Bergfeld Rec Area Development
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MEMORANDUM
June 14, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Bergfeld Recreation Area Development Project
Sealed bids were received for the Bergfeld Recreation Area Development Project.
Leisure Services Manager Gil Spence recommends award of the contract to the low
bidder. Drew Cook & Sons Excavating, in the amount of $469,524.60, which is 16%
under the engineer's estimate.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi hael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
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MEMORANDUM
June 10, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager \
SUBJECT: Bergfeld Recreation Area Development Project
INTRODUCTION
The purpose of this memorandum is to recommend that the City Council award a
contract to Drew Cook and Sons Excavating in the amount of $469,524.60 for
construction of the Bergfeld Recreation Area Development Project.
DISCUSSION
On June 9, 2005 bids were received for construction of the Bergfeld Recreation Area
Development Project. This recreation area is located in the Dubuque Industrial Center
West, and includes a rest room building, lighting for the parking lot and pavilion, second
fishing pier, and a walkway around the pond.
A summary of the bids received is as follows:
Drew Cook & Sons Excavating
Portzen Construction
Tschiggfrie Excavating
Kluck Construction
Bid
$469,524.60
$469,929.57
$510,217.13
$537,494.66
continued
Bergfeld Recreation Area
page two
The engineer's estimate for the project was as follows:
construction contract $ 560,000.00
contingency 100,000.00
design fees 70.750.00
TOTAL $ 730,780.00
Project costs with the low bid are as follows:
construction contract $ 469,524.60
contingency 100,000.00
design fees 70.750.00
TOTAL $ 640,274.60
RECOMMENDATION
I recommend that a contract be awarded to Drew Cook and Sons Excavating in the
amount of $469,524.60 for construction of the Bergfeld Recreation Area Development
Project.
ACTION STEP
The action requested is that the City Council adopt the attached resolutions awarding
the Bergfeld Recreation Area Development Project to Drew Cook and Sons Excavating
in the amount of $469,524.60.
GDS:et
attachments
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Rd
Phone: (563) 589-4263
RESOLUTION NO. 285-05
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
WHEREAS, on the 16th day of May, 2005, plans, specifications, form of contract
and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Bergfeld
Recreation Area Development Project.
WHEREAS, notice of hearing on plans, specifications, form of contract, and
estimated cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED 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, approved and adopted this 20th day of June
,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
PK
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Rd
Phone: (589) 589-4263
RESOLUTION NO. 286-05
AWARDING CONTRACT
WHEREAS, sealed proposals have been submitted by contractors for the Bergfeld
Recreation Development Project pursuant to Resolution No. 222-05, and notice to bidders
published in a newspaper published in the City of Dubuque, Iowa, on the 20th day of May,
2005.
WHEREAS, said sealed proposals were opened and read on the 9th day of June,
2005, and it has been determined that the bid of Drew Cook and Sons Excavating in the
amount of $469,524.60 was the lowest bid for the furnishings of all labor and materials and
performing the work as provided for in the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement be awarded to Drew Cook and 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.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor's bond, the
City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful
bidders.
Passed, approved and adopted this 20th day of
June
,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
PK
DU~~JE
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MEMORANDUM
May 9, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Bergfeld Recreation Area Development Project
Leisure Services Manager Gil Spence recommends initiation of the bidding process for
construction of the Bergfeld Recreation Area Development Project, and further
recommends that a public hearing be set for June 20, 2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
&J~Ai~
MicHael C. Van Milligen
----
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
1 (3s4 I
c;;- /;;)0 /05
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~~~
MEMORANDUM
May 9, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Bergfeld Recreation Area Development Project
INTRODUCTION
The purpose of this memorandum is to request that the City Council initiate the bidding
process for construction of the Bergfeld Recreation Area Development Project.
DISCUSSION
This project provides for development of the Bergfeld Recreation Area at the Dubuque
Industrial Center West. Development will include a rest room building, lighting for the
parking lot and pavilion, play equipment, second fishing pier, and walkway around the
pond. The engineer's estimate for the project is $730,780, with the construction contract
making up $660,000 of this estimate with a $100,000 contingency.
The schedule for the project is as follows:
City Council initiate bidding process
Notice to bidders
Receipt of bids
Notice of public hearing
Public hearing/award contract
Complete project
May 16, 2005
May 20,2005
June 9, 2005
June 10, 2005
June 20, 2005
December 1, 2005
The Fiscal Year 2006 budget contains $900,750 for this project. The reason the cost
estimates are less than the budgeted estimates are the rest room building size was
reduced, lighting estimates were high, and the width of the walkway was reduced,
eliminating most of the retaining wall that was needed with the ten foot wide path.
continued
Bergfeld Recreation Area, page two
Cost estimates are as follows:
construction contract
contingency
design fees
$
560,000
100,000
70,750
730,780
$
ACTION STEP
The action requested is for the City Council to adopt the attached resolutions giving
preliminary approval of plans and specifications, ordering bids, and setting the date of
public hearing.
