Contracts Bonds W. 5th, University
"
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the ;); sf day of ,lZifle , 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
West 5th Street (Delhi - Alpine) Reconstruction 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.
..
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 $1,024,519.20
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 day of June
duly attested and sealed.
, 2006, and
WHEREAS, the said Contractor by a Contract dated 20th day of June ,
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
West 5th Street (Delhi - Alpine) Reconstruction 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 20th day of .llIn~
,2006.
CITY OF DUBUn~'lVV~ ,il
By: Lt . ell fl{JL----;
City Manager
PRINCIPAL
Portzen Construction, Inc.
Contractor
By: 1L'~A/;~
Signature
fJrt's/dfJ/l1-
Title
SURETY
By:
United Fire & Casualty Company
Surety Company
~. "'- ~. WA-A
Signature
Attorney-in-Fact
Title
Dubuque,IA 52004-1810
City, State, Zip Code
(563)556-5441
Telephone
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Attorney In Fact
"
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", UNITED FIRE& CASUALTY,COMPANY
, HQM~ OFFICe ~'CEOA~R.YlD$, IOWA "
c~'i'II:I6> COPY OF'PoWEROF AtTORNEY
(Original on file at Home Office 01 Company - See Certification)
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KNOW ALL M1;N ~y THESE P~ESENTS, That the\JNITE[) FIRE & CAS!.iALTYCOMPANY; !l corporation duly <nQanized and existing
undert~ Jaws of t~ statll of Iowa, and nlMll!l lts pnncipal'offjQe in Cedar Raj>lds, state of Iowa, dqes roake, conStitute and appoint
.,:,: ,.:- -:-:, ;-:_',,-":',:::'-- ":,'::, ;::;;-,"'-'_:':''-'::'''':'''; ,'.: ,}.(:',-r:.-'<..,;:-.'.~":' ':': /<"':'...:,,:. i:.-::::- ,.>:,:","',::::._ ,:-,: :,': ':,,:.__.:,."",:,-:.. ',".
DAVID :PRITZ. oR' OIAIIA K~,'REIIRIClI:. OJ! KEITlf II'SIIl1lBEllG. OR ClWlU:s if: AIIDRACCIlIO. OLIVIlli'lt sCn:ITT. OR
KIKBEar.Y A WIELlIIIO. OR lCIlVIII\{ EmU:.tCl!. ALL ,rJiDIVIOIlALLY' b'iiiuBIlQUll' lA" ' ,
lis tnie ,and la'oVfUl Attorney(Se)-in-Fad w1thpo~ and author#}- he~y conretied to, sign, seal and exec.ute\n.lis behlllf all lawful bonds,
undllrtaldngs and other obligatory Il\strum~s 01 similar nature as follows: Any and JlU, Bonds , , ' ','
and to bind lfNITE6:PIR~ & CASUALTY COMPANY thereby' as fully andta' the ~~ine extent as if such Instruments Were signed by the
duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the ads of said Attomey, pursuant to the authority hereby
given are hereby r;tllfied,end conflO7led, , , :, , ,
The Authority herelly,grantediscontlnuous and shitltremain,in full, force and ilffed,untll,revokedby UNITIED FIRE &
CASUALTY COMPA/IIY , " ' , ' ':' ,',' ",' , :', ",' ,
, ,This p~ of Attorney is made lllid, ~ec,uted pursua~ to and by a~rity oithe follOWing By.taw duly adopted by Board of
Diredorsolthe"Ampany'onApriI1S',1973.' ,',,,,, " ',' ,,,,' :, " :', "
- """"...".,' t.... .<' ,_'__-:: ..' _,.'.' _ _, __', .___'_ ,_ __ _ _',. __'
' , "Artfcte V -'Surety Bonds and Undertakhlgs'" '
Sadion 2, Appointment of Attorney-in-Fact, ''The President or'enyVice President, or any other officer of the Company may,
from tima t9 time" appoint by written, certificates attorne~-~cf to ,act in behalf of the Company in the executiofl of policies of
