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Improvement Contracts Performance Payment BondsForm P16 033007 RESOLUTION NO. 208-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the .City Council has awarded the following public improvement contracts: 1. By Resolution No. 155-07, Public Improvement Contract for the Historic Old Main Street -Lighting and Sidewalk Replacement Project to Portzen Construction, Inc.; and 2. By Resolution No. 172-07, Public Improvement Contract for the Federal Building Renovation Project to Tricon General Construction; and 3. By Resolution No. 169-07, Public Improvement Contract for the Eagle Point Park Fee Collector's Building Project to Klauer Construction Company; and Whereas, the Contractors have submitted the attached executed Public Improvement Contracts and bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement. Contracts and bonds attached hereto are hereby approved. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk r~ a CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT HISTORIC OLD MAIN STREET LIGHTING AND SIDEWALK REPLACEMENT PROJECT THIS IMPROVEMENT CONTRACT (th Contra t), made in triplicate, dated for reference purposes the~~~" day of ~ 2007, between the City of Dubuque, Iowa, by its City Manager, through uthority conferred upon the City Manager by its City Council (City) and Portzen Construction, Inc. 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 Historic Old Main Street -Lighting and Sidewalk Replacement 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 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 July 13, 2007. The Contractor also agrees to substantially complete the Project according to the Phases below: Phase I Completion Date: June 6th, 2007 Phase II Completion Date: July 13th, 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 $363,873.15 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 $750.00 (Seven-Hundred-Fifty-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 U UE, IOWA By City Manager PRINCIPAL: ~02 rzBh ~ex g~r~ w ~~ ~ ~K,l'_° Contractor By: Signat Title CERTIFICATE OF CITY CLERK This is to certify that a ce ' ~ied cop of the above Contract has been filed in my office on the ~ day of , 2007. .--- ~ eanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction, Inc. as Principal {Contractor) and United Fire & Casualty Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $363,873.15 (Insert Contract Amount) 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. {~ , 2007, and Dated at Dubuque, Iowa, this a8 day of N1.~,tt~H duly attested and sealed. WHEREAS, the said Contractor by a Contract dated ~eti 28 , 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 Historic Old Main Street -Lighting and Sidewalk Replacement 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 aH 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 famishing materials or providing labor in the perfomlance 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 Councii 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 sec#ion. 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 specked in the Contract where this bond is obligated for main#enance, 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. 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 shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this aS~ day of March , 2007. CITY OF DUBUQUE fIQWA By: City Manager PRINCIPAL: Portzen Construction, Inc. By: SURETY: United Fire & Casualty Company Sur Company Signa ure Attorney-in-Fact Title _Dubuque IA 52001 City, State, Zip Code (563)556-5441 Telephone ~L~`}c~ ~~~~~ Attomey In-Fact l~w..~rw w+wr - ~ UNtT~D FIRE ~ CA$t1ALTY COMPANY HONtE QFFIIrE - CEI3AR RAPIDS, IOWA. CERTIFIED COPY OF POWER`OF ATTORNEY (Original on file at Home Office of Company -See Certification) KNOW ALL MEN BY THESE PRESENTS, Tfiat the UNiTEb 1=IRE i~ CASUALTY'COMi~ANY, a corporation duly organized and existing under the laws ofthe State of Iowa, and having its principat,office in Cedar Rapids, State of lawa,,does,make, constitute and appoint DAVID FRITZ. OEt DIANA K HEDRIGR, OR KEITH H SINDBERG, OR CHARLES 3 APiDRACGHIO, OLIVIA R SCHMITT, OR RIIS~ERLY A WIELAND, OR KF;VIN' `L EEHtLICH, ALL INDIVIDtTALLY of `DUBUQUE IA its true and Lawful Attorney{s}-in-Fdct with p~7wer and 8uthority het2by cohferred to Sign; seal and execute in its behalf alt tawfut bonds, undertakings and other obligatory instrumerts of similar nature 8s (allows: Any and A1J. Bands and to bind UNITES? EIRE & CASUALTY COMPANY thereby as (oily and td the same extent as if such instruments were signed'by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby givert are hereby: ratified and conrfirmed. The Atttl'iCirity hereby .granted rs continuous and shall remain in full force and effect until revoked by UNITED'FIRE ~ CASUALTY C©MRANY. This power of Attorney is made and executed pursuant to and by authority of the following ey-law duty adopted by Board of` Directors of the Company on April 18, 4973. "Article V -Surety Bonds and Undertakings" Section 2, Appointment of Attorney-itt-Fact. 