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Contract/Bond_Drew Cook & Sons Excavating_Cummins St. Retaining Wall Copyrighted July 2, 2018 City of Dubuque Consent Items # 26. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Drew Cook& Son Excavating Co., Inc. for the Cummins Street Retaining Wall Reconstruction Project; Eastern lowa Excavating & Concrete, LLC for the HMA Milling and Resurfacing Project US52 White and 11 th St.; Langman Construction, Inc., for the 17th Street Storm Sewer Improvements Elm St. to Heeb St. Project; Reuter Mechanical, Inc. (dba East lowa Construction)for the 2018 Asphalt Overlay Ramp Project Four; S&S Builders for the Stump and Sidewalk Removal and Repair Project; Top Grade Excavating Inc. for the 30-Inch Sanitary Sewer Force Main Relocation Phase I I I Washington St. (7th St. to 9th St.). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Drew Cook& Sons Contract-Bond Supporting Documentation Eastern lowa Excavating & Concrete Contract-Bond Supporting Documentation Langman Construction Contract-Bond Supporting Documentation Reuter Mechanical, Inc. (Eastern IAConst.) Contract- Supporting Documentation Bond S&S Builders Contract-Bond Supporting Documentation Top Grade Excavating Contract-Bond Supporting Documentation s�c��c�� PUBLIC IMPRCIVEMENT CQNTRACT SECTiON Oo500 � i� Cummins Street Reta�n�r��att'Re�anstruction P�o�e�ct � THIS IMPROVEMENT CO(�TRACT (the Contraet), made in triplicate, d�ted fc�r r�fer�n�e� y purposes the 22"d day Of May, 2018 between the Gi� of Dubuque, lowa, by its Ci�y N�a�a�g�r, - � through autharity conferred upon the City Manager by its C�ty Cauncil (City), arad flr�w C�ok& 5��s � ! Excavating Ca., lnc. (Contractor). For and in consideration of the mutuaC covenants herein contain�ed, �he �a�� h�r�t� a�r�e � as follows: CONTRACTOR AGREES: j � 1. To furnish all material and equipment artd to pertorm all Cabor necessary for t�� C�1�1�� '� STREET RETAlIV1NG WALL REC�NS'TRUCTIC}EV PR�JECT (Prfljectj. II 2. CONTRACT DC►CUMENTS � A. The Contract Documents consist�f the following: ',i 1. Project Title Page (Section 00100). � ;� 2. Project Directory Page (Section €�Q1E�1)_ r 3. This Public Improvement Cantract (Section �05�0). ��I 4. PerFormance, Payment, and Maintenanc� Ba�d (Section 0060fl). i� 5. Out-of-State Contractor Bond (Section Oq610). �i 6. Other Bonds: '� a.� (Bond Name) (pag�s�ta�_ , inclusive). � � b_ (Bond Name) (pages_ta_ , �nclusive). ;f P I e. (Bond Name) (pa��s_fi�_ , incl�asive). 7. The lawa Statewide Urban Desig� And Speci�icatior�s (SUDAS) 20�7 Edition. �. CITY OF DUBUQUE Supplemer�taE specifications 2017 Edi�ion. 9. Other Standard and Supplementary Specific�tio�s as listed on the Title Page c��the � Contract Document Manual. 10.Special Provisions included in the praject �ontract DQcument Manuai. 11.Drawings —Sheet No. A.01 through No. W_02 (13 pages} �r drawi�gs �c��sdsti�g of sheets bearing the following generaE title: �Cummins Street Retaining WaC! [�ecor��trucfiion Project.2017 12.Addenda (numbers i to� , inclusive . � � W 13.Insurance Provisions and Requiremer�ts (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). 15.Site Condition Information (Section OQ775). 16.Construction Schedule and Agreed Cost of C3elay (Section 00800). � 9 6 E SECTfON 00500 Page 2 of 6 17.Erosion Control Certificate (Section 0�3900}_ 18.Exhibits to tt�is Contract (enumerated as fo(laws): a. Contractr�r's Bid �pages to incl�asive)_ b. Bidder Status Form (Section 00460). ; c. The following docurnentation that rr��st be submitted by C�ntractor pric�r to Notice � of Award. � i. Contractor Backgro�and Informatian Form (Secti�n 00471) ii. iii. �19.The following which may be delivered ar issued c�n or after the Effe�t�ve Date of the Agreement. � a. Notice to Prflceed (Section 0(�850). ',� b. Project Certification Pa�e (Section 00102). �,� c. Change Orders (Not attached ta t�is �gr�ement). ;� There are no other Contract Dacumer�tse The Gor�tract Documents may or�ly be amended, � modified, or supplemented as provided ir� Ger�eral �c�nditions. ;! 