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Improvement Contract/Bond_Tschiggfrie Excavating, Inc. for Timber Ridge Rustic Point Water Main Ext 2017 Copyrighted July 5, 2017 City of Dubuque Consent Items # 28. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Insituform Technologies USA, LLC for the 2107 (CIPP) Sanitary Sewer Lining Project; John C. Kaiser Company for the Grand River Center First Floor Concourse Painting Project; Tschiggfrie Excavating, Inc. for the Timber Ridge/Rustic Point Water Main Extension 2017 Project; Volkens Excavating, Inc. for the Hwy 20 Conduit Project- Wacker Drive to Hill Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Instituform Technologies Contract/Bond Supporting Documentation John C. Kaiser Vendor Service Agreement Supporting Documentation Tschiggfrie E)r-avating, Inc. Contract/Bond Supporting Documentation Volkens E)r-avating, Inc. Contract/Bond Supporting Documentation SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 TIMBER RIDGE/RUSTIC POINT WATER MAIN EXTENSION 2017 PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 6th day of June , 2017 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Tschiggfrie Excavating Inc(Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: 1 CONTRACTOR AGREES: 7 To furnish all material and equipment and to perform all labor necessary for the I i{ TIMBER RIDGE/RUSTIC POINT WATER MAIN EXTENSION 2017 PROJECT (Project). 1. CONTRACT DOCUMENTS u A. The Contract Documents consist of the following: 7. Project Title Page (Section 00100). 8. Project Directory Page (Section 00101). 9. This Public Improvement Contract (Section 00500). j 10.Performance, Payment, and Maintenance Bond (Section 00600). 11.Out-of-State Contractor Bond (Section 00610). 12.Other Bonds: a. (Bond Name) (pages—to_ , inclusive). b. (Bond Name) (pages_to_ , inclusive). c. (Bond Name) (pages_to_ , inclusive). ) 13.The Iowa Statewide Urban Design And Specifications (SODAS) 2017 Edition. 14.CITY OF DUBUQUE Supplemental Specifications 2015 Edition. 15.Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 16.Special Provisions included in the project Contract Document Manual. 17.Drawings–Sheet No. A.01 through No. W.15 (63 pages) or drawings consisting of sheets bearing the following general title: 18.Addenda (numbers _to_ , inclusive). 19.Insurance Provisions and Requirements (Section 00700). 20.Sales Tax Exemption Certificate (Section 00750). SECTION 00500 Page 2 of 6 21.Site Condition Information (Section 00775). 22.Construction Schedule and Agreed Cost of Delay (Section 00800). 23.Erosion Control Certificate (Section 00900). 24.Consent Decree (Section 01000). 25.Other Project Information and Permits (Section 01100). 26.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages_to®, inclusive). b. Bidder Status Form (Section 00460). ii c. Contractor Background Information Form (Section 00471) d. The following documentation that must be submitted by Contractor prior to Notice of Award. i. i ii. iii. jl e. None. 27.The following which may be delivered or issued on or after the Effective Date of the j Agreement: j a. Notice to Proceed (Section 00850). I% b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 2. 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. 3. 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. i 4. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in 9 connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 5. 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. I SECTION 00500 Page 3 of 6 6. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 7. 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. 8. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including { but not limited to attorneys' fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or " anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. 9. The Contractor hereby represents and guarantees that it has not, nor has any other person 11 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. 10. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which provisions apply to said Bond. 11. 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. 12. The Project must be constructed in strict accordance with the requirements of the laws of the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in accordance with the Contract Documents. A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). SECTION 00600 Page 4 of 6 B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act, if applicable, and related labor requirements and regulations and the Federal Wage Determination for this Project. C. Equipment or products authorized to be purchased with federal funding awarded for 1 this Contract must be American-made to the maximum extent feasible, in accordance with Public Law 103-121, Sections 606(x) and (b). I r CONSENT DECREE RELATING TO THE PROJECT 13. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. CITY CONTRACTOR i ® THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. Ij The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms II and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at j? http://www.cit ofd dubugue.org/DocumentCenter/Home/View/3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any i SECTION 00500 Page 5 of 6 documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to i the EPA or IDNR. �I i CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: 1. 1 have received a copy of the Consent Decree in the case of The United States of !' America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number I' Case 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. j! p 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR �I� I Co actor By:0)t +�. gnature AW 01 C .� aPried Name � Title 6 t N 401:2 Date SECTION 00500 Page 6 of 6 THE CITY AGREES: 14. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. Ir CONTRACT AMOUNT $ 883,232.74 !� 3 CITY OF DUBUQUE, IOWA: City Mana er's Office Department By: f Signatur Michael C. Van Milligen Printed Name City Manager Title d Date ' ii i1 CONTRACTO I' C tact By: Signature Printed Name Title Date END OF SECTION 00500 0 i SECTION 00800 Page 1 of 2 CONSTRUCTION SCHEDULE AND AGREED CONS OF DELAY SECTION 00800 800.1 SCHEDULE: H y CALENDAR DAY SCHEDULE: Work required by the Contract Documents shall commence within ten (10) calendar days after Notice to Proceed has been issued and shall be Substantially Complete by August 1, 2017_ and Finally Complete by August 1, 2017 ._ WORKING DAY SCHEDULE: p Work required by the Contract Documents shall commence within ten (10) calendar days after Notice to Proceed has been issued and shall be Substantially Complete within i! N/A working days and Finally Complete within working days. l 800.2 AGREED COSTS OF DELAY: j Time is of the essence of the Contract. As delay in the diligent prosecution of the work may inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the City such as engineering, administration, and inspection, it is important that the work be prosecuted vigorously to final completion. An extension of the contract period may be granted by the City for any of the following reasons: i 1. Additional work resulting from a modification of the Contract Documents by approved change order. 2. Delays caused by the City. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such. Should the Contractor, or in case of default the Surety, fail to complete the work within the specified Substantial and Final Completion Dates, a deduction at the daily rate for agreed costs of delay will be made for each and every calendar day or working day, whichever is specified, such that the work remains uncompleted. The Contractor or the Contractor's Surety shall be responsible for all costs incidental to the completion of the work, and shall be required to pay the City the following daily costs: i A. For each calendar day that any work remains uncompleted beyond the Substantial Completion date the contractor will be assessed and shall pay, $1000 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Substantial Completion requirements are met. B. For each calendar day that any work remains uncompleted beyond the Final Completion date the contractor will be assessed and shall pay, $1000 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Final SECTION 00800 Page 2 of 2 Completion requirements are met. Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration of the Substantial and Final Completion dates or extension thereof shall in no way operate as a waiver on the part of the City of any of its rights or remedies under the contract, including its right to Agreed Cost of Delay pursuant to this provision. Furthermore, l the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of the Contract. The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as the true and actual damages due the City for loss to the City and to the public due to { obstruction of traffic, interference with business, and/or increased costs to the City such as engineering, administration, construction, and inspection after the expiration of the contract times, or extension thereof. Such Agreed Cost of Delay will be separately invoiced to the j Contractor, and final payment will be withheld from the Contractor until payment has been made of this invoice for the agreed cost of delay. The Contractor and its surety shall be liable 1 for any agreed cost of delay in excess of the amount due the Contractor. END OF SECTION 00800 pi 1 i �i i !I 'i I i 9 i P F C zz f SECTION 00900 Page 1 of 1 EROSION CONTROL CERTIFICATION SECTION 00900 6/16/17 Dated: � City: City of Dubuque Address: 50 W. 13th Street Dubuque, IA 52001 Project: TIMBER RIDGE/RUSTIC POINT WATER MAIN EXTENSION 2017 PROJECT Contract No. CIP7402704 Description: _Construction of 6800 LF of 12" C900 water main and related fire hydrants along John F. Kennedy Road from near Grandview United Methodist Church to Timber Ridge sub-division and along Derby Grange Road from John F. Kennedy Road to the Derby Grange Golf Facility. I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Permit