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Mullen Rd Sanitary Sewer Project DG~~E ~<k~ MEMORANDUM May 9, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road CIP: 310A65 Sealed bids were received for the Mullen Road Sanitary Sewer Reconstruction Project from Asbury Road to Hillcrest Road. City Engineer Gus Psihoyos recommends award of the contract to the low bidder, Drew Cook & Sons Excavating, in the amount of $49,982.85, which is 13.96% below the engineer's estimate. I concur with the recommendation and respectfully request Mayor and City Council approval. (lt1 [c,Jdl L- Mic~ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, City Engineer . , : \, 5U~~JE ~<k~ MEMORANDUM May 6, 2005 FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer ~ TO: SUBJECT: Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road CIP: 310A65 INTRODUCTION The enclosed resolution authorizes the award of the construction contract for the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road. DISCUSSION The project was approved for the Fiscal Year 2005 Capital Improvement Program, and provides for the installation of approximately 433 feet of eight-inch sanitary sewer on Mullen Road. The total project length has been reduced from that indicated on the original Capital Improvement Project due to the final design. The main in this area has backed up several times in the past year and requires constant maintenance by sewer crews. The sanitary sewer has been completely redesigned to direct the sanitary sewer flow from Asbury Road to Hillcrest Road. Private sewer laterals will be reconstructed at the City's expense to allow for this redesign. A cost-savings will be realized since the sanitary sewer depth will be dramatically decreased. After the completion of the project, the roadway will be completely overlaid by the Public Works Department as part of its asphalt overlay program. DISCUSSION Sealed bids for the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road were received on May 5, 2005. Drew Cook & Sons Excavating of Dubuque, Iowa, submitted the low bid in the amount of $49,982.85. This amount is 13.96% below the engineer's estimate. A summary of the bid proposals received is as follows: Drew Cook & Sons Excavating McDermott Excavating Fondell Excavating Tschiggfrie Excavating Top Grade Excavating Connolly Construction $49,982.85 $51,014.67 $55,732.90 $62,214.89 $62,751.55 $63,352.01 RECOMMENDATION I recommend that the contract be awarded to the Drew Cook & Sons Excavating in the amount of $49,982.85. BUDGET IMPACT The summary of the project costs is as follows: Cost Estimate Award Construction Contract $58,092.18 $49,982.85 Contingency 5,809.21 5,809.21 Engineering 9.585.21 9.585.21 Total Project Cost $73,486.60 $65,377.27 The project will be funded with the Sanitary Sewer Construction Fund from a Fiscal Year 2006 appropriation in the amount of $117,000. ACTION TO BE TAKEN I recommend that the City Council adopt the attached resolution awarding the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road to Drew Cook & Sons Excavating in the amount of $49,982.85. Prepared by Todd Irwin, Engineering Assistant cc: Dawn Lang, Budget Director John Klostermann, Public Works Todd Irwin, Engineering Assistant RESOLUTION NO. 226-05 RESOLUTION ADOPTING PLANS AND SPECIFICATIONS Whereas, on the 13th day of April, 2005, plans, specifications, form of contract and estimated cost were filed with the City Clerk of Dubuque, Iowa for the M.ullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road. Whereas, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. NOW THEREFORE, BE IT RESOLVED BY THE 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, adopted and approved this 16th day of May ,2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. 227-05 AWARDING CONTRACT Whereas, sealed bid proposals have been submitted by contractors for the Mullen Road Sanitary Sewer Reconstruction Project, from Asbury Road to Hillcrest Road, pursuant to Resolution No. and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22"d day of April, 2005. Whereas, said sealed proposals were opened and read on the 5th day of May, 2005, and it has been determined that the bid of Drew Cook & Sons Excavating, in the amount of $49,982.85 was the lowest bid for the furnishings of all labor and materials and performing the work as provided for in the construction documents. 