Loading...
Bonds & Contracts Aprovals .;. , CITY OF DUBUQUE, IOWA COMISKEY PARK TENNIS COURT AND SKATE PARK PCC SLAB PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Drew Cook & Sons Co., Inc. as Principal (Contractor) and IMT Insurance Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $84,211.25 herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this 18th day of July, 2005, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated July 13, 2005, incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the Comiskey Park Tennis Court and Skate Park PCC Slab (the Project) according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the Project, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the City is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. G-1 3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two (2) year(s) from the date of acceptance of the work under the Contract by the City Council of the City of Dubuque, Iowa, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the City the reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the City all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for. any outlay of money which it may be required to make in order to complete said Contract according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. The Contract, Contractor's Proposal, and Construction Documents shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 18th day of July ,2005. G-2 . , 1 CITY OF DUB.U 1.U. E'.IIOWf~:! I 1 C /1 !i By: / L l,---' v" t-/ I _ City Ma~ager PRINCIPAL: Contractor Drew Cook & Sons Excavating Co., Inc. BY:a. 1 JCtLm i~ Signature j)( f5 D2 QiVd Title - Dubuque, IA 52001 City, State, Zip Code 563-556-3232 Telephone .~ ~~~~;~;/ Attorney In-Fact G-3 ~ I. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 4 o @] ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ day of ~ ~ ~ ~i ~ ~ @].@] <$> !~!.~~~~CE POWER OF ATTORNEY No. 28858 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. Know All Persons By These Presents, that IMT Insurance Company (Mutual) a corporation duly organized unqer the laws of the State of Iowa, and 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/I00 ($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 ofIMT 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 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 28th day of June , 2005 IMT Inslirallce CODlpany(Mutual) ~~~ki1lt'j Richard Keith, l're~idel1t WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED LOGO. STATE OF IOWA COUNTY OF POLK } ss: On this 28th day of June , 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 and affixed my Official Seal at the City of West Des Moines, Iowa, the day and year first above written. i''''A. \ "Jl1Lio low,. TERRY FREDERICK COMMISSION NO. 711620 MY COMMISSION EXPIRES --, , :..,)~ j t:;lI CERTIFICATE '- \~~ Notary Pubhc, Po ounty, Iowa 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 (MI.I~lIaD, which is still in force and effect. In Witness Whereof, I have hereunto set my hand and affixed the Seal of th~ Comparr)' on 18th July , 2005 ~~uJ'"5/~ NeweU K. Hart, Secretary SY 06 06 (06/04) -,.?' CITY OF DUBUQUE, IOWA COMISKEY PARK TENNIS COURT AND SKATE PARK PCC SLAB IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 13th day of July, 2005, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Drew Cook & Sons Excavating Co., Inc.(Contractor) of the City of Dubuque. For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for Comiskey Park Tennis Court and Skate Park PCC Slab (the Project). The Project shall be made to the established grade and to the grades as shown on the plans on file in the City Engineer's office for this Project; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor s,hall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5%) of the Contract price shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. F-1 . ," 6. The Contractor has read and understands the specifications including General Requirements and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before October 15, 2005. 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Council, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT AMOUNT $84,211.25 F-2 .. ... FURTHER CONDITIONS The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby it has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $300.00 (Three Hundred Dollars) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Iowa Code ~ 573.6, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. CITY On~Br~~: IOW~ J By (L'l ~~~nlJVl_ Cfty Manager PRINCIPAL: Contractor Drew Cook & Sons Excavating Co., Inc. By: llBLcil pn L ~ture , 0 2J.Ci (} JI) 1'-- Title CERTIFICATE OF CITY CLERK This i~zrtifY that a c ified copypf the above Contract has been filed in my offic on the day of 't,a)(7, 2005. .. ~ %./--r;;__ " ~ eanne F. Schneider, CMC, City Clerk F-3 ~. ~ ... " CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANc.e BOND KNOWN ALL MEN .BY THESE PRESENTS: That Horsfield Construction, Inc. as PrIncipal (Contractor) and United Fire and Casualty company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penallwm of $8,801000.00 the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United states of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this day of I 2005, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated ~!1st day of June, 2005, incorporated herein by reference, has agreed with said City of Dubuque to perform an labor and furnish aU materials required to be performed and furnished for the University Avenue Extension . Phase II, pec Pavement Project (the Project) according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor imd Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to.wit 1. PERFORMANCE BOND: ,he Contractor shall well and fE.ithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents. by reference made a part hereof, for the Project, and shall Indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its liUbcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety :shall pay all just claims submitted by persons, firms, subcontractors, and corporations furniShing materials for or performing labor In the performance of the Contract on account of whIch this Bond is given, Including but not limited to claims for all amounts due for labor . , matenals, lubricants, aU, gasoline, repairs on machinery, equipment and toolsl consumed or used by the Contractor or any 5ubcontraclior, wherein the same are not satisfied out of the portion of the contract price whhch the City is required to retain until completion of the improvement, but the Contractor and Surety shall not be lIabfe to said persons, firms. or corporations unless the claims of said claimants against said portion of the contract price shall have bee.n established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and ... conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. 3, MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own expense: A. To remedy any and all defects that may develop in 01' result from work to be performed under the Contract within the period of two (2) year(s) from the date of acceptance of the work under the Contract by the City Council of the City of Dubuque, Iowa, by reason of defects In workmanship or materials used in construction of said work; 8. To keep all work in continuous good repaIr; and C. To pay the City the reasonable costs of monitoring Bind Inspection to assure that any defects are remedied, and to repay the City all outlay and expense Incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this sectIon. Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. NOW, THEREFORE, the condition of this obligation is such that if the saId Contractor shall perform all of the work contemplated by the Contract In a workmanlike manner and In strict compliance with the plans and specifications, and will pay all claims for labor and materials used In connection with said Project. to indemnify the said City for all damages I costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make In order to complete said Contract according to the Construction Documents and will ma,intaln in good repair said Project for the period specIfied in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise It shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. . The Contract, Contractor's Proposal, and Constructron Documents shall be considered as a part of this Bond just as if their terms were repeated herein, Dated at Dubuque, Iowa this day of ,2005. '" .' By: Ci anager V\A.dl.LJb/aMS YW clA.U e \J dA. JVv---- 0 . By: PRINCIPAL: Horsfield Construction. Inc. Contractor '-Ii LE~~il)8-tr Title SURETY: By: Attorney-in-fact Title Des Moines, IA 50309 City, State I Zip Code 515-309-6200 Telepl10ne Barry A. McGee Attorney In-Fact '\ r UNITED FIRE & CASUALTY COMPANY HOME OFFICE - CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company - See Certification) J _. KNOVIIALL MEN BYTHESE PRESENTS,ThattheUNITEO FIRE & CASUALTY COMPANY,.