Contracts & Bonds Approval
~
t
..
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 25th day of August, 2005, between the City of Dubuque, Iowa,
by its City Manager, through authority conferred upon the City Manager by its City
Council (City) and Tricon General Construction 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
Third Street Overpass Decorative Railing 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
December 2,2005.
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 $254,792.80
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.
PRINCIPAL:
~fLlwtJ Gf)J<ijML. QaJsr~TiOAJ
Contractor
By:
Signature
PP- ESt lJtJJT
Title
..
CERTIFICATE OF CITY CLERK
This is to ceJ1X that a certified
in my office on the AtV'. da f
f the above Contract has been filed
,2005.
~/.. .
anne F. Schneider, CMC, City Clerk
;: Bond No. 2057222
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Tricon General Construction
. . ) North American Specialty S t
as Pnnclpal (Contractor and Tn1';l1rrmr.p r.()mp;:my as ure yare
held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of
$254,792.80 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 13th day of September
duly attested and sealed.
, 2005, and
WHEREAS, the said Contractor by a Contract dated August 25, 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 Third
Street Overpass Decorative Railing 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.
Dated at Dubuque, Iowa this 13th day of September
,2005.
By:
PRINCIPAL:
~WA.l G fJ.)'f./).../tG c.D1JS~TruJ
"~ontracto~
~-
/ I
By: '
. at e
-PiL rs If) f.,Pi
Title
SURETY:
North American Specialty
Insurance Company
sure~ny
By: I /~ ~..::::,::>
Signature
Thomas O. Chambers
Attorney-in-Fact
Title
Racine, WI 53406
City, State, Zip Code
262-884-6590
Telephone
Thomas o. Chambers
Attorney In-Fact
NAS SURETY GROUP
'NORTII AMERICAN SPECIALTY rnSURANCE COMPANY
-. W AS:Hll'IGTON INTERNATIONAL rnSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and eXistingmder
laws of the State of New Hampshire, and having its principal office in the City of Mancbester, New Hampshire, and Washington International
Insurance Company, a corporation orgai:Jized and existing under the laws of the State of Arizona and having its principal office in ilie City of1t~ca,
Illinois, each does hereby malee, constitute and appoint:
THOMAS O. CHAMBERS, TODD SCHAAP and KIMBERLY S. RASCH
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 bebalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or perrni~d by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceedlhe
amount of: I
TEN MlLLION (lO,OOO,OOO.OO) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boarik of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called andheld
on the 24'" of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice Presiden!, 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 narned 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 \0
attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTIIER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney OTlo any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate beariDg 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.'
~~\\~~1111~ C /l '\ ~/ ,.,lo~~Wi4l'~",,,,
#2~.:'D.pru;"~G-~ ~ 0 ~~o/~J't-:;;''':.
~ 'i:I...cp.-_......J':..~~ . S';:;-L..._...___~ --;.
Sf3f (<'-'- ~~ By ,,"". CORi'ORATE\ (">0
~ Q i SEAL ! 0 ~ P.uI D. Amstutz, President &. Chid becutivr Officer ofWasbiDtlOD JDtenationallDSDnDce Compaay &. e g \' SEA l i ~~
-ct: -rn- -0 19-
S UI '..~ 1973 ro.1 0 ~ Vice f'rltSidCDt of North AmmaD Spedalty IDSUnDu Compaay ~ ~ log
~~-!? ~~. 0 ~ t74a- ~~;--..::A1!Illllll ~-i
~ -8__-.Jt''''MPs~..~~ "':J;. . ,_~,:
~-'.(&~_....._<~l>'~ .. ..... y,.>'
~Il ON. ).)'~~~ ",,> * i.'\'
7//IIIJllIU\U\\\: By "",,,,.,....,p."
Sleven P. ADdeBDa, ExltC1ltive Ykc P~dCDt ofWasbinrtOD JulunationalJDSUnlDU Compao)' &.
V1cc PresideDI of North AmrricaD Specialty Insuraocc COmpaD}
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Iosuranee Company have causelltheir
official seals to be hereunto"affixed., and these presents to be signed by their authorized officers this ~day of April . 2D~,
North American Specialty Insurance Company
.Washington International Insurance Company
State of Dlinois
County ofDu Page
ss:
00 this ~ day of April, 20 ~ before me, a Notary Public personally appeared Paul D. Ams~tz . President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Executive Vice President ofWashiogton Internationallnsurance 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,
....~=~
JtO;!MYI'1*JC--"7JQ'E.(:I1l.1.RK)I$
"!f~~.~~
~ cZ-zY'~
Yasmin A. Patel, Notary Public
I, James A_ Carpenter . the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and ~OITect copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington Internationallnsuraoce Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies thisll day of Septembe;rLo 0 5 _
~y}-/5~
James A. c.rpaJla'. Vice Prc:sideot &:.AssistaDl ~ ofWashingtoD hlerllationaJ lnsun.ncc Company &:.
,...;..... S=wy ol'Nonh AmcriaD SpeciollY Insunmcc Company
..
.
- .
. .
. .
STATE OF WISCONSIN )
)
COUNTY OF KEN OSHA )
ON THIS 13th day of September, 2005, before me, a notary public,
within and for said County and State, personally appeared Thomas O. Chambers to me
personally known, who being duly sworn, upon oath did say that he is the Attorney-in-Fact of
and for the NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation of
NEW HAMPSHIRE, created, organized and existing under and by virtue of the laws of the
State of NEW HAMPSHIRE; that the corporate seal affixed to the foregoing within instrument
is the seal of the said Company; that the seal was affixed and the said instrument was executed
by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that
he executed the said instrument as the free act and deed of said Company.
j
... .
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 25th day of August, 2005, between the City of Dubuque, Iowa,
by its City Manager, through authority conferred upon the City Manager by its City
Council (City) and Tricon General Construction 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 Port
of Dubuque Recognition Wall 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
December 2, 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 $148,000.00
.. .
