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Contracts & Bonds - Various '" . " . . B::n:Hb. l1'C 5261 4 CITY OF DUBUQUE, IOWA PERFORMANCE AND PAYMENT BOND KNOWN ALL MEN BY THESE PRESENTS: That Newt Marine Service as Principal (Contractor) and M->,.!~,I~ Fl-rr1;'V~(Mlh",l) as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $38,911.11 the same being 1 00% 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 111i1 duly attested and sealed. day of 1rril , 2006, and WHEREAS, the said Contractor by a Contract dated day of 2006, 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 Former Water Department and Stealth Racing Building - Demolition and Site Clearance 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 fumishing 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 fumishing 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. 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 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 11th day of l\a:il ,2006. CITY OF DUB gUE, lOW" By; /11 / ~: I\.f Ci Manager PRINCIPAL: ~ MillE 8eMre Contractor ... (8r ~~~ ~signature 7'-/0' /?J,j6 ~A-d. Title SURETY: By: M-, .l... b B:>rrlim O:Iroan v (MJtu:il) Surety Company P-L Signature IB1iel P. Curra-l J\t:tr:In:!Y- In- Fcd:_ Title 21 00 Fleur I:r. D2s M:li n e s, ]A 50321 City, State, Zip Code 515-243-8171 Telephone TRnip,l P _ (l11"T" rrL Attorney In-Fact Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Phillip A. Trissel, Daniel P. Curran, Mark J. Schwab, Robert D.S. Karll, Deanna L. Schwab, Carol VanHoorebeck, Thomas R. Schwab of Davenport and State of Iowa its true and lawful Attorney-in~Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TWO MILLION FIVE HUNDRED THOUSAND ($2,500,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attomey-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness V\lhereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 16th day of January, 2006. ...-... .. "G CO.. ..~"'\...... "',d. ..~..~v.POIi;;.:?.;.. ..<:,,> 7"""..:..t.. . "':;e rt".. :~:- -0- c:-. . <11:.... 1933 .:~: .L.. .c:::-. .-~'. ..~. . ~. .~~. .. ::;if........\0~.. ... 1':f ... ...... STATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) By~7~ President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony VVhereof, I have hereunto set my hand and affixed my Offidal Seal at the City of Des Moines, Iowa, the day and year first above written. @ CINDY SMYTH . .! Commission Number 173504 o My Commission Expires March 16. 2009 STATE OF IOWA COUNTY OF POLK ss. &~~ Notary Public, Polk County, Iowa I, VVilliam Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-Of-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 11 th day of POA 0001 (1/06) ....... ...~"G CO;.,.. . ..fi:>.........''T,o. .."'~..~~POIi~.:?.;.. :(,):'~ ~".~~ :~:-= -0- 0':-. . """, 1933 !~: ."$:' .c::-. .. v~" .,~~: .. ".:Jp;,.......\'\.. ...~ {.( .. ..~.... April 2006 ..v~~~. Secretary . CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT FORMER WATER DEPARTMENT AND STEALTH RACING BUILDING DEMOLITION AND SITE CLEARANCE PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the day of , 2006, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Newt Marine Service 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 Former Water Department and Stealth Racing Building - Demolition and Site Clearance 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 May 19, 2006. 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 $38,911.11 .' . 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 Five Hundred and 00/100 Dollars ($500.00) 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 DU UQUE, IOWA (\1 C It . By __L LL; ,( ",,' {teL-- City Manager PRINCIPAL: A.I&.J/ /JltUlft-e ~tf>v/"- <:.,-__", By: contr~cto:~~ nat(~L Title CERTIFICATE OF CITY CLERK This is to certify that a ~dp of the above Contract has been filed ,in my office on the.?',f'M'/ day of.,~ I ,20 6. ," , ' / / >: %7/J,// / ,:<< anne F. Schneider, CMC, City Clerk , . . CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the day of , 2006, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and River City Paving, A Division of Mathy Construction, of the City of Dubuque, Iowa. For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the 2006 Asphalt Paving Program (FY 2007) (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 3rd, 2006. 