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 Drew Cook & Sons 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. 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N ~~~~~ ~g~~"iii a;~MN~ ,g :l ~~~~lI) ~~~~~~ ~~~.re~ ~M --N ~~~~~ g~~g"iii LOccitriu::iO r-- I- ,g :l ~~~~lI) ~ ~ ~ CD C"i ..... "iii '0 I- ~ ~ o (; C"i N "iii '0 I- ~ ~ o r-- '<I" -i N "iii '0 I- .MAY~~2-2005 10:57 CONNOLLY CONSTRUCTION INC 563 876 3115 P.03/05 QID BOND KNOWN ALL MEN BY THESE PRESENTS, that we Connolly Construction, Inc. as Principal (Contractor), and United Fire & Casualty Co. , as Su~ety, are held and firmly bound unto the unto the Ci~ Qf Dubuque, Iowa (City), in the penal sum of Ten Percent (10%) of AttachlfllYlRWfuI money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid, dated 5th day of Mav , 2005, for the Mullen Road Sanitary Sewer Reconstruction Project. 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 seven (7) days after the prescribed forms are presented to him for signature, enter into a written contract 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 shall 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 forfetted 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 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 3rd day of May , 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL: SURETY: CONNOLLY CONSTRUCTION, INC. Contractor . -1~ By. ,><~ Signature Vice p{e<S'IJ~Y\-t Title UNITED FIRE & CASUALTY CO~ (~Company. ./;.:tz?. By: ._pU~ go J~ Q..~ Signature Attorney-in-Fact Title ~\CA 'f Y) d-OO 5 Date . May 3, 2005 Date CITY OF DUBUQUE, IOWA MULLEN ROAD SANITARY SEWER RECONSTRUCTION CIP # 310-243 BID FORM NO. DESCRIPTION QUANTITY I MISCELLANEOUS 1 Seed, Mulch and Fertilize (Urban Mix) 2 Traffic Control 3 Flowable Mortor 100 SY 1 LS 20 CY I SANITARY SEWER 4 Tie into Existing Sewer 5 4' Dia. Manhole Base 6 4' Dia. Manhole Sidewall 7 Manhole Frame & Cover a a" PVC SDR-26 PVC wi Initial Backfill 9 Wye ax4 SDR-26 PVC wi Initial Backfill 10 4" PVC SDR-26 Lateral wI Initial Backfill 11 4" Saddle and Tap 12 Lime Backfill 1 LS 2EA 22.39 LF 2 EA 432.73 LF 13 EA 260 LF 1 LS 750 Ton I Pavement Repair 13 4" ACC Pavement Patch Inc Full Depth Sawcut 14 3/4" Base Stone 15 4"x4' PCC Walk 16 2.5' PCC Curb & Gutter 203 Ton 435 Ton 274 SF 80 LF UNIT PRICE .r F~'> ( (,1 I~)(l ' Pc Sub Total /+, :_l/,t. 'I, ~-. ,. 7S-c fCe - {LtC - '~t:; Fe :10 - )'';C (;, 50 Sub Total i - 1"; I i;i ")1 ~" ].1 ' Sub Total TOTAL PRICE I . / ,~, ,_ ~ ,i Isa' ~,cc .. ICC. ji...f.- jC";u' ~;l J )'1 ~ :7. CCr . {el1" I . ", II. 't Ii J ,,) ) J ( t:; C. t I I /. d]~" .~ " '~.J1 , TOTAL 1C1.,7S i 5S' . 1 BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we Top Grade Excavating, Inc. as Principal (Contractor), and North Ameri can Speci a Hy Insurance Compant as Surety, are held and firmly bound unto the unto the City of Dubuque, Iowa (City), in the penal sum of Ten Percent of amount bid--(10%)-- in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, The condition of this obligation is such that whereas the Principal has submitted the accompanying bid. dated 5th day of May , 2005, for the Mullen Road Sanitary Sewer Reconstruction Project. 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 seven (7) days after the prescribed forms are presented to him for signature, enter into a written contract 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 shall 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 forfeited 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 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 5th day of May , 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL: SURETY: North American Specia1ty Insurance Company Surety Company ~~ Si ature By: Janet Alessio, Attorney-in-fact Title May 5, 2005 Date May 5, 2005 Date -. ... 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 Arizona and having its principal office in the City ofItasca, Illinois, each does hereby make, constitute and appoint: JANET ALESSIO, JAY D. FREIERMUTH, CRAIG E. HANSEN, MARTHA LA THRUM, DIANNE S. RILEY and BRIAN M. DEIMERL Y 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 ofa 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 otheIWise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TEN MILLION (10,000,000.00) 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 North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two of the President, any Executive 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." ~~\\~~~I~"III% By C /? '. ~/ ;~-:t.1ioNAi~"',,,,, ~".,~~~~~ ~ 6/ l'.to/;,... ~Jb~ =_!)