Bonds/Contracts Rosedale, Nowata
. '.
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 Portzen Construction, Inc. of the City of Dubuque, 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
Rosedale Avenue Reconstruction 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 the
following: Phase I - November 23, 2005; and Phase II - July 28, 2006.
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 $1,468,984.70
. ;.
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 $750.00 (Seven Hundred Fifty and 00/100 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.
PRINCIPAL:
Portzen Construction. Inc.
contract~or .
BY:~ ~
ign re '0'"
Corporate Secretary
Title
."
CERTIFICATE OF CITY CLERK
This is to certify that a certifie~py of the above Contract has been filed
office on theC:7C? ,.,r-A<-- day of t:" (-f;l~ , 2005.
'..../.
. I
--. . '-
anne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction,
Inc. as Principal (Contractor) and United Fire & Casualty Co. as
Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal
sum of $1,468,984.70 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
and duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated day of
, 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 Rosedale Avenue Reconstruction Project (the
Project) according to the Contract and Construction Documents prepared
therefore.
day of
,2005,
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.
Dated at Dubuque, Iowa this 18th
day of August
,2005.
CITY OF DUBUpU. E. ' 10. WrL..f
(1,1 ) [/ 11,' J
By: i Lh.../l ~vl,/ I\, I__
citY Manager
PRINCIPAL:
Portzen Construction, Inc.
By:~~
Corporate Secretary
Title
SURETY:
United Fire & Casualty Co.
s~ Company .
By: ~.. A-. t::Id>-J~
Signature
Attorney-in-Fact
Title
Dubuque,U\ 52004-1810
City, State, Zip Code
(563) 556-5441
T~lePhone
(2 . ~L(b
Attorney In-
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'ONITeDfme;&C~UA4TYCQMP~V ..'
H9ME OfFICe~eEDARRAPID$. IOWA>',,)
CERTtFIEbcopv OF POWER cW ATTORNEY
(Original on file at Home Office of Company - See Certification)
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un~r tiJe ~ ofth,e .~, oftoWa;' ~nd haviJl9its prinQip~1 offi~.l!'l Cedar,Rapids, $;ta~oflowaidoes tnal<e, ponstlMe~nd appojnt
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duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby
,~~~1';.;r~~~",,"US:.~shall ~.'n 'nlUlI&,tce tnii""rf'"W'r'k/!d ~~~t$O,~ &,"
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fro~tlme t~lI.me. appoint by written certificates attorneys-in-fact to ad in behalf of the CompliIny in theexecuti9119f.~olici.~l!~t
J(In~uilince,.bOiid~luild~ngs and other obligatory Instruments of like nature. The signature of$lV qfficer authc)riz:~her~t>Y,'
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e1theratithorized hfilfeby; Such signature and ~l!Il, when so used, being adopted by the Comp"ny,as:th~o"i9irtal sig~t!;l'r~pf .
'.JJ!?,h,offj,~t"nd:thebrigil1.I' seal of the Company, to be valid and binding upon the Company With~6'SalT1e(orm.alm'8!fect'$s:H
';'~n!'9gh,marty~~y a~~, ,$tlCh attorneys-in fact, subject to the limitations set forth in their resp~rv~certiflcat" of,IflW10~r
~hlilltiave f1Jf1 powertobhld the Company by their signature and execution of any such instrumehts and to atlachtl'le seal or
the Company thereto. The President or any Vice President, the Board of Directors or any other officer of the Company may at
..arY timet~ke altp9;'!er-itnd authority previously given to any attorney-in-fact. .. ..... . ^". .
, iN WtTN&.:SS WHEREOF, the UNITED FIRE & CASUAlTY COMPANY has caused these presentsw be signed ~y
~ II> vice .p,....... on<! "s corporate sea' to be hereto...... this Uth oay 0< FObr",,,,y, 2005 .
'am I '^ UNITED FIRE & CASUALTY C~MPANY :
.~~;;;~~ ",*-,ri~,~! By ~ Cf. ~.. VlCeP_"".
