Heron Pond Tree Removal Performance BondsCITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 4th day of February, 2007, between the City of Dubuque, Iowa,
by its City Manager, through authority conferred upon the City Manager by its City
Council (City) and Top Grade Excavating, P.O. Box 181 of the City of Epworth, Iowa
52045.
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
Heron Pond Tree Removal (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
Bond No. 2074087
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Top Grade Excavating as
Principal (Contractor) and North American Specialty Insurance Company as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $30,299 the
same being 900% of the Iota} 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
l7ubuque, and to all other parties who, under the provisions of the Paws of lows, 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 ~ ~~7~` day of ~~Rl~~~ , 2007, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated February 4, 2007,
incorporated herein by reference, has agreed with said City of Dubuque to perform a[I
labor and furnish all materials required to be performed and furnished for the Heron
Pond Tree Removal {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 C:ontracf 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 Corttrart.
2. PAYMENT BOND: The Contractor and the Surety shall pay all just clairrrs
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 riot limited to claims for a!1 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 sef forth in Chapter 573, Code of iowa, which by this reference is made a
part hereof as though fully set ou# herein.
3. MAINTENANCE BOND: The Contractor and the Surety hereby agree, at their own
expense:
A. 7o 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 'sn 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 specif+cations, and wilt pay all claims
for labor and materials used in connection with said Project, to indemnify the said City
for ail 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 band is obligated for
maintenance, and will faithfully cornp(y 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.
Ali 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 shah be
considered as a part of this Bond just as if their terms were repeated herein-
Dated at Dubuque, Iowa this ,~c~r day of /t~i~,~,.~- , 2007.
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City snag r
PRINCIPAL:
Top Grade Excavating, Inc.
Contractor
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,.Si~gnature c,
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Title
SURETY:
North American Specialty Insurance Company
Surety Company
gy: ~~
ignature
Attorney-in-fact
Title
P.O. Box 9207, Des Moines, IA 50306 -9207
City, State, Zip Code
515-223-6800
Telephone
Dianne S. Riley
Attorney In-Fact
NASSURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON IN'TERNAT'IONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,'THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of'New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint: '
JANET ALESSIO, JAY D. FREIERMUT~H, CRAIG E. HANSEN, CLIFFORD W. AUGSPURGER,
MARTHA LA'THRUM, DIANNE S. RILEY, BRAN M. DEIMERLY, CINDY BENNETT',
and ANNE CROWNER -JOINTLY OR SEVERALLY
[ts true and lawful Attorney(s)-in-Fact, to make, execute, sea! and deliver, For and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of'the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurancc Company and ~'Vashington International Insurance Company at meetings duly called and held
on the 24~' of March, ?000:
"RESOLVED, that any two ofthe President, any Executive Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of~Attorney to execute on behalf'vf the Company bonds, undertakings and all contracts of'surery, and that each or any of~them hereby is authorized to
attest to the execution of any such Power vfAttorney and to attach therein the seal of the Cornpany; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of'the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shalt be
binding upon the Cvmpany when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached"
~~~5`~GU~TYjUgp~iG~ c °j,SflltUt ~
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`~``°acPAPOR'~'G '_ '°~f ~G~a i
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~f~r' SfAI. ~ O = Sto~m P. Andenao, Presldenr & Chkf Euemivt Oniet er of {Yashinetm Internadonal fosurance Company & ? ° ~ ~Il~~l~~t ~ s
~,~,t i?y 1973 ai yj ~ Vice Praldent of Nortb Amerkin SpxiaNy tosuru,cr Ctrmpany ~ ~ S ~~l L j~ a
~,~y tel: o • APJLGUI 1
$ y h~MP, ~~ ~ d S
Darld W. Layman, wice Presldcat nr~5'aihlagten laternationol tnsunoce Company &
Vlar Presideat of Nortb Amerinn Specialq~ insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington [ntemational Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this IOth day of November 200j ,
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Du Page ss:
On this 10th day of November , 20 OS ,before me, a Notary Public personally appeared SteXen P. A do enon ,President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and David M. Layman ,
Vice President of Washington Intemativnal Insurance Company and Vice President of North American Specialty Insurance Company,
personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
•~so FlC1A~ L 5M ~ /
SUSAN ANSEL !i
t+dary Pottle, Slaleol9inois Susan Ansel, Not Public
sl.y Commi9tion Expires 7r62t''08 ~
1, Ja '"
~}~. Carpenter the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Cvmpany, do hereby certify that the about and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurancc Company and Washington International Insurance Company, which is still in full force and effect,
[N WITNESS WHEREOF, l have set my hand and affixed the seals of the Companies this ~ day of , 2007
lamp A. Carycma, Viec Pn:sidcm & AuisiaN Secretary of tlashinpCOn Im<mmional ImWantt Co,q,any d:
North Amotinn Sptxislty Insmsrce Company