Improvement Contracts / Performance, Payment, and Maintenace BondsCity of Dubuque
City Council
CONSENT ITEMS # 13.
Copyrighted
September 15, 2025
ITEM TITLE: Improvement Contracts / Performance, Payment, and
Maintenance Bonds
SUMMARY: Eastern Iowa Excavating & Concrete, LLC for the Auburn -
Custer Utility and Roadway Reconstruction; Top Grade
Excavating, Inc. for the Old Mill Road Lift Station and Force
Main Project - Phase 2; Tschiggfrie Excavating for the North
Schmitt Island Collection System Project - Contract #1.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. North Schmitt Island Collection System Project Contract 1
2. Auburn Custer Utility and Roadway Project
3. Old Mill Road Lift Station Phase 2
Page 515 of 1171
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT - CONTRACT #1
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 19th day of August 2025 between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City), and
Tschiqqfrie Excavating (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 NORTH
SCHMITT ISLAND COLLECTION SYSTEM PROJECT - CONTRACT #1.
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 to
(SUDAS) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 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.1 through No.5 (05 pages) or drawings consisting of sheets
bearing the following general title:
NORTH SCHMITT ISLAND COLLECTION SYSTEM PROJECT - CONTRACT #1
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).
16. Construction Schedule and Agreed Cost of Delay (Section 00800).
17. Erosion Control Certificate (Section 00900).
Page 516 of 1171
SECTION 00500
Page 2 of 6
18. Consent Decree (Section 01000).
19. 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 00471)
20.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. Three percent (3%) 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.
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
Page 517 of 1171
SECTION 00500
Page 3 of 6
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. The Contractor shall also be liable to the
City for any damage to the City or to City property arising out of or related to the Contractor's
negligent performance of this Contract.
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 ten 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.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
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).
B. 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.
Page 518 of 1171
SECTION 00500
Page 4 of 6
CONSENT DECREE
RELATING TO THE PROJECT
14. X 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
http://www.cityofdubugue.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
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.
Page 519 of 1171
SECTION 00500
Page 5 of 6
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 2:11-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.
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:
Tschiaafrie Excavatin
Contra
By:
Sign ure
ErinRogers
Printed Name
General Superintendent
Title
08/25/25
Date
Page 520 of 1171
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 $ 248,560.00
CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
Si nature
Michael C. Van Milligen
Printed Name
City Manager
Title
8/25/2026
Date
CONTRACTOR:
Tschiggfrie Excavating
Contract
By:
_ L 2z��
Signature 47
Erin Rogers
Printed Name
General Superintendent
Title
08/25/25
Date
==== END OF SECTION 00500 ====
Page 521 of 1171
Bond No. S054335
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Tschiggfrie Excavating , as Principal (hereinafter the "Contractor" or "Principal")
and Employers Mutual Casualty 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 forty-eight thousand, five hundred sixty dollars
($248,560.00), lawful money of the United States, for the payment of which sum, well and truly to
be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally,
firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Owner, bearing date the 19th day of August , 2025,
(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 NORTH
SCHMITT ISLAND COLLECTION SYSTEM PROJECT — CONTRACT #1 detail the following
described improvements:
This project entails the installation of approximately 200 linear feet of sanitary sewer piping
and two manholes along the north side of Chaplain Schmitt Island, supporting the
forthcoming Key Hotel Expansion in Dubuque, Iowa. Construction activities will include
targeted excavation within a historic landfill area to support the sanitary sewer
improvements.
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
Page 522 of 1171
SECTION 00600
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.
Page 523 of 1171
SECTION 00600
Page 3 of 4
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.
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
Page 524 of 1171
SECTION 00600
Page 4 of 4
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. 5521000015
Witness our hands, in triplicate, this 19th
day of August , 2025.
SURETY COUNTERSIGNED BY:
Title
FORM APPROVED BY:
N/A
_ i `
Re resentative for Owner
Signature of Agent
Printed Name of Agent
SURETY:
Company Address
Employers Mutual Casualty Company
Qy, •"POR ,, s,. ;
SEAL.
Surety Compa g
City, State, Zip Code
.o
ne - Officer
MD�NEO'
Company Telephone Number
Kat!1aenueArshorney-in-tt & Iowa Resident Agent
PRINCIPAL:
Printed Name of Attorney -in -Fact Officer
Holmes, Murphy and Associates LLC
Tschiggfrie Excavating Co.
Company Name
Contractor
2727 Grand Prairie Parkway
By:
Company Address
Signatur
//G %
Waukee, IA 50263
City, State, Zip Code
Printed Name
/� �
"4o e— e—�`�
(515)223-6800
,4
Company Telephone Number
NOTE:
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 ====
Page 525 of 1171
P.O. Box 712 • Des Moines, Iowa 50306-0712
%emc..
INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company, an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severally as "Company" and collectively as "Companies", each does, by these presents, make, constitute and appoint:
CRAIG E. HANSEN, BRIAN M. DEIMERLY, JAY D. FREIERMUTH, TIM MCCULLOH, ANNE CROWNER, DIONE R. YOUNG, Seth D. Rooker, Jennifer Marino, Ben Williams, Sara Huston, Kale Zanders, John Cord,
Joe Tiernan, Jamie Gifford, Grace Dickinson, Zach Fuller
its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute the Surety Bond:
In an amount not exceeding Ten Million Dollars ............. ............................ ..... ............................................................... ......................................... $10,000,000.00
and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
The authority hereby granted shall expire October 1 Oth 2025 , unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney -in -Fact at any time
and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attomey
issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon
the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents to be sig d for each by their officers as shown, and the Corporate seals to be hereto affixed this
22nd day of September , 2022 .
ott R. Jean, P e ident &CEO Todd Strother, Executive Vice President
.PSGp; ry ,, ;G� �oMP��, �ptv 8 cys, f Company 1; irman, President Chief Legal Officer & Secretary of
"'' & CEO of Co Hies 2, 3, 4, 5 & 6 Companies 1, 2, 3, 4, 5 & 6
�HPO4S '. C•F.: ` 2 : paPO qq', o S ¢ • DµPOR9 '. G
=a: 'SEAL '3
�u 4pRPCq,•• f �OY'-
-W=
" low,
a 1863 o
00`NSURA%",,
C •QaPo"q ECo
T 9
SEAL : Y
RT%l1DPK°
1953
9 '•
iPy` aPPOq ' sG9'.
V K:
WSEAL
,.•etc,
yy KATHY LOVERIDGE
tCWT*W n Mwim 7730�7s69
OcWDer rO, Zan
On this 22nd day of September 2022 before me a Notary Public in and for the State
of Iowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly sworn,
did say that they are, and are known to me to be the CEO, Chairman, President, Executive
Vice President, Chief Legal Officer and/or Secretary, respectively, of each of the Companies
above; that the seals affixed to this instrument are the seals of said corporations; that said
instrument was signed and sealed on behalf of each of the Companies by authority of their
respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such
officers, acknowledged the execution of said instrument to be their voluntary act and deed,
and the voluntary act and deed of each of the Companies.
My Commission Expires October 10, 2025.
CERTIFICATE
7 �<q " 49V_ICIL LO
= -
Notary PubM in and for the State offlowa
I, Ryan J. Springer, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and
this Power of Attorney issued pursuant thereto on 22nd day of September , 2022 , are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 19th day of August 2025
Vice President
7838 (9_2P) 0000000-NA A1452 000 SSE 000000 "For verification of the authenticity of the Power of Attorney you may call (515) 345-7548."
Page 526 of 1171
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
AUBURN-CUSTER UTILITY AND ROADWAY RECONSTRUCTION
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 19th day of August i 2025 between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City), and
Eastern Iowa Excavating & Concrete, LLC (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 AUBURN-
CUSTER UTILITY AND ROADWAY RECONSTRUCTION
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 to
(SUDAS) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 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.A.01 through No.S.10 (66 pages) bearing the following title:
AUBURN-CUSTER UTILITY AND ROADWAY RECONSTRUCTION
12.Addenda (numbers —to_, inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15. Construction Schedule and Agreed Cost of Delay (Section 00800).
16. Erosion Control Certificate (Section 00900).
Page 527 of 1171
SECTION 00500
Page 2 of 6
17. Consent Decree (Section 01000).
18. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
d. Contractor Background Information Form (Section 00471)
19.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. Three percent (3%) 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.
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
Page 528 of 1171
SECTION 00500
Page 3 of 6
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 ten 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.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
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).
B. 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.
Page 529 of 1171
SECTION 00500
Page 4 of 6
CONSENT DECREE
RELATING TO THE PROJECT
14. EX 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
http://www.cityofdubugue 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
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.
Page 530 of 1171
SECTION 00500
Page 5 of 6
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-01 01 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:
�AsteW Iowa Excavating & Concrete, LLC
C nr
By: An
nature
Chad Demmer
Printed Name
Owner
Title
8-21-2025
Date
Page 531 of 1171
SECTION 00500
Page 6 of 6
THE CITY AGREES:
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 $ 1,276,680.60
CITY OF DUBUQUE, IOWA:
City Manager's Office
Dep ent
By:
Signature
Michael C. Van Milli en
Printed Name
City Manager
Title
08/25/2025
Date
CONTRACTOR:
Eastern Iowa Excavating &Concrete LLC
Contractor --�
By: C� � Z
Signature — -
Chad Demmer
Printed Name
Owner
Title
8-21-2025
Date
==== END OF SECTION 00500 ====
Page 532 of 1171
Bond Number: 101467858
ERFORMANCE, PAYMENT AND MAINTEn
SECTION 00600
KNOW ALL BY THESE PRESENTS:
SECTION 00600
Page 1 of 4
NCE BO
That we, Eastern Iowa Excavating & Concrete, LLC
Principal (hereinafter the `Contractor' or "Principal") and Merchants National Bonding, Inc. as
as Surety are held and firmly bound unto the
City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who
may be injured by any breach of any of the conditions of this Bond in the penal sum of
One million, two hundred seventy-six thousand, six hundred ei ht dollars and sixty cents
($ 1,276,680.60 ), 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 19th day of August 2025,
(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 Auburn -
Custer Utility and Roadway Reconstruction detail the following described improvements:
This project involves the reconstruction of Custer Street and a section of Auburn Street in
the City of Dubuque, Iowa. The scope of work includes the installation of 2,075 lineal feet of
new curb and gutter, placement of 1,335 tons of 6-inch asphalt pavement, 638 square
yards of PCC sidewalk, replacement of 1,111 lineal feet of sanitary sewer, 1,142 lineal feet
of water main, 514 lineal feet of storm sewer, erosion control, and other necessary
measures to complete the work.
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,
Page 533 of 1171
SECTION 00600
Page 2 of 4
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this
reference is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
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.
Page 534 of 1171
SECTION 00600
Page 3 of 4
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.
