Improvement Contract/Bond_Top Grade Excavating_Key West Drive Reconstruction Copyright 2014
City of Dubuque Consent Items # 34.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Hawkeye Electrical for the Dubuque City Hall Electrical
Service Project; McDermott Excavating for the Heeb Street
Retaining Wall Project; SAK Construction, LLC for the FY
16 (Cl PP) Sanitary Sewer Lining Project; Top Grade
Excavating for the Key West Drive Reconstruction Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Hawkeye Electrical Contract and Bond Supporting Documentation
McDermott Excavating Contract and Bond Supporting Documentation
SAK Construction, LLC Contract and Bond Supporting Documentation
Top Grade Excavating Contract and Bond Supporting Documentation
Dubuque County Contract Form CONTRACT
Form C2015
Kind of Work: Grading & Paving—Dubuque County on Key West Dr. Project No.: LOST-17(01)--73-31
Kind of Work: Grading &Paving &Water Line—City of Dubuque on Key West Dr. Project No: CIP#7402954
THIS AGREEMENT made and entered by and between Dubuque County, Iowa, and the City of Dubuque, Iowa,
collectively the Contracting Authority, and Top Grade Excavating, Inc., 971 9th Ave NW, Farley, IA 52046, Contractor.
WITNESSETH: That the Contractor, for and in consideration of two million six hundred twenty-two thousand four hundred
fifty-three dollars and twenty-six cents ($2,622,453.26) payable as set forth in the specifications constituting a part of this
contract and in the 28E Agreement for this project between the City of Dubuque, Iowa and Dubuque County, Iowa, hereby
agrees to construct in accordance with the plans and specifications therefore, and in the location designated in the notice
to bidders, the various items of work on the following three pages of this contract.
Said specifications and plans are hereby made a part of and the basis of this agreement, and a true copy of said plans {
and specifications are now on file in the office of the County Auditor under date of March 28, 2016.
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That in consideration of the foregoing, the Contracting Authority hereby agrees to pay the Contractor, promptly and
according to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the
specifications and the terms and conditions set forth in the 28E Agreement for this project between the City of Dubuque,
Iowa and Dubuque County, Iowa.
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That it is mutually understood and agreed by the parties hereto that the notice to bidders, the proposal, the specifications
for Project No. LOST-17(01)--73-31 and CIP #7402954 in Dubuque County, Iowa and the City of Dubuque, Iowa, the
within contract, the contractor's bond, and the general and detailed plans are and constitute the basis of contract between
the parties hereto. I I
That it is further understood and agreed by the parties of this contract that the above work shall be commenced as: Late iq
Start Date of June 13, 2016; Total of 100 Working Days (Total Working Days includes both Dubuque County and the City
of Dubuque projects); Liquidated Damages Per Day of$1,800.00. No winter work will be allowed.
Contractor/Permitee/Licensee agrees that for all work done in the county road right of ways, easements and county j
property, it shall be solely responsible for work zone safety and shall hold the county harmless and agree to indemnify the
county from all claims that arise from its work in the right of way, and further, it agrees that it will adhere to the Manual on
Uniform Traffic Control Devices during the project.
That time is the essence of this contract and that said contract contains all of the terms and conditions agreed upon by the
parties hereto.
That this agreement is subject to approval by the Dubuque County Board of Supervisors and the City Council of the City
of Dubuque, Iowa.
It is further understood that the Contractor consents to the jurisdiction of the courts of Iowa to hear, determine and render
judontroversy arising hereunder.
Date: q_ (J. 12016
Jason Vo Id
Top Gradccavating, Inc., Contractor
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Date: 12016
Wayne DEImmer, Chair
Dubuque/County Board of Supervisors
Date: 12016
Michael C. Van Milligen, City Manager
City of Dubuque
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CONTRACT
Ref# Item # Item Description Quantity Unit Unit Price Amount
Grading & Paving - Dubuque County
1 2102-2713090 EXCAVATION CL 13,WASTE 2,900.00 CY $9.83 $28,507.00
2 2105-8425005 TOPSOIL FURNISH &SPREAD 762 CY $26.00 $19,812.00
SUBGRADE STABILIZATION MATERIAL,
3 2113-0001100 POLYMER GRID 23,518.15 SY $1.00 $23,518.15
4 2121-7425020 GRANULAR SHLD ,TYPE B 500 TON $14.76 $7,380.00
5 2213-7100400 RELOCATION OF MAIL BOX 44 EACH $125.00 $5,500.00 I
HMA(300,000 ESAL), BASE COURSE, 1/2 IN.