GDS:et
attachments
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO.
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Bergfeld Recreation Area Development Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany
each bid shall be in an amount which shall conform to the provisions of the notice to
bidders hereby approved as a part of the plans and specifications heretofore adopted.
That the City Clerk is hereby directed to advertise for bids for the construction of
the improvements herein provided, to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall not be less than four days
nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 9th day
of June, 2005. Bids shall be opened and read by the City Clerk at said time and will be
submitted to the Council for final action at 6:30 p.m. on the 20th day of June, 2005.
Passed, approved and adopted this
day of
,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
PK
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO.
FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of Dubuque, Iowa has given its
preliminary approval on the proposed plans, specifications, and form of contract and
placed same on file in the office of the City Clerk for public inspection of the Bergfeld
Recreation Area Development Project.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, that on the 20th day of June, 2005, a public hearing will
be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons
may appear and be heard for or against the proposed plans and specifications, form of
contract and cost of said improvement, and the City Clerk be and is hereby directed to
cause a notice of time and place of such hearing to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be not less than four
days nor more than twenty days prior to the day fixed for its consideration. At the
hearing, any interested person may appear and file objections to the proposed plans,
specifications, contract, or estimated cost of the improvement.
Passed, approved and adopted this
day of
,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
PK
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO.
PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for
the Bergfeld Recreation Area Development Project, ,in the estimated amount of
$560,000, are hereby approved and ordered filed in the office of the City Clerk, for
public inspection.
Passed, approved and adopted this
day of
,2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
PK
Preparer: Gil Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
NOTICE OF HEARING ON PLANS AND SPECIFICATIONS
Notice of public hearing on proposed plans and specifications, proposed form of
contract and estimate of cost for the Bergfeld Recreation Area Development Project.
NOTICE IS HEREBY GIVEN: The City Council of Dubuque, Iowa will hold a
public hearing on the proposed plans, specifications, form of contract and estimate of
cost for the Bergfeld Recreation Area Development Project, in accordance with the
provisions of Chapter 384, City Code of Iowa, at 6:30 p.m. on the 20th day of June,
2005, in the Public Library Auditorium in Dubuque, Iowa. Said proposed plans,
specifications, form of contract and estimate of cost are now on file in the office of the
City Clerk. At said hearing any interested person may appear and file objections
thereto or to the cost of the improvements.
Published by order of the City Council given on the
day of
,2005.
Jeanne F. Schneider
City Clerk
PK
. '
~
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO. 220-05
PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the proposed plans, specifications, form of contract and estimated cost for
the Bergfeld Recreation Area Development Project, in the estimated amount of
$560,000, are hereby approved and ordered filed in the office of the City Clerk, for
public inspection.
16th
Passed, approved and adopted this day of May
,2005.
Attest:
Jeanne F. Schneider, City Clerk
PK
'.;
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO. 221-05
FIXING DATE OF HEARING ON PLANS AND SPECIFICATIONS
WHEREAS, the City Council of the City of Dubuque, Iowa has given its
preliminary approval on the proposed plans, specifications, and form of contract and
placed same on file in the office of the City Clerk for public inspection of the Bergfeld
Recreation Area Development Project.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, that on the 20th day of June, 2005, a public hearing will
be held at 6:30 p.m. in the Public Library Auditorium, at which time interested persons
may appear and be heard for or against the proposed plans and specifications, form of
contract and cost of said improvement, and the City Clerk be and is hereby directed to
cause a notice of time and place of such hearing to be published in a newspaper having
general circulation in the City of Dubuque, Iowa, which notice shall be not less than four
days nor more than twenty days prior to the day fixed for its consideration. At the
hearing, any interested person may appear and file objections to the proposed plans,
specifications, contract, or estimated cost of the improvement.
Passed, approved and adopted this16th day of
May
,2005.
Attest:
PK
".
Preparer: Gil D. Spence
Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO. 222-05
ORDERING BIDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the Bergfeld Recreation Area Development Project is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount of the security to accompany
each bid shall be in an amount which shall conform to the provisions of the notice to
bidders hereby approved as a part of the plans and specifications heretofore adopted.
That the City Clerk is hereby directed to advertise for bids for the construction of
the improvements herein provided, to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall not be less than four days
nor more than forty-five days prior to the receipt of said bids at 2:00 p.m. on the 9th day
of June, 2005. Bids shall be opened and read by the City Clerk at said time and will be
submitted to the Council for final action at 6:30 p.m. on the 20th day of June, 2005.
Passed, approved and adopted this 16thday of May
Attest:
~c-;
3eanne F. Schneider, City Clerk
PK
DUB~E
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MEMORANDUM
May 9, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Bergfeld Recreation Area Development Project
Leisure Services Manager Gil Spence recommends initiation of the bidding process for
construction of the Bergfeld Recreation Area Development Project, and further
recommends that a public hearing be set for June 20, 2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Ai~Aii.
