Port of Dubuque Marina Dock System and Utilities Project_Bid Package #1Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Port of Dubuque Marina Project
Bid Package No. 1 - Transient Docks and Utilities
(C I Ps 1011861, 1021861, 3501861)
DATE: March 14, 2011
Dubuque
AI- America City
111111
2007
City Engineer Gus Psihoyos recommends City Council approval of the plans,
specifications, form of contract and the estimated cost of $2,874,652 for the Port of
Dubuque Marina Project, Bid Package No. 1 — Transient Docks and Utilities.
In 2005, the Abonmarche Group, a consulting firm specializing in marina development,
completed a comprehensive transient boating market feasibility study for the local tri-
state area.
Based on the findings of the market feasibility study, the City of Dubuque, in
cooperation with the Iowa Department of Natural Resources (Iowa DNR), in 2007 was
awarded an unprecedented $3,037,802 BIG (Boating Infrastructure Grant) Tier II grant
from the U.S. Fish and Wildlife Service (U.S. FWS) to develop a transient boating facility
at the Port of Dubuque.
On November 16th, 2009, the City Council concurred with the staff recommendation to
proceed forward with the Ice Harbor as the most economically viable, preferred
alternate location for the marina project.
The new and expanded Port of Dubuque Marina facility will be located along the
northerly shoreline of the Ice Harbor, adjacent to the new National Rivers Center and
the Museum's future outdoor Mississippi Plaza.
The existing 25 floating courtesy docks, which are currently located adjacent to Ice
Harbor Park, will be incorporated into the new marina. The expanded marina facility will
add an additional 45 slips, for a net total of 70 transient slips, consisting of 46 — 30 -foot
slips, 20 — 40 -foot slips, 4 — 50 -foot slips, and will include water and electrical
connections; a fuel dock and sanitary pump -out facilities. The marina facility will have
two (2) shore entry/exit locations and each will have an 80 -foot, ADA- compliant access
gangway.
In order to meet the elevated expectations that recreational boaters demand in today's
market, the Port of Dubuque Marina project will also include the construction of a new
amenities service building. The amenities building will be approximately 2,500 S.F. and
will be located abutting the southeast corner of the National Rivers Center. The
amenities building will provide services and accommodations such as marina
management facilities; dockside restrooms; shower suites; a laundry facility; and a ship
store.
In an effort to incorporate sustainable design and construction initiatives into the project,
the floating docking system will include the installation of solar - powered lighting located
throughout the main walkway isles and recycled composite decking materials versus the
conventional pressure treated wood decking. The amenities building will also include
the use of construction material recycling practices; energy star rated mechanical and
electric equipment and the use of thermal efficient glass to allow natural Tight into the
store and office spaces.
The Port of Dubuque Marina project will be split into two (2) bid packages. Bid Package
No. 1 - Transient Docks and Utilities will include dock fabrication, assembly and
installation, fuel system installation, and the installation of water, sewer, electric, and
communication services. Bid Package No. 2 - Amenities Building will include the
conventional vertical building construction elements, including furnishings, fixtures and
equipment. The total estimated project cost is $4,126,752.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
chael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Port of Dubuque Marina Project
Bid Package No. 1 - Transient Docks and Utilities
(CIPs 1011861, 1021861, 3501861)
DATE: March 14, 2011
INTRODUCTION
BACKGROUND
Dubuque
lattri
All- America City
2007
The enclosed resolution is in reference to the public hearing on the Port of Dubuque
Marina Project, Bid Package No. 1 - Transient Docks and Utilities.
In 2005, the Abonmarche Group, a consulting firm specializing in marina development,
completed a comprehensive transient boating market feasibility study for the local tri-
state area. The study's purpose was:
• To determine if a market exists for improved transient marina facilities.
• To validate local assumptions and determine if the expenditure of financial
resources will attract transient boaters.
The market feasibility study indicated a strong demand for slips for transient boaters
that cannot be met by the area's existing private marinas. This statistical study indicates
a theoretical potential demand for 800 slips in the primary and secondary Dubuque
market area. This, coupled with the full occupancy and waiting list at some marinas,
leads to the conclusion regarding an actual demand for approximately 200 transient
slips for the primary market area for Dubuque. The feasibility study found sufficient
market demand and validates local expectations about the market for improved
facilities.
