Improvement Contract_Top Grade Excavating, 7th St. Mahole ReconstructionCITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the — day of /1.1 c.`4�` , 2013, between the City of Dubuque,
Iowa, by its City Manager, through authority dbnferred upon the City Manager by its City
Council (City) and of Top Grade Excavating, Inc. (Contractor) of the City of Farley, 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 79" & White Street Manhole 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 the
completion date; July 1, 2013.
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the City from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from
performance of the Contract, provided that such claim, damages, loss or expense is
attributable to bodily injury, sickness, disease or death, or injury to or destruction of
property (other than the Project itself) including loss of use resulting there from, but
only to the extent caused in whole or in part by negligent acts or omissions of the
Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed
by the Contractor or the Contractor's subcontractor or anyone for whose acts the
Contractor or the Contractor's subcontractor may be liable, regardless of whether or
not such claim, damage, Toss 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 $58,657.50
FURTHER CONDITIONS
The Contractor hereby represents and guarantees that it has not, nor has any
other person for or in its behalf, directly or indirectly, entered into any arrangement or
agreement with any other bidder, or with any public officer, whereby it has paid or is to
pay any other bidder or public officer any sum of money or anything of value whatever
in order to obtain this Contract; and it has not, nor has another person for or in its behalf
directly or indirectly, entered into any agreement or arrangement with any other person,
firm, corporation or association which tends to or does lessen or destroy free
competition in the letting of this Contract and agrees that in case it hereafter be
established that such representations or guarantees, or any of them are false, it will
forfeit and pay not Tess than ten percent (10 %) of the Contract price but in no event be
less than $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 § 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 DUBUQyE, IOWA
By
City Manager
PRINCIPAL:
By:
Contractor
ve-
Title
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Top Grade Excavating, Inc. as
Principal (Contractor) and North American Specialty Insurance Company as Surety are
held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $58,657.50,
the same being 100% of the total price of the Contract for the Project herein referred to,
lawful money of the United States of America, well and truly to be paid to said City of
Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are
intended to be protected and secured hereby for which payment we bind ourselves, our
heirs, executors, successors and assigns, jointly and severally by these presents.
Dated at Dubuque, Iowa, this
duly attested and sealed.
day of , 2013, and
WHEREAS, the said Contractor by a Contract dated
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 7th & White
Street Manhole 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
Bond No. 2171155
CITY OF-DUBUQUE, IOWA-
-
PE • NCE,- PAYMENT AND-AttAINTENANgE, BON..
KNOWN: ALL MEN BY THESE PRESENTS:, That Top Grade Excavating, Incas
Principal (Contractor) and North American Specialty Insurance Company aS Surety are held
firmly bound unto the City of Dubuque, iowa (city), in the penal sum of $58 657 50 ,
the same -being 160%- of thetotal price ofthe Contract for the Project herein referred to,
lawful money of thelinited States of America, well and truly-tote paid to saki 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; Ointly-and severally by these preserits.
Dated.,a(D0buqUe, IOWA, Ilia. ...... ' .dayof 2013, and
duty attested and seal
WHEREAS, the said Contractor by .a'Coritract dated1- 2013 j.
incorporated herein by- reference,- has agreed. With',Said_city._ of Di.ibuotla4o perforrh alt
labor and 'furnish alt materials required to be performed and furnished for & White
Street Manhole •Reconstruction ; Project (the Project) according to the Contract and
Construction Doctimeats prepateci therefore.,
It is expressly understood and agreed- by the Contractor and Surety bond that the
following proviSions are a part of this Bond arid are binding upon said OaritraCtor'Arid.
