Improvement Contracts Re: Federal BuildingCITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
Federal Building Exterior Window Lead Paint Removal 8~ Painting And
Renovated Areas Window Repair, Glass Replacement, Interior Window
Lead Paint Removal & Painting Project
THIS IMPROVEMENT CONTRACT (the Contract ~ade triplicate,
dated for reference purposes the ~~'~ day of 2007,
between the City of Dubuque, Iowa, by its City Manager, t ough authority
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:
To furnish all material and equipment and to perform all labor necessary for
the Federal Building Exterior Window Lead Paint Removal & Painting
And Renovated Areas Window Repair, Glass Replacement, Interior
Window Lead Paint Removal & Painting 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 August 15, 2007.
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the City from and against all claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or
resulting from performance of the Contract, provided that such claim,
damages, loss or expense is attributable to bodily injury, sickness, disease or
death, or injury to or destruction of property (other than the Project itself)
including loss of use resulting there from, but only to the extent caused in
whole or in part by negligent acts or omissions of the Contractor, the
Contractor's subcontractor, or anyone directly or indirectly employed by the
Contractor or the Contractor's subcontractor or anyone for whose acts the
Contractor or the Contractor's subcontractor may be liable, regardless of
whether or not such claim, damage, loss or expense is caused in part by a
party indemnified hereunder.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by
the City Council, the City agrees to pay the Contractor as full compensation for
the complete performance of this Contract, the amount determined for the total
number of units completed at the unit prices stated in the Contractor's Proposal
and less any liquidated damages provided for in the Contract Documents. The
number of units stated in the plans and specifications is approximate only and
the final payment shall be made by the work covered by the Contract.
CONTRACT AMOUNT $408,000.00
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 arranggement 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 $2,000.00 (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 BU E, IOWA PRINCIPAL:
By "'~/' ~ ~ ,~~ ~(ZILUU CUNSTF-~GTION
Ci y Manager Contractor
By: ~r~- ~
Signatu e
owr.~2_
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified y of t above Contract has been filed
in my office on thef f~ day of •°~ , 2007.
~,
anne F. Schneider, CMC, City Clerk
Bond No. 1816952
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE P~~SENTS: That Tricon General
Construction as Principal (Contractor) and ecomp°anyr Insurance as
Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal
sum of $408,000, 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 9th day of April , 2007,
and duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated April 9
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 Exterior Window Lead Paint Removal & Painting
And Renovated Areas Window Repair, Glass Replacement, Interior Window
Lead Paint Removal & Painting 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 al-
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 9th day of April , 2007.
CITY OF DUB UE, OWA
City M Hager
PRINCIPAL:
Tricon General
Construction, Inc.
Contractor
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By:
~i t re
Title
SURETY:
The Hanover Insurance Company
Surety~~ompany
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By: ~ f~~-~~ , _ .._._- . ~._. ___ --
Signature
Thomas O. 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 Attorne ma ..not be used to execute an bond with an ince tion date after Jul 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 andlor Todd Schaap
of Racine, WI and each is a true and lawful Attomey(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 Noh00 ($20,000,000) in any single instance
and said companies hereby ratify and confine all and whatsoever said Attomey(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.
,~y1,IMYNy,
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7HE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CmZENS INSURANCE COMPANY OF AMERICA
RItlwN M. Van Steanb
wpb, Ylos President
~~~
Paul F. , Assrsbne Vex t
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.
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y, ~~~,; r^JOf8ry Pub,!fC
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 Attomey 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 9th day of Apr'i.l , 20 Q.7
THE HANOVER INSURANCE COMPANY
MASSACHUSETTS BAY INSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
Charles T Wells. Assistant Vice President
Certified Copy Void Without Hanover Watermark
p 9442
STATE OF WISCONSIN )
COUNTY OF KENOSHA )
ON THIS 9th day of A ril, 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. Chambers did acknowledge that
he executed the said instrument as the free act and deed of said Company. //1n1'
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Kim erly S. has ~ <.~ ~',
Notary Public, Kenosha-~Coun ~, ~isconsin
My Commission Expix`, ~ Y~, 2010
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