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Stafford St. Sanitary Sewer Project D~~~E ~<k~ MEMORANDUM May 9, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue CIP: 310C50 Sealed bids were received for the Stafford Street Sanitary Sewer Reconstruction Project from High Bluff to Lincoln Avenue. City Engineer Gus Psihoyos recommends award of the contract to the low bidder, Fondell Excavating, Inc., in the amount of $19,146.25. I concur with the recommendation and respectfully request Mayor and City Council approval. 1[1 {. L/ ll.lL I tv ~V~ / ~l . Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer 'n .~J __ ...J 5U~~E ~<k~ MEMORANDUM May 6,2005 FROM: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer yO. TO: SUBJECT: Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue CIP: 310C50 INTRODUCTION The enclosed resolution authorizes the award of the construction contract for the Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue. BACKGROUND This project provides for the upgrading of the existing six-inch sanitary sewer on Stafford Street to the standard eight-inch size, and thus leading to fewer sewer backups and maintenance by the Public Works Department. DISCUSSION Sealed bids for the Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue, were received on May 5, 2005. Fondell Excavating, Inc. of Dubuque, Iowa, submitted the low bid in the amount of $19,146.25. This amount is 8.42% under the engineer's estimate. A summary of the bid proposals received is as follows: Contractor Name Total Bid Fondell Excavating, Inc. Drew Cook & Sons Excavating McDermott Excavating Connolly Excavating Top Grade Excavating Tschiggfrie Excavating $19,146.25 $19,714.75 $19,828.15 $21,982.50 $25,918.50 $26,338.50 RECOMMENDATION I recommend that the contract be awarded to Fondell Excavating, Inc. in the amount of $19,146.25. BUDGET IMPACT The summary of the project costs is as follows: Construction Contract Contingency Construction Engineering & Inspection Cost Estimate $20,905.75 2,090.58 3.449.45 Bid Award $19,146.25 2,090.58 3.449.45 Total Project Cost $26,445.78 $24,686.28 The project will be funded with the Sanitary Sewer Construction Fund from a Fiscal Year 2006 appropriation in the amount of $28,000. ACTION TO BE TAKEN I recommend that the City Council adopt the attached resolution awarding the Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue, to Fondell Excavating, Inc. in the amount of $19,146.25. Prepared by Todd Irwin, Engineering Assistant cc: Dawn Lang, Budget Director John Klostermann, Public Works Todd Irwin, Engineering Assistant RESOLUTION NO. 228-05 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 Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue. 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. 229-05 AWARDING CONTRACT Whereas, sealed bid proposals have been submitted by contractors for the Stafford Street Sanitary Sewer Reconstruction Project, from High Bluff to Lincoln Avenue, pursuant to Resolution No. and notice to bidders published in a newspaper published in the City of Dubuque, Iowa on the 22nd 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 Fondell Excavating, Inc. of Dubuque, Iowa, in the amount of $19,146.25 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the construction documents. 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N ~ .a I- :l EI) :l :l W VJ VJ VJ CITY OF DUBUQUE, IOWA STAFFORD STREET SANITARY SEWER RECONSTRUCTION PROJECT 5-May-oS BID FORM 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: none Dated: Dated: Dated: PRINCIP AL: Tschiggfrie Excavating Co",,, Contractor 425 Julien Dubuque Drive Address Individual ( ) Partnership ( ) Corporation ~ Dubuque City By: ~~ Signature . Iowa State 52003 Zip Superintendent Title Mav 5. 