Surety, to-Wit:-
t. PERFORMANCE BOND-v,,-,The'Conttactor shall:wellaadfaithfUlly
fulfihl and abide. by each -arld'-every'-_Opyenant,; condition pod part of said Contract
and -.Contract. Documents, by reference i-nade:-A part bereot for the Project, and
shell thdeinhifjr.ehd save harmless the City from all outlay and Openselaturred 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 failtire.to perform as required
under the Contract and -Contract Documents by alt its subcontractors, suppliers,
agents, oremployees•-furaiShing :materials or providing labor in the performance of
the:Contract. •
2. PAYMENT -BOND: The; Gen-tractor and ih .. Surety shall paY -all just claims
submitted by persons firms, subcontractors, phd-_oorperetiona'fOrriishirtg.materiala
for or performing labor in the performance of the Coritracf-on-accOurit of-Which_thiA
Bond is givea, inclUdia*, but rfot limited to claims for 0 amounts due for tabor
materials lubribarits-,- oil, -_gasoline, repairs: on machinery, equipment and -tools,
consumed Or used by the Contractor or any subcontractor, wherein the sarrieate.
not -satisfied out--:-of the portion- of the contract price which the City -is required la
retain mitt completion of the improvement,, but Surety Shell not
be liable to said persons, &Ins, 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; -- Codc:of iowa, which by -this reference Is rnadea
pant heredf as thoughAr ly het out herein':
3. MAINTENANCE B ND The Contractor and he Surety hereby a ree, at their own
expense::
A. Te remedy any and ail.defects that rrieydevelap In or result from work to.;be.:
performed under'the Contract within the period 'of Iwo (2): years) from freo the
date of acceptance of the, work. under the 'Contract: by the City Council, of the
City of Dubuqu , lows, by reason, of defects in workrrians hip: or materials
used `in= construction of-said work,
.B To keep:all work in continuous_ goody repair and
To pay the:-..City the reasonable costs of rrlortitoritig and: inspection to assure
that:: any defects : are rerrted-ie, -and to repay the. City ell outlay and expense;
incurred as a result ofContractor's acid Surety's;faiEure to:;reme y any'defect.as
required by this:section.
Contractor's and Surety's agreement herein made extends to defects in
workmanship or I materials.: not discovered or `known: to the City at the time such work:
was accepted;
NOW "HEI EFORE, the 'condition c f'this obligation rs euc t40 if the sa..
Corttraotor shall perfarrn alt ofthe: :work:ccritemplated: by the Contract lie .workmanliidke. ;
manner and in strict compliance with the; plansand specifications, and will pay all claims;
for labor fend materials used in connection with sold: ProjeotijO indemrijfy he sad
ft: 011. damag and expense ncurred by: reaon, of damages_ ``o: persons oty r
property arising_ throughl the performance of:sald Contract and'wilt reimburse, the City
for ehy'outlay of money which It;-may -be required to make in order to complete::said
Contract according to the ConstrtictiOn Documents and will. mairitarn in good repair said
ProJect for the period specified in tl e Contract where this bond is obligated for
maintenance, and will faithf ally comply :with ail of the provisions of Seddon 5 ?3 of the
Code of Iowa,, then tuts obligation_ shalt be null`ancl`void, .otherwise it,hail remain in'fuil-
force and effect..
fail the cariditions oftt4 bond must be fully c lioa withhefdrsthe Contractor
or the: urety ►will b releasetl
The Contract, Contractors Proposal,' and` Construction Documents, shall 1 }e
considered as a part 'of this Bond just es:=if theirterms were repeated herein.
Dated at Dubuque, Iowa this day of ,
_-__ __,--, IOWA �
By:
City Nn� r
n
Top Grade Exoavating, Inc.
wo
, .
North American GPooiaKY]nsurance o9mPgny
- •
Atorney'n-Fan
Holmes Murphy & Associates, Inc.
P.O: Box 92O7. Des Moines, Iowa 5O5U6-92O7
City, State, Zip Code
515'223-6800
Telephane
Anne Crowner
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN,
CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, STACY VENN, LACEY CRAMBLIT and DIONE R. YOUNG
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9th of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
Steven P. Anderson, Senior Vice President of Washington International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
By
David M. Layman, Vice President of Washington International Insurance Company
& Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this25th day of January , 2013
State of Illinois
County of Cook
On this 25th day of January , 2013 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
ss:
North American Specialty Insurance Company
Washington International Insurance Company
4 "OFFICIAL SEAL" _ t
(DONNAD.SKLENS b
(Notary Public, State of Illinois
(My Commission Expires 10/0612015
Donna D. Sklens, Notary Public
I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this
day of ✓?
,20 13
Jeffrey Goldberg, Vice President & Assistant Secretary of
Washington International Insurance Company & North American Specialty Insurance Company