Contract/Bond_SELCO, Inc. for 2019 Pavement Marking Project Copyrighted
July 15, 2019
City of Dubuque Consent Items # 22.
ITEM TITLE: ImprovementContracts / Performance, Paymentand
Maintenance Bonds
SUMMARY: Mathy Construction Companyd/b/a River City Paving for
the US52 - Central Avenue (9th-12th Streets) HMA
Pavement Milling and Resurfacing Project; McDermott
Excavating for the 15 South Main Street Site Utility
Disconnect Project; SELCO, Inc. for the 2019 Pavement
Marking Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
ContracVBond - Mathy Construction dba River City Supporting Documentation
Pavi ng
ContracVBond - McDermott E�avating Co. Supporting Documentation
ContracVBond - SELCO Co. Supporting Documentation
SECTiON 40500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
2019 PAVEMENT MARKING PRUJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 19th day of June 2019 between the City of Dubuque, lowa, by its City Manager,through
authority conferred upon the City Manager by its City Council (City), and SELCO, Inc. (Cantractor).
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
2019 Pavement Markinq Proiect (Project).
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. Pertormance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages_to_ , inclusive).
b. (Bond Name) (pages_to_ , inclusive).
c. (Bond Name) (pages _to_ , inclusive).
7. The lowa Statewide Urban Design and Specifications (SUDAS) 2017 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2017 Edition.
9. Other Standard and Supplementary Specifications as iisted on the Titie Page of the
Contract Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11.Drawings Sheet No. A.01 through No. J.19 (20 pages) or drawings consisting of
sheets bearing the following generai title:
All Pa es
12.Addenda (numbers_to_ , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exem�tion Certificate (Section 00750).
9 5.Site Condition Information (Section 00775).
�
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 (Sections 01100 - 00000).
20.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00470/00471}
ii.
iii.
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.
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 pertormance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in lowa Code Chapter 573 or lowa 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 wifl be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
SECTION 00500
Page 3 of 6
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its of�cers 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 pertormance of this Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of property, including loss of use resulting there
from, but only to the extent caused in whole or in part by negligent acts or omissions of
Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts
Contractor may be tiable, 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
other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or
public officer any sum of money or anything of value whatever in order to obtain this Contract;
and it has not, nor has another person for or in its behalf directly or indirectly, entered into
any Contractor arrangement with any other person, firm, corporation or association which
tends to or does lessen or destroy free competition in the award of this Contract and agrees
that in case it hereafter be established that such representations or guarantees, or any of
them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but
in no event less than $2,000.00 (Two Thousand Dollars)to the City.
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 lowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
• � ,
,
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of lowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. The City 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
SECTION 005Q0
Page 4 of 6
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
CONSENT DECREE
RELATING TO THE PROJECT
14. � THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND TH1S SECTION ARE
APPLICABLE.
CITY CONTRACTOR
� THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE C1TY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the State
of lowa v, The City of Dubuque, 1owa, 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 lowa. The provisions of the Consent Decree apply to and are binding upon the City and its
officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and
corporations under contract with the City to perform the obligations of the Consent Decree,
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http:llwww.citvofdubu�ue.arql�ocum�ntC�nt�rlHamelViewl3�73. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent �ecree,
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 oEher
information in electronic form) in its or its contractors'or agents' possession or control, or that come into
its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information-retention period, upon request by the United States or the State, the
City must provide copies of any documents, reports, analytical data, or other information required to be
maintained under the Consent Decree. At the conclusion of the information-retention period, the City
must notify the United States and the State at least ninety (90) Days prior to the destruction of any
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.
SECTION 00500
Page 5 of 6
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
1. I have received a copy of the Consent Decree in the case of The United States of
America, and the State of lowa v. The City of Dubuque, fowa, Civil Action Number
Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number90-
5-1-1-09339, United States District Court for the Northern District of lowa.
2. All work pertormed 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 reiate in any manner to the
pertormance of obligations under the Consent Decree, including any underlying
research and analytical data, wilf be retained as required by the Consent Decree.
