Improvement Contract with Tom Kueter Construction_DICS Grading, UtilitiesCITY OF DUBUQUE, IOWA
DUBUQUE INDUSTRIAL CENTER SOUTH
GRADING AND UTILITIES 2012 PHASE I
REBID
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 16th 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
(Contractor).
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 Dubuque
Industrial Center South Grading and Utilities 2012 Phase I Rebid (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 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.
F -1
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 by November 1, 2013. In
addition to the final completion date, there is a milestone for completion of the subgrade for
the proposed roadway by July 1, 2013.
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 $2,325,159.85
FURTHER CONDITIONS
The Contractor hereby represents and guarantee 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 b(ddar, 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 indinact|y, 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 $200.00 (Two
Hundred Dollars) as Iiquidated damages to the City.
The surety on the bond furnished for this Contract shall, in addition to all other
provsinns, be obligated to the extent provided for by Iowa Code § 573.0, relating to this
Contract, which provisions apply to said bond
The Contractor agrees, and its bond shall be surety thorefone, that it will keep
and maintain the P ject in good repair for a period of two years after acceptance of the
same by the City Council and its bond shaH be security therefore,
CITY OF DUBUQUE)OWA
`
-�-
By
City Ma ' er
PRINCIPAL:
By:
Tom Kueter Construction Co, Inc.
Contractor:
./
Christopher Kueter
President
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified copy of the above Contract has been filed in my
office onthe ,� :day of ��z/e3.7. ^^ r .2v/ .
- -
��vr�^~ru
~``
BIDDER agrees to perform all the work described In the CONTRACT DOCUMENTS for the following unit prices or Indicated sums:
CITY OF DUBUQUE, IOWA
DUBUQUE INDUSTRIAL CENTER SOUTH
GRADING AND UTILITIES 2012 PHASE 1
REBID
BID SCHEDULE
EV /SED PER , DDENDUM O. 1
NOTE: Bids shall EXCLUDE safes tax and all other applicable taxes and fees
NO. DESCRIPTION
MISCELLANEOUS SITE DEMO
1 Mobilization R Miscellaneous
2 Traffic Control
3 Substructure Removal
4 Plug and Fill 18" RCP
6 Fence Removal and Disposal
6 Wei:Abandonment
7 Remove Septic Tanks
6
PCC - 9" Remove and Replace
9 Temporary Pavement Patch - 1" HMA on 12" Stone Base
10 Coordination for Work Around BP Petroleum Line
EROSION CONTROL
11 'Misc. Erosion Control
12 Seed ‘& Fertlize Slopes w/ Wild Flowers & Native Prairie Grass
13 Seed & Fertilize - Rural
14 Mulch
15 Seed & Fertilize - Temporary
16 Temporary Sedimentation Basin
17 Slit Fence
18 Slit Fence - Removal
19 Erosion Stone
20 Riprap - Energy Dissipaters
21 Engineering Fabrlc- Energy Dissipaters
22 Turf Reinforcement Mat
23 Rolled Erosion Control Product
24 Stone Check
25 Check Dam
26 Sediment Trap
27 Sediment Basin