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 $750 (Seven-Hundred-Fifty-Dollars) as liquidated damages to the City.
The surety on the bond furnished for this Contract, shall in addition to all other
provisions, be obligated to the extent provided for by Iowa Code 9 573.6, relating to this
Contract, which provisions apply to said bond.
The Contractor agrees, and its bond shall be surety therefore, that it will keep
and maintain the Project in good repair for a period of two years after acceptance of the
same by the City Council and its bond shall be security therefore.
CITY 7f1U,B, ~l~E, IIOW~l
By (~jl LV", 1Lt!)
ctity Manager
PRINCIPAL:
-rR./WIJ GfJJflML. CotJsrf2.U.CJl1J IJ
Contractor
By: ($~
"..~^"
PI22.5llJt JJT
Title
CERTIFICATE OF CITY CLERK
This is to certify that a ~ied copy of the above Contract has been filed in my
office on the/9'~ day of - " ,2005.
Jeanne F. Schneider, CMC, City Clerk
'Bond No. 2057223
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THhESE PRESENTS: That (Insert Contractors Name) as
. . Nort Amerlcan' Speclalty d
PrIncipal (Contractor) and Insurance Company as Surety are hel
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $148,000.00 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 13th day of September
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated 25th 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 Port of
Dubuque Recognition Wall Project (the Project) according to the Contract and
Construction Documents prepared therefore.
, 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 13th day of September
,2005.
CITY OF D~.. UQ~E/ lOW... A.. I.:?'
. PI \/ "1tb/l
By: ~ I, I ..A /!1 / . -. -
Cityl anager
PRINCIPAL:
-j1(.jeoJJ Sw~ CD~ID;J
Contractor
BY:~
-Pt?.E5I1> v.n-
Title
SURETY:
North American Specialty
Insurance Company
By: sure7~d~) _----=~-c.
Signature
Thomas O. CHambers
Attorney-in-Fact
Title
Racine, WI 53406
City, State, Zip Code
262-884-6590
Telephone
Thomas o. Chambers
Attorney In-Fact
~~,~.~ti"~~~~'"'~~~5~*,1m'~;;;~3ffN"I~~i<>''iR-2i""~r''',,;ZB'l&,~~,,,'j':'!Zi:ii!t,(?1!i~;;bt~;",f"'i:";?;""~7:i~~~~_;f;.~~~B":,t;$?'i'i'1';%~
NAS SURETY GROUP
NORTH ANBuCAN SPECIALTY INSURANCE COMPANY
W ASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL 1vffiN BY 11-lESE PRESENTS, TIlAT North American Specialty Insurance Company, a corporation duly organized and eXistingmder
laws of the State of New Hampshire, and having its principal office in !be City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and eXisting under the laws of !be State of Arizona and having its principal office in the City oflllsca,
TIlinois, each does hereby make, constitute and appoint: .
THOMAS O. CHAMBERS, TODD SCHAAP and KJ}...ffiERL Y S. RASCH
j olntly 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 pennired by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceedlbe
!
amount of: TEN Mll-LION (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 Boarm of
Directors of both North American SpecialtY Insurance Company and Washington International Insurance Company at meetings duly called andheld
on the 2411> of March, 2000:
"RESOLVED, that any two of the President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretaq 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 givenpower
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
RJRTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney 0110 any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bea:ri.:Dg such facsimile signatures or facsimile seal shallk
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.'
A'? J ~ "'.u......"
;:J;;: ,4/ . :-4'~~~~'\01L4l ;;;"~
~ - . -5~<;;';'--"""'(, '-,,-
By f""l . oo':rl~1
"au! D. Amstutz,. President & Chid Exe:cutive Officer ofWasblngtoD IDtUl1::al:un:aallDSllT1lDce Compllln)' &. ;!; ,CORrE t"l i ""'i
Viu '''n:sidtnt of North AnJeriOD Specialty lnSIlJ1ulee Compau)' ;. -::c. S II. 1 g:-
''>~ AlllZDIll /iI>.
ti4a- ~ ~ /,l(i~
<, ~ ~i'
. """)>,,,,.,,,,~...,,...,,~..,,,,
:\\\\\\\\1I11I11/III/.
;;.~' C>i'Un- I "'~
#' g~..p.P~~{..~
~ 3;"'--CP ~..1;,%
iOaf SEAL ,"t'~
~ii:~ ~~~
"%~\.~ 1973 ,;'!t1J
~~.4- .....It'~...pS~...~ ~
~+..,f..>....._.:t"lb..~
~4qON. ~~~~~
lIJIIIIIIIU\\\\\~
By
Steven P. ADden.oa., hecutive Ykc: President ofWashinttoD lulerwltlooallosunloce Comp.aoy &.
V1cc r.-esidcol DC North AmericaD Spedalty Insunoce CompaD)'
IN WITNESS WHEREOF, North American Specialty Insurnnce Company and Washington International Insuranee Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officer.; this ~ day of' April ,2lI.22-.
North American Specialty Insurance Company
.Washington International Insurance Company
State oflllinois
County ofDu Page
ss:
On thi~ ~ day of April, 20~, before me, a Notary Public per.;onally appeared Paul D. Ams~tz , President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Executive Vice President of Washington InternatiooalInsurance 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 officer.; of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
'.OFFK:b.i. sEAt.
.....y~..P/'.=
~rueuc-..JT.an-OF ILl.Itf()IS
trrt~~,~~~
~ a-zj?~
Yasmin A. Patel, Notary Public
I, James A. Carpenter ,the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington Intemationallnsurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this ll. day of Septembe;Qo 0 5 .
~Yf~~
JmlCS A. CarpaJtcr. Vu:e Praidcol8L Assisunl Ses::rer:;,ry ofWashingtoD lDU:rnlltionallnsunncc Coupany It.
