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.
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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)
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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.