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Improvement Contracts_Performance BondsRESOLUTION NO. 312-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 247-07, Public Improvement Contract for the City Hall Parking Lot Reconstruction Project to Portzen Construction, Inc.; and 2. By Resolution No. 248-07, Public Improvement .Contract for the 2007 Asphalt Paving Project to River City Paving; and 3. By Resolution No. 249-07, Public Improvement Contract for the Downtown Streetlight and Traffic Signalization ole Painting Project to Alan Jackson Tuckpointing, Inc.; and 4. By Resolution No. 250-07, Public Improvement Contract for the Third Floor Office Expansion Project to Klauer Development Corporation; 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 4"' day of June, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (th ontract), made in triplicate, dated for reference purposes the ~ day of ~ 2007, between the City of Dubuque, Iowa, by its City Manager, through a th ity 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 City Hall Parking Lot Reconstruction Project (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross-sections on file in the City Engineer's office for this Project, in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and 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 17, 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 attorney 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 $607,607.00 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 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 and 00/100 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 DUBUQ ,IOW By u City anager PRINCIPAL e 2 (. rk ~` r ~ G~r`~ ~~ ~~~~ s Contractor By: ,%`~~ ignatur ~y ~P 8,~1 f ~ S~ ~ Qtd 2 ~ Title CERTIFICATE OF CITY CLERK This is to ~~fy that a c copy of the above Contract has been filed in my office on the ~~ day of ~~ , 200 . !~~~- ~ -C anne 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 $607,607.00 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 / ~ day of ~ / ~_, 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated `_'` ~~`i' ~ , 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 City Hall Parking Lot Reconstruction 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 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 stn day of MaY , 2007. CITY OF DUBUQUE,1 A By: ~ ~,~ City Manager PRINCIPAL Portzen Construction, Inc. Co ctor By: Sign e ~0~ o~~ Secr~ Title SURETY United Fire & Casualty Company Surety Company By: ~. ~. X1.1,.--f~i,~ Signature Attorney-in-Fact Title Dubuque, IA 52001 City, State, Zip Code (563)556-5441 Telephone ~ ~~ ~~~ Attorney In Fact UNITED FIRE R CASUALTY C4MpANl' HC?ME OFFICE -GEDAR'RAp1DS IOWA"' CEK'tTIFIED COPY OF' POWER OF ATTORNEY (Original on file at Home Office of Company -See Certification) KNOW ALL MfEIV ~Y THESE PRESENTS; That the UNITED 1=IRE ~ CASUAI_'t'Y COMPANY, acorporation dilly organized and existing und8r the laws of the State of lawn, and having .its principal office in Cedar Rapids, State of Iowa, does make,;eonstitute and appoint DAVID lyRITZ, QR DIA~1A K ID~DR~CIi, 4R IfSITH M "SINDBER6, QR CHARLES 3 ANDRACEHIO, OLIVIX' R SCHMITT, ' 4R KIMBERLY A WIHtrAKD, OR KBVIN L EHRLIG>3, ALL `INDIVIDUALLY of DUBUQUE IA its true and davrful Attorneys}in-Fact with power and 2uthority hereby cohferred to sig» seal and execute In its behalf all fewfut bonds; undertakirygs andother obligatory instruments of similar nature a5 fatlows: Any' and A12 `Bonds and to bind UNITEb FIRE $~CASUALTY COMPANY thereby as fully and to the same extent as if such Instruments were signed $y the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ra#ified 2iitd cQnfitrhed. The Authority heresy granted is corrtinuous and sliatl.remain in fait force and effect until' revoked by UNITEQ FIRE & CASUALTY COMPANY. This power' of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by Board of Directors,of the Company on April 1$, 1:97'3. , "Article V -Surety Bonds and Undertakings" Section 2, -Appointment of Attorney-in-Fact. "The President or any Vice President, or any other officer of the Company may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the C¢rnpany in the exectltian of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of ary officer authorized!faereby, and the CoFporate-seat, riiay be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby such signatcire and seal,"when so used, being adopted by the Company as the original signature of such officer and the anginal-.seal iaf-the Company, to be valid ehd binding upon the Company with the same force and effect as though rrtant~rally 