that authorizes the storm water discharges associated with industrial activities from the construction site and as detailed in the Contract Documents. Further, by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for"Storm Water Discharge Associated with Industrial Activity for Construction Activities" at the project site. As a co-permittee, I understand that I, and my company, are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water pollution prevention plan developed under this NPDES permit and the terms of this NPDES permit. I agree to indemnify and hold the City harmless from any claims, demands, suits, causes of action, settlements, fines, or judgments and costs of litigation, including, but not limited to, reasonable attorney's fees and costs of investigation and arising from a condition, obligation, or requirement assumed or to be performed by the Contractor for storm water pollution and erosion control. Fines and other costs incurred against the City for the Contractor's failure to provide the required erosion control practices will be paid by the Contractor. Contractor: Tschiggfrie Excavating By: L22Z (Authorized Signature) sc igg TTe Vice-President (Title) t Bond No.0565703 SECTION 00600 Page I of 4 PERFORMANCE, PAY TENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: iii That We,Tschiggfrie Excavating Co. as Principal (hereinafter the "Contractor or "Principal") and International Fidelity Insurance Company as Surety are-held and firmly bound unto the CityofDubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of ---Eight Hundred Eighty Three Thousand Three Hundred Twentydollars _1hree and 74/100--- �337 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 Vh day of June 2017, (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for TIMBER RIDGEIRUSTIC POINT WATER MAIN EXTENSION 2017 PROJECT detail the following described improvements: TIMBER RICI GEIRLISTIC POINT WATER MAIN EXTENSION 2017 PROJECT It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1 PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT, The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor,wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the SECTION 00600 Page 2 of 4 claims of said claimants against said porton 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 Documents within the period of two (2) year(s)from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B, To keep all work in continuous good repair; and C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted, 4, GENERAL. Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent(20%) of the total contract price, and that this Bond shall then be released as to such excess increase; Cw 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: SECTION 00600 Page 3 of 4 D. That no provision of this Bond or of any other contract shall be valid that limits to less ii than five (5) 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 anyili 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 Owners staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights., powers, and remedies given to the Owner, by law, The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents, second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it li SECTION 00600 Page 4 of 4 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 i! limit liability hereunder, The Contract and Contract Documents are hereby made a part of this Bond. Ili Project No. 7402704 Witness our hands, in triplicate, this 6th day of June 201T SURETY COUNTERSIGNED BY: not required FORM APPRO Y: Signature of Agent Representative f r Owner Printed Name of Agent SURETY: Company Address international Fidelity Ins ane gompany Suret 00a n y City,State,Zip Code By. S atul_e U ,-ignature"Atiorney-in-Fact icera, Company TelephonNumber Dione R.Young,Attorney-in-Fact&Iowa Resident Agent e Printed Name of Aftorney-in-Fact Officer PRINCIPAL: Holmes, Murphy and Associates, LLC Company Name Tschiggfrie Excavating Co. Contractor P.O. Box 9207 Company Address i Sign re Des Moines, IA 50306-9207 City,State,Zip Code Printed Name (515)223-6800 Company Telephone Number Title 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. & 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 `s"�f v sr r " '', °""}' " '.x`x "yt=`t- .sla" ':.., i y. S' w r ..^. �.. .,„; ,..� s :v�%'s is ""x ... wzs?w' r Yy}g+. 'sr$ �, "' .. -. ,aL. >� rl^ k,a z€.- .. °v.s "�.g srs€ - fr r' ''Irb�d� w� �^ xq , A .:1 '.a _ 3 ,g a`� iq� -;' $ i a e� -.)� .. ¢� r` $ �,P r d r� € y, S_ a. Ss `5^,b_.1s Tei97 ) fiQ . .�M,...,;,,_�:_ :..:...­­. , -" ilm , . ,� ��,�,":;:����-"."i.f�',.'-,,'.