2005 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. - . BID BOND KNOWN ALL MEN BY THESEce~:hSENTS that '/I.e Tschiggfrie Excavating Co. as Principal (Contractor), and ~~tan~Y ofDL~~ggat , as Surety. are held and firmly bound unto the unto the City of Dubuque, Iowa (City), in the penal sum of Ten Percent (10%) of Amount Bidjn 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 Stafford Street 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 specffied therefore, if no period be specified I 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, ~nd 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 unde~igned representative pursuant to authority of its governing body. PRINCIPAL: By' . iflz.' . J ..~.. . .c? =h. . ~ ....... /7 / ~nature. ~c 2//;/ TW~. j SURETY: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ~,l.l(~ty Company BY.\.~-I(^, 0 ~ S~,n rureJoyce O. Herbert TSCHIGGFRIE EXCAVATING CO. Contractor ~- Attorney-in-Fact Title May 5. 2005 Date May 5, 2005 Date ~ 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 vail ab iIi tv of Covera2e 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 of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act 01'2002 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 I % 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 pa11icipates in losses, the United States govemment may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not cUITently 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: 1. 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 of a 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 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, OfthiiEeY-Law id Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effi t ~ 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 J' orney-in-Fact, to make, execute, seal and deliver, for, and on its beha ~'ts . and all bonds and undertakings, and the executio~Of suc . ., n' se presents, shall be as binding upon said Company, as fully~nd ampl t lei een duly executed and acknowledged by the regularly elected 0 i P. 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, ~~~ April 11, 2003. The said Assistant Sefr'ettfY 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/~~O ~~~ Theodore G. Martinez State of Maryland }SS' 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 duly 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. ,\\\\U";", ~,'':.;,~...~.:t!!.II~'/'~ ~ ~~:.~~) t~~\Y '\.~ "':.. \:i;:~,:,\~{~~f:) /"'1 ~:-;ii",):\.;:f..t), ",,,, Jf/flUH" ~a.O~ Constance A. Dunn Notary Public My Commission Expires: July 14,2007 POA-F 088-6895 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or anyone of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofmortgages,..,and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary ofthe FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 5th day of May 2005 M:?~ Assistant Secretary ." CITY OF DUBUQUE, IOWA STAFFORD STREET SANITARY SEWER RECONSTRUCTION PROJECT 5-May-05 BID FORM NO. DESCRIPTION I MISCELLANEOUS Traffic Control I SANITARY SEWER 2 Tie into Existing Manhole 3 8" DIP wlWrap Inc. Bedding Stone 4 Lime Backfill I Pavement Repair 5 4" ACC Pavement Patch Inc Full Depth Sawcut 6 7" PCC Patch w/Dowels Inc Full Depth Sawcut 7 3/4" Base Stone 42 Ton 100 SY 110 Ton i ,'l .> (Ct ,.... ~ti Sub Total '-1..')(;(; . <~. , (~, (';', .. 