Approve Contract with Tucktara, LLC for Single-Family Home at 2527 Washington St.City of Dubuque
City Council Meeting
ITEM TITLE:
SUMMARY:
SUGGESTED
DISPOSITION:
Copyrighted
August 19, 2024
Public Hearings # 05.
Hold Public Hearing to Approve Contract with Tucktara, LLC for
Construction of a Single -Family Home on a City -Owned I nfill Lot at 2527
Washington Street
Proof of publication on notice of public hearing to consider City Council
approve a contract with Tucktara, LLC, for construction of a single-family
home on a City -owned infill lot located at 2527 Washington Street and
authorize the Mayor to execute the Contract for this Project, and City
Manager recommending approval.
RESOLUTION Approval of contract for construction of a single-family
home on a city -owned infill lot located at 2527 Washington Street, in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description
MVM Memo
2527 Washington Public Hearing - Staff Memo
2527 Washington Public Hearing - Resolution
Contract
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
AIFberka city
2007.2012.2013
2017*2019
SUBJECT: Hold Public Hearing to Approve Contract with Tucktara, LLC for
Construction of a Single -Family Home on a City -Owned Infill Lot at 2527
Washington Street
DATE: August 14, 2024
Housing & Community Development Director Alexis Steger is recommending City
Council approve a contract with Tucktara, LLC, for construction of a single-family home
on a City -owned infill lot located at 2527 Washington Street and authorize the Mayor to
execute the Contract for this Project.
The City of Dubuque issued a Request for Bid to construct this home in April 2024, and
two bids were received. The lowest bid was from Tucktara, LLC, totaling $290,000 for
the construction of this energy -efficient home.
When construction is complete, the home will be sold to a low -moderate income
homebuyer.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing & Community Development Department
Maddy Haverland, Urban Development and Housing Rehabilitation Project
Manager
THE CITY OF Dubuque
Masterpiece on the Mississippi
2007 • 2012 • 2013 • 2017
To: Michael C. Van Milligen, City Manager
From: Alexis M. Steger, Housing & Community Development Director
Subject: Hold Public Hearing to Approve Contract with Tucktara, LLC for
Construction of a Single -Family Home on a City -Owned Infill Lot at 2527
Washington Street
Date: August 9, 2024
INTRODUCTION
The purpose of this memorandum is to request that City Council hold a Public Hearing
for the purpose of approving a contract with Tucktara, LLC, for construction of a single-
family home on a City -owned infill lot located at 2527 Washington Street.
BACKGROUND
The City of Dubuque acquired the real property located at 2527 Washington from
Dubuque's True North Corporation in 2020; True North had purchased it in October
2019 with the intention of rehabilitating the existing property. When the property was
acquired, there was a single-family dwelling on the lot that was deemed uninhabitable.
The City requested bids for rehabilitation of the property in 2021 and the lowest bid
exceeded $300,000. Upon further examination of the property, water damage had
considerably deteriorated the limestone foundation and rim joists, resulting in more
extensive rehabilitation. The structure was then deemed not economically viable for
rehabilitation. The structure was deconstructed in 2023, and the lot has been vacant
since that time.
The Housing and Community Development Department strives to find innovative
solutions to community needs, one of which is quality affordable housing. The house
design for this infill lot is the City of Dubuque's first home designed to maximize
affordability, energy -efficiency, and functionality for low -moderate income homebuyers.
Additionally, it is designed to be scalable and replicable so it can easily be constructed
on other buildable City -owned infill lots, utilizing existing infrastructure and providing
housing opportunities in already established neighborhood near parks, bus stops, and
other amenities.
The funding source for this project is Program Income from loans financed by the Local
Housing Trust Fund dollars from the Iowa Finance Authority. These funds are directed
by the Local Housing Trust Fund Advisory Committee, and approval for construction of
this property was received in September 2023.
The City of Dubuque issued a Request for Bid to construct this home in April 2024, and
two bids were received. The lowest bid was from Tucktara, LLC, totaling $290,000 for
the construction of this energy -efficient home.
When construction is complete, the home will be sold to a low -moderate income
homebuyer.
RECOMMENDED ACTION
The City Council is requested to hold a public hearing to award the Contract to
Tucktara, LLC for the construction of a single-family home on a City -owned infill lot
located at 2527 Washington Street, and authorize the Mayor to execute the Contract for
this Project.
Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project
Manager
2
Prepared by Maddy Haverland, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 261-24
APPROVAL OF CONTRACT FOR CONSTRUCTION OF A SINGLE-FAMILY HOME ON
A CITY -OWNED INFILL LOT LOCATED AT 2527 WASHINGTON STREET, IN THE
CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque, Iowa (City) owns 2527 Washington Street (the
Property) legally described as:
Lot 29 in E. Langworthy's Addition of Part of Mineral Lot 320 in the City of
Dubuque, Iowa, according to the recorded plat thereof; and
Whereas, the City of Dubuque established a Local Housing Trust Fund which
generates program income to contribute to low -moderate income housing activities as
directed by the Local Housing Trust Fund Advisory Committee; and
Whereas, it is the recommendation of the Local Housing Trust Fund Advisory
Committee to enter a contract with Tucktara, LLC, to construct a single-family home in
accordance with the plans, specifications, terms and conditions set out in said Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the contract for construction of a single-family home on the city -
owned infill lot at 2527 Washington is hereby awarded to Tucktara, LLC, and the Mayor
is hereby directed to execute the contract on behalf of the City of Dubuque for the
project.
Passed, approved, and adopted this 19th day of August 2024.
Attest
Adrienne Breitfelder; City Clerk
Brad M. Canag 1'i, Mayor
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CONTRACT FOR CONSTRUCTION OF A SINGLE-FAMILY DWELLING
BETWEEN THE CITY OF DUBUQUE
AND
TUCKTARA, LLC
This Community Development Programs Contract (the "Contract"), dated for reference purposes
the August 19, 2024 is made and entered into by and among the City of Dubuque, Dubuque, Iowa
52001 (the "City of Dubuque"), Tucktara, LLC, (the "Contractor") of 9565 Royal Wood Dr.,
warranting itself to be certified and qualified to perform the work specified herein, located at the
real property located at 2527 Washington in Dubuque, Iowa and legally described as Lot 29 in E.
Langworthy's Addition of Part of Mineral Lot 320 in the City of Dubuque, Iowa, according to the
recorded plat thereof, (the "Property"), for the construction of a new single-family dwelling on a
vacant lot as described herein (the "Project").
This Contract consists of the following:
• General Conditions, as described herein;
• Bid and Proposal, as attached hereto;
and the following documents incorporated herein by reference and identified as follows:
"EXHIBIT A" DRAWINGS/PLANS
"EXHIBITB" PROJECT SPECIFICATIONS
"EXHIBIT C" SCHEDULE F INSURANCE REQUIREMENTS
"EXHIBIT D" CITY OF DUBUQUE STANDARD TERMS AND CONDITIONS which
supersede any inconsistent terms and conditions in this Contract
"EXHIBIT E" PERFORMANCE, MAINTENANCE AND PAYMENT BOND
GENERAL CONDITIONS
1. BID AND PROPOSAL: The Bid and Proposal for the Project is subject to acceptance and
approval by the City of Dubuque. If for any reason any the Project is disapproved, then the entire
Contract shall be null and void.
2. NOTICE TO PROCEED: The City of Dubuque shall issue a written Notice to Proceed within thirty
(30) days from its acceptance of the Contractor's Bid and Proposal, and no work shall be
commenced by the Contractor until they have received such Notice to Proceed. If the Proceed
Order is not received by the Contractor within thirty (30) days from the date the City of Dubuque
accepts the Contractor's Bid and Proposal, then the Contractor shall have the option of
withdrawing their Bid and Proposal.
