In Line Skate Rink ProjectMEMORANDUM
September 8, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
In-Line Skate Rink Project
Sealed bids were received for the In-Line Skate Rink Project. Leisure Services
Manager Gil Spence recommends award of the contract to the Iow bidder, Fondell
Excavating, in the amount of $85,850.80. The Iow bid was $35,350.80 over the
budgeted amount, however the bids were very competitive, so it is recommended to
offset the overrun with funds budgeted for park retaining walls ($25,000) and
playground improvements ($15,000).
The Dubuque Youth Hockey Association has spent $43,650 for dasher boards for this
project. They needed to proceed with the purchase of the boards because they had
received a DRA grant and needed to spend the money before they lost it.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manger
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 5, 2003
TO: Michael C. Van Mitligen, City Manager
FROM: Gil D. Spence, Leisure Services ManageCb
SUBJECT: In-Line Skate Rink Project
INTRODUCTION
The purpose of this memorandum is to request that the City Council adopt the attached
resolutions awarding a contract to Fondell Excavating for construction of the concrete slab
for the in-line hockey rink.
DISCUSSION
On September 4, 2003 sealed bids were received for construction of the concrete slab for
the in-tine skate rink to be built in Allison-Henderson Park. The engineer's estimate for the
project was $76,000 and we have $50.500 in the budget. The Dubuque Youth Hockey
Association has spent $43,650 for dasher boards for this project. They needed to proceed
with the purchase of the boards because they had received a DRA grant and needed to
spend the money before they lost it.
A summary of the bids received is as follows:
Fondell Excavating
Drew Cook Excavating
Tschiggfrie Excavating
Portzen Construction
Base Bid Alternate 1
$ 82.650.80 $ 3.200.00
$ 82.380.68 $ 3.500.00
$ 93.025.95 $ 3.570.00
$ 99,992.17 $ 5,541.25
Total
$ 85,850.8O
$ 85.880.68
$ 96,595.95
$ 105,533.42
continued
In-line skate dnk project, page two
The Iow bid is $35,350.80 over the budgeted amount. The bids seem very competitive so I
would like to proceed with the project. To offset the overrun. I recommend we use funds
budgeted for park retaining walls ($25,000) and playground improvements ($15,000).
RECOMMENDATION
I recommend that the contra~ be awarded to Fondell Excavating in the amounl ~
$85.85O.8O.
Alternate 1 is for site excavating. It was separated because of some storm water work the
Engineering Division was considering and would have been done as part of their project.
They are not ready to proceed so we need to include it in our project.
ACTION STEP
The action requested is that the City Council adopt the attached resolutions approving the
plans and specifications and awarding the contract to Fondetl Excavating in the amount of
$85,850.80.
GDS:et
attachments
Preparer, Gil D. Spence
Address: 2200 Bunker Hill Rd
Phone: (563) 589-4263
RESOLUTION NO. 343-03
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
WHEREAS, on the 18th day of August, 2003, plans, specifications, form of contract
and estimated cost were filed with the City Clerk of Dubuque, Iowa for the IN-LINE SKATE
RINK CONCRETE SLAB PROJECT.
WHEREAS, notice of hearing on plans, specifications, form of contract, and
estimated cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of contract and estimated cost are hereby
approved as the plans, specifications, form of contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 15th day of September
,2003.
Attest:
Jeanne F. Schneidler, City Clerk
Terrance M. Duggan, Mayor
PK
Preparer:. Gil D. Spence
Address: 2200 Bunker Hill Rd
Phone: (589) 589-4263
RESOLUTION NO. 344-03
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the IN-LINE
SKATE PARK CONCRETE SLAB PROJECT pursuant to Resolution No. 279-03, and
notice to bidders published in a newspaper published in the City of Dubuque, Iowa, on the
5th day of September, 2003.
WHEREAS, said sealed proposals were opened and read on the 4th day of
September, 2003, and it has been determined that the bid of Fondell Excavating in the
amount of $85,850.80 was the lowest bid for the furnishings of all labor and materials and
performing the work as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Fondell Excavating and
the Manager be and is hereby directed to execute a contract on behalf of the City of
Dubuque for the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor's bond, the
City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 15th day of September, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
PK
Preparer. Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO. 277-03
PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for
the IN-LINE SKATE RINK CONCRETE PROJECT, in the estimated amount of $76,000,
are hereby approved and ordered filed in the office of the City Clerk, for public
inspection.