11It)o~1 TOTALI.7s-1; ?), 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: .-r--I '~~ . c.+.' 1:- tude. Contractor (1- LUl.Jz..}- .; I'll! I _Po c {l,c~ Address f(?! Individual ( ) Partnership ( ) Corporation ( ) ," ~~~4.- .~r ~h ~A. State s .~.; ~ Zip B -=L . J~j/'~ y: ~t.;~~re rkL /-' C~./ -=!jl~ <) ,.- L/ -- t..;') -,. Date Note: To be completed by out of State bidders. The State of does ( ) I 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 Top Grade Excavating, Inc. as Principal (Contractor), and t-brth Prrerican Specialty lnsuranre Cmparry , 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 Stafford Street 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: Top Grade Excavating, Inc. Contractor By: 1~ ~!t~~"--7 ~I~ature II ....,J Ire- s Title North American Specialty Insurance Company Surety Company By sQ~e:z:. O~ 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 LATHRUM, DIANNE S. RILEY and BRIAN M. DEIMERL Y JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and delivcr, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: 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." ~"'\\\\'"flJU'111. d2 d 4-ryJ ~'\,\'~~\ot;~:f'",,,, '$>~~ i:;ItJJTI' l ~ 1-/ ~ "".;....,.. ......I"'~',. ~~~.....jiOlit'1<r~ -...r l.f;.~?L.'" h...{P' ~..~ By' i ""/m1lPORA1E ~% ~ cJ t SEAL \ 0 ~ Paul D. Amstutz, President & Chief Executive Officer of Washington International Insurance Company & i ~ i CORPORA1E) ~ i i~\~ 1973 lUi:;~ Vice Presiden. of North American Specially In..ranceCompany !~.\ SEAL 1ft g '\~~~It. ~~j acz \~'.... AJllZOIlA .... Ii ~+';,i;;.:~~.:::al>'~ ~'~,....._..... ~,..' ~q,"uN" ~.~~ "'~I" * ...,..'i< 71"1I/1II11\1\"'~ -' ",.......,,,..., By Steven P. Anderson, Executive Vice P~sident ofWasbington Intematlonallnsurance Company & Vice President of North 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 , 20Q~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du 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. t:IFI'lClW._ _AMTIl. __'_CI'___ ...--...- ~a-cF'~ 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 , 2(J)~. ~'h/3~ - James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & Assistant Secretary of North American Specialty Insurance Company CITY OF DUBUQUE, IOWA STAFFORD STREET SANITARY SEWER RECONSTRUCTION PROJECT 5-May-05 BID FORM UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE I MISCELLANEOUS 1 Traffic Control LS 2&{)O,OO 'd..~DO.O 0 Sub Total I ~(oOO,O~ \ SANITARY SEWER 2 Tie into Existing Manhole 1 LS I logO 00 / toeD.DO 3 8" DIP w/Wrap Inc. Bedding Stone 186.75 LF ?If,OQ U, 3 LJ q ,$ 0 4 Lime Backfill 513 Ton &.00 3078.00 Sub Total I II {O?;5~ I Pavement Repair 5 4" ACC Pavement Patch Inc Full Depth Sawcut 42 Ton '10.00 '~7 go, 00 6 7" pce Patch wlDowels Inc Full Depth Sawcut 100 SY J.Cj'.oO ;J..qCD .0 0 7 3/4" Base Stone 110 Ton N,SO IS 95.00 Sub Total I CdZ7S,wl TOT ALl :J.. , ;re2'sf ~~J 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: Connolly Construction Inc. Contractor 18409 N Cascade Rd Address Individual ( ) Partnership ( ) Corporation (x) Peosta City By: Si9~1t4I~ Iowa State 52068 Zip Vice President Title May 5, 2005 Date Note: To be completed by out of State bidders. The State of does ( ) I does not ( ) utilize a percentage preference for in-state bidders. The amount of preference is percent. MAY-02-2005 10:58 CONNOLLY CONSTRUCTION INC 563 876 3115 P.05/05 \ . BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we Connolly Construction, as Principal (Contractor), and United Fire & Casualty Co. , as Surety, are held and firmly bound unto the unto the Cjty of Dubuque, Iowa (City), in the penal sum of Ten Percent (10%) of Attachedir13ft:iWfuI 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 Stafford Street Sanitary Sewer Reconstruction Project. Inc. 