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Improvement Contract/Bond_Connolly Construction_Derbry Grange Sanitary Sewer Extension Copyrighted December 18, 2017 City of Dubuque Consent Items # 29. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Connolly Construction, Inc. for the Derby Grange Road Sanitary Sewer Extension Project. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ContracVBond Connolly Construction, Inc. Supporting Documentation sEc-rion� oasao Page 1 of 6 PU�LIC IMPROVEIVIENT CONT'F2�►CT SECTION a05�(? Derby Grange Road Sanitary Sevroer Extension Project TFiIS IMPRC?V��t1EhIT CONTRACT (the Contract), m�de in $riplicate, dated for references purposes th� 5th day of December , 2017 betwe�n the City of Dubuque, lowa, by its City Mar�ager, through autharity conferred upon the City Manager by its City Council (City), and Connofly Canstruction, Inc. (Contractor). For ar�d in cor�sideration of the mutual eovenants he�eir� cantained, the parties hereto agree as fall�ws: CQNTRACTOR AGREES: 1. To f�rnish a!I material and equipment and ta pertorm ail labar necessary for the Derby Grange Road Sanitary Sewer Extens�o� Pre�ject (Pr�ject). � 2. COIVTF�,ACT DOCUMENTS A. l"he Contract Dc►cuments consist of the fa[lavving: 1. F'raject Title Page (Sectian 00100}. 2. Project Directary Page (Section 001�1). � 3. This Public Improvement Contract (Sectian Q0500). � R 4. F'erformanc�, Payment, and Mai�ten�nce Bor�d (Sect�c�n 00600). � 5. Out-ofi State �ontractor Bond (Section 0a610). j 6. Other Bands: � �. (Bond Name) (pages_to_ , inclusive)- b. (Bond Name) (pages�ta� , inclusiv�). c. (Bar�d Name) (p�ges i to� , in�lusive). 7. The lowa Statewide Urban Desig� And Specificatians (SUDAS) 2017 Edition. � �. CITY OF D�1Bl1QUE SuppEementa6 �pecifications 2017 Editian. 9. Cb#her�tand�rd �n� Supplem�r�t�ry Spec�ficativ�� s listed on #he Title P�ge caf th� a Contract Document Manual. 1 Q.Special Provisions includ�d in the project Contract Dacument Manual. 11.Drawings—Sheet Na.A.01 thro�gh lVc�.M�A.06 12.Addenda (numbers 1 t0 1 , it�cls�s�ve). 13.Insurance Pravisions and Requirem�c�ts (Sectie�n 00700). 14.Sales Tax Exemption Certificate (�ecti�n OA750}. 15.Si�e Conditi�n Information (Sectic�� 077�). 16.Can�truction �chedule and Agreed Cost Qf Delay �Section 008QQ). 17.Erosion C�ntrol Certificate (Sectian 00900). 18.Consent Decree (Section 01 UOQ). � Q a e , sEc-ria�v aa�oo Page 2 afi 6 19.Other Project Information and Perrnits (S��tian 01100 - 00000). 20.Exhibits to this Cantract (enumerated as foflc��vs): a. Contractor's Bid (pages_to_, inclusive). b. Bidder Status Form (Seetion 00460). c. Contractor Background Information Form (�ection 00471) d. The following documentation that m�st be s�bmitted by Contractar priar to Notice af Award. � i. � � ii. iii. � � e. None. � 21.The following which may be delivered or dss�ed on ar after the Effective Date af the � Agreement: a. Notice to Proceed (Seetior� Q0850). � b. Praject Certificatian Page (S�ctian 001Q2�_ ;'ay c. Change Orders (Not a�ached ta this agreement). � � There are no other Contract Documents. Th� Contract Documents may only be amended, � modified, ar supplemented as provided in Genera6 Conditions. � 3. All materials used by the Cantr�ctar �� the Proj�ct must be of the quality required by the � Contract Documents and must be io�sfaEled in accardance with the Contract Documents. � 4. The Gontractor must remove any materials reje�ted by the City as defective or improper, ar any�f said work condemned as uns�itabl� ar defe�tive, �nd the same must be replaced or redone to the satisfaction of the City at the sole cost ar�d expense of the Contractor. 5. Five percent (5%) af the Contract price wil[ be retained by the City for a period af thirty (34} ;, days after final completion and aceeptance of the Praject by the City Council to pay any claim � by any party that may be filed far [abor and materiaEs done and furnished in connectian with the perforrnance of this Contract and for a longer p�rkod if such claims are nat adjusted within th�t thirty (30) d�y peric�, a� provid�d �n I��v� ��d� Chapfi�r 573 cr Ir�w� ��de �hapter�6. The City will alsa retain additiona! sums to �ratect �tself against any clairn that has been filed against it for d�rnages to persons ar property arising thr�ugh the prosecution of the wark and ��h ��au�s will be held by the �'�t� �r�� a�h �l�dr�� havP been settled, �djcadicate� �r otherwise dispos�d of. 6. The Contractor has read and understar�ds the Contract Documents herein referred fio and agrees not to plead misunderst�:nding or de�eptian relat�d to estimates of quantity, character, location or other conditi�ns fc�r the PrQject. 7. In addition to any warranfiy provided for i�the sp�cifi�tions, the Contractor must alsa fix any ather defect in any part c�f the Project, erren if the Project has been �ccepted and fiully paid for by the City. The Contract�r's m�int�r�ance bor�d will be security for a period of two years aft�r the issuance of the �ertific�te of aub�tantia! �ampletion. � i � � S�CTIf3N 00500 Page 3 af 6 �. l"he Contractor mu�t fully carr�ple�e thc Praject under this Contract an or b�fc�re the date indicated in the Canstructio� Sch�d�le and Agreed Cast of Delay Sectian af the Can�ract Documents. 9. INDEMNIFICATION FROIVI TF�IRD PARTY CLAIMS. To the fullest extent permitted by Caw, Contractor shal[ defend, indern�ify ar�d hold harmless City, its officers and empfaye�s, fram a�d against afl claims, darr�ages, lasses and expenses claimed by third par�ies, b€�t r�at including any claims, da��ges, Imsses or expenses af the parties to this Contract, ir�ci�ding � but not limited to atta�rs�eys'f�es, arisir�g out af ar resu[ting from perFormanc�of th�s Cantract, , pravided that such c�aim, darr�ages, lass ar expense is attributable to bodily injury, sickr�ess, � disease or death, or injury°ta or dest�uction of property, including loss of use result6ng there from, but only to the extent caused in whale ar in part by neg[igent acts or am�ssions of �� Cantractor, �r anyon�directly ar ir�dir�ctly emplayed by Contractor or anyone for whose�cts !� Contractor may be liabl�, rega�dless of vvhether or not such claim, damage, io�s ar exper�se is caused in part by a party indemnified hereunder. � 10. The Cantractor here�y represents ar�d guarantees that it has not, nor has any other person ,� for or in its behalf, directly or indir�ctfy, entered int� any arrangement or �ar�tract with a�y 'll other Bidder, ar with any pe�blic a�fiicer, whereby it has paid or is to pay �r�y other Bidd�r ar � public officer any sum of m�ney ar�nything c�f�alue whatever in order t4 obtain this Cantract; � and it has nat, nar has anc�ther persan fo�or in its behalf directly or indirect�y, entered into ; any Contractor arrangerr�ent with arty other person, firm, corporation ar associatian �vhich � tends ta ar does lessen or destray free competitiar� in the award of this Cor�tract and agrees i� that in case it hereafter be established that such representations or guar�ntees, �ar any of ; them are false, it wil6 for�eit a�d pay nat less than ten percent (10%}af the Con��act pric� b�t ' in no event less than $2,Q00.00 (Tv�ra Thou�and Dollars)to the City. 11. The surety on the Bond furni�hed �c�r this Cantr��t must, in additian tra a[I ather provfsie�ns, be obligated to the extent pro�Eded �ar by lowa Code 573.6 relating t� this Cor�t�act, which provisions apply to said B��d. 12. The Contractar agrees, and its Band is surety therefore, that afte� the Ce�:ific�ste af Subst�ntial Completion has b€:en i�sued by th� City, it will keep and ma�ic�tair� the Pre�ject in good repair far a period of tw� (2)years. 13. The Project m�sfi be cons#ruct�d ir� s#rict accordance with the requirements af the law�of the State of lowa, and the lJnit�d St�tes, and c�rdinances of the City of d�b�q�e, and wn accardance with the Contract D�c�ments. A. All �pplic�b6� s��nd�rds, �rd�r�, �r �e��l�tions issaed p�rs�a�nt t� �h� ��a� ��r:4�# �af 1970 (42 U. �5. C. 1958 (�I� e�. seq.} and the Federal Water Poflution A�t (33 U. S. C. 1368 �t. seq.) as amertded, ��ecu�i�re Order 11738, and Enviranmental Protectior� Agency regulatians (40 C�R, E�art 15). Contractor must comply with aectio� 1A3 ar�d 107 of the Contract Vl/ark H�u�s and �afety Standards Act (4� U a� 327-33Q) and Departrnent of Labor Reg�latiQns (29 CFR, Park 5). � B. The City and the Gontr�etar agree to comply with all provision� of th� Davis-��con Federa! Prevailing Wage Act, if applicable, and related iabor requirem�rtt� and regulations and the Federal'Ifl�ag� D�terminatian for this Proje�t. 4 SECTION 005qQ Page 4 of 6 C. Equiprnent c�r products authorized to be purchased with federaE f�nding �w�rded for this Cantract rr�ust b� Arr�erican-made ta the maximum extent feasibBe, in accordance with Public Law 1Q3-�21, Sections 6p6(a) and (b). � D. The City of�ub�q�se in accordance with Title VI of the Givi[ Rig�ts A�t of 1964, 78 Stat. 252, �2 U.S.C. 2000d-2000d-4 and Title 49, Code af Federal Regulations, Department o€ Trar�spartation, Subtitle A, Office af the Secretary, Part 21, �londiscrirnination in Federally assi�ted programs cof the Department af Trartsportation issued pursuant to s�ch Act, hereby r�otifies all bidders that it will affirmatively insure that 6n any contract entered int� pursuant to this advertisement, minority business enterprises wilf be afforded full opportu�ity to submit bids in response to this invitatian and will not be � discrirninat�d against or�the grounds of race, color, natior�al a�igin, sex, age, or disability � in considera�ian for an award. � COINSENT DECREE � RELATIIVG TO THE PROJECT � � 14. � THIS CONTRACTGF: IS PERFORM�NG WORK FOR THE CITY OF DUBUQtJE RELATED TO � THE WATER & RESOURCE RECOVERY CENTER OR THE SANITAEtY SEWER !� CULLECTIQ� SYSTENI. THEREFORE, TFIE CONSE�fT DEGREE ANI� THIS SECTION ARE APPLICA�LE. ��CITY C(�NTRAGTOR ❑ THIS GONTRACTQf�IS N4�T F°ERFORMING WORK FOR THE �ITY OF C�U�UQUE RELATED TC1 THE V1/ATER& RESOURCE REGOVERY CENTER OR TFiE SANITARY SEWER GQLLECTIOIV SYSTEM. THEREFORE THE CONSENT DECREE A6VD THIS SECTI(�N ARE IV4T RP[�LIGABLE. � The City has entered inte�a Consent Decre� in the case af The United state�of Am�rica, and the State of lowa v. The City of D�b�que, lowa, Civil Action Number Case 2:11-cv-01Q11-EN9J, Civil Action Number 2008V00�41, DC7J �a�e Number 9Q-5-1-1-09339, United Sfiat�s District Caurt far the Northern District +af lowa. The provisicans �f the Consent Decree apply to and are binding upan the �ity and its officers, directors, employees, agents, servants, successors, assigns„ and all persa�ns, firms and corpora#ions under contr�ct w�th 4he Gity to perform the obligatians ofi the �onsent Decree. Th� �it� i� r��ir�d ka pr��id��copy 9f th� C�n��nt D��r��t� ��y��tra�t�r�r��r��lt�r�t r�t�ir�� tp perform work required by tMe Ccansent Decree. A copy of th� Cons�nt Decree is included in the Contract Do�uments and can b� viewed at h�:/lwwvv.cit of� dub�a uq e.�rc�ID+ocumentCenfier/F{ome/View/3173. A hard copy is av�ilable upon request at the Gity's I�r�gineering Department Office. The Gity must �anditior� any contract to perForm wark required under the Consent Decree upon perFormance of the work rra cc�nf�rmity with fihe provisions of the ��n��nt Decree. The Consent Decree �Isc� provides that until five (5) years after the terminatican �f the Consent Decree, the City must retainn and must instruct its cantractors and agents tca pre�erv�, ald ne�n-Ndentical copies of all dacum�nts„ reports, data, re�ords, ar other infQrmafiion (includin� �cacuments, records, or otM�r p s�cTio� oosoo Page 5 af 6 information in electronic fc�rm)i� its or its contractors' ar agents' possession or car�trol, or that come into � its or its contractors' or agents' possession or control, and that re0ate in any manner to the City's ; performance of its obfigations under this Consent Decree, including any underlying research and analytical data. This informatian-retention period, upon request by the tJnited States or the State, the City must provide eopies of any documents, reports, analytical data, or other infarmation requ�red to be maintained under the Cansent Decree. At the conclusion of the infarmation-retentior� period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction af any documents, records, or o�her information subject ta such requirements and, upan request by the United States or the State, the City rnust deliver any such documents, records, ar oth�r infarmation to the EPA or IDNR. a CERT[FICATION BY CONTRACTOR � The undersigned, on behalf of the Contractor, with full autharity ta act on behalf af the Cantractor, certifies to the City of Dubuque as follows: 1. I have received a copy of the Cansent Decree i� the ease af The United States of � Am�rica, and the Stafe of 6owa v. l"he City of��buq�e, lowa, Civil Acti�n Number � Case 2:11-cv-01011-EMJ, Civil Action Number 2Q(}80000041, DOJ Case CVumber 90- y 5-1-1-09339, United States District Court for t�e Nar�hern District af lawa. '�� 2. All work pertarmed wil! be in conformity with the provisior�s af the Gonsent Decree. ,� 3. A!i dacu�ents reparts, data, records, or other ir�farm�tia� (ir�cluding dacuments, records, ar c�ther information in electronic form}that rel�te in any manner to the pertorr��nce of obligatior�s under the Consent Qecree, in�luding any underlying research �nd analytical data, will be retained as r�quired by the Consent Decree. 