Improvement Contract/Bond_Top Grade Excavating_Catfish Creek Sewer Repair T]iF CITY OF
City of Dubuque
Engineering Dept.
50. W. 13'h Street
Masterpiece on the Mississippi Dubuque, IA 52001
(563) 589-4270
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CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the
City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and Top Grade Excavating (Contractor) of the City of Farley, Iowa.
PROJECT TITLE:
III
Catfish Creek (Middle Fork) Sanitary Sewer Emergency Repair
For and in consideration of the mutual covenants herein contained the9
arties hereto agree as follows:
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CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for (the Project):
Complete a temporary repair at the joint which is allowing water to enter the pipe, replace
approximately 150 feet of 18 inch clay pipe with ductile iron pipe (concrete encased), and stabilize
the creek bank to prevent further erosion.
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The work described above shall be completed at the following location(s):
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Along the bank of the middle fork of Catfish Creek south of Key City Recycling. u
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The Project shall be constructed to the meet the requirements as described in this Project Contract and
the attached special conditions; in strict accordance with the requirements of the laws of the State of i
Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the
Contract Documents which provisions and documents are each and all hereby referred to and made a
part of this Contract just as much as if the detailed statements thereof were repeated herein.
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2. Contract Documents shall mean and include the following: This Improvement Contract; all ordinances
and resolutions heretofore adopted by the City Council having to do with the Project; the Contractor's
Proposal; and the conditions described in the Contract, including any Special Conditions, Plans and
Specifications and General Requirements as adopted by the City Council for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be
put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or
any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew
to the satisfaction of the City Manager at the cost and expense of the Contractor.
5. Five percent (5%) of the Contract price may be retained by the City for a period of thirty (30) days after
final completion and acceptance of the Project by the City Manager to pay any claim that may be filed
within said time 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 time, as provided in Iowa
Code Chapter 573. The City shall 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 shall be held by the City until such claims have been settled, adjudicated or otherwise
disposed of.
6. The Contractor has read and understands the SUDAS Standard Specifications (Current Edition)
including but not limited to Division 1: General Provisions and Covenants and the City of Dubuque
Supplemental Specifications — Division 1 (Current Edition), and has examined and understands the
project description described in Section 1 and any attached Special Conditions herein referred to and
agrees not to plead misunderstanding or deception because of estimates of quantity, character, location
or other conditions surrounding the same.
7. The Contractor shall guarantee for a period two years and make good any other defect in any part of the
Project due to improper construction or material performance notwithstanding the fact that said Project
may have been accepted and fully paid for by the City. The guarantee shall commence on the date that
the City pays full compensation for the complete performance of this contract.
8. The Contractor shall fully complete the Project under this Contract on or before
May 22, 2015
(DATE)
9. INDEMNIFICATION FROM THIRD PARTYCLAIMS. To the fullest extent permitted by law, Contractor
shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims,
damages, losses and expenses claimed by third parties, but not including any claims, damages, losses
or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or
resulting from performance of this Contract, provided that such claim, damages, loss or expense is
attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including
loss of use resulting therefrom, 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.
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10. Unless otherwise specified in the Contract Documents, prior to the commencement of any work on the
Project and at all times during the performance of this Contract, the Contractor shall provide evidence of 1
insurance which meets the requirements of the City's Insurance Schedule for Artisan Contractors or
General Contractors.
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11. The City of Dubuque, State of Iowa and Department of Justice have entered into a Consent Decree
requiring the City to complete certain capital improvements pursuant to an established schedule and to
comply with certain capital improvements pursuant to an established schedule and to comply with
certain reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City
to advise contractors whose duties might reasonably include compliance with any provision of the
Consent Decree with a copy of the Consent Decree. The City expects its contractors to comply with the
Consent Decree and to assist the City in complying with the Consent Decree. As a requirement of this
Contract, the Contractor shall execute and return to the City Exhibit A that is attached to this Contract.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City Manager, the
City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the
amount determined for the total number of units completed at the unit prices stated in the Contractor's
Proposal and less any liquidated damages provided for in the Contract Documents. The number of units
stated in the contract, special conditions and contractors proposal is approximate only and the final payment
shall be made by the work covered by the Contract.