3. WORK PERFORMANCE: The Contractor shall satisfactorily complete all work within 180 days of
commencement. This contract may be extended upon written agreement of both parties.
4. CONTRACT COSTS: For a price not to exceed $290,000 for construction or as amended through
properly executed and approved change orders as provided in this Contract, the Contractor
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hereby agrees to provide all labor and materials for the Project, in accordance with Work
Specifications.
5. PAYMENT SCHEDULE:
a. Progress Payments. The Contractor may request progress payments when the following
work has been approved by the City:
i. Foundation Completion: 25% of Contracted Project Costs
ii. Framing Completion: 25% of Contracted Project Costs
iii. MEP Rough Ins: 25% of Contracted Project Costs
b. Final Payment. Final payment will be made to the Contractor no later than thirty (30)
days after the final inspection of the Project, Certificate of Occupancy is issued, and all
required lien waivers have been delivered to the City of Dubuque.
c. Request for progress and final payment shall be made by submitting an invoice to the
City of Dubuque for amounts not to exceed the percentages outlined in section 6(a). The
City of Dubuque's remittance policy is net 30 days.
6. Measurements stated in the Project Specifications or Drawings are only approximate. The
Contractor is responsible for making exact measurements to assure that the specific items
called for in the Project Specifications and Drawings will be properly completed. Any errors or
omissions in the descriptions therein do not relieve the Contractor of their responsibility to
deliver the completed Project in accordance with generally accepted practices.
7. The Contractor agrees:
a. Prior to the commencement of any work on the Project, and at all times during the
performance of this Contract, Contractor shall procure and maintain insurance as
required by EXHIBIT C (Insurance Schedule F), attached hereto and incorporated herein
by this reference, shall provide valid certificates of coverage to the City of Dubuque as
required by EXHIBIT C, and shall comply with all other requirements contained in
EXHIBIT C. No cancellation or change to any such insurance shall be permitted without
a written notice of such change or cancellation, which must be presented to the City of
Dubuque no less than thirty (30) days prior to any such alteration. If any insurance
coverage required by EXHIBIT C hereof is due to expire during the contract period, a new
certificate of coverage shall be presented to the City of Dubuque in accordance with the
requirements contained in EXHIBIT C.
b. Contractor shall provide the Performance, Payment and Maintenance Bond (EXHIBIT E)
prior to the commencement of construction.
c. Obtain and pay all permits and licenses necessary for the execution and completion of
the work and labor to be performed.
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d. Perform all work in accordance with the Project Specifications (EXHIBIT B) and Drawings
(EXHIBIT A). Where the Project Specifications or Drawings are silent or ambiguous, the
Contractor shall immediately contact the City of Dubuque for appropriate instructions.
If the Project Specifications or Drawings conflict with local codes or ordinances, the
more stringent requirements shall apply.
e. Work performed under this Contract shall be guaranteed for a minimum period of one
(1) year from the date of the Certificate of Occupancy. All manufacturers' and suppliers'
written guarantees and warranties covering materials and equipment furnished under
this Contract shall be given to the City of Dubuque to be transferred to the purchaser of
the property.
8. The Contractor shall defend, indemnify, and hold harmless the City of Dubuque, including its
elected and appointed officials, employees, volunteers, boards, commissions, and authorities,
including all board members, employees, and volunteers of each such board, commission, or
authority, from any liability whatsoever or claim for damages related to any claim of bodily
injury, death, property damage, sickness, disease, loss, or expense arising out of or in any way
related to any of the Contractor's actions or omissions under this Contract.
9. Final payment shall not be due the Contractor until the City of Dubuque has received complete
release of all liens arising out of this Contract, receipts covering in full all labor and materials for
which a lien could be filed, or a bond satisfactory to the City of Dubuque.
10. No modification of this Contract shall be made except by written change order, signed by the
Contractor and approved by the City of Dubuque. Any changes made to this Contract without
obtaining such approval shall be the Contractor's liability.
11. Contractor certifies that they are not a public official, nor are they a board member or
commission member of any board or commission of the City of Dubuque.
12. If the Contractor defaults or neglects to carry out the work in accordance with this Contract, or
fails to perform any provision of this Contract, the City of Dubuque may, after seven (7) days
written notice to the Contractor and without prejudice to any other remedy it may have, make
good such deficiencies and may deduct the cost thereof from the payment then or thereafter
due the Contractor. If the unpaid balance of the contract sum exceeds the expense of finishing
or correcting the work, such excess shall be paid to the Contractor. If such expense exceeds the
unpaid balance of the Contract, the Contractor shall pay the difference to the City of Dubuque.
13. The City of Dubuque reserves the right, upon recommendation of its Director of Housing and
Community Development, to terminate this Contract for reasonable cause. Reasonable cause
shall be generally defined as any action or omission which demonstrates unwillingness or
inability on the part of the Contractor to carry out the work in a timely and professional manner,
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with minimum inconvenience to the Owner. Such actions or omissions may be explicit or
implicit and include, but are not limited to:
a. Failure by the Contractor to keep scheduled appointments with the City of Dubuque.
b. Flagrant disregard by the Contractor of the rights of the City of Dubuque under this
Contract, including the misrepresentation of any provision of the Project Specifications
or Drawings.
c. Consistent production of unacceptable work by the Contractor or any subcontractor.
14. The Director of Housing and Community Development of the City of Dubuque shall be the
interpreter of the terms and conditions of termination of this Contract and the sole judge of the
Contractor's performance hereunder. The City of Dubuque shall provide the Contractor with
seven (7) days' written notice of termination.
15. Neither the final payment nor any provision of this Contract shall constitute an acceptance of
work not done in accordance with this Contract or otherwise relieve the Contractor of liability in
respect to any warranty or responsibility for faulty materials or installation. The Contractor shall
promptly remedy any defects in the work performed hereunder and pay for any damage to the
Property or its contents resulting therefrom, which may appear within a period of one (1) year
from the date of final acceptance of the work. The City of Dubuque or subsequent purchaser of
the Property shall give prompt written notice of observed defects in materials or installation to
the Contractor and the City of Dubuque.
16. This Contract, together with any documents attached hereto or explicitly referenced herein,
contains the entire agreement of the parties.
17. The City of Dubuque shall release all monies due the Contractor for work satisfactorily
performed under this Contract, regardless of any problem, complaint, or dissatisfaction with
work or materials contracted for, either orally or in writing, outside of the scope of this Contract.
18. The City of Dubuque reserves the right to institute legal proceedings in any instance where the
Contractor has failed or threatened to fail to comply with the terms of this Contract.
19. The Contractor, including any subcontractor, shall be prohibited from inducing, by any means,
any person employed in the construction, completion, or repair of any work connected to the
Project to give up any part of the compensation to which they are entitled.
20. The Contractor agrees to comply with Iowa Civil Rights Act of 1965.
21. This Contract shall be interpreted and enforced pursuant to the laws of the State of Iowa,
without regard to its conflicts of laws provisions. Any dispute hereunder, if not otherwise
resolved pursuant to the provisions of this Contract, shall be resolved in the Iowa District Court
in Dubuque County, Iowa. The parties hereby irrevocably consent to the jurisdiction of said
court.
22. Section and paragraph headings are for convenience only and shall not affect the interpretation
or enforcement of any provision of this Contract.
23. The Contractor warrants and represents that, to the best of their knowledge and belief, no
officer, employee, or agent of the City of Dubuque who exercises any function or responsibility
in connection with the carrying out of the Project to which this Contract pertains, has any
personal financial interest, direct or indirect, in this Contract.
Each of the persons signing below on behalf of any party hereby represents and warrants that
they are signing with full and complete authority to bind the party on behalf of whom they are
signing to each and every term of this contract.
