Bond Contract Crescent Comm. Health Ctr.
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction, Inc. as
Principal (Contractor) and United Fire & Casualty Company as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $100,937.00, 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 \'1
duly attested and sealed.
day of C)"O<ltt<.
, 2006, and
""
WHEREAS, the said Contractor by a Contract dated )C{ day of
CJCIO," (. , 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 Crescent Community Health Center Parking Lot Project (the Project)
according to the Contract and Construction Documents prepared therefore.
It is expressly understood and agreed by the Contractor and Surety bond that the
following provisions are a part of this Bond and are binding upon said Contractor and
Surety, to-wit:
1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform,
fulfill and abide by each and every covenant, condition and part of said Contract
and Contract Documents, by reference made a part hereof, for the Project, and
shall indemnify and save harmless the City from all outlay and expense incurred by
the City by reason of the Contractor's default of failure to perform as required. The
Contractor shall also be responsible for the default or failure to perform as required
under the Contract and Contract Documents by all its subcontractors, suppliers,
agents, or employees furnishing materials or providing labor in the performance of
the Contract.
2. PAYMENT BOND: The Contractor and the Surety shall pay all just claims
submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this
Bond is given, including but not limited to claims for all amounts due for labor,
materials, lubricants, oil, gasoline, repairs on machinery, equipment and tools,
consumed or used by the Contractor or any subcontractor, wherein the same are
not satisfied out of the portion of the contract price which the City is required to
retain until completion of the improvement, but the Contractor and Surety shall not
be liable to said persons, firms, or corporations unless the claims of said claimants
against said portion of the Contract price shall have been established as provided
by law. The Contractor and Surety hereby bind themselves to the obligations and
conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a
part hereof as though fully set out herein.
3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract within the 'period of two (2) year(s) from the
date of acceptance of the work under the Contract by the City Council of the
City of Dubuque, Iowa, by reason of defects in workmanship or materials
used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the City the reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the City all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
Contractor's and Surety's agreement herein made extends to defects in
workmanship or materials not discovered or known to the City at the time such work
was accepted.
NOW, THEREFORE, the condition of this obligation is such that if the said
Contractor shall perform all of the work contemplated by the Contract in a workmanlike
manner and in strict compliance with the plans and specifications, and will pay all claims
for labor and materials used in connection with said Project, to indemnify the said City
for all damages, costs and expense incurred by reason of damages to persons or
property arising through the performance of said Contract, and will reimburse the City
for any outlay of money which it may be required to make in order to complete said
Contract according to the Construction Documents and will maintain in good repair said
Project for the period specified in the Contract where this bond is obligated for
maintenance, and will faithfully comply with all of the prOVisions of Section 573 of the
Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full
force and effect.
All the conditions of this bond must be fully complied with before the Contractor
or the Surety will be released.
The Contract, Contractor's Proposal, and Construction Documents shall be
considered as a part of this Bond just as if their terms were repeated herein.
Dated at Dubuque, Iowa this
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day of Clcw~, Ie
,2006.
CITY OF DUBUQUl,I~WA
By: fir. /1 (~'h~
City Manager
PRINCIPAL
Portzen Construction, Inc.
cont~ractor
By: ~ . ,
Sign re
C/lP();2~f.e ,SeC'/'<<.-Td"Y'
Title .
SURETY
United Fire & Casualty Co~any
Surety Company
By: j\\A -.. p... ~~
Si~ature
Attorney-in-Fact
Title
Dubuque, IA 52004-1810
City, State, Zip Code
(563)556-5441
Telephone
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UNtTED FIRE & GASUA/.;TV COMPANY
HOME OFFICe -ceDAR RAPIDS; IOWA
CERTfl'Il~D COPY OF POWER OF ATToRNEY
(Original on file et Home Office of Co,?pany - See Certification)
.". "."'
