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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