Mictfael C. Van Milligen
----
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
r
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~~~
MEMORANDUM
May 9, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Bergfeld Recreation Area Development Project
INTRODUCTION
The purpose of this memorandum is to request that the City Council initiate the bidding
process for construction of the Bergfeld Recreation Area Development Project.
DISCUSSION
This project provides for development of the Bergfeld Recreation Area at the Dubuque
Industrial Center West. Development will include a rest room building, lighting for the
parking lot and pavilion, play equipment, second fishing pier, and walkway around the
pond. The engineer's estimate for the project is $730,780, with the construction contract
making up $660,000 of this estimate with a $100,000 contingency.
The schedule for the project is as follows:
City Council initiate bidding process
Notice to bidders
Receipt of bids
Notice of public hearing
Public hearing/award contract
Complete project
May 16, 2005
May 20, 2005
June 9, 2005
June 10,2005
June 20, 2005
December 1 , 2005
The Fiscal Year 2006 budget contains $900,750 for this project. The reason the cost
estimates are less than the budgeted estimates are the rest room building size was
reduced, lighting estimates were high, and the width of the walkway was reduced,
eliminating most of the retaining wall that was needed with the ten foot wide path.
continued
Bergfeld Recreation Area, page two
Cost estimates are as follows:
construction contract
contingency
design fees
$
560,000
100,000
70.750
730,780
$
ACTION STEP
The action requested is for the City Council to adopt the attached resolutions giving
preliminary approval of plans and specifications, ordering bids, and setting the date of
public hearing.
GDS:et
attachments
..-
,
CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
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:
aJbeVLduw.- -If-(
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Dated:
Dated:
Dated:
$"',.. 11- os-
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PRINCIPAL:
UlAO(~ Ce0k:f-r~ ~ (1\ ~
Contractor
(D", g~ \~\I1A~e..r R(~-€
Address
Individual ( ) Partnership ( ) Corporation (>4-
~ f)~ Uctoe-
Ity
By: 1;) hQ( (') G"90 ?-
Signature
~C>L
State
s:- dQ) (
Zip
\./, Ie e..
Title
~Wl ~~ (e'-1/ t-
G;-q-os-
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 Proposal Page 1 of 2
B-1
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Proposal Page 2 of 2
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CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
PROPOSAL
NO. DESCRIPTION
Paving
1 PCC Sidewalk, 5"
2 PCC Sidewalk, 6"
3 Handicap Ramps
4 Sidewalk Removal
5 Excavation, Class 10
6 3" Crushed Stone Base
7 3/4" Graded Base Stone
8 Revetment, Class E
Storm
9 Culvert, 18" RCP
10 Culvert, 24" RCP
11 Culvert Apron, 18" RCP
12 Culvert Apron, 24" RCP
13 12" Inlet Drain System, Complete
14 Intake, RA-64, Complete
Electrical, Building, and Misc Construction
15 Restroom Building, Complete
16 Flag Pole Installation, Complete
17 Electrical Service, Site Conduit and Conductor installation
18 Electrical Fixtures and Wiring Within Existing Gazebo
19 Luxor, LX200, 70S-V-A- 24SS-SG-LP and foundations
20 Protective Fencing at Culvert Sta. 18+30 (Cyclone Fencing)
21 Retaining Wall, Segmental
Water Service Connection
22 2" Connection to Existing Water Main (Live Tap)
w/saddle and corporation stop
23 2" Type K Copper Water Service w/boring under pavement
24 2" Curb Stop w/box
Sanitary Sewer Service Connection
25 Connect to existing manhole w/drop, core drilling
and gasket
26 4" DIP Sewer Service Class 52
27 4" PVC Sewer Service SDR 26
28 4" Flexible couplings w/SST shear ring
29 Manhole Adjustment (I~ss than 12")
30 Manhole Lowering (Barrel Removal/Replacement)
Miscellaneous and Erosion Control
31 Mobilization and Miscellaneous
32 Pavement Marking
33 Traffic Control
34 Silt Fence (Install and Remove)
35 Strip, Salvage, and Spread Topsoil
36 Seed, Fertilize, and Mulch
TOTAL
QUANTITY
24,170 SF
778 SF
1 EA
540 SF
9010 CY
165 TON
1,140 TON
321 TON
22 LF
18 LF
1 EA
2 EA
2EA
1 EA
1 LS
1 LS
1 LS
1 LS
2EA
86.25 LF
1,789 SF
1 EA
160 LF
1 EA
1 LS
10 LF
78 LF
2 EA
2 EA
3 EA
1 LS
1 LS
1 LS
3,740 LF
6,040 CY
15,137 SY
UNIT
PRICE
4..{~5~
4.75"'
'1 t'O. 00
I . ,).f)
.....,.~o
i q . 0(:)
15'.oD
I Le. oe
3~.oo
6"'5"".. DD
5''7 ~.. DC>
(03 S. 00
J l...(,oo~ 00
I S-co~ 00
10J.. ). '3302-
~l 3F
. C, g o..:J
. l ,C:;,;) ( . 00
CJ 0,)_ DO
lS"~~_ 00
'7C>.Ou
..23..00
3 S""c. Oc:::>
;2~.~
l S-D. 00
Sb0.OO
:1.<::,00
l'-d ,DO
~.eo
L Se .uU
I)", Q:). CD
S700.o0
(~:). 0<:)
:f:,cO. 00
J.Se
<Q. 00
.3D
TOTAL
PRICE
ioe IlP5.oo
3\ C-
(t-.q, ,~o
., eo,. a c:>
(., 15". oe
Co ., S7C;-. OC
;)., 3(C,O~
I ~ l 00. O~
(~<..' co
77D...oc
<=f ceo. DC
S7~OC>
, &. -3$'"~ 00 n 7('.( /
~ SDo..oo
( S' ~ ' c::.c
(D;;21 ;) 3 3.00
}li~:~~
'102...00
(SOt(."ou
~o3/..S-D
Y I ( {~ 7. eJO
3> &'0. bo
<.{4 Be) .OD
1,~D. CiO
,e:;e;p. 00
.;2$'0. Db
Il..{o,/.o,)
( 00. CO
3DO.DO
37~.OU
~7ClCl- o~
(..).5"". c)u
'"300.00
'1350 ' ~c.
