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Improvement Contract_Maintenance BondsRESOLUTION NO. 414-07 APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS Whereas, the City Council has awarded the following public improvement contracts: 1. By Resolution No. 256-07, Public Improvement Contract for the US 52 North Storm Sewer Improvement project; and 2. By Resolution No. 259-07, Public Improvement Contract for the Grand River Center Carpet Replacement Project; and 3. By Resolution No. 288-07, Public Improvement Contract for the Third Street Overpass Light Replacement Project; and 4. By Resolution No. 320-07, Public Improvement Contract for the Star Brewery Drive Construction Project. Whereas, the Contractors have submitted the 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 6th day of August, 2007. f, ~ 7 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That McClain Excavating Company, Inc. as Principal (Contractor) and The Ohio Casualty Insurance Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $189,712.00 the same being 100% of the total price of the Contract for the Project herein referred to, lawful money of the United States of America, well and truly to be paid to said City of Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are intended to be protected and secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, this 2nd day of July , 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated July 2nd , 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 US 52 North Storm Sewer Improvement 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 famishing 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 shalt be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 2nd day of Judy 2007. CITY OF DUBUQUE, IOWA By: City anager PRINCIPAL: By: Title SURETY: The Ohio Casualty Insurance Company Surety Comp/any Signat r Liz Mosca Attomey-in-Fact title 9450 Seward Rd Fairtield OH 45014 City, State, Zip Code 800-535-0006 Telephone Liz Mosca Attomey In-Fact McClain Excavating Company, Inc. State of County of On this in the year 20 ,before me personally come(s) , to me known and known to me to be the person(s) who (is) (are) described in and executed the foregoing instrument, and acknowledge(s) to me that he executed the same. Notary Public State of County of On this come(s) , a member of the co-partnership of to me known and known to me to be the person who is described in and executed the foregoing instrument, and acknowledges to me that he executed the same as for the act and deed of the said co-partnership. Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporation) State of ~,_(,[J u'y ~L. County of I .) i,~i„Ai,! i;'•.L. ~~ ~ On this ~~ day of ~~~ i.,~~-'~-~, , in the year 20~J7, before me personally come(s) MUD (~~ ~_~) . ~~ L ~ c;',^ n , to me known, who, by~eing duly sworn, deposes and says that he resides in the City of ~ ~~ ir~~'~, that he is the 1~ v'~Z_~ ' ~ ~ ~-+"~ ~ of the ~`~ ~.i (L~-a n t_~c.~i,U/'~ ~..fi a'~1 ~ ~.t. i ~ V~-~= the corporation de ror~itcrl foregoing instrument,and that he signed his name thereto by like order. ~~'"'s~. LfNDA A. AUGUSTIN Commission Numb r, 7 8899 ,a„~ My Comm. Exp. Cy T ~ i rJ ,~.;'"Y~.L.~~. ~ ~\^~Y1 Notary Public ~l State of Wisconsin County of St. Croix On this 2nd come(s) Liz Mosca ACKNOWLEDGMENT OF PRINCIPAL (Individual) day of ACKNOWLEDGMENT OF PRINCIPAL (Partnership) day of ACKNOWLEDGMENT OF SURETY day of J~ , in the year 2007 ,before me personally Attorney(s)-in-Fact of The Ohio Casualty Insurance Company 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 The Ohio Casualty Insurance Company ,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 Compan~~~t he signed said instrument as Attomey(s)-in-Fact of the said Company by like order. ~--,`~~q,'F~"Y PU/311~Ittttit~ O •,;, ~' . ~ ~~ .~ a N~,1aS: i ~, r ~ ~~~- f~TFOF W~SG~~ in the year 20 ,before me personally ~~ Notary Public 16-N CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUA~L'~'Y INSURANCE COMPANY WEST AMERICAN )CNSURANCE COMPANY No. 39-742 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint: Michael J. Douglas, Chris Steinagel, Liz Mosca or Susan Forness of Hudson, Wisconsin its true and lawful agent (s) and attomey (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES excluding, however, any bond(s) or undertaking(s) guazanteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regulazly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 15th day of January, 2007. ,g~~~ \N9Uq.\ c .~>ll!~~1y~f / ''WW `e SEAL '' SEAL / ~ ;~ iiV y~~ ~G~.,^ ~ Q.t~P~vGe' Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 15th day of January, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instmment, and he acknowledged the execution of the same, and being by me duly sworn deposes and says that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. uMq,N a a r' !t ~!~'~!. ' ' •;c s _ ~~c .~ 'r4~eiT' Notary Public in and for County of Butler, State of Ohio My Commission ex fires August 6, 2007. This power of attomey is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article III, Section 9. Appointment of Attomevs-in-Fact. The Chairman of the Boazd, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official boazd or boazds of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above resolution of their Boards of Directors aze true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 2nd day of July, 2007 INS c ~~Ut i~Jj~i PAW!