4. The Con�ractor agrees to defend, indemnify, �nd hold harm[ess the City, its afficers, agents, or empl�yees fram and against any clacm�, incEuding penalties, costs and �ees as provid�d in the Consent Decree, relatir�g to or�rising out af the Cantractor's � failure te� camply with the Cansent Decree. � �ONTRAGTOR: � Connolly Ganstru t�on,Tnc. Contract Bj/: Signature �-��,v� �I�� '� ld Prin ed Name , � �� 'l`�� Tifle �� y �� / � Date � sECTio� oa�aa Page � af6 THE CITY AG�EES: 15. llpon th� cc�rr�pl��ion of the Contract, ar�d the acceptar�ce �f the Project by the City Council, ar�d subject to the requirements of Caw, the City agre�s ta pay the Contractor as ful( c�rr�pensation far the complete pertorma�ce of this Caratract, the amount determined for the total �avork completed at the price(s} stated in the Cantractar's Bid Proposal and less any Agreed Cc�st af Delay provided for in the Contract Documents. CONTRACI`A6VIOUNT $ 325,638.00 CITY OF �llJ�UQUE, IQ11VA: _C_ity Manac�er°s O�Fice D�p�rtrne i By: � SB�ftE�UPE 1Vlichael C.Van Milli�en Pr�nted Name City 1l�ana�er �it�e � /� � � bate � CQNT�C�Q�: Connoll Constriict�o , nc. � Contractor � B}/: Signature ` ��V'�.,- CC7�� I,�s�c�� Frin�ed IVame C�., 1 �`'��G `Q.� Title 4� � ��a� ! � Date _-== ENCi �F �E�TIfaM 01J5Q0 .-::== V SECTION 00600 Page 1 of 4 � h PERFORMANCE, PAYMENT AND MAINTENANCE BOND � SECTION 00600 � Bond Number IAC587429 y , KNOW ALL BY THESE PRESENTS: � That we, Connolly Construction, Inc. , as Principal (hereinafter the "Contractor" or "Principal") and Merchants Bonding Company (Mutual) , as Surety are held and firmly bound unto the City of Dubuque, lowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be � injured by any breach of any of the conditions of this Bond in the penal sum of � Three Hundred Twenty-five Thousand Six Hundred Thirty-eight& no/100ths d011ars � ($ 325,638.00 ), lawful money of the United States, for the payment of which sum, well � and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or � severally, firmly by these presents. , The conditions of the above obligations are such that whereas said Contractor entered into a � contract with the Owner, bearing date the 5th day of December , 2017, r (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 '�a 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 Derby Grange Road Sanitary Sewer Extension detail the following described improvements: The Derby Grange Road sanitary sewer extension project extends gravity sanitary sewer from the existing Asbury Plaza Lift Station #2 to a parcel located at the a Northwest corner of Kennedy Road and Derby Grange Road. The project consists � of 1,926.90 LF of 8" and 1,011 LF of 12" SDR-26 PVC pipe, 14 manholes, one creek crossing, one road crossing, tree removals, field fencing, and pasture re- establishment. 9t is expressly understood and agreed by the Contractor and �urety in this Bond that the follGwing 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. � � � SECTION 00600 Page 2 of 4 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 lowa Code, which by this reference is made a part hereof as � though fully set out herein. l 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own i expense: i i 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 rnaterials used in construction of said work; i ; B. To keep all work in continuous good repair; and 'Ij � C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any f 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, ta the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. � I SECTION 00600 Page 3 of 4 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, 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 i will defend and indemnify the Owner on all claims made against the Owner