Improvement Contract_Nauman Nursery_Dubuque Packing Plant MemorialTH E CITY OF
DUB
City of Dubuque
Engineering Dept.
50. W. 13th Street
Dubuque, IA 52001
(563) 589 -4270
(563) 589 -4205 FAX
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the
City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and
Nauman Nursery, Inc. (Contractor) of the City of
(Contractor Name)
4101 Pennsylvania Avenue, Dubuque, Iowa 52002
(Contractors Address - City and State)
PROJECT TITLE: Bee Branch Creek Restoration Project - Dubuque Pack Memorial - Site Landscaping Project
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 Project):
- Materials included in the project are plantings, sidewalks and benches, flag poles, and lawn seeding.
- Insurance per City and State requirements.
- Project documentation.
The work described above shall be completed at the following location(s):
The project site is at the south west corner of East 16th Street and Sycamore and includes landscaping around existing
Dubuque Packing Company Memorial.
The Project shall be constructed to the existing grades and to any revised grades as described
in this Project contract; 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 which provisions and documents are each and all hereby referred to and
made a part of this Contract just as much as if the detailed statements thereof were repeated
herein.
Page 1 of 4
2. Contract Documents shall mean and include the following: This Improvement Contract; all
ordinances and resolutions heretofore adopted by the City Council having to do with the
Project; the Contractor's Proposal; and the conditions described in the Contract, including any
Special Conditions, Plans and 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 may be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Manager 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 City of Dubuque Standard Specifications
including General Requirements and has examined and understands the project description
described in Section 1 and any attached Special Conditions 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. The Contractor shall guarantee for a period two years and make good any other defect in any
part of the Project due to improper construction or material performance notwithstanding the
fact that said Project may have been accepted and fully paid for by the City. The guarantee
shall commence on the date that the City pays full compensation for the complete performance
of this contract.
8. The Contractor shall fully complete the Project under this Contract on or before
June 28, 2013
(DATE)
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.
Page 2 of 4
10. Unless otherwise specified in the Contract Documents, prior to the commencement of any work
on the Project and at all times during the performance of this Contract, the Contractor shall
provide evidence of insurance which meets the requirements of the City's Insurance Schedule
for Artisan Contractors or General Contractors.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City
Manager, 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 contract, special conditions and contractors
proposal is approximate only and the final payment shall be made by the work covered by the
Contract. 36 982.50
CONTRACT ESTIMATED AMOUNT $
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10
LISTED ESTIMATED AMOUNT.
By:
CITY OFD QUE, IOWA
Michael C. Van Milligen
City Manager
% OF THE ABOVE
CONTRACTOR:
Nauman Nursery, Inc.
Company Name
Bye~ ..
Signature
Printed Name
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
Page 3 of 4
Signature Mate''
k rs
Printed Name
a
Title
The following special conditions shall apply to this Project:
The attached bid proposal of March 28, 2013 is part of this contract.
The site is to be left in mow -able condition. Any excess excavated material shall be removed from
the site.