/ SEAL ~..\\_ I, CORPORATE ~i'~. s i!;\. 1""" ,m:: P.ul D. Am.tutz, P,..ld.nt & Chl.f Ex..udv. Offi.., of W..hington Int.,n.tion.lln.n,.n.. Comp.ny & I L. SEA L /. ('Ii .: __ UI ". ., <OJ flI~ 0 S Vice President of North American Specialty Insurance Company .. ... ~ ... ~~..... It. ~~~~ M \~'\.... ARllllllA / ,Ii '~;.i:;.:~~~lt"'~ ~~.................. ~!I.'"'" ~1l~VN · ,...,.. ~,~ ~"'~ * "...",-", 7111""IllIIl\\'~ -. '""......,..'" By Steven P. Anderson, Executive Vice President ofWasbingtoD International Insurance Company & Vice President of Nortb American Specialty Insurance Company 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 ~day of February ,20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County ofDu Page ss: On this ~ day of February ,20~, before me, a Notary Public personally appeared Paul D. Amstutz , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson Executive 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. ~ a-c:Y'~ Yasmin A. Patel, Notary Public I, James A. Carpenter , 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 5th day of May ,20~. ~~~~ James A. Carpenter. Vice President & Assistant Secretary of Washington International Insurance Company & Assistant Secretary of North American Specialty Insurance Company . ---~....- CITY OF DUBUQUE, IOWA MULLEN ROAD SANITARY SEWER RECONSTRUCTION CIP # 310-243 BID FORM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE I MISCELLANEOUS 1 Seed, Mulch and Fertilize (Urban Mix) 2 Traffic Control 3 Flowable Mortar 100 SY l./..'E t../oo ~ 1 LS i5M .e;. /sooCf! 20 CY qlJ_~ ~&JO .l!.! Sub Total I 7DO ~ I 1 LS q5o~ Q50'?- 2'EA ,iS~ / t.f3o}!!? 22.39 LF i70c!! 3M&.. '3~ 2 EA 3S0~ (!')(J IDO =- 432.73 LF 33.7J' /q~()</. 0- 13 EA /50~ /95o~ 260 LF 3 i .Q5... '&'075 ~ 1 LS 58D5~ 5 gO .<t! 750 Ton ~9!2 43?t~ Sub Total 13lt, <t 8:~ 203 Ton 75~ / SZZ-~.cB 435 Ton g.~ 3SgS. ?? 274 SF 5~2 I f../S2 .23- 80 LF . (p ("0 / 2SW c!!. I .- Sub Total 12/54S.~ TOTAL I (~Z z/~fMl !SANITARY SEWER 4 Tie into Existing Sewer 5 4' Dia. Manhole Base 6 4' Dia. Manhole Sidewall 7 Manhole Frame & Cover 8 8" PVC SDR-26 PVC wi Initial Backfill 9 Wye 8x4 SDR-26 PVC wi Initial Backfill 10 4" PVC SDR-26 Lateral wi Initial Backfill 11 4" Saddle and Tap 12 Lime Backfill I Pavement Repair 13 4" ACC Pavement Patch Inc Full Depth Sawcut 14 3/4" Base Stone 15 4"x4' PCC Walk 16 2.5' PCC Curb & Gutter J'.<< ,. . . r~+.- CITY OF DUBUQUE, IOWA MULLEN ROAD SANITARY SEWER RECONSTRUCTION CIP # 310-243 BID FORM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE I MISCELLANEOUS 1 Seed, Mulch and Fertilize (Urban Mix) 2 Traffic Control 3 Flowable Mortar 100 SY LloO t../oo .t!? 1 LS i5()().~ /sooCf! 20 CY tJO.t;5! ~&JO l!! Sub Total I 7~~ , 1 LS q5o~ Q50:e 2EA '71 S ~ fCI3o.C?;? 22.39 LF i7D~ 3BOCa.. '3C} 2 EA 3'50~ (')C1 7(JO ::- 432.73 LF 33~?2" /4~o'/. t.e!i 13 EA /5o;E /95o~ 260 LF :"31.~ 80 7'b ~ 1 LS 5&) -'~ 5 30.ct! 750 Ton &,~ 48ft ~ Sub Total 13~~ g:~ 203 Ton 7'S:8 / 5ZZ-~.cB 435 Ton g.~ 35gS. ?J 274 SF 5~2 I t./S2.2!! 80 LF , (p.Cf2 /ZSW ~ Sub Total 12/545.~ TOTAL I (~ 2. 2/qS<t I I SANITARY SEWER 4 Tie into Existing Sewer 5 4' Dia. Manhole Base 6 4' Dia. Manhole Sidewall 7 Manhole Frame & Cover 8 8" PVC SDR-26 PVC wi Initial Backfill 9 Wye 8x4 SDR-26 PVC wi Initial Backfill 10 4" PVC SDR-26 Lateral wi Initial Backfill 11 4" Saddle and Tap 12 Lime Backfill I Pavement Repair 13 4" ACC Pavement Patch Inc Full Depth Sawcut 14 3/4" Base Stone 15 4"x4' PCC Walk 16 2.5' PCC Curb & Gutter , .. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Law id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effi t l{) cOl reof, does hereby nominate, constitute and appoint F. Melvyn HRUBETZ, Joyce O. HE . S, Nancy D. SCHWARZ and Patrick K. DUFF, all of Des Moines, low 3 C. orney-in-Fact, to make, execute, seal and deliver, for, and on its beha ite'ts . and all bonds and undertakings, and the exeCUtiOaeOf suc '" n' se presents, shall be as binding upon said Company, as fully a~d ampl t ieJ een duly executed and acknowledged by the regularly elected of Hii ". ore, Md., in their own proper persons. This power of attorney revokes that issued of . Z, Joyce O. HERBERT, Mark E. KEAIRNES, Nancy D. SCHWARZ, Melissa L. EVANS, ~~ ' ed April 11 , 2003. The said Assistant Scf'r~ does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affIXed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of February, A.D. 2005. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Gregory E. Murray Assistant Secretary ~. !1/~ ~~~ '/ Theodore G. Martinez State of Maryland } 55' City of Baltimore . On this 24th day of February, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the 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 they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were du1y affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year fIrst above written. ,,\' ~~ ~l',~''''", ~' 'i'~.~"",;,,'!.!~~~,:~ i ~~..~)tN\'I \: "\ \~l~;:;I;.,\l(t~; 1'1,,:i'}'i.)';'i~:,~t) ~ ,,'" JIII,.,,,,\\ ~a.~')~ Constance A. Dunn Notary Public My Commission Expires: July 14, 2007 POA-F 088-6895 . . ~ 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 part. Disclosure of Terrorism Premium The premium charge for risk ofloss resulting from acts of terrorism (as defined in the Act) under this bond is $ waived This amount is reflected in the total premium for this bond. Disclosure of A vailabilitv of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of2002, we have made available to you coverage for losses resulting from 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 ofterrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts 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 the 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 pal1icipates in losses, the United States govemment may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not cUlTently provide for insurance industry or United States government participation in terrorism losses that exceed $100 billion in anyone calendar year. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" 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: I. to be an act of terrorism; 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 air 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 individual 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 coercion. But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course ofa 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 Zurich American Insurance Company 2003 ~0050749.doc CITY OF DUBUQUE, IOWA MULLEN ROAD SANITARY SEWER RECONSTRUCTION CIP # 310-243 BID FORM NO. DESCRIPTION 1 2 3 I MISCELLANEOUS Seed, Mulch and Fertilize (Urban Mix) Traffic Control Flowable Mortar I SANITARY SEWER 4 Tie into Existing Sewer 5 4' Dia. Manhole Base 6 4' Dia. Manhole Sidewall 7 Manhole Frame & Cover a a" PVC SDR-26 PVC wI Initial Backfill 9 Wye ax4 SDR-26 PVC wI Initial Backfill 10 4" PVC SDR-26 Lateral wI Initial Backfill 11 4" Saddle and Tap 12 Lime Backfill I Pavement Repair 13 4" ACC Pavement Patch Inc Full Depth Sawcut 14 3/4" Base Stone 15 4"x4' PCC Walk 16 2.5' PCC Curb & Gutter QUANTITY 100 SY 1 LS 20 CY 1 LS 2'EA 22.39 LF 2 EA 432.73 LF 13 EA 260 LF 1 LS 750 Ton 203 Ton 435 Ton 274 SF ao LF UNIT PRICE d,OtJ \ loSo DC) ~O().OO Sub Total ~oo.cx.J :\r'Irl.oo \ DC). 00 300.00 ~n.()o \0 () . LX) dO .()O son.oo ~oo Sub Total <;to . co \ () 00 :?, ,DC' \ '5l)() Sub Total TOTAL PRICE rl on DO , ~So .Of) k\OOO.OD I ~~ s('~.ool "?,CXJ.OO <.000. 00 dd 3q OC) loor'). ()() \ d c\')S\ .C\.O \ :s 00 . ()('"~ $,;)CXl . c;rJ 2oo.()(] 6~:~~"~ \lod-Yo.co '-\ ~ Sn .nn ~ Old .0(') \ .;) 0 0 .-:::;; Qci (n\~. l TOTAL ISS'l"3d .C\ol 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: d}f1 Dated: Dated: Dated: BID PROPOSAL PRINCIPAL: ~Oj)f)DY 15j<t,Ji/;1f7AJb /.J~. Contractor Individual ( ) Partnership ( ) Corporation t>() By: MJ ~-d Sig. natu. re ! J .. fJ65'd1J Title . fJd:10 (l~O>>AJ lb/i.trJ!(), Address f)t!~I/(J!/[S City ~uJA (~r1CO;2 State Zip .rs;6~ Da 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. ... BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we Fondell Excavating, Inc. as Principal (Contractor), and United Fire & Casualty Co. , as Surety, are held and firmly bound unto the unto the City of Dubuque, Iowa (City), in the penal sum of Ten Percent of Attached Bid in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid, dated 5th day of May . 2005. for the Mullen Road Sanitary Sewer Reconstruction Project. 