Contracts & Bonds - Various
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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 ...
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~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.
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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)
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April
2006
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Secretary
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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. ,"
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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._ ..) )
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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.
.., ~..
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/J
eanne F. Schneider, CMC, City Clerk