Based on the credible findings of the market feasibility study, the City of Dubuque, in
cooperation with the Iowa Department of Natural Resources (Iowa DNR), in 2007 was
awarded an unprecedented $3,037,802 BIG (Boating Infrastructure Grant) Tier II grant
from the U.S. Fish and Wildlife Service (U.S. FWS) to develop a transient boating facility
at the Port of Dubuque.
Initially, the planned site for the marina facility was to be located on the main channel of
the Mississippi River, immediately downstream of the railroad train bridge. However,
due to the river site challenges, the significantly over budget cost projections, and the
inability to incorporate and provide the required amenities as stated in the City's BIG
Tier II grant proposal, the original main channel location was determined no longer a
viable option. City staff recommended proceeding forward with the Ice Harbor as the
preferred alternate location for the marina project. On November 16th, 2009, the City
Council concurred with the staff recommendation to proceed forward with the Ice Harbor
as the most economically viable, preferred alternate location for the marina project.
Staff has worked actively with property owners and stakeholders within the harbor to
discuss the plans for an expanded transient marina. Stakeholder participants included
Newt Marine, U.S. Coast Guard, Dubuque River Rides and National Mississippi River
Museum and Aquarium. A set of design and layout parameters were discussed based
upon navigational and operational considerations. Numerous conceptual layouts were
analyzed and presented to the Ice Harbor stakeholders for input. After a lengthy review
process, the City has reached consensus approval on the final transient dock design
layout of which a copy is included for reference.
DISCUSSION
The new and expanded Port of Dubuque Marina facility will be located along the
northerly shoreline of the Ice Harbor, adjacent to the new National Rivers Center and
the Museum's future outdoor Mississippi Plaza.
The existing 25 floating courtesy docks, which are currently located adjacent to Ice
Harbor Park, will be incorporated into the new marina. The expanded marina facility will
add an additional 45 slips, for a net total of 70 transient slips, consisting of 46 — 30 -foot
slips, 20 — 40 -foot slips, 4 — 50 -foot slips, and will include water and electrical
connections; a fuel dock and sanitary pump -out facilities. The marina facility will have
two (2) shore entry/exit locations and each will have an 80 -foot, ADA- compliant access
gangway. Attached is a conceptual graphical rendering of the expanded 70 -slip marina
facility.
In order to meet the elevated expectations that recreational boaters demand in today's
market, the Port of Dubuque Marina project will also include the construction of a new
amenities service building. The amenities building will be approximately 2,500 S.F. and
will be located abutting the southeast corner of the National Rivers Center. The
amenities building will provide services and accommodations such as marina
management facilities; dockside restrooms; shower suites; a laundry facility; and a ship
store. Attached is a conceptual graphical rendering of the amenities building.
In an effort to incorporate sustainable design and construction initiatives into the project,
the floating docking system will include the installation of solar - powered lighting located
throughout the main walkway isles and recycled composite decking materials versus the
conventional pressure treated wood decking. The amenities building will also include
the use of construction material recycling practices; energy star rated mechanical and
electric equipment and the use of thermal efficient glass to allow natural light into the
store and office spaces.
BID PACKAGES
The Port of Dubuque Marina project will be split into two (2) bid packages. Bid Package
No. 1 - Transient Docks and Utilities will include dock fabrication, assembly and
installation, fuel system installation, and the installation of water, sewer, electric, and
communication services. Bid Package No. 2 - Amenities Building will include the
conventional vertical building construction elements, including furnishings, fixtures and
equipment.
PROJECT SCHEDULE
The project development schedule for the Port of Dubuque Marina Bid Package No. 1 -
Transient Docks and Utilities is as follows:
Bid Package No. 1 - Transient Docks and Utilities
Initiate Public Bidding Process
Publish Notice to Bidders, Advertise for Bids
Publish Public Hearing Notice on Plans & Specs
Public Hearing on Plans & Specifications
Pre -Bid Construction Conference
Receipt of Bid Proposals (Bid Letting)
Award Construction Contract
Project Completion Date
The project development schedule for the Port of Dubuque Marina Bid Package No.