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 seven (7) days after the prescribed forms are presented to him for signature, enter into a written contract 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 shall 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 forfeited 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 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 4th day of May , 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL: SURETY: Fondell Excavating, Inc. By: Contractor cL V/~ 2i!~ ' /JreZ.5 t~~X Title ~~3 Date United Fire & Casualty Co. Surety Company By: ~ ~ . tt... YJp.J~ Signature Attorney-in-Fact Title 5/4/05 Date . . ... ..UNITeD F'Re&CASUA4TV.:t:QMP~~ HQME QfFIC'ei'eEDAARAPID$. IQWA:'" CERTlFtEDCOPVOF POwER OF ArrORNEY (~~~in8J on file at Harne Office of Company - See Certification) .K~~tAt+ ME~BYTH~~;~REseN1S, Th~theLJNlTEDFIRE& CA$UAl.TYCqMPANy,~~~Oh d~y org~l1li~ 8nd~XI~h9 utln~~rtt:l~ ~ ofthe~orloWa;~nd h~itsprinctp~l offjt;ein CedarRapids, ~~oflowa;d9~9 tnaJ(e, ponstltute~nd appqlnt .t=~~~~~iA;a:~CK~~H~~;~mm~~i~~f ~~~6::~~Ht!?RICI(, OR~iTBM.~..ItmB~~. c!nuu.u J~~CCHIcii: .;..}:. ... It$~ ~d laWrul.4o~)-IIJ'oF.~~h ~r aridalMority herebyconferredto~ig~: s.l~nd ex~ut'.nitsbehalf~ la~L~ondso: .: unde~kln~.nd:'otberobll~t~ry~nsttuments.~similarnatureasfcllows:Anr.ari~~lJ:,~()ndS ., ,.. '.....i .... and t~blttdiJNtTEClFU~E &:cASuALTY COMPANYtherebya~fuUy.8rid to th~sartfeextent~s if such irlstn.itrltmts ~r~~~d by the> duly authorized officers of UNITED FIRE & CASUALTY COMPANY and aU the acts of said Attorney, pursuant to the authority hereby ghrltl'l8re hereby I"Jtifi~ 8rW.:conftrrned.< .. ... ... ... ..... ..' ...... . .. ....... . .. . ... .... ..>,. .d~uAtJ.ttc~8~&e~~~~rit,.j~:~~tinU?U~::all~ shall remain infUll.fotce7"de~~:urnil,:~;,~ b~:UtJl~rFIAE & .....:~ . .'TIiis power o"~mf& is. made ~d~utfKS I'Urstiallttoand bya,uthorItY 9ftt\ftfoIl9win9 ~y-L8wduly adofJt~QY Boafl!.{lf PJr~ofSQfthe Company on Aprtl:1S;'1l:J7:}; .i .. :'>'. .:..... .. .......: ............ ..,- . . <:.- . ,.- ......:, ..~. . .,Arttcfe;V - surety Bonds and Undertaklngsn. ....... ... .. . Section 2. Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, frornt,lme tlJ~.~e, al>po~~t.~y written certificates attorneys-in-fact to ,act in behalf of t~e CompCil.?,Y in t~eexecuti9n;or~lici,~.()t .... 1~~I1l~~,bOi'ldS,.t,lnttei18klngs and other obligatory instruments of like nature. The signature of$ny officer authooz:~:her~y, ......... . -.~'tJ:!e;9o{por:ateseat;m.y be affixed by facsimile to any power of attorney or special poWe~ of,ttoffleyotee(tfflcat!on of . . ~ther~orized h~eby; such signature and seal, when so used, being adopted by the Coml?~nY!ls;th$origirtal sig~~repf . .~9.h.Offleer.n("theongjn81 seal of the Company, to be valid and binding upon the Company Withth..s$mefonjeli.ntre{fec($s< m~g~rnan~"uy 8~~, .Sueh attomeys-in fact. subject to the limitations set forth in their respfl(:tfv,~rtiflca*~o(~U,fhotlt}'i shalt have full powedoblrid the Company by their signature and execution of any such instruments and to attach tI'Ie 5ealof .. the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the company may at <any timef~e allpqo.verfnd authority previously given to any attorney-in~fact.. ......... ,). ..' ,> ... . ~N Wtr~~S$WH~EOF. the UNITED FIRE & CASUAL TV COMPANY has 6au~~ th~.'p~~ts~~ sign~ ~y itSvi~~~e~ident lllnd Its corporate seel to be hereto affixed this 11th ~ay of,Fl!lPr~t~ ,2005. .....- UNITED FIRE & CASUALTY Cdt.-tPANY. By 42f q ~. v~\resjd~h*d: . .' ,.... .... .,.' ..Sta~bf~,C~r, O~;Lirl~, S$; ...:'.. ... ': .. .... .- - ......' . Oll:' 1.1.~:rt.~.Y:.ot~~tba&;20P5, before me personal.ly came Randy 1\. Ra1I1.o ...... ..... ... ." .'. ..i .. .........tome ~.~ b~rufbymecfiilysworn, did depose and say; that he resides in Cedar Rapids, Stateqf I.o~; thath~j$aVice ..... .. .. PrllSideritbfthsUNI~O FIRt;&cASUAL TY COMPANY, the corporation described in and which executectttie above iri~trument; th$t he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Diredor$ o,f said eorporat~n .and that he signed his namer~~fu~ualttt~~~:~~rity, ancf . ~nOWl~ges 58me to be me attand deed Qf said cP.rPQratro~. . vf'Y0~ ~ . ..I.... MICHELLE ~LION - " .Y" COM~.MOH....." 704745 " Notary Pt:j.bh~ .. ' ! .. MY COMMISlJ,ON EXPlIU .... My commlSSfon expIres: o7/14/2a06, ow '[ -: 14 -fIl r'\. .... .. ... t~e ~d,:~~~.offl~r~f.ieVNit~o FIRE&6A8U~L W ~~P~y.dQ ~~retly~ertify4he.t) hav~~~mpa~ th~f6r.inSl~PYOf :U1.~.'?