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
Page 535 of 1171
SECTION 00600
Page 4 of 4
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.
C I P # 5581500008-611, 5586500040-621, 5521000057-301, 4281000022
Witness our hands, in triplicate, this 20th 5
p day of August , 2021
SURETY COUNTERSIGNED BY: Title
NIA FOr' APPROVEPY:
Signature of Agent
kepr sentative for Owner
Printed Name of Agent
Company Address SURETY:
Merchants National Bonding, Inc.
Surety p Y ..
City, State, Zip Code Sure an a? Pont..
y
Sign t e A orney-in-Fact Officer :s 2003
Company Telephone Number �'•
%d.� Grace Di inson, Attorney -in -Fact & IA Resident Agent •''•� •••:� _,:
PRINCIPAL: Printed Name of Attorney -in -Fact Officer
Easternwa Excavating & Concrete, L.C. Holmes, Murphy and Associates LLC
ct
Contrar
Company Name
4"
2727 Grand Prairie Parkway
By. may" Company Address
5� ure
Waukee, IA 50263
Panted Name City, State, Zip Code
(515) 223-6800
Company Telephone Number
NOTE:
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 ====
Page 536 of 1171
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, and MERCHANTS NATIONAL INDEMNITY COMPANY, an assumed name of Merchants
National Bonding, Inc., (herein collectively called the "Companies") do hereby make, constitute and appoint, individually,
Alissa Cahalan; Anne Crowner; Ashlea McCaughey; Austin Muehlschlegel; Ben Williams; Brian J Oestreich; Brian M Deimerly; Cameron M Burt;
Colby D White; Connor Oberg; Craig E Hansen; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Dickinson; Grace
Rasmussen; Graydon Dotson; Greg Krier; Jamie Gifford; Jay D Freiermuth; Jenni Marino; Jessie Allen; Joe Tiernan; John Cord; Joseph Cardinal;
Joshua R Loffis; Kate Zanders; Keeton Welch; Kristine M Becks; Lindsey Minutillo; Mark R DeWitt; Mark Sweigart; Melinda C Blodgett; Michelle
Morrison; Michelle R Gruis; Nathan Weaver; Nicole Stillings; R C Bowman; Ryan Olivia E Lundy; Sandra M Engstrum; Sara Huston; Sarah C
Brown; Seth Rooker; Taylor Fogle; Ted Jorgensen; Tim McCulloh; Todd Bengford; Zach Fuller
their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons,
guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions
proceedings allowed by law. or
This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the By -Laws adopted by the Board of Directors of
the Companies.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority
to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof."
"The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney
or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o obligations of the
Company, and such signature and seal when so used shall have the same force and effect as though manually fixed."
In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the
Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts
required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of
Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its
obligations under its bond.
In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given
to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner -
Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of A t
ugus • 2025
�aO.K�,�oj�•.iONq
•Qi�'(iPOq'.�q•
c �P.'PO'.!e
•'NpLrN
: ���.----- �Q,•
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC,
may. •G., q�,•,y�,
��y: •pR Rqr, p';
; �P, P1%V0'7 ;,' :
MERCHANTS NATIONAL INDEMNITY COMPANY
a: 3•
:a:� -o- a a: •t-:
2' •
a' is
1833 2003
C, • Z 3 •By
��
g�
STATE OF;OWA
COUNTY OF DALLAS ss.
On this 11th day of August 2025 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), MERCHANTS NATIONAL BONDING, INC., and MERCHANTS
NATIONAL INDEMNITY COMPANY; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the
said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors.
kP� IA4 Penni Miller
Z Commission Number 787952
• • My Commission Expires
IOwP January 20, 2027
(Expiration of notary's commission Notary Public
does not invalidate this instrument)
I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL), MERCHANTS NATIONAL BONDING, INC., and
MERCHANTS NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -
ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 20th day of August 2025 .
,D1NGc0y7•. 'S10Nq' ••�1ALIH
%0� 'flPOq' oq •o�AaPOR[ .,..: . ��0 0 ;" off
�2:.`'GO 9��•2<•� ,Ly:vQ qj� �? � F R,y�•v y�
-o- of ;2;2 -o- O:O: •i <•
.x. 1033 :0.
.may, N. % 2fiU1 : c�; �=J; 'Z Secretary
POA 0018 (5/25)
Page 537 of 1171
SECTION 00 52 00
AGREEMENT
THIS AGREEMENT is by and between CITY OFDUBUQUE, IOWA
(hereinafter called OWNER) and TOP GRADE EXCAVATING, INC.
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as
follows:
Article 1. WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
OLD MILL ROAD LIFT STATION AND FORCE MAIN PROJECT —PHASE 2
Article 2. THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
CONTRACT IDNR SRF #W2021-0394A
Article 3. ENGINEER
3.01 The Project has been designed by Strand Associates, Inc.°
3.02 OWNER has retained Strand Associates, Inc.° ("ENGINEER") to act as OWNER's representative,
assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with the completion of the Work in accordance with the Contract
Documents.
Article 4. CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and
readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
Section 00 52 00-1
1154.118/ W 2021-0394A
Page 538 of 1171
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially complete on or before October 16, 2026, and will be
completed and ready for final payment in accordance with Paragraph 15.06 of the General
Conditions on or before December 18, 2026.