on account j 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 j Contract been performed in the first instance as required. i I In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to ry which the Contractor or Surety should have provided the defense, or in the enforcement of the a promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the ' Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, � provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of lowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner � hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount � guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the � � SECTION 00600 Page 4 of 4 lowa Code; third, if not defined in the lowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. ' Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not '� limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. 7102729 � Witness our hands, in triplicate, this 6th day of December , 2017. ! SURETY COUNTERSIGNED BY: Title { i signatur ent FORM AP VED BY: Nancy D. Baltutat _ � Printed Name of Agent Repre tative for Owner � 7 4200 University Avenue#200 SURETY: u Company Address Merchants Bonding Company(Mutual) �' West Des Moines IA 50266 Surety Company �� City,State,Zip Code � By: p 515-244-0166 Signature r ey-in-Fact Officer '',� Company Telephone Number ;� Nancy D. Baltutat p Printed Name of Attorney-in-Fact Officer PRINCIPAL: �, " � --�"� LMC Insurance& Risk Management ' °�t �� ' � Company Name Contractor s � 4200 University Avenue#200 4 By� Company Address � Signature G '� i West Des Moines IA 50266 �--�� .��-V City,State,Zip Code Printed Name Company Telephone Number NOTE: 1. All signatures on this perFormance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END OF SECTION 00600 ==__ � � � � � I , - � �� E�C�► C`� �? � � � 'C'C.��1,�T't�.�'�,� POWER OF ATTORNEY KnowAll Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Christopher R Seiberling;Greg T LaMair;Jeffrey R Baker;Jill Shaffer;Joseph I Schmit;Mark E Keairnes;Nancy D Baltutat;Patrick K Duff their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. 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 amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding,Inc.,on October 16,2015. "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 I undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof." �I "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 j or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the I Company,and such signature and seai 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 aut hority 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 i contracts required by the State of Florida Department of Transportation. It is fully understood that consenti ng 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. il In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given p to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- p 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 5th day of April , 2017 . I 'ra��e�+p�.t �..,. �A:♦p 4,�*�'��y"� ��/q,F�*!�f .4��,y�LriRf�ryr�'!. wK, �s��.��/��';��y'"a; �+�� "'�",��, MERCHANTS BONDING COMPANY(MUTUAL) +16.;'� e�'��w �� ,,,�;*"�'"�* MERCHANT NATIONAL BONDING,INC. ��;�' -�— c�:"�. ��.:;*�" m�_ �a � y'�.�'`. i�L1�+7 i,y+�i`y°p f,�.:°. A�N7+iJ `'�,"M g�/ � �f�� '�,�j� '�""I!� . , *�9�„y*�'� ��w�' �# SY "��^` d� _ ,w�#�I ., ,.•�'�m�*, ,�'�7^*�..,�. ��*,�� President � STATEOFIOWA *�fi;"re��+�°'* *�'"•+�w+�°�� COUNTY OF DALLAS ss. On this this 5th day of April 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of 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. ,�P�'��,�' A1L#�IA K��i�AM � � ��rnmis�ian�umk��r 7�743�} _ _ y , . �'° My Cc�mmis�ion��ires '�'� ,�;,;��, + Apr�!1,��2� ' � Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of 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 this 6th day of December , 2017. y*s��■■et�t�� *p* - .e+ . +�'��e v nr�.�-*,s �•"�,a�►�'r'.p��• ;.��,..��o��,��.+ ;��+�,�.��„��i,p,�;�.�,��* • j /' fr • � � ♦ �+�.� ..p.. �:�;, �t-.,fi't t�,,.,, �/'� • ''�"� , w a�K —�— {� $ '�y; a� /� ` ' �g$� '� Secretary ��+f.a GOAJ :M�'#� M�,,ry" �4`Y• . . 4fi �+, " .;Y+' •� ��,'`F' .i�,r�� :�' i: y • °�'Vr�' ., ,.>�� +�? •• . .� � m� � +�fJ"�'� �� POA 0018 (3/17) #�4r+'rill�If��+*�''+ �*«•,^�"•` � � �