28 Inlet Protection
29 Bench Outlet Erosion Stone
30 Diversion Berm - Minor
31 Diversion Berm -Major
32 Construction Exit
QUANTITY
1 LS
1 LS
1 LS
1 LS
1 LS
1 EA
1 LS
312 SY
1 LS
1 LS
BID FORM 1A
UNIT TOTAL
PRICE PRICE
$30,000.00 $30,000.00
$8,000,00 $6,000.00
$5,000.00 $5,000.00
$2,000.00 $2,000.00
$4,536.00 $4,636.00
$765.00 $755.00
$1,000.00 $1,000.00
$45.00 $14,040.00
$3,000,00 $3,000.00
$5,025.00 $5.025,00
1 LS $12,000.00 $12,000.00
22 AC $2,713.50 $59,697,00
87 AC $1,000,00 $87,000.00
212 AC $166.00 $32,860.00
109 AC $25.09 $2,725.00
4 EA $300.00 $1,200.00
1,510 LF .$1.00 $1,510.00
1,510 LF $0.10 $151.00
207 TON $17.00 $3,519.00
610 TON $17,60 $8,925.00
107 SY $2.00
$214.00
1,038 SY
$3.50 $8,633.00
1,871 SY $2.25 $4,209.75
35 EA $500,00 $17,500.00
6 EA $750.00 $4,600.00
3 EA $526.00 $1,875,00
4 EA $500.00 $2,000.00
21 EA $25.04
$625.00
80 TON
$25.00 $2,000.00
11,610 LE $0.25
$2,902.60
9,040 LF
$0.25 $2,260.00
2 EA 82,500.00 $6,000.00
This bld schedule accompanies the bld of Tom Kueter Const Co Inc C_N(-
Bid Proposal Page 1 of 5
13
CITY OF DUBUQUE, IOWA
DUBUQUE INDUSTRIAL. CENTER SOUTH
GRADING AND UTILITIES 2012 PHASE I
REBID
BID FORM 'IA
BID SCHEDULE
REVISED PER ADDENDUM NO. 1
UNIT TOTAL
NO. DESCRIPTION QUANTITY PRICE PRICE
EXCAVATION
33 Excavation, Class 10
34 Excavation, Topsoil & Unsuitable Material
35 Clearing & Grubbing
36 Clay Core
37 Subdratn Tile W /Rock
38 3" Modified Macadam
39 Low Flow Channel
40 Geogrld
STORM SEWER
41 18" RCP Storm Sewer CL 2000D
42 18 "FES
43 18" Cherkmatte Check Valve
44 24" RCP Storm Sewer CL 2000D
45 24" FES
46 30" RCP Storm Sewer CL 2000D
47 30" FES
48 MRCP Storm Sewer CL 20000
49 36" FES
50 42" RCP Storm Sewer CL 2000D
61 42" FES
52 48" RCP Storm Sewer CL 20000
63 48" FE$
54 48" Storm Manhole Base
55 48" Storm Manhole Wail
66 48" Cope Grate Trash Rack
57 72" Storm Manhole Base
58 72 "Storm Manhole Wall
69 72" Cone Grate Trash Rack
60 84" Storm Manhole Base
61 84" Storm Manhole Wail
62 84" Cone Grate Trash Rack
63 84" Slab Top with Grate
64 Detention Outlet Structure 1
65 Detention Outlet Structure 2
66 Detention Outlet Structure 3
834,900 CY $1.62 $1,352,538.00
137,000 CY $1.00 $137,000.00
4 AC $4,000.00 $16,000.00
1 LS $5,000.00 $5,000.00
13,073 LF $7.70 $100,662.10
7,484 TON 02.00 $89,568.00
538 LF $5.00 $2,690,00
6,380 SY $2.00 $12,760.00
111 LF $20.00 $2,220.00
1 EA $700.00 3700.00
1 EA $4,600.00 34,500.00
66 LF $39.00 $2,574.00
1 EA $750:00 3750.00
105 LF $48.00 $5,040.00
1 EA 3800.00 3800,00
396 LF 363.00 $20,988.00
1 EA 31,120.00 31,120.00
304 LF 372.60 322,040,00
2 EA . $1,200.00 32,400.00
41 LF $117.00 $4,797.00
1 EA $1,700.00 $1,700.00
1 EA 31,250.00 $1,250.00
10 VF $88.00 3880.00
1 EA _ 3775.00 3776.00
2 EA 31,500.00 $3,000.00
23 VF 3240.00 35,520.00
2 EA 31,350.00 32,700.00
2 EA $2,000.00 $4,000,00
17 VF 3330.00 35,610.00
1 EA 61,765.00 31,755,00
1 EA $1,275.00 $1,276.00
1 EA $2,250.00 32,260.00
1 EA 31,400.00 _31,400.00
1 EA 34,250.00 34,250.00
This Old schedule accompanies the bid of Tom Kueter Const Co Inc 1,<..