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 r within seven (7) days after the prescribed fonns are presented to him for signature, enter into a written contract wrth 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, othelWise to remain in full force and . virtue. . By virtue of statutory authority, the full amount of this bid bond shall be forferted 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: C{)1\lJ\!OJJ 'l. ('{)NC:TRTTCTTo.~ HTr Contractor ~' By: S. ~ - Igna ure UNITED FIRE & CASUALTY co. Surety Company BY\;:)ZL ~;_ fl. ~~ Signature 'I ~ . d t \j I te.- H 'Si ~"Y\ Title Attornev-in-Fact Title _Mo-.~ LI j ~D65 Date May 3, 2005 Date TOTAL P.05 . . UNITED FIRE & CASUALTY COMPANY HOMEOFFICE~ CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OFA.TTORNEY (Original on file at Home Office of Company - See Certification) CITY OF DUBUQUE, IOWA STAFFORD STREET SANITARY SEWER RECONSTRUCTION PROJECT 5-May-05 BID FORM 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 aI/ 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 fol/owing addendum: Dated: Dated: Dated: PRINCIPAL: McDermott Excavating Contractor 14407 Hiqhway 20 West Address Individual ( ) Partnership ( ) Corporation ~ Dubuque City By: -l1i:e//~ Iowa 52003-9709 Zip State Superintendent Title 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. \ .. Alr\ AnltJr\ ....".... a..F~....,.,. KNOWN ALL MEN BY THESE PRESENTS, that we McDermott Excavating as Prlncipal (Contractor). and Merchants Bonding Company (Mutuq:aB 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 Bidin lawful money of the United States, for the payment of which sum well and truly to be made, we blnd ourselves, OUf 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 Stafford Street 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 fonns are presented to him for signature. enter into a written contract with the Municipality, in ac-cordance 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 fuifillment of such contract, then the above obiigation shaii be void and of no effect. otherwise to remain in full force and virtue. By'virtuE:'~f statutory authority, the full amount of this bid bond shall be forfeited to the MunJci~ity 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 sea! of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority or its governing body. PR!NC!P AL: SURETY: McDermott Excavating Contractor By ~Y-;fb .. S.up-tr/K, f- ~-e.vr Title Merchants Bonding Company (Mutual) Surety Company Attorney-In-Fact Title 5/5/05 5/5/05 Date D~4~ c..~ 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 J. 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. ......... · · ~G CO.. ..~~~.......",~. ..~..~~POI{;...,.;.. :f'.I:'~ ~'.;..c.: :~:- -0- 10:-- · 4'.. 1933 : 3: ...... .c::-. .'~'. :;::t. .. ~" .......'-. .. '.iJit....... \"',,:.. .. -t:! . ....... STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) ~ h; 7~ President On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly swom 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. ~, ~~,I~~~ """0xnrissia1 E'Jcdn5 ClOt Mard116, 2006 STATE OF IOWA COUNTY OF POLK ss. P::J.:!:i!.~ 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 s~id 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 of the Company on this 5 t h day of May, 20 0 ~ MSC 0814 (2/03) ....... .. \\G CO.. .. ~~~....... "',0.. ..~..~~POIi~...,.;.. ..