Granite Re Chaplain Schmitt Performance BondBOND#GRIA15496B
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALt_ MEN BY THESE PRESENTS; That Tri-State Development Company, LLC
as Principal (Contractor) and Granite Re, Inc. as Surety are
held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $60,793
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 22nd day of January , 2007, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated January 16, 2007,
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 Chaplain
Schmitt Memorial 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:
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
tt~e 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 pertormance 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. NIAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own
e:Kpense:
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;
13. To keep all work in continuous good repair; and
e~. 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 failu-e 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.
IVOW, THEREFORE, the condition of this obligation is such that if the said
Contra~;tor shall pertorm 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
Contra~~t 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.
X411 the conditions of this bond must be fully complied with before the Contractor
or the :iurery 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 :st Dubuque, Iowa this 22nd day of January ~ 2p07,
CITY OF DUBUQUE, IOWA
~ // ~~
By: ~~ , Gz~ ,
City Manager
PRINCIPAL:
Tri-State Development, LLC
Con actor n
By: (` -~-
$i a ure
Title
SURETY:
Granite Re, Inc.
Surety Company
By: ~~r~-.--
Signature Susan Forness
Attorney-in-Fact
Title
14001 Quailbrook Drive
Oklahoma City, OK 73134
City, State, Zip Code
800-535-0006
Telephone
Susan Forness
Attorney In-Fact
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
State of
County of
come(s) ,
to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument,
and acknowledge(s) to me that he executed the same.
On this
day of
in the year 20 ,before me personally
Notary Public
State of
County of
On this day of
come(s)
a member of the co-partnership of
to me known and known to me to be the person who is described in and executed the foregoing instrument, and
acknowledges to me that he executed the same as for the act and deed of the said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
State of -~-G t~~
County of \ ~~ ~ "
On this _ ~ day of Sid ill~.~' U , in the year 20Un1, before me personally
come(s) ~ ~~~ ~- ,
to me known, who, being duly sworn, deposes and says that he resides~in_the City of ~~~~~~~ (( _
that he is the Y~ i'l «;Q ~ of the ~~ ~ - ~1-c1-~o L Jrlai tZ ~ r'1'~(~.~ ~ 1:>-~c~ Ltd
the corporation described in and which executed the foregoing instrument,and that he signed his name thereto by li eK order.
~ ~~lho, ~~ .~'l~.m
Notary Public
State of __ Wisconsin
County of St. Croix
On this 22nd
come(s) Susan Forness
in the year 20 ,before me personally
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
ACKNOWLEDGMENT OF SURETY
day of January , in the year
~~"^~s LAURA L HAMMEL
_~ Commission Number 742455
My Commission Expires
2007 ,before me personally
Attorney(s)-in-Fact of Granite Re, Inc. with whom I am personally acquainted, and who,
being by me duly sworn, says that he/she reside(s) in Hudson, WI that he/she is (are) the Attorney(s)-in-Fact of company
Granite Re. Inc. ,the company described in and which executed the within instrument;
that he know(s) the corporate seal of such Company; and that the seal affixed to the within instrument is such corporate seal and that it
was affixed by order of the Board of Directors of said Company, and t ~tsigned said instrument as Attorney(s)-in-Fact of the said
Company by like order. O~RY rU~tttt~
<i~ I
~ MOLLI J. ~
H^NaSEN
~ J~ ~;~ -
~TFOF VdIS~~ Notary Pu lic - ov-08
GRANITE RE, INC.
GENERAL POWER OF ATTORNEY
Know all Men by these Presents:
That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at
the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint:
MICHAEL J. DOUGLAS, SUSAN FORNESS, CHRIS STEINAGEL, LIZ MOSCA its true and lawful Attorney-in-Fact(s) for the following purposes, to
wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all
acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and
made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and
whatsoever the said:
MICHAEL J. DOUGLAS, SUSAN FORNESS, CHRIS STEINAGEL, LIZ MOSCA may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the
signatures of its Vice President and Secretary/Treasurer, this 30`h day of August, 2005.
~ytE R4 /~
~~ ~ - '~ 'ice
s e a l R. Darryl Fisher, ' e President
STATE OF OKLAHOMA ) °°•°°" ~_~
SS: .~i
COUNTY OF OKLAHOMA) Rodman A. Frates, Secretary/Treasurer
On this 30`h day of August, 2005, before me personally came R. Darryl Fisher, Vice President of the GRANITE RE, INC. Company and
Rodman A. Frates, Secretary/Treasurer of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn,
said, that they, the said R. Darryl Fisher and Rodman A. Frates were respectively the Vice President and the Secretary/Treasurer of the GRANITE RE,
INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the
seal affixed to said Power of attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that
they signed their name thereto by like order as Vice President and Secretary/Treasurer, respectively, of the Company.
A
~pT~1
My Commission Expires:
May 9, 2008
Commission # 00005708
o ub is
GRANITE RE, INC.
Certificate
THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that
the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc.
and that said Power of Attorney has not been revoked and is now in full force and effect.
"RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint
individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety
bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or
evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
IN WITNESS WHEREOF, the undersigned has subscribed this Certificate and affixed the corporate seal of the Corporation this
22 nd day of Jan , 20 07 .
~~,,~~++T[ ~,
d'~,,w^'w~~f
S F. A L R~~~r~I~T1`~"' ' °te , retary reasurer
+.,....
GR0800-1
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 16th day of January, 2007, between the City of Dubuque, Iowa,
by its City Manager, through authority conferred upon the City Manager by its City
Council (City) and Tri-State Development Company, LLC, 12998 English Mill Road, of
the City of Dubuque, Iowa 52003.
For and in consideration of the mutual covenants herein contained, the parties
hereto agree as follows:
CONTRACTOR AGREES:
To furnish all material and equipment and to perform all labor necessary for the
Chaplain Schmitt Memorial 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 May
15, 2007.
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 $ 60,793
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 § 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 UE, IOWA
City Manager
PRINCIPAL:
i 2c - s~r~~ ~~ y~~oPw« j,r Co .
Contractor
'gnatu
P2o~~~- ~~~~
Title
CERTIFICATE OF CITY CLERK
This is to certify that a ce 'fied copy of e above Contract has been filed in my
office n the,~~l day of ~',~~.~ , 2007.
~' ~.~ i
i ~ x~~
anne F. Schneider, CMC, City Clerk