Improvement Contract and Bond_Portzen Construction_JFK/Wacker Drive Signal ReplacementCITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference
purposes the 8th day of July, 2014, between the City of Dubuque, Iowa, by its City Manager, through
authority 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 John F. Kennedy
Road & Wacker Drive Traffic Signal Replacement 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: November 28,
2014.
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 attorney
fees, arising out of or resulting from performance of the Contract, provided that such claim,
damages, Toss or expense is attributable to bodily injury, sickness, disease or death, or injury to
or destruction of property (other than the Project itself) including Toss 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, Toss 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 Tess 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 $ 327,497.66
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 $500.00 five 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.
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.
The City of Dubuque and the Contractor agree to comply with all applicable standards,
orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1958 (H)
et. seq.) and the Federal Water Pollution Act (33 U.S.C. 1368 et. seq.) as amended,
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR,
Part 15). Contractor shall comply with Section 103 and 107 of the Contract Work Hours
and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29
CFR, Part 5).
CITY OF DUBU E, IOWA PRINCIPAL
By Portzen Construction, Inc.
City Manager Contractor
By: '7n t_
Signa ure
Vice President
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified copy of the above Contract has been filed in my
office on the"O day of , 2014.
Kev} S. Firnstah , C 'C 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 $ 327,497.66 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 14th day of July , 2014, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated July 8, 2014, 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 John F. Kennedy
Road & Wacker Drive Traffic Signal Replacement 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 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 14th day of July , 2014.
CITY OF DUBUQUE, IOWA PRINCIPAL
By:
Portzen Construction Inc
City M pager Contractor
By: /At`L
Signature Michael J Portzen
Vice -President
Title
SURETY
United Fire & Casualty Company
Surety Company
By:
Signature
Attorney-in-fact
Title
Dubuque, Iowa 52001
City, State, Zip Code
(563)556-0272
Telephone
Terrance J Friedman
Attorney In Fact
0111111 UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
UNITED FIRE & INDEMNITY COMPANY, GALVESTON, TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY, ROCKLIN, CA Cedar Rapids, IA 52401
CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of' Company - See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under
the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, a corporation duly organized and existing under the laws of the State of
Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California
(herein collectively called the Companies)and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
TERRANCE J. FRIEDMAN, OR SCOTT A. DESOUSA, OR MARK J. PHALEN, ALL INDIVIDUALLY of DUBUQUE IA
their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings
and other obligatory instruments of similar nature provided that no single obligation shall exceed $50,000,000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE & CASUALTY COMPANY,
UNITED FIRE & INDEMNITY COMPANY, AND FINANCIAL PACIFIC INSURANCE COMPANY.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted on May 15, 2013, by the Boards of
Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE
COMPANY. "Article VI — Surety Bonds and Undertakings" '
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to
time, appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds,
undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may` be
affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal,
when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and
binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such
instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of
the Companies may at any time revoke all power and authority previously given to any attorney-in-fact.
''"im�t"",', IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
�� `�Ws�F� ` ,`\8tt,j� ���`��onalNSC/�gii�
14 •• '��'�•, ,,.�``Pcx.tt; o...A, vice president and its corporate seal to be hereto affixed this 15t h day of October , 2013
ZR CORPORATE dry ? q ' 3. q'''. p0 q1,, ,-
a» _ w CORPORATE '¢. Fo•.n=__ UNITED FIRE & CASUALTY COMPANY
SPAL ° s AL .? ..,C. ms UNITED FIRE & INDEMNITY COMPANY.
' 4 'lp„°s' ''I��oh '',y�'"q(/FOP" `!? FINANCIAL PACIFIC INSURANCE COMPANY
So,,
INllgfl" ursoin„ItOO"\
State of Iowa, County of Linn, ss:
On 15th day of October, 2013, before me personally came Dennis J. Richmann
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED
FIRE & CASUALTY COMPANY, a Vice President of UNITED FIRE & INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC
INSURANCE COMPANY the corporations described in and which executed the above instrument; that he knows the seal of said corporations; that the
seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations
and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.
By:,-
'� Vice President
Judith A. Davis
Iowa Notarial Seal
Commission number 173041
My Commission Expires 4/23/2015
Notary Public
My commission epires: 4/23/2015
I, David A. Lange, Secretary of UNITED FIRE & CASUALTY COMPANY and Assistant Secretary of d ITED FIRE & INDEMNITY COMPANY,
and Assistant Secretary of FINANCIAL PACIFIC INSURANCE COMPANY, do hereby certify that I have compared the foregoing copy of the Power
of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the
ORIGINALS ON FILE IN THE HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the
said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed thhe /corporate seal of the said Corporations
this 14th day of July 20'' 1
BPOA0049 0913.
By:
Secretary, UF&C
Assistant Secretary, OF&I/FPIC