Improvement Contracts & Bonds
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Smith Seeding, Inc. as
Principal (Contractor) and United Fire and Casualty Company as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $240,657 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 5th day of September, 2006, and duly attested and
sealed.
WHEREAS, the said Contractor by a Contract dated September 5, 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 Highway
20 Landscaping Project, Phase II (the Project) according to the Contract and
Construction Documents prepared therefore.
It is expressly understood and agreed by the Contractor and Surety bond that the
following provisions are a part of this Bond and are binding upon said Contractor and
Surety, to-wit
1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform,
fulfill and abide by each and every covenant, condition and part of said Contract
and Contract Documents, by reference made a part hereof, for the Project, and
shall indemnify and save harmless the City from all outlay and expense incurred by
the City by reason of the Contractor's default of failure to perform as required. The
Contractor shall also be responsible for the default or failure to perform as required
under the Contract and Contract Documents by all its subcontractors, suppliers,
agents, or employees furnishing materials or providing labor in the performance of
the Contract.
2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this
Bond is given, including but not limited to claims for all amounts due for labor,
materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools,
consumed or used by the Contractor or any subcontractor, wherein the same are
not satisfied out of the portion of the contract price which the City is required to
retain until completion of the improvement, but the Contractor and Surety shall not
be liable to said persons, firms, or corporations unless the claims of said claimants
against said portion of the contract price shall have been established as provided
by law. The Contractor and Surety hereby bind themselves to the obligations and
conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a
part hereof as though fully set out herein.
3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the period of two (2) year(s) from the
date of acceptance of the work under the Contract by the City Council of the
City of Dubuque, Iowa, by reason of defects in workmanship or materials
used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the City the reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the City all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
Contractor's and Surety's agreement herein made extends to defects in
workmanship or materials not discovered or known to the City at the time such work
was accepted.
NOW, THEREFORE, the condition of this obligation is such that if the said
Contractor shall perform all of the work contemplated by the Contract in a workmanlike
manner and in strict compliance with the plans and specifications, and will pay all claims
for labor and materials used in connection with said Project, to indemnify the said City
for all damages, costs and expense incurred by reason of damages to persons or
property arising through the performance of said Contract, and will reimburse the City
for any outlay of money which it may be required to make in order to complete said
Contract according to the Construction Documents and will maintain in good repair said
Project for the period specified in the Contract where this bond is obligated for
maintenance, and will faithfully comply with all of the provisions of Section 573 of the
Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full
force and effect.
All the conditions of this bond must be fully complied with before the Contractor
or the Surety will be released.
The Contract, Contractor's Proposal, and Construction Documents shall be
considered as a part of this Bond just as if their terms were repeated herein.
Dated at Dubuque, Iowa this 20th day of September
,2006.
CITY OF DUBUQUr, IOWA 'I
By (1Je ~^' i~
City Manager
PRINCIPAL:
SMITH SEEDING, INC.
Contractor
By ~./J:' ;I"
Signature ,~
Chris Ploessl, Vice President
Title
SURETY:
UNITED FIRE AND
Surety Company
By:
Si
Judy K. Moeller, Attorney in Fact
Title
West Point, Iowa 52656
City, State, Zip Code
319-837-6178
Telephone
Judy K Moeller
Attorney In-Fact
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company - See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and
existing under the laws of the State of Iowa, and having Its principal office In Cedar Rapids, State of Iowa, does make, constitute and
appoint
aONALD J. FULLENKAMP, oa JUDY K. HOELLEa, oa JILL A. GAaHOE, oa CHRISTOPHEa B. FULLENKAMP, ALL
INDIVIDUALLY or WEST POINT IA
its true andilaWfui AttorDey(s)-ll1-Fact wlt~ power and authority lwret>y conferred to sign, seal and execute in Its t>ehalf all lawful
t>onds, un~",rt"klngsandoth,:r pt>lfgatory In~;trUm,:nts of similar nature as follow~: Any and An Bonds
and!obind.UNITEDFIRE;&CP,sUAL TY COt;1PANY theret>y as fully and to the. same. extent as if such Instruments were signed by
the duly authorized officers of UNITED FIRE & CASUAL TYCOMPANY and all the acts of said Attorney, pursuant to the authority
heret>y given are heret>y ratified an~confirmed.
The Au!hority hli!ret>y granted. is. contiNuOUS al1dsnall remaihin full. force and . effect until revokedt>y UNITED FIRE &
CASUALTY COMPANY.