6i~fixed. "Such attomey+s-in fact, subject to the limitations set forth in their respective certificates. of author~y >: shall have-full power to bind the Company by their signature and execution ofany such instruments and to attach the seal of the Company thereto. Tha.President or any Vloe President, the Board of Directors or any other officer of the Company may at any time revoke all'power and authority previoWaly given. to any attorney-in-fact IN V11tTNES$ WHEREOF, the UNITE~FIRE <A"CASUALTYCOMPANY has caused these presents to be signed by' its vice president and its corporate seal tc be hereto affixed this 27th day of April., 2046 "'r' UNITED FIRE & CASUALTY COMPANY ~itL ~.,, °_ ~,,m,~ By ~ `, ~ ~t1~w~..~ Vice President State of Iowa, County of Linn, ss: On 27th tray of April, 2pQ6,- before me persoa~lly came Randy A. Ramlo to me krtGwn,-who being by pie duty sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that rte is a Vice President of the UNITED FIRE ~ CASUALTY COMPANY, the corporation described in and which executed the aboveinstrument that he knows the seal Of said corporation; that the neat affixed to thesaid instrument is such corporate seal;;that it was so affixed pursuant to auttrorit}r .given by the Bcsard ,~# directors o€ said corporation and that he signed hi a thereto pursuant to like authority, and acknowledges same to be tfiie act and deed of said corpc~rafion: ;, , ,.....rw ~ ' Lc_ >PATTI WAOOEEI a ublic coa~asroN Kum 7t93y~ _ y commission expires: 1©/26/2©07 MY C i8s~orc ryas ow 1, the undersigned:officer of file UNITED FIRE K CASUALLY COMPANY,:da hereby certify that ! Rave compared the foregoing copy of the Power of Attorney antl affidavit, Nand the;copy of the Section of the by=taws of'said Company as set-forth in sold-Power of Attorney, ' with the ORIGINALS ON FILE IN THE HOIv4E OFFICE OF SAID CUMPAIJY, and that the same are oarfect transcripts thereof, `and of the Whole Qf the said originals. and that the said F?.ower of°Attorney has not been:i-evoked:and is now in' fail force and effect, In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company ~` this 9~1,.., . daY of ~aY 20 ..p2.__. ._.,,. a fSW. ,~ ~~ ~~ Secretary . BONp001S O80ZUt CSR DH acoRO CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) PoRTZ-1 , 05/09/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TRICOR, Inc . - Dubuque HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 500 Iowa Street PO Box 1810 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. , Dubuque IA 52004-1810 Phone:563-556-5441 Fax:608-723-6440 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: West Bend Mutual IRS. CO 15350 Portzen Construction Inc INSURERS Portzen Leasing InC . Firm LLC Portzen Buildin INSURER C g 205 Stone Valley Dr. INSURER D: Dubuque IA 52003 INSURER E. C(~VFRACES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERI00 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I LTR NSR TYPE OF INSURANCE POLICY NUMBER LI Y FE IVE DATE MM/DD/YY P LI I TION DATE MM/OD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , OOO , OOO A X X COMMERCIAL GENERAL LIABILITY CPIO 61671605 12 / 31 / 0 6 12 / 31 / O 7 PREMISES (Ea occurence) $ 2 OO , O OO CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 1 O , OOO PERSONAL & ADV INJURY $ 1 , OOO , OOO X Per Project Aggre GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OOO , OO O POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT 000 000 $1 A X ANYAUro CPI061671605 12/31/06 12/31/07 (Ea accident) , , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A ~{ HIRED AUTOS BODILY INJURY $ A }[ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 1 O , OOO , OOO A ~ OCCUR ~ CLAIMSMADE CUI059879604 12/31/06 12/31/O7 AGGREGATE $ lO,000,OOO DEDUCTIBLE $ }{ RETENTION $WAI VED $ WORKERS COMPENSATION AND TORY LIMITS ER A EMPLOYERS'LIABILITY TOR/PARTNER/EXECUTIVE ANY PROPRI ySi059878704 12/31/06 12/31/O7 E. L. EACH ACCIDENT $500000 E OFFICER/MEMBEREXCLUDED? E. L. DISEASE-EA EMPLOYEE $ SOOOOO If yes, describe under SPECIAL PROVISIONS below E. L. DISEASE-POLICY LIMIT $SOOOOO OTHER A Installation Float CPI061671605 12/31/06 12/31/07 Stored Materials 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS The City of Dubuque is an addtl insured on gen liab policies incl ongoing & completed operations as well as being primary & non-contributing per form WB1482 Form CG1503 0397"Designated Projects"gen liab aggr limit form attached. Governmental Immunites End. attached.Waiver of Subrogation in favor of the City of Dubuque-Project:City Hall Lot Reconstruction f`FRTIFIf'ATF 1-1(11 ~1FR CANCELLATION ------------------- CITYDBQ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City of Dubuque 50 W. 13th St. A 52001 Dubuque I AUTHORIZED REPRESENTATN Keith M. Sin r~r~u •nee ACORD 25 (2001108) vr+~.vr.v ~~~...