Central Avenue HMA Resurfacing_21st to 32nd Streets ProjectMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Central Avenue HMA Resurfacing Project, from 21st to 32nd Street
Iowa DOT Project No. STPN- 052 - 2(106)- -2J -31
CIP 3002248
DATE: March 29, 2011
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
G=
Mic ael C. Van Milligen
Dubuque
krail
All-America City
1
2007
Sealed bids were received for the Central Avenue HMA Resurfacing Project, from 21
to 32 Street. City Engineer Gus Psihoyos recommends award of the contract to the
low bidder, River City Paving, in the amount of $1,361,772.11, which is 1.31% under the
estimate of probable cost.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Central Avenue HMA Resurfacing Project, from 21 to 32 Street
Iowa DOT Project No. STPN- 052 - 2(106)- -2J -31
CIP 3002248
Dubuque
hittl
AA- AmerlcaCity
1 ,
2007
DATE: March 30, 2011
INTRODUCTION
The enclosed resolution authorizes the award of the construction contract for the Central
Avenue HMA Resurfacing Project, from 21 to 32 Street.
DISCUSSION
The Central Avenue HMA Resurfacing Project, from 21 to 32 Street, is a joint partnership
project between the City and the Iowa Department of Transportation (Iowa DOT). The
pavement rehabilitation project on Central Avenue will provide for the following improvements:
- Pavement milling on U.S. 52 (Central Avenue) between 21 and 32 Street.
- Pavement sub -base repair and patching as needed.
- Hot mix asphalt (HMA) resurfacing of both thru lanes and parking areas.
- Spot curb, driveway, and sidewalk replacement.
- Storm sewer intake reconstruction.
- Installation of pedestrian access curb ramps.
Through the cooperative agreement, the Iowa DOT will be responsible for the eligible
construction costs associated with pavement rehabilitation for the center 24 feet (12 feet in
each direction from roadway centerline) and the costs associated with the pedestrian access
curb ramps for pedestrian crossings along U.S. 52 (Central Avenue). The City will be
responsible for the costs associated with pavement rehabilitation of the parking lanes and the
costs for curb and sidewalk replacement, underground utility work, pedestrian access curb
ramps for pedestrian crossing along the side streets and landscape restoration. All other
associated costs, such as engineering design, contract administration, construction
engineering and inspection, will be funded solely with City funding.
BID RESULTS
Sealed bids were received on the project on March 29, 2011. River City Paving of Dubuque,
Iowa submitted the low bid in the amount of $1,361,772.11. This amount is 1.31% under the
estimate of probable cost. A summary of the bid proposals received is as follows:
RECOMMENDATION
BUDGET IMPACT
Contractor Name Bid
River City Paving
Tschiggfrie Excavating
I recommend that the contract be awarded to River City Paving in the amount of
$1,361,772.11.
The summary of project costs for the Central Avenue HMA Resurfacing Project, from 21 to
32 Street, is as follows:
Bid Award
Construction Contract $1,379,818.95 $1,361,772.11
Contingency 137,981.90 137,981.90
Design, Construction Engineering & Inspection 137,981.90 137,981.90
Total Project Cost $1,655,782.75 $1,637,735.91
The total available project funding is summarized as follows:
CIP No. Fund Description Available
3002248 Iowa DOT Funding
3002248 Central Avenue Pavement Rehabilitation
Total Available Project Funding
ACTION TO BE TAKEN
I recommend that the City Council adopt the attached resolution awarding the Central
Avenue HMA Resurfacing Project, from 21 to 32 Street, to River City Paving in the
amount of $1,361,772.11.
Prepared by Robert Schiesl, Assistant City Engineer
cc: Jenny Larson, Budget Director
Jon Dienst, PE
Greg Doeden, Civil Engineer
$1,361,772.11
$1,437,611.78
Fund Amount
$ 913,000.00
743,055.00
$ 1,656,055.00
RESOLUTION NO. 112 -11
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE CENTRAL AVENUE
HMA RESURFACING PROJECT, FROM 21 TO 32 STREET (IOWA DOT
PROJECT NO. STPN- 052 - 2(106)-- 2J -31)
Whereas, sealed proposals have been submitted by contractors for the Central
Avenue HMA Resurfacing Project, from 21 to 32 Street (Iowa DOT Project No.
STPN- 052 - 2(106)-- 2J -31) (the Project) pursuant to Resolution No. 83 -11 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 10
day of March, 2011.
Whereas, said sealed proposals were opened and read on the 29 day of March,
2011 and it has been determined that River City Paving of Dubuque, Iowa, with a bid in
the amount of $1,361,772.11, is the lowest responsive, responsible bidder for. the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to River
City Paving and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Attest:
Passed, approved and adopted this 4th day of April
an
nne F. Schneider, CMC, City Clerk
, 2011.
Roy D. Buol, Mayor
PROJECT: Central Avenue HMA Resurfacing With Milling
From 21st Street to 32nd Street
City of Dubuque - Engineering Division
Bid Tab
BID ITEM DESCRIPTION
UNIT
0010 2101-0850002 - Clearing and Grubbing
0020 2105 - 8425005 - Topsoil, Furnish & Spread
0030 2210-0475115 - Graded Stone Base
0040 2212 - 0475095 - Cleaning and Preparation of Base
0050 2212 - 5070310 - Patch, Full -Depth Repair
0060 2212- 5075001 - Hot Mix Asphalt Surface Patches
0070 2213 - 2713300 - Excavation, Class 13, For Widening
0080 2213-6745500 - Removal of Curb
0090 2214 - 5145150 - Pavement Scarification
0100 2303 - 0000100 - HMA Commercial Mix ( Includes Asphalt Binder), As Per Plan
0110 2303 - 0001000 - Hot Mix Asphalt Mixture, Wedge, Leveling or Strengthening Course
0120 2303 - 0041500 - HMA (3,000,000 ESAL), Base Course, 1/2 - IN. Mix
0130 2303 -0043500 - HMA (3,000,000 ESAL), Surface Course, 1/2 - IN. Mix, NO FRIC REQ
0140 2303 -0246428 - Asphalt Binder, PG 64 -28
0150 2303 -6911000 - HMA Pavement Samples
0160 2503 -0112015 - Storm SWR, G -Main, Trenched, PVC, 15 IN.
0170 2503 -0200036 - Remove Storm Sewer Pipe Less Than or Equal to 36 IN.
0180 2511 -6745900 - Removal of Sidewalk
0190 2511 - 7526004 - Sidewalk, PCC, 4-IN
0200 2511 - 7526006 - Sidewalk, PCC, 6-IN.
0210 2511- 7528100 - Detectable Warnings For Curb Ramps
0220 2512 - 1725256 - Curb Plus Gutter, PCC, 2.5'
0230 2515- 2475006 - Drives, PCC, 6-IN.
0240 2515 -6745600 - Removal of Paved Driveway
0250 2527 - 9263109 - Painted Pavement Marking, Waterbome or Solvent
0260 2527 - 9263137 - Painted Symbols and Legends, Waterborne or Solvent
0270 2528 - 8445110 - Traffic Control
0280 2528-8445113 - Flagger
0290 2533 - 4980005 - Mobilization
0300 2599 - 9999005 - Concrete Collar
0310 2599 - 9999020 - 3" Crushed Stone Base
0320 2599- 9999005 - Fixture Adjustment
0330 2599- 9999009 - Galvanized, 1 1/T-2" Outside Dia. Steel Railing
0340 2599-9999005 - Intake Protection
0350 2599- 9999009 - PCC Barrier Curb, 6" Wide
0360 2599 - 9999005 - Reconstruct Intake
0370 2599 - 9999014 - Reinforced Thicken PCC Sidewalk
0380 2599 - 9999009 - Sawcut, Full- Depth, Concrete & HMA/Concrete Composite Pavement
0390 2599 - 9999005 - Storm Water Curb Opening
0400 2601- 2639010 - Sodding
0410 2601- 2643110 - Watering for Sod, Special Ditch Control or Slope Protection
0420 2599 - 9999005 - Epoxy Coated Deformed Tie Bar, 5/8 -Inch, 24"
UNIT
CY
TON
MILE
SY
TON
CY
STA
SY
TON
TON
TON
TON
TON
LS
LF
LF
SY
SY
SY
SF
LF
SY
SY
STA
EACH
LS
EACH
LS
EACH
TON
EACH
LF
EACH
LF
EACH
SF
LF
EACH
SQ
MGAL
EACH
ESTIMATE
QUANTITY
124 5
17.6
480
1.22
7,088
150
130 0
17.70
30,351
50 0
1,760
2,640
2,640
422.4
1
130.0
130 0
1,282.45
963.0
319.46
448 0
1,770.0
101 7
101.7
60 00
9
1
64
1
6
100
100
25
32
300
1
75
18,800
2
1436
