Contract/Bond_SELCO, Inc. for 2016 Pavement Marking Project Copyright 2014
City of Dubuque Consent Items # 30.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: SELCO, Inc. for the 2016 Pavement Marking Project;
Gansen Excavating, Inc. for the South Fork Catfish Creek
to Timber-Hyrst Estates #4 North & South Lines Creek
Crossings 2016; Portzen Construction, Inc. for the North
Grandview Avenue and Delhi Street Roundabout
Intersection Improvement Project; Visu-Sewer, Inc. for the
FY2016 Sewershed 5, 7, 11, & 12 Manhole Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Selco, Inc. Contract& Bond Supporting Documentation
Gansen Excavating Contract& Bond Supporting Documentation
Portzen Construction Contract& Bond Supporting Documentation
Visu-Sewer, Inc. Contract& Bond Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
2016 PAVEMENT MARKING PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
references purposes the 10Lh day of May, 2016 between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City),
and SELCO, Inc. (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
2016 PAVEMENT MARKING PROJECT (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
6. Project Title Page (Section 00100).
7. Project Directory Page (Section 00101).
8. This Public Improvement Contract (Section 00500).
9. Performance and Payment Bond (Section 00600).
i
10.Out-of-State Contractor Bond (Section 00610).
11.Other Bonds:
a. (Bond Name) (pages—to_ , inclusive).
b. (Bond Name) (pages_to_ , inclusive).
c. (Bond Name) (pages_to_ , inclusive).
12.The Iowa Statewide Urban Design And Specifications (SODAS) 2015 Edition.
13.CITY OF DUBUQUE Supplemental Specifications 2015 Edition.
14.Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
15.Special Provisions included in the project Contract Document Manual.
16.Drawings–Sheet No. through No. (00 pages) or drawings consisting of
sheets bearing the following general title:
City of Dubuque Pavement Markings, 2016
17.Addenda (numbers 01 to 01 , inclusive).
18.Insurance.Provisions and Requirements (Section 00700).
19.Sales Tax Exemption Certificate (Section 00750).
20.Site Condition Information (Section 00775).
21.Construction Schedule and Agreed Cost of Delay (Section 00800).
22.Pavement Marking (Section 08020).
SECTION 00500
Page 2 of 6
23.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages_to _, inclusive).
b. Bidder Status Form (Section 00460).
c. Contractor Background Information Form (Section 00471)
d. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i.
ii.
iii. a
e. None.
24.The following which may be delivered or issued on or after the Effective Date of the
Agreement: f
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the i
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any
claim by any party that may be filed for labor and materials done and furnished in
connection with the performance of this Contract and for a longer period if such claims are
not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or
Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any
claim that has been filed against it for damages to persons or property arising through the
prosecution of the work and such sums will be held by the City until such claims have been
settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix
any other defect in any part of the Project, even if the Project has been accepted and fully
paid for by the City. The Contractor's maintenance bond will be security for a period of two
years after the issuance of the Certificate of Substantial Completion.
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.
SECTION 00500
Page 3of6
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including I
but not limited to attorneys' fees, arising out of or resulting from performance of this
Contract, provided that such claim, damages, loss or expense is attributable to bodily
injury, sickness, disease or death, or injury to or destruction of property, including loss of
use resulting there from, but only to the extent caused in whole or in part by negligent acts
or omissions of Contractor, or anyone directly or indirectly employed by Contractor or
anyone for whose acts Contractor may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder.
10. The Contractor hereby represents and guarantees that it has not, nor has any other person
for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any V
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 N
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.
�I
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12. The GentFaeter agrees, and its BeRd is surety therefere, that after the GePtifiGate--of
Substantial GGMpletiOR has b8eR isswed by the City, it wall keep And- the PrejeGt4R
geed repair for a peried of two (2) years
13. The Project must be constructed in strict accordance with the requirements of the laws of
the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, if applicable, and related labor requirements and
regulations and the Federal Wage Determination for this Project.
C. Equipment or products authorized to be purchased with federal funding awarded for
this Contract must be American-made to the maximum extent feasible, in accordance
with Public Law 103-121, Sections 606(a) and (b).
SECTION 00500
Page 4 of 6
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or
disability in consideration for an award.
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the
State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil
Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the
Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City
and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms
and corporations under contract with the City to perform the obligations of the Consent Decree,
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained
to perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www.cityofdubuque.orq/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
i
SECTION 00500
Page 5 of 6
City must provide copies of any documents, reports, analytical data, or other information required to
be maintained under the Consent Decree. At the conclusion of the information-retention period, the
City must notify the United States and the State at least ninety(90) Days prior to the destruction of any
documents, records, or other information subject to such requirements and, upon request by the
United States or the State, the City must deliver any such documents, records, or other information to
the EPA or IDNR.
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
1. I have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2:11-cv-01011-EMJ, Civil Action Number2008V00041, 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.
it
3. All documents reports, data, records, or other information (including documents, j
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:
Contractor �i
By:
SignaturA44
Printed Name
� /
V
Title
60
Date
Date
SECTION 00500
Page 6of6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 117,843.63
CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
By:
Signature
Michael C. Van Milligen
Printed Name
City Manager
Title
Date
CONTRACTOR:
se,k",
Contractor
By: �e;W0 AWA
Signature /,r, fy '
A�4-
toe�!�i
Printed Name
U
Title
Date
___= END OF SECTION 00500 =___
SECTION 00600
Page I of 4
PERFORMANCE AND PAYMENT BOND
SECTION 006DO
KNOW ALL BY THESE PRESENTS:
That we, SELCO_ Inc., as Principal (hereinafter the "Contractor" or "Principal")
and , as Surety
are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Owner"), and to all persons who maybe injured by any breach of any of the conditions of this
Bond in the penal sum of One hundred seventeen thousand, eight hundred forty-three dollars and
sixty three cents ($117,843.63), 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 date1he 101 day of May, 2016, (hereinafter,the '`Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance
with the Contract Documents, and to feAhfully 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 2016 Pavement Marking Project detail
the following described improvements:
Furnish, install, maintain, and remove permanent pavement markings to include Lines and
Symbols and.Legends.on City of Dubuque streets as directed by the City Engineer. Also to
include portions of Iowa DOT pavement markings as directed by the City.Engineer.
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:
I.. 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 orfailure 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 ethe'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,-materlals, lubricants,
oil., gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor for 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 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. 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%) ofthe total contract
price, and that this Bond shall then be released as to such excess increase;
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. Ij
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.
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., attarney`s
fees (including overhead expenses of the Owner's staff attorneys), and :all costs and
expenses of litigation as they are incurredby,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.
SECTION 00600
�Page 3 of 4
�i
In the event the Owner incurs any "Outlay and expense" in defending itselfagainst 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 abligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as-set forth and provided in the Contract, in -the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain,in
full force and effect.
When a work, term., or phrase is used in this Bond, it -shall be interpreted or construed first as
defined in this Bond, the 'Contract, or the Contract Documents; second, if not defined in the Bond,
Contract, or 'Contract Documents, it shall be interpreted or construed as defined in applicable
provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or
construed according to its generally accepted'meaning in the construction industry; :and fourth, if it
has no generally accepted meaning in the construction industry, it shall be interpreted or construed
:according to its common or customary usage.,
Failure to specify or particularize shall not exclude-terms or provisions not mentioned and shall not
limit liability hereunder, The Contract and Contract Documents are hereby made a part of this
Bond.
Project No.
SECTION 00600
Page 4 of 4
Witness our hands, in triplicate, this 12th day of May 12016.
SUREIV=ED BY:
FORM APPRO BY:
SignatipeAgent
Scott A. DeSousa Representative or Owner
Printed Name of Agent SURETY:
880 Locust Street MerchanLts4onding �,qmpan)T
Company Address I Surety Ccpf
any",
Dubuque, IA. 52001
City,State,Zip Code By`
Sjj63,tAe Attorney-in-Fact officer
563-556-0272
Company Telephone Number Scott A. DeSousa
Printed Name.of Attorney-in-Fact Officer
PRINCIPAL: Merchants Bonding Company
Company Name
Contractor P. 0. Box 14498
Company Address
By: ouove -
Signature Des Moines, IA. 50306-3498
City,St-ate,.,Zip Code
Printed Name 800-678-8171 II
V�(a 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.
Z This.Bond must be sealed with the Surety's raised, embossing sea[.
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
MERCHANTS
BONDING COJVLPANY,,�
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make, constitute and appoint,
individually,
Mark J Phalen; Scott A DeSOusa; Terrance J Friedman
their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies, as Surety,bonds, undertakings
and other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the amount of:
SIX MILLION (5;6,000,000.00)DOLLARS
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the
Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants
National Bonding,Inc.,on October 24,2011.
"The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf ofthe Company,and attach the seal of the Company
thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of
Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship
obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State ofFlorida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company
oi'any of its obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
l
to the Attorney-in-Fact cannot oe modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
I,
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015
Rfrr!„kFRF ° nh MERCHANTS BONDING C,-DMPAhfY(MUTUAL)
UA,L)
�.`...e R`R °«4 'G�q`aMERCHANTS NATIONAL BONDING,INC.
°
A _G_ U ° ✓ —
By
".! ,(,.�" ,,..f.°'�F_y"�t ° .��"•fir' "� I I
STATE OF IOWA ”°RVRlIr ,ettr�t+ a"`°.°°.
COUNTY OF Dallas ss. President f
On this 15th day of August 2015 before me appeared Larry Taylor,to me personally known,who being by me sworn did say that
he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed
to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the
Companies by authority of their respective Boards of Directors.
WENDY WOODY 1. f
Commission Number 784654
MaGmnission Commission Expires
June 20, 2017 `
IVotwy Publr '- t 11,'County,Iowa
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on thisl2th day of May ,2016 .
'a,rl.11ltltlallF� •tit • CO
its "r 1 O I++q '
f, Z :zt a
Secretary
10,33
°� tY`M1`4 �' 1� ♦°
``+'`R!'R�lfl�at1.1914t�`5 •°9°
POA 0014 (6/15)
E ID Cl
F%_,,C.HANf 7snk
BONDING COMPANY,.
MERCHANTS BONDING COMPANY(MuTu L) P.0. Box 14498, DES MOINES,IOWA 50306-3498.
PHONE: (800)678-8171. FAX: (515)243-3854
ENDORSEMENT
e
I�
It is hereby understood and agreed that Bond No.: No Bond Number Listed
Principal: Selcojnc., 15 S.Main St.,Dubuque,Ili 52003
Obligee:City of Dubuque,50 W. 13th Street,Dubuque,I.A.52.001
in'the Merchants Bonding Company'(Mutual}: i5`0hangir g this bond effective 05112/2016
i
FROM;
i
No Bond Number Listed
{t
id
ip<
y
i
TO:
a
Bond Number I.AC585997
AI:I terms and conditions of said band, except as above changed, to remain the same.
Signed, sealed and dated th is 20th day of May � 2016:
Merchants �n g Company(�'Autual)
Aq
By
Scott A.DeSousa
SUFE 001€ (21 5) Attorney-In-Facti
I
B0NDI.NG G0MLPAISIY„.
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,
INC.,both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,
individually,
Mark J Phalen; Scott A DeSousa; Terrance J Friedman
their true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver on behalf of the Companies,as Surety, bonds,undertakings
and other written obligations in the nature thereof,subject to the limitation that ani'such instrument shall not exceed the amount of:
SIX MILLION (S+E,000,000.00)DOLLARS
This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the.following By-Laws adopted by the
Board of Directors of Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants
National Bonding,Inc., on October 24,2011.
"The President,Secretary,Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and
authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company
thereto,bonds and undertakings,recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of
Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance,or other suretyship
obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed.”
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and
construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida
Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company
of any of its obligations under its bond,
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 15th day of August 2015
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M=tticHAtuTs BONDING rorutPn,NY(MUTUAL)
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(V[CRCHANTS NATIONAL BONDING,INC. q
,OSP t' �� -,
By
STATE OF IOWA
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COUNTY OF Dallas ss, President-
On
residentOn this 15th day of August 2015 ,before me appeared Larry Taylor,to me personally known,who being by me sworn did say that
he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed
to the foregoing instrument are the Corporate seals of the Companies;and that the said instrument was signed and sealed in behalf of the R
Companies by authority of their respective Boards of Directors, i
WSNDY WOODY
Commission Number 784654 1I
My Commission Expires
June 20, 2017a~�� t \
NotaryPU k7, o1'County,Iowa y
(Expiration of notary's commission
does not invalidate this instrument)
I,William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on thiE20th day of May 2016
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Secretary
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POA 0014 (6/15)