Bid Proposal Paget of 5
B -2
NO. DESCRIPTION
SANITARY SEWER
67 8" DIP Class 61
68 12" DIP Class 51
69 48" ID Manhole Base
70 48" ID Manhole Sidewall
71 Manhole Frame & Cover
72 Connection to Existing Sewer Manhole Stub
73 Select Backflt
74 Trench Stabilization Stone
BASE BID TOTAL (Basis of Award)
ALTERNATE 1
Sanitary Sewer
A1.1 12" DIP Class 61
A1.2 48" ID Manhole Base
A1-3 48" ID Manhole Sldewali
M-4 Manhole Frame & Cover
14-
CITY OF DUBUQUE, IOWA
DUBUQUE INDUSTRIAL CENTER SOUTH
GRADING AND UTILITIES 2012 PHASE I
REBID
BID FORM 1A
BID SCHEDULE
REVISED PER ADDENDUM NO. 1
UNIT TOTAL
QUANTITY PRICE PRICE
1680 LF
1607 LF
14 EA
144 VF
14 EA
1 EA
60 LF
100 TON
1199 LF
.6 EA
69 VF
5 EA
331,76 353,340.00
$46,50 374,725.60
$1,250.00 317,600.00
$87.50 312,600,00
3730.00 310,220.00
32,000.00 32,000.00
350.00 $3,000.00
340.00 $4,000,00
$50.00
$1,500.00
3110,00
$730.00
32,326,159.85
359,950.00
$7,600.00
$6,490,00
33,660,00
ALTERNATE 1 TOTAL 377,690.00
ALTERNATE2
Sanitary Sewer
A2 -1 8" DIP Class 61 576 LF 342.00 324,192.00
A2 -2 48" ID Manhole Base 3 EA 31,500.00 34 600,00
A2-3 48" ID Manhole Sidewall 30 VF 3110,00 33,300.00
A2.4 Manhole Frame & Cover 3 EA $730.00 32,190,00
ALTERNATE 2 TOTAL $34,182.00
ALTERNATE 3
Sanitary Sewer
A3 -1 8" DIP Class 61 890 LF 342.00 337,380.00
A3-2 48" ID Manhole Base 3 EA 31,600,00 34,500.00
A3 -3 48" ID Manhole Sidewall 23 VF 3110.00 32,830.00
A3.4 Manhole Frame & Cover 3 EA $730.00 $2,190,00
ALTERNATE 3 TOTAL 348,600.00
This bld schedule accompanies the bid of Torn Kueler Const Co Inc
Bld Proposal Page 3 of 5
B -3
NO. DESCRIPTION
ALTERNATE 4
Sanitary Sewer
A4 -1 18" DIP Class 51
A4-2 48" ID Manhole Base
A4-3 48" ID Manhole Sidewall
A4.4 Manhole Frame & Cover
ALTERNATE 4 TOTAL
ALTERNATE 6
Sanitary Sewer
A5-1 8" DIP Class 51
A5 -2 48" ID Manhole Base
A5 -3 48" ID Manhole Sidowall
A5-4 Manhole Frame and Cover
ALTERNATE 3 TOTAL
ALTERNATE 6
Excavation
A6 -1 Topsoil, Spread
This bid schedule accompanies the bld of
Bid Proposal Page 4 of 5
CITY OF DUBUQUE, IOWA
DUBUQUE INDUSTRIAL CENTER SOUTH
GRADING AND UTILITIES 2012 PHASE I
REBID
BID SCHEDULE
REVISED PER ADDENDUM NO. 1
QUANTITY
1061 LF
3 EA
96 VF
3 EA
028 LF
3 EA
22 VF
3 EA
5,000 CY
UNIT
PRICE
680.00
$1,600.00
5110.00
$730.00
$42,00
$1,500.00
$110.00
5730.00
$1.65
Tom Kueter Const Co Inc .