CONTRACT ESTIMATED AMOUNT$45,125.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 5% OF THE ABOVE LISTED
ESTIMATED AMOUNT.
CITY OF DUJaPQUE, IOWA CONTRACTOR:
Michael C. Van Milligen Date Company Name
City Manager '
By: a� l
Sig u Date
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Printed
Name
ote-E 10 7-
Title
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CONTRACTOR ACKNOWL DGEMENT OF
ATTR D SP I NDITIONS:
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Sign re Date
Printed Name
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Title
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The following special conditions shall apply to this Project:
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B,
AAS
NAS SURETY GROUP PERFORMANCE BOND
North American Specialty Insurance company
Washington international Insurance Company
North American Elite insurance Company
Bond No. 2198598
KNOW ALL MEN BY THESE PRESENTS:That Top Grade Excavating, Inc.
(Inse(tname and address,or legal title,of contractor)
P.O. Box 356, Farley, IA 52046-0356 as Principal,
hereinafter called Contractor,and North American Specialty Insurance Company ,as Surety,
hereinafter called Surety,are held and firmly bound unto City of Dubuque, Iowa
(Insert name and address,or legal title,of owner)
50 W. 13th Street, Dubuque, IA 52001 as Obligee,hereinafter called Owner in the
amount of Forty Five Thousand One Hundred Twenty Five Dollars and 00/100
Dollars($45,125.00 )for the payment whereof Contractor and Surety bind
themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents.
WHEREAS,Contractor has by written agreement dated
entered into a Contract with Owner for Catfish Creek (Middle Fork) Sanitary Sewer Emergency Repair
in accordance with drawings and specifications prepared by City of Dubuque, Iowa
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(Insert full name and title)
which Contract is by reference made a part hereof,and is hereinafter referred to as the Contract.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully
perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect
Whenever Contractor shall be,and declared by Owner to be in default under the Contract,the Owner having performed
Owner's obligation thereunder,the Surety may promptly remedy the default,or shall promptly
1) Complete the Contract in accordance with its terms and conditions,or
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2) Obtain a bid for submission to Owner for completing the Contract in accordance with its terms and
conditions,and upon determination by Owner and Surety of the lowest responsible bidder,arrange for a contract
between such bidder and Owner and make available as work progresses(even though there should be a default or a
succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to
pay the cost of completion less the balance of the contract price;but not exceeding,including other costs and damages
for which the Surety may be liable hereunder,the amount set forth in the first paragraph hereof. The term"balance of
the contract price,"as used in this paragraph,shall mean the total amount payable by Owner to Contractor under the
Contract and any amendments thereto,less the amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the expiration of two(2)years from the date on which Contractor
ceases work on the Contract.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named
herein or the heirs,executors,administrators or successors of Owner.
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Signed, sealed and dated
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Top vating, In
By
No th lean Speci y s ra,4 Company
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Attorney-in-Fact Dione WYoung X01= SEAL �=
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AAS
NAS SURETY GROUP PAYMENT BOND
North American Specialty Insurance Company
Washington International Insurance Company
North American Elite insurance Company
NOTE: THIS BOND IS ISSUED SIMULTANEOUSLY WITH ANOTHER BOND IN FAVOR OF THE OWNER CONDITIONED FOR THE FULL ANO FAITHFUL PERFORMANCE OF THE
CONTRACT. . 2198598
Bond No,
KNOW ALL MEN BY THESE PRESirNTS That Top Grade Excavating, Inc.
