Contracts Bonds US 20 Devon to Men. CIP
Bond Number IAC63208
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Connolly Construction, Inc. as
Principal (Contractor) and Merchants Bonding Company of Des Moines, IA as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $305,082.40 the
same being 100% of the total price of the Contract for the Project herein referred to,
lawful money of the United States of America, well and truly to be paid to said City of
Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are
intended to be protected and secured hereby for which payment we bind ourselves, our
heirs, executors, successors and assigns, jointly and severally by these presents.
Dated at Dubuque, Iowa, this
duly attested and sealed.
day of
, 2006, and
WHEREAS, the said Contractor by a Contract dated ,
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
University Avenue Embankment Stabilization 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
day of
,2006.
CITY OF D~~~QU't~WA
By: I 'itvl l." 11/~
City Manager
PRINCIPAL:
By:
Connolly Construction Inc.
Contractor
. ~ j Lfl
Signature ~-
\ J.. P,
Trtle
SURETY:
By:
Merchants Bonding Company
Surety Company
C~'?JLj {>P{(!e-tli/
Signature
Account Manager
Title
203 High Street Mineral Point, WI 53565
City, State, Zip Code
(608) 987-1155
Telephone
Cheryl L. Pollock
Attorney In-Fact
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Cheryl L. Pollock, Frederick S. Bounds, Luke M. Duenser, Timothy 1. Kunkel
of Mineral Point and State of Wisconsin 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, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such
instrument shall not exceed the amount of:
THREE MILLION ($3,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors oflhe MERCHANTS BONDING COMPANY (MUTUAL) on November 16. 2002.
ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys-In-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory In the nature
thereof.
ARTICLE II, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking,
recognizance, or other suretyship obligations of the Company. and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and
its corporate seal to be hereto affixed, this 16th day of January, 2006.
........
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ST ATE OF IOWA
COUNTY OF POLK ss.
MERCHANTS BONDING COMPANY (MUTUAL)
~~7~
President
On this 16th day of January, 2006, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing Instrument, and that lhe
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 Des Moines, Iowa. the day and year first
above written.
@'CINDYSMYTH
., . a.. III bdk.. I N.n1Jer 1T.B)I.
rI.\1~II,b:Al...1 IUS
0'111 March 16, 20~
STATE OF IOWA
COUNTY OF POLK ss.
&f1~
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy oflhe POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this day of
POA 0001 (1/06)
.......
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Secretary
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FA96 (Form 650019)
9~02
CONTRACT
Letting Date: October
County: DUBUQUE
Cost Center: 84 9 3 0 0
Contract Work Type:
17, 2006 Contract 10: 31-2100-636
Project Engineer: IIW ENGINEERS AND
Object Code: 890
EMERGENCY REPAIR - EROSION
Bid Order No.:
SURVEYORS P.C.
DBE Commitment:
303
$0.00
This agreement made and entered by and between the CITY OF DUBUQUE CONTRACTING AUTHORITY,
AND
CONNOLLY CONSTRUCTION, INC. OF PEOSTA, lA, (C0455), CONTRACTOR
It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor. the specifications.
the plan, if any, for project(s) listed below. together with Contractor's performance bond, are made a part hereof
and together with this instrument constitute the contract. This contract contains all of the terms and conditions
agreed upon by the parties hereto. A true copy of said plan is now on file in the office of the Contracting
Authority under date of 10 / 12 /2006
PROJECT: ER-2100(636)--8R-31
WORK TYPE: EMERGENCY REPAIR - EROSION
ROUTE: UNIVERSITY AVENUE
LOCATION: SLIDE AREA
FEDERAL AID - PREDETERMINED WAGES ARE IN EFFECT
COUNTY: DUBUQUE
ACCOUNTING ID: 24871
LENGTH (MILES): 0.08
The specifications consist of the Standard SDecifications for HiI!hwav and Brid!!e Construction. Series 2001
of the Iowa DeDartment of TransDortation plus the following Supplemental Specifications, Special Provisions, and
addendums: DBE--2006, DBE-061017, FHWA-1273.02, GS-OI011, IA03-1.4,
SS-01036, SS-01042
By
Contractor, for and in considerations of $ 305 , 082 .40 payable as set forth in the specifications constituting
a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in
accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders.
Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contrac-
tor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5
(Public Registration Number), if applicable.
In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and accor-
ding to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the
specifications,
It is further understood and agreed that the above work shall also be commenced or completed in accordance
with Page 1B of this Contract and assigned Proposal Notes.
Time is of the essence for this contract. To accomplish the purpose herein expressed, Contracting authority and
Contractor have signed this and one other identical instrument as of the day of
flZJ~11('~
~ P Contracting Authority
s:~ I_-W
~;tractor
,w
Clty Clerk
F. S
By
~
........!.
l
CONTRACT SCHEDULE OF PRICES Page: 2
********************************************************************************
Vendor No.:
Contract ID No.:
Primary Work Type:
Primary County:
C0455
31-2100-636
EMERGENCY REPAIR -
DUBUQUE
I
Line I
No I
Item Number
Item Description
SECTION 0001 ROADWAY ITEMS
12101-0850001
0010 lAND GRUBBING
I
CLEARING
12102-2710070 EXCAVATION,
0020 ICLASS 10, ROADWAY AND
I BORROW
12104-2713020 EXCAVATION,
0030 ICLASS 13, CHANNEL
I
12105-8425015 TOPSOIL,
0040 I STRIP, SALVAGE AND
I SPREAD
12107-0875000 COMPACTION
0050 IWITH MOISTURE AND
IDENSITY CONTROL
12210-0475290
0060 ISTONE BASE
I
MACADAM
0070
12303-0021500 HOT MIX
IASPHALT MIXTURE (300,000
I ESAL) , BASE COURSE, 1/2
IIN. MIX
0080
12303-0023500 HOT MIX
IASPHALT MIXTURE (300,000
IESAL), INTERMEDIATE OR
ISURFACE COURSE, 1/2 IN.
IMIX, NO SPCL FRIC REQ
12303-0246422 ASPHALT
0090 I BINDER, PG 64-22
I
12303-0247028 ASPHALT
0100 I BINDER, PG 70-28
I
I
I
I ACRE
I
I
ICY
I
I
ICY
I
I
ICY
I
I
ICY
I
I
I TON
I
I
I TON
I
I
I
I TON
I
I
I
I
I TON
I
I
I TON
Bid Order No.:
Letting Date:
EROSION
303
October 17,
10:00 A.M.
2006
Item
Quantity
and Unit
I Unit Price I Bid Amount
1----------------1--------------
I Dollars I Cts I Dollars ICts
I
0.8001
I
I
5,490.0001
I
I
1,700.0001
I
I
1,247.0001
I
I
5,490.0001
I
I
630.0001
I
I
15.0001
I
I
I
10.0001
I
I
I
I
0.9001
I
I
0.6001
I
14,080.00
35,355.60
15,929.00
9,165.45
5,490.00
10,048.50
1,221. 75
814.50
417.15
432.60
--------------------------------------------------------------------------------
. . .
"
t
CONTRACT SCHEDULE OF PRICES
Page: 4
********************************************************************************
Vendor No.:
Contract ID No.:
Primary Work Type:
Primary County:
C0455
31-2100-636
EMERGENCY REPAIR -
DUBUQUE
Bid Order No.:
Letting Date:
EROSION
303
October 17,
10:00 A.M.
I
Line I
No I
Item Number
Item Description
12528-8400048 TEMPORARY
0220 IBARRIER RAIL, CONCRETE
I
12528-8445110
0230 ICONTROL
I
TRAFFIC
12528-8445112
0240 I
I
FLAGGERS
12533-4980005
0250 IMOBILIZATION
I
12601-2634100
0260 I
I
MULCHING
12601-2636044 SEEDING
0270 IFERTILIZING (URBAN)
I
12602-0000020
0280 I
I
SILT FENCE
12602-0000060
0290 ISILT FENCE
I
REMOVAL OF
12602-0000090 CLEAN-OUT
0300 IOF SILT FENCE
I
ITOTAL BID
2006
Item
Quantity
and Unit
I Unit Price I Bid Amount
1----------------1--------------
I Dollars I Cts I Dollars ICts
I
I LUMP
I
I
I
I DAY
I
15.700001
I
I
I
I
I
255.000001
I
I
I
I
I
350.000001
I
I
1,570.000001
I
I
2.400001
I
I
1. 05000 I
I
1
2.000001
I
6,083.75
4,060.00
5,100.00
7,150.00
371.00
1,664.20
1,056.00
462.00
440.00
==..............m.=====.===================......============================___
305,082.40
I
I
I
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I
1
ILF
1
1 LUMP
I
I
1
I ACRE
AND
I
I
I ACRE
I
I
ILF
I
I
ILF
I
I
ILF