Contracts & Bonds Approval
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CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Biechler Electric , Inc. as
Principal (Contractor) and Nationwide Mutual Insuarance Co as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $50,528.50 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 21st day of October
duly attested and sealed.
, 2005, and
WHEREAS, the said Contractor by a Contract dated October 17, 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 Miller-
Riverview Park Electrical Service, Phase II (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
....
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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 21st day of October
,2005.
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CITY OF DUB QUE, lOW
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City Manager
By:
PRINCIPAL:
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By: C~)Lctor () 6~
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Title
SURETY:
Nationwide Mutual Insurance Co
Su~ company. ,
By: ~A: ~4~A'~
Signature Ron L Oberbroeckling /
Attorney-in-Fact
Title
Dubuque Iowa 52002
City, State, Zip Code
563 556 0171
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Attorney In-Fact J
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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.
.'
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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.
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258288
Power of Attorney
,
KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized
under the laws of the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter called "Company",
does hereby make, constitute and appoint RON L. OBERBROECKLING DIANE M. SCHMITT
DUBUQUE fA
each in their individual capacity, its true and lawful Attorney-In-Fact with full power and authority to sign, seal, and eXecute
in its behalf any and aU bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding
the sum of ONE HUNDRED THOUSAND AND NO/IOO DOLLARS S 100,000.00
and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and
confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the
Board of Directors of the Company.
NRESOL VED, that the President, or any Senior Vice President, Resident Vice President or Second Vice
President by, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company
and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemnity,
policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature which the business of the Company may require; and to modify or revoke, with
or without cause, any such appointment or authority. The authority granted hereby shall in no way limit the
authority of other duly authorized agents to sign and countersign any of said documents on behalf of the
Company.N
"'RESOLVED FURTHER, that such Attorneys-In-Fact shall have full power and authority to execute and
deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power
of attorney issued to them, and to affix the seal of the Company thereto, provided, however, that said seal shall
not be necessary for the validity of any such documents.'"
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE VIII
"'Section 10. Execution of instruments. Any Vice President and any Assistant Secretary or Assistant Treasurer
shall have the power and authority to sign or attest all approved documents, instruments, contracts or other
papers in connection with the operation of the business of the company in addition to the Chairman and Chief
Executive Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be
printed, engraved or stamped on any approved document, contract, instrument or other papers of the Company.
IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and
duly attested by the signature of its Vice President the 28th day of April, 1999.
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On this 28th day of April, 1999, before me came the above named Vice President for Nationwide Mutual Insurance
Company, to me personally known to be the officer described in and who executed the preceding instrument, and he
acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company
aforesaid, that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature
were duly affixed and subscribed to said instrument by the authority and direction of said Company.
ACKNOWLEDGMENT
By:
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STATE OF IOWA
COUNTY OF POLK
SS
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SANOY ALITZ
COMMISSION NO. 152785
MY COMMISSION EXPIRES
MARCH 24
kdJ; ~
Notary Public
My Commission expires March 24, 2005
CERTIFICATE
I, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the
Resolution included herein is a true and correct transcript from the minutes of the meeting of the Board of Directors duly
called and held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner; that said
Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected Vice President
of Nationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly affixed and
subscribed to the said instrument by the authority of said Board of Directors.
IN WITN ESS WHEREO F, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate
seal of said Company this day of, _~
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. : . Assistant Secretary
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04898
This Power of Attorney expires
Bd 1 (04-00) 00
04/24/07
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the day of , 2005, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager
by its City Council (City) and Biechler Electric, Inc., 7762 Wild Nest Lane, 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
Miller-Riverview Park Electrical Service, Phase II (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 $50,528.50
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 $100.00 (One 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 S 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 DUB QUE, lOW
/l111 L/ /J 1 i
By !, / 'r hi (L
City Manager
PRINA~L:
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By: /;~J
S~
Title
CERTIFICATE OF CITY CLERK
This is to pertify that a c
on the 7"'-" day of
~ ~ J
anne F. Schneider, CMC, City Clerk
ified cop~of the above Contract has been filed in my
-/-c'~cu/f:./, 2005.