A.ssisInt S~ DrNonb American Specially lnsunDec Compoy
..
.. . . ..
STATE OF WISCONSIN )
)
COUNTY OF KENOSHA )
ON THIS 13th day of September, 2005, before me, a notary public,
within and for said County and State, personally appeared Thomas O. Chambers to me
personally known, who being duly sworn, upon oath did say that he is the Attorney-in-Fact of
and for the NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation of
NEW HAMPSHIRE, created, organized and existing under and by virtue of the laws of the
State of NEW HAMPSHIRE; that the corporate seal affixed to the foregoing within instrument
is the seal of the said Company; that the seal was affixed and the said instrument was executed
by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that
he executed the said instrument as the free act and deed of said Company.
".<'
..
WHKS & co.
470 Central Avenue
Dubuque, IA 52001-7024
Phone: 563-582-5481
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, by and between City of Dubuque, hereinafter referred to as the "Client" and
WHKS & Co., hereinafter referred to as "WHKS", is made as follows:
WHEREAS, the Client has a need for certain professional services relating to the project described
as:
Cedar Street Lift Station and Dog Track Lift Station Improvements
and,
WHEREAS, WHKS proposes to furnish the professional services required by the Client for said
project,
NOW THEREFORE, the Client hereby agrees to retain and compensate WHKS to perform the
professional services in accordance with the terms and conditions of this Agreement and the
attached General Provisions (See Exhibit A).
Scope of Services
WHKS shall perform the following described services for the Client:
See Exhibit B
Basis of Compensation
For the services described above, the Client shall remunerate WHKS as follows:
Not to Exceed Fee = $103,200.00
Executed this
~o
day of Jft ('( ~ ~ V--
,2005.
City of Dubuque
WHKS & co.
By:
~tJ L~;zk-
(
C c }~ ;vlAAG/V--
/
By: ~~ Zf2 )Ih
Title: Vice President
Title:
WHKS & co.
470 Central Avenue
Dubuque, IA 52001-7024
Phone: 563-582-5481
EXHIBIT A
RE: Dubuque, Iowa
Cedar Street Lift Station and Dog Track Lift Station Improvements
Engineering Services Proposal
WHKS & CO. General Provisions
c:/dept/o/wp/gen-prov.dbq
WHKS & co.
470 Central Avenue
Dubuque, IA 52001-7024
Phone: 563-582-5481
1 . Scope of Services
The Client and WHKS have agreed to
a list of services WHKS will provide to
the Client as listed on the Professional
Services Agreement Form.
2. Govemina Law
The laws of the State of Iowa will
govern the validity of this Agreement,
its interpretation and performance.
Any litigation arising in any way from
this Agreement shall be brought in the
courts of that State.
3. Standard of Care
Services provided by WHKS under
this Agreement shall be performed in
a manner consistent with that degree
of care and skill ordinarily exercised
by members of the same profession
currently practicing under similar
circumstances and in the same or a
similar locality.
4. InteQration
This Agreement comprises the final
and complete agreement between the
Client and WHKS. It supersedes all
prior communications,
representations, or agreements,
whether oral or written, relating to the
subject matter of this Agreement.
Execution of this Agreement signifies
that each party has read the
document thoroughly. Amendments
to this Agreement shall not be binding
unless made in writing and signed by
both the Client and WHKS.
5. Guarantees and Warranties
WHKS shall not be required to sign
any documents, no matter by whom
requested, that would result in WHKS
having to guarantee or warrant the
existence of conditions whose
existence WHKS cannot ascertain.
The Client also agrees not to make
resolution of any dispute with WHKS
or payment of any amount due to
WHKS in any way contingent upon
WHKS signing any such guarantee or
warranty.
6. Indemnification
WHKS agrees, to the fullest extent
permitted by law, to indemnify and
hold the Client harmless from any
damage, liability or cost (including
reasonable attorney's fees and costs
of defense) to the extent caused by
WHKS' negligent acts, errors or
omissions in the performance of
professional services under this
GENERAL PROVISIONS
FOR
PROFESSIONAL SERVICES AGREEMENTS
Agreement and those of its
subconsultants or anyone for whom
WHKS is legally liable.
The Client agrees, to the fullest extent
permitted by law, to indemnify and
hold WHKS harmless from any
damage, liability or cost (including
reasonable attorneys' fees and costs
of defense) to the extent caused by
the Client's negligent acts, errors or
omissions and those of his or her
contractors, subcontractors or
consultants or anyone for whom the
Client is legally liable, and arising from
the project that is the subject of this
Agreement.
7. BillinQ and Payment Provisions
Invoices shall be submitted by WHKS
monthly and are due upon
presentation and shall be considered
PAST DUE if not paid within thirty (30)
calendar days of the invoice date.
If payment is not received by WHKS
within thirty (30) calendar days of the
invoice date, the Client shall pay as
interest an additional charge of one
and one-quarter percent (1.25%) of
the PAST DUE amount per month.
Payment thereafter shall first be
applied to accrued interest and then to
the unpaid principal.
In the event legal action is necessary
to enforce the payment provisions of
this Agreement, each party shall be
entitled to collect from the other any
judgment or settlement sums due,
court costs, and expenses incurred in
connection therewith.
If the Client fails to make payments
within sixty (60) days from the date of
an invoice or otherwise is in breach of
this Agreement, WHKS may suspend
performance of services upon five (5)
calendar days' notice to the Client.
WHKS shall have no liability
whatsoever to the Client for any costs
or damages as a result of such
suspension caused by any breach of
this Agreement by the Client.
If the Client fails to make payment to
WHKS in accordance with the
payment terms herein, this shall
constitute a material breach of this
Agreement and shall be cause for
termination by WHKS.
Payment of invoices is in no case
subject to unilateral discounting or set-
offs by the Client, and payment is due
regardless of suspension or
termination of this Agreement by
either party.