~..corporationduIY(@anged and existing under toe laws ofttle State of Iowa, aqdhaving its principal afficein Cedar Rapids, State of Iowa, does make,constitute~nd aPBoint T.E.....RRY..A.S...CHULT:z;, .OR...D.lONE. R. YOUN~I.OR BAR.RY.A. MC.G...EE, OR. JOH.N W. A.HROL.D. '.....OR. JOHN......R~ FAY, OR KARLENEKENTNER, OR JENNIFER STARK, OR MATT FAY, ALL INDIVIDUALLY of DES MOINESIA its .tiueandlawfuIAttPmey(s}-in-Fact with power and authority hereby conferred to sign, seal and exeCuteln its b~h~lf all laWful ponds, undertaklq9s and ather Otlligatoryinstr~mentsof similar nature as follows: Any andiltl1 Bonds . / . . ..... ........... ...... . . and tobindUNIT~D FIRE &GA$UALTY COMPANY thereby as fully amHo the~ame extenti:js if such jn~trUmElhts wefElsign~dbythe duly autMriledofficersQf UNITED FIRE & CASUALTY>COMPANY and all the acts ofsaidAttorney, pursuant to the aufhornyhereby given are hereby ratified and confirmed. ... The Authorityherepy granted is continuous and shall remain in fuUforce andeffectllrytilrevokl'}dOY UNIJ5P.FIRE & CASUALTY.......COMPA.NY....... ... ..... ...... .... ....... ..... ........... .... . . .. ...... ....... .... .. ...... ........... .. ...... ... ......... .... ................... ... ... ......... This powerdofAttorney is made ahdexe<;uted pursuantto and by authority ofthefoUowing ay-Law dufy adopted by Boa~d of Direciorsofthe companY Qn April18, 1973. ..... .. ...... .... ..... .... . . .......... . ... ... . "Article V- Surety Bcmds andUnd~rt~ldngs" f:)ection 2, Appointment of Attorney-in-Fact. "The President or any Vice President,dr any6therQfficerofth~C6mpany may? from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature ()fany officer authpriz:~qherepy, andthe C;orj:)orate seal, maybe affixed by facsimile to any power of attorney or special pO\'J'er ofattorneypr certific~tion C#. ... eitharauthorizedhereby;s\.ich signature and seal, when so used, being adopted by the Companyastheorjgin~lSigf)~tur~of .. such officer andJheQriginalseal of the Company, to be valid and binding upon the Company withtre~ameforc~ and~f'frctas tholJghmanuallyaffii(ed~ Such attorneys-in fact, subject to the limitations set forth in their resp~ctivecertificatEls()fauthbrity s~aUhavEl fuUpower to bind the Company by their signature and execution of any such instrume?tsand to at1:actldtheseat9f the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at any time revoke all power and authority previously given to any attorney-in-fact. By~q~ ondJ.7th day Of January, 2005, before me personally came Randy A. Ramlo. .. ........... ..... . ... ......> tome known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, StatepfH)Wa;thatrye i~.aYice Pr~sident of the UNITED FIRE & CASUAL TY COMPANY, the corporation described in and which execut~dthEl.abovejn~trurn~nt; tt'la! he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; thatitwas so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and ...acknowledges same to be the act and d~.()f saidcorporatiOf). '._4/V\~ ~ ~__~~~ ..MICH.LLE WtlSON Nqtary PUblic .. !.';t~~:~~:ti'J:;:~~l:: My commissi9nexp!res: OW~. .. ....."1 I... ....C:J.c BONDOO19 0802 01 FA96 (Form 650019) 9-02 CONTRACT , ., ,~, I ' " Letting Date: County: DUBUQUE Cost Center: 849300 Contract Work Type: June 21, 2005 Contract Project Engineer: Object Code: 890 PCC PAVEMENT - NEW 10: 31-2100-635 HOWARD R. GREEN CO. Bid Order No.: 103 DBE Commitment: $0.00 This agreement made and entered by and between the CITY OF DUBUQUE CONTRACTING AUTHORITY, AND HORSFIELD CONSTRUCTION, INC. OF EPWORTH, lA, (H0640), CONTRACTOR It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor, the specifications, the plan, if any, for project(s) listed below, together with Contractor's performance bond, are made a part hereof and together with this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties hereto. A true copy of said plan is now on file in the office of the Contracting Authority under date of 06/16/2005 ------------------------------------------------------------------------------------- PROJECT: STP-U-2100(635)--70-31 WORK TYPE: PCC PAVEMENT - NEW ROUTE: UNIVERSITY AVENUE LOCATION: 100FT. S OF ETHEL TO US 20 FEDERAL AID - PREDETERMINED WAGES ARE IN EFFECT COUNTY: DUBUQUE ACCOUNTING ID: 23811 LENGTH (MILES): 0.15 ------------------------------------------------------------------------------------- The specifications consist of the Standard Specifications for Highway and Bridge Construction, Series 2001 of the Iowa Department of Transportation plus the following Supplemental Specifications, Special Provisions, and addendums: DBE--2005, DBE-050621, FHWA-1273.02, GS-OI008, IA03-1.2A, SP-016134, SP-016135, SS-01014, SS-01027, ADDENDUMS: 21JUNI03.AOl Contractor, for and in considerations of $ 88 0 , 0 0 0 . 00 payable as set forth in the specifications constituting a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders. Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contrac- tor has complied with Iowa Code Section 4S2A.17(8) as amended, if applicable, and Iowa Code Section 91C.S (Public Registration Number), if applicable. In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and accor- ding to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the specifications. I t is further understood and agreed that the above work shall also be commenced or completed in accordance with Page IB of this Contract and assigned Proposal Notes. Time is of the essence for this contract. To accomplish the purpose herein expressed, Contracting authority and Contractor have signed this and one other identical instrument as of the day of B ~I tW C. VltA- ~ CULS By1~1iL V? ~-4~/~ Con ctor FB96 (Form 650019) 11-99 Page: lB Letting Date: June 21, 2005 Contract 10: 31-2100-635 Bid Order No.: 103 I t is further understood and agreed that the above work shall be commenced or completed in accordance with the following schedule: SITE NUMBER CONTRACT PERIOD WORKING LIQUIDATED DAYS DAMAGES 01 APPROXIMATE 08/22/2005 10 TO DEMOLISH HOUSE AND REMOVE SIGNAL POLES AT MIDWAY MOTEL $750.00 02 APPROXIMATE 10/03/2005 80 TO COMPLETE CONSTRUCTION OF ITEMS NOT COVERED IN SITE 01 $750.00 CONTRACT NOTES ***SITE 01*** The house address is 2792 University. See tabulation for salvage, removage and disposal of obstructions on sheet C.12. Remove existing traffic signal equipment at the Midway Motel entrance intersection. ***SITE 02*** All roadways including shoulders need to be open to traffic during winter shutdown. .. CONTRACT SCHEDULE OF PRICES Page: 2 ******************************************************************************** Vendor No. : Contract ID No. : Primary Work Type: Primary County: H0640 31-2100-635 PCC PAVEMENT - NEW DUBUQUE Bid Order No. : Letting Date: 103 June 21, 2005 10: 00 A.M. -------------------------------------------------------------------------------- I Line I No I Item Number Item Description -------------------------------------------------------------------------------- SECTION 0001 ROADWAY ITEMS Item Quantity and Unit I Unit Price I Bid Amount 1----------------1-------------- I Dollars 1 Cts I Dollars ICts -------------------------------------------------------------------------------- 5,040.00 12101-0850001 CLEARING 0010 lAND GRUBBING I I I I ACRE I 0.5601 I I 9,000.000001 I -------------------------------------------------------------------------------- 12102-2710070 EXCAVATION, I 0020 ICLASS 10, ROADWAY AND I I BORROW ICY I 8,464.0001 I I 9.200001 I 77,868.80 -------------------------------------------------------------------------------- 12105-8425005 TOPSOIL, 0030 IFURNISH AND SPREAD I I I ICY 1 1,838.0001 I I 11.500001 I 21,137.00 -------------------------------------------------------------------------------- 12109-8225100 SPECIAL 0040 ICOMPACTION OF SUBGRADE I I I ISTA I 9.0001 1 I 100.000001 I 900.00 -------------------------------------------------------------------------------- 12115-0100000 MODIFIED 0050 ISUBBASE I I 1 ICY I 1,788.0001 I I 26.500001 I 47,382.00 -------------------------------------------------------------------------------- 12121-7425010 GRANULAR 0060 I SHOULDERS, TYPE A I I I I TON I 132.0001 I I 17.750001 I 2,343.00 -------------------------------------------------------------------------------- 12122-5500100 PAVED I 0070 I SHOULDER, HOT MIX I I ASPHALT MIXTURE, 10 IN. I SY 1 1 I 126.0001 1 I 1 30.000001 I 1 3,780.00 -------------------------------------------------------------------------------- 12123-7450020 SHOULDER 0080 I FINISHING, EARTH I I I ISTA I 27.3001 I I 100.000001 1 2,730.00 -------------------------------------------------------------------------------- 12301-1033100 STANDARD OR 1 0090 ISLIP FORM PORTLAND 1 I CEMENT CONCRETE PAVEMENT, I SY ICLASS C, CLASS 3 I 1 DURABILITY, 10 IN. I I 4,741. 000 I 1 I I 1 35.550001 I I I 168,542.55 -------------------------------------------------------------------------------- 12301-4874006 MEDIAN, I 0100 IDOWELLED P.C. CONCRETE, I I AS PER PLAN I SY 1 161.0001 I 1 45.000001 I 7,245.00 -------------------------------------------------------------------------------- CONTRACT SCHEDULE OF PRICES Page: 3 ******************************************************************************** Vendor No. : Contract ID No. : Primary Work Type: Primary County: H0640 31-2100-635 PCC PAVEMENT - NEW DUBUQUE I Line I No 1 Item Number Item Description 12301-6911722 PORTLAND I 0110 I CEMENT CONCRETE PAVEMENT I LUMP I SAMPLES I 12303-0041750 HOT MIX 0120 IASPHALT MIXTURE (3,000, I 000 ESAL), BASE COURSE, 13/4 IN. MIX 12303-0042500 HOT MIX 0130 IASPHALT MIXTURE (3,000, 1000 ESAL), INTERMEDIATE I COURSE, 1/2 IN. MIX 12303-0043503 HOT MIX 0140 IASPHALT MIXTURE (3,000, 1000 ESAL), SURFACE I COURSE, 1/2 IN. MIX, IFRICTION L-3 12303-0247028 ASPHALT 0150 I BINDER, PG 70-28 I 12303-3400000 ADJUSTMENT 0160 10F FIXTURES I I 1 I TON I I 1 1 TON I I I I TON I I I I I TON I I lEACH 12303-6911000 HOT MIX I 0170 IASPHALT PAVEMENT SAMPLES I LUMP I I 12303-9093010 HOT MIX 0180 IASPHALT, DRI~Y I 12304-0100000 DETOUR 0190 IPAVEMENT I 12401-6750001 REMOVALS, 0200 IAS PER PLAN I I I ISY I I ISY I 1 LUMP I Bid Order No. : Letting Date: 103 June 21, 2005 10: 00 A.M. Item Quantity and Unit I Unit Price I Bid Amount 1----------------1-------------- I Do11ars 1 Cts I Do11ars ICts I I LUMP I I 526.0001 1 I I 161.0001 I I I 120.0001 I I I I 49.0001 1 I 1. 