7 59
7,500
Bid Sub -Total
Contingency (10 %)
Construction Engineering & Inspection (16 5 %)
Total Construction Estimate:
BID DATE: March 29, 2011
ESTIMATE
UNIT COST
$ 20 00
$ 48.70
$ 11 85
$ 17,415 00
$ 50 45
$ 21000
$ 14.40
$ 318.27
$ 3.81
$ 206 00
$ 39 20
$ 39.20
$ 45.00
$ 580.00
$ 3,636 00
$ 50 00
$ 15.00
$ 7.15
$ 30 20
$ 43.35
$ 22.05
$ 18 20
$ 38.80
$ 7.50
$ 154 50
$ 83.07
$ 32,100 00
$ 250.00
$ 39,996.98
$ 260 00
$ 11 00
$ 22660
$ 85.00
$ 128.75
$ 25.00
$ 1,340.00
$ 25.00
$ 120
$ 257 50
$ 60 25
$ 54.10
$ 2.00
ESTIMATE
COST
$ 2,490.00
$ 857.12
$ 5,688 00
$ 21,246.30
$ 357,589 60
$ 31,500.00
$ 1,872.00
$ 5,633.38
$ 115,637.31
$ 10,300 00
$ 68,992.00
$ 103,488.00
$ 118,80000
$ 244,992 00
$ 3,63600
$ 6,500.00
$ 1,950.00
$ 9,169 52
$ 29,082,60
$ 13,848 59
$ 9,878.40
$ 32,214.00
$ 3,945.96
$ 762 75
$ 9,270 00
$ 747.63
$ 32,100 00
$ 16,000 00
$ 39,996.98
$ 1,560.00
$ 1,100.00
$ 22,660.00
$ 2,125.00
$ 4,120.00
$ 7,500.00
$ 1,34000
$ 1,87500
$ 22,560 00
$ 51500
$ 865 19
$ 410 62
$ 15,000 00
$ 1,379,818.95
$137,981 89
$137,981.89
$ 1,655,782.74
BIDDER: River City Paving BIDDER: Tschiggfrie Excavating
UNIT COST
$32 00
$50.00
$14.00
$850.00
$51.75
$350 00
$15 00
$690.00
$3.56
$89 00
$36 78
$38 40
$3866
$552.00
$2,500.00
$39 00
$13.10
$6 30
$27.00
$31.50
$20 00
$12 00
$29.25
$16.00
$50.00
$8500
$33,482.00
$300.00
$20,072.50
$306 CO
$17.00
$375.00
$100.00
$60.00
$15.00
$2,460 00
$600
$3.20
$100 00
$7000
$50 00
$3 00
Bid Sub - Total
% Under/Over
TOTAL COST
$3,984.00
$880 00
$6,720 00
$1,037 00
$366,804.00
$52,500.00
$1,950.00
$12,213.00
$108,049 56
$4,450.00
$64,732.80
$101,376.00
$102,062.40
$233,164.80
$2,500.00
$5,070.00
$1,703.00
$8,079 44
$26,001.00
$10,062.99
$8,960.00
$21,240.00
$2,974.73
$1,627.20
$3,000.00
$765 00
$33,482.00
$19,200.00
$20,072 50
$1,836.00
$1,700.00
$37,500 00
$2,500 00
$1,920.00
$4,500.00
$2,460 00
$450.00
$60,160.00
$200 00
$1,005.20
$379.50
$22,500.00
$1,361,772.11
$ 1,361,772.11
-1.31%
UNIT COST
$34 05
$113.25
$18 95
$11,850 00
$50 05
$367.50
$35 70
$382.35
$2 30
$93.45
$38.60
$40 30
$40 60
$579.60
$2,500.00
$39.10
$8 45
$5.20
$31 75
$52 90
$17.95
$20.95
$60.35
$16.55
$55 00
$93.50
$37,206.70
$300.00
$37,035.95
$309.10
$35 35
$388.50
$172.20
$66.00
$21.60
$1,822 55
$20 50
$3.60
$167 25
$77.00
$49.90
$5.65
Bid Sub - Total
% Under/Over
TOTAL COST
$4,239.23
$1,993.20
$9,096.00
$14,457.00
$354,754.40
$55,125.00
$4,641.00
$6,767.60
$69,807 30
$4,672.50
$67,936 00
$106,392.00
$107,184.00
$244,823.04
$2,500 00
$5,083.00
$1,098.50
$6,668.74
$30,575.25
$16,899.43
$8,041.60
$37,081.50
$6,137.60
$1,683 14
$3,300.00
$841.50
$37,206.70
$19,200.00
$37,035.95
$1,854.60
$3,535.00
$38,850.00
$4,305 00
$2,112.00
$6,480.00
$1,822.55
$1,537.50
$67,680.00
$334 50
$1,105 72
$378 74
$42,375 00
$1,437,611.78
$ 1,437,611.78
4.19%
CONTRACTOR AGREES:
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
CENTRAL AVENUE HMA RESURFACING
WITH MILLING PROJECT (21 32 STREET)
THIS IMPROVEME T ONTRACT (t Contract), made in triplicate, dated for
reference purposes the C Z day of , 2011, between the City of
Dubuque, Iowa, by its City Manager, through uthority conferred upon the City Manager
by its City Council (City) and River City Paving, A Division of Mathy Construction, of the
City of Dubuque, Iowa.