•~~.••--•~ •-~.. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) CRI0616716 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -CONTRACTOR'S BLANKET This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Section 11) is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. The written contract or written agreement must be: 1. Currently in effect or becoming effective dur- ing the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," "personal injury" or "advertising in- jury .. B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is only an addi- tional insured with respect to liability for "bod- ily injur}~', "property damage" or "personal and advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf: in the performance of your ongoing operations for the additional insured(s). There is no cov- erage for the additional insured for "bodily in- jury", "property damage" or "personal and ad- vertising injury" arising .out of the sole negligence of the additional insured or by those acting on behalf of the additional in- sured. 2, The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. 3. Except when required by written contract or written agreement, the coverage provided to the additional insured by this endorsement does not apply to: a. "Bodily injury" or "property damage" occur- ring after: (1) All work on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured at the site of the covered operations has been completed; or {2) That portion of "your work" out of which the injury or damage arises has been put to its Intended use byany person or organization other than another con- tractor or subcontractor engaged in performing operations for a principal as part of the same project. b. "Bodily injury" or "property damage' arising out of acts or omissions of the additional insured other than in connection with the general supervision of "your work." 4. The insurance provided to the additional in- sured does not apply to "bodily injury," "prop- erty damage," "personal injury," or "advertis- ing injury" arising out of an architect's, engineer's, or surveyor's rendering of or fail- ure to render any professional services in- cluding; a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; and b. Supervisory, or Inspection activities per- formed as part of any related architectural or engineering activities. WB 1482 05 05 West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 C, As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDI- TIONS Is amended with the addition of the fol- lowing: 4. Other insurance b. Excess insurance This insurance is excess over: Any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract spe- cifically requires that this insurance be ei- ther primary or primary and noncontribut- ing. Where required by written contract. we will consider any other insurance maintained by the additional insured for injury or damage covered by this en- dorsement to be excess and noncontrib- uting with this Insurance. When this insurance is excess, as a con- dition of coverage, the additional insured shall be obligated to lender the defense and indemnity of every claim or suit to all .other insurers that may provide coverage to the additional insured, whether on a contingent, excess or primary basis. Page 2 of 2 West Bend Mutual Insurance Company WB 1482 OS OS West Bend, Wisconsin 53095 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT{S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the /ollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCFItcbULE DESIGNATED CONSTRUCTION PROJECTS: YOUR PROJECTS AWAY FROM PREMISES OWNED aY OR RENTED TO YOU. A. For all gums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rencea" under Coverage A (Section I}, and for expanses shall reduce the Designated all medical expenses caused by accidents un- Construction Project General Aggregate der Coverage C (Section tj, which can be attri- Limit for 1hA1 designated construction buted only to ongoing operetforts at a single project. Such payments shall not reduce designated construction project shown in the the General Aggregate Limit shown in the SchadulQ abovo: Declarations nor shelf they reduce any 1. A separate Designated Construction other Designated Construction Project Project General Aggregate Limit applies to General Aggregate Limit for any other des- each designated COnstruCtlon project, and igneted construction project shown in the that limit is equal to the amount of the Schedule above. General