Amenities Building is as follows:
Bid Package No. 2 - Amenities Building
Initiate Public Bidding Process
Publish Notice to Bidders, Advertise for Bids
Publish Public Hearing Notice on Plans & Specs
Public Hearing on Plans & Specifications
Pre -Bid Construction Conference
Receipt of Bid Proposals (Bid Letting)
Award Construction Contract
Project Completion Date
MARINA MANAGEMENT
March 7, 2011
March 10, 2011
March 10, 2011
March 21, 2011
March 28, 2011
April 7, 2011
April 18, 2011
August 1, 2011
April 18, 2011
April 21, 2011
April 21, 2011
May 2, 2011
May 4, 2011
May 24, 2011
June 6, 2011
November 30, 2011
2-
Now that the marina facility plans are sufficiently developed with Bid Package No. 1 -
Transient Docks and Utilities complete and Bid Package No. 2 - Amenities Building is
nearly completed, the City can now begin the process of developing and preparing a
Marina Facilities Management RFP for the solicitation of prospective operators to
manage the marina facility. The City will also reserve the right to develop and submit a
Facilities Management proposal to manage and operate the marina facility through the
Leisure Services Department.
The selected qualified operator shall provide facilities management services to assist
the City in establishing policies, standards, and procedures for the efficient operation of
the marina facility. The facilities management services to be furnished include, but shall
not be limited to, assisting City in carrying out the functions of marina planning,
marketing, real estate management, equipment and building utilization and
maintenance, security, scheduling, fees, service standards, purchasing, accounting,
budgeting, safety, insurance and claims, employee selection and training per City
guidelines, public relations, equipment selection, and all other normal managerial
functions reasonably required in the day -to -day operation of a full service transient
marina facility.
It is anticipated that the solicitation for Marina Facilities Management proposals will be
in May 2011.
RECOMMENDATION
I recommend that the City Council approve the plans, specifications, form of contract
and the estimated cost for the Port of Dubuque Marina Project, Bid Package No. 1 -
Transient Docks and Utilities.
BUDGET IMPACT
The estimate of probable cost for the Port of Dubuque Marina Bid Package No. 1 -
Transient Docks is summarized as follows:
Estimate
Bid Package No. 1 - Transient Docks and Utilities $ 2,500,265
Contingency 187,087
Consultant Services - Engineering Design 155,700
Construction Administration & Inspection 31,600
Bid Package No. 1 - Total Project Cost $ 2,874,652
The total combined estimate of probable cost for both the Bid Package No. 1 - Transient
Docks & Utilities and Bid Package No. 2 - Amenities Building is summarized as follows:
Estimate
Bid Package No. 1 - Transient Docks and Utilities $ 2,500,265
Bid Package No. 2 - Amenities Building 968,000
Contingency 283,887
Consultant Services - Engineering Design 311,400
Construction Administration & Inspection 63,200
Total Project Cost $ 4,126,752
The project funding summary is as follows:
CIP No. Fund Description
3501861 Boating Infrastructure (Tier II) Grant
3501861 Transient Boat Docks
Total Project Funding
Prepared by Robert Schiesl, Assistant City Engineer
cc: Jenny Larson, Budget Director
Marie Ware, Leisure Services Manager
Laura Carstens, Planning Services Manager
Martin Konrad, Iowa DNR
Brett Oftedahl, JJR
Fund Amount
$ 3,037,802
1,088,950
$ 4,126,752
The maximum budget for the project is $4,126,752 including preliminary and final
design, environmental review and construction. The current budget includes an 8%
contingency ($283,887) to cover unexpected conditions or changes during construction.
Both Bid Package No. 1 - Transient Docks & Utilities and Bid Package No. 2 - Amenities
Building will include several alternate bid items to allow for flexibility when reviewing bid
proposals to ensure that the project remains within budget.
ACTION TO BE TAKEN
The City Council is requested to approve the plans, specifications, form of contract and
the estimated cost for the Port of Dubuque Marina Project, Bid Package No. 1 -
Transient Docks and Utilities.