000 I I I I LUMP I I 489.0001 I I 195.0001 I I I LUMP I I 33.500001 I I I 37.600001 I I I 37.600001 I I I I 271.000001 1 1 250.000001 1 I 12.250001 I I 31.000001 I 500.00 17,621. 00 6,053.60 4,512.00 13,279.00 250.00 750.00 5,990.25 6,045.00 2,400.00 CONTRACT SCHEDULE OF PRICES Page: 4 ******************************************************************************** Vendor No. : Contract ID No. : Primary Work Type: Primary County: H0640 31-2100-635 PCC PAVEMENT - NEW DUBUQUE Bid Order No. : Letting Date: 103 June 21, 2005 10:00 A.M. -------------------------------------------------------------------------------- I Line 1 No 1 Item Number Item Description -------------------------------------------------------------------------------- 12402-0425031 GRANULAR 0210 I BACKFILL 1 1 I I TON Item Quantity and Unit I Unit Price 1 Bid Amount 1----------------1-------------- I Dollars I Cts I Dollars ICts 1 1,094.0001 I I 10.000001 1 10,940.00 -------------------------------------------------------------------------------- 12416-0100024 APRONS, 0220 I CONCRETE, 24 IN. DIA. I 1 1 lEACH I 1. 000 I I I 950.000001 I 950.00 -------------------------------------------------------------------------------- 12502-8212014 SUBDRAIN, 1 0230 I LONGITUDINAL, 4 IN. DIA. 1 I ILF 1 2,161.0001 I I 5.000001 I 10,805.00 -------------------------------------------------------------------------------- 12502-8220193 SUBDRAIN 0240 10UTLET (RF-19C) I I I lEACH I 16.0001 1 I 50.000001 I 800.00 -------------------------------------------------------------------------------- 12502-8220196 SUBDRAIN 0250 I OUTLET, RF-19E 1 I I lEACH I 3.0001 I I 100.000001 I 300.00 -------------------------------------------------------------------------------- 12503-4470400 INTAKE, 0260 IRA-40 I 1 I lEACH I 1. 000 I I I 2,240.000001 I 2,240.00 -------------------------------------------------------------------------------- 12503-4470430 INTAKE, 0270 IRA-43 1 1 1 lEACH 12503-7181036 REMOVE I 0280 ISTORM SEWER PIPE LESS I ITHAN OR EQUAL TO 36 IN. ILF 1 I 12503-7325012 SEWER PIPE, 1 0290 12000D STORM, 12 IN. DIA. 1 1 ILF 12503-7325015 SEWER PIPE, 1 0300 12000D STORM, 15 IN. DIA. 1 1 ILF 12503-7325018 SEWER PIPE, I 0310 12000D STORM, 18 IN. DIA. I I ILF 1 2.0001 I 1 60.0001 1 I I 55.0001 I I 47.0001 I I 239.0001 1 I 4,300.000001 I I 14.000001 1 1 I 24.500001 I I 25.000001 I I 25.500001 1 8,600.00 840.00 1,347.50 1,175.00 6,094.50 CONTRACT SCHEDULE OF PRICES Page: 5 ******************************************************************************** Vendor No. : Contract ID No.: Primary Work Type: Primary County: H0640 31-2100-635 PCC PAVEMENT - NEW DUBUQUE I Line 1 No 1 Item Number Item Description 12503-7325024 SEWER PIPE, I 0320 12000D STORM, 24 IN. DIA. I I ILF 12505-4008100 REMOVAL OF I 0330 IGUARDRAIL I I ILF 12505-4008200 0340 IINSTALLATION OF I GUARDRAIL I 1 ILF 12505-4020229 GUARDRAIL, 0350 I END ANCHORAGE, CABLE, IRE-29A I I lEACH 12507-3250005 ENGINEERING 1 0360 IFABRIC I I ISY 12507-8029000 EROSION 0370 ISTONE I I I I TON 12510-6745850 REMOVAL OF I 0380 IPAVEMENT I 1 ISY 12511-6745900 REMOVAL OF I 0390 ISID~ 1 I ISY 12511-7526004 SID~, P.I 0400 IC. CONCRETE, 4 IN. I I ISY 12511-7526006 SID~, P.I 0410 IC. CONCRETE, 6 IN. I I ISY 12511-7528100 DETECTABLE I 0420 IWARNINGS FOR CURB RAMPS I I ISF Bid Order No. : Letting Date: 103 June 21, 2005 10:00 A.M. Item Quantity and Unit I Unit Price I Bid Amount 1----------------1-------------- I Dollars I Cts I Dollars ICts I 846.0001 I 1 29.800001 1 I 128.0001 I I 3.300001 I 1 349.1001 I I 12.000001 I 1 2.0001 I 1 1,250.000001 I I 15.0001 I I 3.000001 1 I 15.0001 I I 22.000001 1 I 2,266.0001 1 1 5.050001 I I 143.0001 I I 8.000001 I I 181.0001 1 I 36.000001 I I 8.0001 I I 50.000001 I I 16.0001 I I 40.000001 I 25,210.80 422.40 4,189.20 2,500.00 45.00 330.00 11,443.30 1,144.00 6,516.00 400.00 640.00 ~ CONTRACT SCHEDULE OF PRICES Page: 6 ******************************************************************************** Vendor No. : Contract ID No. : Primary Work Type: Primary County: H0640 31-2100-635 PCC PAVEMENT - NEW DUBUQUE Bid Order No. : Letting Date: 103 June 21, 2005 10: 00 A.M. -------------------------------------------------------------------------------- I Line 1 No 1 Item Number Item Description -------------------------------------------------------------------------------- 525.00 12512-1725206 CURB AND I 0430 I GUTTER, P.C. CONCRETE, 2.1 10 FT. ILF Item Quantity and Unit 1 Unit Price I Bid Amount 1----------------1-------------- 1 Dollars I Cts I Dollars ICts I 21. 