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HomeMy WebLinkAbout2024-04-15 I01D_05 Hickman Rd and 161st St-SE Legacy Pointe Blvd Phase 2_Approve Contract, BondAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 15, 2024 AGENDA ITEM:Consideration of approval of resolution approving contract and bond [Hickman Road (US 6) & 161st Street/SE Legacy Pointe Blvd. Intersection Improvements Phase 2 Project] FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $559,455.00. The allocation of the Total Project Cost Between Clive and Waukee shall be 53% for Clive and 47% for Waukee. Final costs will be determined at the conclusion of the project and Clive will invoice Waukee for Waukee’s portion based on actual costs incurred. COMMISSION/BOARD/COMMITTEE COMMENT: RECOMMENDATION: Approve the resolution approving contract and bond with Sternquist Construction of Indianola, IA, in the amount of $559,455.00. ATTACHMENTS: I. Proposed Resolution II. Contract, Bond PREPARED BY: Becky Schuett REVIEWED BY: I1D5 RESOLUTION 2024- RESOLUTION APPROVING CONSTRUCTION CONTRACT AND BOND FOR THE HICKMAN ROAD (US 6) & 161ST STREET/SE LEGACY POINTE BLVD INTERSECTION IMPROVEMENTS - PHASE 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: That the construction contract and bond executed and insurance coverage for the construction of certain public improvements described in general as the Hickman Road (US 6) & 161st Street/SE Legacy Pointe Blvd Intersection Improvements - Phase 2, and as described in detail in the plans and specifications heretofore approved, and which have been signed by the Mayor and Clerk of the City of Clive, with the consent of the City of Waukee, be and the same are hereby approved as follows: Contractor:Sternquist Construction of Indianola, IA Amount of bid:$559,455.00 Bond surety:Merchants Bonding Company (Mutual) Date of bond:March 15, 2024 Portion of project:All construction work PASSED AND APPROVED this 15th day of April, 2024. Mayor ATTEST: City Clerk CONTRACT NO. 122.0596.01 DATE March 14,2024 CONTRACT THIS CONTRACT,made and entered into this 14' day of March ,20 24 ,by and between the City of Clive, Iowa by its Mayor, upon order of its City Council hereinafter called the Jurisdiction",and, Sternauist Construction,Inc. hereinafter called the"Contractor". WITNESSETH: The Contractor hereby agrees to complete the work comprising the below referenced improvement as specified in the contract documents, which are officially on file with the Jurisdiction, in the office of the City Clerk. This contract includes all contract documents. The work under this contract shall be constructed in accordance with the latest edition of the Urban Standard Specifications for Public Improvements, as further modified by the supplemental specifications and special provisions included in said contract documents and the Contract Attachment which is attached hereto. The Contractor further agrees to complete the work in strict accordance with said contract documents, and to guarantee the work as required by law, for the time required in said contract documents,after its acceptance by the Jurisdiction. This contract is awarded and executed for completion of the work specified in the contract documents for the bid prices shown on the Contract Attachment: Bid Items, Quantities and Prices which were proposed by the Contractor in its proposal submitted in accordance with the Notice to Bidders and Notice of Public Hearing for the following described improvements: HICKMAN ROAD (US 6) & 161ST STREET / SE LEGACY POINTE BLVD INTERSECTION IMPROVEMENTS—PHASE 2 This project includes all materials, equipment, transportation and labor necessary to widen Legacy Pointe Blvd to create a boulevard section including PCC pavement, PCC sidewalk and pedestrian ramps, and traffic signal modifications at the intersection. Project items include subgrade preparation and treatment, PCC roadway paving and sidewalk/trail ramp paving, pavement markings,traffic signalization, traffic control and construction of median. Specific project location along with the kind and approximate quantity of materials to be used shall be as set forth in the Plans and Specifications. The Contractor agrees to perform said work for and in consideration of the Jurisdiction's payment of the bid amount of five hundred fifty nine thousand four hundred fifty five and no/100 dollars($ 559,455.00 ) which amount shall constitute the required amount of the performance, maintenance, and payment bond. The Contractor hereby agrees to commence work on the improvements on or before the late start date of May 15, 2024, and work shall be substantially completed on or before August 15, 2024, including all pavement/sidewalk/median work and all underground signal (pole foundations, conduits, and handholes) work. Signals shall be activated on or before December 31, 2024. Liquidated damages for noncompliance with said completion provisions will be assessed at the rate of One Thousand Dollars ($1,000.00) for each calendar day thereafter that the work remains incomplete. JA2023 Projects\zzz_Hickman Rd&NW 161st Intersection Improvements(Snyder)WDMIN\03_Contract Data\Contract-Bonds\contract.doc C-1 CONTRACT CON'T—CONTRACT)Project No. 122.0596.01 IN WITNESS WHEREOF,the Parties hereto have executed this instrument,in triplicate on the date first shown written. JURISDICTION CONTRACTOR By4C Ise, dwards,Mayor r Seal) BY ATTES Signature at4/1 Matthew D.Graham,City Clerk Title// 11to t4 /yA SttPrl' Street Address SDl2S City,State,Zip Code Telephone CONTRACTOR PUBLIC REGISTRATION INFORMATION To Be Provided By: 1. All Contractors: The Contractor shall enter its Public Registration Number issued by the Iowa Commissioner of Labor pursuant to Section 91 C.5 of the Iowa Code. 2. Out-of-State Contractors: A. Pursuant to Section 91 C.7 of the Iowa Code,an out-of-state contractor,before commencing a contract in excess of five thousand dollars in value in Iowa, shall file a bond with the division of labor services of the department of workforce development. The contractor should contact 515-242-5871 for further information. Prior to contract execution, the City Engineer may forward a copy of this contract to the Iowa Department of Workforce Development as notification of pending construction work. It is the contractor's responsibility to comply with said Section 91C.7 before commencing this work. B. Prior to entering into contract, the designated low bidder, if it be a corporation organized under the laws of a state other than Iowa, shall file a certificate with the Jurisdictional Engineer from the Secretary of State of the State of Iowa showing that it has complied with all the provisions of Chapter 490 of the Code of Iowa, or as amended, governing foreign corporations.For further information,contact the Iowa Secretary of State Office at 515-281- 5204. Bond No. Name of Surety JA2023 Projects\zzz_Hickman Rd&NW 161st Intersection Improvements(Snyder)\ADMIN\03_Contract Data\Contract-Bonds\contract.doc C-2 CONTRACT CON'T—CONTRACT) Project No. 122.0596.01 CORPORATE ACKNOWLEDGMENT State of SS County) On this\Q day of ON ,20 ay ,before me, the undersigned, a Notary Public in and for the State of o, personally appeared and to me known, who, being by me duly sworn, did say that they are the Qnlc- and respectively, of the corporation executing the foregoing instrument; that(no seal has been procured by) (the seal affixed thereto is the seal of) the corporation; that said instrument was signed (and sealed) on behalf of the corporation by authority of this Board of Directors; that and acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by them voluntarily executed. HEATHER AAE HARDY 1 Commission Number 625509Mysz, nn COMMISSION JI , 26 Notary Public in and for the State of o_ My commission expires S.>rR 'I, 202.10 J:\2023 Projects\zzz_Hickman Rd&NW 161st Intersection Improvements(Snyder)\ADMIN\03_Contract Data\Contract-Bonds\contract.doc C-3 CONTRACT CON'T—CONTRACT ATTACHMENT) Project No. 122.0596.01 CONTRACT ATTACHMENT: BID ITEMS,QUANTITIES AND PRICES THIS CONTRACT IS AWARDED AND EXECUTED FOR COMPLETION OF THE WORK SPECIFIED IN THE CONTRACT DOCUMENTS FOR THE BID PRICES TABULATED BELOW AS PROPOSED BY THE CONTRACTOR IN ITS PROPOSAL SUBMITTED IN ACCORDANCE WITH NOTICE TO BIDDERS AND NOTICE OF PUBLIC HEARING. ALL QUANTITIES ARE SUBJECT TO REVISION BY THE JURISDICTION. QUANTITY CHANGES WHICH AMOUNT TO TWENTY (20) PERCENT OR LESS OF THE AMOUNT BID SHALL NOT AFFECT THE UNIT BID PRICE. Item Item Code Item Unit Quantity Unit Price Amount No. 1 2010-A Clearing and Grubbing(By Unit) UNIT 50 112.20 5,610.0 2 2010-B Clearing and Grubbing(By Acre) ACRE 0.2 9,180.00 1,836.00 3 2010-D-1 Topsoil,Compost Amended,On-site CY 261 44.35 11,575.35 4 2010-E Excavation,Class 10,Waste CY 1,115.3 25.50 28,440.15 5 2010-G Subgrade Preparation SY 2,446.9 3.80 9,298.22 6 2010-I Subgrade Treatment,Cement Treatment SY 2,446.9 14.00 34,256.60 7 20104 Subbase,Modified,6-Inch SY 2,446.9 10.45 25,570.11 8 Stormwater Cells LS 1 39,780.00 