RESOLUTION NO. 104 -11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE PORT OF DUBUQUE MARINA PROJECT, BID
PACKAGE 1 — TRANSIENT DOCKS AND UTILITIES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for
the Port of Dubuque Marina Project, Bid Package 1 — Transient Docks and Utilities, in
the estimated amount $2,874,652.00, are hereby approved.
Attest:
Passed, adopted and approved this 21st day of March 011.
anne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
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SHOWER
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CITY OF DUBUQUE, IOWA
PUBLIC IMPROVEMENT CONTRACT
PORT OF DUBUQUE MARINA PROJECT
BID PACKAGE NO. 1 — TRANSIENT DOCKS AND UTILITIES
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the STh' day of AM/L.- , 2011, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager
by its City Council (City) and Dubuque Barge & Fleeting Service Co. dba Newt Marine
Service of the City of Dubuque, Iowa.
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 Port
of Dubuque Marina Project, Bid Package No. I - Transient Docks and Utilities (the
Project).
The Project shall be made to the established grade and to the grades as shown on
the profiles and cross sections on file in the City Engineer's office for this Project; in
strict accordance with the requirements of the laws of the State of Iowa and
ordinances of the City of Dubuque relating to public works, and in accordance with
the Contract Document shall of which provisions and documents are each and all
hereby referred to and made a part of `this Contract just as much as if the detail
statements thereof were repeated herein.
2. Contract Documents shall mean and include the following: All ordinances and
resolutions heretofore adopted by the City Council having to do with the Project; the
Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and
General Requirements as adopted by the City Council for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several
kinds and shall be put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as
defective or improper, or any of said work condemned as unsuitable or defective,
and the same shall be replaced or done anew to the satisfaction of the City Manager
at the cost and expense of the Contractor.
5. Five percent (5 %) of the Contract price shall 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 that may be filed within said time 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 time, as provided in Iowa
Code Chapter 573. The City shall 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 shall be held by the City until
such claims have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the specifications including General
Requirements and has examined and understands the plans herein referred to and
agrees not to plead misunderstanding or deception because of estimates of quantity,
character, location or other conditions surrounding the same.
7. In addition to the guarantee provided for in the specifications, the Contractor shall
also make good any other defect in any part of the Project due to improper
construction notwithstanding the fact that said Project may have been accepted and
fully paid for by the City, and the Contractor's bond shall be security therefore.
8. The Contractor shall fully complete the Project under this Contract on or before
August 1, 2011.
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the City from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from
performance of the 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 (other than the Project itself) including loss of use resulting there from, but
only to the extent caused in whole or in part by negligent acts or omissions of the
Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed
by the Contractor or the Contractor's subcontractor or anyone for whose acts the
Contractor or the Contractor's subcontractor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the
City Council, the City agrees to pay the Contractor as full compensation for the
complete performance of this Contract, the amount determined for the total number of
units completed at the unit prices stated in the Contractor's Proposal and less any
liquidated damages provided for in the Contract Documents. The number of units
stated in the plans and specifications is approximate only and the final payment shall be
made by the work covered by the Contract.
CONTRACT AMOUNT $1,737,732.15
CITY OF DUBUQUE, IOWA
FURTHER CONDITIONS
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 agreement
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 agreement or arrangement with any other person, firm, corporation or association
which tends to or does lessen or destroy free competition in the letting 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 be less than the amount specified as liquidated damages to the City.
The surety on the bond furnished for this Contract, shall 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.
The Contractor agrees, and its bond shall be surety therefore, that it will keep and
maintain the Project in good repair for a period of five (5) year(s) after acceptance of the same
by the City Council and its bond shall be security therefore.
The City of Dubuque and the Contractor agree to comply with 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
shall 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).
The City of Dubuque and the Contractor agree that Davis -Bacon Federal prevailing
predetermined wage rates and related labor requirements and regulations will not apply to
work under the contract.
The City of Dubuque and the Contractor agree that 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).