REV. 07/07
Page 4 of 4
Pack Site Memorial Construction
Item No. Description
1. Unclassified. Excavation.
2. Strip, Salvage, and Restore Topsoil
3. Concrete Sidewalk
4. Salvaged Brick Sidewalk Pavers
5. Donor Bricks
6. 3/4-1N Base Course
7. Open Graded Base Course
8. Stone Planter Wall
9. Stone Slab Bench
10. 20 -FT Flag Pole and Base
11. 25 -FT Flag Pole and Base
12. Flag Pole Lighting
13. Compost Soil Amendment- 3 -IN Layer
14. Shredded. Hardwood Mulch
15. Trees - Deciduous Ornamental, B &B
16. Trees - Evergreen, B &B
17. Shrubs- Deciduous, 5 -GAL container
18. Perennials -1 GAL Pot
19. Perennials -1 QT Pot
20. Shovel -Cut Edge
21. Repair Seeding -Blue Grass.
22. Erosion Control
TOTAL BID
• uantity Unit
1 LS
1 LS
830 SF
31 SF
79 SF
30 T
17 T
48 LF
2 EA
2 EA
1 EA
1 LS -
14 - CY
170 , SY
2 EA
5 EA
8 EA
30 EA
57 EA
175 LF
710 SY
1 LS
Unit Cost
Extension •
00 ®�. $ ®C1 .t C
00. $ „O®
$ .S $
$
$ t, OV $
$ 0.Zo $
BID FORM 18
BID PROPOSAL FORM
DUBUQUE PACK MEMORIAL — SITE LANDSCAPING PROJECT
The bidder hereby certifies that they are the only person or persons interested in this
proposal as principals; that an examination has been made of the plans, specifications, and
contract form, including the special provision contained' herein, and of the site of the work, and the
bidder understands that the quantities of work shown herein are approximate only and are subject
to increase or decrease; and further understand that all quantities of work whether increased or
decreased, are to be performed at the unit price as stipulated herein; the bidder proposes to
fumish all nedessary machinery, equipment, tools, labor and other means of construction, and to
fumish all materials specified in the manner and time prescribed and to do the work at the prices
herein set, out.
Accompanying this proposal in a separate envelope is a cashier's or certified check payable
to the City Treasurer, City of Dubuque, drawn on a bank in Iowa or a bank chartered under the
laws of the United States, in the amount of ten percent (10%) of the bid submitted; or a bid bond in
the penal sum of ten percent (10%) of the bid submitted executed by the bidder and an acceptable
Corporate Surety. It is understood that this proposal guarantee will be retained in the event the
formal contract or bond is not executed, if award is made to the undersigned.
The bidder further agrees to execute a formal contract and bond, if required by the contract
documents, within seven (7) days of the award of the contract by the City Council, and that they
will commence work on or about ten (10) days after the date of the contract, and will complete the
work within the specified contract period or pay the liquidated damages stipulated in the contract
documents.
The bidder acknowledges receipt of the following addendum:
1\101\ILF
PRINCIPAL:
Individual ( ) Partnership ( ) Corporation
ignature
Dated:
Dated:
Dated:
(r.■ (
Address
0\11S,t144k1.--
City
State Zip
(
Date
Note: To be completed by out of State bidders.
,
The State of does ( ) / does not ( ) utilize a perce,ntage preference for
in-state bidders. The amount of preference is percent.
IAC59713
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That (Insert Contractors Name) as
Principal (Contractor) and Merchants Bonding Company as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $ 36982.50
(Insert Contract Amount) 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
duly attested and sealed.
day of , 2013, and
WHEREAS, the said Contractor by a Contract dated (Insert Contract Date:
Month XX, 2013), 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 Dubuque Pack Memorial — Site Landscaping 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 April
, 2013.
CITY OF DUBUQUE, IOWA
By:
PRINCIPAL:
Bv:
Nauman Nursery Inc.
Contractor
Signature
i)
,v3{(7.42-TT
Title
SURETY:
B
Merchants Bonding Company
Surety Company
Signature
Attorney-in-Fact
Title
Dubuque, IA 52001
City, Sfate, Zip Code
563-556-5441
Telephone
Diana K. Hedrick
Attorney In-Fact
MERC ., TS
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make, constitute and appoint, individually,
Diana K Hedrick
of Dubuque and State of IOWA their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their 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 ($1,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, 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 By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President 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, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 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, the Companies have caused this instrument to be signed and sealed this 6th day of September 2012
STATE OF IOWA
COUNTY OF POLK ss.
.°4:)•`-• ,��NG Cpy�A MERCHANTS BONDING COMPANY (MUTUAL) • AP"64 .' MERCHANTS NATIONAL BONDING, INC.
. �'• 1933 ,
. l•
7, /1,7,
President
On this 6th day of September 2012 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
MARANDA GREENWALT
Commission Number 770312
My Commission Expires
October 28, 2014
STATE OF IOWA
COUNTY OF POLK ss.
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies,
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 Companies on
this 3rd day of April , 2013
��.N 0::,,. 1IOfJ4 �''R, ®®�O.N ...CO,y�A.
" �:`� cn
' - �' 1933 . C ° Secretary
x•= 2C3 .,- '.tip.
POA0014 (11/11) `''b••' ...... ,`.' ' W
,'fI,I, ,f, °°
o 0 0