'The President to any Vice President, or any other officer of the Company may, ..from time o time,. appoint by wriften certificates attorneys-in;-fact to aCt in behalf of the Ceampany in the execution of poti+cies of insurance, bonds,- undertakings and'other obligatory ir~st;urn`ertiis of irks r-ature. The sigr-ature of any officer authorized fiereby, and-the Corporate seat, may be a~d`by facsir~il~ tt~ ~tiy power bf`aftcut-eX or special prawet of attorney or certification of as the o final Si ature of either authorized hereby; such sige and s+~k when so used being' adopted by the:Gompany rig ~ such officer and the. grigirtal seal ot~-#i~e~Gompaby'~ fti,be yatid.i9r[d bdiding upon the Company with the same farce and effect as though manually affixed. $uch attorneys-in fat; ~ubjed to tfie lim`ita#ians set forth in their respective certificates of authority shall have full power to-bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice`Presiden#, the Board°of Directors or any other officer of the Company may at any time revoke aFl power'and authority previously given to any attorney-in-fact. Ihl WITNESS WHEREOF, thd~IJNITED FIRE B.CASUAl:TY C.QMPANY has caused these presentsto be signed by itsvic~epre5identanditseor~p~te~s~altabehereto~affixedtfi~s 2'7tti day of: April, 2oQ6 ~..~L ~ ~ ~ - Uf~11TED FIRE & CASUALTY COMPANY >i ~~~ ~~""~'~ B cr,,..-+Q ~ Vice President y /" State of Iowa, County of Linn, ss: On 27th Bay o~f ApriL, 20fJ6,' before me personally>came Randy A. Ramlo to me known, who being by me du#ysworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he.is avice _ President othhe UNITED FIRE & CASUALTY CQMPANY,;the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the Seal affixed to the aid instrument:S such corporate seal; Ghat it was so affixed pursuant to authority given by the Board of bireetors of said corporation and that he.signsd hi e thereto pursuant to Pike authority, and acknowledges same to be the act and deed of said corporation: ~ ~i ~' f = ~. ~` PkTn WAOOEEi ~ a ublic A >a* ~~y~1T1a'~17 y commission expires: 10/26/2007 ~ 18s101f.~ Mlis _ ~ . MY ~ _~ 1, the undersigned officer of rite tJN1TED FIRE 8~ CASUAL~`Y COMPANY,,do hereby certify that t have compared the foregoing copy of the Power of Attorney and. affidavit, and the copy of the Section of the by-laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAII] COMPANY;. and that the same are correct transenpts thereof, and of the whole of the said originals, and that the Said :Power of Attorney has not .been. revoked and is now iri full force and effect: In testimony whereof I have hereunto subscribed. my name and affixed the corporate seal of the said Company ~ this 2jst day of March _ 20 ~~ sstf. . '~*"'r~ Secretary ~~ B(3Np0019f)80241 Form P16 033007 RESOLUTION NO. 208-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the .City Council has awarded the following public improvement contracts: 1. By Resolution No. 155-07, Public Improvement Contract for the Historic Old Main Street -Lighting and Sidewalk Replacement Project to Portzen Construction, Inc.; and 2. By Resolution No. 172-07, Public Improvement Contract for the Federal Building Renovation Project to Tricon General Construction; and 3. By Resolution No. 169-07, Public Improvement Contract for the Eagle Point Park Fee Collector's Building Project to Klauer Construction Company; and Whereas, the Contractors have submitted the attached executed Public Improvement Contracts and bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement. Contracts and bonds attached hereto are hereby approved. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk w SECTION 00520 CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT CONTRACT FORM 3 Federal Building Renovation Project THIS IMPROVEMENT~GONTRACT (th~ontr ,made in triplicate, dated for reference purposes the ~ day of 2007, between the City of Dubuque, Iowa, by its City Manager, through uthority conferred upon the City Manager by its City Council (City) and Tricon General Construction 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 Federal Building Renovation 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 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 September 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 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 $1,685,200 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 $2000.00 (Two-Thousand-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 DUBUQUE, IOWA PRINCIPAL: BY ~~ l ~ TRI<,G-~ C.u~zRvcT-va City Manager Contractor BY~ ~~ Signature DW nib Title CERTIFICATE OF CITY CLERK This is to certify that a certified c py of above Contract has been filed in my office on the ~ day of ~ , 2007. ~ ~~- Jeanne F. Schneider, CMC, City Clerk SECTION 00530 CONTRACT FORM 4 CITY OF DUBUQUE, IOWA Bond No . 1816 9 3 6 PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Tricon General Construction as Principal (Contractor) andThe Hanover Insurance company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $1,685,200.00 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 2nd day of April , 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated April 2 , 2 0 0 ~ 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 Federal Building Renovation 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 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 2nd day of April , 2007. CITY OF DUBUQUE IQWA "~~ By: Zc„ ~ ~~ ~ , ~~~------ - City Ma ager PRINCIPAL: ~'~.~Con/ C~iU~~ C4~15~r~(GTZO~ Contractor By: r ~r~l ~ L~-~-~ Title SURETY: The Hanover Insurance Company Surety Company By: ~.... ~.~_- Si nature Thomas U. Chambers Attorney in Fact Title Racine, WI 53406 City, State, Zip Code 262-884-6590 Telephone Thomas O. Chambers Attorney In-Fact Certified Copy Void Without Hanover Watermark This Power of Attorney may not be used to execute any bond with an inception date after July 1, 2008 THE HANOVER INSURANCE COMPANY , MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Thomas O. Chambers, Kimberly S. Rasch and/or Todd Schaap of Racine, WI and each is a true and lawful Attorney(s~in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Twenty Million and No/100 ($20,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Assistant Vice President, be and they are hereby authorized and empowered to appoint Attorneys-in-fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 -Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by a Vice President and an Assistant Vice President, this 14th day of July, 2005. 1MYIIM, ~~MIWY, ~ I ~~~1 toss 19~ THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CmZENS INSURANCE COMPA\N~Y OF AMERICA ~'k~"~1C~~ V ftld,ard M. Van Steenbwgh, Vioe President ~ "~!/ PaW F. Carbo, Assisbnt Y~ce President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. On this 14th day of July, 2005, before me came the above named Vice President and Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. .~'+ ~ ~ ®y, ~ °~,r,; Nofary Pllbfic My commission expires on November 3, 2011 I, the undersigned Assistant Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Assistant Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 -The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 -Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 2nd day of Apr].1 200 7 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA C ~i Certified Copy Void Without Hanover Watermark Charles T Wells, Assistant Vice President C 4971 STATE OF WISCONSIN ) COUNTY OF RACINE ) ON THIS 2nd day of April, 2007, before me, a notary public, within and for said County and State, personally appeared Thomas O. Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney-in-Fact of and for the THE HANOVER INSURANCE COMPANY, a corporation of NEW HAMPSHIRE, created, organized and existing under and by virtue of the laws of the State of NEW HAMPSHIRE; that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O. ~ibers did acknowledge that he executed the said instrument as the free act and deed ofi~~~'~'r~~°~. Nof~ blic, Ra~~~ounty, Wisconsin My ~j$io~' .