39,780.00 9 4020-A-1 Storm Sewer,Trenched,Class III RCP, 15 In LF 250 85.70 21,425.00 10 4020-D Removal of Storm Sewer LF 72 7.15 514.80 11 4040-A Subdrain,Case B,Type 1,6 Inch LF 609 20.40 12,423.60 12 4040-C-2 Subdrain Cleanout,A-1,6 Inch EACH 5 535.50 2,677.50 13 4040-D Subdrain Outlets and Connections,6 Inch EACH 5 229.50 1,147.50 14 6010-A Manhole,SW-401,48 In EACH 1 5,508.00 5,508.00 15 6010-B Intake,SW-501 EACH 1 6,528.00 6,528.00 16 6010-B Intake,SW-505 EACH 1 9,486.00 9,486.00 17 6010-B Intake,SW-507 EACH 1 9,486.00 9,486.00 18 Intake,Curb Inlet EACH 8 1,428.00 11,424.00 19 Injection Well EACH 8 739.50 5,916.00 20 6010-E-2 Intake Adjustment,Minor EACH 1 816.00 816.00 JA2023 Projects\zzz_Hickman Rd&NW 161st Intersection Improvements(Snyder)\ADMIM03_Contract Data\Contract-Bonds\contract.doc C-4 CONTRACT Item Item Code Item Unit Quantity Unit Price Amount No. 21 6010-F-1 Manhole Adjustment,Major EACH 1 1,530.00 1,530.00 22 6010-G Connection to Existing Manhole or Intake EACH 1 785.40 785.40 23 7010-A Pavement,PCC,8 Inch,Modified C-SUD SY 2,109.5 75.50 159,267.25 24 7010-I PCC Pavement Samples and Testing LS 1 2,750.00 2,750.00 25 7030-A Removal of Sidewalk SY 55.5 9.20 510.60 26 7030-E Sidewalk,PCC,4 In. SY 314.5 45.90 14,435.55 27 7030-E Sidewalk,PCC,6 In. SY 24 91.80 2,203.20 28 7030-G Detectable Warnings,Cast Iron,Natural Finish SF 62 66.30 4,110.60 29 7040-A Full Depth Patches,PCC, 8 In SY 262 115.00 30,130.00 30 7040-H Pavement Removal SY 818 8.15 6,666.70 31 8010-A Traffic Signals LS 1 18,775.00 18,775.00 32 8020-C Painted Pavement Markings,High-Build STA 18.5 204.00 3,774.00 33 8020-G Painted Symbols and Legends,High-Build EACH 2.00 102.00 204.00 34 8020-M Grooves Cut for Pavement Markings STA 18.5 163.00 3,015.50 35 8020-N Grooves Cut for Symbols and Legends EACH 2.00 204.00 408.00 36 8030-A Temporary Traffic Control LS 1 9,250.00 9,250.00 37 Permanent Signing Modifications LS 1 612.00 612.00 38 Portable Dynamic Message Signs CDAY 21 153.00 3,213.00 39 9010-13 Hydro. Seed,Fertilizing,and Mulching,Type 1 ACRE 0.3 10,200.00 3,060.00 40 9010-B Hydro. Seed,Fertilizing,and Mulching,Type 4 ACRE 0.3 5,100.00 1,530.00 41 9040-D-1 Filter Sock, 12 Inch LF 990 2.55 2,524.50 42 9040-D-2 Filter Sock,Removal LF 990 0.50 495.00 43 Filter Sock,Maintenance LF 100 0.25 25.00 44 9040-T-1 Inlet Protection Device,Drop-in EACH 4 153.00 612.00 45 9040-T-2 Inlet Protection Device,Maint.And Removal EACH 4 25.50 102.00 46 9040-T-3 Inlet Protection Device,Drop-in,Open-Throat EACH 2 153.00 306.00Intake 47 9040-T-4 Inlet Protection Device,Maint.and Removal, EACH 2 25.50 51.00Oen-Throat Intake 48 9060-E Removal of Fence LF F356 5.10 1,815.60 J12023 Projects\zzz_Hickman Rd&NW 161st Intersection Improvements(Snyder)WDMIN\03_Contract Data\Contract-Bonds\contract.doc C-5 CONTRACT Item Item Code Item Unit Quantity Unit Price Amount No. 49 10010-A Demolition Work LS 1 102.00 102.00 50 11010-A Construction Survey LS 1 6,273.00 6,273.00 51 11020-A Mobilization LS 1 35,999.27 35,999.27 52 11050-A Concrete Washout LS 1 1,200.00 1,200.00 BID TOTAL 559,455.00 NOTE: IT IS UNDERSTOOD THAT THE ABOVE QUANTITIES ARE ESTIMATED FOR THE PURPOSE OF THIS BID. ALL QUANTITIES ARE SUBJECT TO REVISION BY THE CITY. QUANTITY CHANGES WHICH AMOUNT TO TWENTY (20) PERCENT OR LESS OF THE TOTAL BID SHALL NOT AFFECT THE UNIT PRICE. JA2023 Projects\zzz_Hickman Rd&NW 161st Intersection Improvements(Snyder)WDMIN\03_Contract Data\Contract-Bonds\contract.doc C-6 CONTRACT SURETY BOND NO. 100309066 PERFORMANCE,PAYMENT AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, Sternquist Construction Inc as Principal (hereinafter the"Contractor"or"Principal" and Merchants Bonding Company(Mutual) as Surety are held and firmly bound unto City of Clive ,as Obligee(hereinafter referred to as"the Jurisdiction"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of five hundred fifty nine thousand four hundred fifty five and no/100 DOLLARS ($ 559,455.00 ), lawful money of the United States, for the payment of which sum,well and truly to be made,we bind ourselves,our heirs, legal representatives and assigns,jointly or severally,firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the_ 14' day of March , 20 24 , (hereinafter the "Contract") wherein said Contractor undertakes and agrees to construct the following described improvements: HICKMAN ROAD(US 6)& 161ST STREET/SE LEGACY POINTE BLVD INTERSECTION IMPROVEMENTS—PHASE 2 This project includes all materials, equipment, transportation and labor necessary to widen Legacy Pointe Blvd to create a boulevard section including PCC pavement, PCC sidewalk and pedestrian ramps, and traffic signal modifications at the intersection. Project items include subgrade preparation and treatment, PCC roadway paving and sidewalk/trail ramp paving, pavement markings, traffic signalization,traffic control and construction of median. Specific project location along with the kind and approximate quantity of materials to be used shall be as set forth in the Plans and Specifications. 