8. Ownership of Records
All reports, plans, specifications, field
data and notes and other documents,
including all documents on electronic
media, prepared by WHKS as
instruments of service shall remain the
property of WHKS.
The Client shall be permitted to retain
copies, including reproducible copies,
of the plans and specifications for
information and reference in
connection with the Client's use of the
completed project. The plans and
specifications shall not be used by the
Client or by others on other similar
projects except by agreement in
writing by WHKS.
9. Delivery of Electronic Files
In accepting and utilizing any
drawings, reports and data on any
form of electronic media generated
and provided by WHKS, the Client
covenants and agrees that all such
electronic files are instruments of
service of WHKS, who shall be
deemed the author, and who shall
retain all rights under common and
statutory laws, and other rights,
including copyrights. The Client is
aware that differences may exist
between the electronic files delivered
and the respective construction
documents due to addenda, change
orders or other revisions. In the event
of a conflict between the signed
construction documents prepared by
WHKS and electronic files, the signed
construction documents shall govern.
The Client and WHKS agree that the
electronic files prepared by WHKS
shall conform to the current CADD
software in use by WHKS or to other
mutually agreeable CADD specifica-
tions defined in the Agreement. Any
changes to the CADD specifications
by either the Client or WHKS are
subject to review and acceptance by
the other party. Additional efforts by
WHKS made necessary by a change
to the CADD specifications or other
software shall be compensated for as
Additional Services.
The electronic files provided by WHKS
to the Client are submitted for an
acceptance period of 60 days. Any
defects the Client discovers during this
period will be reported to WHKS and
WHKS & co.
470 Central Avenue
Dubuque, IA 52001-7024
Phone: 563-582-5481
will be corrected as part of the Scope
of Services. Correction of defects
detected and reported after the
acceptance period will be
compensated for as Additional
Services.
The Client agrees not to reuse the
electronic files, in whole or in part, for
any purpose or project other than the
project that is the subject of this
Agreement. The Client agrees not to
transfer the electronic files to others
without the prior written consent of
WHKS. In addition, the Client agrees,
to the fullest extent permitted by law,
to indemnify and hold WHKS
harmless from any damage, liability or
cost, including reasonable attorney's
fees and costs of defense, arising
from any changes made by anyone
other than WHKS or from any reuse of
the electronic files without the prior
written consent of WHKS.
Under no circumstance shall delivery
of the electronic files for use by the
Client be deemed a sale by WHKS
and WHKS makes no warranties,
either express or implied, of
merchantability and fitness for any
particular purpose. In no event shall
WHKS be liable for any loss of profit
or any consequential damages.
10. ChanQed Conditions
The Client shall rely on the judgment
of WHKS as to the continued
adequacy of this agreement in light of
occurrences or discoveries that were
not originally contemplated by or
known to WHKS. Should WHKS call
for contract renegotiation, WHKS shall
identify the changed conditions
necessitating renegotiation and
WHKS and the Client shall promptly
and in good faith enter into
renegotiation of this Agreement. If
terms cannot be agreed to, the parties
agree that either party has the
absolute right to terminate this
Agreement.
11. Permits and Approvals
WHKS shall assist the Client in
applying for those permits and
approvals typically required by law for
projects similar to the one for which
WHKS services are being engaged.
This assistance consists of completing
and submitting forms as to the results
of certain work included in the Scope
of Services.
12. Suspension of Services
If the project is suspended for more
than thirty (30) calendar days in the
aggregate, WHKS shall be
compensated for services performed
and charges incurred prior to receipt
of notice to suspend and, upon
resumption, an equitable adjustment
in fees to accommodate the resulting
demobilization and remobilization
costs. In addition, there shall be an
equitable adjustment in the project
schedule based on the delay caused
by the suspension. If the project is
suspended for more than ninety (90)
calendar days in the aggregate,'
WHKS may, at its option, terminate
this Agreement upon giving notice in
writing to the Client.
13. Termination
Either the Client or WHKS may
terminate this Agreement at any time
with or without cause upon giving the
other party seven (7) calendar days
prior written notice. The Client shall
within thirty (30) calendar days of
termination pay WHKS for all services
rendered and all costs incurred up to
the date of termination, in accordance
with the compensation provisions of
the Agreement.
14. Unauthorized ChanQes
In the event the Client, the Client's
contractors or subcontractors or
anyone for whom the Client is legally
liable makes or permits to be made
any changes to any reports, plans,
specifications or other contract
documents prepared by WHKS
without obtaining WHKS' prior written
consent, the Client shall assume full
responsibility for the results of such
changes. Therefore, the Client agrees
to waive any claim against WHKS and
to release WHKS from any liability
arising directly or indirectly from such
changes.
15. Jobsite Safety
Neither the profeSSional activities of
WHKS nor the presence of WHKS or
its employees and subconsultants at a
construction site, shall relieve the
General Contractor and any other
entity of their obligations, duties and
responsibilities including, but not
limited to, construction means,
methods, sequence, techniques or
procedures necessary for performing,
superintending or coordinating all
G:IDept\3IPromolOubuQue Lift Stations 2004\PROP -23 Augu 2005 Lift Stationsdoc.doc
portions of the construction work in
accordance with the contract
documents and any health or safety
precautions required by any regulatory
agencies. WHKS and its personnel
have no authority to exercise any
control over any construction
contractor or other entity or their
employees in connection with their
work or any health or safety
precautions.
16. Additional Services
Services which are requested by the
Client or are required as part of the
Project, but are not included in the
Scope of Services, are considered
Additional Services.
WHKS will notify the Client in writing
when Additional Services will be
needed. WHKS will not perform
Additional Services which will result in
additional cost to the Client without
documented verbal or written authority
of the Client.