3. All materials used by t�$ Contractor in t�e Praject musfi be +of the quality required by the �j Cantract Documents and must be installed in accc�rd�r�ce with the Cc�ntract Documents. j 4. The Contractor must rem�v� any materials r�jected by the City as defective or improper, or ; any of said work condemned as unsuita�le or defect�ve, and the same mu�t be replaced or � redone to the satisfaction of the City at the �c�fe c€a�t and expense of the Cc�ntractor. � 5. Five percent (5%) of the Contract price wi�l b� r�tai�ed by the City for a p�riod of thirty (30) � days after final completion and acceptance af�he �roject by the City Couricil to pay any cfaim by any party that may be filed for labor a�d maferia�s done and furnished in connection with � the perfarmance of this Contract and far a lc�r�ger period if such claims are nat adjusted within � that thirty (30) day period, as provided in iav�ra Code Chapter 573 or lowa Cc�de Chapter 26. � The City will also retain additiona! sums ta prot�ct itseif against any claim that has been fifed � against it for damagss to persons or pro�erty arising through the prosecutic�n ofi the work and such sums will be held by the City unti! s�ch c[aims have been settle�, adjudicated or � otherwise disposed of. 6. The Contractor has read and understands� t�e Gontract Documents herein referred to and agrees not to plead misunderstanding a� d�ception related to estimates of quantity, character, location or other canditions far the Peoject. 7. In addition to any warranty provided for in the sp�cifications, 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 mainter�a�� band wil! be security for a period of two years � after the issuance of the Certificate o�Subsfa�tia{ Compfetion. 8. The Contractor must fully complete the Praject under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. � 3 i SECTION 00500 Page 3 of 6 � 9. INDEMI�IFICAT10�1 FR�M T�iIRa PpRTY CLAIMS. To the fulles� extent permitted by iaw, Contractor shall defend, indem�ify and hold harmless City, its ofificers and emplayees, from and against all claims, damae�es, fosses and expenses claimed by third �arties, but not ; including any claims, damages, losses or expenses of the parki�s to this C�ntract, incfuding but not limited to attorneys'fees, ar�sing out of or resulting fr+�m performance of this Contract, provided that such claim, darr�ages, {c�ss or expsnse is attribu��ble to bodily injury, sickness, � disease or death, or injury to ar destructi€�n of property, i�aclud��g I�ss of use resulting there a from, but only to th� extent caused ir� whole or in part by roeglig�nt acts or omissions of �, Contra�tor, flr anyone directly or i�direetfy employed by C�n�rac�or or anya�ae f+ar whase acts Contractor may be liable, regard(ess of whether or not su�� cia��n, damage, Ic�ss or expense is caused i� part by a party br�derna�ifred hereunder. il 10. The C�ntractor hereby represe�ts a�d guarantees that it has n�t, nor has any othsr pers+�n � for or �n its behaif, directly ar �ndi��ct�y, entered into any arrang�m�nt c�r Confiract with any � other B�dder, or with any p��lic a�€ic�r, whereby it has paid or is to pay any other 8idder �r '�� public officer any sum of maney or�r�ythir�g of value whatever in order to obtain this Contract, ',i and it has not, nor has anothe� persc�� fQr or in its behalf directly or i�directly, entered into ia any C�r�tractor arrangement uv�th �r�y other person, firm, corp�ration or association which � tends to or does lessen ar destray��e� competition in the award of this Contract and agrees il that in case it hereaft�r be �st�blished that such representations or �uarantees, or any of I; them are false, it will forFeit�nd pay�ot less than ten percent �10°l0) of the Contract price but hi in no event less than �2,000.�0 (Tvva Thr�usand Dollars) to the City. Ii 11. The surety on the Band furr�ish�d fo�r this Contract must, �n additir�n to alf other provisions, �� be obligated to the extent prc�vid�d far by #owa Code 573.6 reiating to this Contract, which � provisions apply to said Bonc#. 12. The Contractor agrees, and �ts �or�d is surety therefore, that after the Certificate of Substantial Completian has b��r� ��s��d by the City, i# will �Ce�p and maintain the Project in good repair for a period af twas �2)yea�s. 13. The Project must be canstr�cted ir� �triet accordance with the requirements of the I�vrrs af the State of lowa, and the Unified Stat��, and ordinances of the City af Dubuque, and in accordance with the Contracf aacuEn�nts. � A. All applicable standards, a�ders, or regulatians issued pursuant to the C[ean Air Act of 1970 (42 U. S. C. �958 (Fi) et. �eq.) and the Federal 1Nater Pollution Act (33 Ue S. C_ 1368 et. seq.) as ame�ded, �xecutive Order 11738, and Environmentaf Protection Agency regulations (40 CF�, Pa�t 15). Contractor must comply with Seetion 103 and 107 of the Contract VVork Hours and Safety Standards A�t (40 USC 327-330) and Department of Labar Regufati�ns (29 CFF�, Part 5). B. The City of Dubuque i� accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 20Q�d-20QOd-� and Titfe 49, Code of Federal I�egulations, Department of Transportation, Subfitle A, OfFice of the Secretary, Part 21, Nondiscrimination in Federally assisted progr�rns af the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any eontract entered into pursuant ta this advertisement, minority business enterprises wifl be afforded full opportunity to s�rbmit bids in response to this invitation and will not be discriminated against an th�grcar�nds of race, color, national origin, sex, age, or disability � in consideration for an aw�rd. � � � � 9 � I � SECTION 00500 Page 4 of 6 CONSENT DECFtEE ' RELATI�JG TO THE P�O,IECT 14, ❑ TH1S CONTRACTC)R (S PERFORMI(�G WO�K Ft�R THE CITY OF DUBUQUE RELATED TO � THE WATER & 6�ESC1UFiCE RECOVERY CENTER C.�R THE SANIT'AFZY SEWER � COLLECTfON SYSTEM. THEREFORE, THE CO(�SENT DECREE AN� TH1S SECTION ARE � APPLICABLE_ II� s:s CITY ;,° CONTRACTOFt , , . u �TH1S CONTRACTOR IS NOT PERFORMI�IG ONORK FOi�THE CITY UF DUBUQUE 1 F�ELATED T(? TH�WATER & RESOURCE RECt�VERY CENTER OR THE SANITARY �� SEWER COELECTION SYSTEM. THERE�ORE THE CONSENT aEGREE A�lD THIS 'i SECTION ARE NOT APPLiCABLE. �'� ; r, The City has entered inta a Caw�sent Decree in the case uf The United States of America, and the S�ate � of lowa v. The City af Dubuque, iowa, Civil Action-Number Case 2:'[1-ctr-01011-EMJ, Civil A�tion ;� Numbe�2008V00041 y DOJ Case Number 90-5-1-�-09339, United S�ates Qistrict Caurt fc�r the Northern ,� District of lowa. The pravisions of the Consent Decree apply to and are binding upon the City ar�d its '� officers, directars, empla�yees, agents, servants, successors, assigns, �nd all persons, firms and �� corporations under eontract vvith the City to perf�rm the obligations of the Cansent Decree. !� The City is required to pra�ide a copy of the Consent Decree to any cc�ntractor or consultant retained #o � per�orm work required by the Gansent Decree. I� A copy of the Cans�nt Lleeree is incfuded in the Contrac# �ocument� and can be viewed at h�://www.cityofdub�aque.arq/flocumentCenter/Home/View13173a A hard copy is available upor� � request at the City's Er�gir�eering Department Office. The City must condifiar� any cantraet ta perform work required under the Consent Decree upor� perFormance of the work ir� cc►nfa�rmity with the provisions of the Consent Decree. The Consent Decree alsa pro�rides that until five (5) years after the termination of the Consent Decr�e, the City must retain, anc! must ir�struct its contractors and agents tfl preserve, a!! non-identical copies ofi all documents, repor#sy data, records, or other information (incluc[ing documents, records, or other information in electronic farrin) in its or its contractors' or agents' possession or control, ar tha#come in#o its or its contractar�' �r agents' possession or control, and tha# reEate in any manner to the City's perfiormance of its cabligatie�ns under this Consent Decree, incfuding any underlying research and analytical data. This infarmation-retention period, upon request by the United States or the State, the City must provide co�i�s c�f any dacuments, reports, analytical data, or ather information required #o be maintained under the Cor�sent Decree. At the conclusion of the infarma#ion-retentian period, the Ci#y must notify the Unitec6 States and the State at least ninety (90) Days prior ta the destruction of any documents, records, or ather informatian subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, ar other information to the EPA or IDNR. � � d R SECTIO�1 0�5a0 Page 5 of 6 CERTI�ICATION BY CONTRACTOR i The undersigned, on behaif�f the �on.tractor, with full authority ta act o� behalf of the Contractor, � certifies to the City of Dubuque as follows: ;a� � , 1. I have receiv�d a c�py of the Consent Decree in the case af The United States �f � America, and the Stat� of lowa v. Ths City Qf Dub�q�e, 6awa, Civil Action Number � Case 2:11-cv-�'I�11-EMJ, Civil A�ction Number 20Q8VOQ4�1, DtJJ Case Number 90- 5-1-1-09339, United States Dmstrict Court fc�r the Northern �istrict of[owa. � i1 2. All work performed wsll be in conformity with t�ae provisia�s �f the Consent Decree, i 3. All documents reports, data, r�cord�, or other informati�n (ir�cluding documents, recards, or other information i�a electronic fc�rm}t�at relate ir� any manner to the �;i performance t�f c�bligations under the Consent Clecree, ir��l�ding any underlying '� research and analyt9cal data, will be retained as req�ired by the Cansent flecr�e. � 4. The Cantractor�r�rees to def�nd, ir�demnify, a�d hold harm{ess the City, its officers, j agents, ar�mplc�yees fr�m and against any claim�, in��ding penalties, costs and G fees as provided in th� Consent Decree, reCatin� to c�r a��si�g out of the Contractor's ;� failure to comply with the Cr�ns�nt Decree. jl � CONTRACTf3i�: � i N/A Contractor � gY: l-�� ,� � � Signafure " ' } ' ��7 1 f�"� �`�— � � !'rit ed Name �1C� � �'��.�L��n `�" � Title �"�~�,� Date � a SECTION 0050Q Page 6 of 6 THE CfTY AGREES: ; 15. Upon the completion of the Contract, and the �cceptance o#the Project by t�� C�ty �c�uncil, and subject ta the requirements of law, the Gity agrees ta pay the Co�tractc�r��al� cornpensation for the complete pertormance of this Contract, the amou�t det�r�ni��d f�r the total work completed at the price(s} stated in the Contractor's Bid Propos�� a�d iess any Agreed Cast of Delay provided for in the Contract Documents_ CONTRACT AMOUI�T $ 93,591.5Q ' CITY OF DUBUQUE, IOWA: li City Mana�er's Office I� Department I By: '�� i Signature,! � �I Michael C.Van Milli�en i Printed Name , Cit Mana er " Title � � i' Date � Ct�NTR.14(;TO'f2: � . �� '��'�.� S�r�� =��nc� Contractor e By: � �� C��-�� 1C-�- Signature 1 �� C.� ' Prinfed tVarne �d��.� ��n� Tit�e �` � " � � Date ___= EN� o� sE�ria►n� aa�oo =_=_ � � � �ECTION 00600 Page 1 of 4 PERFORMAI��CE, PAYMENT AND MAIt�TENANCE S��1D sECTio�v ao�oa KN01N ALL BY THESE P1�ESENTS: That we, Drew Coo�C & ��ns Ex�avatinq Co., Inc., as Principal (hereinaft�r the "Co�tr�ctc�r" or "Principal") a�td IMT Insurance Company , as Surety are hel� and firmly bound unto the City of��buque, lowa, as Obligee (her�ina�ter referred to as "Owner�'), ar�d t� ail persons who may be injured by any br�ach of any of the conditions of this B�nd �n the penal sum of Ninety-t�ree tho�sand, five hundred r�ine�y-one dollars and fifty-cents. ($ 93,591.��), lav�rful mc�ney of the United States, for the payment c�f which sum, well and truly ta be made, we bind ourselves, our he��s, I�gal representatives and assigns,jointly ' or severally, fiirmly by thes� pres�r�ts. � The conditions of#he abov� obligat�or�s ar� such that vio�ereas said Contract�r entered ir�to a i; contract with the Own�r, be�ring date t�e 22"� day of i11�av, 2018, {hereinafter the "�on�ract") ; wherein said Contractor�andertakes and agrees ta ce��struct the fallowing proje�t 9r� accordance with � the Contract D�cuments, a�d tr� faithfully pertorm aE�the terrns and requirements of sa�d Contract 1 within the time therein specified, in a goc�d and wo��artfi�€e manner, and in accordance with the �i Contract Documents. !� Ij �, The Contract Dacuments for Cummins Street Retai�i�g�l�ll �econstruction Project detail the II fallowing described irnprc�vement�: � This project is for th� remov�l of an existing coracr�te r�tainirtg wall and replacernent with a Redi- ; Rock or equivalent retaining wall. The length af the r�f�er►��t� wal/to be construcfed is approximately � 121 LF. The project includes 1&5 LF of new eurb anc�gc��er, 85 SY af 6"sidewalk and replacement i� of an ADA ramp. The proj�ct also includes 125 L�of�'high chain link fence. � I (t is expressly understc�od and agreed by the Contrac�e�r a�d Surety in this Bond that the following provisions are a part of this Bond and are binding up�� sa�d Gontractor and Surety, tawit: � 1. PERFORMANCE; The C�ntractor shalf vv�6� ��d f�ithfully observe, perform, fulfill, and , abide by each and every covenant, condit��, a�d part of said Contract and Contract Documents, by referer�ce made a �art her�of, for the project, and shall indemnify and says harmless the Owner from all outlay and ex��ns� ir�curred by the Owner by re�son of the Contractor's default of failure ta pertorm as req�ired. The Contractor shall also be responsible for the default or failure to per�Q�rrn as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labnr in the performance of the Cca�tract. 2. PAYMENT: The Contractar and the Surety a� this �ond hereby agreed to pay all just � claims submitted by persons, firms, subcontracfors, and corparations furnishing materials � for or pertorming labor in the pertormance of th� Contract on account of which this Bond is given, including but not limited to cfaims far a{! amounts due for labor, materials, lubricants, � � z � `SECTION 00600 Page 2 of 4 � � oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the � � Contractor or any subcontractor, where�n the same are not satisfied out of the portion of the � contract price the Owner is required fio retain until completion ofi tY�e im�rovement, but the � Contractor and Surety shalf nafi be liable to said persons, firms, or+corporations unless the claims of sa�d claimants against said pa�ion of the contract price shail have been � established as provided by faw. The Ga�tractor and Surety hereby bi�d thems�lves to the h obligations and conditions set farth in CE�apt�r 573 of the fowa Code, which by this � reference is made a part hereaf as though fulfy set out herein. � 3. MAINTENANCE: The Contractor and t�e Surety on this Bond hereby agree, a�their owr� expense: ��I A. To remedy any and a{I defects t�at may develop in or result from wc�rk to be performed under the Cantrac� Dc�c�mer�ts within the period of two (2) year{s)frorn the ; date of acceptance of the wark �nde�the �or�tract, by reason of de�ects in workmanship, equipment instal[ed, ar materials used in constru�tior� of said work; B. To keep all work in eontin�Qus gaod re��ir; and � � G. To pay the Owner's reaso�a�fe casts cef rr�Qnitoring and inspectic�n to assure that any '' defects are remedied, and fi� repay t�e awner af{ outlay and expense incurred as a � result of Contractor's and S�rety'�fai��are to remedy any defect as required by this li section. N� Contractor's and Surety's Gontract herei� rr�ad� extends to defects in w�rkmanship c�r � materials not discovered or knaw� ta t�e Ow�er at the time such work was accep�ed. 4. GENERAL: Every Surety or� fihis Bar�d st�a�f be deemed and held bound, any contract to the contrary notwithstanding, to the fallawi�g prr�visions: 4 A. To consent without notice to any e�cte�sion of time authorized in approved change arders to the Contractar in vu�hich tc� per�arm the Contract; B. To.consent without notice ta ar��ch�r�ge in the Contract or Contract Documents, authorized in approved char�ge c��ders which thereby increases the total contract priee and the penal sum af this Bae�d, prc�vided that all such changes do not, in the � aggregate, involve an increase of more than twenty percent {20%�of th� total cQntract price, and that this Band shail the� b� refeased as to such excess increase; C. To consent without notice that thi� Bo�d sha(f remain in full force and effect until the Contract is completed, whethe6 cc�rr�pleted within the specifiied contract period, within an extension thereof, or within a period af time after the contract period has eEapsed and the liquidated damage pena(ty is being charged against the Contractor. � � 2 � ` SECTION 0060� Page 3 of 4 The Contractor and eve Sure art the o ry ty B nd shall be dsemed and heid bound, any contract to the n contrary nc�twithstanding, to the f�lfowing provisions: � D. That no pravision c�f this Bond or of any other c�r�tract sf�all be valid t�at