Signed Contract_Ostrom Painting & Sandblasting, Inc. for 2024 Pavement Marking ProjectCity of Dubuque
City Council Meeting
Consent Items # 025.
Copyrighted
July 1, 2024
ITEM TITLE: Signed Contracts
SUMMARY: Ostrom Painting & Sandblasting, Inc. for 2024 Pavement Marking
Project
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
FIN aL[N:ILy,121zk ]
Description Type
2024 Pavement Marking Project - Signed Contract Supporting Documentation
Bond
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
2024 PAVEMENT MARKING PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 18«' day of June, 2024 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Ostrom Painting
& Sandblasting, Inc. (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the 2024
PAVEMENT MARKING PROJECT (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out -of -State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages _ to _ , inclusive).
b. (Bond Name) (pages _ to _ , inclusive).
C. (Bond Name) (pages ` to inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2020 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10. Special Provisions included in the project Contract Document Manual.
11. Drawings —Sheet No. through No. (00 pages) or drawings consisting of
sheets bearing the following general title:
12.Addenda (numbers —to_, inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
SECTION 00500
Page 2 of 6
16.Construction Schedule and Agreed Cost of Delay (Section 00800).
17. Erosion Control Certificate (Section 00900).
18. Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 01100 - 00000).
20. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00470/00471)
ii.
iii.
21.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any claim
by any party that may be filed for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26.
The City will also retain additional sums to protect itself against any claim that has been filed
against it for damages to persons or property arising through the prosecution of the work and
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
SECTION 00500
Page 3 of 6
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9, INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys' fees, arising out of or resulting from performance of this Contract,
provided that such claim, damages, loss or expense is attributable to bodily injury, sickness,
disease or death, or injury to or destruction of property, including loss of use resulting there
from, but only to the extent caused in whole or in part by negligent acts or omissions of
Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts
Contractor may be liable, regardless of whether or not such claim, damage, loss or expense
is caused in part by a party indemnified hereunder.
10. The Contractor hereby represents and guarantees that it has not, nor has any other person
for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any
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 Contractor arrangement with any other person, firm, corporation or association which
tends to or does lessen or destroy free competition in the award of this Contract and agrees
that in case it hereafter be established that such representations or guarantees, or any of
them are false, it will forfeit and pay not less than tern percent (10%) of the Contract price but
in no event less than $2,000.00 (Two Thousand Dollars) to the City.
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
2_,_,_hSt_;;Rti@I Gernpletion has been issued by the City, it will keep and maintain the Proje"
good repair for o peried of twe (2) yeaFs.
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
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SECTION 00500
Page 6 of 6
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
CONSENT DECREE
RELATING TO THE PROJECT
14. ❑ THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the State
of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its
officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and
corporations under contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
httpl/www. citofdu bug ue.org/DocumentCenter/Home[View/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non -identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come into
its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information -retention period, upon request by the United States or the State, the
SECTION 00500
Page 4 of 6
City must provide copies of any documents, reports, analytical data, or other information required to be
maintained under the Consent Decree. At the conclusion of the information -retention period, the City
must notify the United States and the State at least ninety (90) Days prior to the destruction of any
documents, records, or other information subject to such requirements and, upon request by the United
States or the State, the City must deliver any such documents, records, or other information to the EPA
or IDNR.
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
I have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-
5-1-1-09339, United States District Court for the Northern District of Iowa.
2. All work performed will be in conformity with the provisions of the Consent Decree
3. All documents reports, data, records, or other information (including documents,
records, or other information in electronic form) that relate in any manner to the
performance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree.
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and fees
as provided in the Consent Decree, relating to or arising out of the Contractor's failure
to comply with the Consent Decree.
CONTRACTOR:
Contractor
By: NIA
Signature
Printed Name
Title
Date
SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for the
total work completed at the price(s) stated in the Contractor's Bid Proposal and less any
Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 224,025.29
CITY OF DUBUQUE, IOWA:
City Mana er's Office
Departure1�kAl��
By:
Signa ure
Michael C. Van Milligen
Printed Name
City Manager
Title
0//C�
/—c->)
Date
CONTRACTOR:
OstroVVaintinq & Sandblasting, Inc.
