUGH 24
Five Million,Three Hundred Eight-Two Thousand Dollars $ 5,382,000.00
(Words) (Numbers)
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Section 00400-6,1
RVrojects\PotentlaWid for Dbq Bee Branch—Bid Items Spreadsheet
ALTERNATIVE BID NO. 1
UPPER BEE BRANCH CREEK-
STRUCTURES
CONTRACT 2-2015
CITY OF DUBUQUE, IOWA
Item No. Description Quantity Unit Unit Cost Extension
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1. Rhomberg Bridge-14-IN DIA Steel 4,580 LF $ $
Pipe Piling
2. 22nd Street Bridge-l4-IN DIA Steel 4,180 LF $ $
Pipe Piling
COMPUTED TOTAL ALTERNATIVE BID NO. 1j
Dollars $
(Words) (Numbers)
ALTERNATIVE BID NO. 2
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UPPER BEE BRANCH CREEK- l
STRUCTURES (i
CONTRACT 2-2015
CITY OF DUBUQUE, IOWA
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Item No. Description Quantity Unit Unit Cost Extension
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1. Rhomberg Bridge-16-IN DIA Auger 4,040 LF $ $
Cast Grout Piles
2. 22nd Street Bridge-16-IN DIAAuger 4,580 LF $ $
Cast Grout Piles
3. Auger Cast Grout Pile Static Load 2 EA $ $
Tests
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COMPUTED TOTAL ALTERNATIVE BID NO. 2
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Dollars $
(Words) (Numbers)
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Revised Section 00 04 00-6A I
1154.007/2-2015(Addendum No.2) 1
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UPPER BEE BRANCH CREEK-STRUCTURES
CONTRACT 2-2015
CITY OF DUBUQUE,IOWA
ALTERNATIVE BID NO.1
I
Uhit Total `
I
No. Descri tionQuantic Unit Price Price
i
1. Rhomberg Bridge-14-IN DIASteel Pipe 4,580 LF $ 38.00 $ 174,040.00
Piling j
I'll;
2. 22nd Street Bridge-14-IN DIA Steel Pipe 4,180 LF $ 38.00 $ 158,840.00 I ?
Piling
it
COMPUTED TOTAL 332,$80.00
ITEMS NO.I THROUGH 2
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Three Hundred Thirty-Two Thousand, Eight Hundred Eighty Dollars $ 332,880.00
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Section 00400-6A.1
R:\ProjecWPotential\Bid for Dbq Bee Branch—Bid Items Spreadsheet
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UPPER BEE BRANCH CREEK-STRUCTURES
CONTRACT 2-2015
CITY OF DUBUQUE,IOWA
ALTERNATIVE BID NO.2
Unit Total
No. Desai tion Quantity Unit Price Price
1. Rhomberg Bridge-l6-IN DIA Auger Cast 4,040 LF $ IMOO 444,400.00
Grout Piles
2, 22nd Street Bridge-16-IN DIA Auger 4,680 LF $ 1M0 $ 503,800.00
Cast Grout Piles
3. Auger Cast Grout Pile Static Load Tests 2 EA $ 95,000.00 $ 190,000.00
$
CQMPUTED TOTAL 1,138,200,00
ITEMS NO.I THROUGH 3
One Million,One Hundred Thirty-Eight Thousand,Two Hundred Dollars 1,138,200.00
(Words) (Numbers)
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Section 00400-6A.2
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UPPER BEE BRANCH CREEK -
STRUCTURES
CONTRACT 2-2015
CITY OF DUBUQUE, IOWA
SECTION 00 06 00
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
Bond No. 09092143
KNOW ALL BY THESE PRESENTS:
That we, Tricon General Construction, Inc., as Principal (hereinafter the "Contractor" or
"Principal" and Fidelity and Deposit Company of Maryland , as Surety are
held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred
to as "the 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 Five million, seven hundred and fourteen
thousand, eight hundred and eighty dollars ($5,714,880.00), 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 26th day of May
2015 , hereinafter the "Contract") wherein said Contractor undertakes and agrees to
construct the following described improvements:
Upper Bee Branch Creek — Structures
Project consists of the construction of a variety of cast -in-place concrete including
connection structure, inlet structure and Rhomberg Bridge, 22nd Street Bridge,
Headwater Overlook, 18' x 8' CIP box culvert, 10' x 6' CIP box culvert, aeration
structure, three -baffle box vaults, storm sewer vaults, channel piers, and two kiosks.