4.03 Agreed Costs of Delay
A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and
that OWNER will suffer financial loss if the Work is not completed within the times specified in
Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 4 of the General
Conditions. The parties also recognize the delays, expense and difficulties involved in proving in a legal
or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as agreed
costs of delay that does not result in adjustment of the contract time pursuant to Section 14.05 of the
General Conditions (but not as a penalty), CONTRACTOR shall pay to OWNER the following daily
charge:
CONTRACTOR shall pay to OWNER agreed costs of delay of $2,000 per day.
Agreed costs of delay shall be applied separately to each of the substantial and final completion
dates.
B. The CONTRACTOR and the CONTRACTOR's surety shall be liable for and shall pay the
OWNER for any extra costs for engineering or architectural services, construction observation services
and related expenses, and attorney's fees necessitated by the delayed prosecution of the work by the
CONTRACTOR beyond the date of Final Completion required by the Agreement. Such costs are in no
way a penalty, but represent additional expenses to the OWNER caused by the CONTRACTOR's delay
in completing the Work.
C. Agreed costs of delay will be assessed as follows:
Completion Date Contracts.
The amount of agreed costs of delay specified in the proposal form will be assessed, not as a penalty
but as predetermined and agreed cost of delay, for each calendar day that any work remains
uncompleted beyond the Completion Date or any extension authorized by OWNER. Assessment of
cost of delay will be based only on the number of calendar days required to complete the contract
beyond the completion date, plus authorized extensions.
The final payment will be withheld until the amount of agreed costs of delay are agreed upon.
This provision for the assessment of the agreed costs of delay for failure to complete work within
the contract period does not constitute a waiver of the OWNER's right to collect any additional
damages other than time delays which the OWNER may sustain by failure of the CONTRACTOR to
carry out the terms of the contract.
4.04 Delays to Contractor and Extension of Time
A. If CONTRACTOR is delayed in the performance or progress of the Work by fire, flood,
epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the
control of OWNER, or other causes not the fault of and beyond control of OWNER and CONTRACTOR,
then CONTRACTOR shall be entitled to an equitable adjustment in Contract Times, if such adjustment
Section 00 52 00-2
1154.118/W2021-0394A
Page 539 of 1171
is essential to CONTRACTOR's ability to complete the Work within the Contract Times. Such an
adjustment shall be CONTRACTOR's sole and exclusive remedy for the delays described in this
Paragraph.
Article 5. CONTRACT PRICE
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds as follows, subject to adjustment under the Contract:
ELEVEN MILLION, SEVEN HUNDRED SEVENTY-NINE THOUSAND, FIVE HUNDRED
FORTY DOLLARS AND 651100 ($11,779.540.65)
A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit.
Article 6. PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. CONTRACTOR shall submit Applications for Payment in accordance with Article 15 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided in the
General Conditions.
6.02 Progress Payments; Retainage
A. OWNER shall make progress payments on account of the Contract Price on the basis of
CONTRACTOR's Applications for Payment as established at the preconstruction conference during
performance of the Work as provided in Paragraph 6.02.13 below. All such payments will be measured by
the schedule of values established in Paragraph 2.05.A of the General Conditions (and in the case of
Unit Price Work based on the number of units completed) or, in the event there is no schedule of values,
as provided in the General Requirements.
B. Retainage: OWNER shall retain an amount equal to 5% of each progress payment
application. The 5% retainage shall be withheld from all applications for progress payments until
100% of the work is complete. All punchlist items shall be finished before the work shall be deemed
100% complete. CONTRACTOR shall not submit an application for progress payment that indicates
a work item as being 100% complete based on a claim that the retainage withholding amount covers
the cost of the outstanding work included on the punchlist.
1. Retained funds shall be retained by OWNER for a period of 30 calendar days after
the completion and final acceptance of the improvements by OWNER. If at the end of the
30 calendar day period claims are on file as provided in Iowa Code Ch. 573, OWNER shall
also continue to retain from the unpaid funds, a sum equal to double the total amount of all
claims on file. The remaining balance of the unpaid fund, or if no claims are on file and the
Work is complete, the entire unpaid fund shall be released and paid to CONTRACTOR.
2. Upon Substantial Completion of all Work, however, and in accordance with Iowa
Code 573.28, CONTRACTOR may request the release of all or part of the retained funds
owed. The request shall be accompanied by a sworn statement of CONTRACTOR that, ten
calendar days prior to filing the request, notice was given as required to all known
subcontractors, sub -subcontractors, and suppliers.
Section 00 52 00-3
1154.118/W2021-0394A
Page 540 of 1171
a. Prior to applying for release of retained funds, CONTRACTOR shall send a
notice to all subcontractors, sub -subcontractors, and suppliers that provided labor or
materials for the public improvement project. the notice shall be substantially similar to
the following:
"NOTICE OF CONTRACTOR'S REQUEST FOR EARLY RELEASE OF RETAINED FUNDS
You are hereby notified that [name of CONTRACTOR] will be requesting an early release of
funds on a public improvement project designated as [name of project] for which you have
or may have provided labor or materials. The request will be made pursuant to Iowa Code
section 573.28. The request may be filed with the [name of governmental entity or
department] after ten calendar days from the date of this notice. The purpose of the request
is to have [name of governmental entity or department] release and pay funds for all work
that has been performed and charged to [name of governmental entity or department] as of
the date of this notice. This notice is provided in accordance with Iowa Code section 573.28."
b. If at the time of the request for the release of the retained funds labor or
material are yet to be provided, an amount equal to two hundred percent of the value of
the labor or materials yet to be provided, as determined by ENGINEER, may be withheld
until such labor or materials are provided.