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or emptoyees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
CONTRACTOR:
N/A
Contractor
By:
Signature
Printed Name
Title
Date
SECTION 00500
Page 6 of 6
TH� CITY AGRFES:
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 Proposaf and less
any Agreed Cost of Delay provided for in the Contract Documents,
CONTRACT AMOUNT $ 119,740.�1
CITY OF DUBUQUE, IOWA:
Citv Mana�er's Office
Department
By: --
Signatur
Michael C.Van ivlilli�en
Printed Name
City Mana�er _
Title
C�CI G
Date
CONTRACTOR:
SELCO, Inc.
Contractor
By: ��.�
Signature
Mark Wolff
Printed Name
President
Title
06-19-2019
Date
___= END OF SECTION 00500 =___
SECTION 00750
Page 1 of 5
SALES AND USE TAX EXEMPTION CERTIFICATE
SECTION 00750
The City of Dubuque, as a designated exempt entity awarding construction contracts, will issue
special exemption certificates to contractors and subcontractors, allowing them to purchase, or
withdraw from inventory, materiafs for the Contract free from sales tax pursuant to lowa Code
Sections: 422.42 (15) & (16), and 422.47 (5). The special exemption certificate will also allow a
manufacturer of building materials to consume materials in the pertormance of a construction
contract without owing tax on the fabricated cost of those materials.
1. These tax exemption certificates and authorization letters are applicable only for the work
under the contract. The Contractor and each subcontractor shall comply with said lowa
Code Sales Tax requirements, shall keep records identifying the materials and supplies
purchased and verify that they were used on the contract, and shall pay tax on any
materials purchased tax-free and not used on the contract.
2. Upon award of Contract the City will register the Contract, Contractor, and each
subcontractor with the lowa Department of Revenue and Finance; and distribute tax
exemption certificates and authorization letters to the Contractor and each subcontractor.
SECTION 40750
Page 2 of 5
PROJECT INFORMATION REQUIREMENTS FOR
STATE OF IOWA SALES TAX EXEMPTION CERTlFICATES
FOR CONTRACTORS 8� SUBCONTRACTORS
Submitting Department: Enqineerinp
Department Contact: Robert Schiesl
Project CIP Number(s): 300 2245
Please complete this form in its entirety and submit along with the executed Contract, Bonds and
Certificate of Insurance. Upon receipt, the City Finance Department will work with the lowa
Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s)ta
allow for the purchase or inventory withdrawal of materials for the specified Project free from State
of lowa Sales Tax.
Sales tax exemption certificates are not provided to materia! suppliers.
The Contractor and subcontractors can provide copies of the sales tax exemption certificates issued by the
City to individual material suppliers.
Project Name: 2019 Pavement Marking Project.
Project Description: Furnish, install, maintain, and remove permanent
pavement markings to include Lines and Symbols
and Legends on City of Dubuque streets as
directed by the City Engineer, Also to include
portions of lowa DOT pavement markings as
directed b the Cit En ineer
Start Date Bid Openin Date): June 6, 2019
Final Completion Date: November 1, 2p19
1. General Prime Contractor: SELCO nc
Contact Name:
Complete Address: 643 W. Mayne Street
(Include PO Box and Street Information)
Clty, State, Zlp COde Blue Grass, IA 52726
Telephone Number: 563-381 -1 81 8
Federal I.D. Number: 42-1 020125
(or Include Social Security Number)
Work Type to be Completed: Painted Pavement MaRKINGS
SECTION 00750
Page 3 of 5
2. Subcontractor: N/A
Complete Address:
(Include PO Box and Street Information)
Cit , State, Zi Code
Telephone Number:
Federal I,D. Number:
(or Include Social Security Number)
Work Type to be Completed:
3. Subcontractor: N A
Complete Address:
(Include PO Box and Street Information)
Cit , State, Zip Code
Tele hone Number:
Federal I.D. Number:
(or Include Social Security Nun7ber}
Work Type to be Completed:
4. Subcontractor: N/A
Complete Address:
(Inciude PO Box and Street Information)
Cit , State, Zi Code
Tele hone Number:
Federal I.D. Number:
(or include Social Security Number)
Work Type to be Completed;
5. Subcontractor: N/A
Complete Address:
(Include PO Box and Street Information)
Cit , State, Zi Code
Tele hone Number:
Federal I.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
IAC588800
SECTION 0060p
Page 1 of 4
PERFORNI,ANCE P,�YiVlE�1T AND MAIN1'EPIANCE BOiVD
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, SELCO. Inc., as Principal (hereinafter the "Contractor" or "Principal")
and Merchants Bonding Compan� 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 One hundred nineteen thousand seven hundred fort dallars and twent -one
cents ($119,740.21), lawful money of the United States, for the payment of which sum, well and
truly to be rnade,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 �wner, bearing date the 19t" day of June, 2019, (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 2019 Pavement Markinq Pro�ect (Project) detail the
following described improvements:
Furnish, install, maintain, and remove permanent pavement markings to include Lines and
Symbols and Legends on City of Dubuque streets as directed by the City Engineer. Also to
include portions of lowa DOT pavement markings as directed by the City Engineer.
It is expressly understood and agreed by the Gontractor 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, pertorm, 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, �rms, subcontractors, and corporations furnishing materials for or
pertorming 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
SECTION OQ600
Page 2 of 4
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.
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4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract ta the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time autharized in approved change orders
to the Contractor in which to pertorm the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,autharized
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 incurred by the Owner
SECTION 00600
Page 3 of 4
including interest, benefits, and overhead where applicable. Accordingly, "all outlay and
expense" wouid inciude 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 "outla,y and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents,or approved change orders,
or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of 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 ta all rights, powers, and
remedies given to the Owner, by taw. 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.
Nt7W T'HEREFORE,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
lowa Code; third, if not de�ned 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. 3002245
SEC?ION 00600
Page 4 of 4
Witness our hands, in triplicate, this 19th day of June , 2019.
SURE1'Y GOUNTERSIGNED BY: T�e
FORM APPROV Y:
Signature of Agent
Representative f Owner
Printed Name of Agent
5URETY:
Company Address
Merch t Bondi Com an Mutual)
Surery C m a �
City,State,Zip Code
By:
Signature Attomey-in-Fact O�cer
Company Telephone Number
Scott A. DeSousa, Attorney—in—Fact
PRINCIPAL; Printed Name of Attomey-in-Fact Officer
Friedman Insurance, Inc.
SELCO, Inc. Company Name
Contractor
�f�� 880 Locust Street
BY� '/�'�' Company Address
Signature
Dubuque, IA. 52001
���°d<< t�� (�'�. City,State,Zip Code
Printed Name
� � � < <,�;� 563-556-0272
��5" .>.� �• ' � l ( Company Telephone Number
NOTE:
1. All signatures on this performance, payrnent, 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 =___
�ERC1[-��[`�lT_�
BONQING COMPANYe,
POWER OF ATTORNEY
Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,
both being corporations of the State of lowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually,
Dan Weilik;Mark J Phalen;Scott A DeSousa;Shirley M Shannon;Terrance J Friedman
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 pertormance 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
undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized nfficer arid the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the
Company,and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and 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
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.
In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given
to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-
Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation.
In Witness Whereof,the Companies�a�e caused this instrument to be signed and sealed this 5th day of April , 2017 .
•�''��ON ..'•• .••"'••.
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:�j�'�FLP�R,p'�0�� ;�0,.�(�POR •.q � MERCHANTS BONDING COMPANY(MUTUAL)
•�:'G �'�•.2 y � .V '9�;y�,. MERCHANTS NATIONAL BONDING,INC.
;�'? 2003 0:`�; :Q�'2 1933 ���c� By
r,ty�' ��: ��'�6;• ��:� ��
•,•�''•••.. . ;'��. .� �•. .;�.a�.
•,��ji � .•�J��. .�ly.."..• \ . President
STATE OF IOWA ���""""'��, ��'•••'��
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.
,�PR�AI s ALICIA K.GRAM
� '• ; Commission Number767430
7� '` '� My Commission Expires � ' �-
� .
��,h�. April 1,2020
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 thisl9th day of June �019 .
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,j'•. 2003 '� •y~ �933 .'C: Secretary
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POA0018 (3/17) •�''"•�••••�•' ••••••••'