Contracts/Bonds Grand River, Five Flags Arena
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 5th day of July, 2006, between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council
(City) and Dubuque Sign Company 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
Grand River Center Fountain Sign Rehabilitation Project.
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
Page 1 of 8
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
October 15, 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: $44,500
Page 2 of 8
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 $4,450 (Four-Thousand-Four-Hundred-Fifty-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 ~ 573.6, relating to this
Contract, which provisions apply to said bond.
CITY OF DUB~Q.~[;OWi
By (ZelIA LL1);1Z i./""--
City Manager -
PRINCIPAL:
~ bwif,"iV'
Contra or
~'~Y\
Coilff)OY
I
By: %;:H, ~
Signature j
lYlan?lj -e r
Title
Page 3 of 8
CERTIFICATE OF CITY CLERK
This is to certify that a ce . ed oPY of the above Contract has been filed in my
office on the g/-L/day of " 2006.
:d
J ne F. Schneider, CMC, City Clerk
Page 4 of 8
CITY OF DUBUQUE, IOWA
SALES AND USE TAX EXEMPTION CERTIFICATE
The City of Dubuque, as a designated exempt entity awarding construction contracts
on or after January 1, 2003, may issue special exemption certificates to contractors and
subcontractors, allowing them to purchase, or withdraw from inventory, materials for the
contract free from sales tax pursuant to Iowa Code Sections: 422.42 (15) & (16), and
422.47 (5). This special exemption certificate may also allow a manufacturer of building
materials to consume materials in the performance of a construction contract without
owing tax on the fabricated cost of those materials. If the Jurisdiction, at its option,
decides to utilize this exemption option, it will so state by special provision and
publication in the Notice of Hearing and Letting.
1. Upon award of contract, the Jurisdiction will register the contract, Contractor, and
each subcontractor with the Iowa Department of Revenue and Finance; and
distribute tax exemption certificates and authorization letters to the Contractor
and each subcontractor duly approved by the Jurisdiction in accordance with
Section 1030, 1.10, B. These documents allow the Contractor and
subcontractors to purchase materials for the contract free from sales tax. The
Contractor and subcontractors may make copies of the tax exemption certificate
and provide a copy to each supplier providing construction material. These tax
exemption certificates and authorization letters are applicable only for the work
under the contract.
2. At the time the Contractor requests permission to sublet in accordance with said
Section 1030, 1.10, B, the Contractor shall provide a listing to the Jurisdiction
identifying all subcontractors, including the Federal Employer Identification
Number (FEIN) for the Contractor and all subcontractors, as well as the name,
address, telephone number, and a representative of the organization which will
perform the work, a description of the work to be sublet, and the associated cost.
3. The Contractor and each subcontractor shall comply with said Iowa Code Sales
Tax requirements, shall keep records identifying the materials and supplies
purchased and verify that the were used on the contract, and shall pay tax on
any materials purchased tax-free and not used on the contract.
Page 5 of 8
. .
PROJECT INFORMATION REQUIREMENTS FOR
STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES
FOR CONTRACTORS & SUBCONTRACTORS
Submitting Department: BUILDING SERVICES DEPARTMENT
Please complete this form in its entiretv and submit along with the executed Construction Contracts, Bonds and
Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of
Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or
inventory withdrawal of materials for the specified Construction Project free from State of Iowa Sales Tax.
Construction Project Name:
Grand River Center Fountain Sign Rehabilitation Project
Project Description:
I June 22, 2006
I October 15, 2006
I Start Date (Bid let date):
I Completion Date:
1. General Prime Contractor:
Contact Name:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
Dubuque Sign Company
2. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
3. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
PROJECT INFORMATION
PAGE 2
P::::an,::. F;; nf R
4. Subcontractor:
. . Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
5. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
6. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
7. Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
JUl-14-2006 FRI 04:17 PM FRIEDMAN INSURANCE
FAX NO, 563 556 4425
p, 01
FRIEDMAN INSURANCE INC.
202 FISCHER BLDG.
P.O. BOX 759
DUBUQUE IA 52004-0759
(563)556-0272 (563)556-4425
TO: Rich Russell
COMPANY: City of Dubuque
FAX #: 589-0890
FROM: Joni Talsma
RE: Dubuque Sign Co.
DATE: 7/1412006
# OF PAGES INCLUDING COVER: 4
Certificate of insurance to follow. Please let us know if you have any questions.
'dUL-14-2006 FRI 04:17 PM FRIEDMAN INSURANCE
FAX NO. 563 556 4425
P. 02
""ODUCER (563)556-0272
FRIEDMAN INSURANCE INC.