limits to less � than five (5) years after the acceptance of the work �ander the Contra�t the right to sue '�,� on this Band. b � E. That as used he�ein, the phrase "all outl�y and e�pens�" �s nc�t to be fimited in any �� way but shafl ir�c��de the actuaf and reaso�able costs a�� expenses incurred by th� flwner incEuding i�terest, benefits, and ov�rhead w�er� �ppii�able. Accordingly, "aAI � outlay and expense"wauld include but not be I��ited tc� all ccantract or empl�yee �1 expense, afC equipmes�t usage or rental, materi�ls, t�st�ng, outside experts, attorney's ', fees (including or�erhead expenses of the Ow�er's st��a�tor�eys}, and all costs and � expenses of litigati�n �s the�are incurred by the Ov�r��r. It�s intended the Contractc�r ;� and Surety wi[{ defend and indemnify the Owner o�o a01 claims made against the J Uwner an acc�unt Qf Car�tractor's fiailure t� perf�r� a� req�ir�d in the Cantract and � Contract Docume�ts, that all agreements and pro�ises set forth in the Contract an�d ! Contract Docume�t�, ir� approved change orders, a�a� in this Bond will be fuffilled, a�� ' that the Clwn�r rovi�l be f�lfy indemnified so that it will be pu� into the position it would ; have been in hacf�he G�r�tract been performed i� the first i�stance as required. �� , I In the event the Owner inc€�rs ar�y"o�t�ay and expense" in def�nding itsel�against arty claim as t+o i which the Contractar or Surety shauld have provided t�e defen�e, or in the �nforcement a#the ;; promises given by the Contractor i� the Contract, Contra�t Documents, or approved change � orders, or in the enforcernent c�f the pramises given by the Contractor and Surety in this Bond, the Contractor and Surety agree th��f�ey r�ill make the Owner whole for all such a��tEay and expense, ; prc�vided that the Surety's ab�igati€�r� under this Bond shall not exceed one hundred twenty-five � percent {125°l0) af the per�a! sum af tk�is �ond. In the event that any actians ar°peac�edi�gs are initiated regarding th�s Bond, the parties agree that the venue thereof shall �e Dubuq�e Cou�ty, State of lowa. !f legal action is required by the Owner to enforce the provisions o�fihis �3c�nd ar to collect the monetary obligation ineurring fo�he benefit of the {Jwner, the Contractor and the S�rety agree,jointly, and severally, to pay the Qwner al[ outlay and expense incurred therefor by the C7wner. All rights, powers, and remedies of the 4wner hereunder shall be cum�alative �r�d not afternative and shall be in addition ta al! rights, powers, and remediss given to the Qwr�er, by[aw. �"he Owner may proceed agai�st surety far any amount guaranteed hereunder w�ether act�oo� is braught against the Contr�ctor or whether Contraetor is joined in any such action(s�ar rt�t. NOW THEREFORE, t�e canditior� o��his abligation is such that if said Principal shal[faithfully perform all the pramises af t�e Principa(, as set forth and provi�ed iro the Contract, in the Contract Documents, and in this Bond, t��r�this obligation shall be null and void, otherwise it sha[f remain in full force and effect. When a work, term, or phrase i� used in this Band, it shall be interpreted or construed first as defined in this Bond, the Cantract, ar the Contract Documents, second, if nat defined in the Bond, Contract, or Contract Documents, it�hali be interpreted or construed as defined in applicabEe � SECTlON 00600 Page 4 of 4 provisions of the lowa Code; third, if not de#ined in the �owa Code, it shaEl be interpreted or � construed accarding to its generally accepted meaning in #he construction industry; and fourth, if it � has no generally accepted meaning in the constr�action industry, it shall be interpreted or construed i according to its common or customary usage. � Failure to specify or particularize shall not exclud� terms or provisions not mentioned and shall not ! limit liability hereunder. The Contract and Contra�t D�cum�nts are hereby made a part of this j Bond. �, �� Project No. 3001029 i � Witness our hands, in trip4icate, this 13th d�y�� . June , 2p�g_ SUR�T,� IGNEfl 8Y: �� -'""''" F��2M APPRUVED ; "� graa re of Agent �"° I Representat�ve for er ; � John E. Goodmann ; � �� Pranted Name of Agent 2774 