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Roadway Improvement Project at John F. Kennedy Road and West 32nd_Riverdreams Copyright 2014 City of Dubuque Action Items # 6. ITEM TITLE: Roadway Improvement Project at John F. Kennedy Road and West 32nd Street SUMMARY: City Manager recommending approval of an Agreement with developer Kivlahan Farms L.C. for construction of public roadway improvements at the intersection of JFK Road and West 32nd Street. RESOLUTION Approving an Agreement for Construction of Roadway Improvements at JFK Road and West 32nd Street between the City of Dubuque, Iowa and Kivlahan Farms, L.C. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Roadway Improvement Project at JFK and West 32nd Street-MVM City Manager Memo Memo ❑ Staff Memo Staff Memo ❑ Resolution Resolutions ❑ Agreement Supporting Documentation ❑ Exhibit Supporting Documentation ❑ Exhibit B Supporting Documentation ❑ Location Map Supporting Documentation ❑ Peformance Contract and Maintenance Bond Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Roadway Improvement Project at JFK Road and West 32nd Street DATE: August 31, 2015 City Engineer Gus Psihoyos recommends City Council approval of an Agreement with developer Kivlahan Farms L.C. for construction of public roadway improvements at the intersection of JFK Road and West 32nd Street. Kivlahan recently submitted preliminary plans to improve the site at the intersection of JFK Road and 32nd Street. The proposed use at the site is a convenience store and restaurant. A traffic study for the development was completed and the results showed a need for certain intersection improvements including turning lanes and traffic signals at the JFK Road and 32nd Street. An agreement between the City and developer was drafted which requires the developer to make certain roadway improvements (turn lanes, medians, and curb ramps/crosswalks) and to dedicate additional right of way, at no cost to the City, on JFK Road and 32nd Street to accommodate said improvements. In April of this year, the additional right of way was dedicated by Kivlahan and was accepted by the City. The agreement also requires Kivlahan to place $62,500 in an escrow account to be used by the City in the future to complete the required traffic signal improvements. The roadway improvements (turn lanes, medians, and curb ramps/crosswalks) are to be completed by Kivlahan at no cost to the City. Kivlahan has since sold the property to Rainbo Oil Company who is in the process of constructing a Kwik Stop convenience store and Fazolis restaurant building at the site. The Agreement requires Kivlahan to complete the roadway improvements (excluding traffic signals) prior to the opening of the convenience store and restaurant. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer 2 THE COF Dubuque DtUB L ;I-MedcaCHY 1111.1 Masterpiece on the Mississippi 2007•2012•2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Enginee �6 SUBJECT: Roadway Improvement Project at JFK Rd. and W. 32nd St. DATE: September 1, 2015 INTRODUCTION This memo provides information regarding the approval of an Agreement with developer Kivlahan Farms L.C. (Kivlahan) for construction of public roadway improvements at the intersection of JFK Rd. and West 32nd St. BACKGROUND Recently, Kivlahan had submitted preliminary plans to improve the site at the intersection of JFK Rd. and 32nd St. The proposed use at the site is a convenience store and restaurant. A traffic study for the development was completed and the results showed a need for certain intersection improvements including turning lanes and traffic signals at the JFK Rd. and 32nd St. An agreement between the City and developer was drafted which requires the developer to make certain roadway improvements (turn lanes, medians, and curb ramps/crosswalks) and to dedicate additional right of way, at no cost to the City, on JFK Rd. and 32nd St. to accommodate said improvements. In April of this year the additional right of way was dedicated by Kivlahan and was accepted by the city. The agreement also requires Kivlahan to place $62,500 in an escrow account to be used by the City in the future to complete the required traffic signal improvements. The roadway improvements (turn lanes, medians, and curb ramps/crosswalks) are to completed by Kivlahan at no cost to the City. Kivlahan has since sold the property to Rainbo Oil Company who is in the process of constructing a Kwik Stop convenience store and Fazolis restaurant building at the site. The Agreement requires Kivlahan to complete the roadway improvements (excluding traffic signals) prior to the opening of the convenience store and restaurant. DISCUSSION Buesing and Associates, Inc. has prepared design and construction documents for the intersection improvements which include a right turn lane on JFK Rd., a left turn lane on 32nd St., a concrete curb median on JFK Rd. at the south leg of the intersection, and cross walks and curb ramps at the north and east legs of the intersection. City staff has reviewed and approved the design and construction documents for the project. Kivlahan has executed the Agreement and has provided the required bonding and insurance documents. RECOMMENDATION I recommend