6 2303-0021500 MIX 2,878.00 TON $34.17 $98,341.26
HMA(300,000 ESAL), INTERMEDIATE COURSE,
7 2303-0023500 1/2 IN.MIX, NO FRIC REQ 1,792.00 TON $33.80 $60,569.60
HMA(300,000 ESAL),SURFACE COURSE, 1/2
8 2303-0023500 IN.MIX, NO FRIC REQ 2,347.00 TON $33.67 $79,023.49
9 2303-0245828 ASPHALT BINDER, PG 58-28 421 TON $355.00 $149,455.00
10 2303-6911000 HMA PAVEMENT SAMPLES 1 LS $1,350.00 $1,350.00
11 2303-9093010 HMA, DRIVEWAY 839.34 SY $36.50 $30,635.91
12 2315-8275055 SURF DRIVEWAY 360 TON $14.76 $5,313.60
13 2401-6745650 RMVL OF EXIST STRUCTURES 1 LS $7,000.00 $7,000.00
14 2402-0425031 GRANULAR BACKFILL 4,984.00 TON $6.00 $29,904.00
15 2435-0140148 MANHOLE,STORM SEWER,SW-401,48 IN. 1 EACH $3,177.00 $3,177.00
16 2435-0250300 INTAKE,SW-503 11 EACH $3,825.00 $42,075.00
17 2435-0250600 INTAKE,SW-506 4 EACH $5,793.00 $23,172.00
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STORM SEWER GRAVITY MAIN,TRENCHED,
18 2503-0114418 RCP, 3000D (CLASS IV), 18 IN. 667.29 LF $68.00 $45,375.72
19 2510-6745850 REMOVAL OF PAVEMENT 21,889.20 SY $5.72 $125,206.22
20 2511-6745900 RMVL OF SIDEWALK 3.8 SY $30.00 $114.00
21 2511-7526004 SIDEWALK PCC4IN 3.8 SY $100.00 $380.00
22 2512-1725256 CURB+GUTTER PCC 2.5' 8,184.26 LF $10.00 $81,842.60
2-3 2515-2475106 DRIVEWAY REI NF PCC6 IN 1,611.60 SY $42.00 $67,687.20
24 2515-6745600 REMOVAL OF PAVED DRIVEWAY 2,411.71 SY $10.88 $26,239.40
25 2518-6910000 SAFETY CLOSURE 23 EACH $25.00 $575.00
26 2527-9263117 PAINTED PAVEMENT MARKINGS, DURABLE 213.81 STA $22.00 $4,703.82
27 2527-9263143 PAINTED SYMBOLS AND LEGENDS, DURABLE 59 EACH $92.00 $5,428.00 j
28 2528-8445110 TRAFFIC CONTROL 1 LS $17,000.00 $17,000.00
29 2528-8445113 FLAGGERS 60 EACH $435.00 $26,100.00
30 2528-8445115 PILOT CARS 15 EACH $650.00 $9,750.00
31 2533-4980005 MOBILIZATION 1 LS $53,000.00 $53,000.00
REMOVE REPLACE AND REINSTALL STORM
32 2599-9999009 SEWER PIPE LESS THAN OR EQUALTO 36 IN. 36 LF $220.00 $7,920.00
33 2599-9999020 MODIFIED SUBBASE 22,415.00 TON $11.01 $246,789.15
SUBGRADE STABILIZATION MATERIAL,
34 2599-9999020 MODIFIED MACADAM 29,340.00 TON $14.32 $420,148.80
35 2601-2634105 MULCHING, BONDED FIBER MATRIX 1.1 ACRE $2,400.00 $2,640.00
36 2601-2636044 SEEDING &FERTILIZER (URBAN) 1.11 ACRE $5,600.00 $6,160.00
37 2601-3000110 MONITORING WELL 5 EACH $750.00 $3,750.00
Dubuque County Total Project COStj $1,765,543.93
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CONTRACT
Ref# Item # Item Description I Quantity Unit Unit Price Amount
Grading & Paving &Water Line - City of Dubuque
1 2102-0425070 Special Backfill (T) 15600 TON $6.00 $93,600.00
2 2121-7425020 S h I d Granular, Type B 65 TON $14.76 $959.40
3 2212-0475095 Cleaning And Preparation Of Base 0.09 MILE $5,000.00 $450.00
4 2212-5075001 Hot Mix Asphalt Surface Patches 7 TON $900.00 $6,300.00
5 2214-5145150 Pa vt Scarification 2250 SY $10.41 $23,422.50
6 2303-0021500 HMA(300,000 Esal), Base Course,1/2 In. Mix 410 TON $34.17 $14,009.70 P
HMA (300,000 Esal), Inter Or Surf, 1/2
7 2303-0023500 In.Mix, No Fric Req 255 TON $33.80 $8,619.00
8 2303-0245828 Asphalt Binder, Pg 58-28 39.9 TON $355.00 $14,164.50
9 2506-4984000 Flowable Mortar 3.3 CY $200.00 $660.00
10 2510-6745850 Removal Of Pavement 660 SY $8.25 $5,445.00
11 2510-6750600 Removal Of Intakes And Uti I i ty Acce s s e s 1 EACH $500.00 $500.00
12 2527-9263117 Painted Pavement Markings, Durable 37.65 STA $80.00 $3,012.00 j
13 2527-9263143 Painted Symbols And Legends, Durable 23 EACH $92.00 $2,116.00
14 2528-8445110 Traffic Control 1 LS $11,000.00 $11,000.00
15 2528-8445113 F l a gge rs 30 EACH $435.00 $13,050.00
16 2533-4980005 Mobilization 1 LS $12,900.00 $12,900.00
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17 2552-0000140 Rock Excavation 100 Cy $1.00 $100.00