17. Dispute Resolution
In an effort to resolve any conflicts that
arise during the design or construction
of the project or following the
completion of the project, the Client
and WHKS agree that all disputes
between them relating to the
construction or interpretation of this
Agreement shall be submitted to
nonbinding mediation unless the
parties mutually agree otherwise.
18. Third Party Beneficiaries
Nothing contained in this Agreement
shall create a contractual relationship
with or a cause of action in favor of a
third party against either the Client or
WHKS. WHKS' services under this
Agreement are being performed solely
for the Client's benefit, and no other
entity shall have any claim against
WHKS because of this Agreement or
the performance or nonperformance
of services hereunder.
19. Extension of Protection
The Client agrees to extend any and
all liability limitations and
indemnifications provided by the
Client to WHKS officers and
employees.
WHKS agrees to extend any and all
liability limitations and indemnifications
provided by WHKS to Client's officers
and employees.
WHKS & co.
470 Central Avenue
Dubuque,IA 52001-7024
Phone: 563-582-5481
20. Timeliness of Performance
WHKS will perform the services
described in the Scope of Services
with due and reasonable diligence
consistent with sound professional
practices.
21. Delays
WHKS is not responsible for delays
caused by factors beyond WHKS'
reasonable control, including but not
limited to delays because of strikes,
lockouts, work slowdowns or
stoppages, accidents, acts of God,
failure of any governmental or other
regulatory. authority to act in a timely
manner, failure of the Client to furnish
timely information or approve or
disapprove of WHKS' services or work
product promptly, or delays caused by
faulty performance by the Client or by
contractors of any level. When such
delays beyond WHKS' reasonable
control occur, the Client agrees
WHKS is not responsible for
damages, nor shall WHKS be deemed
to be in default of this Agreement
during such period of delay.
22. Riaht to Retain Subconsultants
WHKS may use the services of
subconsultants at WHKS' expense
when, in the sole opinion of WHKS, it
is appropriate and customary to do so.
Such persons and entities include, but
are not limited to, aerial mapping
specialists, geotechnical consultants
and testing laboratories. WHKS' use
of other consultants for additional
services shall not be unreasonably
restricted by the client provided
WHKS notifies the Client in advance.
23. AssiQnment
Neither party to this Agreement shall
transfer, sublet or assign any rights
under or interest in this Agreement
(including but not limited to monies
that are due or monies that may be
due) without the prior written consent
of the other party.
24. Severability and Survival
Any provision of this Agreement later
held to be unenforceable for any
reasons shall be deemed void, and all
remaining provisions shall continue in
full force and effect.
25. Hazardous Materials
asbestos or hazardous or toxic
materials. In the event WHKS or any
other party encounters asbestos or
hazardous or toxic materials at the
jobsite, or should it become known in
any way that such materials may be
present at the jobsite or any adjacent
areas that may affect the performance
of WHKS services, WHKS may, at its
option and without liability for
consequential or any other damages,
suspend performance of services on
the project until the Client retains
appropriate specialist consultants(s) or
contractor(s) to identify, abate and/or
remove the asbestos or hazardous or
toxic materials, and warrant that the
jobsite is in full compliance with
applicable laws and regulations.
26. Insurance
WHKS shall provide insurance as set
forth in the attached Insurance
Schedule.
Revised 5/24/96
Revised 3/10/98
Revised 11/29/04
It is acknowledged by both parties that
WHKS' Scope of Services does not
include any services related to
G:IDept\3IPromoIDubuque Lift Stations 2004IPROP -23 Augu 2005 Lift Stationsdoc.doc
WHKS & co.
470 Central Avenue
Dubuque, IA 52001-7024
Phone: 563-582-5481
EXHIBIT B
RE: Dubuque, Iowa
Cedar Street Lift Station and Dog Track Lift Station Improvements
Engineering Services Proposal
SCOPE OF SERVICES to City of Dubuque
The City of Dubuque Water Pollution Control Department has selected the WHKS team to prepare the
design improvements to the Cedar Street Lift Station and the Dog Track Lift Station in the City of
Dubuque. The anticipated improvements to the Cedar Street Pump Station include a reduction in
pump size, a reduction in motor horsepower, if feasible, conversion of motors from 2300 volt to 480
volt, identification and detailing of rehabilitation needs, consideration of emergency power generation
and architectural treatment to enhance the appearance of the building. WHKS will utilize the final
report issued in February 2002 for the Cedar Street Lift Station as a starting point for the beginning of
the project.
The anticipated improvements to the Dog Track Lift Station will allow safe access to the pumps and
appurtenances, and install pumps suitable for current and future anticipated flow conditions.
The work is expected to include the following work items.
Design Phase
Letter Report
1. Hold a project kick-off meeting to establish goals and priorities for the project, City preferences,
confirm schedule and scope of services.
2. Perform a site investigation and collect and review available information (studies, maps, reports,
flow records, plans, etc.) relating to the project.
3. Update and review flow data from Cedar Street study to confirm design flows and pump sizing and
confirm pump selection.
4. Analyze flow data for Dog Track Pump Station, determine appropriate design flows and develop a
concept for the new Dog Track Pump Station configuration for new pumps and safe access.
5. Prepare a Letter Report to detail options for improvements at the Cedar Street Lift Station and the
Dog Track Lift Station. The letter report will include construction alternatives, an Engineer's
Opinion of Probable Construction Costs and recommendations.
Construction Document Preparation
1. Meet with City staff to review the letter report and contract documents. A maximum of three (3)
meetings has been assumed. Included in the meeting(s) will be a discussion of other technical
issues that need to be addressed as part of the project.
2. Prepare three (3) copies of draft pump station rehabilitation contract documents for City review
and six (6) copies of the final documents for permitting. Contract documents will consist of a
project manual containing contract items and technical specifications and a drawing set showing
the improvements that are required as part of the contract.
WHKS & co.