that the City Council approve the Agreement with Kivlahan Farms L.C. for construction of public roadway improvements at JFK Rd. and West 32nd St by the adoption of the attached resolution. ACTION TO BE TAKEN I respectfully request approval of the Agreement with Kivlahan Farms L.C. for construction of public roadway improvements at JFK Rd. and West 32nd St. through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS cc: Bob Schiesl, Assistant City Engineer Kyle Kritz, Associate Planner Don Vogt, Operation and Maintenance Manager John Klostermann, Streets and Sewer Maintenance Supervisor David Ness, Traffic Engineer Duane Richter, Traffic Engineer Nathan Steffen, Engineering Technician 2 RESOLUTION NO. 314-15 APPROVING AN AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS AT JFK ROAD AND WEST 32ND STREET BETWEEN THE CITY OF DUBUQUE, IOWA AND KIVLAHAN FARMS L.C. WHEREAS, the City of Dubuque is party to an Agreement with Kivlahan Farms L.C. for construction of public roadway improvements at JFK Rd. and West 32nd St. dated April 17, 2015; and WHEREAS, the City of Dubuque has determined that the project will require certain improvements to the public right of way and Kivlahan Farms L.C. agrees that such improvements are reasonable and necessary; and WHEREAS, the City of Dubuque has reviewed and approved the design and construction plans for said public roadway improvements as required by the Agreement; and WHEREAS, Kivlahan Farms L.C. has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The Mayor is authorized and directed to execute the Agreement on behalf of the City of Dubuque PASSED, APPROVED, AND ADOPTED this 8th day of September 01.5. ATTEST: Kevin BArnstahl, City Clerk oy D. Buol, Mayor AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KIVLAHAN FARMS LC This Agreement (the Agreement), dated for reference purposes the /17)/ day of 4P /L , 2015, is made and entered into by and between Kivlahan Farms LC (Kivlahan) and the City of Dubuque, Iowa (City). Whereas, Kivlahan is the owner of the property shown on Exhibit A (the Real Estate); and Whereas, Kivlahan desires to sell the Real Estate to Rainbo Oil Co. d/b/a Kwik Stop C -Stores for the construction of a convenience store with fueling station and restaurant on the Real Estate (the Rainbo Project); and Whereas, City has determined that the Rainbo Project will require certain improvements to the public right of way set forth herein (the Required Improvements) and Kivlahan agrees that such improvements are reasonable and necessary; Whereas, City is willing to allow the construction of the Rainbo Project on the Real Estate subject to the conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN KIVLAHAN AND CITY AS FOLLOWS: SECTION 1. REQUIRED IMPROVEMENTS. Kivlahan agrees to: 1.1 Design and construct a right turn lane on JFK Road at the intersection as shown on Exhibit B. 1.2 Design and construct a left turn lane on West 32nd Street at the intersection as shown on Exhibit B. 040815baI 1.3 Dedicate any right of way on West 32nd Street and John F. Kennedy Road to City necessary to accommodate the additional street pavement width and sidewalk. 1.4 Design and construct a concrete curbed median on JFK Road as shown on Exhibit A. 1.5 Design and construct crosswalks and associated curb ramps at the east and north legs of the intersection as shown on Exhibit A. 1.6 The extent of the construction items shown on the attached Exhibit A and B are for general information only. The extent of each construction item will be based on the results of the approved final engineering plans for the intersection construction project. SECTION 2. ESCROW ACCOUNT. The estimated total cost of the , traffic signals at the intersection, including all standard City of Dubuque ITS Components, fiber optic connectivity with the JFK Rd. and Northwest Arterial intersection, and all engineering and construction services, is $250,000. Prior to the issuance of a Final Certificate of Occupancy for the Rainbo Project, Kivlahan must place $62,500 (the Escrow Amount)(25% of the estimated cost of $250,000) in an escrow account for the benefit of City, pursuant to an escrow agreement subject to the approval of City. The Escrow Amount will be available to City at the time that traffic signal construction is warranted. The Escrow Amount is the maximum amount to be paid by Kivlahan for the traffic signal improvements at the intersection. If the actual costs of the traffic signal improvements are less than the Escrow Amount, the balance remaining in the Escrow Account will be reimbursed to Kivlahan within thirty days of final acceptance of the traffic signal improvements by the City Council SECTION 3. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Plans and specifications with respect to the construction of the Required Improvements (the Construction Plans) shall be in conformity with all applicable state and local laws and regulations. Plans and specifications should be prepared using the latest City of Dubuque Standards and SUDAS Standards. Kivlahan shall submit to City, for approval by City, plans, drawings, specifications, and related documents with respect to the Improvements to be constructed by Kivlahan. All work with respect to the Required Improvements shall be in substantial conformity with the Construction Plans approved by City. SECTION 4. TIMING OF REQUIRED IMPROVEMENTS. Kivlahan agrees that construction of the Required Improvements, except future traffic signal improvements, shall be completed prior to the issuance of a Final Certificate of Occupancy for the Rainbo Project. The time frames for the performance of these obligations shall be suspended due to unavoidable delays, meaning delays outside the control of the party claiming its occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Required Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the 2 exercise of reasonable discretion directly results in delays, or acts of any federal, state or local government which directly result in extraordinary delays. The time for performance of such obligations shall be extended only for the period of such delay. SECTION 5. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement is binding upon the parties hereto and successors and assigns. SECTION 6. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to final approval by the City Council. SECTION 7. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Kivlahan 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 Agreement, including but not limited to attorneys' fees, arising out of or resulting from performance of this Agreement, 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 Kivlahan, or anyone directly or indirectly employed by Kivlahan or anyone for whose acts Kivlahan may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. SECTION 8. BONDS. Kivlahan shall provide the performance, maintenance and payments bonds in the form attached hereto. The surety on the Bond furnished for this Agreement must, in addition to all other provisions, be obligated to the extent provided for by Iowa Code 573.6 relating to this Agreement, which provisions apply to said Bond. Kivlahan agrees, and its Bond is surety therefore, that after acceptance of the Improvements by the City Council, it will keep and maintain the improvements in good repair for a period of two (2) years. SECTION 9. CONFORMANCE WITH LAW. The Required Improvements 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, including but not limited to the latest City of Dubuque Standards and SUDAS Standards SECTION 10. INSURANCE. Kivlahan shall obtain and maintain during the performance of this Agreement insurance as described in the attached Insurance Schedule. CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen City Manager 3 KIVLAHAN FARMS LC EXHIBIT A THE REAL ESTATE �­P w R-bea. w d � .' n �c r•....vw.]eNw..,rr e . •S n K F 4% Fq -W r . a EXHIBIT 2:Short Term Improvements _vFK S.W_ 32nd street Desisned For WG-6:2- EXHIBIT B (� LEGEND Oft .<d N Ip f �• 1 C!oF^ix^Pd Aae12YF.Y.�tli:m or * fm r� 0-4 E W4 �.-ccwasrgz:LMIGTH ! EXHIBIT 3: Long Tem Improvements JFK &W.32nd Street a p.e C.et el rwEDUB E L O CATION MAP 5AGIS � '10'.SYSiFn Mltsterpie4e on the Mississippi 32r� 32e 3 '321 6 s22 ice`3 3259 32C'6 33:0 j 3268W3266 329-2 2^' _ 3.23 r 29 w 3253 '3300 _ 2 9-2 r 3243 0111, 3274 32863 265 i 3237 3272 3263-32r5 3296 3259 I 3"- .16 m 1 3260 3175 ^ I29 1 32 0 3206 -222 r -. ,3255 3195. 3185 3278 3284 3291 m. r ` , 32R /3289 3285- . OPP! \ 3228 �... x252 l ,/ 3310 y 3271 3283 3273'3257 y 3246 1 3290 3234 +•�5,� 3280 \ Y� 3240 3270 3350 3250 %E C^ -.. 12974 ter' X .' _ _ - , _.3260 - 32Op NEW LEFT �' 3220 32:20 M R UI�N LANE �� r w� _ NEW RIGHT n TARN LANE l 3350 :4 .r r 1� \\ / ^3023 5 ,. 3161 _ a Dubuque Cgsorssosr JISCIAIMER:This information was compiled io.;ing the Dubugue Area Geographic Information System aslS),wmeh induees data c.aced by both the City of Map Prepared by. Dubuque and Dub°que county.It is understood that,wmle n City Of Dubuque the City of Dubuque and participating agencies utilized the ` mos[current and accurate informati on..dilaAle'DAGIS a rd 1 inch = 200 feet Engineering Division rsuppliers do not warrant the curacy° cy°f the °rmangn acrcurr.n°r data eoncamed n.rei,The city and uarcieipannq •• 50 West 13th Street ager,,es:hau not be held liable for any ch—t,mdaaa,incidental, \ DubU ue,Iowa 52001 .se coq—,rial,pun itlae,or special damages,eh,th.,foreseeable or q ;.in�or' able,atlsmg out of the..the rime or unauthorized use of 100 SG G 1�� 20C 300 Feet Phone:(563)589-4270 to is Bata or me inabinty to aa°tl-data°r ode°f any brea°h or wa.ramywhate 0eyar. Fax:(563)589-4205 Bond No.IAC583005 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Kiviahan Farms LC as Principal (hereinafter the "Contractor' or "Principal") and MercbnnLg Rondong Company , 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 Forty-Six Thousand Eight Hundred Ninety-Nine Dollars and Forty Cents dollars ($ 146,899.40 ), 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 7th day of August , 2015, (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 John F KenncdXRoai and West 32nd Street Project detail the following described improvements: Intersection Improvements I 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 Ij Avery covenant,condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform 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. !I 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 out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: 4 i i 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 jl C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship of 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 it the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; G. 