This poweiofA~orneyis mad",an~execut"d pursuant to andbyautnority oftne following By-Law duly adopted by Board of
Dire~tl! oftheyomPanyon ApriI1~,J973.
'\Artlcle V ,Surety Bonds and Und"rtaklngs"
Section 2,AppointmentofAttorney-in-Fact. "The President or any Vice President, or any other officer of the Company may,
from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies
ofin~urandEi, bOn~$,undertakings and other obligatory Instruments of like nature. The signature of any officer authoriz",d
h",ret>Y, and. th", Corp9r1lte seal, may t>e affixed by facsimile to any power of attorney or special power of attorney <:"
certification of ",itger authorized hereby; such signature and seal, when so used, being adopted by the Company as the
orlgiD.~lsignature9f such9fficer and the original seai of the Company, to t>e valid and binding upon the qompanywith the
sam", fQ.r~eandeffect ~s though manually affixed. Such attorneys-In fact, subject to the limitations set forth in their
respectivecertiflcatli!sof authority shall have full power to bind the Company t>y their signature and execution of ahy such
instruments and to attach the seal of the Company thereto. The President or any Vice President, the Board of Directors or
any ~;gerOffiCli!ro!th,:Pompany may at any time revoke all power and authority previously given to any attorney-in-fact.
~...... IN WlTNE;Sl:; V<iHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these pres",nts to be signed by
~. .~..~"t..\...it~.~IP. ",p.. residen. t.... and its corporate seal to t>e hereto affixed this 28th day O.f Octoper, 2004
CO~TE \\\ ....... .. " . '.
{".i.u: IJ> . . UNITED FIRE & CASUALTY COMPANX
.~ ."....
.~,~
By
44q~
Vice President
State of Iowa, County of Linn, ss:
Ol'l/28t.hdciy,::":_of Oct61::u;;ft,,:20P1't before me personally came Randy A. RamIo
to me known, who t>eing by me duly sworn, did depose and say; that he reSides in Cedar Rapids, State of Iowa; that he is a Vice
President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of said corporation; that the seal affixed to the said instrument Is such corporate seal; that it was so affixed
to authority given by the Board of Directors of said corporation and that he signed his ame thereto pursuant to like
and acknowledges same to t>e the act and deed of said corporation. ~l a . Si~
tA'1 COM~:~~~=.l21S ~~tary Publi an
'~. ....' \:i)1C:'J.f;-'tJf' . My commis i
I. the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the foregoing copy
.of the Power of Attorney and affidavit, and the copy of the Sectioh of the by-laws of said Company as sat forth in said Power of
Attorney, with the ORIGINALS. ON FILE IN THE HOME OFFICE OF SAID COMPANY, 'and that the same are correct transcripts
thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and Is now in full force and
effect.
}:>>:-::::c::' -::,::;:,:::
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company
;;\,,,~" "' ,.,,~,.. "",- A
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BONDOO1901lO2
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction,
Inc. as Principal (Contractor) and United Fire & Casualtv Companv as
Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal
sum of $282,680.25 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
and duly attested and sealed.
day of
,2006,
WHEREAS, the said Contractor by a Contract dated _ day of
, 2006, incorporated herein by reference, has agreed with said City
of Dubuque to perform all labor and furnish all materials required to be performed
and furnished for the Loras Boulevard Traffic Signalization Replacement Project
(the Project) according to the Contract and Construction Documents prepared
therefore.
It is expressly understood and agreed by the Contractor and Surety bond
that the following provisions are a part of this Bond and are binding upon said
Contractor and Surety, to-wit:
1. PERFORMANCE BOND: The Contractor shall well and faithfully observe,
perform, fulfill and abide by each and every covenant, condition and part of
said Contract and Contract Documents, by reference made a part hereof, for
the Project, and shall indemnify and save harmless the City from all outlay
and expense incurred by the City by reason of the Contractor's default of
failure to perform as required. The Contractor shall also be responsible for
the default or failure to perform as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees
furnishing materials or providing labor in the performance of the Contract.
2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing
materials for or performing labor in the performance of the Contract on
account of which this Bond is given, including but not limited to claims for all
amounts due for labor, materials, lubricants, oil, gasoline, repairs on
machinery, equipment and tools, consumed or used by the Contractor or any
subcontractor, wherein the same are not satisfied out of the portion of the
contract price which the City is required to retain until completion of the
improvement, but the Contractor and Surety shall not be liable to said
persons, firms, or corporations unless the claims of said claimants against
said portion of the contract price shall have been established as provided by
law. The Contractor and Surety hereby bind themselves to the obligations
and conditions set forth in Chapter 573, Code of Iowa, which by this
reference is made a part hereof as though fully set out herein.