18th
Passed, approved and adopted this day of August ,2003.
PAt~cia A. Cline, Mayor Pro-Tern
Attest:
(..//'Jeanne F. Schneider, City Clerk
PK
Preparer:. Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO. 278-03
FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of Dubuque, Iowa has given its
preliminary approval on the proposed plans, specifications, and form of contract and
placed same on file in the office of the City Clerk for public inspection of the IN-LINE
SKATE RINK CONCRETE PROJECT.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, that on the 15th day of September, 2003, a public hearing
will be held at 6:30 p.m. in the Public Library Auditorium, at which time interested
persons may appear and be heard for or against the proposed plans and specifications,
form of contract and cost of said improvement, and the City Clerk be and is hereby
directed to cause a notice of time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall
be not less than four days nor more than twenty days prior to the day fixed for its
consideration. At the hearing, any interested person may appear and file objections to
the proposed plans, specifications, contract, or estimated cost of the improvement.
Passed, approved and adopted this 18th day of August ,2003.
Patricia A. Cline, Mayor Pro-Tem
Attest:
/~/Jeanne F. Schneider, City Clerk
PK
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO. 279-03
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL Of THE CITY OF DUBUQUE, IOWA:
That the IN-LINE SKATE RINK CONCRETE PROJECT is hereby ordered to be
advertised for bids for construction
BE IT FURTHER RESOLVED, that the amount of the security to accompany
each bid shall be in an amount which shall conform to the provisions of the notice to
bidders hereby approved as a part of the plans and specifications heretofore adopted.
That the City Clerk is hereby directed to advertise for bids for the construction of
the improvements herein provided, to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall not be less than four days
nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 4th day
of September, 2003. Bids shall be opened and read by the City Clerk at said time and
will be submitted to the Council for final action at 6:30 p.m. on the 15th day of
September, 2003.
Passed, approved and adopted this 18thdayof August
2003.
Patricia A. Cline, Mayor Pro-Tem
Attest:
~J~a-nne F. Schneider,-City Clerk PK
UB E
MEMORANDUM
August 12, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
In-Line Skate Rink Project
Leisure Services Manager Gil Spence recommends initiation of the bidding process for
the In-Line Skate Rink Project in Allison-Henderson Park, and further recommends that
a public hearing be set for September 15, 2003.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation CounseJ
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 12, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Mil[igen, City Manager
Gil D. Spence. Leisure Services Manage~,
In-Line Skate Rink Project
INTRODUCTION
The purpose of this memorandum is to request that the City Council initiate the bidding
process for construction of an in-line skate rink in Allison-Henderson Park.
DISCUSSION
The Fiscal Year 2004 capital improvement budget contains $51,000 to construct the
concrete slab for an in-line skating rink in Allison-Henderson Park. The Dubuque
Youth Hockey Association is providing dasher boards for the rink.
The bidding process outlined in the attached resolutions would be as follows:
Presentation to City Council
Notice to bidders
Receive bids
Notice of public hearing
Public hearing and award contract
August 18, 2003
August 22, 2003
September 4. 2003
September 5. 2003
September 15. 2003
The engineer's estimate for the project is $76.000. which is $25,000 more than the
budgeted amount. I am hoping the estimate is high and we receive much better bids,
but may have to look at other ~)rojects to delay, in order to fund this one. That
recommendation will be made after the bids are received.
ACTION STEP
The action requested is that the City Council adopt the attached resolutions giving
approval to the plans and specifications, authorizing the advertisement for proposals,
and establishing a date for the public hearing.
