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)