KNOW A/.;L MEN BY :rtll!SePRE$e~S, 1'hat ihl! UNITED F'IRE & CASUAL TV'COMPANY, a oorpprlrtiOll duly llt'9!1nlzed and eXistIng
undar the laws (If the Slate of Iowa, ~nif haVIng lis prinpip~' office in Cedar ~,!pid$, State of '0Wl!' d08ScmaJ(e,eon~titUte and appoint
DAVID PRITZ, OR DrANA K HE;DlltCK. t:lll" KEITH II SINDBERG, OR ClIAAtES J AliDRACCllIO, OLIVIA II SClIIIITT. OR
KIIIBERLY A WIELAND, OR KEVIN L ElI!lLicH. ALL INDIVIDUALLY of DUBUQUE IA
its'true and lawful Atiomey(S)-in..F~ct with'p!lWera~d.lluthority hereby conferred to Sign, saal and ""eout& in its behalf all lawful bonds,
undertaHlngs and other obligatOry Instruments of Similar nature as foflowa: Any: and, AU Bonds . '"
and to bind UNITED FIRE & CASUAL TV COMPANY'thereby as fOlly and to the same extent as if such Instrumanlsmre signed by the
duly authorized officers of UNITED FIRE & CASUAL TV COMPANY and all the acts of said Attorney, pursuant to the authority hereby
given are hereby tlltifled and confil'rhed. , . ' . ,
The AuthOrity hereby granted; is continuous ;and shalf remaii!'ln filiI force and effect until re\lOked by UNITED .FIRE &
CASUALTfCOMPANY. ": ',' ,. "" 'i":' ',' "
This powe( of Attorney Is "made and'exeeuted pursuenl to and bYlI(JthOrity of the followJng By-Ljlw,dulY adopted by Board of
Directors of the Company on Apri/18; 1973.,. !' , " ': ' , " ',' . '",." , "
, ., "Article V - Surety Bonds and Undertakings"
Seelion 2, Appointment of Attomey.;ll"fact. "The President or.any Vice President, or any other officer of the Company may,
from time tO'timll, appoint by wrlftelt.Cerlificates attorl\eys-i~lo act in behalf of the Company in ll)e execution of policies of
Insurance, bonds, undertakings and'Oltter obligatory jristrumllrils Of like nature. The signl/ture of ally officllrlluthorlzed hereby.
and the COfpotllte seal, m.y be afllxe.cl by facsimile to eny power of attomllY or special power of llttomey (j( certification of
either authOrized: tiereby; sUch sign"lure and sea~ when so \!Sed,.being adopted by the Comll,anY lis the original Signature of
such ofllcer and theqrigilUlI seal of-tlfe~Company, to be valjd.i111.d.binding upon lhll Company with'the same force.and effect as
though manuaUyeflixlld. Such attOnieys-in fact, ~Ubjeetto thallmitll1jons set forth in their respective certlllcates; of authority
shail have full power to bind the Company by their signlltur. and lllCeeution of any such instruments and to attach the seal of
the Company thereto. Tha President, or any Vice President,. the Board of Directot$ or any other officer of the Company may at
any time revo~ all powel aM authority previously given to..8ny attomey-in-fact.. , "
. IN- WITNESS WHEREOF, ,l!1,,' UNITED FIRE &. CAl!UAL TV COMPANY has caused these preseittsto be signed by
its"vi1;e,preSiden~a~d its Corfl()rate seal to be "erato,afflXed this 27th day of: AprU, 20O'6
, ,': _: " ',::'-",:""
, . ',. ,~. . .
UNITED FIRE & CASUAL TV COMPANY'
. :8Y~ Cf. ~. Vice President
State of loW\!. County of ~inn, ss:
. "','
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'. .,ft~ d ~ Se~retary
BONOOOllHl8020t '
,
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the n~n day of ano~\ R , 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
Crescent Community Health Center Parking Lot 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.
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
November 22, 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 attorney fees, arising out of or resulting from
performance of the Contract, provided that such claim, damages, loss or
expense is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of property (other than the Project itself) including loss of use
resulting there from, but only to the extent caused in whole or in part by negligent
acts or omissions of the Contractor, the Contractor's subcontractor, or anyone
directly or indirectly employed by the Contractor or the Contractor's subcontractor
or anyone for whose acts the Contractor or the Contractor's subcontractor may
be liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
10. Contractor acknowledges and agrees that this Contract is subject to an
agreement between the City of Dubuque and Pine Box, LLC for the exchange of
properties between the City and Pine Box, LLC, approved by the City Council by
November 6, 2006. If the agreement is not approved by such date, then this
Improvement Contract shall be null and void.
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 $100,937.00
.. .
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 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 ~ 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 DUB. UQ~, IOWA
~;1 (/ ~J
By litl ttt/~
City anager
PRINCIPAL
''PolltzeVl ~"f';clet"Wl t:v~
Contractor
By": ~ .f(;ly,~
Signat~7'()' =0'
Titl~~
CERTIFICATE OF CITY CLERK
This is to certify that a certifie
in my office on the,,~d day of
f t~bove Contract has been filed
,2006.
~
anne F. Schneider, CMC, City Clerk