- __ ~ e ~~ ~~ ~$ yn.3EAL''s ~, SEAL,g ~"d ;. Assistant Secretary 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 authorit~i conferred upon the City Manager by its City Council (City) and McClain Excavating Co., Inc. of the City of Peosta, 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 US 52 North Storm Sewer Improvement 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 October 12, 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 $189,712.00 M 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 DUBU E, IOWA ~~ By ~ ' C y Manager PRINCIPAL: 'Contractor By: ignatur P ~~~~~.r .?~ Title CERTIFICATE OF CITY CLERK This is to certify> a certified y f t e above Contract has been filed in my~ffice on the ~ day of l~ , 2007. nne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 18th day of June, 2007, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Commercial Flooring Company of 9094 St'onewood Drive 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 GRAND RIVER CENTER CARPET REPLACEMENT PROJECT (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross sections on file in the City Engineer's office for this Project, in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Documents all of which provisions and documents are each and all hereby made a part of this Contract just as much as if the detailed statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5%) of the Contract price shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the specifications including General Requirements and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before September 7, 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 $114,245 FURTHER CONDITIONS The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or with any public officer, whereby it has paid or is to pay any other bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any agreement or arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the letting of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event be less than $100.00 (One Hundred Dollars) as liquidated damages to the City. The surety on the bond furnished for this Contract, shall in addition to all other provisions, be obligated to the extent provided for by Iowa Code § 573.6, relating to this Contract, which provisions apply to said bond. The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. CITY OF UBUQ E, IOWA sy ~ ~,: ~~--_ __ C y Manager PRINCIPAL: Contractor sy: Signature Title CERTIFICATE OF CITY CLERK This is to ce ify that a ce 'fie co of the above Contract has been filed in my offic on the~_ day of , 2007. eanne F. Schneider, CMC, City Clerk CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Commercial Flooring Company as Principal (Contractor) and Merchants Bondi n Company as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $114,245 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 3rd day of July , 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated June 18, 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 GRAND RIVER CENTER CARPET REPLACEMENT PROJECT (the Project) according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE BOND: The Contractor shall well and faithfully observe, perform, fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof, for the Project, and shall indemnify and save harmless the City from 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 3rd day of _ July , 2007. CITY OF DUBUQUE, IOWA PRINCIPAL: BY~ ,~~,~~%~/~~~~~ Commercial Flooring Company City Manager Contractor By: Si ature Vcf/ Title SURETY: Merchants Bonding Comp~n Suret Company - ~ By: Sign ure Attorney-in-fact Title Dubuque, Iowa 52001 City, State, Zip Code 563-556-0272 Telephone Robert J. Miller Attorney I n-Fact CITY OF DUBUQUE, IOWA SALES AND USE TAX EXEMPTION CERTIFICATE The City of Dubuque, as a designated exempt entity awarding construction contracts on or after January 1, 2003, may issue special exemption certificates to contractors and subcontractors, allowing them to purchase, or withdraw from inventory, materials for the contract free from sales tax pursuant to Iowa Code Sections: 422.42 (15) & (16), and 422.47 (5). This special exemption certificate may also allow a manufacturer of building materials to consume materials in the performance of a construction contract without owing tax on the fabricated cost of those materials. If the Jurisdiction, at its option, decides to utilize this exemption option, it will so state by special provision and publication in the Notice of Hearing and Letting. 1. Upon award of contract, the Jurisdiction will register the contract, Contractor, and each subcontractor with the Iowa Department of Revenue and Finance; and distribute tax exemption certificates and authorization letters to the Contractor and each subcontractor duly approved by the Jurisdiction in accordance with Section 1030, 1.10, B. These documents allow the Contractor and subcontractors to purchase materials for the contract free from sales tax. The Contractor and subcontractors may make copies of the tax exemption certificate and provide a copy to each supplier providing construction material. These tax exemption certificates and authorization letters are applicable only for the work under the contract. 2. At the time the Contractor requests permission to sublet in accordance with said Section 1030, 1.10, B, the Contractor shall provide a listing to the Jurisdiction identifying all subcontractors, including the Federal Employer Identification Number (FEIN) for the Contractor and all subcontractors, as well as the name, address, telephone number, and a representative of the organization which will perform the work, a description of the work to be sublet, and the associated cost. 3. The Contractor and each subcontractor shall comply with said Iowa Code Sales Tax requirements, shall keep records identifying the materials and supplies purchased and verify that the were used on the contract, and shall pay tax on any materials purchased tax-free and not used on the contract. SPECIAL PROVISIONS An out-of-State contractor, before commencing a contract in excess of $5,000.00, shall, pursuant to Iowa Code 91 C.7(2), file a bond with the Division of Labor Services of the Department of Employment Services. The Surety Bond shall be executed by a Surety Company authorized to do business in the State of Iowa, and the bond shall be continuous in nature until canceled by the Surety with not less than 30 days written notice to the contractor and to the Division of Labor Services of the Department of Employment Services indicating the Surety's desire to cancel the bond. The bond shall be in the sum of the greater of the following amounts: a. $1,000.00 b. 5% of the contract price Release of the bond shall be conditioned upon the payment of all taxes, including contributions due under the unemployment compensation insurance system, penalties, interest, and related fees, which may accrue to the State of Iowa or its subdivision on account of the execution and performance of the contract. If any time during the term of the bond the Department of Revenue and Finance determines that the amount of the bond is not sufficient to cover the tax liabilities accruing to the State of Iowa or its subdivision, the Department will require the bond to be increased by an amount the Department deems sufficient to cover the tax liabilities accrued and to accrue under the contract, as provided under Iowa Code 91 C.7(2). If it is determined that this subsection may cause denial of Federal Funds which would otherwise be available, or would otherwise be inconsistent with requirements of Federal law, this section shall be suspended, but only the extent necessary to prevent denial of the funds or to eliminate the inconsistency with Federal requirements. 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 Attorney-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 HUNDRED THOUSAND {$1,500,000.00) DOLLa;<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-Attorney 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 vce President or Secretary shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contrails 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 Attorney 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. .•---•. •• ~ •. ~p~~... ~O,~A • mo~oaPO9q~9y~• .2; v: • :3• s~ 1933 • ~; J. ~~b• • d • a - • ,~i~. • •`-~ . • • • • •••..... MERCHANTS BONDING COMPANY (MUTUAL) ~~ President On this 16th day of January, 2006, before me appeared Larry Taylor, to me personalty 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 Direilors. 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. t~ CINDY SMYTH L/ jy- ~F Commission Number 173504 1.w+r-"- // MY Commission Expryes ~f March 16, 2009 Notary Public, 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 corned copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still in full force 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 3rd day of ~ U ~ y 2007. POA 0001 (1/06) •...... ~ .. ~o~'oaPO,q!~'O9z. .~. ~: • -o_ • :_~- °: 3• ~•• 1933 • •c. . J •~b. . 6,ti~, . ~ . • •~.~d . Secretary 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 authority conferred upon the City Manager by its City Council (City) and Giese Sheet Metal Co., 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: To furnish all material and equipment and to perform all labor necessary for the Third Street Overpass Light Replacement Project (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross sections on file in the City Engineer's office for this Project; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5%) of the Contract price shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the specifications including General Requirements and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before September 7, 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 $39,474.60 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 keep and maintain the Project in acceptance of the same by the therefore. CITY OFD BUQUE, IOWA ~. By ~ ~~ ~,~~~, ity Manager By: CERTIFICATE OF CITY CLERK This is to certify that a certified spy the above Contract has been filed in my office on the /g"~day of , 2007. anne F. Schneider, CMC, City Clerk its bond shall b good repair for City Council and e surety therefore, that it will a period of two years after its bond shall be security PRINCIPAL Bond No. ILIFSU0437680 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Giese Sheet Metal Co., Inc. as Principal (Contractor) and Internatia~al l;ty Ins~-~ne as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $39,474.60 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 10th day of July , 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated ,T„i~ i~rh , 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 Third Street Overpass Light Replacement Project (the Project) according to the Contract and Construction Documents prepared therefore. It is expressly understood and agreed by the Contractor and Surety bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 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 alf 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 10th day of July , 2007. F• CITY OF DUBU UE IOWA City Manager PRINCIPAL: Gi Sheet tal Co. Inc. ontractor ~- By `i ~ -~ ignature ` ~• Title SURETY: International Fidelity Insurance C:~mpany Surety Company By. `~i2 ~x c,U-w Signature 9 Roxanne Jensen, Attorney-in-Fact Title Green Bay, WI 54305 City, State, Zip Code 800) 437-0555 Telephone Roxanne Jensen Attorney In-Fact Tel (`"~, 624-'Z°o POVtjER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: CJhIE NEWARK CENTER,. 20"1'H PLOOR NEWARK, NEW JERSEY 071D2-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having itslirincipal office in the City of Newark, New Jersey, does hereby constitute and appoint 1EEPREYR. MEISINGBR, TRUI3Y A. DUERR, TROY CARLSON, BRIAN KRAUSE, CHERYL STEM, ROXAI~TNE JENSEN„KELLY CODY, CHRISTOPHER Ii. KONDRICK, KENT ARPS Milwaukee, WI. its [rue hnd lawful attorney(s)-in-fact to execute, sea( and deliver for and on its behalf assurety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory m the nature thereof, which are qr inay fie allowed, required or henn~tted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, ..shall be as hindtng upon die said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and atnpiy, to all itntents and purposes, as if thesame had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorneyy is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By-Laws ado led by the Board of Directors of'QVTERNATiS3NAlt. FIDE,-tTY INStJR~1NCE COMI'A1sIY' at a meetit}g called: and held an die 7th day of February, 974. The I'residentor any. Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (I) To appoint Attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seahof the Company thereto, bonds and undertakings, contracts of mdetnnity and :other writings obligatory in the nature thereof and, (2) To remove, at anytime, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted. at a meeting duly called and held on [he 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and bmdtng upon the Company :and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the funrte with respect to any bond or undertaking to which it is attached. /~~,~ 11' //~/J. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be ;\ ~/ signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003. r ~ ~q ~O~ ~~~ "Z INTERNATIONAL FIDELITY INSURANCE CO NY SEAL m y ~ 904 ~ STATE OF NEW JERSEY ~,, ~ County of Essex y ~~ERS a .~'~Iy~ ~ ~~ Secretor On this 29th day of August 2003, before me came the individual who executed the preceding instmment, to me personallyy known, and; being:. by me duly sworn, said the he is the therein described and .authorized officer of the INTERNATIONAL FIDELITY INSURANCE CQMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said. Corporate Seal and; his signature were duly affixed by order of the. Board of Directors of said Company. ~~~(~~ IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official'Seal, ~ ~• ~~ at the City of Newark, New Jersey the day and' year first above wntteh. O NOTARY ~ "~ P U 8 t. I C ~ ~ ~. L.r ylr 2~'JEFts~ A NO'T'ARY PUBLIC OF NEW JERSEY CERTIP[CATION MY Commission Expires Nov.21; 2010- I, the undersigned officer of IN1'ERNATIC3NALEIDELITY INSURANCE CONIPANI' da hereb~~ cet'tify that r have compared the foregoing copy of die Power. of Attorney and affidavit, and the eopy of the Section of theBy-Laws of said Companyas set form in said 1'uwei• of Attorney, with the ORIGINALS QN IN TT-IE HOME OFFICE OF SAID'COMPANY, and that the same. are Correct transcriptsthereof anti of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now ire full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this. J~ ~-~ day of ~~ (~{ ~ ~j~ ~,j 7 ~2~ f ~~T ~--- Assis[aiit tiecretary .~ r . CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT STAR BREWERY DRIVE CONSTRUCTION PROJECT 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 authority conferred upon the City Manager by its City Council (City) and Portzen Construction, Inc. of the City of Dubuque, Iowa. For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the Star Brewery Drive Construction Project (the Project). The Project shall be made to the established grade and to the grades as shown on the profiles and cross sections on file in the City Engineer's office for this Project; in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. 