lllsuran~; blind., uri'd:ertaklngs and other obligatory instrun'\ents ef'like nature, The signature'of any offIcer'suth(lrized hereby,
and tba Corp.orate sea'I,:,(ilay be ,aflix8d by facsimile to '!nY'P6WerOfalt9mey or special pow~pf attorney,'or~rti~tiOn of
either euthOflZed'/lerebY;' 5,uch Slgl)aturll" and ~al, When so used, bll109 ad,opted by the ComAAIlY: as the orlgmal slg!lature of
Sl,Ich Officer and the, wiginlll seal of the Company, to be valid /l~'b~ing upon the Company w,itMhe,same forqe and effect as
though manuaIlY~~, Such attorneys.in fact, ,SUbjad to the.lilll.l!lrttoos set forth in their ra,spective certlficates,ofauthority,
shall have full powtrto bind the Company by.tlleir srgnature,and'eXecutlon of any such mstruments and to attach the seal of
the COmpany thereto. The President Orany Vice President the 8Oa(d of Diredors or any other offic~ of the Company may at
any time revoke'aU,poWlir'8Ild authority previously given to any attolney-in-fad., "
IN WrrNeSS wHEREOF, the UNITED FIRE & CASUAL T>!COMPANY has ca'used these presents to be signed by
itSVI<<& president and its corpOrate seeltobe hereto'affiJCej:lth1S 27th day of AprU', ;aDOS
'-", . ''':''', . '. -' ".- ',.
UNITl:O FIRE & CASUALTY COMPANY
. ey..,~ cr. ~ ,Vi~ President,
State of Iowa., County Of-Linh! sS:,'
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Secretary
BbNDOO19,o802 01' ,
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ACORD
____._,__..._.__T~
CERTIFICATE OF LIABILITY INSURANCE
CSR DH
PORTZ-1 06 20
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
PRODUCER
TRICOR, Inc. - Dubuque
PO Box 1810, 500 Iowa Street
Dubuque IA 52004-1810
Phone: 563-556-5441
Portzen Construction lnc
Dubuque Plumbing & Heating
Man' O(ay
205 Stone Valley Dr.
Dubuque IA 52003
COVERAGES
INSURER A
INSURER B
INSURER C
West Bend Mutual Ins. Co
NAIC#
I 15350
-t---...-
I
INSURERS AFFORDING COVERAGE
INSURED
,
I INSURER 0
INSURER E
I
.._~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO Vv'HICH 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
I~~ lNSR~ ~ ~Mrtf6'rWf Pgkflfij~b'1:~~N -
TYPE OF INSURANCE POLICY NUMBER LIMITS
I ! GENERAL LIABILITY EACH OCCURRENCE '1,0.00,.990
A I A r ro..,"'M",~ ,,,-, .-
CPI061671604 12/31/05 12/31/06 ~REMISES (Ea occurence) '200,000
i .d-.~ CLAIMS MADE [l{J OCCUR i MED EXP (Anyone person) '10,000
PERSONAL & ADV INJURY 1 '1,000,000
~- ----
,X Per Project Aggre GENERAL AGGREGATE " 2,000,000
--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPtOP AGG '2,000,000
-l, !Xl PRO- n l
I POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
A ~ ~NY AUTO CPI061671604 12/31/05 12/31/06 (Eaaccictent) 1,1,000,000
--
lr-'- BODILY INJURY
I ~ ""''"''"'''' {Per person} ,
_____. _m ___
HIRED AUTOS BODILY INJURY
,
NON-OWNED AUTOS (Per accident}
I -- - -
I
I-I _...-- PROPERTY DAMAGE ,
(Per accident)
~':"_~~AGE LIABILITY AUTO ONLY - EA ACCIDENT ,
-
~_~ ANY AUTO OTHER THAN EAACCi$ --.-- -
I AUTO ONLY AGG I $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE , 10,000 ,(l00
A xl OCCUR D CLAIMS MADE CPI059879603 12/31/05 12/31/06 AGGREGATE '10,000,000
~~ -
,
=l DEDUCTIBLE I ----
I ,
- ---
X RETENTION , WAIVED ,
WORKERS COMPENSATION AND X ITbW/~I~WS I IUJ~.