Aggregate Limit shown !n the 4. The limits shown In the Declaratbns for Declarations. Each Occurrence, Flre Damage and Med- 2. The Designated Construction Project Gen• (Cal Expenses continue tv apply. However, eral Aggregate Limit Is the moat we will pay instead of being subject to the General Ag- For the sum of all damages under Coverage gregate Llmtt shown in the Declarations, A, except damages because of "bodly in- such limits will be subject to the applicable fury" or "property damage" included in the Designated Construction Project General 'products-completed operations hazard", Aggregate Limit. and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought: or c. Persons or organizations making claims or bringing "suits". {If no entry appears above, information required Uo wmplete this endorsement will be shown In the tkclara- tions as applicable to this endorsement.) CG 23 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 cos TMIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. CHANGE ENDORSEMENT WB100 A PAGE I OF 1 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. NONWAIYER OF GOVERNMENTAL IMMUNITY. THE INSURANCE CARRIER EXPRESSLY AGREES AND STATES THAT THE PURCHASE OF THIS POLICY AND THE INCLUDING OF THE CITY OF DUBUQUE, IOWA AS AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE CITY OF DUBUQUE. IOWA UNDER CODE OF IOWA SECTION 670.4 AS IT IS NOW EXISTS AND AS IT MAY bE AMENDED FROM TIME 70 TIME. 2. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUaJEC7 TO THE pEFENSE OF GOVERN- MENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 6TA.4 AS IT NOW EXISTS AND A5 IT NAY BE AMENDED FROM TIME TO TINE. THOSE CLAIMS NOT SUDJECT TO CODE OF IOWA SECTION 670.4 SHALL BE COVERED BY THE TERMS AND CONDITIONS dF 7HIS INSURANCE POLICY. 3. ASSERTION OF GOVERNMENTAL IMMUNITY. THE CITY OF DUAURUE, IOWA SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY, AND MAY DO 50 AT ANY TIRE AND SHALL DO SO UPON THE TEMELY WRITTEN REQUEST OF THE ENSURANCE CARRTER. 4. NON-DENIAL OF COVERAGE:. THE INSURANCE CARRIER SHALL NOT DENY COYERA6E UNDER THIS POLICY AND THE INSURANCE CARRIER SHALL NOT DENY ANY OF THE RIGHTS AND HEHEFITS ACCRUING TO TH£ CITY OF DUBUQUE, IOWA UNDER THIS POLICY FOR REASONS OF GOVERNMENTAL INkUNITY UNLESS ANO UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE(S) OF GOVERNMENTAL IMMUNITY ASSERTED BY THE CITY OF DUBUQUE, IOWA. NO OTHER CHANGE IN POLICY. THE ABDVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. W9 100 08 88 West Bend Mutual Insurance Company West bend, Wisconsin 53095 iNORKER8 COMPENSATION AND EMPl.OYERB LIA6a3TY IN8t1RANCE PaLICY ~~ M AZ 1t AZ M ~Ll '__ __ __ '_ •___ _ .r WANER OF OUR RIt3H7 TO RECOVER FROM OTHERS ENDOR8EfYENT We have the rl~ht to rooover our payments tram anyone liable for an injury oovend by this policy. 1Ma wiN not entoroe our right against the person or orgenizatian named in the ScMdub. (This ayraement appNss orgy to tMr extent that you parivnn work under a wiittan contract that raqulreri you to ohbin this ayrserneM horn us.) This agreement ahaN not operate directly or mdirec~iy to benefit anyone not named in the Schedule. Schedule CITY OF DU3000E This endorsement changes the polcy to which i i6 attached and is effeW~re on.ttu data issued unl.ss atMrwise stated. (rnc intannation stow ie required only when this endorsement is issued subsegt~ertt to Nation of the policy.) t:ndorssenenr Ethctiw 12/31/06 t'olicy ~O. Endorsement tVo. Insured YSI05987 ~ ~ ,,~ /~r«trum~ Insurance Company Ctiurrlersigtwd by ~' ~ West Bend Mutual VMC 00 0313 {04 84) Pape 1 of 1 Copyright 1!li3. Nalk~nal Council on Compensation Insurance. tnc_ Bond No. 929426517 CITY OF DUBUC~UE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNQWN ALL MEN BY THESE PRESENTS: That River City Paving, A Division of Mathy Construction, Co. as Principal {Contractor) and _Westem Surety Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal) sum of $734,864.53 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/1 `~~ day of '~ , 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated ~ % i 2007, incorporated herein by reference, has agreed with said City of Du uque to perform all labor and furnish all materials required to be performed and furnished for the 2007 Asphalt Paving 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 Band and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE BAND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contrac# 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 BAND: 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 #ools, 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 Gontracf 