Signed Contract_Tschiggfrie Excavating CoCity of Dubuque
City Council Meeting
Consent Items # 14.
Copyrighted
July 6, 2021
ITEM TITLE: Signed Contract(s)
SUMMARY: Boys and Girls Club Facility Use Agreement; Drew Cook & Sons
Excavating Co. I nc. for the Dillon Street Drain Tile Project 2021;
Agreement with Nicholas J. Edwards, MD to act as the Medical Director
for the City's Fire Department Emergency Medical Services Division;
Tschiggfrie Excavating Co. for the 2021 Asphalt Overlay Ramp Project
Four;
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Boys and Girls Club Facility Use Agreement Supporting Documentation
Dillon Street Drain Tile Project 2021 Supporting Documentation
Agreement with Nicholas J. Edwards, MD Supporting Documentation
Medical Director Contract Memo Staff Memo
2021 Asphalt Overlay Ramp Project Four Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
2021 ASPHALT OVERLAY RAMP PROJECT FOUR
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
the 9th i day a June 2`021 be{jnren the; City of Dubuque, Iowa, by its Cit _,Manager,
purposes 9,
+- sue.... ... .
through authority conferred upon the City Manager by its City Council (City), and scfiggfie
Exeav�iing Cod (Contractor).
For and in consideration of the mutual covenants herein contained, the parties heretoagree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the 2021 Asphalt
Overlay Ramp Project Four.
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 Iowa 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 Four
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 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 performance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter26.
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 orderto 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 Iowa 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 Iowa, 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
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 NOI PERFORMING WORK FOR THE CITY OF DUBUQUE
Ai 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 Iowa v. The City of Dubuque, Iowa, 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 Iowa. 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://www.cityofdubuque.org/DocumentCenter/HomeN!ew/3173. 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
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 IDNIR.
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:
have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, 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 Iowa.
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:
NIA
bntractor
By: za el_
Signature
Ben Kramer
Printed Name
General Superintendent
Title
06/10/2021
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 $ LIL
CITY OF DUBUQUE, IOWA:
City Manager's Office
epariment
By:
Signa re
Michael C. Van Milligen
Printed Name
City Manager
Title
.June 21 �9(19 1
Date
CONTRACTOR:
Tschiggfrie Excavating Co.
ontractor
By: " �-�-
Sig ature
Ben Kramer
Printed Name
General.%Superintendent
Title
06/10/2021
Date
==== END OF SECTION 00500 ====
CONSTRUCTION SCHED LE 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
October 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 pari: 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 Cit:y'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.
SECTION 00800
Page 2 of 2
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
Dated: 06/10/2021
City: The City of Dubuque — Engineering Department
Address: 50 West 13th Street
Dubuque, Iowa 52001
Project: 2021 asphalt Overlay Ramp Project 4
Contract No.
Description: Replacement of thirty-three (33) access ramps and seven (7) single storm intake
replacements at 8 intersections in conjunction with the Public Works Asphalt Overlay program at
the following locations: Jackson street at 12th, 14th, 15th, 1 Gth, 18th, -I gth, 20th and 215t streets.
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 Iowa 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 1, and my company, are legally required under the Clean Water Act and the Code of
Iowa, 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, orjudgments 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: Tschiggfrie Excavating
r3y:
(Authorized Signature) . , Tschiggfrie
Vice -President
(i"itle)
Bond No. NIA3293
SECTION 00600
Page 1 of 4
PERFORMANCE PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we,Tschiggfrie Excavating Co. , as
Principal (hereinafter the "Contractor" or "Principal") and Merchants National Bonding, Inc.
, as Surety are held and firmly bound unto the
City of Dubuque, Iowa, 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 fifty-nine thousand, four hundred fifty-two dollars and ten cents ($159,452.10), 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 9th day of June 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. The Contract Documents for the
2021 Asphalt Overlay Damp Project Four detail the following described improvements:
Replacement of thirty-three (33) access ramps at 8 intersections and seven (7) single
storm intake replacements in conjunction with the Public Works Asphalt Overlay program at
the following locations:
1. Jackson Street at E 12th Street, two radiusramps.
2. Jackson Street at E 14th Street, four radiusramps.
3. Jackson Street at E 15th Street, three radius ramps and two storm intakes.
4. Jackson Street at E 16th Street, three double ramps.
5. Jackson Street at E 18th Street, four radius ramps and two storm intakes.
6. Jackson Street at E 19th Street, four radius ramps and two storm intakes.
7. Jackson Street at E 20th Street, one single and three radius ramps.
8. Jackson Street at E 21 st Street, two single, two double ramps and one storm intake.
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 par(: of said Contract and Contract
Documents, by reference made a part hereof, for- the project, and shall indemnify and save
SECTION 00600
Page 2 of 4
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, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this Bond is
given, including but not limited to claims for all amounts due for labor, materials, lubricants,
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this
reference is made a part hereof as though fully set outherein.
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 toassure 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 riot, in the
SECTION 00600
Page 3 of 4
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 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
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 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 Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
SECTION 00600
Page 4 of 4
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in
full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as
defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond,
Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable
provisions of the Iowa Code; third, if not defined in the Iowa 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. 3001227-4
Witness our hands, in triplicate, this 9th
SURETY COUNTERSIGNED BY:
Not required
Signature of Agent
Name of Agent
Company Address
City, State, Zip Code
Company Telephone Number
Tschiggfrie Excavating Co.
Contractor �/--
r...
By: -
Sign e--..
Printed Name
C '
day of .tune
2021.
Title
FORM APPROVED BY:
Rep sentative for owner'
SURETY:
Merchantsational Bonding,,!pc.,
Surety Com any
By:
;"IV_1_N_
Signature Attorney-ln-Fal6r0ffif
Dione R. Young, Attorney -in -Fact & Iowa Resident Agent
Printed Name of Attorney -in -Fact Officer
Holmes, Murphy and Associates, 1-1-C
Company Name
2727 Grand Prairie Parkway
Company Address
Waukee, IA 50263
City, State, Zip Code
(515)223-6800
Company Telephone Number
NOTE:
SECTION 00600
Page 5 of 4
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, embossingseal.
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.
___= EN® OF SECTION 00600 =__=
MERCHANTS
BONDING COMPANY,.
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 Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Dione R Young
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity
of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings.required or permitted in any
actions or proceedings allowed by law.
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board
of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors
of Merchants National 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 officer and 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 consenting 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 have caused this instrument to be signed and sealed this 5th day of March 2020
.......... ••.....••
A,
V QK -.11 •�O': ��•'OPP09 . MERCHANTS BONDING COMPANY (MUTUAL)
- h G �''• Z' , C� Ai� yt: MERCHANT NATIONAL BONDING, INC.
2003 1933 �; By /
Aj.
. . . . . . .�••.... a, .bey,• ;a;
•.,�/ .9••.` ., \•, President
STATE OF IOWA •�'"••'""�'' • • •' •' • •
COUNTY OF DALLAS ss.
On this 5th day of March 2020 , 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 Director .
,�p•RtA� �+ POLLY MASON
o Commission Number 750576 wq&A
My Commission Expires
+ / P January 07, 2023
Notary Public
(Expiration of notary's commission
does not invalidate this instrument)
I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby
certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full
force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 9th day of June 2021
��.••�g10N4� °•.,• • ��NG Cps•.
02
�? 2003 : y 1933 ; c; Secretary
,��.,• ; ����; : vb. .;ate:'
POA 0018 (1/20)