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Contracts, Improvement - Bonds CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT NATIONAL MISSISSIPPI RIVER MUSEUM & AQUARIUM EXPANSION PROJECT FORMER ADAMS COMPANY BUILDING RE-ROOF AND STRUCTURAL REPAIRS THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the day of , 2006, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Tricon General 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 National Mississippi River Museum & Aquarium Expansion Project - Former Adams Company Building Re-Roof and Structural Repairs (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross sections on file in the City Engineer's office for this Project; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5%) of the Contract price shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the specifications including General Requirements and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before November 17, 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 $411,220.00 -- " FURTHER CONDITIONS The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby it has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $750,00 (Seven Hundred Fifty and 00/100 Dollars) as liquidated damages to the City, The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Iowa Code S 573,6, relating to this Contract, which provisions apply to said bond, The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore, The City of Dubuque and the Contractor agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U,S,C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U.S.C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor shall comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). The City of Dubuque and the Contractor agree to comply with all provisions of the Davis-Bacon Federal Prevailing Wage Act and related labor requirements and regulations and the Federal Wage Determination for this Project. The City of Dubuque and the Contractor agree that equipment or products authorized to be purchased with federal funding awarded for this contract must be American-made to the maximum extent feasible, in accordance with Public Law 103- 121, Sections 606 (a) and (b). . CITY OF DUBUPUE, .IOWA By {llJ ({", 11-/~ Ci Manager PRINCIPAL: 17<J(!j);J G&\JWtL totJSTtWcllw By: t~acto~ ~ P12.fSf{JfAJr Title CERTIFICATE OF CITY CLERK This is to ce~if~hat a certifiezpbove Contract has been filed in my office on the," '7 <./ day of '.,{, , 2006. / /-.~ .-/ ',{, . J nne F. Schneider, CMC, City lerk .. Bond No. 2070139 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Tricon General Construction, Inc. as Principal (Contractor) and Nn~hr~~~,;i~~~p~g~cialty as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $411,220.00 the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this duly attested and sealed. 14 day of August , 2006, and WHEREAS, the said Contractor by a Contract dated August 14 , 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 National Mississippi River Museum & Aquarium Expansion Project - Former Adams Company Building Re-Roof and Structural Repairs (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 14 day of August ,2006. CITY OF DUBUQUE, IOWA By: ~1lSL[~f\u City anager PRINCIPAL: --j1Lie.W GnJrML caJ5rRJJ.cnw n::r.ractor By ~-Ad PR.f51 J)ftJi Title SURETY: North American Specialty Insurance Company Su~ompany> . By: . ~~... ~- Signature Thomas O. Chambers Attorney-in-Fact Title Racine, WI 53406 City, State, Zip Code 2620884-6590 Telephone Thomas O. Chambers Attorney In-Fact NAS SURETY GROUP NORTH AMERlCAN SPECIALTY INSURANCE COMP ANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insllrance 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 ofItasca, 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 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 otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed l~e amount of: TEN MILLION (10,000,000.00) DOLLARS This Power of Anomey 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 Intemationallnsurance Company at meetings duly called and held on the 24th of March, 2000: "RESOLVED, that any two oCthe 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." 1.,\\\\\llII/l"'llfl t4t2 ,.,;."~:o'HA:""'" #~rr~ ~'~a_~ ff~~<i\P'~:~v~ ~"fi-V'/-''''v.~'\.~ !~~.'"CP ,#\\\ By -- !