3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at
their own expense:
A. To remedy any and all defects that may develop in or result from work
to be performed under the Contract within the period of two (2) year(s)
from the date of acceptance of the work under the Contract by the City
Council of the City of Dubuque, Iowa, by reason of defects in
workmanship or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the City the reasonable costs of monitoring and inspection to
assure that any defects are remedied, and to repay the City all outlay
and expense incurred as a result of Contractor's and Surety's failure to
remedy any defect as required by this section.
Contractor's and Surety's agreement herein made extends to defects in
workmanship or materials not discovered or known to the City at the time such
work was accepted.
NOW, THEREFORE, the condition of this obligation is such that if the said
Contractor shall perform all of the work contemplated by the Contract in a
workmanlike manner and in strict compliance with the plans and specifications,
and will pay all claims for labor and materials used in connection with said
Project, to indemnify the said City for all damages, costs and expense incurred
by reason of damages to persons or property arising through the performance of
said Contract, and will reimburse the City for any outlay of money which it may
be required to make in order to complete said Contract according to the
Construction Documents and will maintain in good repair said Project for the
period specified in the Contract where this bond is obligated for maintenance,
and will faithfully comply with all of the provisions of Section 573 of the Code of
Iowa, then this obligation shall be null and void, otherwise it shall remain in full
force and effect.
All the conditions of this bond must be fully complied with before the
Contractor or the Surety will be released. .
The Contract, Contractor's Proposal, and Construction Documents shall
be considered as a part of this Bond just as jf their terms were repeated herein.
Dated at Dubuque, Iowa this 8th
day of September
,2006.
CITY OF DUBU/tE, FCA I
By l t/,v~ l i1JI,'/hJ,..//
City Mana er
PRINCIPAL:
Portzen Construction, Inc.
By: C:;ltod: O~
Si~:~?>(}' ,<- J .
/f"A_ . k. /1PM--'
Titl~ /
SURETY:
United Fire & Casualty Company
Surety Company
By; &~ ~ k'fJQ~
Signature
Attorney-in-Fact
Title
DubuQue. IA 52001
City, State, Zip Code
(563)556-5441
Telephone
f{;~. Ii (;)~
Attom~
UNITED FIRE & CASUALTVC01.I1PANY
::l:IqMEOFFICE -CEDAR RAPID$:, .IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original On file at Home Office of Company - See Certification)
" ",',"', ,'-, "
KNOW All MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY"acorporation duly o(ganized and existing
under the laws ofthe State of Iowa, and having Its principal office in Cedar Rapids, Slate of Iowa, does make, constnute and appoint'
DAVID FRITZ, ml DIlII!A K HEDRICK, ml J:i;ITH II SINtlBERG, OR CIWlLES J ANDRACCHIO, O.,IVIA R SCHIIITT, DR
KII!BERLY A WIELAIID, OR KEVIN., EHRLICH, ALL IIIDIVIDUALLY of DUBUQUE IA
ns true and lawful Attorney(s)-In-Fad wtth power and authority herilby'Conferred to,sign, seal and exeoute:ln lis behalf aU laWful bonds,
underlakings and other obligatory instruments of similar nature as follows: 'Any an~ .AJ.J: Bonlls .' ' ,.... .' ..
and to 'bind UNITED FIRE & CASUAL TV COMPANY thereby astUUy and to the same extent as if such Instruments were:slgned by the
duly authorized officers of UNITED FIRE & CASUAL TV COMPANY and all the acts of said Attorney, pursuant to the authority hereby
.glven are here!:!y rat.lfied and confirmed,. ., :" .
The Authority hereby granted is.contlnuous and shall remain,in full force and effect untH-revoked 'by UNITED FIRE &
CASUAL.TVCOMPANY.. . .' ',:'. . ,"',: ,,',,:' " _,'
: . This power,of Attorney is made and executed pursuarit'lo and by a\llhorily otthe follaWlrrg By-Law auly adopted by Board of
Directol'$oftheCompanyonApriI18,1973.," .' :." .'" : ' ....