A EMPLOYERS' LIABILITY YRI059878703 12/31/05 12/31/06 , 500000
ANY PROPRIETOR/PARTNER/EXECUTIVE EL EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L DISEASE - EA EMPLOYEE , 500000
\fyes,describeunder I E.L. DISEASE - POLICY LIMIT , 500000
SPECIAL PROVISIONS below
I OTHER ,
DESCRIPTION OF OPERATIONS I LOCA TlONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I 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 "Designated Projects"gen liab aggr limit form
attached. Governmental Immunites End. attached.Waiver of Subrogation in favor
of the City of Dubuque-Project:W.5th St. (Delhi-Alpine) Reconstruction Project
CERTIFICA TE HOLDER
CANCELLA nON
CITYDUB
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
AUTHORIZED REPRESENTATIVE
Keith M. Sindbe
ION 1988
ACORD 25 (2001/08)
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.
ACORO 25 (2001/08)
CPI0616716
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - CONTRACTOR'S BLANKET
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
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 writlen contract or written agreement must
be:
1. Currently 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", "property damage" or "personal and
advertising injury" caused, in whole or in part,
by:
a. 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", "property damage" or "personal and ad-
vertising injury" arising out of the sole
negligence of the additional Insured or by
those acting on behalf of the additional in-
sured.
2. The Limits of Insurance applicable to the
additional insured ere 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 Declarations.
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 behalf 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.11
4. The insurance provided to the additional in-
sured does not apply to "bodily injury; "prop-
arty damage," "personal injury," or 'advertis-
ing injury" arising out of an arch~ecl'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.
we 14820505
Wast 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. Excess insurance
This insurance is excess over:
Any other valid and collectible insurance
available to the additional insured whether
primary, excess, contingent or on any
other basis unless a written contract spe-
cifically requires that this insurance be ei-
ther primary or primary and noncontribut-
ing. Where required 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, as a con~
dition 01 coverage, the additional insured
shall be obligated to tender the delense
and indemnity 01 every claim or suit to all
olner i""ure"" that may provide coverage
to Ihe additional insured, whether on a
contingent, excess or primary basis.
Page 2 of 2
West Bend Mutual Insurance Company
Wast Bend. Wisconsin 53095
WB 1482 05 05
.
.
.
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE UMIT
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under Ihe following:
SCHEDULE
DESIGNATED CONSTRUCTION PROJECTS:
VOUR PROJECTS AWAV ~RDM PREMISES OWNED IV DR RENTED TO VOU.
A. For all sums which the insured becomes legally
oblillaled to pay as damages caused by .occur-
rences" under Coverage A (Section I), and for
all medical e><p..nses caused by accidents un.
der Coverage C (Section I), which can be attri-
buted only to ongoing operallons at a slngle
designated construction project shown In H..
Sch..dul. abov.:
1. A separale Designated Construclion
Project General Aggregate LimIt applies to
each designated construction projecl, and
thaI limit is equal to the amount of the
General Aggregate limit shown In the
Declarations.
2. The Designated Construcllon Project Gen-
eral Aggregate L1mllls the most we will pay
for the sum 01 all damages under Coverage
A, except damages because of "bodily In-
JUry" or "property damage" Included In the
"producl.-compleled operations huard",
and ror medical expenses under Coverage
C regardless of the number of:
e. Insureds;
b. Claims made or 'suits" brought: or
e. Persons or organizations making
claims or bringing "suits-.