IN WITNESS WHEREOF, the Parties have executed this Contract as of the day of August 19, 2024.
CITY OF DUBUQUE, IOWA
50 W 13`h Street
Dubuque, IA 52001
Signat re
Brad Cavan.: ' .yor
TUCKTARA, LLC
9565 Royal Wood Dr.
Dubuque, IA 52001
dodoop verified
08/13/24 9:12 AM CDT
ZGEG-FAHX-MJPR-KM41
Signature
Tom Kelzer, Owner
5
GENERAL COMPANY INFORMATION FORM
Company Name
tucli"ft&ro GC-c
Company Address
9Sr. 6.S «oya ( w cad Or
General Description of the Company:
fkanagvrn ehy
oh-cti ee(, ( en art net/InnSfiu ef,o�
Type of Organization (franchise, corporation, partnership, etc.)
Number of years in business:
(Cyrl
tiaba, ire
References
List three (3) customers who are current or have been served by your company within the last
three (3) years with projects of similar scopes of work. (Name of Company or Person,
address, contact person, phone number)
Reference #1 - Name:
Address:
Contact Person & Phone:
Date & Description of Job:
Contract Value:
Reference #2 - Name:
Address:
Contact Person & Phone:
Date & Description of Job:
Contract Value:
Reference #3 - Name:
Address:
Contact Person & Phone:
Date & Description of Job:
Contract Value:
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Personnel
Name and title of person
overseeing the City project:
Office Phone:
Mobile:
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Email:
/ie/2 erS R.`derPun gere_hhrb/sconi
Names, titles and years of experience of persons expected to service the City project:
Safety Record
Has your company received an OSHA violation in the past five (5)
years?
Yes
>SNo
If yes, please attach copies of the citations and an explanation of how they have been
resolved.
SIGNATURE PAGE FORM
The undersigned, having examined these documents and having full knowledge of the
condition under which the Work described herein must be performed, hereby proposes
fulfillment of the obligations contained herein in accordance with all insurance documents,
instructions, terms, conditions, and specifications set forth; and that all required Work be
furnished and that all incidental costs be paid in strict conformity with these documents,
for the stated prices as payment in full.
Submitting Company or Contractor: T c M Ta e o LLL
Address: 95 6 f Goya ( t.o oo 01 Pr
City: Pt-f-0. County: Oct bug k e State: X A Zip 52 O
Authorized Representative —Gin ti2/z q r Title:
awl ee/hmt ,ne
Authorized Signature: � � me
Date: S-3/-2 y E-mail: "r({e(zee a i VorICarito'ryYj x
43(
Fax # ( )
Phone (S63) NZ' 2141(
0€01.,tcr optio/-) — IR,Ooo -Far Sh;49/ed 12tafi
pedact o(or' e,000 �or Via y f Srdtng
FIRM PRICING
Offered pricing shall remain firm for a minimum of sixty (60) days after the due date of
this solicitation unless indicated otherwise. Accepted pricing shall remain firm for the
duration of the contract.
ADDENDA (It is the bidder's responsibility to check for issuance of any addenda}
The above -signed hereby acknowledges receipt of the following addenda:
Addenda Date: Addenda Date:
Number: Number:
Addenda Date: Addenda Date:
Number: Number:
BID SECURITY or BID BOND
(If total bid $25,000 or above)
Accompanying this bid is a 3 ; J. hti ,t of
(Insert: "Certified Check", "Cashier's Check", "Certified Share Draft", "Bid Bond" as applicable)
in the amount of (5% of the total bid amount) $ (C, 6z cC payable to the City of Dubuque,
which it is agreed to be forfeited to the CITY if the undersigned fails to execute the contract in
accordance with the form of contract incorporated in the contract documents and required by the
contract documents within ten (10) days from Notification of Award of the contract to be
undersigned. Checks submitted for bidding purposes will be returned as soon as possible after
the bid opening for all but the low bidder.
In submitting this proposal, it is understood and agreed by the undersigned that the right is
reserved to the CITY to reject any or all proposals or to waive informalities and irregularities and
to enter into such contracts that the CITY deems to be in the best interest of the CITY. It is further
understood and agreed that this proposal may not be withdrawn for a period of thirty (30) days
from the opening thereof.
The undersigned BIDDER understands that the contract(s), if awarded, will be awarded to the
lowest responsible, responsive BIDDER(S) based on approved equipment, workload, and work
history.
The undersigned also understands that he/she is to commence work on or before the date given
in the Notice to Proceed and complete the work within the time period indicated in the contract
documents, subject to any extension of time which may be granted by the CITY.
The undersigned BIDDER understands that the City of Dubuque, or any authorized
representatives shall have right of entry to the project site for access and inspection and
proper facilities will be provided.
The name and address of the insurance company which BIDDER purposes to furnish the
specified Certificates of Insurance is:
jne��ha.Cf f Ndt';onq I gon,lii ng Z'nc'Zw /%' Mr D esiv/o,nCr X R Sa?b/ 3vOf
Name of Insurance Company Address State Zip
The BIDDER is required to indicate the name and address of all subcontractors.
00430
BID BOND
BIDDER (Name and Address):
Tucktare, LLC.
BID BOND FORM
9565 Royal Wood Dr
Pcosta. IA 52068
SURETY (Name and Address):
Merchants National Bonding, Inc.
P.O. Box 14498, Des Moines, IA 50306-3498
OWNER (Name and Address):
City of Dubuque
BID
BOND
50 W. 13th St.
Dubuque, IA 52001
BID DUE DATE: Mav 31, 2024
PROJECT (Brief Description Including Location):
Construction of a Single -Family Dwelling: 2527 Washington St. Dubuque, IA
BOND NUMBER:469412
DATE (Not later than Bid due date):May 31. 2024
PENAL SUM:Five Percent of Bid Amount
(Words)
5 %
(Figures)
IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the
terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its
behalf by its authorized officer, agent, or representative.
BIDDER
Tuclttara NEC
Bidder's Name and Corporate Seal
By- C:771--171an
Signature a We
Tom Kelzer
Owner/Managing Member
Attest:
(Seal)
Signature and Title
SURETY
Merchants National Bonding, Inc. (Seal)
Suretys Name and Corporate Seal
By: F'sz r YY( 1.1JJ.-1. 4re-r0--
Signature and Title
(Attach Power of Attorney)
Jena M Wilwert Attorney -in -Fact
Attest: !, 9�
LYE // ( t °Caw)//Kart' §-ar"
Signature and Title
Note: (1)
(2)
CON 0690 (8/18)
Above addresses are to be used for giving required notice.
Any singular reference to Bidder, Surety, OWNER or other party shall be
considered plural where applicable.
00430-1
Bid Bond Form
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors,
administrators, successors and assigns to pay to OWNER upon default of Bidder the
penal sum set forth on the face of this Bond.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by
the Bidding Documents (or any extension thereof agreed to in writing by OWNER) the
executed Agreement required by the Bidding Documents and any performance and
payment Bondsrequired by the Bidding Documents.
3. This obligation shall be null and void if:
3.1. OWNER accepts Bidder's Bid and Bidder delivers within the time required by the
Bidding Documents (or any extension thereof agreed to in writing by OWNER) the
executed Agreement required by the Bidding Documents and any performance and
payment Bonds required by the Bidding Documents, or
3.2. All Bids are rejected by OWNER, or
3.3. OWNER fails to issue a Notice of Award to Bidder within the time specified in the
Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if
applicable, consented to by Surety when required by paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default by Bidder and within 30
Calendar Days after receipt by Bidder and Surety of written notice of default from
OWNER, which notice will be given with reasonable promptness, identifying this Bond and
the Project and including a statement of the amount due.
5. Surety waives notice of and any and all defenses based on or arising out of any time
extension to issue Notice of Award agreed to in writing by OWNERand Bidder, provided that
the total time for issuing Notice of Award including extensions shall not in the aggregate
exceed 120 days from Bid due date without Surety's written consent.
6. No suit or action shall be commenced under this Bond prior to 30 Calendar Days after
the notice of default required in paragraph 4 above is received by Bidder and Surety
and in no case later than one year after Bid due date.
7. My suit or action under this Bond shall be commenced only in a court of competent
jurisdiction located in the state in which Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their
respective addresses shown on the face of this Bond. Such notices may be sent by
personal delivery, commercial courier or by United States Registered or Certified Mail,
retum receipt requested, postage pre -paid, and shall be deemed to be effective upon
receipt by the party concemed.
9. Surety shall cause to be attached to this Bond a current and effective Power or
Attorney evidencing the authority of the officer, agent or representative who executed
this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the
Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any
applicable requirement of any applicable statute that has been omitted from this Bond shall
be deemed to be included herein as if set forth at length. If any provision of this Bond
conflicts with any applicable statute, then the provision of said statute shall govem and
the remainder of this Bond that is not in conflict therewith shall continue in full force and
effect.
11. The term "Bid" as used herein includes a Bid, offer or proposal as applicable.
00430-2
CON 0690 (8/18)
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,
Jena M Wilwert
their true and lawful Attomey(s)-in-Fad, to sign Its name as surery(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 folkwdng 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
MerchantsNational 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 o 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, mcognfzances, 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 c bligalions of the
Company, and such signature and seal when so used shall have the same fame 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 horny 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
contrails required by the State of Florida Department of Transportation. his 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 surely company of any of
its obfigatlons 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 Wdness Whereof, the Companies have caused this Instrument to be signed and sealed this 31st day of May , 2024
ice •
t1••6 ••,p• MERCHANTS NANDTWNAL BONDING, INC.MERCHANTS J��)
Q\N COS .
sa tie" %. o : Oo�OgP09�� /yam dlb/a MERCHANTS NATIONAL INDEMNITY COMPANY
a * -0- lit •ry-C: -o- rot
E2: •z:
2003 i D: : y,1933 : c ,
"'••...........• .........
•'
STATE OF IOWA
COUNTY OF DALLAS ss.
On this tit at day of May , 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 saki instrument was signed and sealed in behalf
of the Companies by authority of their respective Boards of Directors.
Bond #: 469412
TOWN
Penni Miller
Commission Number 787952
My Commission Expires
January 20, 2027
(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 exectted by said Companies. wHch is still in full
force and effect and has not been amended or revoked.
In WAless Whereof, I have hereunto ................. and affixed the seal of the Companies on this 31st day of May . 2024 .
tut..-POA�'A� .�pU1� CpyA..
oAy `fit► Rer. Z : • :Ca O;p-�4`.
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v. 2003 .. y:. 1833 .-c
=,a • �y Vie.
Preeid
774,
POA 0018 (1/24)
if/des eirat-->a
Madeline Haverland
From: tkelzer@riverrunrealtydbq.com
Sent: Tuesday, June 25, 2024 2:34 PM
To: Shane Hoeper
Cc: Madeline Haverland
Subject: 2527 Washington
Caution! This message was sent from outside your organization. Never give your login
information and password over email!
Allow sender I Block sender
Shane,
We propose to build the house at 2527 Washington for a fee of $290,000. The following allowances are included in
the price:
Flooring= $5000
Cabinetry and tops=$5000
Plumbing Fixture Allowance= $5000 (tub, toilets, bath faucets, kitchen sink and faucet, shower faucet, vanity top)
Let me know if you have any questions.
Tom Kelzer
563-542-2898
River Run Realty
tkelzer@riverrunrealtydbq.com
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- SEE PLAN AND ELEVATIONS FOR WALL HEIGHT
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2X4 TREATED BOTTOM PLATE
2X4 SINGLE WW TOP PLATE
3-1/2" R= 13 4 MIL VAPOR BARRIER
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DRYWALL NOT INCLUDED IN DIMENSIONS
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INTERIOR WALLS MEASURE 3-1/2",
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DECK NOTE:
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250 Harrison St.
Dubuque, IA 52003
Drawn By
Derrick Ward
Scale
1/4" = 11-0"
Date
3-12-2024
Revisions
3-19-2024
Drawing No.
CG-6545
Page
1
of 3
ROOF PLAN
SCALE: 1/4" = 1'-0"
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Dubuque, IA 52003
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Drawn By
Derrick Ward
Scale
1/4" = 1'-0"
Date
3-12-2024
Revisions
3-19-2024
Drawing No.
CG-6545
Page
2
L J
LEFT ELEVATION
RIGHT ELEVATION
L J
of 3
CITY OF UUQUE tECK REQUIREMENTS
PER IRC 2021 R507.9.1.3(1)
PLACEMENT OF LAG SCREWS AND BOLTS IN LEDGERS
LAG SCREW OR BOLT
N
NO SCALE
EXTERIOR SHEATHING
STUD WALL
FLOOR SHEATHING NAILING AT 6" MAX
O.C. TO JOIST WITH HOLD
DOWN
FLOOR FRAMING
STAGGER FASTENERS IN 2 ROWS
5.5" MIN FOR 2X8*
6.5" MIN FOR 2X10
7.5" MIN FOR 2X12
3/4" MIN.
* DISTANCE SHALL BE PERMITTED TO
BE REDUCED TO 4.5" IF LAG SCREWS
ARE USED OR BOLT SPACING IS
REDUCED TO THAT OF LAG SCREWS TO
ATTACH 2X8 LEDGERS TO 2X8 BAND
JOISTS.
FLASHING REQ'D ON LEDGER
PER IRC 2021 FIGURE R507.9.2(1)
DECK ATTACHEMENT FOR LATERAL LOADS
NO SCALE
CONSULT INSPECTOR ON HOLD
DOWN/TENSION DEVICE
REQUIREMENTS
FLOOR FRAMING
PER IRC 2021 FIGURE R507.9.2(2)
DECK ATTACHEMENT FOR LATERAL LOADS
NO SCALE
CONSULT INSPECTOR ON HOLD
DOWN/TENSION DEVICE
REQUIREMENTS
'N.0DECK JOIST
LAG SCREWS OR BOLTS
JOIST HANGER
DECK JOIST
LAG SCREWS OR BOLTS
JOIST HANGER
HOLD DOWN DEVICE MIN. 750#CAPACITY
AT 4 LOCATIONS, EVENLY
DISTRIBUTED ALONG DECK AND ONE
WITHIN 24" OF EACH END OF THE
LEDGER. HOLD DOWN DEVICES SHALL
FULL ENGAGE DECK JOIST PER
MFG.
FULLY THREADED 3/8" DIA. LAG SCREW
PREDRILLED W/ MIN. 3"
PENETRATION TO CENTER OF TOP PLATE,
STUDS, OR HEADER.
EXTERIOR SHEATHING
STUD WALL
FOR MORE
INFORMATION
CONSULT IRC 2021
SECTION 501 ,AND
THE CITY OF
DUBUQUE
EXISTING 2X BAND JOIST OR
ENGINEERED RIM BOARD
FLOOR FRAMING
2" I
5" MAX
2" MI
FOUNDATION
111
IIIIIII��"�041DECK JOIST
� o
LAG SCREWS OR BOLTS
JOIST HANGER
PER IRC 2021 FIGURE R507.9.1.3(2)
PLACEMENT OF LAG SCREWS AND BOLTS IN BAND JOISTS
NO SCALE
OTHER REQUIREMENTS:
FLASHING REQUIRED ON LEDGER
POST ANCHORS REQUIRED
MINIMUM FOOTING DEPTH 42"
STAIR RISERS MUST NOT HAVE
SPACES BETWEEN TREADS THAT A 4"
SPHERE CAN PASS THROUGH
GUARD RAIL HEIGHT
SINGLE FAMILY: 36"
MULTI-FAMILY/APARTMENTS: 42"
IF USING COMPOSITE DECKING, JOIST
SPACING PER MFG. RECOMMENDED
SPACING
/
/
co
•
s•
TYP. STEP
SCALE: 1" = 1'-0"
IRC 2021 R311.7.5.1. R311.7.5.2 R311.7.5.3
RISER HEIGHT NOT MORE THAN 7-3/4"
TREAD DEPTH SHALL BE NOT LESS
THAN 10"
NOSINGS AT TREADS LANDINGS AND
FLOORS OF STAIRWAYS SHALL
PROJECT NOT LESS THAN 3/4" AND
NOT MORE THAN 1-1/4" NOSING
PROJECTION NOT REQUIRED WHERE
TREAD DEPTH IS NOT LESS THAN 11"
NOSINGS SHALL HAVE A RADIUS OF
CURVATURE AT THE NOSING NOT
GREATER THAN 9/16" OR A BEVEL NOT
GREATER THAN 1/2"
SEE FLOOR PLAN FOR OPENING
EQUAL-
MAX 7
3/4"
RISE
2
MAINTAIN 6'-8" MIN
HEADROOM PER CO
STAIR SECTION
SCALE: 1/4" = 1'-0"
/
//
//
Tft ATED JOIST
r2
//
//
//
//
//
//
//
//
WRONG
TREATED 2x BEAM
\\ PLYS SEPARATED
TREATED JOIST
TREATED 2x BEAM
ALL PLYS TOGETHER
ALL SIZES CALLED OUT ON
PLAN ARE FOR PLYS TO WORK
TOGETHER - ANY OTHER
CONFIGURATION MAY CAUSE
BEAM TO FAIL
CORRECT
DECK BEAM DETAIL
SCALE: 1" =
\
SEE ROOF
PLAN FOR HEEL
REFER TO PLAN FOR WALL HEIGHT
REFER TO PLAN FOR WALL HEIGHT
REFER TO PLAN FOR FOUNDATION WALL HEIGHT
R-50 BLOWN
CELLULOSE
INSULATION
5/8" GYP. -
CEILING
5/8" GYP.
CEILING
CONTINUOUS RIDGE VENT or
OTHER MEANS OF VENTILATION
BAFFLE AS REQUIRED FOR ROOF VENTILATION
EAVE PROTECTION TO EXTEND UP FROM THE EDGE
OF THE ROOF 36" UP THE SLOPE, BUT NOT LESS
THEN 12" BEYOND THE INTERIOR FACE OF
THE EXTERIOR WALL.
a - a
TYP. WALL SECTION
SCALE: 1/2" =
LANDMARK SHINGLES AS SPEC'D BY OWNER,
15 lb FELT, 1/2" OSB SHEATHING w/ H CLIPS
ON ENGINEERED ROOF TRUSSES 24" O.C.
TRUSS DESIGN
BY TRUSS MANUF.
HURRICANE CLIPS EACH RAFTER
PREFIN. ALUM. FASCIA (2x6 SUB -FASCIA)
PREFIN. ALUM. GUTTER & DOWNSPOUTS
PREFIN. VENTED ALUM. SOFFIT SYSTEM
SEE ROOF PLAN FOR OVERHANG SIZES
SIDING AS SPEC'D. BY OWNER
1 1/2" R-7.5 XPS RIDGED FOAM INSULATION
7/16" ZIP SHEATHING TAPED AND ROLLED OR LIQUID
FLASHED PER MFG. REQUIREMENTS
2x6 WOOD STUDS @ 24" O.C.
R-21 (REFER TO CODE) INSULATION
1/2" GYP. INTERIOR WALL FINISH-W/ LATEX VAPOR
BARRIER PAINT
3/4" T&G PLYWOOD DECK
NAILED AND GLUED
HVAC DUCTS WHERE REQ'D
14" OPEN WEB FLOOR TRUSS- REFER
TO PLAN FOR HEIGHT
TRIM AS DESIRED
SIDING AS SPEC'D. BY OWNER
1 1/2" R-7.5 XPS RIDGED FOAM INSULATION
7/16" ZIP SHEATHING TAPED AND ROLLED OR LIQUID
FLASHED PER MFG. REQUIREMENTS
2x6 WOOD STUDS @ 24" O.C.
R 21 (REFER TO CODE) INSULATION
1/2" GYP. INTERIOR WALL FINISH W/ LATEX VAPOR
BARRIER PAINT
3/4" T&G PLYWOOD DECK
NAILED AND GLUED
BCI JOISTS @ 16" O.C. - REFER
TO PLAN FOR HEIGHT
SLOPE GRADE AWAY FROM
BUILDING MIN. OF 6"
2x6 TREATED WOOD SILL PLATE
(2x4 PLATE AT BRICKLEDGES)
FASTENED TO FOUNDATION WALL
WITH 1/2" DIA. ANCHOR BOLTS
EMBEDDED MIN. 7" IN CONCRETE
AT 4' 0.C. MAXIMUM SPACING.
PROVIDE SILL BETWEEN
PLATE AND FOUNDATION WALL
REFER TO BASEMENT PLAN (OR LOCAL CODES)
REINFORCED POURED
CONCRETE FOUNDATION WALL
EXCEPT WHERE NOTED OTHER-
WISE ON BASEMENT / FND. PLAN;
WATERPROOF BELOW GRADE
INSULATION AS REQ'D BY LOCAL CODES
4" POURED CONC. SLAB
6 MIL POLY. W/ 6x6 MESH
2" XPS FOAM
4" CRUSHED STONE
4" PERFORATED PLASTIC
DRAIN TILE COVER w/ 1'
OF CLEAN STONE FILL AND
TERMINATE TO AN
APPROVED LOCATION
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250 Harrison St.
Dubuque, IA 52003
Drawn By
Derrick Ward
Scale
1/4" = 1'-0"
Date
3-12-2024
Revisions
3-19-2024
Drawing No.
CG-6545
Page
3
of 3
The Dubuque House - Construction Specs 04/11/2024
Construction must meet the requirements of the 2021 IRC, 2021 UPC, 2020 NEC, and the 2012 IECC
unless more strict requirements are described below.
Foundation —
Elevation and location on lot to be determined by the City of Dubuque
8" x 9' tall reinforced poured concrete foundation walls
Drain tile w/sock inside and outside the foundation walls attached to sump pit located as shown on plan
Approved damp proofing on all concrete walls and footings below ground level
2" XPS foam over 10 mil poly (seams taped) over 4" clean stone under basement slab — XPS foam shall
be on top of footing and butt to wall insulation — poly shall run up 6" on wall
Radon control system shall be installed — venting shall be on north side of structure
Framing —
2x6 exterior wall framing 24" OC — 8' in height
2x4 interior wall framing 24" OC — including basement
8/12 pitch roof framed with roof trusses 24" OC with energy heel
Wall sheathed with 7/16" Zip sheathing — tape joints — all penetrations shall be sealed
Roof sheathed with 1/2" Zip sheathing —tape joints
Sealing — bottom plate to floor, between top plates
Exterior Finishes —
LP Smartside lap siding with 6" exposure — prefinished with in a standard color
Standing seam steel roof in a standard color
1"x4" nominal Smartside window and door exterior trim prefinished white
Soffit and fascia shall be Smartside material - white
White metallic gutters at lower eaves
Green treated front and rear porch materials
House address numerals and mailbox shall be included — style chosen by the City of Dubuque
Insulation -
1 1/2" XPS insulation on exterior of structure and interior of basement walls (including slab edge) — seams
taped — exposed lower edge must be covered by an approved decay resistant material
R19 fiberglass insulation in wall and sill cavities — R11 in basement wall cavities
1 1/2" spray foam on basement sill and top of 2nd floor ceiling
R50 cellulose in attic
Attic hatch must be gasketed and have a latch — located in 2nd floor hall
Fenestration -
Windows shall have a U-factor of .30 or lower — all parts white
1/4 light steel entrance front door prefinished in a standard color — both sides
Full light steel entrance front door prefinished in a standard color— both sides
Basement window shall meet requirements for an emergency escape and rescue opening.