~erOf ~(;n'(1~.a~d a1t!d.,it,fJlQtlttl ~-oPy OfUll(S~il.'lri gf the py~l<lw. ohai~ C?mpanya$ $eHort~ in'lSal~ PQ~r of ~rneYI ,WIth th~ q~IC;;INA!:-SONflW; IN THE ttOME QffFlqE Of1'SAID:cpfl,1PANY,an~th~t ~e$alT1;e are COrredtran\ipnpts tf1~r89fitttldbf . ~ ~!~ ~1he~ai~()~lna!S,ancHh~ the saidP~r~f AttOf11eYhas 9otbeeltreVpk6dand is now infUli>Mce and~~. ........ . . In t~;;timonywhetEl~f I have he~eJ.~t6 subscribEidn,y. nam~ahd affi~ed the corporate seal ~fthe saidc6mpany this. 4th dayof May 20~. 14.....:,..,... ...,. ...:.: ...: -.;... .. ... .... , . ...- --. "'. . ... ... ... .. ..... .. . . .... ,. .. ..: .. :','. .. . .- o. . ,... , .." .- .. . . . " '. . . . .. ... j :......~)if!. ~.... ...........< .;;..~~. ..... ~. .....' ..:,> ~.'<::<:<.. ....... '.,~: . . ... , " ... . ,. ... ' - --.' . . . . . .. . , . ..:.... .~. . ..) ... --. .. . ...,;,.."'-----......:~-- .'.;.';; ....;. NO. DESCRIPTION CITY OF DUBUQUE, IOWA MULLEN ROAD SANITARY SEWER RECONSTRUCTION CIP # 310-243 BID FORM QUANTITY I MISCELLANEOUS 1 Seed. Mulch and Fertilize (Urban Mix) 2 Traffic Control 3 Flowable Mortar UNIT PRICE TOTAL PRICE 100 SY $ 6.30 $ 630.00 1 LS 2818.25 2,818.25 20 CY 88.25 1,765.00 Sub Total 1$ 5 , 21 3 .~ 5 1 LS 1693.00 1,693.00 2'EA 320.00 640.00 22.39 LF 85.00 1,903.15 2 EA 350.00 700.00 432.73 LF 27.82 12,038.55 13 EA 49.50 643.50 260 LF 10.77 2,800.20 1 LS 525.00 525.00 750 Ton 4.45 3,337.50 Sub Total ~24,280.fO 203 Ton 76.20 15,468.60 435 Ton 8.92 3,880.20 274 SF 3.78 1,035.72 80 LF 14.20 1,136.00 Sub Total ~21,520.~2 TOTAL 151,014.9~ I SANITARY SEWER 4 Tie into Existing Sewer 5 4' Dia. Manhole Base 6 4' Dia. Manhole Sidewall 7 Manhole Frame & Cover 8 8" PVC SDR-26 PVC wI Initial Backfill 9 Wye 8x4 SDR-26 PVC wI Initial Backfill 10 4" PVC SDR-26 Lateral wI Initial Backfill 11 4" Saddle and Tap 12 Lime Backfill I Pavement Repair 13 4" ACC Pavement Patch Inc Full Depth Sawcut 14 3/4" Base Stone 15 4"x4' PCC Walk 16 2.5' PCC Curb & Gutter '1'\,?-'-')('~2 t" ~II' "'; 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: Dated: Dated: PRINCIPAL: McDermott Excavating Contractor J4407 High\Jay 20 West, Address Individual ( ) Partnership ( ) Corporation.~ Dubuql!e City By: t~(/~ Superintendent Title Iowa 52003-9709 State Zip 5-5-05 Date 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. , . 'Ill BUlSON[) KNOWN ALL MEN BY THESE PRESENTS. that we McDermott Excavating as Principal {Contractor), and Merchants Bonding Comany(Mutua!klS Surety, are held and firmly bound unto the unto the City of Dubuque, Iowa (City), in the penal sum of 10% of Total Amount of Bid in lawful money of the United States. for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid, dated 5th day of May , 2005, for the Mullen Road Sanitary Sewer Reconstruction Project. NOW, THEREFORE, it 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 shalf 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 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 shall 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 shali be forfeited 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 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 5th day of May ! 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PR!NCIP AL: SURETY: McDermott Excavating Contractor By f.i.1i:e J~ SUf~r(~f.wcI~r- Title Merchants Bonding Company (Mutual) Surety Company BY~ : n .8 . Attorney-In-Fact Titie 5/5/05 5/5/05 Date Date Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond No. ~ Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint 1. Allen Wallis III, Fred 1. Kunnert, Jerry L. Price of Dubuque and State of Iowa its true and lawful Attorney-in-Fact, with full power and authority hereby conferred in its 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 to the limitation that any such instrument shall not exceed the amount of: THREE MILLION ($3,000,000.00) 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 authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary 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. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 1st day of January, 2003. ....... .. ,,6 CO.. ..~~\.......~,O. ..~..~~POI1~...,.;.. ..(.) ".......;.L. · c.,:~ (1\'. :~:- -0- 0:-- . d:~. 1933 :~: . ~-, .-. · -"':".... ..;:::t. . "'~. ....'