3. CONTRACTOR shall release retained funds to subcontractor or subcontractors in
the same manner as retained funds are released to CONTRACTOR by OWNER. Each
subcontractor shall pass through each lower tier subcontractor all retained fund payments
from CONTRACTOR.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06
of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended
by ENGINEER as provided in said Paragraph 15.06.
Article 7. HIERARCHY
7.01 In resolving inconsistencies among two or more sections of the Contract Documents, precedence
shall be given in the following order:
First:
WRITTEN AMENDMENTS
Second:
CHANGE ORDERS/FIELD ORDERS/WORK CHANGE DIRECTIVES
Third:
ADDENDA
Fourth:
AGREEMENT
Fifth:
SUPPLEMENTARY CONDITIONS
Sixth:
GENERAL CONDITIONS
Seventh:
SPECIFICATIONS
Eighth:
DRAWINGS
For categories that have the same order of precedence, the document that includes the latest date shall
control. Figure dimensions (numerical) on Drawings shall take precedence over dimensions measured
utilizing a scale.
Section 00 52 00-4
1154.118/W2021-0394A
Page 541 of 1171
Article 8. CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Contract, Contractor makes the following
representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents, and any
data and reference items identified in the Contract Documents.
B. CONTRACTOR has visited the Site, conducted a thorough, alert visual examination of
the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all Laws and Regulations that may
affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the General
Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports
and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that
have been identified in the General Conditions, especially with respect to Technical Data in such
reports and drawings.
E. CONTRACTOR has considered the information known to CONTRACTOR itself;
information commonly known to contractors doing business in the locality of the Site; information
and observations obtained from visits to the Site; the Contract Documents; and the Site -related
reports and drawings identified in the Contract Documents, with respect to the effect of such
information, observations, and documents on (1) the cost, progress, and performance of the Work;
(2) the means, methods, techniques, sequences, and procedures of construction to be employed by
CONTRACTOR; and (3) CONTRACTOR's safety precautions and programs.
F. Based on the information and observations referred to in the preceding paragraph,
CONTRACTOR agrees that no further examinations, investigations, explorations, tests, studies, or
data are necessary for the performance of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the Site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities,
or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
J. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
Section 00 52 00-5
1154.118/W2021-0394A
Page 542 of 1171
K. CONTRACTOR's entry into this Contract constitutes an incontrovertible representation
by Contractor that without exception all prices in the Agreement are premised upon performing and
furnishing the Work required by the Contract Documents.
Article 9. CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 00 52 00-1 through 00 52 00-11, inclusive);
2. Performance, Payment and Maintenance Bond (pages 00 60 00-1 through
00 60 00-5, inclusive);
3. Out -of -State Contractor Bond (page 00 60 10, inclusive);
4. Other bonds
a. NA (pages NA to NA inclusive);
b. NA
(pages
NA
to
NA
inclusive);
C. NA
(pages
NA
to
NA
inclusive);
5. General Conditions (pages 00 72 00 1 through 00 72 00-85, inclusive);
6. Specifications as listed in the table of contents of the Project Manual;
7
Drawings —Sheets No. 1 through No. 15
inclusive incorporated herein by reference with each sheet bearing the following
general title:
OLD MILL ROAD LIFT STATION AND FORCE MAIN PROJECT —PHASE 2.
CONTRACT IDNR SRF #W2021-0394A, CITY OF DUBUQUE, IOWA
as well as drawings listed in the table of contents that are bound at the back of these
specifications.
8. Addenda (NO. 1, DATED APRIL 28, 2025; NO. 2, DATED MAY 30, 2025; AND
NO. 3, DATED MAY 13, 2025 ).
9. Consent Decree agreement per Case No. 2:1-CV-01011-EJM Document 6, dated
June 27, 2011, located at the end of the Agreement.
Section 00 52 00-6
1154.118/W2021-0394A
Page 543 of 1171
10. Exhibits to this Agreement (enumerated as follows:)
a. CONTRACTOR's Bid (pages 00 41 00-1 to 00 41 00-28);
b. Documentation submitted by CONTRACTOR prior to Notice of Award
C. (EROSION CONTROL CERTIFICATION, PAGE 00 55 51-1 );
11. Special Attachments as follows:
a. Sales and Use Tax Exemption Certificate.
b. Consent Decree.
C. Schedule F Insurance Requirements.
d. Safety Requirements.
e. Permits.
12. The following may be delivered or issued on or after the Effective Date of the
Contract:
a. Notice to Proceed (page 00 55 00-1, inclusive);
b. Work Change Directives (not attached to this Agreement);
C. Change Order(s) (not attached to this Agreement).
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as
expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided
in Paragraph 11.01 of the General Conditions.
Article 10. MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation, monies that may become due and monies that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an assignment,
Section 00 52 00-7
1154.118/W2021-0394A
Page 544 of 1171
no assignment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
10.03 Successors and Assigns
A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements, and obligations contained in the Contract
Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall
be reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
10.05 CONTRACTOR's Certifications
A. CONTRACTOR certifies that it has not engaged in corrupt, fraudulent, collusive, or
coercive practices in competing for or in executing the Contract. For the purposes of this
Paragraph 10.05:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of
value likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. "fraudulent practice" means the intentional misrepresentation of facts made (a) to
influence the bidding process or the execution of the Contract to the detriment of OWNER, (b) to
establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive OWNER of
the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more
Bidders, with or without the knowledge of OWNER, a purpose of which is to establish Bid prices
at artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or affect the
execution of the Contract.