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 awn expense: A. Td 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, lawn, by reason of defects in workmanship or materials used in construction of said work; B. Ta 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 ar 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 stric# compliance with the plans and specifications, and will pay all claims far labor and materials used in connection with said Project, to indemnify the said City far all damages, casts and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the Gity 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 seid Project for the period specified in the Contract where this bond is obligated far 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 lee considered as a part of this Bond just as if their terms were repeated herein, Dated at Dubuque, Iowa this day of , ZDp7. cirY of 4u~u ~ City Man ger PRINCIPAL River City Paving Division of Mathy Construction Company Contractor By: Si re 91~ficfcacf 9. ~faffricaxa Y~~ -~~~o~-~~ Title SURETY Western Surety Company Surety Company ...„ BY~ ~ `~~ S' n ture ,. Jill N. Swanson, Attorney-In-Fact Title Willis of Minnesota, Inc. 4000 Olson Memorial Highway, Suite 300 ~Rflli~ MN 55422 , , ,, ,,,. City, State, Zip Code 763-302-7100 Tel ne f /~ r ey In Fact Laurie F. Pflug Surety Acknowledgement State of Minnesota } ss. County of Hennepin } On this day of 2007 ,before me personally came Jill N. Swanson , to me known, who, being by me duly sworn, did depose and say that he is an attorney-in-fact of Western Surety Company the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney in Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. ~~ _ ~ARRAR~ L. K.~LLAR NGTARY c~'~S~l~.~AlNNESOTA My commission expires ~ «r cammreoan ex tr ~, zp1a Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By Tbese Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Ray C Henningson, Richard G Donovan, Nina E Werstein, Barbara L Raedeke, Laurie F Pflug, Jill N Swanson, Jerry Ouimet, Dennis G Loots, B. L. Kellar, Wayne L Nyberg, Brian D Carpenter, Denise D Wishcop, Jennifer Miller, Individually of Minneapolis, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instmmcnts of similar nature - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instmments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice Presidrnt and its corporate seal to be hereto affixed on this 16th day of April, 2007. ~TM WESTERN SURETY COMPANY ~o~'~0i4i ~ atw Paul . Bniflat, Senior Vice President State of South Dakota ss County of Minnchaha On this 16th day of April, 2007, before me personally came Paul T. Bruflat, to ine Imown, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; 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 corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation My commission expires •++++++++++++++++++++++++ + ' D. KRELL rr November 30, 2012 ~/~Nt7rARY PUBLIC/~~ r SOUTH DAKt7rA r r ~+++++++++++++++ti~++++++ ~ CERTIFICATE D.1Creii, No Public I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof 1 have hereunto subscribed my name and affixed the seal of the said corporation this day of ~~"'"~qj WESTERN SURETY COMPANY ~+ 3E Ayf/i rrr 0~ L. Nelson, Assistant Secretary Form F4280-09-06 CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (th ontract), made in triplicate, dated for reference purposes the ~ day of ~ 2007, between the City of Dubuque, Iowa, by its City Manager, through a t ty conferred upon the City Manager by its City Council (City) and River City Paving, A Division of Mathy Construction Co. of the City of Dubuque, Iowa. For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the 2007 Asphalt Paving 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 November 2, 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 attorney 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 $734,864.53 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 and 00/100 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 OFD UQ ~, IOWA` By ,~~-~ ,! ~ _ City anager PRINCIPAL Contractor By: r- ..~'~ ~'- --~ Sig ur Title CERTIFICATE OF CITY CLERK This is to c~e~fy that a c~.