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: ii D. That no provision of this Bond or of any other contract shall be valid that limits to less than five ii (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 indernnify the Owner on all claims made against the Owner on account of Contractors 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 1 Dubuque, IA 52001 � i City,State,Zip Code 563-556-5441 Company Telephone Number li NOTE: h 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ii -_ ink;_copies,_facsimile,-or_electronic-signatures will-not-be-accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 3. The name and signature of the 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. .i s ;I ,I I l ii u �i �l l f I 7 I NVERCHANTc BONDING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, N Ada M Davidson; Andrew Hendricks; Bart A Straka; Corinne Ihm; David H Fritz; Diana K Hedrick; Jill Conrad; Jodi M Stevens; Keith M Sindberg; Kevin L Ehrlich; Kim Hess; Stephanie Needham; Tammy M Harms-Myers of Dubuque and State of Iowa their true and lawful Attorney-in-Fact,with full power I and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their 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: i. ONE MILLION($1,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, 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 By-Laws adopted by the Board of Dire_ctors__f_th__e Memhant2 _ ding Company Mutual)on April 23 2011 and adopted by the Board of Directors of Merchants National 4 Bonding,Inc.,on October 24,2011. "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 Witness Whereof,the Companies have caused this instrument to be signed and sealed this 7th day of May , 2015. N4 "�' �•'C11V013 'Cp�1io'. MERCHANTS BONDING COMPANY(MUTUAL) :4J� .r.t, D �✓: ": �kPp94 -1�<. MERCHANTS NATIONAL BONDING,INC. 1933 STATE OF IOWA � Mtiw` ••�••. ••• i COUNTY OF POLK ss. `°�•rr^*`� President On this 7th day of Ma2015,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 is 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 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. WENDY WOODY a D Commission Number 784654 z __ ,7 My Commission Expires 14; Jure 20. 2017 Notary Public,Polk County, Iowa I STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the 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 7th day of August 2015 t M.[e 1�ar, •• v e (Zo � h��'',e' "933 c, • Secretary X003 •.� �ti: POA 0014 (7/14) "'• 'bi""� �"' "�,, e •��.:" s'a�lfJr rlry�,�,1t w ,• i . r i MERCHANTS BONDING COMPANY,M MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 ENDORSEMENT I It is hereby understood and agreed that Bond No.: IAC583005 Principal: Kivlahan Farms,LC -- --- Obligee: City of Dubuque in the Merchants Bonding Company(Mutual) is changing this bond effective August 7,2015 FROM: Bond date August 7,2014 TO: Bond date August 7,2015 All terms and conditions of said bond, except as above changed,to remain the same. Signed, sealed and dated this 28th day of August 201' Merchants Bonding Company(Mutual) By — - Kim Hess SUP 0018 (2/15) Attorney-In-Fact V MIRCHAN V BONDING COMPANYM POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Ada M Davidson;Andrew Hendricks; Bart A Straka; Corinne Ihm; David H Fritz; Diana K Hedrick; Jill Conrad; Jodi M Stevens; Keith M Sindberg; Kevin L Ehrlich; Kim Hess; Stephanie Needham;Tammy M Harms-Myers of Dubuque and State of Iowa their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute, acknowledge and deliver in their 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: ONE MILLION($1,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, 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 By-Laws adopted by the Board of Directors of the Merchants Bonding Company_(Mutual)on April 23 2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "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 Witness Whereof,the Companies have caused this instrument to be signed and sealed this 7th day of May , 2015. ••�,0\NG CQ,y�A°. MERCHANTS BONDING COMPANY(MUTUAL) `m�•�O\1P099�9� • MERCHANTS NATIONAL BONDING,INC. w ", -0- 00 3 '�� •y'Y 1933 �Cos : STATE OF IOWA 1,.s�rrrr+ r,+r •....•• President COUNTY OF POLK ss. On this 7th day of May 2015,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of{he MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument is 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 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. , WENDY WOODY o� " sp Commission Number 784654 r" My Commission Expires f© � June 20, 2017 Notary Public,Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the 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 8th day of August 2015 10d7Pq 'G1 •���t CQ�yjA� "C t) fir. co y //w + !/iG,�G Lc/ �.,z„zG� y� ; S ry •�; 1933 C Secretary u \� v . ; Y POA 0014 (7/14) Ty �";r" '°�� ,+' `•.W „f�rAd i'yrytxY45.fYly��W •••••