10.06 Integration
A. The parties' entire agreement is contained in the Contract Documents, and the provisions
of the Contract Documents supersede all prior discussions or writings between the parties.
10.07 Attorney's Fees
A. In the event the Owner should prevail in any legal action arising out of the performance or
non-performance of this Agreement, the Contractor shall pay, in addition to any damages, all expenses
of such action including reasonable attorney's fees, all expert witness fees, costs, and litigation expenses
incurred by the Owner, including those incurred on appeal. The term "legal action" shall be deemed to
include any arbitration, administrative proceedings, and all actions at law or in equity, including appeals.
Section 00 52 00-8
1154.118/W2021-0394A
Page 545 of 1171
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One
counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract
Documents have been signed or identified by OWNER and CONTRACTOR or identified by ENGINEER
on their behalf.
This Agreement will be effective on 6�~ aoaS(which
is the Effective Date of the Contract)
OWNER
ATTEST:
CITY OF DUBUQUE, IOWA
Signature and Title
City Clerk
Address for Giving Notices:
Name: City of Dubuque - Engineering
Street: 50 W 13th St
City, State, Zip Code: Dubuque, IA 52001
Phone: 563-589-4270
Facsimile:
E-mail: engineer@cityofdubuque.org
(Seal)
Section 00 52 00-9
1154.11 BAN2021-0394A
Page 546 of 1171
CONTRACTOR Top Grade Excavating Inc.
f3.� Aw, Vice President (Seal)
Signature and Title
ATTEST:
By; UAA'5;r - Controller
fV�ignature and Title
Address for Giving Notices:
Name: Top Grade Excavating Inc.
Street: 971 9th Ave NW
City, State, Zip Code: Farley, IA. 52046
Phone: 563-744-3416
Facsimile: 855-884-2769
E-mail: bkramer(@taexcavating.com
Designated Representative: --Qeo- Kramer
License No.: N/A
(Where applicable)
(if CONTRACTOR is a corporation, limited liability company, or a partnership, attach evidence of authority
to sign.)
Section 00 52 00-10
1154.11802021-0394A
Page 547 of 1171
INSTRUCTIONS FOR EXECUTING CONTRACT
The full name and business address of CONTRACTOR should be inserted and the Agreement should be
signed with CONTRACTOR's official signature. Please have the name of the signing party printed under
all signatures to the Agreement.
If CONTRACTOR is operating as a partnership, each partner should sign the Agreement. If the
Agreement is not signed by each partner, there should be attached to the Agreement a duly authenticated
power of attorney evidencing the signer's (signers') authority to sign such Agreement for and on behalf
of the partnership.
If CONTRACTOR is an individual, the trade name (if CONTRACTOR is operating under a trade name)
should be indicated in the Agreement and the Agreement should be signed by such individual. If signed
by other than CONTRACTOR, there should be attached to the Agreement a duly authenticated power of
attorney evidencing the signer's authority to execute such Agreement for and on behalf of
CONTRACTOR.
If CONTRACTOR is operating as a limited liability company, and it is member -managed, each member
should sign the Agreement, or an authorized member should sign. If the LLC is manager -managed, an
authorized manager should sign. If the Agreement is not signed by each member, there should be
attached to the Agreement a duly authenticated power of attorney evidencing the signer's (signers')
authority to sign such Agreement for and on behalf of the LLC.
If CONTRACTOR is a corporation, the Secretary of the corporation should sign the certificate below. If
the Agreement itself is signed by the Secretary of the corporation, the certificate below should be
executed by some other officer of the corporation, under the corporate seal. In lieu of the following
certificate, there may be attached to the Agreement copies of so much of the records of the corporation
which will show the official character and authority of the officers signing, duly certified by the Secretary
or Assistant Secretary under the corporate seal to be true copies.
ylko a —certify that I am the
(Pnnt Namer (Title of Individual
Signing this Certificate)
of the corporation named as CONTRACTOR herein above; that � �n �cIcn,
el -
(Print Name of Officer Signing Agreement)
who signed
/ signed the foregoing Agreement on behalf of CONTRACTOR was then
Ve-5Id, % of said corporation; that said Agreement was duly signed
(Title of Officer Signing Agreement)
for and on behalf of said Corporation by authority of its governing body, and is within the scope of its
corporate powers
(Corporate Seal)
END OF SECTION
Section 00 52 00-11
1154.118AN2021-0394A
Page 548 of 1171
Rev 10/2018 CONSENT DECREE
RELATING TO THE
CITY OF DUBUQUE, IOWA
WATER & RESOURCE RECOVERY CENTER
AND
SANITARY SEWER COLLECTION SYSTEM
NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY
OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR
THE SEWER COLLECTION SYSTEM UNLESS COPY OF THIS DOCUMENT IS
RETURNED TO THE CITY OF DUBUQUE ENGINEERING DEPARTMENT
The City of Dubuque, Iowa 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 No. 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 can be found at
http://www.cityofdubugue.org/DocumentCenter/Home/View/3173. A paper copy is
available upon request from the City of Dubuque Engineering Department.
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 years after the termination of the
Consent Decree, the City shall retain, and shall 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 requirement shall apply
regardless of any contrary City, corporate or institutional policies or procedures. At any
time during this information -retention period, upon request by the United States or the
State, the City shall provide copies of any documents, reports, analytical data, or other
information required to be maintained under the Consent Decree. At the conclusion of
Page 1 of 2
Page 549 of 1171
the information -retention period, the City shall 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 shall deliver any such documents, records, or other information to the
EPA or IDNR.