For and in consideration of the mutual covenants herein contained, the parties
hereto agree as follows:
1. To furnish all material and equipment and to perform all labor necessary for the
Central Avenue HMA Resurfacing With Milling Project (21 — 32 Street) (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: the Notice to Bidders; the
Contractor's Proposal; Plans, Specifications, and General Requirements as adopted
by the City Engineer 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 Engineer.
4. The Contractor shall remove any materials rejected by the City Engineer 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 Engineer
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
Engineer 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
September 2, 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 Engineer, 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 $1,361,772.11
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 $750.00 (Seven Hundred and Fifty & 00 /Dollars) 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 two (2) years after acceptance of
the same by the City Engineer and its bond shall be security therefore.
CITY OF DUBUQUE, IOWA
By
City Manager
FURTHER CONDITIONS
PRINCIPAL:
By.
Title
CERTIFICATE OF CITY CLERK
I.aA9e Cs A04704-
Contractor
A/4W 0.0101-104,
This is t o e ify that a ce t copy of the above Contract has been filed in my
office on the r day of 2011.
Kevin S. Firnstahl, Acting City Clerk
Bond No. 929525609
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That River City Paving, A Division
of Mathy Construction, as Principal (Contractor) and Western Surety Company
as- Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum
of $1,361,772.11 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 day of , 2011, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated , 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 Central
Avenue HMA Resurfacing With Milling Project (21' — , 34 (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 prig 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 two (2) 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 thls day of , 2011.
CITY OF DUBUQUE, IOWA
By:
City Manager
PRINCIPAL:
Mathy Constuction Company dba
River City Paving
Bv:
SURETY:
Western Surety Company
Surety Company
By: �. , Ld ) 0 1- 0 ,1 C-
Sig re
Jill N. Swanson, Attorney -In -Fact
Title
P.O. Box 5077, Sioux Falls, SD 57117
City, State, Zip Code
Surety Acknowledgement
State of Minnesota }
} ss.
County of Hennepin }
On this day of , before me personally
came Jill N. Swanson , to me known, who, being by me duly sworn, did depose and say that he is an
attorney -in -fact of Western Surety Company the corporate seal of said corporation; that the seal
affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed
BARBARA L. KEL- R
NOTAfl" PUBLIC - MINNESO
My Commluion Expires Jan. 91, 2915
it
the said seal as Attorney in Fact by authority of the Board o
authority of this office under the Standing Resolutions thereof.
ctors of said corporatio and by
Nota Pub is
State of South Dakota
County of Minnehaha
My commission expires
November 30, 2012
Form F4280 -09-06
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Nina E Werstein, Teresa Hammers, Barbara L Raedeke, Laurie F Pflug, Nicole Tamble,
B L Kellar, Dennis G Loots, Brian D Carpenter, Jerry Ouimet, Jill N Swanson, Individually
of Minneapolis, MN, its true and lawful Attorney(s) -in -Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
}
SS
Western Surety Company
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 1st day of February, 2011.
On this 1st day of February, 2011, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
+ssssssssssssssssssssssss +
s D. KRELL r
J iall NOTARY PUBLIC S s
ssSOUTH DAKOTA y s
+ssss S +
CERTIFICATE
WESTERN SURETY COMPANY
Paul . Bruflat, Senior Vice President
D. Krell, No ry Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this day of
WESTERN SURETY COMPANY
• L. Nelson, Assistant Secretary