202 FISCHER BlDG.
P.O. BOX 759
DUBUQUE. IA 52004-0759
,.>URED Dubuque S IIn Co","any
McCullough Creative Group.
2099 Southpark Ct.
Dubuque, IA 52003
JlCDRQ. CERTIFICATE OF LIABILITY INSURANCE ~~~:i~~
THIS CERTlI'ICATE IS ISSUED AS A MA".!:" OF INfORMATION
ONLY AND CONFERS NO RIGHTS UPON THI! C!:RlIFlCATI!
HOLDI!R. THIS Cl'RTlfICATE DOES NOT AMI!ND. EXTEND OR
THE 0 AGE AFFORDED OLlC W.
FAX (563)556-4425
Inc.
INSURERS AFFORDING COVI!RAGI'
,NSURiRA: Westfield Colllllanies
INSURiRI> Accident Fund
INIilUFliR c:
IN3U"et\ 0:
INSURER Ii;
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THE POUCIES OF INSURANCE USTOC BE""W HAVE BEEN ISSUEC TO THE INSUREC NAMED ABOVE FOR '!'HE POLICY PERIOD INCICATEO. NOlWlTHSTANDINI
ANY REOUIREM!NT, TERM OR CONCIllON OF ANY CONTRACT OR OTHER COCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFOROED BY THE PCUCIES CESCRIBED HEREIN IS SUSJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAIC CLAIMS, =~
INS" DD' TY,.I! Of IN&UftANCI poUCY NU..llfI POUCV V5il P I DN 1.IMIT8
~""""'UA.IIJTV CWP3535721 11/01/Z005 11/01/2006 ~RRlNCe , 1 000.001
X COMMriRCIAJ.. Bl!NERAL L1ADILITY CAMA ETO RliNTEO $ 100.000
l Cl-AlMS MACE CKJ OCCUFl MED EXP (Any one peraCll\l S 5 000
A I- P~AI.. & NJV IN..II..mY . 1 000 oMl
I- G!NERH. ABQfli:GATE , 2 000 001
n'LAGG~n LIMIT APrlSIF'EA: PROCUCTS. OOMPIOP AQG C 2 000 001
POI-ICY !Il8i <.00
~lItOMOl!lllE U"IUJrY CWP3535721 11/01/2005 11/01/2006 CCMDItteD SINGU: UMIT
~ _ AUTO tEIi*I'*"1 $ 1 000 000
_ AloL. ONNI!D AUTOS 800ILYINJURY $
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- H1REO AUTQ$ BODIL't'INJURY
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:XJ~IIUMIIlR.LU. UAalUTV CWP3535721 11/01/Z005 11/01/2006 '.tCH CCCUFIR&NC5 $ 3 000 000
X OCCUR 0 CI-AlM!i MAD&: ~T6 $ 3 ODD-MIl
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.pLOYUlS' UAIIIUTY 100 001
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OF~IC; ~MI5I!A EXCl.UIJRD? ..L. c~e-"".MPLOV8 . 100 001
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PEel^\.,. OVISIONS IMIIGW 1i,L.. DIS~E. POL.ICY I-IMIT $;
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~SC~PTION PI" OPII!!MTION8/ L~nON$1 V~IC;~E6 i &lCCLU;~& ,lCCID r IiNlJOfa~M!NT '8Pi~I~TfytQIDNS
e ity of Dubuque s an a d tonal insure on general a ity policies inc1.ongoinll . completed
pperations coverage equivalent to ISO CCZOI0 0704 & CGZ037 0704.General liability policy is primary.
rDn-contributing.Form CG2503 0397 "Designated Projects" general liability aggregate lillit shall
'ncld. governmentsl immunities .ndors~nt. Workers compensation includes waiver of subrogation
lin favor of City of Dubuque.
The City of Dubuque
SO W. 13th St
Dubuque. IA 5Z001
SI10ULD "tn' 0.. THE "leVE ~R1B'D peUC11!S ISI CANCIL1.~D DC!IOftE Tt1f.
1iXPmA1l~ DAti lKlReOr. THE ISSUING INSURER WILL ~ MAIl.