CERTIFICATION BY CONTRACTOR OR CONSULTANT
The undersigned, on behalf of the Contractor or Consultant, with full authority to act on
behalf of the Contractor or Consultant, certifies to the City of Dubuque as follows:
1. 1 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 No. 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.
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.
The Contractor or Consultant 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 or Consultant's failure to comply with the Consent Decree.
Contractor or Consultant: Top Grade Excavatin
By: Ben Kramer L34,'-_ /
Its: Vice President
Date: 08/20/2025
Return signed copy to:
Deron Muehring
Civil Engineer
City Hall - Engineering Department
50 W. 13th Street
Dubuque, IA 52001
Page 2 of 2
Page 550 of 1171
SECTION 00 55 00
NOTICE TO PROCEED
Dated:
TO: TOP GRADE EXCAVATING, INC.
(CONTRACTOR)
ADDRESS: 971 9THAVENUE NORTHWEST
FARLEY, IA 52046
PROJECT: OLD MILL ROAD LIFT STATION AND FORCE MAIN PROJECT —PHASE 2
OWNER'S CONTRACT NO.: IDNR SRF #W2021-0394A
CONTRACT FOR: CITY OF DUBUQUE, IOWA
OLD MILL ROAD LIFT STATION AND FORCE MAIN PROJECT —PHASE 2,
CONTRACT IDNR SRF #W2021-0394A
(Insert name of Contract as it appears in the Bidding Documents)
You are notified that the Contract Time under the above Contract will commence to run on
day of , 20. On that date, you are to start performing your obligations
under the Contract Documents.
Before you may start any work at the site, Paragraph 2.01.13 of the General Conditions provides
that you and OWNER must each deliver to each other (with copies to ENGINEER and other
identified additional insureds) certificates of insurance, copies of endorsements, and other evidence
of insurance which each is required to purchase and maintain in accordance with the Contract
Documents.
Also before you may start any work at the site, you must
(Add Other Requirements)
CITY OF DUBUQUE, IOWA
(OWNER)
M
(Authorized Signature)
(Title)
END OF SECTION
Section 00 55 00-1
1154.118/ W 2021-0394A
Page 551 of 1171
SECTION 00 55 51
EROSION CONTROL CERTIFICATION
Dated:
City:
Address:
Project:
Contract No.:
Description:
I certify under penalty of law that I understand the terms and conditions of the National Pollutant
Discharge Elimination System (NPDES) Permit that authorizes the storm water discharges associated
with industrial activities from the construction site and as detailed in the Contract Documents. Further,
by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other
contractors and subcontractors signing such certifications, to the Iowa Department of Natural
Resources NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial Activity
for Construction Activities" at the project site. As a co-permittee, I understand that I, and my company,
are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the
terms and conditions of the storm water pollution prevention plan developed under this NPDES permit
and the terms of this NPDES permit.
I agree to indemnify and hold the City harmless from any claims, demands, suits, causes of action,
settlements, fines, or judgments and costs of litigation, including, but not limited to, reasonable
attorneys fees and costs of investigation and arising from a condition, obligation, or requirement
assumed or to be performed by CONTRACTOR for storm water pollution and erosion control.
Fines and other costs incurred against the City for CONTRACTOR's failure to provide the required
erosion control practices will be paid by CONTRACTOR.
CONTRACTOR: Top Grade Excavatin
By: I 4,
(Authorized Signature)
Vice President
(Title)
END OF SECTION
Section 00 55 51-1
1154.118M2021-0394A
Page 552 of 1171
Bond No. 2369236
SECTION 00 60 00
OLD MILL ROAD LIFT STATION AND FORCE MAIN PROJECT —PHASE 2
IDNR SRF #W2021-0394A
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS:
That we Top Grade Excavating, Inc.
as Principal (hereinafter the "Contractor" or "Principal" and
Swiss Re Corporate Solutions America Insurance Corporation , as Surety are held and firmly
bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "the
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
Eleven Million Seven Hundred Seventy Nine Thousand Five Hundred Forty and 65/100 dollars
($ 11,779,540.65 ), 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 " day of JLAA L_
2D,�AC� , hereinafter the "Contract") wherein said Contractor undertakes and agrees to
construct the following described improvements:
Old Mill Road Lift Station and Force Main Project —Phase 2, IDNR SRF #W2021-0394A.
Project consists of the construction of 7,000 LF of 30-inch-diameter PVC force mains,
two air release valve structures, one junction structure, and modifications to the Water
and Resource Recovery Center's Screening Building and Grit Facilities. Construction of
the force main and force main structures will include the site development work
consisting of; asphalt pavement, 3,600 LF of fiber optics, vegetative surface restoration,
and other miscellaneous elements. The Project will have two 8-foot by 8-foot manholes,
423 LF of 54-inch-diameter RPC gravity sewer, 180 LF of bored 42-inch-diameter steel
casing with 30-inch-diameter PVC carrier pipe, and three 72-inch-diameter manholes.
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.
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:
Section 00 60 00-1
1154.118M2021-0394A
Page 553 of 1171
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill,
and abide by each and every covenant, condition, and part of said Contract and
Contract Documents, by reference made a part hereof, for the above referenced
improvements, and shall indernnify 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 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 within the period of 2 year (s) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the 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 agreement 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 to the Contractor in
which to perform the Contract;
Section 00 60 00-2
1154.11 BM2021-0394A
Page 554 of 1171
B. To consent without notice to any change in the Contract or Contract
Documents, which thereby increases the total contract price and the
penal sum of this bond, provided that all such changes do not, in the
aggregate, involve an increase of more than 20% of the total contract
price, and that this bond shall then be released as to such excess
increase; and
C. To consent without notice that this Bond shall remain in full force and
effect until the Contract is completed, whether completed within the
specified contract period, within an extension thereof, or within a period
of time after the contract period has elapsed and the liquidated damage
penalty is being charged against the Contractor.
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 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 125% of the penal sum of this bond.
Section 00 60 00-3
1154.118/W 2021-0394A
Page 555 of 1171
In the event that any actions or proceedings are initiated regarding this Bond, the parties
agree that the venue thereof shall be the Iowa District Court for 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.
Section 00 60 00-4
1154.118/W2021-0394A
Page 556 of 1171
Witness our hands, in triplicate, this P.d day of e-
?�p �5
Surety Countersigned By:
N/A
Signature of Agent
Printed Name of Agent
Company Name
Company Address
City, State, Zip Code
Company Telephone Number
FORMz
IrOwne
NOTE:
PRINCIPAL:
Top Grade Excavating, Inc.
Contractor
By: 1._.)-,
4�
Signature L
Jc^1
Title
SURETY:
Swiss Re Corporate Solutions America Insurance Corporation
Surety Company
r� ��3;.6pP0R1f
By: '� S E A L N
Sin me-in-Fac, Officer
to Zanders, Attorne -in-Fact/lowa Resident Agent ^-� •�'
Printed Name of Attorney-in-F3ct Officer
Holmes, Murphy and Associates LLC
Company Name
2727 Grand Prairie Parkway
Company Address
Waukee, IA 50263
City, State, Zip Code
(515) 223-6800
Company Telephone Number
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 seal.
3. The Certificate or Power of Attorney accompanying this bond must be valid on its face
and sealed with the Surety's seal.
4. 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.
Section 00 60 00-5
1154.1181W 2021-0394A
Page 557 of 1171
SWISS RE CORPORATE SOLUTIONS
SWISS RE CORPORATE SOLUTIONS AMERICA INSURANCE CORPORATION ("SRCSAIC")
SWISS RE CORPORATE SOLUTIONS PREMIER INSURANCE CORPORATION ("SRCSPIC")
WESTPORT INSURANCE CORPORATION ("WIC")
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT SRCSAIC, a corporation duly organized and existing under laws of the State of Missouri, and
having its principal office in the City of Kansas City, Missouri, and SRCSPIC, a corporation organized and existing under the laws of the State of
Missouri and having its principal office in the City of Kansas City, Missouri, and WIC, organized under the laws of the State of Missouri, and having its
principal office in the City of Kansas City, Missouri, each does hereby make, constitute and appoint:
JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, ANNE CROWNER, TIM McCULLOH
DIONE R. YOUNG. SETH ROOKER. JENNIFER MARINO, JOSEPH TIERNAN, KATE ZANDERS, SARA HUSTON, JOHN CORD, GRACE DICKINSON, AND JAMIE GIFFORD
JOINTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
ONE HUNDRED TWENTY FIVE MILLION ($125,000,000 00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both SRCSAIC and SRCSPIC at meetings duly called and held on the 18th of November 2021 and WIC by written consent of its
Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Managing Director, any Senior Vice President, any Vice President, the Secretary or any Assistant
Secretary be, and each or any of them hereby is, authorized to execute a Power of Attorney qualifying the attorney named in the given Power of
Attorney to execute on behalf of the Corporation bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney and to attach therein the seal of the Corporation; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Corporation may be affixed to any such Power of Attorney or to
any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding u,)on the Curporation when so affixed and in the future with regard to anv bond. undertaking or contract of surety to which it is attached."
a 'wµe Ai1il.%q �. 1�ONS 13ft, ' •. r+rulc
o
C _ David Satory, Svuior Vice President of SRCSAIC i+ S-ior via• President '
`! E A L S E A L of SRCSPIC & Senior Vice Preddeot of WIC : c
t' 19 / 3
•,,, Iyt,w�,,a Gerald Jagromld, Vice President ofSRCSAIC&Vice President of SRCSPIC
& Vice President of WIC
IN WITNESS WHEREOF, SRCSAIC, SRCSPIC, and WIC have caused their official seals to be hereunto affixed, and these presents to be signed by their
authorized officers
this 11TH day of DECEMBER . 20_ 24
Swiss Re Corporate Solutions America Insurance Corporation
State of Illinois Swiss Re Corporate Solutions Premier Insurance Corporation
County of Cook ® Westport Insurance Corporation
On this 11TH day of DECEMBER , 20 24 , before me, a Notary Public personally appeared David Sato ry , Senior Vice President of SRCSAIC
and Senior Vice President of SRCSPIC and Senior Vice President of WIC and Gerald Jagrowski , Vice President of SRCSAIC and Vice President of
SPCSPIC and Vice President of WIC, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney
as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies.
LZK4?
arcn'• ^%cdX Nocay
I, Jeffrey Goldberg, the duly elected Senior Vice President and Assistant Secret uy of SRCSAIC and SRCSPIC and WIC, do hereby certify that the above and
foregoing is a true and correct copy of a Power of Attorney given by said SRCSAIC and SRCSPIC and WIC, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this day Qf • 20 25 .
Jeffrey Goldberg, Senior Vice President &
Assistant Secretary of SRCSAIC and
SRCSPIC and WIC
Page 558 of 1171