3. Any payments made under Coverage A for
damages or under Coverage C for medical
expenl.1 Ihall reduce Ih. Designated
Construc1ion Project General Aggregate
Limit for that dellgnated construction
project. Such payments shall nol reduce
the General Aggregale Lim~ shown in Ihe
Declarations nor shall they reduce any
O1her Designated COnstruction Projec1
General Aggregate Urn II for any other des.
ignated construcllon projecl shown in the
Schedule above.
4. The IIm~s shown In the Declarations for
Each Occurrence, Fire Damege and Med-
Ical Expenses continue to apply. However,
In.tead of being subjecllo the General Ag-
gregate L1m" .hown in the Declarations,
such limits will be subjec1to the applicable
Designated Construction Project General
Aggregate Urn".
(If no enlry appears above, inform.llon required 10 complete this endorsement will be shown In the Declara-
lions as applicable 10 lhis endorsement)
CG 2503 0317
COt:lyrlght. Insurance Services OffIce. Inc.. 1996
P_ 1 of 2
103
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CHANGE ENDORSEMENT
WBIOO A PAGE I OF 1
THIS ENOORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWIN~:
COMMERCIAL GEMERAL LIABILITY COVERAGE PART
CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT
I. NONWAIVER OF GOVERNMENTAL IMMUNITY. THE IMSURANCE CARRIER EXPRESSLY AGREES
AND STATES THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF
DUBUQUE, IOWA AS AN ADPITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF
GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY OF DUBUQUE. IOWA UNDER CODE OF IOWA
SECTION 670.4 AS IT Is NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME.
2. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF
INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF GOVERN.
MENTAL IMMUNITY UNPER THE COPE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT
NAY BE AMEHDEP 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 IHSURANCE
POLICY.
3. ASSERTION OF GOVERNMENTAL IMMUNITY. THE CITY OF PUBUOUE. IOWA SHALL BE
RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY, AND MAY DO SO
AT ANY TIHE AND SHALL DO SO UPON THE TIMELY WRITTEN REOUEST OF THE INSURANCE
CARRTER.
4. NON-DENIAL DF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE UNDER
TNIS POLICY AND THE INSURANCE CARRIER SMALL NOT DENY ANY OF THE RI~HTS AND
BENEFITS ACCRUING TO THE CITY OF DUBUQUE, IOWA UNDER THIS POLICY FOR REASONS OF
GOVERNMENTAL IMHUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS
RULED IN FAVOR OF THE DEFENSECS) OF GOVERNMENTAL IMMUNITY ASSERTED IY THE CITY
OF DUBUQUE, IOWA.
NO OTHER CHANGE IN POLICY. THE AIOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES
SHAll NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY.
WB 100 08 88
Welt Bend Muluallnlurance Company
Welt Bend, Wi$<Xln$in 5301lS,
WORKERS COMPENSAnON AND EMPLOYERS LIABLlTY INSURANCE POLICY
~ 90" l' (E~ IU ,~}
WANER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable fDr an in;.ry cov.",d by this policy. We will nol
enforce our ri~ llgainst the person or organization nllmed in the Schedule. (This agrwement applies only to the
extent thlll you perform wor1o: .-,d.r a written contract that require. you to attain thill a"..ment from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
C!TV OF DUBUQUE
This ondon;emttnl ohall;_ \he pouoy to whioh n . atIKhed a.d is etfec;tjye on the dallI iasued unless _rwiH _ed.
IThe ",formation below;. required only wilen this endor.....nt Is iSlUed .ubaaquentto..........tIon of the poliey.)
EncIo,..menl Ellective
Insured
Pelicy No.
EncIoIMment No.