"3." , :2~D. Do
1;2., 1 ()C(. c;, 0
This bid schedule accompanies the proposal of ~L0 (~k....s. ~~ {;. :LL
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CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
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:
Addendum #1
Addendmn #2
Dated: 5/17/05
Dated: 6/6/05
Dated:
PRINCIPAL:
Portzen Construction, Inc,
Contractor
205 Salina Street
Address
Individual ( ) Partnership ( ) Corporation ( 29
Dubuque
City
By: ~~p~
Iowa
State
52003-7433
Zip
Corporate Secretary
Title
6/9/05
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.
Bid Proposal Page 1 of 2
B-1
~
Proposal Page 2 of 2
CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
PROPOSAL
UNIT TOTAL
NO. DESCRIPTION QUANTITY PRICE PRICE
Paving
1 PCC Sidewalk, 5" 24,170 SF $4.25 $102,722.50
2 PCC Sidewalk, 6" 778 SF $4.50 $3,501.00
3 Handicap Ramps 1 EA $450.00 $450.00
4 Sidewalk Removal 540 SF $0.25 $135.00
5 Excavation, Class 10 9010 CY $5.00 $45,050.00
6 3" Crushed Stone Base 165 TON $10.00 $1 ,650.00
7 3/4" Graded Base Stone 1,140 TON $10.00 $11 ,400.00
8 Revetment, Class E 321 TON $22.00 $7,062.00
Storm
9 Culvert, 18" RCP 22 LF $32.00 $704.00
10 Culvert, 24" RCP 18 LF $39.00 $702.00
11 Culvert Apron, 18" RCP 1 EA $450.00 $450.00
12 Culvert Apron, 24" RCP 2 EA $500.00 $1,000.00
13 12" Inlet Drain System, Complete 2 EA $1,455.00 $2,910.00
14 Intake, RA-64, Complete 1 EA $2,000.00 $2,000.00
Electrical, Building, and Misc Construction
15 Restroom Building, Complete 1 LS 118,109.57 $118,109.57
16 Flag Pole Installation, Complete 1 LS $9,773.00 $9,773.00
17 Electrical Service, Site Conduit and Conductor installation 1 LS $5,697.30 $5,697.30
18 Electrical Fixtures and Wiring Within Existing Gazebo 1 LS $758.10 $758.10
19 Luxor, LX200, 70S-V-A- 24SS-SG-LP and foundations 2 EA $7,395.15 $14,790.30
20 Protective Fencing at Culvert Sta. 18+30 (Cyclone Fencing) 86.25 LF $73.50 $6,339.38
21 Retaining Wall, Segmental 1,789 SF $23.63 $42,266.13
Water Service Connection IVJ)Jti-C I
22 2" Connection to Existing Water Main (Live Tap)
w/saddle and corporation stop 1 EA $750.00 $750.00
23 2" Type K Copper Water Service w/boring under pavement 160 LF $22.00 $3,520.00
24 2" Curb Stop w/box 1 EA $260.00 $260.00
Sanitary Sewer Service Connection
25 Connect to existing manhole w/drop, core drilling
and gasket 1 LS $1 ,750.00 $1,750.00
26 4" DiP Sewer Service Class 52 10 LF $30.50 $305.00
27 4" PVC Sewer Service SDR 26 78 LF $21.50 $1 ,677.00
28 4" Flexible couplings w/SST shear ring 2 EA $60.00 $120.00
29 Manhole Adjustment (less than 12") 2 EA $350.00 $700.00
30 Manhole Lowering (Barrel Removal/Replacement) 3 EA $500.00 $1 ,500.00
Miscellaneous and Erosion Control
31 Mobilization and Miscellaneous 1 LS $9,000.00 $9,000.00
32 Pavement Marking 1 LS $150.00 $150.00
33 Traffic Control 1 LS $500.00 $500.00
34 Silt Fence (Install and Remove) 3,740 LF $2.75 $10,285.00
35 Strip, Salvage, and Spread Topsoil 6,040 CY $8.00 $48,320.00
36 Seed, Fertilize, and Mulch 15,137 SY $0.90 $13,623.30
TOTAL $469,929.57
This bid schedule accompanies the proposal of Portzen Construction, Inc. ~ IH:.ci C, '.j ~ <~
t.;";';.,/
B-2
CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
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:
---'l cld. Q.v\d iAiM. "" \
tt:2..