~I "'\~ ~.Q i SEAL ~ 0 ~ Steve.. 1'. A..derso.., Presidenl & Chief Exe~ulive Om~er Df W..hingfOn Inter...lion.lln'u..n~e Comnny & a ~ i CORPORATE \ ~ ~ =(1:- 'm- r -t:>~ seAL I...... ~Ul'~ 1973 ""'0.5 Vi~ePresid,,"orNorrhAmeriCllnSp<<;.lryln,unlnceCompa..y :::~ . I; I.~: ~~ "~~ '0:~.(4::'.~I:!~~b'~ .,'7 ~ o{...~.................\....~ ~4'll ON." \\\~'" By p~ ~. "'" * .",. rflll/ll111n\\\\'~ ~ ",...,,,......., David M. ....ym..., Vice P,-e,;de..l orwltihi..tlOn Inlemario..all..,,,,.,...ce Company & Vice P~ide..l orNorth Americ.... Specilllty I..,,,nlnee Company fN 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 International Insurance Company State of lIlinois County of Du Page S5: 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 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 ANS1;l Notar)' PlitJic, Stale qj Oiftcis Mt Commission Exp:ir~s 1l6f2OOB / ".~------ / { 4vu--fZ- Susan Ansel, Notary Public I, James A. Camenter , the duly elected Assistant ecretarv 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 ofa 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 WITNESS WHEREOF, r have set my hand and affixed the seals of the Companies this li day of "A 11']11 c:: t- ,20-0..6-. ~'7J-~~ James A Carpenter. Vi"e President & As,islant Se~"'tary orW..,hingtOll Imemationallll5uran~eCompl<ly & North American Spe~iaJty In'\uran~e Company " . . . . ST ATE OF WISCONSIN ) ) COUNTY OF KEN OSHA ) ON THIS 14th day of AUl!ust, 2006, before me, a notary public, within and for said County and State, personally appeared Thomas O. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney-in-Fact of and for the NORTH AMERICAN SPECIALTY INSURANCE COMPANY, a corporation of NEW HAMPSHIRE, created, organized and existing under and by virtue of the laws of the State of NEW HAMPSHIRE; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. Chambers did acknowledge that he executed the said instrument as the free act and deed of said Company, . . CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That John C. Kaiser Company as Principal (Contractor) and 1m Insurance Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $35,830 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 8th duly attested and sealed. WHEREAS, the said Contractor by a Contract dated July 21, 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 Paint Ham House Trim (the Project) according to the Contract and Construction Documents prepared therefore. day of August , 2006, and 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 8th day of August ,2006. By: PRINCIPAL: John C. Kaiser Company Contractor / /..'/ I l,t~_ // / By: . Ao<,lt:it{fi 'oo--;{> A . Sigrl'ature {/ I 0' (;."} 1 (;o{z./f,1 Title L SURETY: By: //,,:. ( \ Att rney-in-Fact " . 'Tilfe IMT Insurance Surety C ',.~- Dubuque, IA 52001 City, State, Zip Code ".,. , 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. . SPECIAL PROVISIONS An out-of-State contractor, before commencing a contract in excess of $5,000.00, shall, pursuant to Iowa Code 91C.7(2), file a bond with the Division of Labor Services of the Department of Employment Services. The Surety Bond shall be executed by a Surety Company authorized to do business in the State of Iowa, and the bond shall be continuous in nature until canceled by the Surety with not less than 30 days written notice to the contractor and to the Division of Labor Services of the Department of Employment Services indicating the Surety's desire to cancel the bond. The bond shall be in the sum of the greater of the following amounts: a. $1,000.00 b. 5% of the contract price Release of the bond shall be conditioned upon the payment of all taxes, including contributions due under the unemployment compensation insurance system, penalties, interest, and related fees, which may accrue to the State of Iowa or its subdivision on account of the execution and performance of the contract. If any time during the term of the bond the Department of Revenue and Finance determines that the amount of the bond is not sufficient to cover the tax liabilities accruing to the State of Iowa or its subdivision, the Department will require the bond to be increased by an amount the Department deems sufficient to cover the tax liabilities accrued and to accrue under the contract, as provided under Iowa Code 91C.7(2). If it is determined that this subsection may cause denial of Federal Funds which would otherwise be available, or would otherwise be inconsistent with requirements of Federal law, this section shall be suspended, but only the extent necessary to prevent denial of the funds or to eliminate the inconsistency with Federal requirements. @]~r@] ~ . ~ ~ ~ ~ ~ . ~ I 1M! !