~ ...."""..;..c.. .f'.I:~ C'f\'. :~:- -0- 0:-'. . 4~. 1933 .: 3: . ..... . c::-. .."':'".... :~. . ....~. .....<::-. ... '.iit...... ''\''',,:.. .. -t:! . ....... v~~~, Secretary CITY OF DUBUQUE, IOWA STAFFORD STREET SANITARY SEWER RECONSTRUCTION PROJECT 5-May-05 BID FORM NO. DESCRIPTION I MISCELLANEOUS Traffic Control I SANITARY SEWER 2 Tie into Existing Manhole 3 8" DIP w/Wrap Inc. Bedding Stone 4 Lime Backfill I Pavement Repair 5 4" ACC Pavement Patch Inc Full Depth Sawcut 6 7" PCC Patch w/Dowels Inc Full Depth Sawcut 7 3/4" Base Stone 42 Ton &fq ,00 " (fi"8, 00 100 SY So. Do ..:::>(:)O~ c <Z:> 110 Ton 10.00 1 (tJd . CO Sub Total IIO,'~~'O~ TOTALLI'f.llq, ~ 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: ~. WLW Cei\t. f-~ k()C( t6 rue Contractor { (;:} '7 ft~ T L ~ ~ .e.v- e" ScJ ..c:; Add ress Individual ( ) Partnership ( ) Corporation K [} t~, "<JLJ.e.. City rDW0-- State S J-a:) I Zip By: /)NUJ..) (.m/c- -&gnature V t' C e- ? i^.t2.- ~ ~ L( Q'-f- {.- ntl~ - DS-- O~- o-S- 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. ~ " 'Merchants Bonding Company (Mutual) HOME OFFICE 2100 FLEUR DRIVE DES MOINES, IA 50321-1158 (515)243-817Io(515)243-0344FAX Bond No.: lAC 43087 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 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 Stafford Street 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: ~~~~~~L W. Drew ok ~ Vh ~ ~'~8<-+- Vice President ~ ) M~, \ ~/ ~Yu:<~ W~es I (Mutual) Atton;ey-ia-FaC:1 CON 0365 (12/99) . Merchants Bonding Company (Mutual) POWER OF ATTORNEY Bond#: lAC 43087 '. 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 JOHN E. GOODMANN of DUBUQUE and State of IA 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: FIVE HUNDRED THOUSAND ($500,000.00) 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 VVhereof, 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 ,2005. ....... ... \l\G CO;... · ~~.........:"'''Oo. ..~~..~ \\p 0 .-9.f.,"t"~.. .. ,_ . (,) ,.-\ " "..L . -< ~ (1\ . · :~:- -0- c:-. .4,... 1933 1:C: o L., . <:::-. .'~'. .'~. .. ;f.'. ..,:4.~. · '.iJi.......'" .0 ... 't:! .- ....... MERCHANTS BONDING COMPANY (MUTUAL) STATE OF IOWA COUNTY OF POLK ss. ~~7~ President On this 1st day of January ,2005. 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 VVhereof, 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. @"'CINDYSMYTH . '1' Commission Number 173504 Ow My Commission Expires March 16, 2006 &'1~ Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. this 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 not been amended or revoked. I n Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on 27th day of April 2005. . 0 .. . . 0 .~~~~~~.E'!~~.. ..~~..~\\PO.-9~"~.. . . (,) ....,.-\.. "..L. ."':~ (1\'. :~:- -0- 0:-- 04,... 1933 f:C: .~. . <:::-. .. v;;. .:..~.. .0 :r.iii....... '\:\,,:.. o. {{ 0 ....... p~~~~. Secretary POA 0005 (9/04) " CITY OF DUBUQUE, IOWA STAFFORD STREET SANITARY SEWER RECONSTRUCTION PROJECT 5-May-05 BID FORM NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE I MISCELLANEOUS Traffic Control LS l..\C\.S.o 0 Sub Total I ~q~ .001 I SANITARY SEWER 2 Tie into Existing Manhole 3 8" DIP wfWrap Inc. Bedding Stone 4 Lime Backfill 1 LS .;;;)'SO.DO 186.75 LF -:>'S .on 513 Ton :; .00 Sub Total ;) 'S <:; . 0(:) ~S2>(o . ~S d5~ .CO ~3 .~~J I Pavement Repair 5 4" ACC Pavement Patch Inc Full Depth Sawcut 6 7" PCC Patch w/Dowels Inc Full Depth Sawcut 7 3/4" Base Stone 42 Ton \ 00.00 l..\ d. 00 .00 100 SY L\,().C)(J 'l (')eX). 00 110 Ton \t).oo \ \DO. 00 Sub Total I Q3oo.ool TOTALI,C\ \4lo. d.51 ,-f 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: ~YA Dated: Dated: Dated: PRINCIP AL: .