-. ... ~ii"'''' "\:\,,:.. .. * . ....... STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) ~~7~ President On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. i1 CINDY SMYTH . T- 0nnisIiiia1 N.n1Jer 1'739J4 . . ""'0:nnissia1 ElcPnls 011 MIrch 16, 2006 STATE OF IOWA COUNTY OF POLK ss. f!::1,-!::t~ 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 POWiER-DF-ATTORNEY executed by s;aid MERCHANTS BONDING COMPANY (MUTUAL), 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 ofthe Company on this 5th day of May ,2005 MSC 0814 (2/03) .-.. -.. .. ,,6 CO.. ..~~~.......~,O.. ..~..~\\POI1~',"~.. . . (.) ".......;.L. . c.,:~ (1\'. :~:_ -0- o:......e . d:". 1933 .: 3:: .~_. .c::. .-~'. .'~. .. ~" ......t:::-. ..~Ji....... '0,,:.. .. * . ....... .zI~~~~. Secretary , CITY OF DUBUQUE, IOWA MULLEN ROAD SANITARY SEWER RECONSTRUCTION CIP # 310-243 BID FORM UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE I MISCELLANEOUS 1 Seed, Mulch and Fertilize (Urban Mix) 100 SY ,),00 ;;?oo.()O 2 Traffic Control 1 LS {ClCO. DO (000. DC 3 Flowable Mortar 20 CY lOO, 00 deoo.OO Sub Total I 3.;1c().O~ I SANITARY SEWER I 5&0, O~ 500< 00 4 Tie into Existing Sewer 1 LS 5 4' Dia. Manhole Base 2'EA '3ot)-DD ~Oo.OO 6 4' Dia. Manhole Sidewall 22.39 LF 75..00 \ <.9'7'1 .:.:G" 7 Manhole Frame & Cover 2 EA ~O:). D0 ( OOO.OQ a a" PVC SDR-26 PVC wI Initial Backfill 432.73 LF ;;:20,00 3&5''( .(,0 9 Wye ax4 SDR-26 PVC wI Initial Backfill 13 EA (0 S". 00 8l(S',00 10 4" PVC SDR-26 Lateral wI Initial Backfill 260 LF ;;lS, DC) (,56d .CO 11 4" Saddle and Tap 1 LS :2 So . 00 )&() . 00 12 Lime Backfill 750 Ton 7.00 6'~S-O.06 Sub Total I )~-3;2.8 .~ I Pavement Repair 13 4" ACC Pavement Patch Inc Full Depth Sawcut 203 Ton ~1. ro /1( too ( c 0 () 14 3/4" Base Stone 435 Ton /":;),co .5"" :2 AJe 00 t 15 4"x4' PCC Walk 274 SF \(,5"0 I;) 3:?< DO 16 2.5' PCC Curb & Gutter ao LF II.SO L L{ ()O~ OG Sub Total I ;;?(/-/6lJ,~ TOTAL ~ 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: Dated: Dated: PRINCIPAL: f:'~ {ce>k-+ S~~ ~<- (b ~ Contractor Individual ( ) Partnership ( ) Corporation ~ (67 6~ -n_IAA.-~.a...r l?~~.o Address o ok, 0, U .Q ---ca6>c-.. City By: ~ 'D~^~)( I" (00/<::- Signature y Ie ~ ~V\9 St~~'-L{- Title -rCX uk State 3~( Zip oS - OS- - O~- Date 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. I Merchants Bonding Company (Mutual) HOME OFFICE 2100 FLEUR DRIVE DES MOINES, IA 50321-1158 (515)243-8171'(515)243-0344FAX Bond No.: lAC 43088 ~ BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Drew Cook & Sons Excavating, Inc. 5200 Wolfe Road, Dubuque, IA 52002 as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual) a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Dubuque, Iowa as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Bid Amount Dollars ( 10.0% ), 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 Mullen Road Sanitary Sewer Reconstruction Project 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 of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished 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 pay 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 contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 27th day of April 2005 PRINCIPAL: ~ ~, i s Drew Cook & Sons Excavating, Inc, W ~e0 (&ok- W. Drew Cook Vice President Vice ? 0D~ ( ie"'- + ~ ) ~~,~:: , . ~I C~,<--r W. e" / OlIN . OODMANN ,; ,----- Att"(5rney-in-Fa,;r .. CON 0365 (12/99) .. I Merchants Bonding Company (Mutual) HOME OFFICE 2100 FLEUR DRIVE DES MOINES, IA 50321-1158 (515) 243-8171. (515) 243-0344 FAX Bond No.: lAC 43088 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Drew Cook & Sons Excavating, Inc. 5200 Wolfe Road, Dubuque, IA 52002 as Principal, hereinafter called the Principal, and Merchants Bonding Company (Mutual) a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Dubuque, Iowa as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Bid Amount Dollars ( 10.0% ), 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 Mullen Road Sanitary Sewer Reconstruction Project 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 of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished 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 pay 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 contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this day of 27th April 2005 PRINCIPAL: Drew Cook & Sons Excavating, Inc. Witness W. Drew Cook Vice President SURETY: Merchants Bonding Company (Mutual) Witness JOHN E. GOODMANN Attorney-in-Fact CON 0365 (12/99) \- ;MDM M8URY ROAD!IO HlLLCAESf RCJAD . Sealed proposeIs YiIII be received byif)e .