Interior Finishes —
Wallboard shall be sealed around every opening in exterior walls an approved manner
All wallboard finished with an approved texture
All paintable surfaces shall be painted in an approved color and finish
Trim —1x4 nominal wood painted in an approved color — style to be approved by the City
Interior doors — 2 panel flat panel painted in an approved color
Brushed nickel hinges, door stops and lever locks where needed
Cabinets installed - $5000 allowance for cabinets
1st floor shall be laminate - specified by the City of Dubuque
2nd floor shall be carpet - specified by The City of Dubuque
Basement wall framing shall be covered by wallboard — seams and screw heads taped/covered
Wire closet shelving in all closets
Electrical —
Temporary construction service shall be provided
200 amp service — panel in basement utility area as shown on plan
Meter equipment shall include a load panel
Made PV ready —1" EMT installed from basement utility area through the north facing roof plane
Lighting as shown on plan
All lighting shall be LED
Receptacles shall be a standard duplex in white
Doorbell
Coaxial cable shall be run from the mechanical room to each bedroom and the living room — location to
be determined
Plumbing —
Plumbing fixture allowance of $5000
All fixtures shall be Watersense certified
All water lines shall be run from manifolds in the basement utility area
Electric heat pump water heater with a minimum 62 gallon first hour rating
1 exterior spigot at rear of structure
Vents shall be located on north facing roof plane
Heating and cooling —
Ducted air to air heat pump for heating and cooling
Provide option for natural gas furnace in combination with heat pump
Ventilation provided by an ERV — supplies in each bedroom and living room — returns in bathrooms and
kitchen
Provide appropriate venting for dryer
All registers shall be white
Exterior —
Concrete parking pad off of alley - 20'x20'
3' wide sidewalk from front public walk to front porch and from parking pad to rear porch
Lot shall be finish graded and seeded
All damage to neighboring property shall be repaired to their satisfaction
The house shall be "turn key ready" at time of turnover.
All materials shall be installed per manufacturer's specifications
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub -Subcontractors
Class A:
Class B:
Class C:
INSURANCE SCHEDULE F
Asbestos Removal Fiber Optics Sanitary Sewers
Asphalt Paving Fire Protection Sheet Metal
Concrete Fireproofing Site Utilities
Construction Managers General Contractors Shoring
Cranes HVAC Special construction
Culverts Mechanical Steel
Decking Paving & Surfacing Storm sewers
Demolition Piles & Caissons Structural Steel
Deconstruction Plumbing Trails
Earthwork Retaining Walls Tunneling
Electrical Reinforcement Water main
Elevators Roofing
Chemical Spraying Landscaping Rough Carpentry
Doors, Window & Masonry Stump Grinding
Glazing Vehicular Snow Removal Tank Coating
Drywall Systems Painting & Wall Covering Tree Removal
Fertilizer Application Pest Control Tree Trimming
Geotech Boring Scaffolding Tuckpointing
Insulation Sidewalks Waterproofing
Finish Carpentry Plastering Well Drilling
Carpet Cleaning General Cleaning Power Washing
Carpet & Resilient Grass Cutting Tile & Terrazzo Flooring
Flooring Janitorial Window Washing
Caulking & Sealants Non Vehicular Snow &
Acoustical Ceiling Ice Removal
Filter Cleaning Office Furnishings
Page 1 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
1. Contractor shall furnish a signed certificate of insurance to the department responsible for the
contract for the coverage required in Exhibit I prior to commencing work and at the end of the
project if the term of work is longer than 60 days. Contractors presenting annual certificates shall
present a certificate at the end of each project with the final billing. Each certificate shall be
prepared on the most current ACORD form approved by the Iowa Department of Insurance or an
equivalent approved by the Director of Finance and Budget or Designee. The certificate must
clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project # Project name: or
Project Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate required shall be furnished to the Department of the City of
Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a
waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this contract.
5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurance from all such subcontractors and sub -subcontractors.
Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to
obtain and maintain such coverage. The City may request a copy of such certificates from the
Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or
other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are
higher than the required minimum limit, then the contractor's limits shall be this agreement's
required limits.
9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
12. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the contract, subject to
mutual agreement of the parties.
Page 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01 or business owners form BP 00 02 shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General
Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations).
6) The additional insured endorsement shall include completed operations under
ISO form CG 20 37 during the project term and for a period of two years after the
completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement
providing thirty (30) days advance written notice of cancellation, non -renewal,
reduction in insurance coverage and/or limits and ten (10) days written notice of
non-payment of premium shall be sent to: City of Dubuque Finance Department,
50 West 13th Street Dubuque, Iowa 520019) Contractor and subcontractor
shall not use any drone without the prior written approval of the city of Dubuque.
Any drone usage must comply with above liability limits and the additional
insured endorsement must name the City of Dubuque with respect to aircraft
liability coverage.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A
Coverage B
Statutory —State of Iowa
Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Page 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor shall have a copy of the State's Nonelection of
Workers' Compensation or Employers' Liability Coverage form on file with the Iowa
Workers' Compensation Insurance Commissioner, as required by Iowa Code Section
87.22. Completed form must be attached.
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's
business does not own any vehicles, coverage is required on non -owned and hired
vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
The General Liability, Automobile Liability and Workers Compensation Insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including but not limited to Waiver of Subrogation and Primary and Non-
contributory in favor of the City.
All Class A contractors with contract values in excess of $10,000,000 must have
umbrella/excess liability coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and
$10,000,000 must have umbrella/excess liability coverage of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella
regardless of the contract value.
E) POLLUTION LIABILITY
Coverage required: Yes No
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead,
asbestos, or PCB's. Pollution product and complete operations coverage shall also be
covered.
Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
Each Occurrence
Policy Aggregate
$2,000,000
$4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations)
or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-
contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution
Liability -Broadened Coverage for Covered Autos, or equivalent
endorsement if the contractor has vehicles that transport fuel onto the
Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: Yes No
Any contract for construction or demolition work on or within fifty feet (50') from the edge
of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds,
tunnel, underpass, or crossing, for which an easement, license or indemnification of the
railroad is required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
OR
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17
(Contractual Liability -Railroads). A copy of this endorsement shall be attached to the
certificate of insurance.
Page 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
CITY OF DUBUQUE STANDARD TERMS AND CONDITIONS
ACCELERATED PAY DISCOUNTS - Accelerated discounts should be so stated on the bid
submittal page. If quick pay discounts are offered, the City reserves the right to include that
discount as part of the award criteria. Prices must, however, be based upon payment in
net thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay
discounts will be calculated from the date of the invoice or the date of acceptance,
whichever is later.
ADA COMPLIANCE
1. The Contractor shall comply with all applicable provisions of the Americans with
Disabilities Act (Public Law 101-336, 42 U.S.C. 12101 et seq.) and applicable Federal
regulations under the Act.
2. Bids for design, construction, programs, policies and concessions of any type shall
comply with the 2010 Standards for Accessible Design, the ADA title II regulation,
Section 504 of the 1973 Rehabilitation Act, and similar statutes and regulations
prohibiting discrimination on the basis of disability.
3. The Contractor shall ensure that its websites and all online services, including those
websites or online services provided by third parties upon which Dubuque relies
to provide services or content, comply with, at minimum, Web Content Accessibility
Guidelines - WCAG 2.0 AA.
ASSIGNMENT - The City and the Contractor each are hereby bound and the partners,
successors, executors, administrators and legal representatives of the City and the
Contractor are hereby bound to the other party to the Contract and to the partners,
successors, executors, administrators and legal representatives (and said assigns) of such
other party, in respect of all covenants, agreements and obligations of the Contract. Any
assignment or attempt at assignment made without prior written consent of the City shall
be void.
BID CURRENCY/LANGUAGE - All bid prices shall be shown in US Dollars ($). All prices
must remain firm for the duration of the Contract regardless of the exchange rate. All bid
responses must be submitted in English.
BID FORM - Each bidder must submit an original bid and additional copies as required on
the forms attached. The bidder shall correctly sign the bid, and the bid may be rejected if
it shows any omissions, alterations of the form, additions not called for in the bid, or any
irregularities of any kind. In case of a discrepancy between the unit price and the extended
price, the unit price shall prevail.
BID INFORMATION IS PUBLIC — The bid and all documents submitted with any bid shall
become public documents subject to Iowa Code Chapter 22, which is otherwise known as
the "Iowa Open Records Law". By submitting the bid any document to the City of Dubuque
in connection with a bid, the submitting party recognizes this and waives any claim against
the City of Dubuque and any of its officers and employees relating to the release of any
document or information submitted. Each submitting party shall hold the City of Dubuque
and its officers and employees harmless from any claims arising from the release of any
document or information made available to the City of Dubuque arising from any
Page 1 of 5
opportunity. Bid information requested by the public or other bidders will be provided in an
alternative format if the requestor is a person with a disability and requires an alternative
form for comprehension.
BID REJECTION OR PARTIAL ACCEPTANCE - The City reserves the right to accept or
reject any or all bids or parts thereof. The City further reserves the right to waive
technicalities and formalities in bids, as well as to accept in whole or in part such bids where
it is deemed advisable in protection of the best interests of the City.
CONFLICT OF INTEREST - The Contractor represents, warrants, and covenants that no
relationship exists or will exist during the Contract period between the Contractor and the
City that is a conflict of interest. No employee, officer or agent of the Contractor shall
participate in the selection or in the award if a conflict of interest, real or apparent,
exists. The provisions of Iowa Code ch. 68B shall apply to the Contract. If a conflict of
interest is proven to the City, the City may terminate the Contract, and Contractor shall be
liable for any excess costs to the City as a result of the conflict of interest. The Contractor
shall establish safeguards to prevent employees, consultants, or members of governing
bodies from using their positions for purposes that are, or give the appearance of being,
motivated by the desire for private gain for themselves or others with whom they have
family, business, or other ties. The Contractor shall report any potential, real, or apparent
conflict of interest to the City.
CONTRACT DOCUMENTS — The Contract Documents are this Contract, the Request for
Bids, the Contractor's Bids, and the following additional documents, if any:
In the event of a dispute with respect to any term or condition in the Contract Documents,
they shall be interpreted in the following order: this Contract, the Request for Bids, the
Contractor's Bids, and the following additional documents, if any:
DISPUTES - Should any disputes arise with respect to the Contract, the Parties agree to
act immediately to resolve such disputes. Time is of the essence in the resolution of
disputes. The Contractor agrees that, the existence of a dispute notwithstanding, it will
continue without delay to carry out all of its responsibilities under the Contract that are not
affected by the dispute and the City shall continue to make payment for all Work properly
performed. Should the Contractor fail to continue to perform its responsibilities regarding
all non -disputed work, without delay, any additional costs incurred by the City or the
Contractor as a result of such failure to proceed shall be borne by the Contractor. The
unintentional delayed payment by the City to the Contractor of one or more invoices not in
dispute in accordance with the terms of the Contract will not be cause for Contractor to stop
or delay Work.
FORCE MAJEURE - Force majeure shall be any of the following events: acts of God or the
public enemy; compliance with any order, rule, regulation, decree, or request of any
governmental authority or agency or person purporting to act therefore; acts of war, public
disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or
labor disputes; or any other cause, whether or not of the class or kind specifically named or
referred to herein, not within the reasonable control of the party affected. A delay in or
failure of performance of either party shall not constitute a default hereunder nor be the
basis for, or give rise to, any claim for damages, if and to the extent such delay or failure is
caused by force majeure. The party who is prevented from performing by force majeure
shall be obligated, within a period not to exceed fourteen (14) days after the occurrence or
detection of any such event, to give notice to the other party setting forth in reasonable
Page 2 of 5
detail the nature thereof and the anticipated extent of the delay, and shall remedy such
cause as soon as reasonably possible, as mutually agreed between the parties.
INDEMNIFICATION - To the fullest extent permitted by law, the Contractor shall indemnify
and hold harmless the City, its officers and employees, from and against all claims,
damages, losses and expenses, including but not limited to attorneys' fees, arising out of
or resulting from performance of the Contract, provided that such claim, damages, loss or
expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction
of property, including loss of use resulting therefrom, but only to the extent caused in whole
or in part by negligent acts or omissions of the Contractor, or anyone directly or indirectly
employed by the Contractor or anyone for whose acts the Contractor may be liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a
party indemnified hereunder.
LAWS AND REGULATIONS - The Contract shall be governed, interpreted and enforced
in accordance with all applicable federal, State of Iowa, and local laws, ordinances, licenses
and regulations and shall apply to the Contract throughout, as the case may be. The
Contractor certifies that in performing the Contract it will comply with all applicable
provisions of the federal, state, and local laws, ordinances, licenses and regulations. Venue
for any action arising out of this Contract shall be the Iowa District Court for Dubuque
County, Iowa.
METHOD OF AWARDING - The City reserves the right to make awards based on the entire
bid or on an item by item basis. However, if Contractor's bid is based on an "all or none"
condition, the City may consider its bid non -responsive and reject the entire bid.
NO GIFT STANDARD - The City of Dubuque is committed to upholding the highest ethical
standards in all of its business practices. This standard recognizes the need to avoid even
the perception of improper gifts or favors to employees. Therefore, all suppliers have been
asked to abide by the City's "No Gift" standard. The "No Gift" standard also applies to all
offers of discounts or free items at any place of business targeted toward a City employee
and not available to the general public, regardless of the value.
NON -COLLUSION STATEMENT - Neither the Contractor, nor anyone in the employment
of the Contractor, has employed any person to solicit or procure the Contract nor will the
Contractor make any payment or agreement for payment of any compensation in
connection with the Contract. There is no contract, agreement or arrangement, either oral
or written, expressed or implied, contemplating any division of compensation for Work
rendered under the Contract or participation therein, directly or indirectly, by any other
person, firm or corporation, except as documented in the Contract. Neither the Contractor,
nor anyone in the employment of the Contractor, has either directly or indirectly entered into
any agreement, participated in any collusion or otherwise taken any action in restraint of
free competitive procurement in connection with the Contract.
NON-DISCRIMINATION AND EQUAL OPPORTUNITY - All Contractors that engage in
contracts with the City of Dubuque, Iowa agree as follows: The Contractor will not
discriminate against any employee or applicant for employment because of race, sex, color,
creed, ancestry, national origin, marital status, Familial status, religion, age, disability,
sexual orientation, gender identity, genetic information, status with regard to public
assistance, status as a veteran or any classification protected by federal, state, or local law,
(Protected Classes) except where age and sex are essential bona fide occupational
requirements, or where disability is a bona fide occupational disqualification. Such action
Page 3 of 5
shall include, but not be limited to the following; (a) Employment, (b) Upgrading, (c)
Demotion or transfer, (d) Recruitment and advertising, (e) Layoff or termination, (f) Rate of
pay or other forms of compensation, and (g) Selection for training, including apprenticeship.
The Contractor further assures that managers and employees comply with both the spirit
and intent of federal, state, and local legislation, government regulation, and executive
orders in providing affirmative action as well as equal opportunity without regard to the
protected classes, as stated above. The Contractor will include, or incorporate by reference,
the provisions of the nondiscrimination clause in every contract or subcontract unless
exempt by the rules, regulations or orders of the City and will provide in every contract or
subcontract that said provision will be binding upon each Contractor..
REGULATORY AGENCY COMPLIANCE - Compliance with laws and regulations set forth
by regulatory agencies is required. These agencies include, but are not limited to, OSHA —
Occupational Safety & Health Agency, EPA — Environmental Protection Agency, ICC —
Interstate Commerce Commission, DNR — Department of Natural Resources, and DOT —
Department of Transportation. The City of Dubuque expects that Contractors will offer
expertise on conformance of regulations applying to the products they sell and the Work
they perform.
RIGHT TO PROTEST - Anyone wishing to file a protest concerning (1) the specifications,
(2) the bid procedure or (3) the award of the Contract must do so in writing in accordance
with the City's Protest by bidders which is found in the City's purchasing policy
SAFETY DATA SHEETS - The Hazard Communication Standard (HCS) requires chemical
manufacturers, distributors, and importers to ensure that each container of hazardous
chemicals leaving the workplace is labeled, tagged, or marked and to provide Safety Data
Sheets (SDS) to communicate the hazards of hazardous chemical products. It is the
chemical supplier's responsibility to determine which products are covered and to provide
SDS with the initial shipment. It is also the chemical supplier's responsibility to provide any
updated or revised SDS, as they become available for any products sold and delivered to
the City of Dubuque. City of Dubuque employees shall not accept a shipment of any
chemical that does not have a SDS attached or currently on file. Safety Data Sheets shall
be available in alternative formats if the requestor is a person with a disability and requires
an alternative format for comprehension.
SUBCONTRACTING - All Subcontractors shall be listed in the Contract or in a written
amendment to the Contract.
SUSPENSIONS AND DEBARMENT - The Contractor hereby certifies, pursuant to 2 CFR
pt. 180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in the Contract by any federal agency. The Contractor further certifies that it
is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in any contracts with the City of Dubuque or the State
of Iowa.
TAXES - The City of Dubuque is exempt from sales tax and certain other use taxes. Any
charges for taxes from which the City is exempt will be deducted from invoices before
payment is made.
TERMINATION OF CONTRACT - The City may terminate the Contract at any time for any
reason with or without cause. In that event, all finished or unfinished Work, reports,
Page 4 of 5
materials(s) prepared or furnished by the Contractor under the Contract shall, at the option
of the City, become its property. If the Contract is terminated by the City as provided herein,
the Contractor shall be paid for all Work which has been authorized, provided, and approved
up to the effective date of termination. The City will not be subject to any termination fees
from the Contractor.
WARRANTIES - WORK - The Contractor shall perform Work for the City pertaining to the
Project as set forth in the Contract.
Contractor represents that the Work and all of its components shall be free of defects; shall
be performed in a manner consistent with other Contractors in a similar industry and
application; and shall conform to the requirements of the Contract.
Contractor shall be responsible for the quality, technical accuracy, completeness and
coordination of all Work performed under the Contract. Contractor shall, promptly and
without charge, provide all corrective Work necessary as a result of Contractor's acts,
errors, or omissions with respect to the quality and accuracy of the Work.
Contractor shall be responsible for any and all damages to property or persons as a result
of Contractor's acts, errors, or omissions, and for any losses or costs to repair or remedy
any Work undertaken by City based upon the Work as a result of any such acts, errors, or
omissions.
Contractor's obligations shall exist without regard to, and shall not be construed to be
waived by, the availability or unavailability of any insurance, either of City or Contractor.
WARRANTIES - INTELLECTUAL PROPERTY - Contractor represents and warrants that
all the materials and Work produced, or provided to the City pursuant to the terms of the
Contract shall be wholly original with the Contractor or that the Contractor has secured all
applicable interests, rights, licenses, permits or other intellectual property rights in such
materials and work. The Contractor represents and warrants that the materials and Work,
and the City's use of same, and the exercise by the City of the rights granted by the Contract
shall not infringe upon any other work or violate the rights of publicity or privacy of, or
constitute a libel or slander against, any person, firm, or corporation. The Contractor further
represents and warrants that the materials and Works does not infringe upon the copyright,
trademark, trade name, trade dress patent, statutory, common law or any other rights of
any person, firm or corporation or other entity. The Contractor represents and warrants that
it is the owner of or otherwise has the right to use and distribute the Work contemplated by
the Contract.
Page 5 of 5
EXHIBIT E
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
EXHIBIT E
KNOW ALL BY THESE PRESENTS:
That we, , as
Principal (hereinafter the "Contractor" or "Principal") and
, 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
dollars
($ ), 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 21 st day of August , 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 Construction of a single-
family home on an infill lot located at 2527 Washington Street in Dubuque, Iowa Project detail the
following described improvements:
CONSTRUCTION OF SINGLE-FAMILY HOME ON INFILL LOT LOCATED AT 2527
WASHINGTON STREET IN DUBUQUE, IOWA
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 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
EXHIBIT E
Page 2 of 4
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:
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
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 or
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 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:
EXHIBIT E
Page 3 of 4
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.
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.
EXHIBIT E
Page 4of4
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. 25-185-2527
Witness our hands, in triplicate, this day of , 2024.
SURETY COUNTERSIGNED BY: Title
FORM APPROVED BY:
Signature of Agent
Printed Name of Agent
Company Address
City, State, Zip Code
Company Telephone Number
PRINCIPAL:
Contractor
Representative for Owner
SURETY:
Surety Company
By:
Signature Attorney -in -Fact Officer
Printed Name of Attorney -in -Fact Officer
Company Name
By: Company Address
Signature
Printed Name
NOTE:
City, State, Zip Code
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 EXHIBIT E ____
2
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
08/09/2024
and for which the charge is 37.05
Subscribed to before me,a Notary Pub in and for
Dubuque County, Iowa,
this 9th day of August, 2024
9
Notary/Pu\lic in and for Dubuque 'County, Iowa.
�rP�Ai s� JANET K. PAPE
o �p Commission Number 199659
My Commission Expires
12/11/2025
Ad text :
CITY OF DUBUQE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa, will hold a public hearing on the 19th
day of August 2024, at 6:30 p.m. in the Historic Federal
Building, 350 West Sixth Street, 2nd floor, Dubuque, Iowa, at
which meeting the City Council proposes to approve a contract
with Tucktara, LLC for the construction of a single-family
dwelling located on the City -owned real property at:
Lot 29 in E. Langworthys Addition of Part of Mineral Lot 320
in the City of Dubuque, Iowa, according to the recorded plat
thereof
locally known as 2527 Washington Street.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org. Written comments regarding the
above public hearings may be submitted to the City Clerk's
Office via email at ctyclerk@cityofdubuque.org or by mail to
City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA
52001, before said time of public hearing. At said time and
place of public hearings the City Council will receive any
written comments.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or
hard -of -hearing individuals can use Relay Iowa by dialing 711
or (800) 735-2942.
Published by order of the City Council given on the 5th day
of August 2024.
Adrienne N. Breitfelder,
CMC, City Clerk
it 8/9