~!~~~~CE I ~ ~ I POWER OF ATTORNEY No. 3 11 36 I ~ Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. ~ I Know All Persons By These Presents, that [MT Insurance Company (Mutual) a corporation duly organized under the laws of the State of Iowa, and I ~ having its principal office in the City of West Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these f5:j ~ presents make, constitute and appoint ~ ~ John E. Goodmann and Barton P. Brown ~ ~ ~ ~ of DnhnqllP and State of IQW~ its true and lawful Attorney-in-Fact, with full power and ~ ~ authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under- ~ f5:j takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the ~ ~ amount of: ~ ~ One Million Five Hundred Thousand and No/I00 ($1,500,000.00) Dollars ~ ~I and to bind IMT Insurance Company (Mutual) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly ~i\!i F.!I authorized officers of IMT Insurance Company (Mutual), and all such acts of said Attorney-in-Fact, pursuant to the authority herein given, are rcJ ~I hereby ratified and confirmed. ~ ~ This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of ~ ~ Directors of IMT Insurance Compauy (Mutual) un December 18, 1998. ~ ~ ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and ~ ~ :~a~~:~~~~~e~nTt:oo;:~~~:eO~~i::~:~ ::;r:~~g:~:!c~~~;:;tn~~:::c~~::;:~i~~e.;~r::~~:~e~:~t~Onds, undertakings, recognizances, con- ~ ~ ~ ~ ARTICLE VIII, SECTION 5. - The signadtudrel?f any fauthorifzehd o.fficer and the Coo/bordat.e Se~ ml aVYlbIel aSffix~d bY4 fafcshimiBIe toLany POSwehr Ii: ~ of Attorney authorizing the execution an e Ivery 0 any 0 t e Instruments descn e In Artlc e ,ectlOn 0 t e y- aws. uc ~ ~ facsimile signature and seal shall have the same force and effect as though manually affixed. ~ I be hereto :;fi:~~~~::sWhe:e;:~IMT Ins~::n:; co~~:n: (Mutual) has caus:::~se presents '0 he ;;igned by its President and its corporate seal to I ~ ~ ~ IMT I:'Sl~anr Com~any (Mutual) ~ ~ ~~t~~ ~ ~ Richard [(oich, Pre,iJent ~ ~ ~ ~ WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED LOGO. ~ ~} ~ ~ STATE OF IOWA ss: ~ i\!i COUNTY OF POLK '" i\!i ~ I On this 30th day of .Tn Of' 'lU16, before me appeared Richard Keith, to me personally known, ~ ~ who being by me duly sworn did say that he is President of the IMT Insurance Company (Mutual), the corporation described in the foregoing ~ ~ instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed ~ ~ and sealed in behalf of said Corporation by authority of its Board of Directors. ~ ~ In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines, Iowa, the day and year @ i\!i--- = ~. o~ij' L~. TERRY FREDERICK C '" ~ z . ~ COMMISSION NO. 711620 ~ \ ~,~'- ~ I lOW' MY ~~Mf55lff ~/RES Notary Public, P'a1rt:ounty. Iowa I ~ CERTIFICATE ~ ~ ~ ~ I, Newell K. Hart, Secretary of the IMT Insurance Company (Mutual) do hereby certify that the above and foregoing is a true and cor- ~ ~ reet copy 01 f thw~ POWEwRh-OF-fATII Oh RN~, executed by Sath. d tdhe IMdT ffjlnsurdanthce CSomlPanf~!Mcu~lm!\ which is st~lt1\ force and effect. day of ~ liI A{\gul~IfSS ereo , ave ,:d5'O'gto set my an an a IXe e ea o. "ce omparl)' on i ~ ~ ~ .........~uJzs-/~~ ~ I Newdl K. Hart, Secretary I ~ SY 06 06 (06/04) ~ @].@] , CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 21st 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 John C. Kaiser Company, 700 Cedar Cross Road, 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 Paint Ham House Trim 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 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 October 6,2006. 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 $35,830 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 DU?QUE, IOWA By j2Ztv ~/11l-- City Manager PRINCIPAL: By: CERTIFICATE OF CITY CLERK This is to certify that a ce . 'ed cqpy.....of the above Contract has been filed in my office on the.?ff.#~ day of ~X;?, 2006. /~.-- ~ / -:.t/q- /' . '/ anne F. Schneider: CMC, City Clerk