~t~fied copy of the above Contract has been filed in my office on the ~ day of ~/ ~~~ , 2007 ~, %~~t/,~'~.z'-Ci ~ ~ ~ anne F. Schneider, CMC, City Clerk Authorizing By-Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate sea! may be printed by facsimi{e. BOND #GRIA157336 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND Klauer Development Corp. dba Klauer KNOWN ALL MEN BY THESE PRESENTS: That Construction Company as Principal (Contractor) and Granite Re, Inc. as Surety are held firmly bound unto the City of Dubuque, (owa (City), in the penal sum of $62,696.00 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 11th day of Mav , 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated May 11th , 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 3~d Floor Office Expansion Project -Dubuque City Hall (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 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 Ciry 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 11th day of May , 2007. CITY OF DUBUQU , IOWA V B: Y ~-~1 City Manager PRINCIPAL By: ~~ ~s~~ Title SURETY Granite Re, Inc. Surety Company By: '~~ Signat Liz Mosca Attorney-in-Fact Title 14001 Quailbrook Drive Oklahoma City, OK 73134 City, State, Zip Code 800-535-0006 Telephone Klauer Development Corp. dba Klauer Constr~-clion Company Liz Mosca 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. State of County of Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Partnership) 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. State of County of Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) On this day of _ , in the year 20 __ ,before me personally come(s) ____ __ , to me known, who, being duly sworn, deposes and says that he resides in the City of _______ that he is the of the the corporation described in and which executed the foregoing instrument,and that he signed his name thereto by like order. Notary Public ACKNOWLEDGMENT OF SURETY State of Wisconsin County of St. Croix On this 11th day of Mav , in the year 2007 ,before me personally come(s) Liz Mosca 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. P` .. r' GRANITE RE, INC. GENERAL~POWER OF ATTORNEY Know al I 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 SecretarylTreasurer, this 30~h day of August, 2005. lE ItR b~M'rV ~vQ ~l5~~/!.~l. ~ s F '~ ~' R. Darryl Fisher ~ e President ~~- STATE OF OKLAHOMA ) 4i,.,r• ) SS: -- 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 Secretaryll"reasurer 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 SecretarylTreasurer, respectively, of the Company. p ~ / r0 My Commission Expires: May 9, 2008 , 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 J I th day of May , 20 07 . MERE o•"~..a,.,, seat, R r retary reasurer ^.t..~r. GR0800-1 CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the ~_ day of _ ~ 2007, between the City of Dubuque, Iowa, by its City Manager, through auth ty conferred upon the City Manager by its City Council (City) and Klauer Development Corporation 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 3~d Floor Office Expansion Project -Dubuque City Hall (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 full complete the Project under this Contract on or before July 6, 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 attorney 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 $62,696.00 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 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 and 00/100 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 DU QUE, I WA By ~~ ~ ~ City Manager ~LA-U!!R PRINCIPA ~N~~R~~~N CaDatP,t~V?' By: CERTIFICATE OF CITY CLERK This is to certify that a certi ' d copy of the above Contract has been filed in my office on the ~'~ day of ,cam , 2007. anne F. Schneider, CMC, City Clerk Title CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (t a Contract), made in triplicate, dated for reference purposes the ~~ day of 2007, between the City of Dubuque, Iowa, by its City Manager, through au ority conferred upon the City Manager by its City Council (City) and Alan Jackson Tuckpointing, Inc. of the City of Bellevue, 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 Downtown Streetlight & Traffic Signalization Pole 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 17, 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 attorney 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 $46,571.00 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 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 and 00/100 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 C' y Manager PRINCIPAL Contractor BY~ ~ ' na~t /.. V-a Title CERTIFICATE OF CITY CLERK This is to certify that a ce~#' red copy of the above Contract has been filed in my office on the%~~''~' day of ~ ' ~~ , 20 7. n ~1 eanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Alan Jackson Tuckpointing, Inc. as Principal (Contractor) and Merchants Bonding Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $46,571.00, 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 14th day of May , 