Dated:
Dated:
Dated:
:~ I~:~;
PRINCIP AL:
T;;:;c,^ " ~~~:5'r i e be (r" UlA..-li ~""
Contractor V
L/ L S riAl, Q Vi ))!A.btA~1A ~ \:::>r.
Address
Individual ( ) Partnership ( ) Corporation t>(
\) ~\.A.-~~
City
By: L~~
Signature
, ')>r~
Tit'tlf
-rA-
State
5ZiYJ3
Zip
J(AJ/l t?- 9' J ZOo 5
Date '
Note: To be completed by out of State bidders.
The State of does ( ) / does not ( ) uthize a percentage preference for in
state bidders. The amount of preference is percent.
Bid Proposal Page 1 of 2
B-1
Proposal Page 2 of 2
CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
PROPOSAL
NO. DESCRIPTION
Paving
1 PCC Sidewalk, 5"
2 PCC Sidewalk, 6"
3 Handicap Ramps
4 Sidewalk Removal
5 Excavation, Class 10
6 3" Crushed Stone Base
7 3W Graded Base Stone
8 Revetment, Class E
Storm
9 Culvert, 18" RCP
10 Culvert, 24" RCP
11 Culvert Apron, 18" RCP
12 Culvert Apron, 24" RCP
13 12" Inlet Drain System, Complete
14 Intake, RA-64, Complete
Electrical, BuDding, and Mise Construction
15 Restroom BuikIing, Complete
16 Flag Pole Installation, CompJete
17 Electrical Service, Site Conduit and Conductor inslaIJation
16 Elect1ic;al Fixtures and Wiring Within Eming GcIzebo
19 Luxor, LX2OO, 70S-V-A- 24SS-SG-LP and foundations
20 Protective Fencing at Culvert Sta. 18+30 (CycJone Fencing)
21 Retaining Wan, Segmental
Water Service Connection
22 Z' Connection to Existing WiIcer Main (Uve Tap)
wlsaddle and corporation stop
23 2" Type K Copper Water Service wlbor1ng under pavement
24 2" Curb Stop wlbox
Sanitary Sewer Service Connection
25 Connect to existing manhole w/drop, core drilling
and gasket
26 4" DIP Sewer Service Class 52
27 4" PVC Sewer Service SDR 26
28 4" Flexible coupJings wlSST shear ring
29 Manhole Aqustment (less than 12")
30 Manhole LC7M!Iing (Barrel RemovaJIRepIacement)
Miscellaneous and Erosion Control
31 Mobtlization and Miscellaneous
32 Pavement Marking
33 Traffic Control
34 Silt Fence (Install and Remove)
35 Strip, Salvage, and Spread Topsoil
36 Seed, Fertilize, and Mulch
TOTAL
UNIT TOTAL
QUANTITY PRICE PRICE
24,170 SF 4.00 $96,680.00
778 SF 5.30 $4,123.40
1 EA 860.00 $860.00
540 SF 1.20 $648.00
9010 CY 8.70 $78,387.00
165 TON 10.75 $1,773.75
1,140 TON 11.00 $12,540.00
321 TON 18.45 $5,922.45
22 LF 35.75 $786.50
18 LF 42.15 $758.70
1 EA 472.00 $472.00
2EA 497.00 $994.00
2EA 1,558.00 $3,116.00
1 EA 1,288.00 $1,288.00
1 LS 117,830.00 $117,830.00
1 LS 11,060.00 $11,080.00
1 LS 6,240.00 $6,240.00
1 LS 830.00 $830.00
2EA 16,200.00 $32,400.00
86.25 LF 80.50 $6,943.13
1,789 SF 22.15 $39,626.35
1 EA
160 LF
1 EA
564.00
38.65
424.00
$564.00
$6,184.00
$424.00
1 LS 638.00 $638.00
10 LF 51.35 $513.50
78 LF 41.90 $3,268.20
2EA 138.50 $277.00
2EA 408.00 $816.00
3EA 760.00 $2,280.00
1 LS 8,100.00 $8,100.00
1 LS 345.00 $345.00
1 LS 345.00 $345.00
3,740 LF 2.95 $11,033.00
6,040 CY 6.25 $37,750.00
15,137 SY 0.95 $14,380.15
$510,217.13
This bid schedule accompanies the proposaJ of
Tschiaafrie Excavating Co.
B-2
~1,
n,
~..
