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Asbury Road Fiber Optic Collaboration - Phase 3 Project Copyrighted March 15, 2021 City of Dubuque Consent Items # 17. City Council Meeting ITEM TITLE: Asbury Road Fiber Optic Collaboration - Phase 3 Project SUM MARY: City Manager recommending that the award for the Asbury Road Fiber Optic Collaboration— Phase 3 Project be officially recorded in the minutes of the City Council. SUGGESTED Suggested Disposition: Receive and File; Make Matterof Record DISPOSITION: ATTACHMENTS: Description Type Asbury Road Fiber Optic Collaboration Phase 3-MVM City Manager Memo Memo Staff Memo Staff Memo Dubuque THE CITY OF � ul-A�eria ciq DuB E � � � II � Maste iece on the Mississi i zoo�•zoiz•zois �`p pp 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Asbury Road Fiber Optic Collaboration - Phase 3 Project DATE: March 9, 2021 Through the competitive quotation process for public improvements, the Asbury Road Fiber Optic Collaboration — Phase 3 Project was awarded on March 4, 2021, to Utility Service Contractors, in the amount of$31,826 for the base bid and alternate 1. The engineer's estimate for the project was $48,090. City Engineer Gus Psihoyos recommends that the award for the Asbury Road Fiber Optic Collaboration — Phase 3 Project be officially recorded in the minutes of the City Council. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF � All•p�aerica Ci� UU� E �v������� � � �����► � � Mast�E iece on the Mis&iBsl i zoo�•zoiz;zois � pp zai�*Zo�� TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: March 8, 2021 RE: Asbury Road Fiber Optic Collaboration — Phase 3 Project The Asbury Road Fiber Optic Collaboration — Phase 3 Project will provide for the installation of approximately 1,200 linear feet of fiber optic conduit and associated vaults and handholes on Asbury Road from the Northwest Arterial to Radford Road. This portion of the project is part of a Master Co-location and Shared Services Agreement between the City and Interstate Power and Light and Alliant Energy. The following is a summary of bids received for the Asbury Road Fiber Optic Collaboration — Phase 3 Project: Contractor Base Bid Alternate 1 Total Bid Utilit Service Contractors $24,625.00 $7,200.00 $31,826.00 Price Electric $39,300.00 $9,480.00 $48,780.00 The Engineer's estimate for the project is $48,090.00. Through the competitive quotation process for public improvements, this project was awarded on March 4, 2021 to Utility Service Contractors of Hiawatha, lowa, for the base bid and alternate 1, in the total bid amount of $31,826.00. The funding is as follows: CIP No. Fund Description Fund Amount 1002871 Alliant Ener Broadband $ 24,625.00 3001266 Traffic Si nal Interconnect $ 7,200.00 TOTAL FUNDING $ 31,826.00 In accordance with the competitive quotation requirements of lowa Code, Section 26.14, it is necessary that the award for the Asbury Road Fiber Optic Collaboration — Phase 3 Project be officially recorded in the minutes of the City Council. cc: Jon Dienst, Civil Engineer II David Ness, Civil Engineer II SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 2021 ASPHALT OVERLAY RAMP PROJECT ONE THIS IMFROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 12L 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 D&D Concrete, Inc. (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the 2021 Asphalt Overla Ram Pro'ect One. 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. The lowa Statewide Urban Design And Specifications (SUDAS) 2020 Edition. 7. CITY OF DUBUQUE Supplemental Specifications 2020 Edition. 8. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 9. Special Provisions included in the project Contract Document Manual. 10.Drawings— Consisting of sheets bearing the following general title: 2021 Asphalt Overlay Ramp Project One 11.Any Addenda issued. 12.Insurance Provisions and Requirements (Section 00700). 13.Sales Tax Exemption Certificate (Section 00750). 14.Site Condition Information (Section 00775). 15.Construction Schedule and Agreed Cost of Delay (Section 00800). 16.Erosion Control Certificate (Section 00900). 17.Exhibits to this Contract a. Contractor's Bid b. Bidder Status Form (Section 00460). c. The following documentation that must be submitted by Contractor prior to Notice of Award. SECTION 00500 Page 2 of 6 18.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 af the Contractor. 5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that thirty (30) day period, as provided in 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. 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 SECTION 00500 Page 3 of 6 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 therefare, 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 I'ollution 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 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. SECTION 00500 Page 4 of 6 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 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:Ilwww,cityafduY�uc�ue.or�laocumentCEnterlHomelView13173. 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 pr�eserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come 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 SECTION 00500 Page5of6 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 $104,418.00 CITY OF DUBUQUE, IOWA: City Manager's Office Depar ent By: !/ Signature I�'Iichael C. Van Milligen Printed Name City Manager Title 3/09/2021 Date CONTRACTOR: D&I� Concrete,Inc. Contractor �- , f �. �,-� By: , Sign � � i f�� �< �•��''. Printed,�lame � ,; ::>, �,�F,�f-- Title , -).._ ` 7_ ^'` � / 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 Finally Complete by May 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 by the specified Final Completion Date, a deduction at the daily rate for agreed costs of delay will be made for each and every calendar day or working day, whichever is specified, 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 the following daily costs: A. For each calendar day that any work remains uncompleted beyond the Substantial Completion date the contractor will be assessed and shall pay, $400.00 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Substantial Completion requirements are met. Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration of the Substantial and Final Completion dates or Milestone Dates 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 SECTION 00800 Page 2 of 2 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 '� � 7� 'd`��r City: The City of Dubuque — Engineering Department Address: 50 West 13t" Street Dubuque, lowa 52001 Project: 2021 Asphalt Overiay Ramp Project 1 Contract No. Description: Replacement of thirty-four (34) access ramps at 9 intersections in conjunction with the Public Works Asphalt Overlay program at the following locations: Bluff Street, Locust Street, Central Avenue, White Street, W.3rd St., W 5th St. W. 6th St., W. 7th St. and W. 8th St. 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. � � Contractor: ' .?�� �^,n�.� ��'- ,�^� B -��--.._�_.__T Y• (A thorized Signature) �'�, -"�,� f� (Title) Bund 7f2��5:i7"'-1 SECTION 00600 Page 1 of 4 PERFORMANC� PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL. BY THESE PRESENTS: That we, p&D Concrete, Inc. , as Principal (hereinafter the "Contractor° or °PrincipaP') and �y'cst Bcnd Mutu,il lnsuruncc C'ompuny , 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 four thousand�, four-hundred eighteen dollars and zero cents ($104,418.00), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 12� day of February , 2021, (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. Th� Contract Documents for the 2021 Asphalt Overlay Ramp Project One detail the following described improvements: Replacement of thirty-four (34) access ramps at 9 intersections in conjunction with the Public Works Asphalt Overlay program at the following locations: 1 a. W. 3�d Street and Bluff Street, two double ramps. 1 b. Alley on W. 3rd Street between Bluff Street and Locust Street, four single ramps 1 c. W. 3�d Street and Locust Street, two double ramps 2a. W. 5th Street and Central Avenue, two radial ramps 2b. W. 6th Street and Central Avenue, two single ramps 2c. W. 6t" Street and Alley between Cen#ral Avenue and White Street, four single ramps 2d. W. 6th Street and White Street, four double ramps 2e. W. 7t" Street and White Street, one double ramp 2f. W. 8th Street and White Street, two single ramps and a double ramp. It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform �s required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. SECTION 00600 Page 2 of 4 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipmer�t, 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 h�rein. 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 Sur�ty'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 nofinrithstanding, to #he 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 (2Q%) of the total contract price, and that this Bond shall th�n 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. SECTION 00600 Page 3 of 4 The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary nofinrithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limit�d to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner, It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account of Contractor's failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promise� 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 coll�ct the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaran#eed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promis�s of th� 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 defined in the lowa Code, it shall be interpreted or SECTION 00600 Pag� 4 of 4 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. 3001227-1 Witness our hands, in triplicate, this �'��� day of ►'������<«y , 2021. SUR�TY COUN`T'ERSIGNED BY: Tit�e FOR APPROVED BY: Signature of Agent (/ Repres ntative for Owner Printed Name of Agent SURETY: Company Address West Bend:vlutual lusurancc('om an Surety Com any City,State,Zip Code By: � ��"�� /'- �',.r '•�� `_� ' � �...•��,, Signature Attorney-in ac Officer Company Telephone Number Nicolc[Iennsen Printed Name of Attorney-in-Fact Officer PRINCIPAL: TRICOR Insurancc ll&n C.'uucrctc,luc. Gontractor � Company Name ��'� ,/' 600 Star Brewery Dr,Ste 1 10 By• '�� �` -`�'-• � Company Address Signatur�' � - .. � ���._ ' ~) 1)ubuyttc,IA 52001 '� ' �� � �` City,State,Zip Code Printed Name 563-556-5441 Company Telephone Number NOTE: 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the 5urety'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 =___ �W��T ��NCC] �rii� �i�v� iz i i�,i�c: ,/� � f�lUIFIf�1 It�)iIKA".�y � r�l•1{�ANY Bond NO. 2453724 POWER OF ATTORNEY Know all men by these Presents,That West Bend Mutual Insurance Company,a corporation having its principal office in the City of West Bend,Wisconsin does make,constitute and appoint: Nicole Hermsen lawful Attorney(s)-in-fact, to make, execute,seal and deliver for and on its behalf as surety and as its act and deed any and all bonds, undertakings and contracts of suretyship,provided that no bond or undertaking or contract of suretyship executed under this authority sMall exceed in amoUnt the sum of: Ten Million Dollars($10,000,000) This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution atlopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and held on the 215t day of December, 1999. Appointment ofAttorney-In-Fact. The president or any vice president,or any other officer of West Bend Mutual Insurance Company may appoint hy written certific.atellttorneys-In-Fact to act on behalf of the company in the execution of and attesting of bands and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal may be a�xed by facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any hvnd or undertaking or other writin,g obligatory in nature to which it is attached. Any such appointment may be revoked,for cause,or without cause,by any said o�cer at any time. In witness whereof,the West Bend Mutual Insurance Company has caused these presents to be signed by its president undersigned antl its corporate seai to be hereto duly attested by its secretary this 22ntl day of Se tember,2017. ,.:��1Pk fN3U� l/.� . Attest �r� �, ,h c.� o(-�`~---- (;hristopher C.Z�vygart ,w��pRP°�TF n Kevin A. Steiner $ec;retaty y���t�1�.;�� ChiefExecutive Officer/President 'ti �+4`IUX�'U• Y.. State of Wisconsin County of Washington On the 22nd day of September,2017, before me personally came Kevin A.Steiner,to me known being by duly sworn,did depose and say that he resides in the County of Washington, State of Wisconsin;that he is the President of West Bend Mutual Insurance Company, fhe corporation described in antl which executed the above instrument;that he knows the seal of the said corporation;that the seal affixed to said instrurnent is such corporate seai;that is was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. . � ' .;; `` �,•., �tyti.c X�?��'��u'(.���" , �'�:'• — � " ' � Juli A _ nedum ��,� '.. � Senior orporatc Attorney "'< < � ,�` Notary Public,Washington Co.,WI ���� My(;ommission is Permanent The undersigned,duly elscted t�the offiee stated below,now the incumbent in West Bend Mutual Insurance Company,a Wisconsin corporation authorized to make this certifieate, Do Hereby Certify that the foregoing attached Power of Attorney remains in full force effect and has not been revoked antl that the Resolution of the Board of Direcfors,set forth in the Power of Attorney is now in force. Signed and sealed at West Bend,Wisconsin this 12th ��y.u1�__ ��hruary , 202� , ,�`����I' �✓R� /� 1 i ; �,�,r� �r�tF�'�. Y J.. ,y c +- x. �ti;r1l, �, �, __. _ ;5'r. 1�� H.-ather Dunn o• � N`:ro'�` `` ?ri�e President—Chief Financial Officer Notice: Any questions conceming this Power�f A;turney may�be aiier,t�:�to the Qond Manager at NSI,a division of West Bend Mutuai Insurance Company. 1911(�ti. 18t6�:1��c. \l'est I3end,\E 1 ii09S � �h(7.C2):1'��I-C430 s 1•t;0(1-23(i-5U04 � fax(262) 338-5058 � www.thesih•erlinin�;.<•��m