!45
BID FORM 1A
TOTAL
PRICE
$64,880.00
$4,600.00
$5,080.00
52,190.00
$96,630.00
538,976.00
$4,600.00
$2,463.00
$2,190.00
$48,119.00
$8,250.00
B -4
CITY OF DUBUQUE, IOWA
DUBUQUE INDUSTRIAL CENTER SOUTH
GRADING AND UTILITIES 2012 PHASE I
REBID
BID FORM 1B
BID PROPOSAL
The bidder hereby certifies that the bidder is the only person or entity interested in this
proposal as principal; that an examination has been made of the plans, specifications, and
contract form, including the special provision contained herein, and of the site of the work, and
the bidder understands that the quantities of work shown herein are approximate only and are
subject to increase or decrease; and further understands that all quantities of work, whether
increased or decreased, are to be performed at the unit price as stipulated herein; the bidder
proposes to furnish all necessary machinery, equipment, tools, labor and other means of
construction, and to furnish all materials specified in the manner and time prescribed and to do
the work at the prices herein set out.
Accompanying this proposal in a separate envelope is a cashier's or certified check
payable to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank chartered
under the laws of the United States, in the amount of ten percent (10 %) of the bid submitted; or
a bid bond in the penal sum of ten percent (10 %) of the bid submitted executed by the bidder
and an acceptable corporate surety. It is understood that this proposal guarantee will be
retained in the event the formal contract or bond is not executed, if award is made to the
undersigned.
The bidder further agrees to execute a formal contract and bond, if required by the
contract documents, within seven (7) days of the award of the contract by the City Council, and
that the bidder will commence work on or about ten (10) days after the date of the contract, and
will complete the work within the specified contract period or pay the liquidated damages
stipulated in the contract documents.
The bidder acknowledges receipt of the following addendum:
PRINCIPAL:
Contractor
By:
Individual ( ) Part ership ( ) Corporation (k)
Signatur
Title
Dated:
Dated:
Dated:
9t 20/Z
/01 /3
Address
City
TA-
State
6_o 6 ci
Zip
'Zs ,Q 23, 201a
Date
Note: To be completed by out of State bidders.
The State of does ( ) 1 does not ( ) utilize a percentage preference for in
state bidders. The amount of preference is percent.
Bid Proposal Page 5 of 5
B -5
i7
BOND NO. GRIA34614A
CITY OF DUBUQUE, IOWA
DUBUQUE INDUSTRIAL CENTER SOUTH
GRADING AND UTILITIES 2012 PHASE 1
REBID
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Tom Kueter Construction Co., Inc. as
Principal, and Granite Re, Inc. as Surety are held firmly bound unto the City of Dubuque* Iowa
(City), in the penal sum of $2,325,159.85 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.
*50 West 13th Street, Dubuque, IA 52001
Dated at Dubuque, Iowa, this 16th_ day of July , 2012, and duly
attested and sealed.
WHEREAS, the said Contractor by a Contract dated July 16, 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 Dubuque industrial Center South Grading and
Utilities 2012 Phase I Rebid {the Project) according to the Contract Documents prepared
therefore.
* *Dubuque, Iowa
It is expressly understood and agreed by the Contractor and Surety 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 Documents, by
reference made a part hereof, for the Project, and shatl 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 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.
G -1
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) years 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 and Contract Documents shall be considered as a part of this Bond just as
if their terms were repeated herein,
Dated at Dubuque, Iowa this 16th day of July , 2012.
CITY OF DUBUQUE, IOWA./
,
By
City Manager
PRINCIPAL;
Tom Kueter Construction Co., Inc
10943 Otdar Ridge Court, Peosta, IA 52068
By: j1
Christpplifer Kueter
President
SURETY:
Granite Re, Inc.
B •
Signature Jonathan Pat e
Attorney- in-Fact
Title
14001 Quailbrook Drive
Oklahoma City, OK 73134
City, State, Zip Code
(405) 752-2600
Telephone
Attomey In-Fact
State of
County of
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
On this day of in the year before me personally come(s)
to me known and known to me to be the person(s) who (is) (are) described in
and executed the foregoing instrument and acknowledge(s) to me that _ he _ executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of )
County of )
On this day of in the year , before me personally come(s)
a member of the co- partnership of
to me known and known to me to be the person who is described in and
executed the foregoing instrument and acknowledges to me that he executed the same as for the act and deed of the said co- partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State of .Lc, '.. -c... )
,� )
County of u1 N.r, )
On this / day of j-2.4...../ , in the year o ! c)-, before me personally come(s)
(-), r i.s ," .e..4,- //ter.., e, t to me known, who, ing duly sworn, deposes and says that he is the
of the / 0 ,K7 11 tr t.Y 6> C,
the corporation described in and which executed the foregoing instrument; that he knows the seal of
the said corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors of said
corporation, and that he signed his name thereto by like order.
Notary Public
ACKNOWLEDGMENT OF SUR
State of Minnesota )
County of Dakota )
DIANA K. HEDRICK
C. Commission Number 703746
My on rt yelssi m /a Expires
On this 16th day of July, in the year 2012, before me personally come(s) Jonathan Pate, Attorney(s) -in -Fact of Granite Re, Inc. with whom I
am personally acquainted, and who, being by me duly sworn, says that he is (are) the Attorneys) -in -Fact of Granite Re, Inc. company described in and
which executed the within instrument; that he know(s) the corporate seal of such company; anti that seal affixed to the within instrument is such
corporate seal and that it was affixed by order of the Board of Directors of said company, and that he 'signed said instrument a'S-Attorney(s) -in -Fact of the
said company by like order,
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and havingits principal office
at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint
JONATHAN PATE; WANDA FRANZ; TOM LAHL; USA M..FRANCOUR; JENNIFER BOYLES its true and lawful Attorney -in- Fact(s) for the
following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds; and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC: a certified copy of which is hereto annexed
and made a part of this Power of Attorney; and. the said GRANITE RE, INC. through us, its Board of Directors, he reby ratifies and confirms all _
and whatsoever the said
_JONATHAN PATE; WANDA FRANZ; TOM LAHL; 'LISA M. FRANCOUR; JENNIFER BOYLES may lawfully do in the premises by .virtue of these -
_presents,
in Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its President and Secretary/Treasurer, this 12'h day of April, 2012.
STATE OF OKLAHOMA - _)
COUNTY OF OKLAHOMA ) Rodman A. Frates; Secretary/Treasurer
On this 12th day of April, 2012, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and
Y P � P Y.
Rodman A._Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly
sworn, said, that they the said Kenneth D. Whittington and Rodman A. Frates were respectively the President and the SecretarylTreasurer of
the GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said
corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of
said corporation, and that they signed their name thereto by like order as President and Secretary/Treasurer, respectively, of the Company.
Kenneth D. Whittin
My Commission Expires:
August 8, 2013
Commission #: 01013257
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES
that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite
Re, Inc._ and that said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals_as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or
evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond
or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this.
16th day of July, 2012.
GRO800,1
odman A. Frates, Secretary/Treasurer - -
AUG -06 -2012 MON 09:07 AM FRIEDMAN INSURANCE
AtC R'
Leasor
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED EiY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsements
PRODUCER
Friedman. Insurance, Inc,
880 Locust Street - Suite 200
P 0 Box 759
FAX NO. 563 556 4425
CERTIFICATE OF LIABILITY INSURANCE
P. 02
DATE (MMIOOIYYYY)
7/26/2012
Dubuque
INSURED
TA 52004 -0759
Tom and Mary- Kueter
Tom Kueter Construction Inc
10943 Cedar Ridge Court
Peosta IA 52068
,.-
COVERAGES CERTIFICATE NUMBER: 2012-2013 REVISION NUMBER;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS
CERTIFICATE MAY Be ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED 0Y PAID CLAIMS.
A-DU SOBRI ( POLICYEFF, POLICY EXP
7YPE OF INSURANCE (ERR WY..(1_i- POLICY NUMDER i- MM /nDTY 'YY MMIDO,YYYV
CONTACT Jena wilwert, CISR
NAMe:
PHONE (563)556 -0272
(=•MAIL
ADRi3�SS -� .
PRODUCER 50008230
-CLLS.TOMER"
(AJC, No)' (653) 556 -4425
_ INSURER(s) AFFORDING COVERAGE _ NAIC 6
INSURERA:L7nited Fire & Casualty Compai3y 13021
INsuRe Aoc.i -dsnt Fund Insurance Co 10166
)NSURE?R
INSURER o
INSURER E :
INSURER F
1NSR
GENERAL LIABILITY
X 1 COMMERCIAL GENERAL LIABILITY
i CLAIMS -MADE LX I OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
I POLICY X IRQ7 S
X f_LOC
AUTOMOBILE LIABILITY
LX ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON•QWNEO AUTOS
160332712
/26/2012 3/26/2013
LIMITS
EACH OCCURRENCE' 1 6 1,000,000
pilDAMAGE rO RENTEO 100 000
EMISES_(FQ ! i___gae) I ;l
MEP EXP (Any one peraan) 1 6 5, 000
PERSONAL &ADV INJURY [ 6 1,000,000
GENERAL AGGREGATE 16 2,000,000
PRODUCT6- COMP/Oh AGG ? s 2,000,000
(y
r—'
60332712 3/26/2012 3/26/201
X
UMBRELLA LIAR
EXCESS LIAa
X OCCUR
CLAIMS•MADE
DEDUCTIPLP
A RETENTION S
WORKERS COMPENSATION
AND EMPLOYERS' LIAPILIT'
OFEICER /M MSERRlEXCLUOED? ECUTIVE
(Mandatary In NH)
If yes cleeedits under
DESCRIPTION OF OPERATIONS below
60332712
3/26/2012
3/26/2013
COMBINED SINGLE LIMIT
(En accident)
BODILY INJURY (Pe( person) 1 $
BODILY INJURY (Pe- accident) 6
PROPERTY DAMAGE
(Per aed6ent)
Unlnrurad motertat combinod
Medical payments
EACH OCCURRENCE
AGGREGATE
YIN
ri
NIA
i1CV6006417
3/26/2012
/26/2013
�, WC STATU-
i I Tat3YS•IMITS
E.L. EACH ACCIDENT I S 1,000 , 000
E.L. PISEASE -EA EMPLOYE 6 1,000,000
P,(. OISEAsa -POLICY LIMIT S 1 000 000
3
1,000,000
6
6
500,000
1,000
5,000,000
5,000,000
OTR-
6
DEEORIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Add(UOnal Remarxe SchedL6e, It mop, epaCD Is mqutred)
The City of Dubuque including' all its elected and appointed officials, all its employees and volunteers, all its
boatels, commissions and /or authorities and their board membors, employees and volunteers along with I3W E ,C. are
listed as Additional Snau3ede on the above niabili.ty including Ongoing and Completed Operations coverage equivalent to
150 CO2010 0704, and 002037 0704. General I,tability policy is prieaZy and non - contributing. Da9ignated Projects
HOLDER CANCELLATION _
CERTIFICATE
City of Dubuque
50 W 13th Street
Dubuque, TA 52001
ACORD 25 (2009/09)
u,cnnc .nnnnnn,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL SE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
AUTHORIZED REPRESENTATIVE
b6ark Phalan /OW
(:)1988.2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AUG -06 -2012 MON 09:07 AM FRIEDMAN INSURANCE
FAX NO. 563 556 4425
COMMENTS /REMARKS
P. 03
aggregate and Governmental Immunities are included on the General Liability policy.
Waiver of Subrogation in favor of City of Dubuque is included on the Workers Compensation
policy.
Re: Dubuque Industry -al Center South - Grading and Utilities 2012 Phase 1
OFREMARK
COPYRIGHT 2000, AMS SERVICES INC.
ENDORSEMENT
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
SPEC END L
(0000)
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 ANU OF
THE DEFENSES OF GOVERMENTAL IMMUNITY AVAILABLE TO THE CITY OF DUBUQUE,
IOWA UNDER CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE
AMENDED FROM TIME TO TIME.
2. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY
OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF
GOVERNMENTAL IMMUNITY UNDER CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS
AND AS IT MAY BE AMENDED FROM TIME TO TIME. THOSE CLAIMS NOT SUBJECT TO
CODE OF IOWA SECTION 670.4 SHALL BE COVERED BY THE TERMS AND CONDITIONS
OF THIS INSURANCE POLICY.
3. ASSERTION OF GOVERNMENTAL IMMUNITY. THE CITY OF DUBUQUE, IOWA SHALL
BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY, AMD MAY
DO SO AT ANY TIME AND SHALL DO SO UPON THE TIMELY WRITTEN REQUEST OF THE
INSURANCE CARRIER.
4. NON - DENIAL OF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE
UNDER THIS POLICY AND THE INSURANCE CARRIER SHALL NOT DENY ANY OF THE
RIGHTS AND BENEFITS ACCRUING TO THE CITY OF DUBUQUE, IOWA UNDER THIS
POLICY FOR REASONS OF GOVERNMENTAL IMMUNITY UNLESS AND UNTIL A COURT OF
COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE(S) OF
GOVERNMENTAL IMMUNITY ASSERTED BY THE CITY OF DUBUQUE, IOWA.
NO OTHER CHANGE IN POLICY. THE ABOVE PRESERVATION OF GOVERNMENTAL
IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE
UNDER THE POLICY.
All other terms, conditions, limitations and agreements of the policy remain unchanged
SPEC END L
(0000)
*11038630*
1
uni
11
CG 71 03 05 06
ULTRA LIABILITY PLUS ENDORSEMENT
COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES
This is a summary of the various additional coverages and coverage modifications provided by this
endorsement. No coverage is provided by this summary.
Coverage for non -owned watercraft is extended to 51 feet in length
Voluntary Property Damage Coverage
$5,000 Occurrence with a $10,000 Aggregate
Care, Custody and Control Property Damage Coverage
$25,000 Occurrence with a $100,000 Aggregate - $500 Deductible
Product Recall Expense
$25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible
Water Damage Legal Liability - $25,000
Increase in Supplementary Payments: Bail Bonds to $1,000 and Loss of Earnings to $500
For newly formed or acquired organizations - extend the reporting requirement to 180 days
Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction
Agreement With You
• Automatic Additional Insured - Vendors
* Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement
With You
* Automatic Additional Insured - Managers or Lessor of Premises
* Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured
* Additional Insured - Employee Injury to Another Employee
* Primary Additional Insured
Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage
* Automatically included - Aggregate Limits of Insurance (per location)
* Automatically included - Aggregate Limits of Insurance (per project)
* Knowledge of occurrence - Knowledge of an "occurrence ", "claim or suit" by your agent, servant or employee shall
not in itself constitute knowledge of the named insured unless an officer of the named insured has received such
notice from the agent, servant or employee
Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception
date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this
provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal.
Liberalization Condition
* Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 Ibs
GVW
Blanket Waiver of Subrogation
Property Damage - Borrowed Equipment
Property Damage Liability - Elevators
Bodily injury Redefined
Extended Property Damage
Damage to Media Legal Liability - $50,000
REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 15 FOR CHANGES AFFECTING
YOUR INSURANCE PROTECTION
CG 71 03 05 06 Includes copyrighted material of Insurance Services Office, Inc., with its permission. - - - Page 1 of 15