~
..
CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
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:
No.1
No. 2
Dated: May 17, 2005
D~ed: June 6, 2005
Dated:
PRINCIPAL:
Kluck Construction, Inc.
Contractor
14301 HWY 20 West
Address
Individual ( ) Partnership ( ) Corporation *~
Dubuque
City
By:"-- l.~c.-.p..- ~
Signature ..
Iowa
State
52003
Zip
Vice President
Title
6-9-05
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.
Bid Proposal Page 1 of 2
B-1
" P?I;.osal Page 2 of 2
" ~
'/ ,~ CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
PROPOSAL
UNIT TOTAL
NO. DESCRIPTION QUANTITY PRICE PRICE
paving
1 PCC Sidewalk, 5" 24,170 SF 4.20 101,514.00
2 PCC Sidewalk, 6" 778 SF 4.70 3,656.60
3 Handicap Ramps 1 EA 384.00 384.00
4 Sidewalk Removal 540 SF 1.50 810.00
5 Excavation, Class 10 9010 CY 8.40 75,684.00
6 3" Crushed Stone Base 165 TON 15.75 2,598.75
7 314" Graded Base Stone 1,140 TON 15.75 17,955.00
8 ReVf~Jment, ClasS E 321 TON 26.25 8,426.25
Stonn
-9 Culvert, is'' RCP 22 LF 52.50 1,155.00
_10 Culvert, 24" RCP 18 LF 63.00 1,134.00
.....-11 culvert Apron, is'' RCP 1 EA 420.00 420.00
..,,12 Culvert Apron, 24'; RCP 2EA 525.00 1,050.00 "
--13 12" Inlet Drain System, Complete 2EA 1,365.00 2,730.00
..-14 Intake, RA-64, Complete 1 EA 686.16 686.16
Eltctrlctl. l:iulldlhg, And MI.c Construction
15 . Restroom building, Complete (Including Bond) 1 LS 134,252.~9
..,...:.16 Flag p()le~nstallatlon, Complete 1 LS 9,835.95 9,835.95
17 Electrical Service, Site ConduIt and Conductor Installation 1 LS 6,239.90 6,239.90
18 Electrical Fixtures and WIring Within Existing Gazebo 1 LS 830.30 830.30
19 Luxor, lX2oo. 70S-V-A- 24SS-SG-LP and foundations 2 EA 8,099.45 16,198.90
20 Protective Fencing at Culvert Sta. 18+30 (Cyclone Fencing) 86.25 LF 115.00 9,918.75
21 Retaining Wall, Segmental 1,789 SF 23.62 42,256.18
Wate,. Servlcd connlctlon
22 2" Connection to ExIsting Water Main (Live Tap)
w/saddle and oorporatlon stop 1 EA 945.00 945.00
23 2" Type k Copper Water Service wlboring under pavement 160 LF 52.50 8,400.00
24 2" Curb Stop wlbox 1 EA 420.00 420.00
,., SAnItary Sewet Service ConnectIon
25 . Connect to existing mahhole w/drop, core drilling
atld gasket 1 LS 630.00 630.00
28 41' DIP sewer Service Class 52 10 LF 58.87 588. ~ '1["
. 21 4" PVC Sewer SeiVlce SDR 28 78 LF 4/ 00 1,/70.00
26 4;' Flexible couplings W/SSt &hAar ring tEA 73.50 147.00
29 Manhole Adjustment (less than 12'1 " .
2 EA 315.00 630.00
30 Manhole Lowering (Barrel Removal/Replacement) 3 E;A. 1,050.00 3,150.00
. Miscellaneous and l:toslon Control
31 Mobilization and Miscellaneou8 1 LS 1,050.00 1,050.00
32 Pavement MElrking 1 LS 200.00 200.00
33 Traffic Control 1 LS 500.00 500.00
34 Slit Fence (Install and Rtltnove) 3,740 LF 2.20 8,228.00
35 Strip, Salvage, and Spread Topsoil 6,040 CY 10.50 63,420.00
36 Seed, Fertilize, and Mulch 15,137 SY _S4 8, 1 73 . 4-R "lb
tofAL 5-39-;-494 . 66
This bid schedule accompanies the proposal of 11> S ~-; '-f q I~I ., II
B-2
.-""'""'-----... ------.. . ~..~-_.- -.."" -~ - --- -.--. .-.--.----- -. - - ,---"
..~
~.
INSURANCE
A Mutual Company
BID BOND
Approved by the American Institute of Architects
A.IA. Document No. A-3JO Feb. 1970 Ed.
Bond No.
KNOW ALL MEN BY THESE PRESENTS,
That we Drew Cook & Sons Excavating, Inc., 5200 Wolfe Rd, Dubuque IA 52002
(Here insert the name and address or legal title of the Contractor)
as Principal, hereinafter called the Principal, and IMT Insurance Company (Mutual), a corporation duly organized
under the laws of the State ofIowa, as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Dubuque Iowa
as Obligee, hereafter called the Obligee, in the sum of Ten percent of bid
Dollars ($ 10% of bid ), 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
Bergfeld Recreation Area Development
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 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 material 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 June
2005
Drew Cook & Sons Excavating, Inc.
Principal (Seal)
'/J '-r--
BY: J~ \ ~t ViCe T~'>.~OV'-'
Title
, ttorneY-1
,.,.
@I.@1
~ . ~
~ T ~
~ ~
I 1M! !~!~~~CE I
~ ~
I POWER OF ATTORNEY No. 27 1 40 I
~ Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. ~
I Know All Persons By These Presents, that IMT Insurance Company (Mutual) a corporation duly organized under the laws of the State of Iowa, and I
~ having its principal office in the City of West 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 and Barton P. Brown ~
~ ~
~ 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, under- ~
~ takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the ~
~ amount of: ~
~ One Million Five Hundred Thousand and No/100 ($1,500,000.00) Dollars ~
~ and to bind IMT Insurance Company (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly ~
~ authorized officers of IMT Insurance Company (Mutual), and all such 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 By-Laws adopted by the Board of ~
~ Directors of IMT Insurance Company (Mutual) on December 18, 1998. ~
~ ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and ~
@J to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con- ~
~ tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements. ~
~ ARTICLE VIII, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power ~
~ of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By-Laws. Such ~
~ facsimile signature and seal shall have the same force and effect as though manually affixed. ~
~ In Witness Whereof, IMT Insurance Company (Mutual) has caused these presents to be signed by its President and its corporate seal to ~
~ be hereto affixed, this 27tb day of .Jannary , 2005 ~
~ IMT Insurance Company (Mutual) ~
I ~~..ktrlfj I
~ Richard Keith, President ~
~ ~
~ WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED LOGO. ~
~ STATE OF IOWA } ss: ~
~ COUNTY OF POLK ~
~ ~
~ On this 27tb day of January ,2005 , before me appeared Richard Keith, to me personally known, ~
~ who being by me duly sworn did say that he is President of the IMT Insurance 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 lmd affixed my Official Seal at the City of West Des Moines, Iowa, the day and year ~
~ first above written. ~
@JjjIAL""TERRYFREDERICKr-, " ~
~ U ~ COMMISSION NO. 711620 '-- \ ~~<- ~
~ .. .. MY COMT'MISSI,?f'I EXPIRES Notary Pu~ounty, Iowa ~
~ lOW,. I :;)~ I ClI ~
~ CERTIFICATE ~
I I, Newell K. Hart, Secretary of the IMT Insurance Company (Mutual) do hereby certify that the above and foregoing is a true and cor- I
~ rect copy of the POWER-OF-ATTORNEY, executed by said the IMT Insurance Company (MIl~U:JI), which is still in force and effect. ~
~ In Witness Whereof, I have hereunto set my hand and affixed the Seal of the CompanY on 7 LIl day of ~
~ Tune ,:2005 ~
I ~~(~ I
~ NeweU 1<.. Hart, Sccr<;>tary ~
! SY 06 06 (06/04)- " I
@I @I
.I
--"'--
~a~ 19 05 07:21a
Portzen/Dbq Plmg & Htg
563-557-9048
~
CITY OF DUBUQUE, IOWA
BERGFELD RECREATION AREA DEVELOPMENT
BID BOND
KNOWN All MEN BY THESE PRESENTS, thatwe Portzen Constrllc.tioa~ Inc.
Principal (Contractor). and United Fire & C~filSaSt!tetf.<are held and firmlY, b9~nd ynto the
unto the City of Dubuque. Iowa (City), in the penal sum of Ten Percent fnLO~Mf.lII= rt\efteyhed E
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 9th day of Tl1l'~ ' 2005. for the
Bergfeld Recreation Area Development 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
bylaw.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument
under their several seals this 25th day of I _ , 2005. the name and
corporate seal of each corporate party being hereto afflxWd and these presents duly signed by
its undersigned representative pursuant to authority of its governing body.
PRINCIPAL:
SURETY:
By:
PORTZEN CONSTRTTr.'T'TON INC
~~.
UNITED FIRE f., CASTJAITV CO
Surety Company
By: ~--.. k. ;...1. 41 A.";-<k
Signature '
Corporate Secretary
Title
Attorney-in-F~cr
Titte
6/9/05
Date
}fay 25, 200')
Date
C-1
CITY OF DUBUQUE, IOWA "
BERGFELD RECREATION AREA DEVELOPMENT
BID BOND
Tschiggfrie
KNOWN ALL MENAY. T-H~SE P~~~Nl~ t~~bW~ Excavating Co. as
Principal (Contractor), and o~eH~r~l~g~ e. 0, ~s Surety~~re held and firmly bound unto the
unto the City pf Dubuque, Iowa (City), in the penal sum of 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 9th day of June , 2005, for the
Bergfeld Recreation Area Development 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
bylaw.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument
under their several seals this 9th day of June , 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:
Tschiggfrie Excavating Co.
Contractor
Fidelity and Deposit Comp~ny of Maryland
Surety Company
By: Si~~~~~~~1\'VI R 1)(~ I )
..---:::--
B~'rt /~/?/-
Title /~,----
June 9, 2005
Date
Nancy D. Schwarz, Attorney-in-Fact
Title
June 9, 2005
Date
C~1
, '.
.
.
o
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 vailabiIitv of Covera2e for Terrorism Losses
As required by the TerrOlism 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
materiallYaS'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
pm1icipates 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:
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 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
~00507 49 .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, 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 ~ 611 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 (' orney-in-Fact, to
make, execute, seal and deliver, for, and on its beha ~'ts ~\. and all bonds and
undertakings, and the execution of such . @.d~se presents, shall be as binding upon said
Company, as fullY~ ad ampl t 1eJ . een duly executed and acknowledged by the
regularly elected of ~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, ~~ ' ed April 11, 2003.
The said Assistant Sefr'etrtY 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
~o-{, f11M,~C5
~'%i/k:4 ~.
/
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.
\,\\\ ~" I "1'1"
j~~;Ei~i%)
}ltllH\I\\
/1 .
~~Q-
l~..A..V,^-r'_-
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 of the 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 ofthe said Company,
this
9th
day of
June
2005
M:f~
Assistant Secretary
-..
t#
INSURANCE
A Mutual Company
BID BOND
Approved by the American Institute of Architects
A.IA. Document No. A-31O Feb. 1970 Ed.
Bond No.
KNOW ALL MEN BY THESE PRESENTS,
That we Kluck Construction Inc., POBox 1045, Dubuque, IA 52004-1045
(Here insert the name and address or legal title of the Contractor)
as Principal, hereinafter called the Principal, and IMT Insurance Company (Mutual), a corporation duly organized
under the laws of the State ofIowa, as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Dubuque Iowa
as Obligee, hereafter called the Obligee, in the sum of Ten percent of bid
Dollars ($ 10% of bid ), 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
Bergfeld Recreation Area Development
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 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 oflabor and material 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 8th
day of June
2005
Kluck Construction Inc.
-.,I Principal
~~~
I Title
(Seal)
(:(~'-J 9. Q~~
~ WIt ess
,AttorneY-Ill- Fact
-..
~ IEl
~. ~
~ . ~
I ~
I IM~ !~!~~~CE I
~ ~
I POWER OF ATTORNEY No. 27 1 4 1 I
I Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. ~
I Know All Persons By These Presents, that IMT Insurance Company (Mutual) a corporation duly organized under the laws of the State of Iowa, and I
~ having its principal office in the City of West 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 and Barton P. Brown ~
~ ~
~ of Duhuquf" 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, under- ~
~ takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the ~
~ amount of: I
~ One Million Five Hundred Thousand and No/I00 ($1,500,000.00) Dollars I
I and to bind IMT Insurance Company (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly I
@ authorized officers of IMT Insurance Company (Mutual), and all such acts of said Attorney-in-Fact, pursuant to the authority herein given, are @
i hereby ratified and confirmed. ~
~ This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of i
@ Directors of IMT Insurance Company (Mutual) on December 18, 1998. W
~ ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and ~
@ to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con- ~
i tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements. I
~ ARTICLE VIII, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power ~
~ of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By-Laws. Such ~
~ facsimile signature and seal shall have the same force and effect as though manually affixed. ~
I In Witness Whereof, IMT Insurance Company (Mutual) has caused these presents :0 be signed by its President and its corporate seal to I
I be hereto affixed, this 27th day of January 2005 I
I IMT Insurance CODlpany (Mutual) I
~ ~~~..ktdtj ~
i Richard KeiLh, President i
~ WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED LOGO. I
I} ~
~ STATE OF IOWA ss: I
I COUNTY OF POLK I
I On this 27th day of .January ,100'\ , before me appeared Richard Keith, to me personally known, I
~ who being by me duly sworn did say that he is President of the IMT Insurance Company (Mutual), the corporation described in the foregoing I
~ 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 West Des Moines, Iowa, the day and year ~
~ first above written. ~
@ li~lAt. Ca_ TERRY FREDERICK C ~
~ z ? COMMISSION NO. 711820 '-- \ _______::::::>..,..~L.. I
I .. lOW,." MY ~~ifr ~/RES Notary Public, P'olrtounty, Iowa I
~ CERTIFICATE ~
~ ~
~ I, Newell K. Hart, Secretary of the IMT Insurance Company (Mutual) do hereby certify that the above and foregoing is a true and cor- ~
@ rect copy of the POWER-OF-ATTORNEY, executed by said the IMT Insurance Company (MIl"naJ), which is still in force and effect. ~
i In Witness Whereof, I have hereunto set my hand and affixed the Seal offue. CQmpa{IY on day of i
~' ~
I ~~uJ~V~ ~
~ Newelll{. Hart, Secr~tfl-ry i
~ SY 06 06 (06/04) ~
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