GDS:et
attachments
ClTY OFDUBUQUE
ALLISON-HENDERSON PARK
SKATE RINK-POSTTENSIONEDSLAB
BID SCHEDULE
UNIT
NO. DESCRIPTION QUANTITY PRICE
BASE BID
1 Mobilization and Miscellaneous 1 LS $% 200. O0
2 Finish Grading ILS 56 ~ 280,00
3 Sand Bed (4" thick) 450 TON 5 15.00
4 4" CPE Subdrain with Filter Stone and Fitting 298 LF 5 10.20
5 Subdrain Outlet w/Flap Gate I EA $2,256.00
6 Install Drain- Complete 2 EA S1,141.00
7 6" SDR 35 PVC Storm Sewer 202.4 LF 5 14.78
8 Concrete Reinforcing ILS 514 ~ 320.90
9 Post-Tensioning 1 LS $8,071.53
10 5" Cast-in-Place Concrete 1838.2 SY S 27.64
TOTAL
PRICE
S'~: 2OD. OO
$6,280.O0
S6. 750.00
S3.040.00
$2,256.00
$2,282,00
$2.990.91
$8,071.53
$50,800.83
TOTAL SLAB CONSTRUCTION COST ESTIMATE
$997992.17
NO. DESCRIPTION
ALTERNATE BID
A1 Site Grading
TOTAL ALTERNATE BID ESTIMATE
QUAN~TY
1LS
UNIT
PRICE
$5,541.25
TOTAL
PRICE
S 5. 541 . 25
$5. 541.2~
BID PROPOSAL
The bidder hereby certifies that they are the only person or persons interested in this
proposal as principals; that an examination has been made of the plans, specifications,
and contract form, including the special provision contained herein, and of the site of the
work, and the bidder understands that the quantities of work shown herein are
approximate only and are subject to increase or decrease; and further understand that
all quantities of work, whether increased or decreased, are to be performed at the unit
price as stipulated herein; the bidder proposes to furnish all necessary machinery,
equipment, tools, labor and other means of construction, and to furnish all materials
specified in the manner and time prescribed and to do the work at the prices herein set
out.
Accompanying this proposal in a separate envelope is a cashier's or certified check
payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank
chartered under the laws of the United States, in the amount of ten percent (10%) of the
bid submitted; or a bid bond in the' penal sum of ten percent (10%) of the bid submitted
executed by the bidder and an acceptable Corporate Surety. It is understood that this
proposal guarantee will be retained in the event the formal contract or bond is not
executed, if award is made to the undersigned.
The bidder further agrees to execute a formal contract and bond, if required by the
contract documents, within seven (7) days of the award of the contract by the City
Council, and that they will commence work on or about ten (10) days after the date of
the contract, and will complete the work within the specified contract period or pay the
liquidated damages stipulated in the contract documents.
The bidder acknowledges receipt of the following addendum:
Dated
September 4, 2003
Dated
Contractor P6rtzen Construction, Inc.
Individual ( ) Partnership ( ) Corporatio~ (~)
Sign~a}ur~'& Titl~,) ~Y - -
205 Sa]ffnm St',
Address
Dubuque Iowa 52003
City State Zip
Note: To be completed by out of State bidders.
The State of does ( ) / does not ( ) utilize a percentage preference for in-
state bidders. The amount of preference is percent.
CITY OF DUBUQUE
ALLISON-HENDERSON PARK
SKATE RINK - POST TENSIONED SLAB
BID SCHEDULE
NO. DESCRIPTION
BASE BID
1 Mobilization and Miscellaneous 1 LS
2 Finish Grading 1 LS
3 Sand Bed (4" thick) 450 TON
4 4" CPE Subdrain with Filter Stone and Fitting 298 LF
5 Subdrain Outlet w/Flap Gate 1 EA
6 Install Drain - Complete 2 EA
7 6" SDR 35 PVC Storm Sewer 202.4 LF
8 Concrete Reinforcing 1 LS
9 Post-Tensioning 1 LS
10 5" Cast-In-Place Concrete 1838.2 SY
UNIT
QUANTITY PRICE
TOTAL
PRICE
TOTAL SLAB CONSTRUCTION COST ESTIMATE
NO. DESCRIPTION
ALTERNATE BID
A1 Site Grading
TOTAL ALTERNATE BID ESTIMATE
QUANTITY
1 LS
UNIT
PRICE
TOTAL
PRICE
BID PROPOSAL
The bidder hereby certifies that they are the only person or persons interested in this
proposal as principals; that an examination has been made of the plans, specifications,
and contract form, including the special provision contained hereir% and of the site of the
work, and the bidder understands that the quantities of work shown herein are
approximate only and are subject to increase or decrease; and further understand that
all quantities of work, whether increased or decreased, are to be performed at the unit
pdce as stipulated herein; the bidder proposes to furnish all necessary machinery,
equipment, tools, labor and other means of construction, and to furnish all materials
specified in the manner and time prescribed and to do the work at the prices herein set
OUL
Accompanying this proposal in a separate envelope is a cashier's or certified check
payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank
chartered under the laws of the United States, in the amount of ten percent (10%) of the
bid submitted; or a bid bond in the penal sum of ten percent (10%) of the bid submitted
executed by the bidder and an acceptable Corporate Surety. It is understood that this
proposal guarantee will be retained in the event the formal contract or bond is not
executed, if award is made to the undersigned.
The bidder further agrees to execute a formal contract and bond, if required by the
contract documents, within seven (7) days of the award of the contract by the City
Council, and that they will commence work on or about ten I10) days after the date of
the contract, and will complete the work within the specified contract period or pay the
liquidated damages stipulated in the contract documents.
The bidder acknowledges receipt of the following addendum:
Addendum #1 Dated September 4, 2003
Dated
Contractor Tschi~frie Exca~-atin~ Co
IndM_du~l ( ) Partnership ( ) Corporation
425 Julien DubuQue Dr
Address
Dubuque Iowa 52003
City State Zip
Note: To be completed by out of State bidders.
The State of does ( ) / does not ( ) utilize a percentage preference for in-
state bidders. The amount of preference is percent.
CITY OF DUBUQUE
ALLISON-HENDERSON PARK
SKATE RINK - POST TENSIONED SLAB
BID SCHEDULE
NO. DESCRIPTION
BASE BID
1 Mobilization and Miscellaneous ILS
2 Finish Grading 1 LS
3 Sand Bed {4" thick) 450 TON
4 4" CPE Subdrain with Filter Stone and Fitting 298 LF
5 Subdrain Outlet w/Flap Gate 1 EA
6 Install Drain - Complete 2 EA
7 6" SDR 35 PVC Storm Sewer 202.4 LF
8 Concrete Reinforcing 1 LS
9 Post-Tensioning 1 LS-
10 5" Cast-In-Place Concrete 1838.2 SY
UNIT
QUANTITY PRICE
TOTAL
PRICE
TOTAL SLAB CONSTRUCTION COST ESTIMATE
NO. DESCRIPTION
ALTERNATE BID
Al Site Grading
TOTAL ALTERNATE BID ESTIMATE
QUANTITY
1 LS
UNIT
PRICE
TOTAL
PRICE
BID PROPOSAL
The bidder hereby certifies that they are the only person or persons interested in this
proposal as principals; that an examination has been made of the plans, specifications,
and contract form, including the special provision contained herein, and of the site of the
work. and the bidder understands that the quantities of work shown herein are
approximate only and are subject to increase or decrease; and further understand that
all quantities of work, whether increased or decreased, are to be performed at the unit
price as stipulated herein; the bidder proposes to furnish all necessary machinery,
equipment, tools, labor and other means of construction, and to furnish all materials
specified in the manner and time prescribed and to do the work at the prices herein set
out.
Accompanying this proposal in a separate envelope is a cashier's or certified check
payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank
chartered under the laws of the United States, in the amount often percent [10%) of the
bid submitted; or a bid bond in the penai sum often percent (10%) of the bid submitted
executed by the bidder and an acceptable Corporate Surety. It is understood that this
proposal guarantee will be retained in the event the formal contract or bond is not
executed, if award is made to the undersigned.
The bidder further agrees to execute a formal contract and bond, if required by the
contract documents, within seven (7) days of the award of the contract by the City
Council, and that they will commence work on or about ten (10) days after the date of
the contract, and will complete the work within the specified contract period or pay the
liquidated damages stipulated in the contract documents.
The bidder acknowleoges receipt of the following addendum:
Dated
Contractor bi~_Lo (/~o~-¢~,-s ~¢'~'¢o~
Individual ( ) Partnership ( ) Corporation
Signature & Title
Address
City ~ State Zip
Note: To be completed by out of State bidders.
The State of does ( ) / does not ( ) utilize a pementage preference for
state bidders. The amount of preference is percent.
Sep 02 03 10:45~ Poptzen?Db~ Pimc & Ht~ 563-557-9048
.BID BOND
KNOWN ALL MEN BY THESE PRESENTS that we, Portzen Construction, Inc.