18 2552-0000210 Trench Foundation 650 TON $1.00 $650.00
19 2552-0000300 Trench Compaction Testing 1 LS $2,500.00 $2,500.00
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Water Main,Trenched, Ductile Iron Pipe 1
20 2554-0112006 (DIP), 6 I n. 73 LF $69.05 $5,040.65 j
Water Main,Trenched, Ductile Iron Pipe
21 2554-0112008 (DIP), 8 I n. 117 LF $70.89 $8,294.13 k
22 2554-0112012 Water Main, DR-14 V900, 12 I n. 40 LF $83.00 $3,320.00
Water Main,Trenched, Ductile Iron Pipe
23 2554-0112016 (D I P), 16 I n. 3015 LF $73.97 $223,019.55
24 2554-0203000 Fittings By Weight, Ductile Iron Pipe 15064 LBS $4.29 $64,624.56
25 2554-0206000 Valve, Butterfly, DIP, 16 In. 5 EACH $2,873.00 $14,365.00
26 2554-0207008 Valve, Gate, DIP,8 In. 3 EACH $1,370.00 $4,110.00
27 2554-0207012 Valve, Gate, DIP, 12 In. 1 EACH $2,405.00 $2,405.00
28 2554-0210201 Fire Hydrant Assembly, Wm-201 9 EACH $4,597.00 $41,373.00
29 2599-9999005 Nitrile Gaskets 200 EACH $35.43 $7,086.00
30 2599-9999005 3/4"x16", Stainless Steel,Tapping Saddle 12 EACH $200.00 $2,400.00
31 2599-9999009 16", DR-14, C-900 W a to r Ma i n 730 LF $62.47 $45,603.10
32 2599-9999009 8", DR-14, C-900 W a to r Ma i n 70 LF $58.57 $4,099.90
33 2599-9999009 W a to r S e rvi ce Stub, Copper, 3/4" 1890 LF $35.00 $66,150.00
Subgrade Stabilization Material, Modified
34 2599-9999020 Macadam 340 TON $14.32 $4,868.80
35 2599-9999020 Modified Subbase T 220 TON $11.01 $2,422.20
36 2599-9999020 Special Waste Disposal 800 TON $75.00 $60,000.00
37 2599-9999005 S P-120063 H a zw o p e r Certified Individual 1 10 EACH $250.00 $2,500.00 %
City of Dubuque Project No. CIP 7402954 Sub Total $775,139.99
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CONTRACT
Alternate 1 Addendum 2 - City of Dubuque
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Division 21 - Earthwork, S ubg , and Subbases
1 2102-0425070 Special BackfiII (T) 2970 TON $6.00 $17,820.00 l
2 2121-7425020 Shid Granular,Type B 100 TON $14.76 $1,476.00 j
SUBTOTAL $19,296.00
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Division 25 - Miscellaneous Construction
3 2528-8445110 Traffic Control 1 LS $1,000.00 $1,000.00
4 2552-0000210 Trench Fountain 115 TON $1.00 $115.00
5 2552-0000300 Trench Compaction Testing 1 LS $500.00 $500.00
6 2554-0203000 Fittings by Weight, Ductile Iron Pipe 121 LBS $4.29 $519.09
7 2554-0210201 Fire Hydrant As s e m b I y,Wm-201 2 EACH $4,597.00 $9,194.00
8 2599-9999005 3/4"x8",Stainless Steel,Tapping Saddle 1 EACH $200.00 $200.00
9 2599-9999009 8", D R-14, C-900 W a ter Mai n 825 LF $58.57 $48,320.25
10 2599-9999009 W a to r Se rvi ce Stu b, Co p p e r, 3/4" 75 LF $35.00 $2,625.00
SUB TOTAL $62,473.34
Alternate 1 Bid Amount Sub Total $81,769.34
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City of Dubuque Total Project Cost $856,909.33
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Total Combined Dubuque County and City of Dubuque Project Costj $2,622,453.26
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Bond No.2212668
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Document A312 TM - 2010
Conforms with The American Institute of Architects AIA Document 312
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Performance Bond
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CONTRACTOR: SURETY:
(Name,legal status and address) (Alain,legal status and principal place of business)
Top Grade Excavating, Inc. North American Specialty Insurance Company
P. O. Box 356 650 Elm Street
This document has Important legal
Farley, IA 52046-0356 Manchester, NH 03101 consequences.Consultationwith
Mailing Address for Notices an attorney is encouraged with
650 Elm Street respect to its completion or
modification.
OWNER: Manchester, NH 03101 Any singular reference to
(Name,legal status and address) Contractor,Surety,Owner or
other party shall be considered
Dubuque County, Iowa and the City of Dubuque, Iowa plural where applicable.
720 Central Ave.
Dubuque, IA 52001
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CONSTRUCTION CONTRACT
Date:
Amount:S Two Million Six Hundred Twenty-two Thousand Four Hundred Fifty-three And 26/100THSDollars
($2,622,453.26)
Description: Grading & Paving-Dubuque County Project No. LOST-17(01)--73-31/Grading & Paving &Water
(Nanreand location) Line-City of Dubuque Project No. CIP#7402954
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BOND
Date: y�
(Not earlier than Construction Contract Date)
Amount:s Two Million Six Hundred Twenty-two Thousand Four Hundred Fifty-three And 26/100THSDollars
($2,622,453.26)
Modifications to this Bond: ® None See Section 16
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Segl)
Top Grade Excavating, Inc. North Am e ' n Specialty Jwgpyance Company
Signature: SignatuNameName re: Z�tJ A
Dione R.Young
and'Fide: g0� � and Title: Attorney-in-Fact
(4ny additional signatures appear on the last page of this Performance Bond.)
(FOR INFORrYL4T1ON ONLY---Name,address and telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE:
Holmes, Murphy and Associates, LLC ('architect,Engineer or other party,)
3001 Westown Parkway
West Des Moines, IA 50266 l
(515)223-6987
S-1852/AS 8110
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§1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for
the performance of the Construction Contract,which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when
applicable to participate in a conference as provided in Section 3.
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§3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such
notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the
Contractor's performance.If the Owner docs not request a conference,the Surety may,within five(5)business days after receipt of
the Ownces notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner
agrees otherwise,any conference requested under this Section 3.1 shall be held within tan(10)business days of the Surety's receipt
of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to
perform the Construction Contract,but such an agreement shall not waive the Owner's right,if any,subsequently to declare a
Contractor Default;
.2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract. l
§4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice.
§5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions:
§5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract;
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§5.2 Undertake to perform and complete the Constriction Contract itself,through its agents or independent contractors;
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§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance ofthe Contract Price incurred by the Owner as a result of the
Contractor Default;or
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§5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is
determined,make payment to the Owner;or
.2 Deny liability in whole or in part and notify die Owner,citing the reasons for denial.
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§6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond
severs days alter receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this
Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If die Surety proceeds as provided in Section 5.4,and the
Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
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S-1852/AS 8/10
§7 if the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without
duplication,for
.1 the responsibilities of the Contractor for correction of defective work and completion of the.Construction Contract;
.2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or
failure to act of the Surety under Section 5;and {
.3 liquidated damages,or if no liquidated damages are specified In the Construction Contract,actual damages caused by delayed J
performance or non-performance of the Contractor,
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§8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond.
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§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns.
§10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase
orders and other obligations.
§11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the
provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
13 When this Bond has been furnished to eon 1 with a statutory or other legal requirement in the location where the construction was to be
§ P Y rY g q
performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be j
construed as a statutory bond and not as a common law'bond. j
§14 Definitions
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§14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract.
§14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page,including all Contract Documents
and changes made to the agreement and the Contract Documents.
§14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perforni or otherwise to comply with a material
term of the Construction Contract.
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§14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor.
§15 If this Bond is issued for an agreement between a Contractor and subcontractor,the terni Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
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S-1852/AS 8/10
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§16 Modifications to this bond are as follows:
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(Space is provided below for•additional signatures of addedparties,other than those appearing on the coverpage.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corpo)-ate Seal) Company: (Corporate Seal)
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Signature: Signature:
Name and Title: Name and Title:
Address Address
S-18521AS 8/10
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MAINTENAKCE BOIND
Bond Noe 2212668
KNOW ALL MEN BY THESE PRES14NTS:
TJaj%t, Top Grade Excavating,Inc. of Farley,IA
as'prin6pal,Sind the North American Specialty Insurance Company as Sorety,
,ire held and firmly bou�d unto City of Dubuque, Iowa in the
penal sutra of Eight Hundred-Fifty Six Thousand Nine Hundred Nine and 33/100tho $856,909.33
Dollars,lawful money of the United States of Arnedra,for the payment of which,well aad truly to be made,
the Principal and Surety Wind themselves,their and each of(heir ficics,executois,adminWnktors, successors
and as
,signs,joirrtly and sev,=lly,firmly by these pitsents.
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Wheraas,the.said Phncipal entered into a certain contract.with
County of Dubuque, Iowa and the City of Dubuque, Iowa
To furnish all the material and labor nmwsary for the constructicn of
Grading&Paving-Dubuque County Project No. LOST-17(01)--73-31/Grading &Paving&Water Line-City of
Dubuque Project No.CIP#7402954
in City of Dubuque, Iowa In conformity with certain specificitions;and
Whereas,a fartbel-cundiaon of said contract is that the said Pf incipal should furnish a bond in
indemnity,guaranteeirig to remedy arty defocts in workmanship or materials that may develop in
said work within a period of two(2). years from tht date of accelmince of the WOTk
under said contract;and
Whereas,thesaid North American Specialty Insurance Company Fora valuable cOnsidermion'
has Agrced to join with said Principal in such bond or guarantee,indemnifying said
City of Dubuque, Iowa
Now,thercf0re,the condition of this obligation is suets,(hat if iliesaid Principal shall,at his own cost
and expr=%c:,remedy any and all defom that may deyclop in said work within the period
of two(2) _ years from die date of wepiance cif the work"ader Said colmract,by
reason of bad wwkmanhjp or poor material use, in the construction of said work,and shall keep a!l rwork
in continuous good repair during said period,and shill it alt othol 1-espccts,comply with all the Jerms and
condition,: air`said Qontract with respect to maintenance Rnd repair of said work,then this Qbligation to be
null and void l otherwise to be,and remain in full force and virtue in law,
In Wft=ss wbereof, we have horcunto set otic hands find seals this
day of 2016
Top Gr x vating, Inc.
r 1pfincilI
By: ULU
North A rican Specialty Insurance Company
Sur
Dione R.Young I 6KttoCney-in+ac
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY y
WASHINGTON INTERNATIONAL INSURANCE COMPANY H
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International
Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of �
Schaumburg,Illinois,each does hereby make,constitute and appoint:
.TAY D.FREIERMUTI I,CRAIG E.HANSEN,BRIAN M.DEIMERLY,SHIRLEY S.BARTENI-IAGEN, u
CINDY BENNETT,ANNE CROWNER,TIM McCULLOH,STACY VENN,LACEY CRAMBLIT and DIONE R.YOUNG
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 9"'of May,2012:
"RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President,
the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named j
in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is f
FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached."
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.1ws 6•GAP�Rq�,.•G r �.y a� °2•. SPO '�'S J'73. .I
�`•':_ By .. �,�k,...C,
2: SEAL :0= Steven P.Anderson,Senior Vice President of Washington International Insurance Company i '
Tp;i :mc i
uJ;Zm 1873 &Senior Vice President of North American Specialty Insurance Company -M g
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Michael A.IBlo,Senmi�ice I'resiera tt of Washington 6rCenumiona n—-( 9nGrimpany ��' ltlggt ttrilsNhts��
&Senior Vice President of North American specialty Insurance Company
IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 8th clay of September 12015
;I
i
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook ss'
On this 8th day of September ,2015 ,before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A.Ito,
Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance
Company,personally known to me,who being by nie duly sworn,acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
AL
MKENNY '.... _. ._
Nt3TARYPUBLIC,STATECSPILL 016 PvT KennI#otrryf'utrtrc `
MY,OMMISSION EXPIRES 12(11412017
I, Jeffrey Goldberg_, the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this day of 20 16 .
Jeffry Goldberg,Vice President&Assistant Secretary of
Washington International Insuraoce Company&North American Specialty Insurance Company
N