..1L DAYS W~N NOT1C! TO THI CiRTllllc"1'1! HOLD!" NAMeD TO THiI.I:FT,
1lilIlilOOI~1l~~1l1l~
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@ACORDCORPORATION1NI
ACORD 25 (2001101)
.JUL-14-2006 FRI 04:17 PM FRIEDMAN INSURANCE
FAX NO, 563 556 4425
p, 03
IMPORTANT
If the certificate holder Is an ADDITIONAL INSURED. the pOllcy(ies) must be endorsed. A statement
on this certificate does not confer rlghli to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED. subjecllO 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 \he reverae side of this fonn dOes not constitute a contract between
the Issuing Insurer(sl. authorized representative or producer, and the certificate holder. nor dON It
affirmallvely or negetively amend. extend or alter the coverage afforded by the polleles listed thereon.
ACORD 25 (2001108)
. . , . ..
FAX NO. 563 556 4425
.'
p, 04
"JUL-~4~2006 FRI 04:17 PM FRIEDMAN INSURANCE
CITY OF PUBUQUE,IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1" Nonwaiver of Govemmentallmmunltv. The In.urance carrier exprB"1y agraes and
stales that the purchase of this policy and the Ineludlng of the City of Dubuque, Iowa
es an Additional Insured does not wain any of the d.fens.. of governmental
immunity available to the City of Dubuque. lowe under Code of Iowa Section 670.4
as It Is now exlsts and as it may be amended from time to time:
2. Claims Covereae. The Insurance carrier further agrees that this polley of In!luranoe
shall cover only those claims not subject to the defense of govemmentallmmunlty
under the Code of Iowa Section 670.4 as It now ex!i1s and as It may be amended
from lime to tIme. Those claims ncl'subjeot to Code of Iowa StGtIon 670.4 shall be
covered by the terms end conditions of this Insurance policy.
3. Assertion of.Govemment Immunltv. The City of Dubuq!le. Iowa shall be responsible
for essertlng any defen$. of govemmentallmmunity. and may do ISO at any time and
shall do so upon the timely written request of the tnsuranoe ~rr1er.
4. Nliln-Oenlal of Coverace. The Insurant. camer shall not deny coverage under this
policy and the Insurance car,rier shall not deny any of the rlgtrts and beneftts
accruing to the City of Dubuque. Iowa under this policy for reasons of govemmentel
Immunity unless and untn a court of competent Jurisdiction hu ruled In favor of the
." , defense(a) of govemment8llmmunlty asserted by t1'le city of Oubuque, Iowa.
No Other Chance In Pollev. The abOve preservation of govemmental Immunities shell
not otherwise change or alter the ooveraga available under the polley.
-
,
Bond No. 2070063
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Hy-Safe Technology as
. . ) North American Specialty S t h Id
Pnnclpal (Contractor and Tn"nrll.nCQ Company ._ as ure yare e
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $82,173 the
same being 100% of the total price of the Contract for the Project herein referred to,
lawful money of the United States of Amenca, 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 22nd
duly attested and sealed.
day of June
, 2006, and
WHEREAS, the said Contractor by a Contract dated June 19,2006, 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 FIve Flags Arena
Fall Protection 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 pnce 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 22nd day of June
,2006.
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMP ANY
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 haying 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 Arizona and having its principal office in the City of 1 tasca,
Illinois, each does hereby make, constitute and appoint:
THOMAS O. CHAMBERS, TODD SCHAAP and KIMBERLY S. RASCH
JOINTLY OR SEVERALLY
lts true and lawful Attomey(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 pennitted by
law, regulation, contract or othenvise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TEN MILLION (10.000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boardsof
Directors of both North American Specialty lnsurance Company and Washington lntemationallnsurance Company at meetings duly called and beld
on the 24th of March, 2000:
"RESOLVED, that any two of the President, any Executive 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."
-"\,,,\\\lutIII1111111. M ","I.:nG'N:4',""",
v~~~ ~ ~~
~'!l~ ........ :'>Y. '0: '~^V'';'---''''4-;;'
$~ro...~&>POff~~~ _ l~/ \1:0;.0;.
I ~ { SEAL \ 0 ~ Sluen P. And~~on, President & Chief Eleeu.i~e Ofiker (IfW..h;ngIDn Inlern.liDn.1 In.uunee CDmpny & i ~ wORPORATE i % ~
~'it~'t, 1973 fhfmg V;<ePresidenlDfNDrlhAmerie.nSpeeiallylnsur.neeComp.ny ;;, SEAL 19~
~~.~ .>.~.:3$ ,~ MlIroli~ /~!