Unive�sity Ave, Suite A � i �'��` '�� .lR�TY: , ,�:�- �;'j i i ,.' Company Address IMT Insuranc an ', � � Dubuque, IA 52001 sure m ny 'i City,State,Zip Code ; 563-556--3232 y i '` ' nafure Attor�ey-in-Fact EJFficer � Company Telephone Number John E. Goodmann ' �R��C1Pd4L: Pnnfed Narne afAttorney-in-Fact C}ffieer i s /' `�,,,, IMT Insurance Company � � �7"Ln�C. �� Q t�„[�� Company Nsr�e i Contr ct r P 0 Box 1336 I B�� . ��J L � I� Company AcEdsess � Signature � /" Des Moines, IA 50306 ��'� C � . City,State,Zip Code Printed Na e 800-274-3531 , Company Telephone IVumber �flTE: 1. AIE signatures on this pertormance, payment, �nd maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signat�res will nat be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seaf. � 3. The name and signature of the Surety's Attorney-in-Fact/O�icer entered on this Sond must be exactly as listed on the Certificate or Power of Attorney accompanying this Bond. ___= END �OF SECTION 00600 =___ � � � ; � o ��.r��n�n��n��n��r��n��n�� o 5 , � 5 5 5 5 IMT �NSURANCE 5 � 5 � 5 � 5 POWER OF ATTORNEY No. 9 4 5 2 5 5 'I� 5 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof.Please review carefully. 5 � Know All Persons By These Presents,that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa,and having 5 � 5 makenconst�ute and appC n�of West Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents 5 ji 5 John E.Goodmann and Barton P.Brown 5 � 5 5 �5 op Dubuque and State of Iowa its true and lawful Attorney-in-Fact, with full power and S rj authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,under- 5 5 takings,recognizances or other written obligations in the nature thereof,subject to the limitation that any such instrument shall not exceed the 5 amount of: � � 5 One Million Five Hundred Thousand and No/100($1,500,000.00)Dollars 5 5 and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized � C� officers of IMT Insurance Company,and all such acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and CJ 5 confirmed. C�J" 5 This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of S � rj Directors of IMT Insurance Company on December 18,1998. 5 5 ARTICLE VIII,SECTION 4.-The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and 5 5 to authorize them to execute on behalf of the Company,and attach thereto the Corporate Seal,bonds,undertakings,recognizances,con- 5 � 5 tracts of indemnity or other obligatory writings,excluding insurance policies and endorsements. CJ i 5 5 � ARTICLE VIII,SECTION 5.-The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power 5 I 5 of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII,Section 4 of the By-Laws. Such 5 5 facsimile signature and seal shall have the same force and effect as though manually affixed. 5 5 In Witness Whereof, IMT Insurance Company has caused these presents to b'� si�ned by its President and its corporate seal to S I 5 be hereto affixed,this Sth day of February 2018 S � � � � IMT,Tns rance C�� pany��, 5 5 ` 5 5C �- �`�� 5 � Sean I�ennedy Presrdent 5 � WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH la��`l $'ORDER AND RED LOGO. � 5 STATE OF IOWA � 5 ss: 5 CJ COUNTY OF POLK 5 -r5j On this 5th day of February 2018 ,before me appeared Richard Keith,to me personally known, �,5j 5 who being by me duly sworn did say that he is President of the IMT Insurance Company,the corporation described in the foregoing instrument, 5 rj and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in rj 5 behalf of said Corporation by authority of its Board of Directors. 5 rj In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines,Iowa,the day and year S 5 first above written. 5 5 �� s�r� c�a�ir �� 5 � COMMISSlt71�N0. 783928 5 MY' SS�Ok'E�PlAFS Notary Public,Polk unty,Iowa 5 5 �ow+� � p 5 5 CERTIFICATE 5 5 I,Dalene Holland,Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of 5 5 the POWER-OF-ATTORNEY,executed by said the IMT Insurance Company,which is still in for��and effect. 5 � In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on 13th day of 5 S Ju�,� ?��R , - I^ 5 5 �QaQ�� Ik� � X�-�ar�o� 5 5 ` 55 Dalene Holland,Secretary 5 5 sY o6 06�oiro�> 5 o ��r��n��n�n��.n��n��n��.n��n��n��n�n�� o