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. ACQRD~' CERTIFICATE OF LIABILITY INSURANCE CSR DH I DATE (MM/DDIYYYY)
PORTZ-1 08/18/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TRICOR, Inc. - Dubuque HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 1810, 500 Iowa Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dubuque IA 52004-1810
Phone: 563-556-5441 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: West Bend Mutual Ins. Co 15350
INSURER B:
Portzen Construction Inc INSURER c:
MarS Kar
PO ox 426 INSURER D
Dubuque IA 52004-1426
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
NSRi POLICY NUMBER t>O[/~~ "r!:.."~J~E I P2LL~Y EXPIRA.';!,.~N LIMITS
LTR TYPE OF INSURANCE DATE MM/DDNY DATE' (MM/DDNY
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
- UAMAL;t'lU """ I "U
A X X COMMERCIAL GENERAL LIABILITY CPI 0616716 02 12/31/04 12/31/05 PREMISES (Ea occurence) $200,000
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $10,000
PERSONAL & ADV INJURY $1,000,000
-
GENERAL AGGREGATE $2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000
"I [Xl PRO- n
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000
-
A X ANY AUTO CPI 0616716 02 12/31/04 12/31/05 (Ea accident)
~
ALL OWNED AUTOS BODILY INJURY
f-- $
SCHEDULED AUTOS (Per person)
f--
HIRED AUTOS BODILY INJURY
f-- $
NON-OWNED AUTOS (Per aCCident)
-
'-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EAACCIDENT $
==l ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $10,000,000
A ~ OCCUR D CLAIMS MADE CPI 0598796 02 12/31/04 12/31/05 AGGREGATE $10,000,000
$
~ DEDUCTIBLE $
X RETENTION $ WAIVED $
WORKERS COMPENSATION AND IT~~yS~~l-fls I IUJ~-
A EMPLOYERS' LIABILITY WCI 0598787-02 12/31/04 12/31/05 $ 500000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE $ 500000
If yes, describe under E,L DISEASE - POLICY LIMIT $ 500000
SPECIAL PROVISIONS below
OTHER
A Installation CPI 0616716 02 12/31/04 12/31/05 250,000
Equipment
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
The City of Dubuque is listed as an additional insured on General Liability
as per form WB1482 attached. per Project Aggregate applies per form CG2503
attached. Gen. Liab. is primary & non-contributing. Government Immunities
Endorsement attached. Waiver of Subrogation Work Compo form attached.
Project: Rosedale Reconstruction Project
CERTIFICATE HOLDER
CANCELLATION
CITYDBQ
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL
MAIL 30
DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, '
Ci ty of Dubuque
50 W. 13th St.
Dubuque IA 52001
Keith M. Sin
RATION 1988
AUTHORIZED REPRESENTA
ACORD 25 (2001/08)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - CONTRACTOR'S BLANKET
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended
to include as an additional insured any person or
organization whom you are required to add as an
additional insured on this policy under a written
contract or written agreement.
The written contract or written agreement must
be:
1. Currently in effect or becoming effective dur-
ing the term of this policy; and
2. Executed prior to the "bodily injury," "property
damage," "personal injury" or "advertising in-
jury."
B. The insurance provided to the additional insured
is limited as follows:
1. That person or organization is only an addi-
tional insured with respect to liability for "bod-
ily injury", "property damage" or "personal and
advertising injury" caused, in whole or in part,
by:
a. Your acts or omissions; or
b. The acts or omissions of those acting on
your behalf:
in the performance of your ongoing operations
for the additional insured(s). There is no cov-
erage for the additional insured for "bodily in-
jury", "property damage" or "personal and ad-
vertising injury" arising out of the sole
negligence of the additional insured or by
those acting on behalf of the additional in-
sured.
2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations for this policy, whichever is less.
These Limits of Insurance are inclusive and
not in addition to the Limits of Insurance
shown in the Declarations.