;::; .. "'''lup'Oo';.:#'::;O ~A J .,~ -
~+.(i;..h.......:...&I>'~ /7 ~ ':.-:..... -....... "''''',--'
;;.."./, ON. ~",;\\;;;." P--4"~ ~ -"" * ",--
1Iflll/lrnll\\\\'\~ BY. . ~ ,,,..,,,,,,,,,,,
Onid M. L.yman, Vice P'....idenl Drwnihin~llWllnlema.illnallnSlll"llnee CDmpany &
Vice Presiden. DfNol11l AmeriellO SpeciallY InSlITlInee ComplUlY
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 this 25th day of January , 20~.
North American Specialty Insurance Company
Washington Inte.-nationallnsurance Company
State of Illinois
County of Du Page
SS:
On this 25th day of _ January, 20 ~ before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman,
Vice President of Washington lntemational Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that lhey signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
"OFFICIAL SEAL"
SUSAN ANSEl
NotIry Poohc. SI3Ie Q1 ~I~s
M1 Commiuion ~rl!s 116f2008.
j
/~-
/
t 4u..-J2-
Susan Ansel, Notary Public
I, James A. Carnenter , the duly elected ASSistant ecretarv of North Amencan SpeCIalty Insurance Company and Washmgton
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.
TN Wln.JESS WHEREOF, I have set my hand and affixed the seals of the Companies this~ day of ,Tllnp
, 20.Jl.6
~yg.~~
James A. Carpenter. Vice President & Asmlanl Secretary ofWashinglon lmemational ImuranceCompony &
North American Specially Insurance CDmpllllY
~I
CONTRACTOR REGISTRA TION NO.:
STATE OF IOWA
DIVISION OF LABOR
OUT-OF-STATE CONTRACTOR
PROJECT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
BOND NO. 2070064
THAT Hy-Safe Technology
("Principal ")
Union Grove WI 53182 North American Specialty
, , and Insurance Company
("City & State") ("Surety")
bouud ,)fnto tJje S2i\te '! ~y.'ah ~ivisigf of Labor, as the holder ("Obligee") in the penal sum of Four
Thousana bg'18H~-::~ 19 an ($ 4,108.65 ) lawful money of the United States, to the
payment of which sum, the Principal and Surety firmly bind themselves, their heirs, executors, successors,
assigns and administrators, jointly and severally.
of 960
Commerce Drive
("Mailing Address")
are held and firmly
This obligation arises because the Principal is an out-of-state contractor covered by Iowa Code
Chapter 91 C (2005) and is performing or plans to perform the following work:
Project: Five Flags Arena Fall Protection
Property Owner: Ci ty of Dubuque, IA
Construction Description:
Address:
Contract Price: $ 8 2, 1 73. 00 (copy of contract must be attached showing contract price)
The Principal shall pay all taxes, including contributions due under the unemployment
compensation insurance system, penalties, interest, and related fees, which may accrue to the State of
Iowa, due to the Principal being an out-of-state contractor performing work in Iowa, then this bond to be
void, otherwise to remain in full force and effect.
This bond shall be continuous in nature until cancelled by the Surety with not less than thirty (30)
days written notice to the Principal and to the Division of Labor.
The obligation of this bond shall be operative until released in the manner provided in Iowa Code
Chapter 91 C (2005).
Executed this 22nd
day of June
,20~.
:'-'~h"'~
~
North American Specialty
..LI~ su;rance.~. .p~<p ~ /-.()
<----t'" A:'~c ' '/7/0- /4~
Surety
Thomas O. Chambers,
Attorney-in-Fact
d
NAS SURETY GROUP
NORTH AMERJCAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THA. T 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 Arizona and having its principal office in the City ofltasca,
Illinois, each does hereby make, constitute and appoint:
THOMAS O. CHAMBERS, TODD SCHAAP and KIMBERLY S. RASCH
JOINTLY OR SEVERALLY
Its true and lawful Attomey(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 ofa 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 othel'Vlise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of:
TEN MILLION (10,000,000.00) DOLLARS
This Power of Anorney 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 24lh of March, 2000:
"RESOLVED, that any two of the President, any Executive 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 nwned in the given Power
of Anomey 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 RESOL YED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Anomey 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."
~\",\\IIlIIl""JIII. ri4a- '\\"'~O'NA1"1"'~
*-<1' c","UTY I. 't-I; "\\~'" I", "~,
t4.~Oii;;~~ I's-Y--':::'~i-~
~t:" SEAL ~ \ ~ ~ Sl~ven P. And~~on, PreJidenr & Chid Execulive Officer of WashingTon InlernalionallnJurance Company &. f ~ i CORPORATE ,.~ ~
:::u.I';" 1973 lU:n~ VicePresidenTolNorlhAmeriunSpecialtylnsuraneeCompany :O'll'WE.Al 1~:
\;:~>~t~ ~~~O! \. 1{" .lRIZOM~ /$/
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~41. ON.)..' ~\\~ V--~ r- "" * ..."
