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.
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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.
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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
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<$> !~!.~~~~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.
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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
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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
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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.