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, S. 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, S, 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.
;
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the day of , 2005, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager
by its City Council (City) and Lange Sign Group 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
Great River Road Interpretive Signage Project (the Project).
The Project shall be made to the established grade and to the grades as shown on
the profiles and cross sections on file in the City Engineer's office for this Project; in
strict accordance with the requirements of the laws of the State of Iowa and
ordinances of the City of Dubuque relating to public works, and in accordance with
the Contract Document shall of which provisions and documents are each and all
hereby referred to and made a part of this Contract just as much as if the detail
statements thereof were repeated herein.
2. Contract Documents shall mean and include the following: All ordinances and
resolutions heretofore adopted by the City Council having to do with the Project; the
Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and
General Requirements as adopted by the City Council for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several
kinds and shall be put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as
defective or improper, or any of said work condemned as unsuitable or defective,
and the same shall be replaced or done anew to the satisfaction of the City Manager
at the cost and expense of the Contractor.
5. Five percent (5%) of the Contract price shall be retained by the City for a period of
thirty (30) days after final completion and acceptance of the Project by the City
Council to pay any claim that may be filed within said time for labor and materials
done and furnished in connection with the performance of this Contract and for a
longer period if such claims are not adjusted within that time, as provided in Iowa
Code Chapter 573. The City shall also retain additional sums to protect itself against
any claim that has been filed against it for damages to persons or property arising
through the prosecution of the work and such sums shall be held by the City until
such claims have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the specifications including General
Requirements and has examined and understands the plans herein referred to and
agrees not to plead misunderstanding or deception because of estimates of quantity,
character, location or other conditions surrounding the same.
7. In addition to the guarantee provided for in the specifications, the Contractor shall
also make good any other defect in any part of the Project due to improper
construction notwithstanding the fact that said Project may have been accepted and
fully paid for by the City, and the Contractor's bond shall be security therefore.
8. The Contractor shall fully complete the Project under this Contract on or before
November 23, 2005.
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the City from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from
performance of the Contract, provided that such claim, damages, loss or expense is
attributable to bodily injury, sickness, disease or death, or injury to or destruction of
property (other than the Project itself) including loss of use resulting there from, but
only to the extent caused in whole or in part by negligent acts or omissions of the
Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed
by the Contractor or the Contractor's subcontractor or anyone for whose acts the
Contractor or the Contractor's subcontractor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the
City Council, the City agrees to pay the Contractor as full compensation for the
complete performance of this Contract, the amount determined for the total number of
units completed at the unit prices stated in the Contractor's Proposal and less any
liquidated damages provided for in the Contract Documents. The number of units
stated in the plans and specifications is approximate only and the final payment shall be
made by the work covered by the Contract.
CONTRACT AMOUNT $23,010.00
, .
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 $500.00 (Five Hundred and 00/100 Dollars) as liquidated damages to the City.
The surety on the bond furnished for this Contract, shall in addition to all other
provisions, be obligated to the extent provided for by Iowa Code 9 573.6, relating to this
Contract, which provisions apply to said bond.
The Contractor agrees, and its bond shall be surety therefore, that it will keep
and maintain the Project in good repair for a period of two years after acceptance of the
same by the City Council and its bond shall be security therefore.
CITY OF ~J{rE' lOW!
By i !tl' ~t(i7ZtJ~_d
City Manager
PRINCIPAL:
{./hJt/ f! 9tA.- (,IUJiJ.r-
By: co~: X-
Signature
p /Lf.5 ~ D< /'J ,-'--
Title
CERTIFICATE OF CITY CLERK
This is to certify that a ce~ed.. copy of the above Contract has been filed in my
office on the ,J, 7 day of i;f;tJ-UA./L, 2Q05. ~ jl
~~tlLl{ li( (!Ilj,~?~
Jeanne F. Schneider, CMC, City Clerk 4Y"
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CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Lange Sign Group as Principal
(Contractor) and West Bend Mutual Insurance Company as Surety are held firmly
bound unto the City of Dubuque, Iowa (City), in the penal sum of $23,010,00 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 7th
duly attested and sealed.
day of October
, 2005, and
WHEREAS, the said Contractor by a Contract dated day of
, 2005, incorporated herein by reference, has agreed with said City of
Dubuque to perform all labor and furnish all materials required to be performed and
furnished for the Great River Road Interpretive Signage 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 7th day of October
,2005.
.
CITY OF DU. ~UQ. 0' lOW. .A!
/ ),] ~/ I)JU /
By: i i~ t 1, ~ "-./'
City Mbnager
PRINCIPAL:
Lange Sign Group
~acto~
By: YL_t.,/1
Signature
President
Title
SURETY:
West Bend Mutual Insurance Company
~~/r
Agt . .
Title
Dubuque IA 52001
City, State, Zip Code
563-582-5489
Telephone
Keith J. Langan
Attorney In-Fact
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l:lythesePresents. Th$tW~taeOd Muroa~lnsuiiil"llieQ(;n1~~~~~r~tiotr ' "~~al~Cl:i '
West t3end. \lVlsconS!n does'make, consrrtufe and"'$i>point. ", ':, "...', "'''~'. '
. Brad .,I. Lanoan: K~Vt J. L@o@n ~. '~.... ,0.",
lawful Attorney{s}-jn-fact, to make, execute, seal and deliver for and on its behaWas surety and as Itll' act Bfld dillld'an{
and all bonds, undertakings and contracts of suretyShip, provlded that no bond or undertaking or contraCt of suretyship .
executed under this authority shall exceed In amount the sum of: ' $1 ,000,000 '. ,
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following
Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly called and
held on the 21st day of December, 1999.
Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual
Insurance Company may appoint by written certificate Attorneys-In-Fact to act on behalf of the company in the
execution of and attesting of bonds and undertakings and other written obligatory instruments of like nature. The
signature of any omcer authorized hereby and the corporate seal may be affixed by facsimile to any such power of
attorney or to any certificate relating therefore and any such power of attomey or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and
certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with
respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment
may be revoked, for cause, or without cause, by any said officer at any time.
In witness whereof, the West Bend Mutual Insurance Company has caused these presents to be signed by its
president undersigned and its corporate seal to be hereto duly attested by its secretary this 21 st day of December,
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Attest dI f2IlJ!7..)t. ~
Larry ~oth, Secretary
State of Wisconsin
County of Washington
On the 21 st day of December, 1999 before me personally came John R. Dedrick, to me known being by duly sworn,
did depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West
Bend Mutual Insurance Company, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that is was so
affixed by order of the board of directors of said corporation and that he signed his name thereto by like order.
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(J(/:~T~~\~\ JO~;W~' . I vvv~_
ll/l\ PUBliC !:z! Sr. Vice President
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The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance
Company, a Wisconsin corporation authorized to make this certificate, Do Hereby Certify that the foregoing attached
Power of Attorney remains in full force effect and has not been revoked and that the Resolution of the Board of
Directors, set forth in the Power of Attorney is now in fO~~, '
~g"" ,"d "..d ",Wool e,"'. W"",,,"n fui'~~~ or ~I_ ~.~
l/IJf'J<<AV.;~'f\' .Jb .. ~
(~\ SJi!,J"LJJJi Kevin A. Steiner
' , . \.._.~:~:~:~!./ Vice President
Notice: Reproductions are not binding on the company. A,~Y'~;;SSII(lr.s concerning this Power of Attorney may be
directed to the Bond Manager at National Spe.cialty Insuwrice, a division of West Bend Mutual Insurance Co.
end Mutual Insurance Company
. Dedrick, President