~x~utes August 9, 2009. Form P16 033007 RESOLUTION NO. 208-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the .City Council has awarded the following public improvement contracts: 1. By Resolution No. 155-07, Public Improvement Contract for the Historic Old Main Street -Lighting and Sidewalk Replacement Project to Portzen Construction, Inc.; and 2. By Resolution No. 172-07, Public Improvement Contract for the Federal Building Renovation Project to Tricon General Construction; and 3. By Resolution No. 169-07, Public Improvement Contract for the Eagle Point Park Fee Collector's Building Project to Klauer Construction Company; and Whereas, the Contractors have submitted the attached executed Public Improvement Contracts and bonds. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Public Improvement. Contracts and bonds attached hereto are hereby approved. Passed, approved and adopted this 16th day of April, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 19th day of March, 2007, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Klauer Construction Company, 1015 Century Circle, of the City of Dubuque, Iowa 52002. 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 Eagle Point Park Fee Collector's Building (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 July 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 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 $ 229,804 ~~ 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, IOW ~~ ~ ~ By ~~,, .. ~,, City Manager PRINCIPAL: B Title CERTIFICATE OF CITY CLERK This is to certify that a ce ' 'ed c y f the above Contract has been filed in my office on the `~ ~~-% day of 2007. ~, eanne F. Schneider, CMC, City Clerk BOND #GRIA156046 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: Klauer Development Corp. dba Klauer Construction as Principal (Contractor) and Granite Re, Inc. as Surety are Company held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $229,804.00 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 23rd day of March , 2007, and duly-attested-and-sealed WHEREAS, the said Contractor by a Contract dated March 19th, 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 Eagle Point Park Fee Collector's Building (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 ouNay 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 pertorming 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 (;. I~o 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 alt 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 pertormance 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 23rd day of March , 2007. CITY OF DU UQUE, IOWA City anager PRINCIPAL: Klauer Development Corp. Klauer Con tion Compa Contractor,/ By: ~~ . 8i ature ~/~ E~D~% Title SURETY: Granite Re, Inc. Surety Company By' Q Signature Michael J. Douglas Attorney-in-Fact Title 14001 Quailbrook Drive Oklahoma City, OK 73134 City, State, Zip Code 800-535-0006 Telephone Michael J. Douglas Attorney In-Fact ACKNOWLEDGMENT OF PRINCIPAL (Individual) State of County of On this day of , in the year 20 ,before me personally 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. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) State of County of On this _ ___ _ day of , in the year 20_ ,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 executed the same as for the act and deed of the said co-partnership. Notary Public .~`~ ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of County of ~~~,~ r this day of _"~~~~ _ , in the year 20~~ ,before me personally come(s) }~_ ~ ~ . ~~J>„~_ __ to me known, who, being duly sworn, deposes and says that h~ resides in the City of ~~ that he is the of the ~ ~ `~+~-~--~.~- ~~~ ~, ~ _~cuic~ Cam- - the corporation described in and which executed the foregoing instrument,an that he signed his name thereto by like order. ~~.~•`"< ~ Kristinca K. Guthrie ~ ~l o - ' ;- ; ~'otarial Seal • IOWA d ~ ~ ~ `~ Commission No. 14323 ___ c.,~,~~~ P;~y Commission E::~~ires: j' ,3/~ Nota Public ACKNOWLEDGMENT OF SURETY State of Wisconsin County of _ St. Croix On this 23rd _ _ _ _ _ day of March , in the year 2007 p y ,before me ersonall come(s) Michael J. Douglas 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 that he signed said instrument as Attorney(s)-in-Fact of the said Company by like order. ,,~~ ~. b , 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. Gl~~~~4C / C /CLG/ ~ibr.~- s ~''-~ ~' R. Darryl Fisher, ~' a President STATE OF OKLAHOMA ) °°^~°" ) SS: ~-~-~1_---~ 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 SecretarylTreasurer 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. NA /,y ~pTA My Commission Expires: May 9, 2008 r, 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 23 rd day of Mar , 20 07. ~„~TE,~ a~...«., s N. ,~ ~, R r cretary reasurer °•.n GR0800-1