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 $1,010,696.46 . ' FURTHER CONDITIONS The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby it has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $750,00 (Seven Hundred Fifty 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 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 .RUBp9UE. ' IOWA / [1 { L /2 By I ~ ':1-- i 1.....1'----- City Manager PRINCIPAL: ,(J1lI4:7t &,-.., /'''I4~Jr. Contractor ~ By: 4/ /./?b... Sig~ $/-'-: .#~ ,.wAfM?h1'Z, Title CERTIFICATE OF CITY CLERK This is to certify that a certif~py 0 he above Contract has been filed in my office on the ~ day of /' . ,2006._ ..) ) " ~~ ,:2-.-/ eanne F. Schneider, CMC, City Clerk Bond No. 929395195 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That River City Paving, A Division of Mathy Construction, as Principal (Contractor) and Western Surety Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $1 ,010,696.46 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 20th duly attested and sealed. day of April , 2006, and WHEREAS, the said Contractor by a Contract dated 17th day of April , 2006, 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 2006 Asphalt Paving Program (FY 2007) (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 fumishing 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 20th day of April ,2006. CITY OF DUBUQUE, IOWA By: City Manager PRINCIPAL; River City Paving Division of Mathy Construction Company Contractor By: t ~'1oID~l1- Ttle SURETY: Western Surety Company surety Company By: ~u r:l \\. '(LriX~ Si ature Jill N. Swanson, Attorney-In-Fact Title 4000 Olson Memorial Highway, Suite 300 Minneapolis, MN 55422 City, State, Zip Code 763-302-7212 Telephone Jill N. Swanson Attorney In-Fact Surety Acknowledgement State of Minnesota } } ss. County of Hennepin } On this 20th day of April , 2006 , before me personally came Jill N. Swanson, to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact of Western Surety Company , the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney in Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires 1-31-2010 (Jj ~J-. "'lJ/Jt-~. . . ~ / Notary PublIc , Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporntion. is a duly organized and existing corporation having its principal office in the City of Sioux Falls. and State of South Dukota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Richard G Donovan, Nina E Werstein, Laurie F Pflug, Jill N Swanson, Jerry Ouimet, Dennis G Loots, B L Kellar, Brian D Carpenter, Denise D Wishcop, Jennifer Miller, Individually of Minneapolis, MN, its true and lawful Attomey(sHn~Fact with full power and authority hereby conferred 10 sign. seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby llS fully and 10 the same extent as if such instruments were signed by a duly authorized officer of the corporation and nil the acts ofsl1id Attorney, pursuant 10 the authority hereby given, are hereby ratified and confirmed This Power of Attorney is nmde and executed pursuant to and by authority ofthc By. Law printed on the reverse hereof, duly adopted, as indicaled, by the shareholdeJS of lile corporation In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporote seal to be hereto affixed on this 6th day of April, 2005 WESTERN SURETY COMPANY ~/~-t:niorViee President State of South Dakota County of Minnehaha } ss On this 61b day of April, 2005, befon:: me personally came Paul T Brunat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakotn; lhat he is the Senior Vice President of WESTERN SURETY COMPANY described in ;;md which executed the above instrument; lhat he knows the seal of said corporation; Ibal the seal affixcd to the said inslrumenl is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporntion and that he signed his name thereto pursuant 10 like authority, and acknowledges same to be the act and deed of said corporation. My commission expires November 30. 2006 .............-..................................... ~ D. KRELL ~ , , j~NOTARY PUBLIC~~ $ SOUTH DAKOTA 1 +............................................... + ~ ~ryPUbliC CERTIFICATE I, l Nelson. Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of AttOrney hereinabove set forth is still in fo~. and further certify that the 8y.l,aw of the corporation printed on the reverse hereof is still in force In testimony whereof I hnve hereunto subscribed my name nnd affixed the seal afthe said corporation this 20th day of' April 2006 WESTERN SURETY COMPANY Form F42BO-OI-02 Cf ~:(:.~~eere"ry Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By..Law duly adopted by the shareholders ofthe Company. Section 7> All bonds, policies, undertakings, Powers of Attorney. or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize The President:, any Vice President. Secretary. any Assistant Secretary. or the 'rreasurer may appoint Attorneys in Fact Of agents who shall have authority to issue bonds, policies. or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds. policies. undertakings. Powers of Attorney or other obligations of the corporation. The signature of any such officer and the cotporate seal may be printed by facsimile. CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction, Inc. as Principal (Contractor) and United Fire & Casualty Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $449,989.00 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 18th day of attested and sealed. April , 2006, and duly WHEREAS, the said Contractor by a Contract dated day of , 2006, incorporated herein by reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the Port of Dubuque - Parking Lot No. 1 Reconstruction and Landscaping 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 day of ,2006. CITY OF DUB tUE, IOWA By ,:v/1iL C; Manager PRINCIPAL: Portzen Construction. Inc. ~~r2 Igna e ~ Gf!fOR-d-e S;l!Ilef~tl4 Me.!J5l//l.e'/t Title { SURETY: United Fire & Casualty Company Surety Company By: Q~b.. ~~ Signature Attorney-In-Fact Title Dubuque, IA 52002 City, State, Zip Code TRICOR, Inc. - Dubuque PO Box 1810, 500 Iowa Street Dubuque IA 52004-1810 Phone: 563-556-5441 INSUReo---~ ACgRD.. PRODUCER CERTIFICATE OF LIABILITY INSURANCE CSR DH PORTZ-1 04 18 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 06 INSURERS AFFORDING COVERAGE NAIC# 15350 Portzen Construction Inc Dubuque Plumbing & Heating Ma;y 1<ay 205 Stone Valley Dr. Dubuque IA 52003 COVERAGES INSURER A INSURER 8 INSURER c: INSURER 0: INSURER E West Bend Mutual Ins. Co THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVII'lTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO INHICH 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, AGGREGATE LIMITS SHO\^JN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~~ ~s~, TYPE OF INSURANCE POLICY NUMBER ~~'i'~1'ri~fDEIf~E DATE MM/b~IN LIMITS GENERAL LIABILITY EACH OCCURRENCE .1,000,000 f-- A X 'X COMMERCIAL GENERAL LIABILITY CPI061671604 12/31/05 12/31/06 PREMISES (E~~d~~ncej .200,000 I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .10,000 f~ PERSONAL & AOV INJURY .1,000,000 ~ Per Project Aggre GENERAL AGGREGATE .2,000,000 GEN'L AGGREGATE LIMIT APnSIPER PROOUCTS - COMP/OP AGG .2,000,000 n ( IXl PRO. POLICY X JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - .1,000,000 A ~ ANY AUTO CPI061671604 12/31/05 12/31/06 (Eaaccidenl) ALL OWNED AUTOS BODILY INJURY - . SCHEDULED AUTOS (Per person) - HIRED AUTOS BODILY INJURY - . NON-OWNED AUTOS {Peraccidenlj -~ - PROPERTY DAMAGE . (Peraccidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT . ~ ANY AUTO OTHER THAN EAACC . AUTO ONLY AGG . EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE .10,000,000 A ;j D CLAIMS MADE CPI059879603 12/31/05 12/31/06 .10,000,000 ~. OCCUR AGGREGATE . Fx1 DEOUCTlBLE . X RETENTION . WAIVED . WORKERS COMPENSATION AND X I TORv" !,~:f's , IVER' A EMPLOYERS' LIABILITY YRI059878703 12/31/05 12/31/06 .500000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE .500000 If yes, describe under .500000 SPECIAL PROVISIONS below EL DISEASE. POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS / LOCATIONS { VEHICLES { EXCLUSIONS ADDED BY ENDORSEMENT { SPECIAL PROVISIONS The City of Dubuque is an additional insured on gen liab policies including ongoing&completed operations as well as being primary & non-contributing per form WB1482.Form CG1503 0397"Oesignated Projects "gen liab aggr limit form attached. Governmental Immunites Endorsement attached. Waiver of Subrogation in favor of the City of Dubuque- Project: Port of Dubuque -Parking Lot No. 1 CERTlFICA TE HOLDER CITYDBQ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Ci ty of Dubuque 50 W. 13th St. DUbuque IA 52001 ACORD 