, as Principal: and United Fire & Casualty Co. , as Surety, are he~d and firmly
bound unto the City of Dubuque hereinafter calted "Municipality", in the penal
sum of 10% of Attached Bidfn lawfu~ money of the Un 'ted States, for the payment of
which sum well and truly to be made, we bind ourselves our heirs, executors.
administrators, and successors, joint y and severahy, firmly by these oresents. The
condition of this obligation is such that whereas the Principal has submitted the
accompanying bid, dated September 4th .2003, for the in-Line Skate Rink.
NOW, THEREFORE, if the Principal shall not withdraw said bid within the period
specified therein during the opening of same, or if no period specified, within thirty (30)
days after said opening, and shall within the period specified therefore, if no period be
specified, within sever (7) days after the prescribed forms are presented to. him for
signature, enter into a written comram with the Municipality, in accordance with the bid
as accepted, and give bond with good and sufficient surety or sureties as may be
required for the faithful performance and proper fulfillment of such contract, then the
above obligation shalJ be void and of no effect, otherwise to remain in full force and
virtue.
By virtue of statutory authority, the full amount of this bid bond shall be forfekeo to the
Municipality in liquidations of damages sustained in the event that the afore described
bidder, Principal, fails To execute the contract and provide the bona as provided in the
specifications or by law.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument
under their several seals this 4th day of September ,2003,
the name and corporate seal of each corporate parry being hereto affixed and these
presents duly signed by its undersigned representative pursuant to authority of its
governing body,
Date: 9/4/03
Date: 9/4/03
Portzen Construction, Inc.
Principal
United Fire & Casualty co.
Surety
U.NITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY':OF POWER.~ ATTORNEY ~ ..
{Origir~ o~-file.a~ Home.'Of~l~e '6f C~mpar~y - See ~e~tificati~n)
u~er~.~e '1~ of ~e. $~e. o~. iowa. and havmg~ts p~J~C~a[ gff~.~ ~ ~RaDi~,' S~te of ~;Jowa;' ?~e~ m~e, cO~t~ and
appoint PA~;CIA ~.;.[:.,~tCE, 0~ DAVID ~'~;~Z, OR DIA,N~"~K~ HEDRICK
SI~DBERG, OR ~tNA L. ELSKAMP, ALL INDIVIDUALLY
e. ~or[~ h~eby~gr~tefl ~l~.ex~re .OCTO~EE 4~h .20:03~< ~e~ sooner: revq~.~ ' ."
~ ,-: ~ ........ · .......~ ,.: ~cle ~ Sure~ Bon~s and Unde~akmgs. : -. ~.' : .~ , - ~-,.
State of Iowa, County of Lira1, s~
be signed Dy its ~ce president a3a
4th aay of OCTOBER
its COrporate Seal to be hereto affixed :his
_ .A.D. 200 L.~,
UNITED FIRE & CA,~JAL37~ ~ON~ANY ':' :'~
:: .:..to-':me k~ow~; w~ b~[Dg"by..,~e~Jy swor~ did depos, and s~: tn~ he resides Jn CedaF
]':: 7VJ~ Pre[~d~ o~ t~:0N~D 'F~RE::& CASUALS: COMDANY '~he'~orpora~0h ~rb~d
,. ~ ms~ume~;-~a~ he k~ ~e sea[ of ~*d corp~ra~o~; t~t the sea[ zf~xed
.. ~the pnde~s~ne~ o~f ~ o:f t~' UNt~ F~;& CA~L~ COMPANY ~o hereby C~r~f~ that
· :~ ~ ~J ... . .
B)D BOND
KNOWN ALL MEN~¥ T_ .HESE PRESENTS, that we, Tsch:~ggfrie Excavatiu§ Co.
, as Principal. a~d, ~o~~~ , as Surety, are h~d and fi~ly
bound unto the e4.~ .~ n,,~, ..... here namer catled Mun c pah~, in the penal
sum of~u~r~22{] ~> in ~a~l money of the United States, for the payment of
which sum well and t~ly to be made, we bind ourselves, our heirs, executors,
administrators, and successors, jointly and severally, fi~ly by these presents. The
condition of this obligation is such that whereas the Principal has submiBed the
accompanying bid dated September 04 . , 2003, for the In-Line Skate Rink,
NOW, THEREFORE, if the Principal shall not withdraw said bid within the pedod
specified therein dudng the opening of same, or if no period specified, within thirty (30)
days after said opening, and shaII within the period specified therefore, if no period be
specified, within seven (7) days after the prescribed forms are presented to him for
signature, enter into a written contract with the Municipality, in accordance wfth the bid
as accepted, and give bond with good and sufficient sure~y or sureties, as may be
required for the faithful performance ant proper fulfillment of such contract, then the
above obligation shall be void and of no effect, otherwise to remain in fuli force and
virtue.
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the
Municipality in liqu dations of damages sustained in the event that the afore described
bidder, Principal. fails to execute the contract and ~rovide the bond as provided in the
specifications or by law.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument
under their several seals this 04t]~ day of September ,2003,
the name and corporate seal of each corporate party being hereto afr~xeC and these
presents duly signed by its undersigned representative pursuant to authority of its
governing body.
Date: September 04. 2003
Date: September 04. 2003
Tschigmfrie Excav¢$in~ CO,
Principal
Fideli~. ~d Deposit C~v of ~l~d
Sure~
By ~~ ~. ~ -
ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
We are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of
2002. No action is required on your pm.
Disclosure of Terrorism Premium
The premium charge for risk of loss resulting from acts of terrorlsm (as defined in the Act) under tiffs bond is
$ waived . This amount is reflected in the total premium for this bond.
Disclosure of Availability of Coverage for Terrorism Losses
As required by the Terror/sm Risk Insurance Act of 2002, we have made available ro you coverage for losses
resulting [rom acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ
materially as those for losses arising from events other than acts of terrorism.
Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechardsm by which the United States government will
share in insurance company losses resulting from acrs of terrorism (as defined in the Act) after a insurance company
has paid losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of
direct earned premium in the prior year; for 2003, 7% of direct earned premium in the prior year; for 2004. 10% of
direct earned premium in lhe prior year; and for 2005, 15% of direct earned premium in the prior year. The federal
share of an insurance company's losses above its deductible is 90%. In the event the United States government
parucipates in losses, the United States government may direct insurance companies to collect a mrrorism surcharge
from policyholders. The Act does not currently provide for insurance industry or United States govenunenr
participation in terrorism losses that exceed $i00 billion in any one calendar year.
Definition of Act of Terrorism
The Terrorism Risk Insurance Act defines "act of terror/sm" as any act that is certified by the Secretary of the
Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: l. to be an act often'or/sm;
2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an a~r
carrier (as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a
vessel based principally in the United States, on which United States income tax is paid and whose insurance
coverage is subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individuaI or individuals acting on behalf of any foreign person or foreign
interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coemion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is comm/tted as part of the course ora
war declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting
from the act, in the aggregate, do not exceed $5,000,000.
These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zur/ch American Insurance Company 2003
-O050749.doe
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: :3910 KESWlCK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. a
corporation of the State of Maryland, by M. P. HAMMOND, Vice Presideot~ and T. E. SMITH, Assistant Secretary, m
pursuance of anthority granted by Article V1. Section 2, of the By-Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint F. Melvyn Hrubetz, Joyce O. Herbert, Mark E. Ke~irnes, Naney.~O. Sehwarz, Melissa L. Evans and Patrick K.
Doff, all of Des Moines, Iowa, EACH its true and lawfu)~t and A~-in-Fact, to make, execute, seal and deliver,
for, and on its behalf as surety, and as its act and deed:~o~_~a~nd all bg~l~nd undertakings and the execution of such
bonds or undertakings in pursuance of these presents~h~be as b~'~upun said Company, as fully and amply, to all
intents and purposes, as if they had been duly execut~acknow)~-~oy the regularly elected officers of the Company at
its office in Baltimore, Md., in their own proper p~is p~Cr~ attorney revokes that issued on behalf of F. Melvyn
~ The said Assistsnt Secretary does hereby ceO'S_the_ e ~x'~a~ forth on file reverse side hereof isa Irue copy of A~cle Vi,
Section 2, of the By-Laws of said Company, ~a~pow in
WITNESS WHEREOF, the said ,~r~estdent~ss[stunt Secretary have hereunto subscribed their names and
afl'meal the Corporate Seal of the sa~"I~))DELITY~A~I~D DEPOSIT COMPANY OF MARYLAND, this 12ill day of
November, A.D. 2001. . ,/~ v ~......~
Al l~ST: ~ ~_,,~% FIDELITY AND DEPOSIT COMPANY OF MARYLAND
~ E. Smith Assistant Secretary 3/[ P. Hammond Vice President
State of Maryland }
County of Harford ss:
On this 12th day of November. A.D. 2001. before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came M. P. HAMMOND, Vice Presidem. and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, m me personally known m be the individuals and officers
described in and who executed file preceding instrument, and they each acknowledged the execution of the same. and being
by me duly sworn, severally and each for himself deposeth and saith, that riley are file said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that file said Corporate Seal
and their sigantures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
file said Corporation.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year fn'st above
written.
Patricia A. Trombetti - Notary Public
My Commission Expires: October 9. 2002
POA-F 088-6895
BID BOND
KNOWN ALL MEN BY THESE PRESENTS. that we Fondell Excavating, Inc.
· as PrincF~ak and United Fire & Casualty Co. Tas Surety. are nejd and firmly
Bound unto the City of Dubuque hereinafter catted "Mun~opahty" ~n the penal
sum of 10% of Attached Bicln tawfu] money of the Umteo States. for the payment of
winch sum well and truly to be made. we bind ourselves, our heirs, executors.
aom~mstrators, and successors, jointly and severally, firmty oy these presents. The
condition of this obligation is such that whereas the Principal has submitted the
accompanying bid. dated September 4th 2003, for the In-L,ne Skate Rink.
NOW THEREFORE if the Prinopal shall not withdraw said bid withir. [ne period
specified fherem dunng the opemng of same or if no cenod specified within thcty (30)
days after sa~d coemng, anc shatl within the period specified therefore if no period be
specified, w~th~n seven (7) days after the prescribed forms are presented [o him for
s;gnature, enter into a written contract wit~ the Mumc~Pality. m accordance w~th the b~d
as accepted, ano g~ve bond with good and sufficient surety or surebes, as ma/De
required for the faithfu oed'ormance and 2roser futfiilment of such contract, then the
above obligation shall De vo~n and of no effect other'w,se 1o remain m full force and
virtue
By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the
Municipality ~n houidations of damages sustained ~n the event that the afore descnoeo
bidder. Pnncipal. fails to execute the contract ano prowde the bond as prov[deo m the
~ 3ecl~catiort~ or by law.
IN WITNESS WHEREOF' the above bounden parties have executed th~s mstrumem
under their several seals th~s 4th day of Seotember .2003.
the name ano corporate seal of each corporate party being hereto affixed and these
;)resents duly signed by its undersigned representative ~ursuant to authority of ~ts
goveming body,
Date:
914103
Fondell Excavating, inc.
Princ~ua~
Date: 9/4/03
United Fire & Casualty Co.
Surety
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY'OF POWER OF ATTORNEY
~Origir~ on.file.at ~orme'.Offk~e ef. Campa~ly .- Se~ ~.e~ffJcati~) .-
: KNOW:.:AL~ M~N':BY :TH.ESE ~E~ENT$,:Tha~?h~ ~ITE~ ~E &-.~S~AL~ COre.ANY; a::corpor~t,on] ~y :or~i~ and~.ex~
a~D°~nt/PA~CIA A;'FRtCK, 0R:.'DAVID F~Z~ 0R DIAN[ K~ HEDRICK
SINDBERG, OR NINA L. ELSKA~P, ALL INDIVIDUALLY
.~:
~e ~n~ h~eby grated s~i~..exp~re OCTOBER &~h .~03 - ~e~ s~oner
~s power.~f ~ney..ts made a~d exec~t~.:p~su~t ~ an~ ~y~ aU:hoc~ ~f the follow,~ ~-Law ~ly~dopted ~b~ t~ :.:>
B~d.~ Oir~S o~:t~ C~ on'~pr~l'= ~, ~19~ ....
S~te of Iow~, Cou.~ of Li~, s~
~ ~is ~t.~ d~?of O'C~O~ER 2001~before me personally came JO~
' :':;~ g'~:~e ~ders~gne~ o~.~ o~.tba UNITED F~RE &~¢AS~ALTY ~M~Y,..do ~h~r~y cert~y
.=-- ~.. l~.testimDny whereof .[ ~Fe hereunt~ subscribed my ~e and affi~e co~at~ seal of ~e..sai~
?"="~ : '.~~~j~ ~' ?.:. .:~',-.~:-.: ~":," ......., , _~;..~ ~-' .. ~. ~ =,:, ~ ~:" ~: ..,.~: ~'.. .: .~,-.- ;:.