.' "Article V - Surety Bonds and Undertakings"
Section 2, Appointment of Attorney-in-Fact. "The President or. any Vice President, or any other officer of the Company may,
from time to .time, appoint by written certificates attorneys-in-fact to act In behalf of the Company in the execution of policies of
insurance, bonds, 'un<lertakings and other obligatory instruments'of'like nature. The signature of any o1t1cer authorized ooreby,
and tbe Corporate seal, may be affixed by facsimile to any power ofattomey or special pO'(ier of attomey,or certification of
enl)er authorized 'hereby; such signature and seal, When so used, being adopted by the Company,as the original sigllature of
such Officer and the original seal of the ,Company, to be valid and binding upon the Company with the same force,and 'effect as
. though manuallYllfllxed. 'Such attorneys-in fact, subject to th",liin~ations set forth in their respective certlflcates,ofauthOrity.
. shall have full power to bind the Company by their Signature and execl,ltlon of any such instruments and to attach the seal of
the Company thereto. The President or any Vice President, the Board of Directol'$ or any other officer of the Company may at
any time revoke'aU power,and authority .previously given to any attomey-in-fact. .
~,
'?' . ,:, '; : ,::.;::, .: ':',:. ~,' --: , ,-,' - -'-, ,: :,.- .'
UNITED FIRE & CASUAL TV COMPANY.' ' '
State of'lowa, County'of Linn; ss:
," " -,- '-. ..'.
. ,.,. ".
. By'~~q
Y2t: 'Vi<;t Prelildenl
. .. p' '., ".
On 27tll ~y of April, Z006 ,: 'before me persona1J.y came Randy A. Ramlo , " . ' ': .
to me knO\Vn, WhO baing by me duly sworn, did depose and say; that he resides In Cedar 'Rapids, State of Iowa; ttiat.he.is a Vice ..
President of the UNITED FiRE &. CASUAL TV COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of said corporation; that.the seal affIXed to the said instrument is such corporate seal; that it was so affixed pursuant
. to authority giveri by the:Soard ofDfractors of1<aid,corporatlon and that he signed'hi e'tneretopurs'uant to 1ike ,authority,and
ackrl<?Wledges semI/to Iietneactand'd~d'6.fsaid corpoia1ion. :' .: /-a,' Ub'j"C'~" cJ. L.. () On ()()
.. . .AATTlWADOEIJ...., . . ~
'i- _..18IlQIl 'I'" Y commission expires: 10/26/2.0~7
:~; "r~~le;:~~
ow r ==
,. <;,::,:.. ,.. _.<..:. ",." ~:,-" f" ,_.
~.t~iindersignedoflloer:9f llfeliN/TEO F:IRE ~ CASUAqy COMPANY,.dohereby ~ifY'thatl have compared the for&iiOi1)g ":lpyof
the poWer of AttotileY'an<laf:fjdavit,and tha'copy ofihe Seetion of the by~Jaws 01 said Company assetforth in sllid Power of Attorney,
,withthl/ ORIGINALS ON FlLE IN THE HOME OFFICE OF SAID COMPANY('andlhllt the same are correct transcrip.ts thereof, and of
. the Whole, tlt ttle said Ori9lnllls, and that the said Power of AjtOrney has nbt bilen.ravokedand is now in full force and'effect, ' .
. -.,::::"X.::'; :":/:::.:. '-:.::::<::::-;":::'_,:-.:...-' :-:~,<"::'?,/-':', - '~,"',:'"_,-?".,.-:.,, ,"_:::_,':,\':-':: "':':"-,", ":-"....:-:.,.,....- ",., ':,:",:,:,,:' "-::::::-:--..' ,,':
In' testimon'y Whereof I have hereunto subscribed my name and affixed the corporate 'seal of the sald'Company
..,.......2 " t?is8th d~yof ~e.Pte~her. 20 ~. .. ';'
'.:~">;}# ?~ j,'
p~/7'i/ /j7f,", Se~etary;
. - --,'
BONDOOt90a02 01
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
CSR DH DATE (MMfDDNYYYJ
PORTZ-1 09/07/06
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA TE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
TRICOR, Inc. - Dubuque
PO Box 1810, 500 Iowa Street
Dubuque IA 52004-1810
Phone: 563-556-5441
INSURED
, INSURER A
INSURER B
INSURER C
INSURER 0
INSURER E
West Bend Mutual Ins. Co
i
i NAIC #
15350
INSURERS AFFORDING COVERAGE
Portzen Construction Inc
205 Stone Valley Dr.
Dubuque IA 52003
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VVHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
'"'"""'0' PD~1'l1MMIDDr/Y\~ PgktCEYt~t[,boNY~~
L TR INSR TYPE OF INSURANCE POLICY NUMBER LIMITS
~NERAL LIABILITY EACH OCCURRENCE .1,000,000
A X X COMMERCIAL GENERAL LIABILITY CPI061671604 12/31/05 12/31/06 I PREMISES (Ea occurence) .200,000
.__~~ CLAIMS MADE ~ OCCUR MED EXP (Anyone person) .10,000
~N'L AGG~'fxl'~L1MIT APPLIES P,R PERSONAL & ADV INJURY .1,000,000
GENERAL AGGREGATE . 2,000,000
PRODUCTS - COMPIOP AGG .2,000,000
II PRO. n,
I POLICY X JECT LOC
if'10MOBIL'L1ABILlTY COMBINED SINGLE LIMIT .1,000,000
A 'X ANY AUTO CPI061671604 12/31/05 12/31/06 (Eaaccidenl)
~ ALL OWN'O AUTOS BODILY INJURY
(Per person} .
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY
(Per accident} ,
, NON-OWNED AUTOS
I q PROPERTY DAMAGE .
! (Per accident}
j RRAG' LIABILITY AUTO ONLY - EA ACCIDENT ,
, ANY AUTO OTHER THAN EA ACC .
! AUTO ONLY AGG ,
I
L~~ESS/UMBRELLA LIABILITY I EACH OCCURRENCE .10,000,000
A F-I OCCUR 0 CLAIMS MADE , CPI059879603 12/31/05 12/31/06 AGGREGATE .10,000,000
,
q DEDUCTiBLE .
:X RETENTION . WAIVED .
I WORKERS CO-MPENSATlON AND X !Tb",\'/!,~:+'i! 1"W
; EMPLOYERS' LIABILITY YRI059878703 12/31/05 12/31/06 .500000
A I ANY PROPRIETOR/PARTNER/EXECUTIVE E_l. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E_l. DISEASE. EA EMPLOYEE .500000
iifyeS,deScribeUnder E.L DISEASE - POLICY LIMIT .500000
SPECIAL PROVISIONS below
I OTHER i
A ! West Bend Mutual I CPI061671604 12/31/05 12/31/06 Rental
RENTED/LEASED EQUIPMENT Equipment 150,000
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The City of Dubuque is an addt1 insured on gen liab policies incl ongoing &
completed operations as well as being primary & non-contributing per form
WB1482&CG2037- Form CG1503 0397"Designated Projects ligen liab aggr limit form
attached. Governmental Immunites End. attached. Waiver of Subrogation in favor
of the City of Dubuque-Project:Loras Blvd Traffic Signalization Replacement
CERTIFICATE HOLDER
CITYDBQ
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
Ci ty of Dubuque
50 W. 13th St.
Dubuque IA 52001
AUTHORIZED REPRESENTATIVE
Keith M. Sindbe
ACORD 25 (2001108)
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)
.
.
.
CP1061671604
121
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CHANGE ENDORSEMENT
WBI00 A PAGE 1 OF 1
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. NONWAIVER OF GOVERNMENTAL IMMUNITY. THE INSURANCE CARRIER EXPRESSLY AGREES
AND STATES THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF
DUBUQUE, IOWA AS AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF
GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY OF DUBUQUE, IOWA UNDER CODE OF IOWA
SECTION 670.4 AS IT IS NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME.
2. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF
INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF GOVERN-
MENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT
MAY BE AMENDED FROM TIME TO TIME. THOSE CLAIMS NOT SUBJECT TO CODE OF IOWA
SECTION 670.4 SHALL BE COVERED BY THE TERMS AND CONDITIONS OF THIS INSURANCE
POLICY.
3. ASSERTION OF GOVERNMENTAL IMMUNITY. THE CITY OF DUBUQUE, IOWA SHALL BE
RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY, AND MAY DO SO
AT ANY TIME AND SHALL DO SO UPON THE TIMELY WRITTEN REQUEST OF THE INSURANCE
CARRIER.
4. NON-DENIAL OF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE UNDER
THIS POLICY AND THE INSURANCE CARRIER SHALL NOT DENY ANY OF THE RIGHTS AND
BENEFITS ACCRUING TO THE CITY OF DUBUQUE, IOWA UNDER THIS POLICY FOR REASONS OF
GOVERNMENTAL IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS
RULED IN FAVOR OF THE DEFENSE(S) OF GOVERNMENTAL IMMUNITY ASSERTED BY THE CITY
OF DUBUQUE, IOWA.
NO OTHER CHANGE IN POLICY. THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES
SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY.
WB 100 06 BS
West Bend Mutual Insurance Company
West Bend, Wisconsin 53095
::;PI061671604
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - CONTRACTOR'S BLANKET
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. WHO IS AN INSURED (Section II) is amended
to Include as an additional insured any person or
organization whom you are required to add as an
additional insured on this policy under a written
contract or written agreement.
The written contract or written agreement must
be:
1. Currently in effect or becoming effective dur-
ing the term of this policy; and
2. Executed prior to the "bodily injury," "property
damage," "personal injury and advertising in-
jury."
B. The insurance provided to the additional insured
is limited as follows:
1. That person or organization is only an addi-
tional insured with respect to liability arising
out of:
a. Your premises;
b. "Your work" for that additional insured; or
c. Acts or omissions of the additional insured
in connection with the general supervision
of "your work."
2. The Limits of Insurance applicable to the
additional insured are those specified in the
written contract or written agreement or in the
Declarations for this policy, whichever is less.
These Limits of Insurance are inclusive and
not in addition to the Limits of Insurance
shown in the Declarations.
3. Except when required by written contract or
written agreement, the coverage provided to
the additional insured by this endorsement
does not apply to:
a. "Bodily injury" or "property damage" occur-
ring after:
(1) All work on the project (other than
service, maintenance or repairs) to be
performed by or on behalf of the addi-
tional insured at the site of the covered
operations has been completed; or
(2) That portion of "your work" out of which
the injury or damage arises has been
put to its intended use by any person or
organization other than another con-
tractor or subcontractor engaged in
performing operations for a principal as
part of the same project.
b. "Bodily injury" or "property damage" arising
out of acts or omissions of the additional
Insured other than in connection with the
general supervision of "your work."
4. The insurance provided to the additional in-
sured does not apply to "bodily injury," "prop-
erty damage," "personal injury and advertising
injury" arising out of an architect's, engineer's,
or surveyor's rendering of or failure to render
any professional services including;
a. The preparing, approving, or failing to
prepare or approve maps, shop drawings,
opinions, reports, surveys, field orders,
change orders or drawings and specifica-
tions; and
b. Supervisory, or inspection activities per-
formed as part of any related architectural
or engineering activities.
WB 14820606
West Bend Mutual Insurance Company
West Bend, Wisconsin 53095
Page 1 of 2
C. As respects the coverage provided under this
endorsement, Paragraph 4.b. SECT/ON IV _
COMMERCIAL GENERAL LIABILITY CONDI-
TIONS is amended with the addition of the fol-
lowing:
4. Other insurance
b. Excess Insurance
This insurance is excess over:
Any other valid and collectible insurance
available to the additional insured whether
primary, excess. contingent or on any
other basis unless a written contract spe-
cifically requires that this insurance be ei-
ther primary or primary and noncontribut-
ing. Where required by written contract,
we will consider any other insurance
maintained by the additional insured for
injury or damage covered by this en-
dorsement to be excess and noncontrib-
uting with this insurance.
When this insurance is excess, as a con-
dition of coverage, the additional insured
shall be obligated to tender the defense
and indemnity of every claim or suit to all
other insurers that may provide coverage
to the additional insured, whether on a
contingent, excess or primary basis.
Page 2 of 2
West Bend Mutual Insurance Company
West Bend, Wisconsin 53095
WB 1482 06 06
Policy #CPI061671604
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
City of Dubuque
50 W 13th St.
Dubuque, IA 52001
Location And Description Of Completed Operations
Cedar St/Dogtrack Lift Station
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Section " - Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only with
respect to liability for "bodily injury" or "property dam-
age" caused, in whole or in part, by "your work" at
the location designated and described In the sched-
ule of this endorsement performed for that additional
insured and included in the "products-completed
operations hazard".
CG 20 37 07 04
@ ISO Properties, Inc., 2004
Page 1 of 1
. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY
we 00 03 13 (Ed 04 \'4)
. WAIVER Of OUR RIGHT TO RECOVER fROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
HY-VEE WEITZ CONSTRUCTION, LC II. HYVEE, INC
CITY OF DUBUQUE
CARL A NELSON II. COHPANY
TRICON CONSTRUCTION II. FINLEY HOSPITAL
CONAGRA FOODS II. ITS SUBSIDIARIES
CITY OF CLl NTON
T5W, LLC, Renewal Energy Group
.
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.
(The information below is required OIlly when this endorsement is issued subsequent to preparation of the policy.)
Endorsemert Effec~ve
Insured Portzen Construction, Inc.
Policy No.
CPI061671604
Endorsement No.
Premium $
Insurance Company
Countersigned by
West Bend Mutual Insurance Company
.
we 000313 (04 84)
Copyright 1983, National Council on Compensation Insurance, Inc;.
Page 1 of 1
.
.
.
COMMERCIAL GENERAL LiABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY.
DESIGNATED CONSTRUCTION PROJECT(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
DESIGNATED CONSTRUCTION PROJECTS,
YOUR PROJECTS AWAY FROM PREMISES OWNED BY OR RENTED TD YOU.
A.
For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under Coverage A (Section I), and for
all medical expenses caused by accidents un-
der Coverage C (Section I). which can be attri-
buted only to ongoing operations at a single
designated construction project shown in the
Schedule above:
1. A separate Designated Construction
Project General Aggregate Limit applies to
each designated construction project, and
that limit is equal to the amount of the
General Aggregate Limit shown in the
Declarations.
2, The Designated Construction Project Gen-
eral Aggregate Limit is the most we will pay
for the sum of all damages under Coverage
A, except damages because of "bodily in-
jury" or "property damage" included in the
"products-completed operations hazard",
and for medical expenses under Coverage
C regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Pe,rsons or organizations making
claims or bringing "suits".
3.
Any payments made under Coverage A for
damages or under Coverage C for medical
expenses shall reduce the Designated
Construction Project General Aggregate
Limit for that designated construction
project. Such payments shall not reduce
the General Aggregate Limit shown in the
Declarations nor shall they reduce any
other Designated Construction Project
General Aggregate Limit for any other des-
ignated construction project shown in the
Schedule above.
The limits shown in the Declarations for
Each Occurrence, Fire Damage and Med-
ical Expenses continue to apply. However,
instead of being subject to the General Ag-
gregate Limll shown in the Declarations,
such limits will be subject to the applicable
Designated Construction Project General
Aggregate Limit.
4.
(If no entry appears above, information required to complete this endorsement will be shown in the Declara-
tions as applicable to this endorsement.)
CG 2503 03 97
Copyright, Insurance Services Office, Inc., t996
Page 1 of 2
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
LORAS BOULEVARD TRAFFIC SIGNALIZATION
REPLACEMENT PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the day of , 2006, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager
by its City Council (City) and Portzen Construction, Inc. of the City of Dubuque, Iowa.
For and in consideration of the mutual covenants herein contained, the parties
hereto agree as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the
Loras Boulevard Traffic Siganlization Replacement 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
November 1, 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 $282,680.25
FURTHER CONDITIONS
The Contractor hereby represents and guarantees that it has not, nor has
any other person for or in its behalf, directly or indirectly, entered into any
arrangement or agreement with any other bidder, or with any public officer,
whereby it has paid or is to pay any other bidder or public officer any sum of
money or anything of value whatever in order to obtain this Contract; and it has
not, nor has another person for or in its behalf directly or indirectly, entered into
any agreement or arrangement with any other person, firm, corporation or
association which tends to or does lessen or destroy free competition in the
letting of this Contract and agrees that in case it hereafter be established that
such representations or guarantees, or any of them are false, it will forfeit and
pay not less than ten percent (10%) of the Contract price but in no event be less
than Seven Hundred Fifty and 00/100 Dollars ($750.00) as liquidated damages to
the City.
The surety on the bond furnished for this Contract, shall in addition to all
other provisions, be obligated to the extent provided for by Iowa Code S 573.6,
relating to this Contract, which provisions apply to said bond.
The Contractor agrees, and its bond shall be surety therefore, that it will
keep and maintain the Project in good repair for a period of two years after
acceptance of the same by the City Council and its bond shall be security
therefore.
PRINCIPAL:
-POLT7e-., (:"c;tL~/i~-1~
Contractor
By: ~ ~M.~
Signij1re~() ~
(~. 1ft-. /~~I
Title f/ I
By
CERTIFICATE OF CITY CLERK
anne F. Schneider, CMC, City Clerk