25 (2001/08) '-. - AUTHORIZED REPRESENTATIVE Keith M. Sindber IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTOR'S BLANKET COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following: A. WHO IS AN INSURED (Section II) is emended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: 1. Currentiy in effect or becoming effective dur- ing the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal Injury" or "advertising In- jury: B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an addi- tional insured with respect to liability for "bod- ily injury", "properly damage" or "personal and advertising injury" caused, in whole or In part, by: 8. Your acts or omissions; or b. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured(s). There is no cov- erage for the additional insured for "bodily in- jury" I "property damage" or "personal and ad- vertising injury. arising out of the sole nagligence of the additional insured or by those acting on bahalf of the additional in- sured. 2. The Limits of Insurance applicable to the additional insured are those specified In the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the limits of Insurance shown in the Deciarations. 3. Except when required by written contract or written agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. 'Bodily injury" or 'property damage" occur- ring after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on beha~ of the addi- tional insured at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its Intended use by any person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage" arising out of acts or omissions of the additional insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional in- sured doas not apply to "bodily injury," "prop- erty damage," "personal injury," or 'advertis- ing injury" arising out of an architect's, engineer's, or surveyor's rendering of or fail- ure to render any professional services in- cluding; a, The preparing, approving, or failing to prepare or approve maps. shop drawings. opinions. reports, surveys, field orders, change orders or drawings and specifica- tions; and b. Supervisory, or inspection activities per- formed as part of any related architectural or engineering activities. WB 1482 05 05 West Bend Mutual Insurance Company West Bend, Wisconsin 53095 Page 1 of 2 C. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV . COMMERCIAL GENERAL LIABILITY CONDI. TIONS Is amended with the addition of the fol- lowing: 4. Other insurance b. Excessinsurance This insurance is excess over: Any other valid and collectible insurance available to tha additional insured whether primary, excess, contingent or on any other basis unless 8 written contract spe- cifically requires that this insuranca ba ei- ther primary or primary and noncontribut- ing. Whera requirad by written contract. we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this insurance. When this insurance is excess, 85 a con- dition of coverage, the additional insured shall be obligated to tender the defense and indemnity of every claim or suit to all other \osuref'& that m<l~ pro'lilje cO'Jerage to the additional insured, whether on 8 contingent, excess or primary basis. Paga 2 of 2 West Bend Mutual Insurance Company Wast Bend, Wisconsin 53095 WB 14820505 .' . . . COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE UMIT This endo",ement modifies Insurance provided under the Iollowlng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHmULE DESIGNATED CONSTRUCTION PROJECTS: VOUR PROJECTS AWAV FROM PREMISES OWNED IV OR RENTED TO VDU. A. For all aums which the insured becomes legally obligated to pay as damages caused by 'occur- rence'll'" under Coverage A (Section I). and for all medical expen.es caused by acddents un- der Coverage C (Section I), which can be attri- buted only to ongoing operations at a single deolgnated conltruction project shown In tha Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit i. equal to the amount of the General Aggregate limit shown In the Declarations, 2. The Designaled Construction Project Gen- eral Aggregate Limit is the most we will pay ror the sum of all damages under Covel1lge A, excePt damages because of 'bodily in- JUry- or 'property damage' Included In the 'products-completed operations hazard', and for ml!dlcal expenses under Coverage e regardlesa of the number of: a, Insureds; b, Claims mac:le or 'suits' brought; or c. Persons or organizations making claims or bringing 'suits'. Any payments made under Coverage A for damages or under Coverage C lor medical expen... shall reduce 1he Designated Construction Project General Aggregete Limit lor that design ated constrvctlon project. Such peyments shall not reduce the Genaral Aggregate Limit snown in the Declarations nor ahall they reduce eny other Designated Construction Project General Aggregate Limit for any other des- ignated construction project shown in the Schedule above, The IIm"s shown In the Declarations lor Each Occurrence, Fire Damage and Med- Ical Expenses continue 10 apply, Howsver, Instead of being subject to the General Ag- gregale Limit shown In the Declarations. luch limits will be lubject to the applicable Designated Construction Project General Aggregate Um". 3. 4, (If no entry appear. above, inform.Uon reQuired to complete this endorsement will b. shown In the Oedar. lions as applicable 10 lhis endorsement) CG 25 03 03 97 Copyright, Insurance SeNlces OIfIce, Inc" 1995 Paga1 of 2 '. . . . CPIOB1B11604 121 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WBI00 A CHANGE ENDORSEMENT PAGE 1 OF 1 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CITY OF OELWEIN. IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. NONWAIVER OF GOVERNMENTAL IMMUNITY. THE INSURANCE CARRIER EXPRESSLY AGREES AND STATES THAT TME PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF OELWEIN, IDWA AS AN ADDITIDNAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY OF OELWEIN, IOWA UNDER CODE OF IOWA SECTION 670.4 AS IT IS NOW EXISTS AND AS IT MAY BE AMENDED FROH TIHE 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 GOVERN- MENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. THOSE CLAIMS NOT SUBJECT TO CODE OF IOWA SECTION 670.4 SHALL BE COVERED BY THE TERMS AND CONDITIONS OF THIS INSURANCE POLICY. 3. ASSERTION OF GOVERNMENTAL IMMUNITY. THE CITY OF OELWEIN, IOWA SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GDVERNMENTAL IMMUNITY. AND 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 PDLICY FOR REASONS OF GOVERNMENTAL IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAs RULED IN FAVOR OF THE DEFENSE(SJ 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. WB 100 06 88 West Bend Mutual Insurance Company West Bend, Wisconsin 53095 . . . WORKERS COMPENSAnON AND EMPLOYERS LIABLlTY INSURANCE POLICY .... 00 " l' {I~ ....1 '~1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT \/lie have the right to ..cover our payments from anyone liable far an injJry COllared by this poticy. We will nol enforee our right against the person or organiZation named in the Schedule. (This agreemllntapplin only to lhe ""tenlthat you perform worl< under a wrillan contract that requires you to obtain this agr..ment from us.) This agreement ahall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule C!TV OF DUBUQUE This endorsement ohang" the pohoy to which I is attached and is _. On the debt _ 00_ otherWi.. _ed. (The information beloW ie required only whllll tills _ora....nt is i....ecI eubaequent to preparation of the potioy.) Endorsemenl: Effectiv. In5Ufed Pelley No. Endo_""'nt No. Premium $ Insurance Company Counlerslgnod by we 00 0313 (04 84) Copyright 1813, National Council on Compensallon Insurance, In"_ Page 1 011 . CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the day of , 2006, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Portzen Construction, Inc. of the City of Dubuque, Iowa. For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the Port of Dubuque - Parking Lot No.1 Reconstruction and Landscaping 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 June 2, 2006. 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 $449,989.00 _0 . 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 $1,500.00 (One Thousand 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 DUB7Q.UE. IOWA /11 [/ /l, IJ By / l.-- u "1 f zX./\ City Manager '-- PRINCIPAL: 1J;erzftJ {:Jf5fK-uw/~", Jfi./-'.. Contractor By: ?!~e~ &~~ COJtfo~::"'I-f' ,GaLef;.Jei /e.!d.54R-e/2.. Title CERTIFICATE OF CITY CLERK This is to ;p,tify that ~ifie~y of the above Contract has been filed. in my office on the ~ day of '}/fA , 2006. .., ~.. --- . / /J eanne F. Schneider, CMC, City Clerk