Contracts Bonds University Ave Stabilization Pro
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1st of 3 Originals
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND II 690692
KNOWN ,~LL MEN BY THESE PRESENTS: That Volkens Excavating,
Inc. as Principal (Contractor) and Nationwide Mutual Insurance Co. as
Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal
sum of $189,85~"OO 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 15th day of November
and duly attested and sealed.
,2006,
WHEREA:3, the said Contractor by a Contract dated 17th day of
October , 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 US 20 (Devon Drive to Menards) Capacity
Improvements Pl"Oject - Phase I, Traffic Signal and intelligent Transportation
System Improvements (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, ful"fill 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 expenEe incurred by the City by reason of the Contractor's default of
failure to p",rform as required. The Contractor shall also be responsible for
the default l)r 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, 0'11, gasoline, repairs on
machinery, 13quipment and tools, consumed or used by the Contractor or any
subcontract>)r, wherein the same are not s'atisfied oul of the portion of the
contract price which the City is required to retain until completion of the
improvement, bul the Contractor and Surety shall not be liable to said
persons, firms, or corporations unless the claims of said claimants against
said portiol' 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. MAINTENI~NCE BOND: The Contractor and the Surety hereby agree, at
their own €'xpense:
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 tile date of acceptance of the work under the Contract by the City
Councii of the City of Dubuque, Iowa, by reason of defects in
workrr anship or materials used in construction of said work;
B. To keE'p 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 enpense 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 ali of the work contempiated 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 indennify 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 neimburse the City for any outlay of money which it may
be required to make in order to complete said COrltract according to the
Construction De,cuments 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 Sect[on 573 of the Gode 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 a, a part of this Bond just as if Their terms were repeated herein.
Dated at Dubuque, Iowa this 15th day of November
,2006.
CITY OF DUBUQUE, I~A...
By (l1~i Lt{1j/fL.---
City Maniger
PRINCIPAL:
By:
Excavating, Inc.
Kyle Volkens, President
Title
SURETY:
By:
Nationwide Mutual Insurance Co.
S~7!)k_____
Signature
Patrick Dolan, Attorney-in-Fact
Title
Des Moines, Iowa 50391-2006
..__..._--~
City, State, Zip Code
1-866-387-0457
Telephone
Patrick Dolan
Attorney In-Fact
'D
368063
Power of Attorney
KNOW ALL MEN BY THESE PRESENTS THAT Nationwide Mutual Insurance Company, a corporation organized
under the laws of the State of Ohio, with its principal office in the City of Columbus, Ohio, hereinafter called "'Company"',
does hereby make. constitute and appoint PATRICK DOLAN MARY B. SCHMIDT
MANCHESTER IA
each in their individual capacity, its true and lawful Attorney~ln-Fact with full power and authority to sign, seal. and execute
in its behalf any and all bonds and undertakings and other obligatory instruments of similar nature in penalties not exceeding
the sum of TWO MILLION AND NO/IOO DOLLARS $ 2,000,000.00
and to bind the Company thereby. as fully and to the same extent as if such instruments were signed by the duly authorized
officers of the Company; and all acts of said Attorney pursuant to the authority hereby given are hereby ratified and
confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the
Board of Directors of the Company.
NRESOL VED, that the President, or any Senior Vice President, Resident Vice President or Second Vice
President by, and the same hereby is, authorized and empowered to appoint Attorneys-In-Fact of the Company
and to authorized them to execute any and all bonds, undertakings, recognizances, contracts of indemnity,
policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other
writings obligatory in nature which the business of the Company may require; and to modify or revoke, with
or without cause, any such appointment or authority. The authority granted hereby shall in no way limit the
authority of other duly authorized agents to sign and countersign any of said documents on behalf of the
Company."
'RESOLVED FURTHER, that such Attorneys-In-Fact shall have full power and authority to execute and
deliver any and all such documents and to bind the Company, subject to the terms and limitations of the power
of attorney issued to them, and to affix the seal of the Company thereto, provided, however, that said seal shall
not be necessary for the validity of any such documents."
This Power of Attorney is signed and sealed by facsimile under and by the following By-Laws duly adopted by the Board
of Directors of the Company.
ARTICLE VIII
"'Section 10. Execution of instruments. Any Vice President and any Assistant Secretary or Assistant Treasurer
shall have the power and authority to sign or attest all approved documents, instruments, contracts or other
papers in connection with the operation of the business of the company in addition to the Chairman and Chief
Executive Officer, President, Treasurer and Secretary; provided, however, the signature of any of them may be
printed, engraved or stamped on any approved document, contract, instrument or other papers of the Company.
IN WITNESS WHEREOF, the said Nationwide Mutual Insurance Company has caused this instrument to be sealed and
duly attested by the signature of its Vice President the 28th day of April, 1999.
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On this 28th day of April, 1999, before me came the above named Vice President for Nationwide Mutual Insurance
Company, to me personally known to be the officer described in and who executed the preceding instrument, and he
acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Company
aforesaid, that the seal affixed thereto is the corporate seal of said Company, and the said corporate seal and his signature
were duly affixed and subscribed to said instrument by the authority and direction of said Company.
ACKNOWLEDGMENT
By:
), t___
STATE OF IOWA
COUNTY OF POLK
SS
tit
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Notary Public
My Commission expires March 24, 2008
CERTIFICATE
I, John F. Delaloye, Assistant Secretary of Nationwide Mutual Insurance Company, do hereby certify that the
Resolution included herein is a true and correct transcript from the minutes of the meeting of the Board of Directors duly
called and held on the 6th day of September, 1967, and the same has not been revoked or amended in any manner; that said
Stephen S. Rasmussen was on the date of the execution of the foregoing Power of Attorney the duly elected Vice President
of Nationwide Mutual Insurance Company and the corporate seal and his signature as Vice President were duly affixed and
subscribed to the said instrument by the authority of said Board of Directors.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate
seal of said Company this 15thday of November, 2006. ,.
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. ~ . SSlstant ecretary
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03264
This Power of Attorney expires
Bd I (04-00) 00
07/31/08
'1
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F A96 (Form 650019)
9-02
CONTRACT
.
Letting Date: October
County: DUBUQUE
Cost Center: 611000
Contract Work Type:
17, 2006 Contract
Project Engineer:
Object Code: 890
TRAFFIC SIGNALS
ID: 31-0209-186-A
CITY OF DUBUQUE
Bid Order No.: 352
DBE Commitment: $0.00
This agreement made and entered by and between the CITY OF DUBUQUE CONTRACTING AUTHORITY,
AND
VOLKENS EXCAVATING, INC. OF DYERSVILLE, lA, (V0039), 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: STP-A-020-9(186)--22-31
WORK TYPE: TRAFFIC SIGNALS
ROUTE: U.S. 20
LOCATION: DEVON DR. TO HILL ST.,
NW ARTERIAL & WACKER DR.
FEDERAL AID - PREDETERMINED WAGES ARE IN EFFECT
COUNTY: DUBUQUE
ACCOUNTING ID: 24873
LENGTH (MILES): 0
The specifications consist of the Standard Soecifications for Hi!!hwav and Brid!!e Construction. Series 2001
of the Iowa Denartment of Transoortation plus the following Supplemental Specifications, Special Provisions, and
addendums: DBE--2006, DBE-061017, FHWA-1273.02, GS-01011, IA03-1.4,
ADDENDUMS: 170CT352.A01
By
Contractor, for and in considerations of $ 189 , 855 . 00 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 ave signlld is.lUld one other identical instrument as of the day of
. ~~ /.:rj{/ /1 ./;) .flc..l/1rfj..,./fL
/I:~.'!--- 10/ Mlchae C. Van Milligen, City
Contracting Authority . IA~NTRA
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c nel er, 1 Y Clerk
By
. .
.FB96.,Jf.orm ,.650019)
11-99
Page:
16
Letting Date: October 17, 2006 Contract ID:
31-0209-186-A
Bid Order No.: 352
It is further understood and agreed that the above work shall be commenced or completed in accordance with
the following schedule:
SITE NUMBER
CONTRACT PERIOD
WORKING
DAYS
25
LIQUIDATED
DAMAGES
$750.00
CONTRACT
LATE START DATE 04/02/2007
CONTRACT NOTES
.,
,
~
CONTRACT SCHEDULE OF PRICES Page: 2
********************************************************************************
Vendor No.:
Contract ID NOa:
Primary Work Type:
Primary County:
V0039
31-0209-186-A
TRAFFIC SIGNALS
DUBUQUE
Bid Order No.:
Letting Date:
352
October 17, 2006
10:00 A.M.
--------------------------------------------------------------------------------
I
Line I
No I
Item Number
Item Description
Item
Quantity
and Unit
I Unit Price I Bid Amount
1----------------1--------------
I Dollars I Cts I Dollars ICts
--------------------------------------------------------------------------------
SECTION 0001 TRAFFIC SIGNAL ITEMS
--------------------------------------------------------------------------------
12105-8425015 TOPSOIL,
0010 I STRIP, SALVAGE AND
I SPREAD
12511-6745900
0020 ISIDEWALK
I
REMOVAL OF
12511-7526004 SIDEWALK,
0030 Ic. CONCRETE, 4 IN.
I
12528-8445110
0040 ICONTROL
I
TRAFFIC
12533-4980005
0050 IMOBILIZATION
I
12599-9999005 ('EACH'
0060 lITEM) FIBER OPTIC HUB
ICABlNET INSTALL
12599-9999005 ('EACH'
0070 lITEM) VAULT, FIBER
I OPTIC, 36 IN.
12599-9999005 ('EACH'
0080 lITEM) VAULT, FIBER
I OPTIC, 48 IN.
0090
12599-9999009 ('LINEAR
I FEET' ITEM) CONDUIT,
IRIDGID PVC, PUSHED, 4
I
0100
12599-9999009 ('LINEAR
I FEET' ITEM) CONDUIT,
IRIDGID PVC, TRENCHED,
IIN.
12601-2639010
0110 I
I
SODDING
ITOTAL BID
I
I
ICY
I
50.000001
I
I
40.000001
I
I
75.000001
I
I
I
I
I
I
I
I
8,500.000001
I
I
3,000.000001
I
I
3,500.000001
I
I
35.000001
I
I
I
14.000001
I
I
I
100.000001
I
1,500.00
920.00
1,725.00
2,500.00
5,000.00
34,000.00
30,000.00
7,000.00
21,350.00
84,560.00
1,300.00
============================================.=.=================================
189,855.00
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I LUMP
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