-. .~ .;~ ~] .~' ~ . ' ; .... : · . . ·
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Drew Cook Sons Excavating, Inc. 5200 Wolff Road
Dubuque, IA 52002
(Here insert full name and address or legal Hie of Contractor)
as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual) 2100 Fleur Drive
Des Moines, IA 50321
(Hem insert f~ll name and address or legal titJe of Surety)
a corporation duly organized under the laws of the State of Iowa
as Surety, hereinafter called the Surety, are held and firmly bound unto Cit7 of Dubuque
as Obligee, hereinafter called the Obligee, in the sum of
Ten Percent of the Amount Bid Dollars ($ .....10% ...... ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS, the Principal has submitted a bid for Allison-Henderson Park Skate Rink Post Tensioned
Slab, Dubuque, IA (Here insert fulI name address and description of projecB
NOW THEREFORE. if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the terms 3f such bid, and ~ive such bond or bonds as may be sDec]fi~.d in the bidding or Contract Documents with good
and sufficient surety for the faithful performance of such Contract and for the prompt 3ayment of labor and matedal furnishea in the
prosecution thereof or in the event of the failure of the Principal to enter such Contract and give such bond or bonds if the Principal shall
3ay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for
which the Obligee may in good faith contTac~ with another 3arty to cefform the Work covered by said bid, then this obiigabon shaft be null
and void. otherwise to remain in full force and effect.
Signed and sealed this 4th
(Witness)
day of September
Drew Cook & Sons Excavating, Inc.
2003
(Principal) (Seal)
{Title)
~'ma L. Beason ( ' )
Merchants Bonding Company (.MutuaB
/')_ (Sureb~) / (~'~)
0i~ne M. Vanderpool, :Attomey-in-~ct(Title) '
AIA DOCUMENT A310 · BID BOND · AIA ® · FEBRUARY 1970 ED - THE AMERICAF,
INSTITUTE OF ARCHITECTS 1735 N.Y. AVE., N.W., WASHINGTON. D. C 20006
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY BondNo. BidBond
Know All Persons By These Presents that the MERCHANTS BONDING COMPANY (MUTUAL), a corporafior duly organized under
the laws of the State of iowa, and having its principal office in the City of Des Moines. Goumy of Polk, State of iowa. hath made,
constituted and appointed, and does Dy these presents make. constitute and appoint
D~an M. Clark Brenda K. ¥in¢¢nt, J'~mifer K. Walkar.
Diane M. Vanderpool, Ginger L. Yates
of Des Moines and State of Iov~ its true and lawful Attorney-in-Fact. with full Dower
and authority hereby conferred in ~s name, place and stead, to sign. execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject ~o the limitaiton that any such
instrument shall not exceed the amount of:
TEN MILLION ($10,000,000.001 DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly aumafized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and ail the acts of
said At~ornay-in-Fact, pursuant to the authority herein given, are hereby 'atffied and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16 2002.
ARTICLE ri, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power ano
atahedty To appoint Attomays-in~Fact. and to authorize them to execute on behalf of the Company, and attach the Sea[ of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory ir the nature
thereof.
ARTICLE Il. SECTION 9 - The signature of any authorized officer and the Seal of the Company may ~e affixed by facsimile
to any Power of Attorney or Certification thereof authodzthg the execution eno delivery of any band. undertaking,
recognizance, or other suretyship obligations of the Company, and such signature eno seal when so useo shall have the
same force and effect as though manually fixed.
n W?~ness Whereof, MERCHANTS BONDING COMPANY (MUTUALI has caused these presents ta be signed by its President and
its corporate sea[ to be hereto affixed, this 1st day of January, 2003.
ME CBAN S SONB,NG COMPANY (MUTUAL)
· .
· ~.. 1933 : ~.
· .'¢,~;:,; ........ ~,~..
" ~ ¢~ .'* president
MARILYN BOYD
Commission Number 10012
My Commission Excpires
November 4. 2004
STATE OF IOWA
COUNTY OF POLK ss.
I William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has ~ot been amended or revoked.
in Wt~ness Whereof. I have hereunto set my hand and affixed the seal of the Company on th~s 4th day of September, 2003.
MSC 0814 (2/03}