Contra r
By:
Signature
Robert Walker
Printed Name
Vice President
Title
06/24/2024
Date
==== END OF SECTION 00500 ====
SECTION 01100
Page 1 of 4
SPECIAL PROVISIONS
SECTION 01100
PAVEMENT MARKINGS
SECTION 01100
Page 2 of 4
SECTION 01100 - PAVEMENT MARKING
1. The contractor will perform all work in accordance with Iowa SUDAS Standard
Specifications Division 8, Section 08020 — Pavement Markings.
2. Method of measurement and basis of payment for painted pavement markings and
pavement markings removed shall be in Stations (feet).
3. The contractor shall use equipment and materials that comply with Iowa Department of
Transportation Standard Specifications for Highway and Bridge Construction Section
2527.02.D.2 — Traffic Paint.
4. All painted pavement markings shall be placed with Fast Dry Waterborne Traffic Paints
according to Iowa Department of Transportation Standard Specifications for Highway
and Bridge Construction 4183.03.
5. Reflectorizing spheres shall comply with Iowa Department of Transportation Standard
Specifications for Highway and Bridge Construction Section 4184.
6. The City will not assign a representative to accompany the contractor during the
painting operation. The routing and/or scheduling of the work are to be the
responsibility of the contractor. The City will, however, have a representative available
to assist the contractor with questions concerning the painting operation.
7. The City and the contractor shall meet to inspect the work completed after the first three
days of painting. In addition, the contractor is expected to periodically and frequently
inspect the quality of the work as it progresses.
8. If, during the initial City/contractor inspection or at any other time during the course of
this project, adequate reflectivity is not obtained, the contractor will be duly notified.
The contractor will be given three (3) working days to correct the problem and to
achieve the desired reflectivity. If, after such notice the contractor fails to achieve the
desired reflectivity, the City reserves the right to terminate the contract immediately by
written notice to the contractor. Upon termination of a contract, the contractor will be
paid for only that portion of the painting performed which meets the reflectivity standard.
No payment for material or labor will be made for paint applied which does not meet
the reflectivity standard.
9. The contractor is authorized to store products (painting and chemicals), vehicles
(trucks) and equipment (forklift) and work out of the Hendricks Building owner by the
City.
10. Although not required, the City suggests that painting operations take place between
the hours of 6 PM and 7 AM, Monday through Saturday. However, residential
population density should be considered when choosing sites for night-time painting.
The contractor shall avoid residential areas where painting operations will require a
crew to be at a particular location for more than one (1) hour.
SECTION 01100
Page 3 of 4
For the purposes of this contract, "reasonable steps" as referred to in City Ordinance 6-5-7
shall be defined as not more than one (1) hour at each specific intersection or location.
Equipment shall be adequately muffled to effectively prevent loud or explosive noises there
from.
11. Removal of pavement markings shall comply with Iowa SUDAS Standard Specifications
Division 8, Section 8020-3.02.H
12. The contractor shall supply traffic control for removing and placing painted pavement
markings in compliance with Iowa Department of Transportation Standard Specifications for
Highway and Bridge Construction Section 2527.03.B.
13. Because of the disruption to traffic and the progress of the work itself, the contractor shall
not engage in painting on the following high volume streets between the hours of 3:30 PM
and 6:30 PM.