3. Except when required by written contract or
written agreement, the coverage provided to
the additional insured by this endorsement
does not apply to:
a. "Bodily injury" or "property damage" occur-
ring after:
(1) All work on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured at the site of the covered
operations has been completed; or
(2) That portion of "your work" out of which
the injury or damage arises has been
put to its intended use by any person or
organization other than another con-
tractor or subcontractor engaged in
performing operations for a principal as
part of the same project.
b. "Bodily injury" or "property damage" arising
out of acts or omissions of the additional
insured other than in connection with the
general supervision of "your work."
4. The insurance provided to the additional in-
sured does not apply to "bodily injury," "prop-
erty damage," "personal injury," or "advertis-
ing injury" arising out of an architect's,
engineer's, or surveyor's rendering of or fail-
ure to render any professional services in-
cluding;
a. The preparing, approving, or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; and
b. Supervisory, or inspection activities per-
formed as part of any related architectural
or engineering activities.
WB 14820505
West Bend Mutual Insurance Company
West Bend, Wisconsin 53095
Page 1 of 2
T- --
I
C. As respects the coverage provided under this
endorsement, Paragraph 4.b. SECTION IV -
COMMERCIAL GENERAL LIABILITY CONDI-
TIONS is amended with the addition of the fol-
lowing:
4. Other insurance
b. Excess insurance
This insurance is excess over:
Any other valid and collectible insurance
available to the additional insured whether
primary, excess, contingent or on any
other basis unless a written contract spe-
cifically requires that this insurance be ei-
ther primary or primary and noncontribut-
ing. Where required by written contract,
we will consider any other insurance
maintained by the additional insured for
injury or damage covered by this en-
dorsement to be excess and noncontrib-
uting with this insurance.
When this insurance is excess, as a con-
dition of coverage, the additional insured
shall be obligated to tender the defense
and indemnity of every claim or suit to all
other insurers that may provide coverage
to the additional insured, whether on a
contingent, excess or primary basis.
Page 2 of 2
West Bend Mutual Insurance Company
West Bend, Wisconsin 53095
WB 1482 05 05
.
.
.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
DESIGNATED CONSTRUCTION PROJECTS:
YOUR PROJECTS AWAY FROM PREMISES OWNED BY OR RENTED TO YOU.
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Coverage A (Section I), and for
all medical expenses caused by accidents un-
der Coverage C (Section I), which can be attri-
buted only to ongoing operations at a single
designated construction project shown In the
Schedule above:
1. A separate Designated Construction
Project General Aggregate Limit applies to
each designated construction project, and
that limit is equal to the amount of the
General Aggregate Limit shown in the
Declarations.
2. The Designated Construction Project Gen-
eral Aggregate Limit is the most we will pay
for the sum of all damages under Coverage
A, except damages because of "bodily in-
JUry" or "property damage" Included in the
"products-completed operations hazard",
and for medical expenses under Coverage
C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making
claims or bringing "suits",
3.
Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate
limit for that designated construction
project. Such payments shall not reduce
the General Aggregate Limit shown in the
Declarations nor shall they reduce any
other Designated Construction Project
General Aggregate limit for any other des-
ignated construction project shown in the
Schedule above.
The limits shown in the Declarations for
Each Occurrence, Fire Damage and Med-
Ical Expenses continue to apply. However,
instead of being subject to the General Ag-
gregate Limit shown in the Declarations,
such limits will be subject to the applicable
Designated Construction Project General
Aggregate Limit.
4.
(If no entry appears above. information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
CG 25 03 03 97
Copyright. insurance Services Office. lnc.. 1996
Page 1 of 2
.
.
.
CP1061671602
103
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WBlOO A
CHANGE ENDORSEMENT
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THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. NONWAIVER OF GOVERNMENTAL IMMUNITY. THE INSURANCE CARRIER EXPRESSLY AGREES
AND STATES THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF
DUBUQUE, IOWA AS AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF
GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY OF DUBUQUE, IOWA UNDER CODE OF IOWA
SECTION 670.4 AS IT IS NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME.
2. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF
INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF GOVERN-
MENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT
MAY BE AMENDED FROM TIME TO TIME. THOSE CLAIMS NOT SUBJECT TO CODE OF IOWA
SECTION 670.4 SHALL BE COVERED BY THE TERMS AND CONDITIONS OF THIS INSURANCE
POLICY.