~oAJ/)t{)~ I3X{lAt/if!A)b I;)r!-, Contractor ~a~O eM/{lA) Po/A)} 1<0 Address By: tMJ a/l Signature rf:85/16Y--- Title IJ{J6(/~V8 City filfJ4 :5 :lCfO- tate Zip Dat~~S Individual ( ) Partnership ( ) Corporation (X) 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 M~ ' 2005, for the Stafford Street 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. contractor. / /).1 h By: M~ ~-Lfl(. Signanrre /J //c~ 5~~~r Title ~/ ....--- / -- J/:5 /' t?..J Date ' United Fire & Casualty Co. s~ Company By: :;::..t '.. __ It... 'iJ>-J.. ~ Signature Attorney-in- Fact Title 5/4/05 Date . UNfreO FlRe&CASUAl>TYC()MP~Y . . ..' HQME Qf5FICEH::EDAQRAPID$, IqWA,~,,{ ..' CERTlFIEDCOPVOF POwER OF ArrORNEY (Original on file at Home Office of Company - See Certification) ,.-:"', KNOWAl.:l,. MEN:8YTHesarpREseN1s,Th~(theUNlraoFIRE& CA$UAl.1YCOMPANy,'~~~tion duly ~rg.~iZ~ I!nd~xlsimg "~nqpr,~'~ oUtte .~.: of'oYia;: ~:.nd h2l>iipgits Prinpjp~J offi(;e..ln cedar,R8~id$. . ~a~of .Iowa; d~~9Tal<e.pon~tltlrte~nd ap~nt ,i?A~tCIA';A. FRIOK)OODAvtD 1RtT~.: qR Q1~. K~'HBDRICK, ORKBITHM.$Itm~~; CHARt.ES J~A,K~CCHIOt OROLI'IA PHAH,~t,:iHDIVIDtmLLY'Of bUSUQUlf'IA:: .. '.....'.~~ a..nd 1~lk~{$rlll,"F.~~h poiMr ~ndauthority herebyconferr~to~i9~, s.al~nd exeout;~n,~sb9half~!,lawfUl~ands., ',' ,Ut1d~k1~end:otberdbll~t~ryjnstt:uments '~f simil~rnatufeasfolloW$: ~~, at1<1 AlJ,~()n~s. ". '.' \' ... ...> ,..... .........' and to biltdiJNtTE[)F~E &'cASUAtTY COMPANY.thereby a~ fully.rid to thesanteeXterifas if such instruments were:$igrted by .the',,, duly authdrized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby giv!fl.-. hereby ~tifi~ a04,conflrm,..t, . "~., ". '.' .' .....'.H ". ....... .. .i' .' ...: .'''<. "...... "< 1l1e Authbrity.her8by.grarit8dj~c6ntinuousand shell remain in full force andeff$cluntilre'roked by UNITED FIRE & 'C~U~J'(COMPANY.,: :>;>> "H'" ........<' '., .......;;H,i "i" .... >H .,: ...., , '. ~'TIiis power oflut~~isrl'lade and~ut~ pUr$uanUo>and bY8.uthorlty O'fthefon9Wing~Y..lawduty adop~QY Boa~ot , B~~~~gfthe Co~;y~?Aprt1>18;;J$!3,~ArttCfe'V -';U~~Bonda andtindeftjklng.~";" '. ..' '. ' ,. ." Section 2. Appointment of Attorney-in-Fact, "The President or any Vice President, or any other officer of the Company may, fro.m time tt)~me, appolntby written certificates attorneys-in-fact to act in behalf of the CorryP<1lFJY in th., executi90qfpolic!e&.()f. 1n.$~r8n~e,.b6rid~ll..lrid~aldngs and other obligatory Instruments of like nature. The signature of$nY qfflctlf auth()riz;~dher~Y. : ~nd'ttle'Cotpo~ateseBt;~y be affixed by facsimile to any power of attorney or special powe( of~tt()rneYoteeftfflC8:t!on of- ...... 'e1theriltithorizld hfilre/)y; Such signature and ~al, when so used, being adopted by the Comp:l:l.ny.asth$'origirtal sigt)atlJTeAf.. :~~,h.o~t~n(Uh.bngi.I'l.lseal of the Company, to be valid and binding upon the Company Wtth~.saIT18torceli,n&'8{fect'as ..... tfiiJ\igh, .rnan\,llll1y a~~,Stlch attomeys-in fact, subject to the limitations set forth in their resp~rIjElcertiflca*~of.~u.thoqt~< shal1h'ave full power"tobtrid the Company by their signature and execution of any such instruments and to attaChtl'le sealot . the Company thereto. The Presid$lt or any Vice President, the Board of Directors or any other officer of the Company may at i<any time~~ke alt~er~nd authority previously given to any attorney-in-fact. .. ..H .......... ....'."> ..... iN WtTNSss\'~H~EOF. the UNITED FIRE & CASUALTY COMPANY has ~aU~ed the~.'p~s~sbj~ slgn~ ~y its vice ,pte.iderit and Its corporate seal to be hereto affixed this 11th Clay of'Fallruary, 2005' .... .... t u,~ ~d~:~g~~.oftt~rof'~eu.Nih~o FIREi~CASU~Ll;Y ~~PANY,~o~erElby~ertifythatl have~omparedth~for~ingc;~pyot :U1~'~~or ~.)rfi~ari4 aftld~)'it"ndtlt~ ~oPy or:Un(S~on 9f the py...la~ Of&lSl9 Ci?mi;iailyas sef.fort~ in'~O:i~ P(?Vfflr ot ,f4torn~y, with th~ qRI~lrq~SOf\(fIL.S IN THE tiOME QFFiCE Of>SAfPCPMPANY,anqthat the $81'M are c6rredtranspripts tn~rf3Q:fr~dof the wn(lleOt.the$'ai(f'ori{jlnals, andthaf the said;PoWerOf Atttlrney has q6t beenreVQk6d and is now infUlif6rce andetTect ..... .......... ". " '.~' ',:.~..:_:..::.:-:..-::," ..".:}.:........ ,-::. :,"':, ;", . ',::.."- ':.. .:'.:~-.: -: ..:::.... ,..::'.,.:::. '.~ ',:' .:.....::<:---. .~: '_:-, ".":" - ....,:.- - "::::"- ..:.:(.... .::;:.... ..-' .:- In teStlinonywhereof I have hereurit6 subscribed my name and affixed the corporate seal onhe said Company this, 4th daY.9t .. M~ .' 20 .Jl.5-. ...... .... '.. . . . ~..",.. ,.:::~ :"::.}: ..~ '-.: ""::::::::.:' · ...../.... .................. ~ 7'4.~. ..........:'.. .~. .::.._~~_........~ ..: .: ,'", ,,,,,..:. . .... ,.... .. . .. UNITED FIRE & CASUALTY CdMPANY:" By 42f Cf. ~. V~~losI4eb<" ,~t.eSf~'r~~!lt ot.liri~. $~:; Ii'dN'poot9~ot " NOTICE TO BIODERS OF.' THE RECEIPT OP'SIOS FOR THE STAFFORO 't STREET~V; RE "'{;f I P:L! .(( , ........""~; recS:i~:." .,. ';'1e*, of the City of Dubuque. Io- wa, at the Office of Clty Clerk in Ci!,! Hall no later than 2:00 0 clock p.m. on the 5th day of May. 2005. for the Stafford Street San- itary Sewer Reconstruction Project,from High Bluff to Lincoln Avenue. Project Description: Re- construction of ,approxi- mately 187 feet sanitary' sewer on Stafford Street from High Bluff to Wncoln Avenue. It would upgrade the existing six-inch sani- tary sewer to the standard eight-inch size. Copies of the construc- tion documents may be obtained in the City Engi- neer's office at the City Ha.lI. No plan deposit is re- qUired. I Payment to the contrac- ,tor will be made from funds as may be legally used for such purposes. All work herein provided for shall be commenced within ten (10) days after the Notice To Proceed has been issued, and shall be fully completed by the 29th day of July, 2005. All bids must be submit- ted on the Bid Proposi:d Form boUnd. in the con" S!ruction documents. Each bid. shall belCCompanied by a satisfactory 'BId Bond "xecuted by the Bidder _ an ac:captabl. surety. tJr . cashier's or certified check payable to the City TreasuAIr, CIty. 'of, [(ubI.!; que, I1rawn en 'a bal'lk, in Iowa or a bank chartered under the laws of the Unit- ed States, in the amount of ten percent (10%) of the bids submitted as security ~hat the bidder will enter Into a contract for doing the work and will give bond with proper securi- ties for the faithful per- formance of the contract In the form attached to the construction documents. The successful bidder (COn- tractor) will be raquired to fumish a Perfonnance Bond in an amount equal to one hundred percent (100%) of the contract price. Said bond is to be Issued .by a responsible surety company approved and acceptable to the City Council, and shail guaran- tee the faithful perfonn- ance of the contract and tenns and conditions therein contained. and shall guarantee the prompt payment of all. materials lII\d labor and protect and save hannless the City of Dubuque,. Iowa. from .cIaJ. ms and damages of an.,y kind caused by the operations of the Contrac- tor. The successful bidder (C0n- tractor) will also be required to. furnish a Maintenance .Bond that will guarantee the materi8l, workmanship and the maintenance of I the improvement(s) cOn- structed for a minimum period of two (2) years from and after its comple- tion and acceptlnce by the City Councll. . '. The~ biddef(Con- tractol},wlll also be required to 10._ Payment Bond that wlligWlI!'8ntee the prompt payment of all eulr contl'8Qtors, supplltrS, mll- tarials. labor and protect and save hannless the City of Dubuque, Iowa. from claims and damages of . any k~nd caused by the operations or non- payment on behalf of the Contl'8Qtor. ". . The Contractor and ap- proved sUllC'OntractOl'S Will be provided. a ,8aIes' Tax I;xemptlon Cert~lon to ~'Ol' withdraw ~~Inventory. materials furTlillhed . under for . this ptl.1ject. Hbtllcl submitted by atry Contractor which contains a condition .or. ualification ,~I.be-. .1:ir.8O" STATE OF IOWA DUBUQUE COUNTY {St 1fltInl-. . 'th4! !.,~ ...,Upori ~ . "the ef- '.. '.. .. '.~ qualifying or mOdi- ng any prcwision of the specifications in any man- ner will be rejected by the City COuncil as not re- sponsive. . All proposals must be made on blanks. furnished by the City E~lneer and each bidder will be re- I qulred to state his prices fordoing all the Items in each section on which he makes a bid and for all things necessary to make a complete job. The Bidder's attention Is directed to the City of Dubuque's Affirmative Action Program which Is Included in the Contract Specifica- tionsand the prOviSions thereof and herebY made a p8I't Of the. COrrtriCf'Oocu- ments by referenCe and In- corporated therein. The Contractor. when re- quested by the City of Du- , buque. will furnish a state-I' ment of his financial and practical qualifications as provided for In the G4lnerat Requirements of the spec- IfICations. Ejy. yl~ ,of.ttatutory. au- t~ority,; a,~'will be given to products and pro- '~.' ,.. grown and coal . ,........tlll!iId within the State OfIOWl and to IoW$ 'Do<-. ll:Iestk;... ....QI~: . ........ ' 1l\8Q1fy~.' " the +tto ...1:"'"'1 all blCls lor to waive = technical ties and irregu- larities. Ali bids will .be publicly opened and read ~ the City Clerk at 2:00 0 clock p.m. on the 5th day of May, 2005, and wilf be submitted to the CIty Council for final action at a meeting to be held in the PublicllbrarvAuditorlum. 360 W4!St .1.tth Street. at , said City at 6:30 p.m. on ' the 16th day of May, 2005. A contract will be awarded at that time or such subse- quent time as the 'City may determine. . Published by order of the City Council of the City of Dubuque, Iowa and dated this 22nd day of April 2005. . . Is/Jeanne F. Schneider CMC, City Clerk . 1t 4/22 CERTIFICATION OF PUBLIC I, Bev Engler, a Billing Clerk for Woodward Com corporation, publisher of the Telegraph Herald,a n published in the City of Dubuque, County of Dubl certify that the attached notice was published in so dates: April 22, 2005, and for which the charge is ,------:2 C n __~ (-v-.aY-L-- ~d Subscribed to before me, a ~ Public in and f, this cQ(~ day of "-'1.A .Q , / d/ ~A ...;;t- - \" N!tah Public in an( i:.. t. f. 4l"~ . . 10"''' .~i~i[~~li~~~li~~ti\lgi~iil;i~HC ~~i -~~~~~ ~l~z.~1 Li~i -.1 l~i2~~~~&:1' ;~~ ~il!~ig~~ t cc..-. ~i::r::ri.s !2... - ife1 CD ! 4~~i.[ ~811!'< i r i" i - :~~tl~il~I~- ! ~.il ~l~~~lii~ i!1~ tg,c:~ ~~t rill!~'. f!~ili'li~ ;3~i~ a~illi!~ ~iai~Siz~i~t.~II~ii!~iga~~~~8~sf~~~gil-igi~i~~a~~i:~~ a 0.C!'S-- ~ 3CCD 3=iil:l. c .:<.lD oo.li""'.~ 0."'''' (J)CDIll' ~ 3'gi...a.~'" - -i-'~"'~ ::ri!~ 5'''' 0 ~g,iP: 0.' ~i ::"':TSli""Q' 0 0' .. ~o III g~i i::o -'O._z~~ 0. CD ~"'l!! -_. 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