5. Five percent (5%) of the Contract price shall be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. !-' 6. The Contractor has read and understands the specifications including General Requirements and has examined and understands the plans herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any other defect in any part of the Project due to improper construction notwithstanding the fact that said Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security therefore. 8. The Contractor shall fully complete the Project under this Contract on or before September 21, 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 $529,673.60 .. .. 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 UB Q~E, IOWA By 2,, ~ ~~/--. C' y Manager PRINCIPAL: By: CERTIFICATE OF CITY CLERK This is to certify t certified y f th above Contract has been filed in my office on the l~ day of , 2007. Jeanne F. Schneider, CMC, City Clerk ~,Tz Prk ot.:S~Y'u ~ ~9~r ~lG~ Contractor 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 $529,673.60 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 antl secured hereby for which payment we bind ourselves, our heirs, executors, successors and assigns, jointly and severally by these presents. Dated at Dubuque, Iowa, #his day of , 2007, and duly attested and sealed. WHEREAS, the said Contractor by a Contract dated 2007, incorporated herein by reference, has agreed with said City of Dubuque to perform ail tabor and furnish all materials required to be performed and furnished for the Star Brewery Drive Construction 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 Documen#s by all its subcontractors, suppliers, agents, or employees fumishing materials or providing Tabor in the performance of the Contract. 2. PAYMENT BOND: The Contractor and the Surety shall pay atl just claims submitted by persons, firms, subcontractors, and corporations fumishing 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 pertorm all of the work contemplated by the Gontract 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 pertormance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the condi#ions of this bond mus# 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 ~2tn day of Judy , 2007. CITY OF DUBUQUE IOWA City M ager PRINCIPAL: Portzen Construction, Inc. Contractor ay: Si nat Title SURETY: United Fire & Casualty Company Surety Company By. ~ k. o~.~.,(~, Signa ure Attorney-in-Fact Title Dubuque, IA 52001 City, State, Zip Code (563)556-5441 Telephone Attorney In-Fact ~acaR> D CERTIFICATE OF LIABILITY INSURANCE CSR DH DATE (MM/DD/YYYY) ` PORTZ-1 07 13 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 PO Box 1810 , 500 Iowa Street 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 Ins. CO 15350 Portzen Construction Inc P t L i I INSURER B: or zen eas ng ng . Portzen Building Firm LLC INSURER C: 205 Stone Valle Dr. Dubuque IA 5200 INSURER D: INSURER E: V V V CR/il.]CJ 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER LI IVE DATE MM/DD/YY LI Y E RA 1 N DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , OOO , OOO A X X COMMERCIAL GENERAL LIABILITY CPI061671605 12/31/06 12/31/07 PREMISES (Eaoccurence) $200,000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ lO , OOO PERSONAL&ADVINJURY $ 1 000 000 X Per Project Aggre GENERAL AGGREGATE , , $2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: P PRODUCTS -COMP/OP AGG , , $ 2 , OO O , O O O RO LOC POLICY JECT AUT OMOBILE LIABILITY A X ANY AUTO CPI061671605 12/31/06 12/31/07 COMBINED SINGLE LIMIT (Ea accident) $ 1 OOO OOO r ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A g HIRED AUTOS A X NON-OWNED AUTOS BODILY INJURY (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 $ lO , OOO , OOO A X OCCUR ~ CLAIMSMADE CUI059879604 12/31/06 12/31/07 AGGREGATE $ 10,000,000 DEDUCTIBLE $ X RETENTION $WAIVED $ WORKERS COMPENSATION AND - EMPLOYERS' LIABILITY TORY LIMITS ER A YSI059878704 12 31 ANY PROPRIETOR/PARTNER/EXECUTIVE / /06 12/31/O7 E. L. EACH ACCIDENT $SQQOOQ OFFICER/MEMBEREXCLUDED~ IA, IL & WI E L DISEASE-EA EMPLOYEE $SOOOOO If yes, describe under . . SPECIAL PROVISIONS below E. L. DISEASE-POLICY LIMIT $500000 OTHER A Installation Float CPI061671605 12/31/06 12/31/07 Stored Materials 250,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /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 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:Star Brewery Drive (See Notes Cancellation Wording**) CERTIFICATE HOLDER t^eNrFl I eTlnNl CITYDBQ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Dubuque IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 50 W. 13th St. Dubuque IA 52001 REPRESENTATNES. AUTHORIZED REPRESENTATIVE A,~ Keith M. Sindb ~~ /~/L_ ' ACORD 25 (2001/08) ACORD CO~ATION 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. +VRV G.7 ~GVV I7V0J I~IOT~PAD HOI:.D~RCODE CITYDBQ PORTZ-1 INSURED'SNAME Portzen Construction Inc CSR DH **Should any of the described policies be cancelled before the expiration date hereof, West Bend Mutual will mail 30 days written notice to the City of Dubuque and 10 day notice of cancellaton if cancelled for non payment of premium. PAGE 3 DATE 07/1,3/07 CP10616716 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 II) 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- ilyinjury", "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 insureds}. 