:r"I'''lIl1l\\\I.\'~ . , - I..""........".
By
David M. Layman, Viee ,.~Jident orWUhinllon Inlemal;Onallll511nmee Company &.
Viee prqidenl orNllrth American Spetiuly lnsul"llnce Company
IN WITNESS WHEREOF, North American Specialty lnsurance Company and Washington International Insurance Company have caused their
official seaJs to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of January , 20~.
North American Specialty Insurance Company
Washington International Insurance Company
State ofIllinois
County of Du Page
ss:
On this 25th day of January . 20..Q2..., before me, a Notary Public personally appeared Steven P. Anderson ,President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M, Layman ,
Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
"OFFICIAL SEAL"
SUSAN ANSEl
NolaryPtAlllc,Sla1eQlAinciS
Uy Commission Expirt$ll6f2OO8
/ /
,~~ t4~
Susan Ansel, Notary Public
l, James A. Caroenter ,the duly elected AssistanTSecretarv of North American Specialty Insurance Company and Washington
lntemational lnsurance Company, do hereby certify that the above and foregoing is a true and correct copy ofa Power of Attorney given by said North
American Specialty lnsurance Company and Washington International Insurance Company, which is still in full force and effect.
TN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this R day of June ,20---.0....6
~~/3~
James A. CMJlI"ler, Vice Presidenl &. A5JiJ\an1 Secrt!la1)' of Washinglr;,n !nlemalionalln.urance Comp.,y &
Nonh Au,enean Specialty In'UTllIICe Company
,~un-22-06 lO:46A
P.02
"
L\ COpy
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made In triplicate, dated for
reference purposes the 19th day of June, 2006, between the City of Dubuque. Iowa, by
its City Manager, through authority conferred upon the City Manager by its City Council
(City) and Hy-Safe Technology of the City of Union Grove. Wisconsin
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 Five
Flags Arena Fall Protection 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 Documents all of which provisions and documents are each and all
hereby made a part of this Contract just as much as if the detailed statements
thereof were repeated herein
2. Contract Documents shall mean and include the following: All ordinances and
resolutions heretofore adopted by the City Council having to do with the Project; the
Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications. and
General Requirements as adopted by the City Council for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several
kinds and shall be put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as
defective or improper, or any of said work condemned as unsuitable or defective,
and the same shall be replaced or done anew to the satisfaction of the City Manager
at the cost and expense of the Contractor
5. Five percent (5%) of the Contract price shall be retained by the City for a period of
thirty (30) days after final completion and acceptance of the Project by the City
Council to pay any claim that may be filed within said time for labor and materials
done and furnished in connection with the performance of this Contract and for a
longer period if such claims are not adjusted within that time, as provided in Iowa
Code Chapter 573. The City shall also retain additional sums to protect itself against
any claim that has been filed against it tor 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
I .
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 11, 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 $ 82,173
J~n-22-06 lO:46A
P.03
~'. . ..
'l
FURTHER CONDITIONS
The Contractor hereby represents and guarantees that it has not, nor has any
other person for or in its behalf, directly or indirectly, entered into any arrangement or
agreement with any other bidder, or with any public officer, whereby it has paid or is to
pay any other bidder or public officer any sum of money or anything of value whatever
in order to obtain this Contract; and it has not, nor has another person for or in its behalf
directly or indirectly, entered into any agreement or arrangement with any other person,
firm, corporation or association which tends to or does lessen or destroy free
competition in the letting of this Contract and agrees that in case it hereafter be
established that such representations or guarantees, or any of them are false, it will
forfeit and pay not less than ten percent (10%) of the Contract price but in no event be
less than $100.00 (One Hundred Dollars) as liquidated damages to the City.
The surety on the bond furnished for this Contract, shall in addition to all other
provisions, be obligated to the extent provided for by Iowa Code S 573.6, relating to this
Contract, which provisions apply to said bond,
The Contractor agrees, and its bond shall be surety therefore, that it will keep
and maintain the Project in good repair for a period of two years after acceptance of the
same by the City Council and its bond shall be security therefore.
CITY OF DUBUQ~E. 10W~
By /J~~c/I L(l,lI
~ager
PRINCIPAL:
-S~~
By:
ignature
-D-~~C;U'
Tille
CERTIFICATE OF CITY CLERK
This is to certify that a c
office on the d~~ day of
py of the above Contract has been filed in my
,2006.