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated May 14 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 Downtown Streetlight & Traffic Signalization Pole 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: 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 May , 2007.. CITY OF DUBUQUE, IOWA City anager PRINCIPAL Alan Jackson Tuckpoi.ntin~, Inc. Contractor sy: . Sig tur e r y Jackson Title Vice-President SURETY Merchants Bonding Company Surety Company ~~ By: / Signature Te ance J . Friedman TitleAttorney-i n-Fact Dubuc}ue, IA ~~nnl City, State, Zip Code 563-556-0272 Telephone Terrance J. Friedman Attorney In Fact Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Robert J. Miller, Terrance J. Friedman, Scott A. DeSousa of Dubuque and State of Iowa its true and lawful Attomey-in-Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: ONE MILLION FIVE HUNDt2ED THOUSAND (51,500,000.00) DOLL~j..~S and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002. ARTICLE II, SECTION 8 -The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute an behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE II, SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attomey or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and its corporate sea! to be hereto affixed, this 16th day of January, 2006. STATE OF IOWA COUNTY OF POLK ss. .•""'•. : ~O~NG •CD,~A. ;~O.OAP0,9.• q• -o- •Z' ~:3• y 1933 ; ~; .~ti. . ~d .a . • ,iw. ..`,~ . • ., '••..... MERCHANTS BONDING COMPANY (MUTUAL) a ~~ President On this 16th day of January, 2006, before me appeared Lany Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. CINDY SMYTH /~/R-. Commission Number 173504 1. My Commission Expires March 16, 2009 Notary Pu6lk:, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full farce and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 14thiay of May , 200 ~O?OR P O,Q ~'°y' • ~ Ca 9i~ :Z,c • y ~/~ a' 1933 ' 3• Secretary • J '. POA 0001 (1 /06) '•6~~y' • ~ •''{'C~: ~. ••...• QCORQM CERTIFICATE OF LIABILITY INSURANCE 05/14/2007) PaoDUCER t(563) 556-0272 FAX (563) 556-4425 Friedman Insurance, Inc. 880 Locust Street - Suite 200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 Box 759 Dubuque, IA 52004-0759 INSURERS AFFORDING COVERAGE NAIC # INSURED Alan Jackson Tuckpointing, Inc. INSURER A: West Bend Mutual Insurance 15350 3900 St. Catherines Rd. INSURER B: Bellevue, IA 52031 INSURER C: INSURER D: INSURER E: COVERA E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILm CPI032111107 05/01/2007 05/01/2008 EACH OCCURRENCE $ 1, 000, 00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 2OO , OO CLAIMS MADE a OCCUR MED EXP (Any one person) $ lO OO r A PERSONAL & ADV INJURY $ 1 , OOO , OO GENERAL AGGREGATE $ 2 , OOO , OO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , OOO , OO POLICY PRO LOC JECT AUT OMOBILE LIABILITY CPI032111107 O5/O1/2007 O5/O1/2008 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY A SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY CPI032286707 05/01/2007 05/01/2008 EACH OCCURRENCE $ 2 , 000, 00 X OCCUR ~ CLAIMS MADE AGGREGATE $ 2 ~ 000 ~ 000 A $ DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION AND ' WCI032286807 05/01/2007 05/01/2008 X WC sTATU- oTH- A EMPLOYERS LIABILRY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ ZOO , OO OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ lOO , OOO If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 5OO , OOO OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS he City of Dubuque is an additional insured on general liability policies incl. ongoing & completed perations coverage equivalent to .ISO CG2010 0704 & CG2037 0704. General liability policy is primary & on-contributory and includes CG2503 0397 "Designated Projects" General Liability aggregate limit overnmental Immunities included. Workers compensation includes Waiver of subrogration in favor f City of Dubuque. The City of Dubuque City Hall 50 W. 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL IKr~X>X MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFlCATE HOLDER NAMED TO THE LEFT, ~( x111s41(11(d414~J61kX)~(~1GKDfXXX AUTHORIZED ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) r CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance ' shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity- The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier- 4. Non-Denial of Coverage. The Insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of govemmental immunity unless and until a court of competent jurisdiction has rued in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Chance in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy.