Contract/Bond_Portzen Construction, Inc. for N. Grandview/Delhi Roundabout Intersection 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
North Grandview Avenue and Delhi Street Roundabout Intersection
Improvement Project
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
references purposes the 20th 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 Portzen Construction, 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 North
Grandview Avenue and Delhi Street Roundabout Intersection Improvement Project
(Project).
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2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages—to_ , inclusive). u
b. (Bond Name) (pages_to T , inclusive). til
C. (Bond Name) (pages_to_ , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2016 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2015 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual
10.Special Provisions included in the project Contract Document Manual.
11.Drawings–Sheet No. A.01 through No. W.09 (82 pages) or drawings consisting of
sheets bearing the following general title:
Grandview & Delhi Roundabout
12.Addenda (numbers 1 to 1 , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750). I
15.Site Condition Information (Section 00775).
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SECTION 00500
Page 2 of 6
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
17.Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
19.Other Project Information and Permits (Section 01100 - 00000). V
20.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.
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ii.
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e. None.
21.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
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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
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SECTION 00500
Page 3of6
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 j
Documents.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys' fees, arising out of or resulting from performance of this
Contract, provided that such claim, damages, loss or expense is attributable to bodily {
injury, sickness, disease or death, or injury to or destruction of property, including loss of
use resulting there from, but only to the extent caused in whole or in part by negligent acts i
or omissions of Contractor, or anyone directly or indirectly employed by Contractor or 1
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 j
other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or j
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, �I
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 I
City.
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond. !I
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of i
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of
the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
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SECTION 00500
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
this Contract must be American-made to the maximum extent feasible, in accordance
with Public Law 103-121, Sections 606(a) and (b).
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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.
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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
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APPLICABLE.
CITY CONTRACTOR
ffizal 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 j
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 l
Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the
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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. i
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www.cityofdubugue.oLg/DocumentCenter/HomeNiew/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
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SECTION 00500
Page 5 of 6 1
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, h
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 j
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 1
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.
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CERTIFICATION BY CONTRACTOR
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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
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.
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2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents reports, data, records, or other information (including documents,
records, or other information in electronic form) that relate in any manner to the
performance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree. h
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.
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CONTRACTOR:
N/A
Contractor
By:
Signature
Printed Name
Title
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9
Date
1
5
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SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less j
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT$ 698,000.59
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CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
Signatuie,
Michael C.Van Milligen
Printed Name
City Manager
Title
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Date
CONTRACTOR:
Portzen Construction, Inc.
Contra j
By:
si nat e
Michael 3 Portzen
Printed Name
Vice President
Title
May 24, 2016
Date
___= END OF SECTION 00500 =___
SECTION 00600
Page 1 of 4
54-2qO621
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Portzen Construction, Inc., as Principal (hereinafter the "Contractor" or "Principal") and
United Fire & Casualty Company as Surety are
held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Owner"), and to all persons who may be injured by any breach of any of the conditions of this
Bond in the penal sum of Six hundred ninety-eight thousand dollars and fifty-nine cents
($698,000.59), 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 201 day of—Ma
y, 2016, (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 the
North Grandview Avenue and Delhi Street Roundabout Intersection Improvement
Project detail the following described improvements:
The project provides for construction of a roundabout at the intersection of North
Grandview, Delhi and Grace Streets. The project will include:
* 2855 SY of 9" doweled PCC pavement to facilitate larger vehicles and accommodate
construction phasing.
* 255 SY of colored concrete truck apron to allow oversized vehicles to get through the
roundabout when needed.
* Nine (9) LED street lights along with handholes and wiring will be installed. Streetlights are
being connected to existing lighting controllers in the area.
Directional signage to alert drivers to the operation of the roundabout and to alert them to
pedestrian crossing areas.
Deflecting splitter islands which divert the traffic so vehicles slow down and are able to
easily blend into the circular traffic pattern.
Recycled Purington brick accents along the edges of the project to pay respect to the
former brick streets in the area. Gj
Pedestrian access ramps that are ADA compliant will be installed. There will not be a
cross-walk on the north leg of North Grandview due to sight distance and ADA slope
issues.
440 LF of 6" watermain and associated valves and fittings. A fire hydrant, two water
services and a drinking fountain need to be installed.
SECTION 00600
Page 2 of 4
Fiber optic conduit, vaults and handholes are to be installed. The conduit is seven way
futurepath conduit. 503 LF trenched, 628LF bored, and 747 LF 2 — 2" HDPE conduits either
trenched or bored.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and
abide by each and every covenant, condition, and part of said Contract and Contract
Documents, by reference made a part hereof, for the project, and shall indemnify and save
harmless the Owner from all outlay and expense incurred by the Owner by reason of the
Contractor's default of failure to perform as required. The Contractor shall also be
responsible for the default or failure to perform as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees furnishing materials
or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this Bond is
given, including but not limited to claims for all amounts due for labor, materials, lubricants,
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
established as provided 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.
SECTION 00600
Page 3 of 4
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
is
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the
aggregate, involve an increase of more than twenty percent (20%) of the total contract
price, and that this Bond shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract.period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
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 incur-red by the
Owner including interest, benefits, and overhead where applicable. Accordingly, "all
outlay and expense" would include but not be limited to all contract or employee
expense, all equipment usage or rental, materials, testing, outside experts, attorney's
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of litigation as they are incurred by the Owner. It is intended the Contractor
and Surety will defend and indemnify the Owner on all claims made against the
Owner on account of Contractor's failure to perform as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Contract and
Contract Documents, in approved change orders, and in this Bond will be fulfilled, and
that the Owner will be fully indemnified so that it will be put into the position it would
have been in had the Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
SECTION 00600
Page 4 of 4
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 ii
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 II
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this
Bond.
Project No. 3002611
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SECTION 00600
Page 5 of 4
Witness our hands, in triplicate, this 23rd day of May 2016.
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SURETY COUNT RS,GNED BY:
FORM APPROV Y:
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Signature of Agent
Terrance J Friedman Representative fo caner
Printed Name of Agent
SURETY:
880 Locust St - Ste 200 C�
Unite m'f""i a & Cas alty Company
Company Address
Surety mpa
Dubuque, Iowa 52001
City, State,Zip Code By'
Signature Attorney-in-Fact Officer
563-556-0272
-- Scott A DeSousa
Company Telephone Number —�—--
. Printed Name of Attorney-in-Fact Officer i
PRINCIPAL: _ Friedman Insurance Inc
Company Name
Portzen Co uctio nc !'
Contractor 880 Locust St - Ste 200
.� Company Address
By: _
SignatureDubuque, Iowa 52001
City,State,Zip Code
Michael J Portzen
Printed Name -� 563-556-0272___
Company Telephone Number
Vice President fj
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.
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2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond. 1
END OF SECTION 00600 ®=®®
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UNITED FIR) :& ASCJALTY GOMPANY;CEDAR RAPIDS,IA
UNITED FIRE&INDEMNIXX COMPANY,WEBSTER, Tnuiries Surety Dep4rtln0eut
FINANCIAL PACIFIC INSURANCE COMPANY,ROCI�I IN,CA 118 Second Arte SE
CERTIFIED COPY`OF FOWER OF.ATTORNEY Cedar Rapids,IA 524(11
(original on file at Home Office of Company—See Certification)
KNOW ALL PERSONS BY THESE.PRESP NTS,That UNITED FIRI &CASUALTY..COMPANY,a corporation duly organitl and existing under
the laws of t6'"State of Iowa;UNITED FIRE&INDEMNITY UOMPANY;a corporation dilly orgariized and.existing under the laws of the State of
Texas, acid FINANCIAL PACIFIC INSURANCE COMPANY a corporation duly"organized and existing under alae aws of the State:of California
(hereixr collectively called the Cact ppamen)),;and havingg their corporate headquarters in Cedar Rapids;State of Iowa,does make,constttutw and appauit
TERRANCE J. °FRIFpfNAN, OR SC(ITT A DESOUSA pR ;MARK' J: PHALEN, .ALL IND;IUIDUALLY of pUBUQU IA 4. y
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their true and lawful Attorney(s)in-Fact with power and authority hereby conferred to sign seal and exocute in its behalf alk lawful bonds,undertakings
and other obligatory instruments of similar nature provided"that no single obligation shall exceed $50,000,000_00
and to bind the Companies thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts"of said Attorney,;,pur§uant to the authonry 1lereby'giveri and hereby ratified and confirmed.
The Authot.ity hereby granted is continuous'and shall remake in full force"and effectuntil revoked by'UNITED FIRE&CASUALTY COMPANY,
UNITED DIRE&INDEN NITY COMPAY AND TINANCIACl ACIFIC INSURANCE COMPANY
This Tower of'Attorney;us made and executed pursuant to and by".authority of the following bylaw,duly adopted onMay5 2013,by the Boards O
Directors of UNITED FIRE & CASUALTY COMPANY,'UNITED FIRE°& INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY
"Article VI—Sureo,Bonds and Undertakings" j
Section:,Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Companies.inay,from`tuneao
time, appoint'by written certificates attorneys-in-fact to act in behalf of the Companies�in the execution of policies of.irsurance; bonds,
undertakings"and other obligatory instruments of like nature. The signature of any officer authorized hereby and the Corporate.ses , .: , be
affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby;such signature acid seal,;
when so;`usec being adopted by the Companies as the original signature of such officer and the original seal of the Companies,to be valid and,
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys-in-fact, subjecfto the limitations set
forth in,ltheirrespective certificates of authority, shall have full power to bind the Companies by their signature and execution of any"such
instruments'and to attach the seal of the Companies thereto. The President or any Vice President,the Board of Directors or any other officer of>'
the Companies may at any time revoke all power and authority previously given to any attorney-in-fact.
tip„Il,u,"" IN WITNESS WHEREOF,,the COMPANIES have each caused these;presents to be signed by its
+ $ 5 �// ;t��\\1\iHUB t/� +1\1,1111IIIflIt��
?� CORPf?RAYE ;aP�oAP"oggry`� vice president and its corporate seal to be hereto affixed this 15th day of October,. 201
�° : _ coRroRATE _ UNITED FIRE&CASUALTY COMPANY
WLV 2g o_
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SEAL. ' ` SEAL _a ses aUNITED FIRE&INDEMNITY COMPANY
FINANCIAL PACIFIC INSURANCE COMPANY ."
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Slate oflowa,County-Vo Linn,ss: Vice President
on 15th'; day of.0etober, 2013, before me personalty came Dennis J. Richmann z
to me known,who being by me duly sworn,did depose and say;that he resides in Ced ix Rapids, State of Iowa,that lie is a Vice President'of UNITED
"FIRE&CASUALTY COMPANY,a Vice President of.VNITED FIRE& INDEMNITY COMPANY,and a Vice President of FINANCIAL PACIFIC”
INSURANCE COMFAN Y the corporations described i6:and which cxeeuted the aboue instrument,:thafi he knows the seal of said"corporations;;that"the
seal affixed to the sai inslt uIn is such corporate seal that it was so affixed pursuant to authonty.given by elle Board:of Directors of said corporations':
an that he signed his name thereto'pursuant to like authority,.and acknowledges same`.ta be the act anddeed of;said corporations
irem
Judith A'Daws(
low n n m Seal
commissioion umber":1�3041 Notary Public
N My Commission Expires 04/23/2018
My commission expires:04/Z3/2018
I,David A Lange;Seere tary.of UNITED FIRE&CASUALTY COMPANY and Assistant Seeretary:of ITED FIRE INDEMNITY COMPANY,
acid Assistant Secxetary'of FINANCIAL PACIFIC INSURANCE COMPAhTY do hereby ceiK. that I Have compared the foregoing copy of the Power .
of Attamey and a:1 avlt,and the.copy of the Section of the bylaWs and resolutions of said Corporations as set'forth4h said Power of Attorney,vaith the
:0
flI�iG1NALS'ON FILE IN THE H(yME OPP ICE OF SAID:CORPORATIOI IS and that the same,are correct transcripts thereof and.. the whole"of the
sajd ongmAIs,and;that the said Power of.Attorney has riot been revoked and 15 now m.full force acid effect.
In testimony whereof I Have Hereunto subscribed my name and affixed the corporate seal of the said Corporations
this 23rd day of May 120 16
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� CORPORATE �:+ 3 q o `�•2 FQ
.::•r.- k y fit. : .' 4 �
WA�1111� �lilntll�` �����it/nnrtiit,uva+`+`` JecretaTy,J P&C
Assistant Secretary,OF&I/FPIC
RPOA0049 0115:.:::x