-.,i;:�::�3������'-:�,,.,, , ..INTE;IN�1T1NLIStU# �►N C,OI�ANY ALLEGf#ENY;CA ;U}� Tlf CO.iVIPNY ONE NEtJUARK CEN ER,20TH FLOOR NEWARK;:NEW JERSEI' 1)7102-52Q7 Ki3L?W AL L MEN BYTHESE PRESENTS. That IN 1 ERNATIONAL FIDELITY INSU.RiANGE COMPANY,a corporation<organized a1.nd oxisting under tha law1.s of the State of New Jersey, and ALLEGHENY CASUALTY. COMPANY a corporation organize1.d and eXisting under the laws of the State of New Jerse}r,Having their 1.,principal office in the City of Newark;:New Jefsey,.do hereby constitute and appoint . STA, VENN,.CRAIG E. HANSEN, GINGER HOKE, bIQNE R YOUNG, JAY Q. FFiE1.IERM .TH,. ANN1.A CROWNER, BRIAN M. DEIMERLY SHiRLEY S.iBARTENHAGEN, TIM MCCULLOH, CINDY BENNETT,.. . AU .Dl ,e their true and lawfui attorneys)-€n fact to execute seal and deliver for and on its behalf as surety,any and a€1 bonds and undertakJng"s,contracts of indemnity and other.writin s obligatory;:in the nature thereof, which are or may be allowed,require. or ,permitted, y law,statute,rule,'r ulation,:contract ar other1. wise and,the execu on of°such instruments) in pOMsPf�NY, ast fully and amply to aIle€raster fs angd p1.uorpo es asd€ft1h�s�m hOadgbeel dully"Yez.I 1.cuted and COMPANY and ALLEGHENY CASUALTY C % acknowletlged by:their regularly etected othce­lllrs 1,1�at their il�pri1:1,ncipal officesI 1.. Tt 3s. Power of,Attorney is executed,aril mayy he.revoked, pursuant fo and..by author€#y of the Byy-Laws of INTERNATIONAL FfDEL1T.. .. .RANCE 1. COMPANY avid ALLEGHENY CASUALTY COMPANY and,is granted under acid by autftorfty of the following resolution adopted by .the Boartt'of Directors. 1. 1 of: INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held:on the 20th day of July,2010 and by the Board , Directors of ALLEGHENY CASUALTY COMPANY at,a meet!ng,duly held on the 10th day of July,2415 %11 I - R. "RESOLVED that'- 1)the.Chief Executive Officer.President,Executive1. Vice President,Vice President or Secretary of the Corporation:shall-have the pov✓er to P appoint,and to revoke the appointments of,Attorneys in Fact_or agents With power,and,authgrity a, d6 Ined.or limited in their respects,, .I ars of attorney arid.to execute on behalf of the.Corpora#ion acid affix:the Corporation`s seal thereto,bonds,undertakings, recognizances,I. contracts of indernmty.and other written obiggatipns an.the nature fhereof or rel1.ated thereto; ;and (2)Jany Sucfi3OffiCers of theI.:Corporation may appoint and revoke the appom..1. . .of )Dint-coritraf custodians;:agents for acceptance of process,and Attorneys-in-fact.with authority to execute waivers and consents.on behalf of the Corpdration; anile (3':the`signature of any.such.Officer of:the Corporation and.the.Corporation's.seal may be affixed by facsimile to:any:power of attorney or certif potion given_1 .lhe execution of;anyy bond;undertaking recognixance,.:contract of milemnity or other written obligation En the nature Ther.,, I .or relatetl:.thereto such.signature,2nd.seals when Sq used whether heretoforeor hereafiter, be'iig hereby adopted by rhe Corporation as the original'signature of such-officer" and the onglnai1..seat of the Corporation,to be valid antl binding up6n.the1.;Corporatron with the,same force an.:d effect as though'!manually afftxed.;:1. f' IN WITNESS WtiEREOf, INTERNATIONAL FIDELITY°.1NSURARICE COMPAN1.Y and ALLEGHENY'CAStALTY COMPANY haveeacti':executed and attested these presents on this 31st day of December„21)16. r,N AkT , ` STATE OR NEW JERSEY 1' W ` County of Essex .` 1. ��, :111 p ' `: ", b , . €" �{ IW, "" 4 93 �`. . ` ROBERT W.MINSTER ' " �, �,1tt' Chief Ex6cOfficereiIn#ePrnational Fideli� 't' JEi��� I,I nsurance orripany) nil; resident(Alice.any Casualty Company) 1 On this 31st day of December 2016;before irie came;t1.he intlividual who executed the precedin1.g iristrur.ent,to me personalty known,!ond,being''y me:tuiy. •sworn- said he. €s'the therein de1.scrlbed and:%authorized officer of-I1.NTERNATIONAL •FIDELITY INSURANCE COMPANY'. : ALLEGHENY CASUALTY COMPANY.,.that the seas affixed,to said instrurhert# are the Corporate SeI :Lars:of1.said Companies;th1.at the said Corporate Seals and his signature were .1111, duly affixed by order of the Boards of Directors o#said Companie1.s1. IN TESTIMONY WHEREOF €have hereunto set m hand affixed my t7fficiaf Seal �����ijw0lJ.,,a,,: at the City of Newark New Jersey:rp day and year fYrst abov1.11 .e wntten: �•�'' �'INY�R �'"�� S siov '1.'^ ���s; �� Q M O:T.+,A Y 4 �' 1­1 ' jjo. ''!ci1.1. 1. A tJOTARY PUBL{C OF iJEW JERSEI'11. . x1. 1. 1. My Commission'Expires April 16,2Q19 '�. I NE�'a``y' 4. CERTIFICATION .. __ . . I,,the undersigned offic1.er of INTERNATIONAL FIDELITY INSl1;RANGE'COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have. co1.mpared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of t1.he 8y»Laws of said Companies,as set forth in saki P©war of Attorney;: with the'angina€s on the in the1.home office of said companies, and tha# the same ate correct transcripts the1.reof,and of the whose of the said originals,and that the said1. Power of Attorney has riot been revoked and is now€n full force and;effect. IN. TESTIMONY.'WHEREOF. .l,have hereon#o.set my hand This day of �Ut1C, O�J % 4 T'� �X. �! o iviA A NC Assist ecCetary ; pp I BILA Ox nt S I '��i f �i _ '�. ..� s. ..,.,._ .,k. ... §' e. �.,. k... _4..:.v..,. _. ..P k....:. L.. .r.e w ..R r_".7_.Q_. P-5...fi....... ...➢...... ��.x_ 3., S a..e_, a. , nr ..,.-