000 I I 1 25.000001 I -------------------------------------------------------------------------------- 12512-1725256 CURB AND 1 0440 1 GUTTER, P.C. CONCRETE, 2.1 15 FT. ILF I 61. 0001 1 I 27.000001 I 1,647.00 -------------------------------------------------------------------------------- 12512-1725306 CURB AND 1 0450 1 GUTTER, P.C. CONCRETE, 3.1 10 FT. ILF I 1,028.0001 1 I 13.500001 1 13,878.00 -------------------------------------------------------------------------------- 12515-2475006 DRI~Y, P.I 0460 IC. CONCRETE, 6 IN. I 1 ISY I 196.0001 1 1 36.000001 I 7,056.00 -------------------------------------------------------------------------------- 12515-6745600 REMO~ OF I 0470 IPAVED DRI~Y I 1 ISY 1 443.0001 I 1 5.050001 I 2,237.15 -------------------------------------------------------------------------------- 12518-6910000 SAFETY 0480 ICLOSURE 1 I 1 lEACH I 5.0001 I I 220.000001 1 1,100.00 -------------------------------------------------------------------------------- 12520-3350015 FIELD 0490 IOFFICE I 1 1 lEACH 1 1. 000 I I I 1,000.000001 1 1,000.00 -------------------------------------------------------------------------------- 12524-9275100 WOOD POSTS I 0500 IFOR TYPE A OR B SIGNS, 4 1 IIN. X 4 IN. ILF I 154.0001 1 I 8.000001 I 1,232.00 -------------------------------------------------------------------------------- 12524-9275222 WOOD POSTS I 0510 IFOR TYPE A OR B SIGNS, 4 1 IIN. X 6 IN. ILF I 28.0001 1 1 9.000001 1 252.00 -------------------------------------------------------------------------------- 12524-9325001 TYPE A 0520 1 SIGNS, SHEET ALUMINUM 1 1 1 ISF I 84.7501 1 I 22.000001 1 1,864.50 -------------------------------------------------------------------------------- 12525-0000100 TRAFFIC 0530 ISIGNALlZATION I 1 1 LUMP 1 1 1 LUMP 1 115,000.00 -------------------------------------------------------------------------------- CONTRACT SCHEDULE OF PRICES Page: 7 ******************************************************************************** Vendor No. : Contract ID No. : Primary Work Type: Primary County: H0640 31-2100-635 PCC PAVEMENT - NEW DUBUQUE I Line 1 No 1 Item Number Item Description 12527-9263117 PAINTED 0540 IPAVEMENT MARKINGS, I DURABLE 12527-9263130 REMOVABLE 0550 ITAPE MARKINGS I 12527-9263143 PAINTED 0560 1 SYMBOLS AND LEGENDS, 1 DURABLE 12527-9263180 PAVEMENT 0570 IMARKINGS REMOVED I 12528-8445110 TRAFFIC 0580 ICONTROL I 12528-8445112 FLAGGERS 0590 1 1 12533-4980005 0600 IMOBILlZATION I 12535-2000440 MODULAR 0610 IBLOCK RETAINING ~ I Bid Order No. : Letting Date: 103 June 21, 2005 10:00 A.M. Item Quantity and Unit 1 Unit Price I Bid Amount 1----------------1-------------- 1 Dollars 1 Cts 1 Dollars ICts I 1 ISTA 1 1 ISTA I 1 lEACH I I ISTA I I LUMP I I I I DAY 1 1 LUMP 1 1 1 ISF 12538-6970010 SALVAGE, I 0620 I REMOVAL, AND DISPOSAL OF ILUMP 1 OBSTRUCTIONS I 12598-3380010 FIRE 0630 IHYDRANT ASSEMBLIES 1 12598-3778008 GATE ~VE 0640 lAND VALVE BOX, 8 IN. I I I lEACH I I lEACH I 62.3601 I I 112.2701 I 1 25.0001 1 I 13.4801 I I 1 LUMP 1 1 10.0001 I I 1 LUMP I 1 185.5001 1 I 1 LUMP I I 1. 0001 I I 4.0001 1 1 173.000001 I I 110.000001 I I 250.000001 I 1 50.000001 1 I 245.000001 I I 26.000001 I 1 2,503.000001 1 1 930.000001 1 10,788.28 12,349.70 6,250.00 674.00 23,500.00 2,450.00 80,000.00 4,823.00 15,482.22 2,503.00 3,720.00 . .. ,j CONTRACT SCHEDULE OF PRICES Page: 8 ******************************************************************************** Vendor No. : Contract ID No. : Primary Work Type: Primary County: H0640 31-2100-635 PCC PAVEMENT - NEW DUBUQUE Bid Order No. : Letting Date: 103 June 21, 2005 10:00 A.M. -------------------------------------------------------------------------------- I Line I No I Item Number Item Description -------------------------------------------------------------------------------- 3,560.00 12598-3778012 GATE VALVE 0650 lAND VALVE BOX, 12 IN. I I I lEACH Item Quantity and Unit I Unit Price I Bid Amount 1----------------1-------------- I Dollars 1 Cts I Dollars ICts I 2.0001 I I 1,780.000001 I -------------------------------------------------------------------------------- 12598-8805608 ~TER MAIN, I 0660 IDUCTlLE IRON, 8 IN. I I ILF I 592.0001 I I 32.500001 I 19,240.00 -------------------------------------------------------------------------------- 12598-8810200 ~TER MAIN I 0670 IFITTINGS I I ILB I 1,265.0001 I I 3.250001 I 4,111.25 -------------------------------------------------------------------------------- 12599-9999005 ('EACH' 0680 lITEM) INTAKE, 101B I I I lEACH 1 3.0001 I I 1,350.000001 I 4,050.00 -------------------------------------------------------------------------------- 12599-9999005 ('EACH' 0690 lITEM) INTAKE, 101B 1 SPECIAL I I lEACH 1 2.0001 1 I 1,900.000001 I 3,800.00 -------------------------------------------------------------------------------- 12599-9999005 ('EACH' 0700 lITEM) INTAKE, 104B I I I lEACH I 4.0001 I I 2,470.000001 I 9,880.00 -------------------------------------------------------------------------------- 12599-9999009 ('LINEAR 0710 I FEET , ITEM) BORING AND I ISTEEL CASING PIPE, 18 IN.ILF IDIA. (.025 IN. ~ 1 I THICKNESS) I I 111.0001 I I I 1 175.000001 I 1 I 19,425.00 -------------------------------------------------------------------------------- 12601-2634100 MULCHING 0720 I I I 1 I ACRE I 0.7801 I 1 350.000001 I 273.00 -------------------------------------------------------------------------------- 12601-2636044 SEEDING AND 1 0730 IFERTILIZING (URBAN) I I I ACRE I 1. 500 I 1 I 1,650.000001 I 2,475.00 -------------------------------------------------------------------------------- 12601-2638351 SLOPE 0740 IPROTECTION, WOOD IEXCELSIOR MAT (RC-14) I I 1 ISQ I I 308.0001 I 1 I 14.000001 I I 4,312.00 -------------------------------------------------------------------------------- 12601-2639010 SODDING 0750 I 1 I I ISQ I 84.0001 1 I 45.000001 I 3,780.00 -------------------------------------------------------------------------------- CONTRACT SCHEDULE OF PRICES Page: 9 ******************************************************************************** Vendor No. : Contract ID No. : Primary Work Type: Primary County: H0640 31-2100-635 PCC PAVEMENT - NEW DUBUQUE Bid Order No. : Letting Date: 103 June 21, 2005 10: 00 A.M. -------------------------------------------------------------------------------- I Line 1 No I Item Number Item Description Item Quantity and Unit I Unit Price 1 Bid Amount 1----------------1-------------- I Dollars I Cts I Dollars ICts -------------------------------------------------------------------------------- 12601-2643110 ~TERING 0760 IFOR SOD, SPECIAL DITCH I CONTROL, OR SLOPE I PROTECTION I I IMGAL I I 175.0001 I I I 12.000001 1 I 2,100.00 -------------------------------------------------------------------------------- 12602-0000020 SILT FENCE I 0770 1 I I ILF I 1,120.0001 I I 2.000001 I 2,240.00 -------------------------------------------------------------------------------- 12602-0000060 REMOVAL OF I 0780 ISILT FENCE I I ILF 12602-0000090 CLEAN-OUT 0790 IOF SILT FENCE 1 I I ILF ITOTAL BID I 1,120.0001 I I 0.500001 I 560.00 I 1,120.0001 1 I 0.500001 I 560.00 880,000.00 . ~ -t The applicable General Supplemental Specification (GS) includes changes that require prime contractors to submit the subcontract request and approval form electronically on software furnished by the Department. That software is unavailable at this time. Therefore, until further notice, continue to submit paper subcontract request forms as you have in the past. copies to: Prime contractors; County Engineers; and Cities which had projects in the June 21, 2005 letting. The applicable General Supplemental Specification (GS) includes changes that require prime contractors to submit the subcontract request and approval form electronically on software furnished by the Department. That software is unavailable at this time. Therefore, until further notice, continue to submit paper subcontract request forms as you have in the past. copies to: Prime contractors; County Engineers; and Cities which had projects in the June 21, 2005 letting. ~.. , . . -. CITY OF DUBUQUE, IOWA Bond No. 2055186 PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Top Grade Excavating, Inc. as Principal (Contractor) and rt>rth Areri can Specialty Insurance Canpany as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $386,446.60 the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Des Moines Dated at I>>~, Iowa, this 1st day of August , 2005, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated 2005, incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the Synergy Court DICW - Street and Utilities Construction Project (the Project) according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the Project, and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price which the City is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and .~ conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two (2) year(s) from the date of acceptance of the work under the Contract by the City Council of the City of Dubuque, Iowa, by reason of defects in workmanship or materials used in construction of said work; B. To keep all work in continuous good repair; and C. To pay the City the reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the City all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation'shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. The Contract, Contractor's Proposal, and Construction Documents shall be considered as a part of this Bond just as if their terms were repeated herein. Des Moines Dated at ~~ Iowa this 1st day of August , 2005. ... CITY OF DUBUQUE, IOWA, By: _~ILJ(}V~~ City Manager PRINCIPAL: Top Grade Excavating, Inc. Contractor By: SURETY: North American Specialty Insurance Company ~ure Company By: Signa Bri an M. Deimerly Attorney-in-fact Title P.O. Box 9207, Des Moines, IA 50306-9207 City, State, Zip Code 515-223-6800 Telephone Brian M. Deimerly Attorney In-Fact ~ POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE RIDER Coverage for acts of terrorism as defined in S 102(1) of the Terrorism Risk Insurance Act of 2002 ("the Act") is already included in this surety bond. You should know that, effective November 26, 2002, under your existing coverage, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your annual premium that is attributable to coverage for acts of terrorism is ~ As your insurance/surety company we are sending you this notice to comply with the Terrorism Risk Insurance Act of 2002. For questions regarding this notice please visit our website www.nassuretv.com or you may call our office at 630- 227- 4825. REV: 4/03 agent notice NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City ofItasca, Illinois, each does hereby make, constitute and appoint: JANET ALESSIO, JAY D. FREIERMUTH, CRAIG E. HANSEN, MARTHA LA THRUM, DIANNE S. RILEY and BRIAN M. DEIMERL Y JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature 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." ~\\\\I\\IIII11"",," 4 · "" $~~~~~ 1/tt:2 4 ~?~\ __I: a :.f SEAL <"'\.~o~- By I~ CORPORATE ~ ~ i. :;:;: i!' . m = Steven P. Anderson, President & Chief Executive Officer of Washington International Insurance Company & : 5~EA L (') - =a \>>. ~.~ 1973 fill ;: Vice President of North American Specialty Insurance Company ': _ ~ E ~~'~~It. ~.. \~\. M/Zl*l ~$ ~~~..".~... .~ ~ ~;:~ .-" "tfl' ~/!J ON. ,..-~ ~ ~'''-* ,....,.... 1/J'",nlln\\"\~ BY. . # .................. David M. Layman, Vice President of WaShington IntematJonallnsurance 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 22nd day of June , 20~. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page ss: On this 22ndday of June , 20~, before me, a Notary Public personally appeared Steven P. Anderson , President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman , 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. "OFFICIAL SEAL" SUSAN ANsa Notary P~lt, Stale of If~ MyCommlnion Elq)ite& 116i.!OO8 : .,. 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. /~ / t~ Susan Ansel, Notary Public IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 1st day of Augus t 2005 '-' ~y}-~~ James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company ~u "" , ,- CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the day of , 2005, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Top Grade Excavating, Inc. of the City of Epworth, Iowa. For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the Synergy Court DICW - Street and Utilities Construction Project (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross sections on file in the City Engineer's office for this Project; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5%) of the Contract price shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the specifications including General Requirements and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before November 15, 2005. 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property (other than the Project itself) including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. THE CITY AGREES: Upon the completion of the Contract, and the acceptance of the Project by the City Council, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the plans and specifications is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT AMOUNT $386,446.60 . ., . FURTHER CONDITIONS The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby it has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $750 (Seven-Hundred-Fifty-Dollars) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Iowa Code 9 573.6, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. CITY OF DUBUQUE, IOWA By 'twWlVeut City Manager PRINCIPAL: ~~ra~~~ L'l.w..a-hj TrY.- By: --r~ ~~ ~gnature' I~. Title CERTIFICATE OF CITY CLERK This is to ~ertify that a ce . ied cop office on the Y ZU day of " '2'4~,t/f~4L- anne F. Schneider, CMC, City Clerk of the above Contract has been filed in my ,2005.