PRINCIPAL:
By / 1 _ NEWT M,2iAJ
City Manager Contractor
i!I
By:
gn•ore
Vf c5 PRES/ En)
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified copy of the above Contract has been filed in my
office on the / O day of , 2011.
I, Acting ity Clerk
Bond No. IAC102318
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Dubuque Barge & Fleeting Service
Co. dba Newt Marine Service as Principal (Contractor) and
Merchants Bonding Company (Mutual) as Surety are held firmly bound unto the City of
Dubuque, Iowa (City), in the penal sum of $1,737,732.15 the same being 100% of the total
price of the Contract for the Project herein referred to, lawful money of the United States of
America, well and truly to be paid to said City of Dubuque, and to all other parties who, under
the provisions of the laws of Iowa, are intended to be protected and secured hereby for which
payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally
by these presents.
Dated at Dubuque, Iowa, this 25th day of April , 2011, and duly
attested and sealed.
WHEREAS, the said Contractor by a Contract dated April 25 , 2011,
incorporated herein by reference, has agreed with said City of Dubuque to perform all labor
and furnish all materials required to be performed and furnished for the Port of Dubuque
Marina Project, Bid Package No. I - Transient Docks and Utilities (the Project) according to the
Contract and Construction Documents prepared therefore.
It is expressly understood and agreed by the Contractor and Surety bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
1. PERFORMANCE BOND: 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 City from all outlay and expense incurred by the City 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 BOND: The Contractor and the Surety shall 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
which the City 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, Code of Iowa, which by this reference is made a
part hereof as though fully set out herein.
3. MAINTENANCE BOND: The Contractor and the Surety 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 within the period of five (5) year(s) from the date of
acceptance of the work under the Contract by the City Council of the City of
Dubuque, Iowa, by reason of defects in workmanship or materials used in
construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the City the reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the City 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 agreement herein made extends to defects in workmanship or
materials not discovered or known to the City at the time such work was accepted.
NOW, THEREFORE, the condition of this obligation is such that if the said Contractor
shall perform all of the work contemplated by the Contract in a workmanlike manner and in
strict compliance with the plans and specifications, and will pay all claims for labor and
materials used in connection with said Project, to indemnify the said City for all damages, costs
and expense incurred by reason of damages to persons or property arising through the
performance of said Contract, and will reimburse the City for any outlay . of money which it may
be required to make in order to complete said Contract according to the Construction
Documents and will maintain in good repair said Project for the period specified in the Contract
where this bond is obligated for maintenance, and will faithfully comply with all of the
provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void,
otherwise it shall remain in full force and effect.
All the conditions of this bond must be fully complied with before the Contractor or the
Surety will be released.
The Contract, Contractor's Proposal, and Construction Documents shall be considered
as a part of this Bond just as if their terms were repeated herein.
Dated at Dubuque, Iowa this 25th day of April , 2011.
CITY OF DUBUQUE, IOWA
By:
City Manager
PRINCIPAL:
Dubuque Barge & Fleeting Service Co.
D /B /A Newt Marine Service
By:
SURETY:
By:
Contractor
�na ure
VP
Title
Merchants Bonding Company (Mutual)
Surety Company
Daniel P. Curran, Attorney -In -Fact
Title
Des Moines, IA 50321 -1158
City, State, Zip Code
(800) 678 -8171
Telephone
Attorney In -Fact
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Daniel P. Curran, Mark J. Schwab, Robert D.S. Karll,
Deanna L. Schwab, Thomas R. Schwab
of Davenport and State of Iowa its true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
FOUR MILLION FIVE HUNDRED THOUSAND ($4,500,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary 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.
ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
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 Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, thisl5th day ofSeptember, 2009.
STATE OF IOWA
COUNTY OF POLK ss.
STATE OF IOWA
COUNTY OF POLK ss.
POA 0001 (1/09)
MERCHAN
BONDING COMPANY
POWER OF ATTORNEY
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�+� CINDY SMYTH
• Commission Number 173504
uw My Commission Expires
March 16, 2012
MERCHANTS BONDING COMPANY (MUTUAL)
By
On this 15th day of September, 2009 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
6 4,
President
Secretary
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
1
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this utklay of �11 20