Reeder_Lois Street Sewer Performance BondsBond No. 719266P
:~ E B - 8 2007
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That WC Stewart Construction,. Inc.
as Principal (Contractor) and Developers Surety and Inderrmity Company as Surety are
held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $42,602.02
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.
Montevideo, MN
Dated at ~u-~c~u~x, this 15th day of February , 2007, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated February 15, 200 ,
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
Reeder and Lois Street Sanitary Sewer Project (the Project) according to the Contract
and Construction Documents prepared therefore.
It is expressly
following provisions
Surety, to-wit:
understood and agreed by the Contractor and Surety bond that the
are a part of this Bond and are binding upon said Contractor and
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 alt 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.
Nbntevideo, N~1
Dated at [~> this 15th day of February , 2007.
CITY OF DUBUQUE, IOWA
%,
Cit Manager
PRINCIPAL:
W.C. Stewart Construction, Inc.
Contractor 22 ast 8th Street
D IA 1
By:.
Sig ture
tle
SURETY:
Developers Surety and I ndermi ty Corrq~any
Surety Company
Sig ature Jack L. Anderson
Attorney-in-Fact
Title
Goldleaf Financial, Ltd.
4046 W. Highway 7, Montevideo, MN 56265
City, State, Zip Code
Surety's Address:
17780 Fitch, Suite 200
Irvine, CA 92614
(320) 269-3144
Telephone
Jack L. Anderson
Attorney In-Fact
State of
County of
On this
personally comes
day of
in the year ,before me
to me known and known to me to be the per who is described in and executed the foregoing instrument, and
acknowledges to me that he/she executed the same.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
State of
County of }
On this day of ~ , in the year ,before me
personally 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/she executed the same as the act and deed of the said co-partnership.
Notary Public
ACKNOWLEDGMENT OF PRINCIPAL (Corporation/LLC)
State of ~0 ~ ~-`j'~--
County of ~ ~~~c~~~~ }
On this t.r~ day of ~Z-'lJ'i~t~i+?Z~ , in the year ~~~ 7 ,before me
personally come(s) ~~ r4 r nl~ U ~~w~T
to me known, who being duly sworn, deposes and says that he/she resides in the City of ~?Js; ~r L~i1r'~Jy.>~~~ f`~-i~c~~s
that he/she is the f~'c-- S ~pcN7+ of the £~v C 57~2J~-rZT ~i~°sr~~~'~- ~c~~ ~N ~_
the corporation described in and which executed the foregoing instrument; that he/she knows the seal of the said
corporation; the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of
the Board of Directors of said corporation, and that helshe signed hislher name thereto by like order:
.-~ ~1.~"7y~t:~ lam` ~ f j~u -LL..~_Er.,'
Notary Public ~'~~`'S ~ ~~~ ~
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
}
Bond No. 719266P
POWER OFATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
PO BOX 19725, IRVINE, C'A 92623 (949) 263-33(10
w~ativ.lnscoDico.com
KNOW ALL MEN BY THESEi PRESENTS, that except as expressly limited, DEVELOPERS SUREiTY AND INDEMNITY COMPANY does hereby make, constitute
and appoint:
***Rita Jorgenson, Brenda Risa, Geoffrey Hathaway, Jack L. Anderson, Amy Nordaune, Ronae M. Rose,
Stephanie A. Brock, Ronald Lee Kaihoi, jointly or severally***
as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and conh~acts
of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attorney(s)-in-
Fact, pursuant to these presents, are hereby ratified and confirmed.
This Power of Attomey is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS
SURE"fY AND INDEMNITY COMPANY effective as of November 1, 2000:
RESOLVED, that the Chairman of the Board, the President and any Vice President of [he corporation be, and that each of them hereby is, authorized to execute
Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attomey to execute, on behalf of the corporation, bonds, undertakings and contracts of
suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of
Attomey;
RESOLVED, F'UR"I'HER, that the signatures of such officers may be affixeti to any such Power of Attorney or to any certificate relating thereto by facsimile,
and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the fiuure with
respect to any bond, undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President
and attested by its Secretary this I st day of December, 2005.
`',~.~ AND ~N•,
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By: c
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VO
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y
:
David H. Rhodes, Executive Vice-President ~ OCT. o <
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o~i 1936 ,',?;
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By. •O•`.
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Walter A. Crowell, Secretary ..m
,n,
STA"I'E OF' CALIFORNIA
COUNTY OF ORANGE
On December 1, 2005 before me, Gina L. Gamer, Notary Public (here insert name and title of the officer), personally appeared David H. Rhodes and Walter
A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isiare subscribed to the within instmment
and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instmment the person(s),
or the entity upon behalf of which the person(s) acted, executed the instmment.
WITNESS my hand and official seal.
Signature
Gino ~ Gc~-~
(SEAL)
CERTIFICATE
GINA L. GARNER
COMM. # 1569561
NOTARY PUBLIG CALIFORNIA
ORANGE COUNTY
My Comm. ettplres May 13, 2009
~i-+~rr'~ir-~w~w~0~
1'he undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INUEMNI"fY COMPANY, does hereby certify that the foregoing Power of
Attomey remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors of said corporation
set forth in the Power of Attorney, is in force as of the date of this C'ertiticate.
This Certificate is executed in the City of Irvine, California, the 15th day of
/~~L
By
Albert Hillebrand, Assistant Secretary
February 2007
ID-1438 (DSI) (Rev. 12/05)
ACKNOWLEDGEMENT OF SURETY
STATE OF MINNESOTA
COUNTY OF CHIPPEWA
On this 13th day of February 2007 ,before me, a Notary Public within and for said
County, personally appeared Jack L. Anderson to me personally known, who being by me duly
sworn he/she did say that he/she is the attorney-in-fact of Developers Surety and Indemnity
Company , the corporation named in the foregoing instrument, and the seal affixed to said
instrument is the corporation seal of said corporation, and sealed on behalf of said corporation by
authority of its Board of Directors and said Jack L. Anderson acknowledged said instrument to
be the free act and deed of said corporation.
I +~
~~v~~
NOTARY PUBLIC
My Commission Expires ~ ~ =~~ ~ 3-~~ ~ ~-
~~ ~ REBECCA J. RISA
/~' ''.
NOTARY PUBl1C -MINNESOTA
y: My Commission Expires Jan. 31, 2010
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT ONTRACT (the Contract), made in triplicate, dated for
reference purposes the ~ day of -r3~u~~ 2007, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager
by its City Council (City) and WC Stewart Construction Co. 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
Reeder Street and Lois Street Storm & Sanitary Sewer Reconstruction 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
Genera{ 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°!0) 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 the
June 1, 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
Gity 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 $42,602.02
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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 Five Hundred and 00/100 Dollars ($500.00) 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 QUE, 10 A
By Z ~~
Ci y Manager
CERTIFICATE OF CITY CLERK
This is to certify that a certifiedy of the above Contract has been filed
in my office on the i-~"~~--'~~day of . .~'-~~~~_, 2007.
,-
.,~~-.
nne F. Schneider, CMC, City Clerk
PRINCIPAL: