Signed Contract_Multicultural Family Center Sidewalk Replacement Project Copyrig hted
March 1, 2021
City of Dubuque Consent Items # 12.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUM MARY: Master Services Agreement with I mOn Communications; Multicultural
Family Center Sidewalk Replacement Project.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Master Services Agreement with I mOn
Communications Supporting Documentation
Multicultural Family Center Sidewalk Replacement Supporting Documentation
Project
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
MULTICULTURAL FAMILY CENTER SIDEWALK REPLACEMENT PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 10 � day of February 2021 between the City of Dubuque, lowa, by its City
Manager, through authority conferred upon the City Manager by its City Council (City), and
McDermott Excavating (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for
MULTICULTURAL FAMILY CENTER SIDEWALK REPLACEMENT 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. Performance, 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) 2020 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10.Special Provisions included in the project Contract Document Manual.
11.Drawings—Sheet No. A.1 through No. S-1 (8 pages) or drawings consisting of
sheets bearing the following general title:
MULTICULTURAL FAMILY CENTER SIDEWALK REPLACEMENT PROJECT and
Sheet No. A.1 through No. S-1 (8 pages)
12.Addenda (numbers_to _ , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
SECTION 00500
Page 2 of 6
17.Erosion Control Certificate (Section 00900).
18.HUD Requirements and forms
19.Davis-Bacon Wage Decision
20.Appendices.
21.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 00471)
ii.
iii.
22.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%) �f the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any claim
by any party that may be filed for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in 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 will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
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 officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys'fees, arising out of or resulting from performance of this Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of property, including loss of use resulting there
from, but only to the extent caused in whole or in part by negligent acts or omissions of
Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts
Contractor may be liable, regardless of whether or not such claim, damage, loss or expense
is caused in part by a party indemnified hereunder.
10. The Contractor hereby represents and guarantees that it has not, nor has any other person
for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any
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.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of 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 and the Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, and related labor requirements and regulations and the
Federal Wage Determination for this Project.
SECTION 00500
Page 4 of 6
C. Equipment or products authorized to be purchased with federal funding awarded for this
Contract must be American-made to the maximum extent feasible, in accordance with
Public Law 103-121, Sections 606(a) and (b).
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
CONSENT DECREE
RELATING TO THE PROJECT
14. � THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
� THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the State
of lowa v. The City of Dubuque, lowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Actinn
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.
The provisions of the Consent Decree is part of the Contract Documents and can be viewed at
htf�:Ilwww.cit�rafd��b���ue.or�DacumentCenterlHamelView131 T3. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
SECTION 00500
Page 5 of 6
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.
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, lowa, 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.
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents reports, data, records, or other information (including documents,
records, or other information in electronic form) that relate in any manner to the
perFormance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree.
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
CONTRACTOR:
Contractor
By: N/A
Signature
Printed Name
Title
Date
SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $41,780.00
CITY OF DUBUQUE, IOWA:
City Mana�er's Office
Depar� t r _
�/' �
By: !/
Signature
Michael C. Van Milli�en
Printed Name
City Mana�er
Title
2/22/2021
Date
CONTRACTOR:
McDermott Excavating
Contractor
By:�.%ti��cd J�� '-`';� 'k'- _.,,..,
Signature
Kevin P. Donovan
Printed Name
Superintendent
Title
2/10/2021
Date
___= END OF SECTION 00500 =___
SECTION 00800
Page 1 of 5
CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY
SECTION 00800
800.1 SCHEDULE:
CALENDAR DAY SCHEDULE:
Work required by the Contract Documents shall commence within ten (10) calendar
days after Notice to Proceed has been issued and shall be completed in accordance
with the following milestone dates:
Milestone Date 1
All project work is substantially complete by April 15, 2021. Substantially
complete means that the sidewalk along Central Avenue is available for use.
Milestone Date 2
All construction along Central Avenue and 11th Street shall be finally
complete prior to April 30, 2021.
800.2 AGREED COSTS OF DELAY:
Time is of the essence of the Contract. As delay in the diligent prosecution of the work may
inconvenience the public, obstruct traffic, interFere with business, and/or increase costs to the
City such as engineering, administration, and inspection, it is important that the work be
prosecuted vigorously to final completion.
An extension of the contract period may be granted by the City for any of the following reasons:
1. Additional work resulting from a modification of the Contract Documents by approved
change order.
2. Delays caused by the City.
3. Other reasons beyond the control of the Contractor, which in the City's opinion, would
justify such.
Should the Contractor, or in case of default the Surety, fail to complete the work within
the specified Milestone dates, a deduction at the daily rate for agreed costs of delay will
be made for each and every calendar day, such that the work remains uncompleted.
The Contractor or the Contractor's Surety shall be responsible for all costs incidental to
the completion of the work, and shall be required to pay the City daily costs in
accordance with the following schedule:
SECTION 00800
Page 2 of 2
A. For each calendar day that any work identified as required as a part of the
milestone remains uncompleted beyond such Milestone Date for Milestone Date 1, the
contractor will be assessed and shall pay, $300 per calendar day.
B. For each calendar day that any work identified as required as part of the
milestone remains uncompleted beyond Milestone Date 2 the contractor will be
assessed and shall pay, $400 per calendar day.
C. The payments are assessed not as a penalty, but as predetermined and Agreed
Cost of Delay until Milestone Date completion requirements are met.
Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration
of the Final Completion date or extension thereof shall in no way operate as a waiver on the
part of the City of any of its rights or remedies under the contract, including its right to Agreed
Cost of Delay pursuant to this provision. Furthermore, the assessment of Agreed Cost of
Delay shall not constitute a waiver of the City's right to collect any additional damages which
the City may sustain by failure of the Contractor to carry out the terms of the Contract.
The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as
the true and actual damages due the City for loss to the City and to the public due to obstruction
of traffic, interference with business, and/or increased costs to the City such as engineering,
administration, construction, and inspection after the expiration of the contract times, or
extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and
final payment will be withheld from the Contractor until payment has been made of this invoice
for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of
delay in excess of the amount due the Contractor.
___= END OF SECTION 00800 =___
SECTION 00900
Page 1 of 1
EROSION CONTROL CERTIFICATION
SECTION 00900
Date 2i�oi2oz�
Clty: Dubuque
AdCll"eSS: 11672 Airborne Road Dubuque, lowa 52003
Project: Multicultural Family Center Sidewalk Replacement Project
Contract No. 3001425, 2602833
Description: Improvements include the removal and installation of 180 SY of 5" PCC sidewalk.
The installation of 54 SY of brick pavement with PCC base and polymeric sand. The project will
include removal of a light pole and base.
This project also has an alternate to remove and install sidewalk along 11th Street. This sidewalk
replacement amounts to 91 SY.
I certify under penalty of law that I understand the terms and conditions of the National
Pollutant Discharge Elimination System (NPDES) Permit that authorizes the storm
water discharges associated with industrial activities from the construction site and as
detailed in the Contract Documents. Further, by my signature, I understand that I am
becoming a co-permittee, along with the owner(s) and other contractors and
subcontractors signing such certifications, to the lowa Department of Natural Resources
NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial
Activity for Construction Activities" at the project site. As a co-permittee, I understand
that I, and my company, are legally required under the Clean Water Act and the Code of
lowa, to ensure compliance with the terms and conditions of the storm water pollution
prevention plan developed under this NPDES permit and the terms of this NPDES
permit.
I agree to indemnify and hold the City harmless from any claims, demands, suits,
causes of action, settlements, fines, or judgments and costs of litigation, including, but
not limited to, reasonable attorney's fees and costs of investigation and arising from a
condition, obligation, or requirement assumed or to be perFormed by the Contractor for
storm water pollution and erosion control.
Fines and other costs incurred against the City for the Contractor's failure to provide the
required erosion control practices will be paid by the Contractor.
COC1tC'aCt01": McDermott Excavating
D
By: ,� ��' i:;,
✓/...'i.r'.:.C��I � L.r.-�'?.t/.>v�7'e
(Authorized Signature)
Superintendent
(Title)
SECTION 00600
BOND#GRIA288846 Page 1 of 4
PERFORMANCE PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, McDermott Excavatinq , as Principal {hereinafter the "Contractor" or"Principal")
and Granite Re, Inc. , 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 fortv-one thousand seven hundred eiqhtv dollars and zero cents
($41,780.00), 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,
�rmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with th� Ownsr, bearing date the , �Oth day of February , 2021,
(hereinafter the "ContracY') 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
MULTICULTURAL FAMILY CENTER SIDEWALK REPLACEMENT PROJECT detail the following
described improvements:
Improvements include the removal and installation of 180 SY of 5" PCC sidewalk. The installation
of 54 SY of brick pavement with PCC base and pofymeric sand. The project will inelude removal
of a light pole and base.
This project also has an alternate to remove and install sidewalk along 11th Street. This sidewalk
replacement arrlounts to 91 SY.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulftll, 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 sha{I also be
responsible for the default or failure to perform as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees furnishing materials
or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
SECTION 00600
Page 2 of 4
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.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract Documents within the period of two (2) year(s) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship, equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the
aggregate, involve an increase of more than twenty percent (20%) 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 penalry is being charged against the Contractor.
SECTIUN 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 provisians:
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 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
Cantract Documents, that aU 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 6een performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
� percent (125%) of the penal sum of this Bond. .
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 enfarce the provisions of this Bond or to colleat the manetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree,jointly, and severally, to pay the Owner all outlay
and �xpense 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 far any amount
guaranteed h�reunder whether action is brought against the Con#ractor 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 ail 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, othervuise 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
SECTION OQ600
Page 4 of 4
provisions of the lowa Code; thErd, 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 generably 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. 3001425 '
. 2602833
Witness our hands, in triplic�te, this 10th day of February , 2021.
SURETY COUNTERSIGNED BY: Title
N/A FO PPROVE� B-Y:
Signat►�re of Agent �
Repre t�tiva tar Owmer
Pnntsd Name of Ag�nt
SURETY: '
Companyl�iddros� Granite Re, Inc.
Surety Cor�p�ny ,
City,State,Zip Code B ��'���,. -R;��d,_�._„�,,�
ySignature Attomey-in-�act�fficer
� .Company Te6ephone Number Connie Smith,Attorney-in-�aet
Printed Nem�of Attnmey-in-Fact Uffic�r ��
PRINCIPAL: J. Ryan Bonding, Inc.
McD�rmott Excavating Corrtpany Name � ~
Contractnr P.O. Box 465
,.� :,
By: ;�✓_4�;�; i v',•,��.:,�.:��.., �ampanyAddr��s
So�n�ture Hudson, WI 54016
Kevin P. Donovan c�c�,stars,zep cod�
Printed Nam� 800-535-0006 '
Company Telephone N�mber
NOTE:
1. All signatures on this pertormance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be 5ealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-FacUOfficer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond. � •
_-_= END OF SECTION 00600 =�==
, - . • � . - . _ _ � - � �
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
MICHAEL}. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL; ELIOT
MOTU its true and lawful Attorney-in-Fact(s)for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto
annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and
confirms all and whatsoever the said:
MICHAEL J. DOUGLAS; CHRIS STEINAG�L; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; CONNIE SMITH; KORY MORTEL; ELIOT
MOTU may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, ING. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its President and Secretary/Treasurer,this 3�d day of January, 2020.
�.PN�tEAE,� � . _
�O?co °^�h�✓C. .
s`�eA L Kenneth D.Whittin ton, President
STATE OF OKLAHOMA ) ,`� �,7U�,,��
) SS: f�-5 r
COUNTY OF OKLAHOMA ) Kyle�P, McDonald,Treasurer
On this 3�d day of January, 2020, before me personaliy came Kenneth D. Whittington, President of the GRANITE RE, INC. Gompany
and Kyle P. McDonald, Secretary/Treasurer of said Company,with both of whom I am personally acquaint�d,who being by me severally duly
sworn, said, that they, the said Kenneth D.Whittington and Kyle P. McDonaid were respectively the President and the Secretary/Treasurer of �
GRANITE RE, INC., the corporation described in and whith exeCuted the foregoing Power of Attorney; that they each knew the seal of said
corporation;that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of
said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively,of the Company.
ty Y i.C� /
0" R( �
l J•G +'�
,i' F `�
My Commission Expires: "` "`
August 8, 2021 �Y���F�(,h�B��V, Notar �Public
Commission#: 01013257
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting SecretaryjTreasurer of Granite Re, Inc., a Minnesota Corporation, HERE¢Y CERTIFIES
that the following resolution is a true and correct excerpt from the July 1 5, 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect,
"RESOWED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as attorneys-in-fatt or under other appropriate titles with authority to execute on behalf of the company fidelity and
surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument
making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or
on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner
reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHER e undersignecJ�has subscribed this Certificate and affixed the corporate seal of the Corporation this
�day of.-- � �.., 2�_�
�e�on°w,,:�'� /
/��/ ��/�G2''�.�
SEAL �Y'
Kyle P. McDonald,Secretary!Treasurer
GR0800-1