9th Street
10th Street
141h Street
2011 Street
2211 Street
Asbury Road
32na Street — Lemon to Peru Road
Bluff Street — 8th to 10th Street
Cedar Cross — at Dodge
Central Avenue — all turn lanes, symbols and crosswalks from 4th to 9th Street
Iowa DOT Route: HWY 3 and HWY 52
Iowa DOT Route: HWY 20
Iowa DOT Route: HWY 32
Iowa DOT Route: HWY 611151
Iowa DOT Route: IA 946
Iowa DOT: All Entry/Exit Ramps
JFK Road
Kaufmann Avenue — Central to N. Main
Locust Street
Loras Boulevard
Pennsylvania At JFK and NW Arterial
S. Locust Street
University Avenue
Wacker Drive
White Street — all turn lanes, symbols and crosswalks from 41h to 1111 Street
14. The contractor shall contact Engineering to determine the status of work before painting the
following streets that are on the 2024 Construction Project list:
a. Bike Lane Alternative (scheduling for removal and installation)
b. N Grandview Ave — Loras Blvd to Atlantic St (Pavement Rehab project)
SECTION 01100
Page 4 of 4
c. Bluff St — 91h St to 121h St (Asphalt overlay: centerline, crosswalks, stop bars, parking
spots)
d. 3rd St. — Hill St to N Grandview Ave (Asphalt overlay: crosswalks)
e. Asbury Rd — Seippel Rd to City Limits (Asphalt overlay: centerline, edgelines)
f. Asbury Rd -- NW Arterial to 3860 Asbury Rd (Asphalt overlay: centerline, lane lines,
symbols, stop bars)
g. Asbury Rd — Chaney Rd to Bunker Hill Rd (Asphalt overlay: centerline, stop bars, lane
lines, symbols)
h. Century Dr — Hwy 20 to Bies Dr (Asphalt overlay: centerline, lane lines, stop bars,
symbols)
i. Freemont Ave — 550 to Valentine Dr (Asphalt overlay: centerline)
15. The contractor shall not paint over any pre-existing epoxy markings associated with IDOT
primary highways.
16. Refer to Chapter 3 of the Iowa DOT Traffic and Safety Manuel — Pavement Markings, for
pavement marking details. The contractor shall be responsible for obtaining the Iowa DOT
Traffic and Safety Manuel
17, The City has 28E agreements with Dubuque County and the City of Asbury for pavement
marking maintenance where jurisdictions share roadways. On the sections under this
agreement, where centerline markings are different from those in the City of Dubuque, the
contractor shall match existing markings. Some of these markings require a three -gun
painting system. The following streets or portions thereof are included in the 28E
agreement:
a. Old Highway Road — US 20 westerly to Seippel
b. Cousins Road — Old Highway south to terminus
c. Peru Road — City Limits north to Riverside
d. Seippel Road — Cottingham north to Chavenelle
e. John F. Kennedy Road — City Limits north to Derby Grange
18. The City has entered an agreement with the Iowa Department of Transportation for
pavement marking maintenance to include portions of Iowa DOT Lines and Symbols and
Legend pavement markings on Iowa DOT Routes. These routes include:
a. US 20 (Dodge Street): Julien Dubuque Bridge to Barrington Drive
b. US 52 (SW Arterial): US 20 to US 61
c. US 61/151: Wisconsin Bridge to Elmwood Drive
d. IA 946 (Locust Street Connector): US 52/61/151 to US 20
e. S. Locust Street: US 20 to US 52/61/151
f. All Entry/Exit Ramps
As part of the agreement with the City and the Iowa Department of Transportation, the portions
of Lines and Symbols and Legends pavement markings shall be bid, constructed, and measured
separately using the Bid Proposal Form, Section 00400.
==== END OF SECTION 01100 ====
SECTION 01200
Page 1 of 1
PAVEMENT MARKING LOCATIONS INTERACTIVE MAP
SECTION 01200
Click on the following link below to access map
2024 Pavement Marking Project (arcgis.com)
Scan the QR code below to access map
==== END OF SECTION 01200 ====
Bond Number: 7462999 SECTION 00600
Page 1 of 4
PERFORMANCE PAYMENT AND MAINTEN-ANX-F- BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Ostrom Painting & Sandblasting,Inc., as Principal (hereinafter the "Contractor" or
"Principal") and Old Republic SuretV 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 two hundred twenty-four thousand twenty-five dollars and twenty-nine
cents($224,025.29), 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 18th day of June, 2024, (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 2024 Pavement Marking Project detail the following
described improvements:
The scope of the project is as follows: Furnish, install, maintain, and remove
permanent pavement markings to include Lines and Symbols and Legends on City
of Dubuque streets as directed by the City Engineer. Also to include portions of
Iowa DOT highway pavement markings as directed by the City Engineer.
