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Improvement Contract_Klauer Mfg., Library Painting 2012 ProjectCITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the ?AII day of July, 2012, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Klauer Construction Company 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 Carnegie -Stout Public Library Painting 2012 Project (the Project). The Project shall be constructed 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. 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 Tess than $200.00 (Two Hundred Dollars) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Iowa Code § 573.6, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. CITY OF DUBUQ L IOWA na er By City M g the PRINCIPAL: B Title CERTIFICATE OF CITY CLERK is to certifythat a certified copy of the above Contract has been filed in my office on Kevin Firnst 5 "ity Clerk day of .(a'�lj / , 2012. Bond No. MCN 2121840 CONTRACT FORM 4 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: Klauer Development Corp. dba Klauer Construction company as Principal (Contractor) and Old Republic Surety Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $ 98 940.00 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 5th day of July, 2012, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated this 2nd day of July, 2012, 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 Carnegie -Stout Public Library Painting 2012 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, n. Cod of Iowa, which by this reference is made a part hereof as though fully set out 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 from the date of ad acceptance of Contract hok within nder the Contract (2) y Council of the date of acceptan 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 of Contractor's and Surety's failure all any defect as incurred as a result required by this section. Contractor's and Surety's agreement herein a eit extends to such defects in workmanship or materials not discovered or known to y 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 to complete said for any outlay of money which it may Documents and w II mainta n in to repair said Contract according to the Construction for Project for the period specified in the rof the provishons of Section 1573 oft e maintenance, and will faithfully comply ith all 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 5th day of July , 2012. CITY OF DUBUQU , IOWA By: City Manager PRINCIPAL: Klauer Development Corp. dba Klauer Construction Com an Contrac By: Sig r ature pfLt.-5 6"fr- Title SURETY: By: Old Republic Surety_Cmpany_ -. --- Suret fompany Signature Connie Smith Attorne :in -Fact Title Hudson, WI 54016 _ City, State, Zip Code 800 - 535 -0006 Telephone Connie Smith Attorney In -Fact *...:-„OLD-REPUBLIC • _ _ SURETY COMPANY - - POWER OF ATTORNEY - • . KNOW ALL MEN BY THESE PREBBKIT'S: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation '"-does make, constitute and appoint MICHAEL J. DOUGLAS, CHRIS M. STEINAGEL, CHRISTOPHER MATHER KEMP,4ZOBERT S DOWNEY, CONNIE SMITH, OF HUDSON, WI its true and lawful Attorney(s)-in-Fact, with full power and authority, not exceeding $20,000,000, for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other mitten obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENT:IN AN AMOUNT NOT TO EXCEED AN AGGREGATE :OF , ....,„ FIVE,.-MILLIONDOLLARS4$5000400) ---: — FOR ANY SINGLE - .-, _ . _ , ..,. OBLIGATION, :::REGARDLESS :OF:i.::,TO NUMBER OF INSTRUMENTS ISSUED .,,, FOR THE OBTJIOATION and to bind OLD REPUBLIC SURETY COMPANW thereby ;- and ,all of the acts of said Attorneys-in -Fact pursuant to these presents ; are ratified ana confirmed. This document is not'Validi: unless printed 0k:colored background and is multi-colored. This appointment is made under and by authority of the board of directors at a special meeting held on February 18;:1982,:This Power of Attorney is signecrandiSealed •:;„ by facsimile under and by the authority of the following resolutions :adopted by the board"Of directors of the OLD REPUBLIC SO.RETY COMPANY on February 18, 1982. ,::. .- RESOLVED that, the president, any vice-presideht„or assistant vice president in conjunction with the secretary or any aSSistant secretary, may appoint attorneys-in-fact or agents With authority as defined or limited ;in.,,,the instrument evidencing the appointment in each case for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recog- nizaribes,. and suretyship obligations of all kinds; and said officers may remove eny stfCh atto-rney-in-fact or agent and revoke any Power of Attorney previously..granted to such person. RESQLVED FUFM-IER,that any bond, undertaking, recognizance, or suretyship obligatiOnShall bevalid and binding Upon-the Company (i) when signed by the preSidentrany vice president or assistant vice president and attested andseeledfif a seal be required) by any secretaryor assistant seeretary; or ,:;::,•: (ii) when signed by the preSident, any vice president or assistant vice president secretary or assistant SOCretary, and countersigned and sealed (if a seal be required) by a duly aUthdrizedettorney-in7fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more OgrneyS-in-fact or agents pursuant to and Within the knits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHERthat the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and dekiery of any bond, undertaking, recognizance, or other suretyship obligations -:of the compa*and such signature and seal when so used shall have the same force and effect as though manually affixed. „ . IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its • 5 • . • corporate seal to be affixed this 5TH day of JANUARY, 2012. Assistant Sebretary .„,.. „ . STATE OF WISQONSIN, COUNTY OF:WAUKESHA - SS . : • • SEAL OLD REPUBLIC SURETY COMPANY r..._ President - . . • f JANUARY. 2 al 2 :: personally came before me, GERALD C; LEACH On this STH—dav and RICK ki:ijOrink..AN owe known to be tne.iiidiviauais and officers of the OLD REPUBLIC :SURETY COMPANY who exeOUted::the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say; that they are said officers of the corporation aforesaid,. and that the seal affixed to the above instrument is the seal of the corpOfation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authorilOV-: the board of-direOtorS Of said corporation. FICATE I, the undersigned, assistant secretary of,the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation,OERTIFYthat the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the ;board of directors set forth in the Power of Attcirney, are now inforce. Signed' and sealed at the City of Brookfield, WI this day of % ; SEAL -to \ J. RYAN BONitellkl" INC. 1:0,7,40TARy\C4k Nrotairblic ( — Pew° .41; MY-..00mmItsionexpires: 12 /02/2 12 2 4 - 5 172 Assistant Secretary THIS DOCUMENT HAS A COLORED BACKGROUND AND IS MULTI-COLORED ON THE FACE. THE COMPANY LOGO APPEARS ON THE BACK OF THIS DOCUMENT AS A WATERMARK. IF THESE FEATURES ARE ABSENT, THIS DOCUMENT IS VOID. ORSC 22262 (3/10)