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 ak the site of the covered operations has bean completed; or (2} That portion of "your work" out of which the injury or damage arises has been put to its intended use by any 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." Q. 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 ar 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 1d82 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. 1=xcess 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 tender the defense and indemnity of every claim or suit to all other insurers that may previde 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 53x95 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 following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHf:l3ULE DESIGNATED CONSTRUCTLON PROJECTS: YOUR PROJECTS AWAY FRDN PRENI5E5 DWNED by DR RENTED TO YOU. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Coverage A (Section (}, and for all medical expenses caused by accidents un- der Gaverage C {Section t), which can be attri- buted onry to ongoing operetforts at a single designated construction project shown in the SCh4dUIQ shoos; 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown In the Declarations. 2. The Designated Construction Protect Gen- eral Aggregate Limit is the mast we will pay For the sum of all damages under Coverage A, except damages because of "bodily in- jury' or "property damage" tncluded in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of the number of: a, Insureds; h. Claims made or 'suits" brought: or c. Persons or organizations making claims or bringing "suite". 3. Arty payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that dt:slpnpted oonstruction project. Such payments shall not reduce the General Aggregate Limit shown in the Declaratbns nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other des ignated mnsiruction project shown in the Schedule above. 4. The Ilmlts shown In the Declaratbns for Each Occurrence, Flre Damage and Msd- Ical Expenses continue to apply. However, Instead of being subject to the General Ag- gregate Llmtt bhown in the Declarations, such Ilmlts will be subject to the applicable Designated Construction Project General Aggregate Limit. (If no entry appears shoot, information required to complete this endorsement will be shown In the t)cetara- tions as applicable 1o this entiarsement.) CG 2s o3 03 97 Copyright, Insurance Services Offlca, Inc., 1996 Paga 1 of 2 10S THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. WBIOO A PAGE I of ICHANGE ENDORSEMENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE PART CITY OF pUaUQUE, IOWA GOVERNMENTAL INNUNITIES ENDORSEMENT I. NONWAIVER OF GOVERNMENTAL IMMUNITY. THE INSURANCE CARRIER EXPRESSLY AGREES AND STATES THAT THE PURCHASE OF THIS POLICY AND 7HE 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 470.4 AS IT IS NOW EXISTS AND AS IT MAY BE AMENDED FROM TINE TD TIME. 2. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUaJECT TO THE pEFENSE OF GOVERN- MENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 470.4 AS IT NOW EXISTS AND A5 IT MAY BE AMENDED FROM TIME TO TIME. THOSE CLAIMS NOT SUBJE[T TO CODE DF IOWA SECTION 670.4 SHALL BE COVERED BY THE TERMS AND CONDITIONS OF THIS INSURANCE POLICY. 3. ASSERTION OF GOYERNhIENTAL IMMUNFTY. 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 T[MELY WRITTEN REQUEST OF THE INSURANCE CARRTER. 4. NON-DENIAL OF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE UNDER THIS POLICY AND THE INSURANCE CARRIER SMALL NOT DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE CITY OF DUBUQUE, IOWA UNDER THIS POLICY FOR REASONS OF GOVERNMENTAL IMMUNITY UNLESS AHD UNTLL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE(S) OF GOVERNMENTAL IMMUNITY ASSERTED 6Y THE CITY OF DUBUQUE, IOWA. NO OTHER CHANGE IN POL[CY. THE A6DVE PRESERVATION OF GOVERNMENTAL INNUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. WB 100 06 88 West Bend Mutual Insurance Company West Bend, Wiscoas'ta 53095 ,~ WORKERS CONDENSATION AND EMPLOYER8 LIA6LJTY INSURANCE POLICY ~~ M A! ~! /~ AI 1 WANER OF OUR RIGHT TO RECOVER FROM OTHERS Vide have the right to recover our payments tram anyone liable iior an injury covered by this policy. We will not enforce our right against the person or organization named in the 3chsdub.l;7his agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement fiorn us.) This agreement shall not operate directly or indirectly to benefit anyone not Warned in the Schedule. Schedule CITY OF DU><UQUE This endorsement chsnprs the policy m which it is agached and is sifoctive on fho date issued unless othanvise stated. ~fic information blow is required only when this s~ndorsemern fs iswad subsequent to preparation oT the potiry,l Endorsemerx EHSetlw 12/31/06 Potky too, Erdornement No. Insured YSI059878704 Premiurr+i Insurance Company Courtwsiprwd by West Bend Mutual VNC 04 0313 (04 84) Page 1 of 1 Copyright 18tq. National Cowtcl! oft Compet~satlon Insurance, inc.