Excavation, dewatering, soil retention, backfill and restoration for this work will be
completed by others under the Upper Bee Branch Creek — Channel, Streets, & Utilities
Project, Contract 1-2015.
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.
Section 00 06 00-1
1154.007/2-2015
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 above referenced
improvements, 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 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 within the period of Two year (s) from
the date of acceptance of the work under the Contract, by reason of
defects in workmanship 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 agreement 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:
Section 00 06 00-2
1154.007/2-2015
A. To consent without notice to any extension of time to the Contractor in
which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract
Documents, 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 20% of the total contract
price, and that this bond shall then be released as to such excess
increase; and
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 that five years after the acceptance of the work under the
Contract the right to sue on this Bond.
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
Section 00 06 00-3
1154.007/2-2015
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 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 the Iowa District Court for 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.
Section 00 06 00-4
1154.007/2-2015
Witness our hands, in triplicate, this 26th
2015
Surety Countersigned By:
Signature of Agent
Thomas 0. Chambers
Printed Name of Agent
Shorewest Surety Services, Inc.
Company Name
2626 49th Drive
Company Address
Franksville, WI 53126
City, State, Zip Code
262-835-9576
Company Telephone Number
FORM APgOVED BY:
Attorney for O
NOTE:
By:
By:
day of May
PRINCIPAL:
Tricon General Construction, Inc.
Contractor
Ronald Ofieliefe
Owner
Title
SURETY:
Fidelity and Deposit Company of Maryland
Signature Attorney -in- a f(f r"
Thomas O. Chambers
Printed Name of Attorney -in -Fact Officer
Fidelity and Deposit Company of Maryland
Company Name
1400 American Lane Tower I, 19th Floor
Company Address
Schaumburg, IL 60196
City, State, Zip Code
847-605-6000
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 seal.
3. The Certificate or Power of Attorney accompanying this bond must be valid on its face
and sealed with the Surety's seal.
4. 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.
Section 00 06 00-5
1154.007/2-2015
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by
THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said
Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby
nominate, constitute, and appoint Thomas O. CHAMBERS and Todd SCHAAP, both of Franksville, Wisconsin, EACH its true and
lawful agent and Attorney -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 and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said.
Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected
officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected
officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper
persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of May, A.D. 2012.
Assistant Secretary
Eric D. Barnes
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
Vice President
Thomas O. McClellan
State of Maryland
City of Baltimore
On this 2nd day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O.
MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that
he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that
the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Maria D. Adamski, Notary Public
My Commission Expires: July 8, 2015
POA -F 184-0010C
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attomey and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this z6day of Moly , 20 1 5.
Geoffrey Delisio, Vice President
STATE OF WISCONSIN )
COUNTY OF Kenosha
ON THIS 26th day of May
2015
before me, a notary public, within and for said County and State, personally appeared
Thomas 0. Chambers to me personally known, who being duly sworn,
upon oath did say that he is the Attorney -in -Fact of and for the
Fidelity and Deposit Company of Maryland , a corporation
of Maryland
, created, organized and existing under and
by virtue of the laws of the State of Maryland ; that the corporate seal
affixed to the foregoing within instrument is the seal of the said Company; that the seal
was affixed and the said instrument was executed by authority of its Board of Directors;
and the said Thomas 0. Chambers did acknowledge that he/she
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