470 Central Avenue
Dubuque, IA 52001-7024
Phone: 563-582-5481
3. Obtain necessary permits required for construction other than building permit. Submit necessary
information to support permit applications, discuss and interact with regulatory agencies and issue
any revised contract documents changed as a result of regulatory review.
Bidding Phase
1. Provide construction contract documents to prospective bidders and area plan houses.
2. Attend a pre-bid meeting at Cedar Street and Dog Track pump station sites.
3. Answer bidder questions.
4. Prepare and issue addenda in response to bidder questions.
5. Attend bid opening.
6. Assist in evaluating bids
7. Assemble and process documents for contract award.
Construction Services
1. Administer the construction contract including review of pay applications with recommendation for
payment.
2. Review contractor submittals for general conformance and compliance with contract documents.
3. Interpret contract documents and prepare change orders.
4. Attend on-site progress meetings during construction to discuss project issues, schedule and
observe construction progress.
5. Provide construction observation services for the work.
6. Conduct a final observation of work for conformance to the contract documents.
7. Prepare record drawings showing changes made during construction.
8. Provide assistance during start-up.
ASSUMPTIONS AND LIMITATIONS
1. No land survey services will be required by the projects.
2. Construction staking fees are not included and are to be negotiated if the actual improvements
require staking.
3. Landscaping design is not included.
4. Progress meetings during construction have been estimated at 8 meetings, for a total 16 hours by
a Construction Technician. Meeting time beyond the hours estimated shall be considered Extra
Work.
5. Construction Observation staff hours have been estimated at 4 hours per day for a maximum of 45
days. Additional staff hours beyond this estimate shall be considered Extra Work.
G:\DeptI3IPromo\Dubuque Uft Stations 2004IPROP -23 Augu 2005 Uft Slationsdoc.doc
WHKS & co.
470 Central Avenue
Dubuque, IA 52001-7024
Phone: 563-582-5481
FEES
WHKS Ulstad Dolejs Total
Project Management $ 8,000 $ 2,000 $ 10,000
Letter Report to the
City $ 10,400 $ 2,500 $ 12,900
Construction Document
Preparation $ 23,400 $ 5,000 $ 12,000 $ 40,400
Bidding Phase $ 6,100 $ 1,000 $ 7,100
Construction Phase $ 20,300 $ 5,000 $ 25,300
Expenses $ 5,000 $ 2,500 $ 7,500
Totals $ 73,200 $ 5,000 $ 25,000 $ 103,200
The WHKS subconsultants are Steve Ulstad Architects and Dolejs Associates, Inc.
G:IDepl13lPromolDubuque Uft Slations 2004\PROP -23 Augu 2005 Uft Slalionsdoc.doc
WHKS & co.
470 Central Avenue
Dubuque. IA 52001-7024
Phone: 563-582-5481
EXHIBIT C
RE: Dubuque, Iowa
Cedar Street Lift Station and Dog Track Lift Station Improvements
Engineering Services Proposal
City of Dubuque Insurance Requirements, Schedule C
INSURANCE SCHEDULE C
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa. All insurers shall have a rating of A better in the current A.M. Best
Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day advance
notice of cancellation to the City of Dubuque, except for 10 day notice for non-
payment, if cancellation is prior to the expiration date. This endorsement supersedes
the standard cancellation statement on the Certificate of Insurance.
3. shall furnish a signed Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 6 below. Such Certificates
shall include copies of the following endorsements: .
a) Commercial General Liability policy is primary and non-contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunities Endorsement.
shall also be required to provide Certificates of Insurance
of all subcontractors and all sub-sub contractors who perform work or services
pursuant to the provisions of this contract. Said certificates shall meet the same
insurance requirements as required of
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. Contractor shall be required to carry the following minimum coveragellimits or
greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage limit (any.one occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
10f2
June 2005
INSURANCE SCHEDULE C (Continued)
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES TO THE
CITY OF DUBUQUE
This coverage shall be written on an occurrence form, not claims made form. All
deviations or exclusions from the standard ISO commercial general liability form CG
0001 or Business owners BP 0002 shall be clearly identified. Form CG 25 04 03 97
'Designated Location (s) General Aggregate Limit' shall be included.
Governmental Immunity endorsement identical or equivalent to form attached.
Additional Insured Requirement:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards. commissions and/or authorities and
their board members, employees and volunteers shall be named as an additional
insured on General Liability including "ongoing. operations" coverage equivalent
to ISO CG 20100704.
b) Automobile $1,000,000 combined sinQle limit.
c) WORKERS COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident
Each Employee Disease
Policy Limit Disease
$ 100,000
$ 100,000
$ 500.000
$1,000,000
d) PROFESSIONAL LIABILITY
e) UMBREllA/EXCESS LIABILITY *
.Coverage and/or limit of liability to be determined on a case-by-case basis by
Finance Director.
Completion Checklist
D Certificate of Liability Insurance (2 pages)
,0 Designated Location(s) General Aggregate Limit CG 25 04 03 97
D Additional Insured CG 20 100704
o Governmental Immunities Endorsement
20f2
June 2005
AC"
!'RQ!)uot:Il' '.
~~~ESS .
CITY. 'S:r1\TE ZIP COOE
. ..>.., .-." ., I . ., . "-:" 'n
.' . ..
. ,'. . .
I ""'." ". .' . ....',
I~~t~:~
I .. .
. ClTYOFOUBUQUE.
CtTY,HAll.' ..,
'" . .. . .
>OW.13IHSTREET
OUBUClOE., 'IA :S~,l
1'1',
. . '~:jitpi.itiMiY ,Qfq"€A80vE~Q POl./CIESBI!CANCE1.LEO!SeR:JIiE-lHe
';~~
.o.tJTtioRlZmRE~HrA'nvEc ..
ACOFtD 25 (2001108."
eAcORQ CORPORATION 111M
,iMPO'RTANT
:~1=~:l~;:,~~I~~~tL',IN'
. . - ....- - ." ...
~~rselt Ii. stat8l1Tlel'Jt
e~d6rn.e~~t(.s);
~::~!:~~:!~~~:~~:..:
h~~rin,1leQQt:~~efflent($}."
. ,.-.
~ ", - -' - '.- - . :." '... . ... .
,,;'~~:~~:~:S:f$Y
~~~a~.
. ~ :.;. "..'. ...: : .", : ~ . : . . . .. . . .. . .
..... . ~- ", ~>:'.: :-:' -::' ::::..
. . - .
... . .... .'....
. . - -..- .-- . ".-
~;~1I3"'" ';"'I~~"';;:':;I' \";.,
5; , ~. F: ' ., ~
~:-!~.~li.-
...N ," ..',
':."::';::':"::,.,'
'08'
.P.OLlCYNUM5E~:
. ".
COMMERCIAL GeN~LlJA;aIUTY
, C~25;04~.9t
. --.. -', - .
THISENOQR'S'$M.ENT CBANGES' TH~ POLICY.. PLEASEREAOJT 'CAReFULLY.
. . '. -..-
. ,- '-. . . .
',.. , .... - - . .
... ,. . .
~i~~'t~~k~~~~~I~~
." -...
. . . ,..
. -,. . '-'--'." .
oC()MMER-o.1AL&ENav..~ LiA6IUTYC",..., ','
-., . . . ~..~.;~~
/l;t~:>',s'
ThisendorsememcmdOifieslnsurance' providedHll '.
: . ,- . " ........-.. -.. -. . . - . - ': .,' ;;..,::~-"
ALLii.;tCA~to$
-(If n'~.~e~:~pP.e~ ab9ye,.rfirormatlon re-.:;uired to d9~P '~:>~;;i9d9rs~me~'wiILPeshOWnin theJ:)~I.a~tIQQs.
B$' gJ?:~~~~~~:~~ -tms~ ~Dt1oTSement) '.\: _:,'c,<.;',-:~~~i~:
. . '~.',,~,;?" -~. ..; . . .... '.
'>~i~.~~ii~r!Yi.~~~i:~~; . .. .. ... ...,
;"';~~'~~~""
-_'lhaCcle.signSted .'"'Ici~on.; -Stich. ~ - >,:! _'
,;
\Jnge,rPQVERAGeCr.egatt:1Je,ssof~~:.!14m- -Ge-oeran~gg'reg~e:OJnit..,. ., .. ..,'
bet-of:. H'..'. ", .... . ,', ,.
-
a. :lns,ureds; .
,...,._::,[;::i&;:~r.>:';.':j'I:-;':~ie~)i.::::'.I':.M..y;e.'-'''.N....<:..-
'1' ."., , '_'M' ,. -'-" ., '-'
,.:",::,,}:+'l~ ';;":'j ifd.,. ~:'('j . ,...'.., / ;, ',; ,> ;.'
.. . -.. .. ,'-'"
.:: ~<........_<>.-;...:..:..: '.' :'''>:;:'::.i!~<:J;;;:, ." . : ..::
CG2$04 Q397
Copyrigtrt.,lnsu~nce Services ,Office, Inc., 19&6 .,
Page 1 ofZtl
.r..I....~ '" A
. ",
POLley NUMBER:
COMME~CIALGENERAL;LIA~Jj,.irY .
.CG20'10'0:7'0.4 '.'
.T.HIS~SNO~,RS.€MfNTC~~\?ESIHE PQ,LJ~Y.PL'EA:S1E>RE~pJT CA.:ftE:FU:LLY~q
. ,.-
....... '1;." "E" .....'.$.'..\.5.. .. 'E" ........e...s..:. "O"-'R"
. ..... .. ... - .
-. . ......, .--.
'~f'c:,:;;::" ~.,""' '.- >,"
'.'E..-iR:' 'S' '.'0" ."N. ........O...".',R'...
~ --. ,'",.: ". - .
~ '..: " '. .
... .-. - -. .
. This:end9rs~rn.entfTlGdffies ihsLJran ce PrO'Il
COMMERCIAl GENERAL UASILlTY'- CCVERA(.3t::PA.~:r"..
....~.~....,.J.~..'tj'~ij~!I;~lrrJ~'.s
caU$~'lIl""hQIeOrlnpart.bY: . . .H-->.... ......'<. .... ..,
-'"'.."
-,
.ttl;j~;~an(j:tQer~nttclctor .. pr' stIbconn::.CtQI' ~.O-:
ga9'~'in(pedQmliligOperations 'fQr.l principal'. .
.' a$;a"parfofthe::same.projecl
~
CG 20 10 0704
C ISO Properties. Inc.. 2004
Page 1 of 1
o
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 Coveraoe. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental 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 Government Immunity. The City of Dubuque, Iowa shall be responsible
for asserting any defense of governmental immunity, ahd may do so at any time and
shall do so upon the timely written request of the insurance carrier.
4. Non-Denial of Coveraoe. 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
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Chanoe in Policv. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
1 of 1
June 2005
/I
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 6th day of September, 2005, between the City of Dubuque,
Iowa, by its City Manager, through authority conferred upon the City Manager by its City
Council (City) and Geisler Brothers Company, 340 East 12th Street, 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 Five
Flags Center HVAC, Phase II 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 Documents all of which provisions and documents are each and all
hereby made a part of this Contract just as much as if the detailed 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
December 1, 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 $116,850.00
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 $11,600 (Eleven Thousand Six 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 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:
,.. ,'s Iu- ~,.oi1<<.r.I C. "f~
Contractor
By: El 0-:....9 ~. /:\-..f2.-
Signature
PRf"! I,E"c/T
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified copy ,of the above Contract has been filed in my
. .,,---,. 6/;;'
office on the ,-;? #rj day of <~~'/~/m,cQ{(~/f_~/ , 2005.