~. CIel1t OhhVB].... ~to- wa, at, '. . . 'Of CIty Clttrkltt ,.. . ....ttaII....no..... later th8tf ~:OO' . ,m. on the 5th daydr MaY; 2005, for the Mullen Road SanI- Reconatr\ICtkln AIbtJry. Road, , price. $aid bond is to be Issued by a responsible SU~to~ ~II, and shall guaran- tee the ~althful' perform- ..ance of the contraCt and · terms and conditions therein contained, and ehaII guarantee the prompt ,payment of' all materials and labor and protect and f8V8 harmleu the City of DubuQue, Iowa, from c1ill~ and damages of any kind .Q8Used' by the operations of the Contractor. . '. The successful bidder (Con- . CractOl) wHI also be required \0 fumlsh a Malntenaoce Bond that will guarantee ~the material. WOl1mIanshlp and . the maintenance of the. Improvement(s}. con con-- structed for a mInlmuIn ~rlod of two (2) years m. &f\d after its. ~by' tlcin" . thee The' , from ~~~d oau . byC o~ eratiQJl8 or non-payment on . behalf ofthe'COnti'actor. . The Contractor and ap- proved 8UbcontraCtors will be provided a . S8Iee Tax exemption Certification, to purcbase, or withdraw from Inventory, materials fumlsh- ed under for this project. No bid submitted by any Contractor which ,contains a condition or qualification shall be recognIZed or ac- cepted by the City Council . and any letter or COI'nmuni- cation accompanying the bid which contains a con- dition or qualification upon the bid which hash ef- fect of qUalifying or modi- fying any. provISIon' of the ~lftcatlons In any man- ner will be rejected by the City Council as not re- sponsive. All proposals must be made oll.-blanks furnished by the City Engineer and lJIlCh bidder will be re- quired to state his prices for cloIng all the Items In eaah section on which. he makes a bid and for all things necessary to make a complete Job. The' ,s attention is . City of Ive Ac- h is in- Contract ;and the pro- and hereby made s of'1he Contract Doc;umel1ts I:Iy ref,rence. lIIld lf1OOrPor8ted therein. TIlt .Contractor, when re- q~ by the City of Du- ~,wlO fumish a state- ment of his financial and practical qualifications as provided for In. the General Requirements of'the Spec- ifications. By virtue of statutory au.- thorlty, a preference will be given t~UGts and pre- visions gIOYIft' ~ coal produced within the State of Iowa. and to Iowa Do- mestic Labor. The City Council' reserves the right to reject any and all bidS. or. to wlllve any tech- nical ~~Qd lrregulanties. . All bIcIs will be publicly opened and read by' the City Clerk at 2:00 0 clock p.m. ' on the 5th dar of May, 2005, and wil be 1IUtitnitted to the City Council for,flnal action at a meeting to be held in the Public 'Ubrarv AuditOrium. 360 West 1ith Street, at fald CIty.at 6::W p.m. on 1lle 16th day GfMay. 2005. 'A contraclwlU be awarded that tfnW:.,~ .subee- . ., . ,CIty may of the City of dated 2005. neider, , City Clerk STATE OF IOWA DUBUQUE COUNTY {S CERTIFICATION OF PUBLI< I, Bev Engler, a Billing Clerk for Woodward Co corporation, publisher of the Telegraph Herald,a published in the City of Dubuque, County ofDu certify that the attached notice was published in dates: April 22, 2005, and for which the charge i pf 0 - 'lion cIoCUm8nts mal be ofltalned.... in.theC~. . E~9i- nws.offlc8 at fi CIty H1l/f;M!l'P/an depOIlt 18. ~ qulrtd. PaynWnt to the contraC- tor will be made from funds as .may bedegally used for suchpu~ All. WoftdMlI'8ln proVided for shall be comm,nced wtthln te(! (101. days 1tIter the NotIce To Proceed has been is$Jed..and shall be fully completed,&t the 16th day Of ~mber, '2005. ..' , . All bidsl11UM be submit- . ted on the Bid Proposal Form bound in the con- It\'UCtICn doCuments. Each blct shall be accompanied by a ll8fisf.mory BldeCll1d executed by the .. BIdder and an acc8ptabie surety; or a cashier's or certlfied check payable to the City Treasurer, Cityof' 0 Dubu- que. di'awn on a bank In Iowa or a bank chartered under the laws of the.Unlt- ed States, in the amourit of ten percent (10%) of the bldssubm\tted 0." . security .,"'e bIdiIllr'WlII enter 'into.,..~ fOr doing the' ,Work end', .11 ~ bond. ~. .~. securi- tle1l'wthi!. filItIfut 'Per- fQ!mance of t/"ltt aoqtract In the form ~~~.tq the eOnstrl1ct1dr\ ~s. The euccessfUl bidder (Con- traoto" will ~.'~~ to fIlmrsh . It " J:;e I Bond In an amount equal I t<l onehundrild,percent .. 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