(Here insert the name and address,or legal title,of the contractor)
P.O. Box 356, Farley, IA 52046-0356 as Principal,
hereinafter called Principal,and North American Specialty Insurance Company ,as Surety,
hereinafter called Surety,are held and firmly bound City of Dubuque, Iowa
(Here insert the name and address,or legal title,of the owner)
50 W. 13th Street, Dubuque, IA 52001 as Obligee,
hereinafter called Owner,for the use and benefit of claimants as herein below defined,in the amount of
Forty Five Thousand One Hundred Twenty Five Dollars and 00/100 Dollars($45,125.00 ),for the
payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly
and severally,firmly by these presents.
WHEREAS, Principal has by written agreement dated
entered into a Contract with Ownerfor Catfish Creek(Middle Fork) Sanitary Sewer Emergency Repair
in accordance with drawings and specifications prepared by City of Dubuque, Iowa
(Here insert full name and title)
which Contract is by reference made a part hereof,and is hereafter referred to as the Contract.
NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal shall promptly make payment to all
claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,
then this obligation shall be void;otherwise it shall remain in full force and effect,subject,however,to the following conditions
1. A claimant is defined as one having a direct contract with the Principal or with the sub-contractor of the Principal for
labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being
construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly
applicable to the Contract.
2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as
herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the date on which the last
of such claimant's work or labor was done or performed,or materials were furnished by such claimant,may sue on this bond for
the use of such claimant in the name of the Owner, prosecute the suit to final judgment for such sums as may be justly due
claimant, and have execution thereon, provided, however, that the Owner shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant.
a) Unless claimant shall have given written notice to any two of the following:The Principal,the Owner,or the i
Surety above named,within ninety (90)days after such claimant did or performed the last of the work or labor, or furnished the
last of the materials for which said claim is made,stating with substantial accuracy the amount claimed and the name of the party
to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by
mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety,at any place
where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be
served in the state in which the aforesaid project is located,save that such service need not be made by a public officer,
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b) After the expiration of one(1)year following the date on which Claimant ceased work on said Contract.
c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the
project,or any part thereof,is situated,and not elsewhere, f
4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder, inclusive of the payment by Surety of mechanics liens which may be filed or record against said improvements,
whether or not claim for the amount of such lien be presented under and against this bond.
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Signed,sealed and dated l
Top Grade Excavating, Inc.
By
Nor erican Speci y s ra,ple Company `��ti}S}plftilgt/!/j��r
By
Attorney-in-Fact Dioney. YouRg Z = € =m
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Rev 511103
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NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance
Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg,
Illinois each does hereby make,constitute and appoint: Dione R.Young
Its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,the following surety bond:
Principal: Top Grade Excavating,Inc. Bond Number: 2198598
Obligee: City of Dubuque,Iowa Bond Amount: See Bond Form
Bond Description: Catfish Creek(Middle Fork)Sanitary Sewer Emergency Repair
Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of.-
FIFTY
f•FIFTY MILLION($50,000,000)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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on
the 9h of May,2012:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant 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 Company 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 Company; and it is
FURTHER RESOLVED,that the signature of such officers and the seal of the Company 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 upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached,"
'mAMWIIIftrilli/// - �p'NomSlONgsux�dao
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4 RT., Steven P.Anderson,Senior Vice President of Washington International Insurance Company R'
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5�L &Senior Vice President of North American Specialty Insurance Company $; .m
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oNI,I David&V ePre dentofN rthAmerca�nSpeciatyInsuranceCompanon International ynceCompany *`;m\�
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 25th day ofM_ ay 20 12.
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss:
On this 25th day of May 20 12 ,before me,a Notary Public personally appeared Steven P.Anderson .Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.La man ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally
known to me,who being by me duly sworn,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.
"OFFICIALSEA "
DONNA D.SKLENS `�
Notary Public,State of Illinois !
My Commission Expires 10/06/2015 Donna D.Sklens,Notary Public
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1, Jeffrey Goldberg the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company,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 of ,2015
Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company& i
Assistant Secretary of North American Specialty Insurance Company
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