~' ---- /---- / '})
.. :4A~/ ,r '/)/~y /./,' A ~~/
, eanne F. Schneider, CMC, City Clerk
L
CITY OF DUBUQUE, IOWA
SALES AND USE TAX EXEMPTION CERTIFICATE
The City of Dubuque, as a designated exempt entity awarding construction contracts
on or after January 1, 2003, may issue special exemption certificates to contractors and
subcontractors, allowing them to purchase, or withdraw from inventory, materials for the
contract free from sales tax pursuant to Iowa Code Sections: 422.42 (15) & (16), and
422.47 (5). This special exemption certificate may also allow a manufacturer of building
materials to consume materials in the performance of a construction contract without
owing tax on the fabricated cost of those materials. If the Jurisdiction, at its option,
decides to utilize this exemption option, it will so state by special provision and
publication in the Notice of Hearing and Letting.
1. Upon award of contract, the Jurisdiction will register the contract, Contractor, and
each subcontractor with the Iowa Department of Revenue and Finance; and
distribute tax exemption certificates and authorization letters to the Contractor
and each subcontractor duly approved by the Jurisdiction in accordance with
Section 1030, 1.10, B. These documents allow the Contractor and
subcontractors to purchase materials for the contract free from sales tax. The
Contractor and subcontractors may make copies of the tax exemption certificate
and provide a copy to each supplier providing construction material. These tax
exemption certificates and authorization letters are applicable only for the work
under the contract.
2. At the time the Contractor requests permission to sublet in accordance with said
Section 1030, 1.10, B, the Contractor shall provide a listing to the Jurisdiction
identifying all subcontractors, including the Federal Employer Identification
Number (FEIN) for the Contractor and all subcontractors, as well as the name,
address, telephone number, and a representative of the organization which will
perform the work, a description of the work to be sublet, and the associated cost.
3. The Contractor and each subcontractor shall comply with said Iowa Code Sales
Tax requirements, shall keep records identifying the materials and supplies
purchased and verify that the were used on the contract, and shall pay tax on
any materials purchased tax-free and not used on the contract.
SPECIAL PROVISIONS
An out-of-State contractor, before commencing a contract in excess of $5,000.00, shall,
pursuant to Iowa Code 91C.7(2), file a bond with the Division of Labor Services of the
Department of Employment Services. The Surety Bond shall be executed by a Surety
Company authorized to do business in the State of Iowa, and the bond shall be
continuous in nature until canceled by the Surety with not less than 30 days written
notice to the contractor and to the Division of Labor Services of the Department of
Employment Services indicating the Surety's desire to cancel the bond. The bond shall
be in the sum of the greater of the following amounts:
a. $1,000.00
b. 5% of the contract price
Release of the bond shall be conditioned upon the payment of all taxes, including
contributions due under the unemployment compensation insurance system, penalties,
interest, and related fees, which may accrue to the State of Iowa or its subdivision on
account of the execution and performance of the contract. If any time during the term of
the bond the Department of Revenue and Finance determines that the amount of the
bond is not sufficient to cover the tax liabilities accruing to the State of Iowa or its
subdivision, the Department will require the bond to be increased by an amount the
Department deems sufficient to cover the tax liabilities accrued and to accrue under the
contract, as provided under Iowa Code 91C.7(2).
If it is determined that this subsection may cause denial of Federal Funds which would
otherwise be available, or would otherwise be inconsistent with requirements of Federal
law, this section shall be suspended, but only the extent necessary to prevent denial of
the funds or to eliminate the inconsistency with Federal requirements.
. "'f
lAC 54800
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Geisler Brothers Company as
Principal (Contractor) and Merchants Bonding Company as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $116,850.00 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 \3
duly attested and sealed.
day of Ser'fC!;MW
, 2005, and
WHEREAS, the said Contractor by a Contract dated September 6, 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 Five Flags
Center HVAC, Phase " (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.
Dated at Dubuque, Iowa this
\3
day of Ser-fc-"" kr
,2005.
CITY OF trrrC: IOWA IL
By. } U ,~V\r~~,
Cfty Manager
PRINCIPAL:
Geisler Brothers Company
Contractor
By: ~c-.S ~n. 0
Signature
P~'~IC6~\
Title
SURETY:
By:
Merchants Bonding Company
Surety Company
-1/ '\" I~"
(~,--"-"-t,=-) b~b.-~{KJ\.
Signature
Attorney-In-Fact
Title
Dubuque, IA 52004
City, State, Zip Code
563-587 -5313
Telephone
Kelly J. Esser
Attorney In-Fact
- .
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
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
Richard V. McKay, John J. Ottavi, Mark K. Fitzjerrells, Luca A. DeVecchi, Kelly J. Esser, Brandy Runde,
Joseph Broderick
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 1 st day of September, 2004.
........
.. ,,,G CO..
.. ~~..,.. -. ..~...;..
..~..~ \\PO II-i'."-s...
: ~:'~ ~".;.c.:
:~:- -0- 0:--
. ~". 1933 :~:
. ..... . <:::'.
.0,,:,".,. .~.
. "'L;' .j.C::-.
.. :,,-iif' -..... '\:\",:..
.. 1:l .
.......
STATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
By ~ 7~
Pres
On this 1st day of September, 2004, 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.
fjj... CINDY SMYTH
. '1 Commission Number 173504
My Commission Expires
March 16, 2006
STATE OF IOWA
COUNTY OF POLK ss.
&'1~
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this day of
POA 0001 (9/04)
.......
.. ,,,G Co..
.. ~~., -.... ..'41"';.
..~.,~ \\PO II:';..";..
. . " ?'..... '. ;..L .
.~:~ f'f\'.
:~:- -0- 0:-.
. ~". 1933 :~:
....~. .<:::'.
.-~. .~.
.. ~" ........C::-.
'.~iV'"'''' \"\,,:..
.. 1:l .
.......
p'~~~,
Secretary