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. Provided,however,that one year after the date of acceptance as complete of the work under the above referenced Contract, the maintenance portion of this Bond shall continue in force but the penal sum for maintenance shall be reduced to the sum of five hundred fifty nine thousand four hundred fifty five and no/100 dollars($ 559,455.00 )which is the cost associated with those items shown on the proposal and in the Contract which require a maintenance bond period in excess of one year. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety,to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe,perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction 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. JA2023 Projects\zzz_Hickman Rd&NW 161st Intersection Improvements(Snyder)\ADMIN\03_Contract Data\Contract-Bonds\contract.doc PM-1 NOTICE TO PROCEED CON'T— PERFORMANCE,PAYMENT AND MAINTENANCE BOND) Project No. 122.0596.01 2. PAYMENT: The Contractor and the Surety on this Bond are hereby agreed to pay all just claims submitted by persons, firths, 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 Jurisdiction 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: 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 within the period of four(4)years from the date of acceptance of the work under the Contract, 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 Jurisdiction's reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. D. Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the Jurisdiction 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 to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, 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 of the total contract price, and that this bond shall then be released as to such excess increase;and 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. D. That no provision of this Bond or of any other contract shall be valid which limits to less than five years after the acceptance of the work under the Contract the right to sue on this Bond. JA2023 Projects\zzz_Hickman Rd R NW 161st Intersection Improvements(Snyder)\ADMIN\03_Contract Data\Contract-Bonds\contract.doc PM-2 NOTICE TO PROCEED r s CON'T— PERFORMANCE,PAYMENT AND MAINTENANCE BOND) Project No. 122.0596.01 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 Jurisdiction 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, attorneys fees (including overhead expenses of the Jurisdiction's staff attorneys),and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction 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 Jurisdiction 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 Jurisdiction incurs any "outlay and expense" in defending itself with respect to 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 Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation under this bond shall not exceed 125%of the penal sum of this bond. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be Polk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction,the Contractor and the Surety agree,jointly and severally,to pay the Jurisdiction all outlay and expense incurred therefore by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Jurisdiction, by law. The Jurisdiction 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 or actions 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 word,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. J:12023 Projects\= Hickman Rd&NW 161st Intersection Improvements(Snyder)\ADMIN\03_Contract Data\Contract-Bonds\contract.doc PM-3 NOTICE TO PROCEED Y CON'T— PERFORMANCE,PAYMENT AND MAINTENANCE BOND) Project No. 122.0596.01 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. Witness our hands,in triplicate,this 15th day of March 2024 Surety Countersigned By:PRINCIPAL: Sternquist Construction,Inc. lgnature o Iowa Resident Commission Agent as Contractor Prescribed by Chapter 515.52-57,Iowa Code. Require only if Attorney-in-Fact is not also an Iowa Resident Commission Agent). By: Anne Crowner Signature Name of Resident Commission Agent Title Holmes,Murphy and Associates LLC SURETY: Company Name 2727 Grand Prairie Parkway Merc nt o, in Company(Mutual) _ Company Address S Company Waukee,IA 50263 B City,State,Zip Code ign ey-in-FactL)fftc©r- 515)223-6800 Grace Rasmussen r Company Telephone Number Name of Attorney-in-Fact Officer Holmes,Murphy and Associates LLC Company Name 2727 Grand Prairie Parkway Company Address Waukee,IA 50263 City,State,Zip Code 515)223-6800 Company Telephone Number NOTE: All signatures on this performance,payment&maintenance bond must be original signatures in ink.Copies or facsimile of any signature will not be accepted.This bond must be sealed with the Surety's raised,embossing seal,and the Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety's raised,embossing seal. JA2023 Projects\=—Hickman Rd&NW 161st Intersection Improvements(Snyder)WDMIN\03_Contract Data\Contract-Bonds\contract.doc PM-4 NOTICE TO PROCEED 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,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the Companies")do hereby make,constitute and appoint,individually, Anne Crowner; Bailey Beach; Ben Williams; Brian J Oestreich;Brian M Deimerly;Cameron M Burt;Cindy Bennett;Colby D White;Craig E Hansen; D Gregory Stitts; Dione R Young;Donald E Appleby; Douglas Muth;Ginger Hoke;Grace Rasmussen;Graydon Dotson;Greg Krier;Jamie Gifford; Jay D Freiermuth;Jennifer Marino;Jessica Jean Rini;Jessie Allen;Joe Tiernan;John Cord;Joshua R Loftis; Kate Zanders;Keeton Welch;Lukas Schroder;Mark R DeWitt;Mark Sweigart;Mary Ashley Allen; Michelle R Gruis; Nathan Weaver;R C Bowman;Sara Huston;Sarah C Brown;Seth D Rooker;Ted Jorgensen;Tim McCulloh;Todd Bengford;W R Withrow 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 3rd day of February 2024 MERCHANTS BONDING COMPANY(MUTUAL) P•10Nq rsiG CQ,j••• MERCHANTS NATIONAL BONDING,INC. RPO/p'' Oa A9•• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY to co 1933 Z: •z.3• yJd aQ:' yCZ rJl.•` •••fly" `.••• President STATE OFIOWA COUNTY OF DALLAS ss. On this 3rd day of February 2024 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 M' behalf of the Companies by authority of their respective Boards of Directors. Alp Penni MilleriCommissionNumber787952 My Commission Expires IOWA January 20,2027 of bl 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 15th day of March 2024 P• 10 Nq Q\R G CQ,h • Z= ;a'•` 1933 " 3` Secretary POA 0018 (1/24) l a DATE(MM/DD/YYYY) A oRo CERTIFICATE OF LIABILITY INSURANCE 3/15/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jessica Allinson Holmes Murphy&Associates PHONE 2727 Grand Prairie Parkway EAIC,-MAIL • 515-381-7409 Fvc No Waukee IA 50263 AbDREss: jail inson holmesmur h .com INSURERS AFFORDING COVERAGE NAIC# INSURER A:United Fire&Casualty Company 13021 INSURED STECONPC2 INSURER B:ACE American Insurance Company 22667 Sternquist Construction, Inc 1110 N. 14th Street INsuRERc:LAFAYETTE INS CO 18295 Indianola, IA 50125 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1267375251 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY 60429025 4/1/2023 4/1/2024 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED CLAIMS-MADE I OCCUR PREMISES Ea occurrence $100,000 X 1,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 POLICY PE a LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: A AUTOMOBILE LIABILITY 60429025 4/1/2023 4/1/2024 COMBINED SINGLE LIMIT Ea 1,000,000 accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR 60429025 4/1/2023 4/1/2024 EACH OCCURRENCE 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000 DED I X I RETENTION$n C WORKERS COMPENSATION 30303590 4/1/2023 4/1/2024 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE FIR ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBE R EXCLUDED?NIA Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 A Inland Marine 60429025 4/1/2023 4/1/2024 Leased/Rented Equi 250,000 B Property G24745442011 4/1/2023 4/1/2024 Building&PP 1,572,900 Pollution Limit Liability 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Reference:Hickman Road(US 6)&161 st Street/SE Legacy Pointe Blvd intersection improvements City of Clive is additional insured for the general liability if required by Written contract,per policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Clive 2123 NW 111th Street Clive IA 50325 AUTHORIZED REPRESENTATIVE 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD