Improvement Contract and Bond_A&G Electric, North End Trail LightingNeW A D 11=10 I EVOU j
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 16th day of July, 2012, between the City of Dubuque, Iowa, by
its City Manager, through authority conferred upon the City Manager by its City Council
(City) and A & G Electric of 490 East 14th Street the City of Dubuque, IA 52001.
For and in consideration of the mutual covenants herein contained, the parties
hereto agree as follows:
1. To furnish all material and equipment and to perform all labor necessary for the
NORTH END NEIGHBORHOOD TRAIL LIGHTING PROJECT, CIP 3501129 (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 by October 31,
2012.
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, 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.
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 $ 63,145.93
IRARNNAKOWTIAR 110601
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 $200.00 (Two 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 DUBUQUE, IOWA
Y
City Manager
. v • i
F—e
Contractor
By. 2t'4�"' '
Signatur
-.
Title
This is to iify that a ce-qified copy of the above Contract has been filed in my
office on they day of �� 2012.
'Ke6n S. Firnstahl; City Cr rk
..: a z -•
KNOWN ALL MEN BY THESE PRESENTS: That A & G Electric 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 $63,145.93 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 16th day of July, 2012, and duly attested and
sealed.
WHEREAS, the said Contractor by a Contract dated July 16, 2012, 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 NORTH END
NEIGHBORHOOD TRAIL LIGHTING 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 and Contractor Documents shall be considered as a part of this
Bond just as if their terms were repeated herein.
Dated at Dubuque, Iowa this 6th day of August , 2012.
City Manager
f'T: 06119AX
Title
Attorney -in -Fact
Title
Dubuque, IA 52001
City, State, Zip Code
563 -556 -3232
Telephone
John E. Goodmann
Attorney I n -Fact
UNITED FIRE & CASUALTY COMPANY
HOME OFFICE - CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company - See Certification)
A &GEL -1 OP ID: KN
CERTIFICATE LIABILITY
DATE (MM /DD /YYYY)
08/06112
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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).
PRODUCER 563 - 556 -3232
COIT
NAMEACT
Goodmann Insurance Services 563- 556 -2246
2774 University Ave
Dubuque, IA 52001
John E Goodmann
PHONE A/C No
No Ext
-LAIC,
ADDRIESS:
INSURERS AFFORDING COVERAGE
NAIC #
INSURERA:IMT Insurance Company*
14257
12/01/12
INSURED A & G Electric
INSURER B
DAMAGE -TO RENTED
PREMISES Ea occurrence)
INSURER C :
MED EXP (Any one person)
490 East 14th
Dubuque, IA 52001
INSURER D
$ 1,000,000
INSURER E :
Non- contributing
GENERAL AGGREGATE
INSURER F:
GENT AGGREGATE LIMIT APPLIES PER:
POLICY -X] PRO- LOC
PRODUCTS - COMP /OP AGG
COVER GEA GERTIFICBTF NUMBER' REVISION NUMBER:
THIS IS TO CERTIFY THAT 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 MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
POLICY NUMBER
POLICY
DYY
POLICY D YYY
LIMITS
A
X
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE Fx� OCCUR
X Primary&
GLM8387
12101/11
12/01/12
EACH OCCURRENCE
$ 1,000,000
DAMAGE -TO RENTED
PREMISES Ea occurrence)
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1,000,000
Non- contributing
GENERAL AGGREGATE
$ 2,000,000
GENT AGGREGATE LIMIT APPLIES PER:
POLICY -X] PRO- LOC
PRODUCTS - COMP /OP AGG
$ 2,000,000
$
A
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
X HIRED AUTOS X NON -OWNED
AUTOS
CVM8387
12101/11
12/01112
(CEO, e c d.nISINGLE LIMIT
1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PerraccidentDAMAGE
$
$
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
UCM8387
12/01/11
12101/12
EACH OCCURRENCE
$ 3,000,000
AGGREGATE
$ 3,000,000
DED X RETENTION$
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR /PARTNER /EXECUTIVE Y
OFFICER /MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
WCM8387
12/01111
12/01/12
X WC STATU- OTH-
E.L. EACH ACCIDENT
$ 500,000
E: L. DISEASE - EA EMPLOYEE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500 000
T_
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
The City of Dubuque, including all its elected and appointed officials, all
its employees and volunteers, all its boards, commissions and /or authorities
and their board members, employees and volunteers included as Additional
Insured
Project: North End Neighborhood Trail Lighting Project
ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD
GA 00 45 01 10
CITY OF DUBUQUE
ADDITIONAL
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
The following provisions are added:
NON- WAIVER OF GOVERNMENTAL IMMUNITY
The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of
Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to
the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it now exists and as it may be amended from time
to time.
CLAIMS COVERAGE
The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the
defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms
and conditions of this insurance policy.
ASSERTION OF GOVERNMENTAL IMMUNITY
The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so
at any time and shall do so upon the timely written request of the insurance carrier.
NON - DENIAL OF COVERAGE
The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the
rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity
unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity
asserted by the City of Dubuque, Iowa.
NO OTHER CHANGE IN POLICY
The above preservation of governmental immunities shall not otherwise change or alter the coverage available
under the policy.
GA 00 45 01 10 Page 1 of 1