3. ASSERTION OF GOVERNMENTAL IMMUNITY. THE CITY OF DUBUQUE. IOWA SHALL BE
RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY, AND MAY DO SO
AT ANY TIME AND SHALL DO SO UPON THE TIMELY WRITTEN REQUEST OF THE INSURANCE
CARRIER.
4. NON-DENIAL OF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE UNDER
THIS POLICY AND THE INSURANCE CARRIER SHALL NOT DENY ANY OF THE RIGHTS AND
BENEFITS ACCRUING TO THE CITY OF DUBUQUE, IOWA UNDER THIS POLICY FOR REASONS OF
GOVERNMENTAL IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS
RULED IN FAVOR OF THE DEFENSECS) OF GOVERNMENTAL IMMUNITY ASSERTED BY THE CITY
OF DUBUQUE, IOWA.
NO OTHER CHANGE IN POLICY. THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES
SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY.
WB 100 06 88
West Bend Mutual Insurance Company
West Bend, Wisconsin 53095
.
.
.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
we 00 0' 11 (Ed 04 84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
HY-VEE WEITZ CONSTRUCTION, LC
CITY OF DUBUQUE
CARL A NELSON & COMPANY
TRICON CONSTRUCTION & FINLEY HOSPITAL
This endorsement changes the policy to which it is attached and 1$ effective on the date issued unless otherwise stated.
(The information below is required only when this endorsement is issued subsequent to preparation of the policy.)
Endorsement Effective
Insured
Policy No.
Endorsement No.
Premium $
Insurance Company
Countersigned by
we 00 03 1 3 (04 84)
Copyright 1983, National Council on Compensation Insurance, Inc.
Page 1 of 1
4 .
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That McDermott Excavating as
Principal (Contractor) and Merchants Bonding Company (Mutual) as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $337,082.33 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 23rd
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated y/~ day of
August ,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 Nowata Street Reconstruction Project (the Project) according to the
Contract and Construction Documents prepared therefore.
day of August
, 2005, and
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.
Dated at Dubuque, Iowa this 23rd day of
August
,2005.
..
CITY OF DUBtUE. IO"Yt
By: (l1w L{~j)2 \ ~^"--
CitY Manager
PRINCIPAL:
McDermott Excavating
Contractor
By ~ ~tpL2
Signature
s~/",~ki-
Title
SURETY:
Attorney-In-Fact
Title
Dubuque, IA 52001
City, State, Zip Code
563-583-5775
Telephone
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Attorney In-Fact
eMu tual)
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Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY Bond No.
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
J. Allen Wallis III, Fred 1. Kunnert, Jerry L. Price
of Dubuque and State of Iowa its true and lawful Attorney-in-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
THREE MILLION ($3,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 1st day of January, 2003.
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STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
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President
On this 1st day of January, 2003, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the
Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf
of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first
above written.
~ CINDY SMYTH
,10 0:nnis6ia1 Nnber 1'739)4
. . 1II\'0:nnis6ia1 ElcPres
hI> March 16, 2006
STATE OF IOWA
COUNTY OF POLK ss.
P::l.-!:t-
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by Siiid MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 23 day of Augus t.. 2005
MSC 0814 (2/03)
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CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (t e Contract), made in triplicate, dated for
reference purposes the _3"/~ day of , 2005, between the City of
Dubuque, Iowa, by its City Manager, through hority conferred upon the City Manager
by its City Council (City) and McDermott Excavating of the City of Dubuque, 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
Nowata Street Reconstruction 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 23, 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 $337,082.33
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 Seven Hundred Fifty and 00/100 Dollars ($750.00) 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.
PRINCIPAL:
J'J1 E 4uIHotf Ex Cd Vii. f-,'''::!J
Contractor
By dd &JL
Signature
S~1'"i" f~.,#
Title
CERTIFICATE OF CITY CLERK
This is to certify that a~ of the ab.ove Contract has been filed in my
office on the .:3~ day of ,20 5.
~ -------
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eanne F. Schneider, CMC, City Clerk