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:
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 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.
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
SECTION 00600
Page 2 of 4
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.
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• - •• r•-• - - -
• - - - -
op•• - - -w . - - • u- - -
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract.
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do 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.
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
SECTION 00600
Page 3 of 4
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way
but shall include the actual and reasonable costs and expenses incurred by the Owner
including interest, benefits, and overhead where applicable. Accordingly, "all outlay and
expense" would include but not be limited to all contract or employee expense, all
equipment usage or rental, materials, testing, outside experts, attorney's fees (including
overhead expenses of the Owner's staff attorneys), and all costs and expenses of
litigation as they are incurred by the Owner. It is intended the Contractor and Surety
will defend and indemnify the Owner on all claims made against the Owner on account
of Contractor's failure to perform as required in the Contract and Contract Documents,
that all agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Owner will be
fully indemnified so that it will be put into the position it would have been in had the
Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change orders,
or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform
all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents,
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined
in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract,
or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the
Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally accepted
meaning in the construction industry, it shall be interpreted or construed according to its common or
customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Project No. 5521000013
Witness our hands, in triplicate, this 21st
SURETY,COUNTERSIGNED BY:
Z,
Signature of Agent
Daniel P. Curran
Printed Name of Agent
220 Emerson PI., #200
Company Address
Davenport, IA 52801
City, State, Zip Code
563-322-3521
Company Telephone Number
PRINCIPAL:
Ostrom Pair & Sandblasting, Inc.
ContraCtO
By:
nature
Robert Walker
Printed Name
Vice President
NOTE:
SECTION 00600
Page 4 of 4
day of June , 2024.
Titie
FOR PROVED BY:
R resentative for Owner
SURETY:
Old Republic Surety Company
Surety Company
By: .� "
Signature Attorney -in -Fact Officer
Daniel P. Curran
Printed Name of Attorney -in -Fact Officer
Arthur J. Gallagher RMS, Inc.
Company Name
1415 - 28th St., #420
Company Address
West Des Moines, IA 50266
City, State, Zip Code
262-797-2640
Company Telephone Number
1. All signatures on this performance, payment, and maintenance Bond must be
original signatures in ink; copies, facsimile, or electronic signatures will not be
accepted.
2. This Bond must be sealed with the Surety's raised, 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.
==== END OF SECTION 00600 ====
* *
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint: DANIEL P, CURRAN OF DAVENPORT, IA
its true and lawful Attorneys) -in -Fact, with full power and authority, not exceeding $50,000,000, for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste
management bonds, hazardous waste remediation bonds or black lung bonds), as follows:
ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE MILLION ($25,000,000) FOR ANY SINGLE OBLIGATION
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may
remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF
affixed this 6TH
OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
_ day of September 2018
""I'suR OLD REPUBLIC SURETY COMPANY
4 w 0 " 11119' El Q -
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o' SEAL , _
O ? i991 f T
Assistant Secretary *' President
Miry„n, ,
STA E OF WISCONSIN, COUNTY OF WAUKESHA - SS NI I I rtlt5it,\,•\,\
On this 6TH day of September 2018 personally came before me, Alan Pay&,
and Jane E. Cherney to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that
they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
R. A /y
Notary Public
..........
My Commission Expires: September 28, 2022 _
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney, are now in force.
..................
,U!'I.I,Inlq,,
,r`tiG sllgRrY%.
coaron, 21 st June 2024
40 1817
e ; - Signed and sealed at the City of Brookfield, WI this daf
o= g SEAL
1981 / T
ORSC 22262 (3-061 ..,s*I"I,\n\o\`.
Assistant Secretary Irlor