Pr_um$
Insure no. Comptlny
Counler$igoed by
we 00 0313 (04 84)
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CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT Contr ct), made in triplicate, dated for
reference purposes the?g'../.(~ day of , 2006, between the City of
Dubuque, Iowa, (City) by its City Mana ,through authority conferred upon the City
Manager by its City Council and Tschiggfrie Excavating Co. 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
University Avenue Culvert Extension and University Avenue Sanitary Sewer
Reconstruction 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
August 31,2006.
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.
10. Contractor acknowledges that the City is required to obtain a permit from the
Iowa DNR prior to the commencement of any work on the Project. Contractor is
willing to and does hereby enter into this Contract for the Project on the express
condition, that if the necessary Iowa DNR permit is not issued to the City within
one hundred twenty days from the date of this Contract, this Contract shall be
deemed null and void and of no further force and effect.
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 $363,808.28
.
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 Seven Hundred Fifty and 00/100 Dollars ($750.00) 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.
PRINCIPAL:
C\:'~V\\~~~( )
Contractor r
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CERTIFICATE OF CITY CLERK
This is to certify that a certified
in my office on th~ day of
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eanne F. Schneider, CMC, City Clerk
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Bond Number 8855156
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Tschiggfrie Excavating Co. as
Principal (Contractor) and Fi~~~~;~J,a;;~ ~;~~~~~01 as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), In the penal sum of $363,808.28 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
duly attested and sealed.
day of
, 2006, and
WHEREAS, the said Contractor by a Contract dated , 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 University
Avenue Culvert Extension and University Avenue Sanitary Sewer Reconstruction
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 Surely'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, 10 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 DUBUQU1'e-WA .' L
By: ~L ~~J[I
City Manager
PRINCIPAL:
Tschiggfrie Excavating Co.
Contractor
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Title ~
SURETY:
Fidelity and Deposit Company of Maryland
Surety Company
By: ~ig~t~i1t"H)
Nancy D. Schwarz, Attorney-in-Fact
Title
West Des Moines IA 50266
City, State, Zip Code
515-244-0166
Telephone
Nancy D. Schwarz
Attomey In-Fact
.
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
eorporation of the State of Maryland, by THEODORE G. MARTINEZ, Vice President, and GREGORY E. MURRAY,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the B=-Law . id Company, which are
set f,mh on the reverse side hereof and are hereby certified to be in full force and eff'j'\t '6 <OJ' reoI'. does hereby
nominate, constitute an.d appoint F. Melvyn HRUB~TZ, Joyce O. HEJql~~'Aaij .' ~~~S, Nancy D.
SCHWARZ and PatrIck K. DUFF, all of Des MOInes, low_ " ~~;\n~~'f~W\~~torney-tn-Fact, to
make. execute. seal and deliver, for, and on its behal '0 . ~ ~it2i~S st~A~~d all bonds and
undertakings, and the execution of sue Or ~n ~ i r ~\dt~se presents. shall be as binding upon said
Company, as fully and amply. t '''ef' ur ,9, . tJ,>\'Y tieen duly executed and acknowledged by the
regularly elected of~rrn' ~ nf.Jll i~\l;f.~~ ore, Md., in their own proper persons. This power of attorney
revokes that issued '\1f~I{of 'i~~,-n;yRml~, Joyce O. HERBERT, Mark E. KEAIRNES, Nancy D. SCHWARZ.
Melissa L. EVANS, ~rffi~Q6F-,w.;ted April 11,2003.
The said Assistant ~~ does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By-Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of February,
A.D. 2005.
ATTEST:
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
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By:
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Gregory E. Murray Assistant Secretary
Theodore G. Martinez
State of Maryland }ss:
City of Baltimore
On this 24th day of February, A.D. 2005, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came THEODORE G. MARTINEZ, Vice President. and GREGORY E. MURRAY, Assistant
Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals
and officers described in and who executed the preceding instrument. and they each acknowledged the execution of the same,
and being by me duly sworn, severally and each for himself dcposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
writt~n.
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Constance A. Dunn Notary Public
My Commission Expires: July 14,2007
POA-F 088-6895