Improvement Contract_Skyline Construction for Sidewalk Installation Ares 2 McAlleece/Sheehy DriveMasterpiece on the Mississippi
Dubuque
2012
TO: Kevin Firnstahl, CMC City Clerk
FROM: Kerry Bradley, Engineering Secretary
SUBJECT: 2013 Leisure Services Sidewalk Installation —Area 2
McAleece /Admiral Sheehy Dr
DATE: July 30, 2013
Engineering Department
50 W. 13th Street
Dubuque, Iowa 52001
Office (563) 589 -4270
Fax (563) 589 -4205
www. cityofdubuque. org
Attached are the Public Improvement Contract and Performance, Payment and
Maintenance Bond between the City of Dubuque and Skyline Construction of the City of
Dubuque, Iowa for 2013 Leisure Services Sidewalk Installation — Area 2
McAleece /Admiral Sheehy Dr.
The Certificate of Liability Insurance has been approved by Finance Director Ken
TeKippe.
Upon execution of the noted documents, please keep one copy for your records and
return the other copies to the Engineering office for further processing.
Service People Integrity Responsibility Innovation Teamwork
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT ;CONTRACT (th Contract), made in triplicate, dated for
reference purposes the NIG' day of , 2013, between the City of
Dubuque, Iowa, by its City anager, through author conferred upon the City Manager
by its City Council (City) and Skyline Construction, 165 Westside Ct., Dubuque IA
52003.
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 2013
Leisure Services Sidewalk Installation — Area 2 - McAleece /Admiral Sheehy Drive
(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:
August 30, 2013.
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 attorney 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 $16,234.65
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 $1000.00 (One-thousand 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.
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.
The City of Dubuque and the Contractor agree to comply with all applicable standards,
orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1958 (H)
et. seq.) and the Federal Water Pollution Act (33 U.S.C. 1368 et. seq.) as amended,
Executive Order 11738, and Environmental Protection Agency regulations (40 CFR,
Part 15). Contractor shall comply with Section 103 and 107 of the Contract Work Hours
and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29
CFR, Part 5).
CITY OF DUB11JE, IOWA
By
ffr-
City Mahager
PRINCIPAL
Contractor
By:
ig natqfe
Ti
CERTIFICATE OF CITY CLERK
This is tp ertify that a certifi!d co y of the above Contract has been filed in my
office on the 7 day of ;, 2013.
Kevin S. Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA BOA 736733
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Skyline Storage &�: as
Principal (Contractor) and NCO Insurance Carpany Trucking as bbrety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $ 16,234.65
Sixteen ThirtaFo I b5 /I the same being 00% of the total price of the Contract for the
Project 1erein re erred 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 , 2013, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated July 9, 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
2013 Leisure Services Sidewalk Installation —Area 2 - McAleecelAdmiral Sheehy Drive
(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:
9. 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 16th day of July , 2013.
CITY OF DUBUQUE, ,IOWA
By:
City Manager
PRINCIPAL
By:
Sk line Stara e & Truckin' Inc.
Contractor
Signat e
1 le
SURETY
By:
AMCO Insurance Company
Signature Ron Oberbroeckl ing
Attorney in Fact
Title
Dubuque, Iowa 52002
City, State, Zip Code
563-556-0171
Telephone
Ron Oberbroeckl n •
Attorney In Fact
KNOW ALL MEN BY THESE PRESENTS THAT:
Nationwide Mutual Insurance Company, an Ohio corporation
Farmland Mutual insurance Company, an Iowa corporation
Nationwide Agribusiness Insurance Company, an Iowa corporation
Power of Attorney
AMCO Insurance Company, an Iowa corporation
Allied Property and Casualty Insurance Company, an Iowa corporation
Depositors Insurance Company, an Iowa corporation
hereinafter referred to severally as the 'Company" and collectively as the "Companies," each does hereby make, constitute and appoint:
Ron Oberbroeckling
each In their Individual capacity, Its tare and lawful attorney-in-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings,
and other obligatory instruments of similar nature, in penalties not exceeding the sum of
One Hundred Thousand and nef]00 5100,000,00
and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said
Attorney pursuant to the authority given are hereby ratified and confirmed.
This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company:
"RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -In -fact of the Company, and to
authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers,
contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatory in nature that the
business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, that the authority granted
hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company."
"RESOLVED FURTHER, that such attorneys -In -fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company
subject to the terms and limitations elate power of attorney Issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be
necessary for the validity of any such documents'
This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company.
Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved
documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief
executive officer, president, treasurer or secretary; provided, however, the signature of any of them maybe printed, engraved, or stamped on any approved document,
contract, instrument, or other papers of the Company.
IN WITNESS WHEREOF, the Company has caused this Instrument to be seated and duly attested by the signature of its officer the
IL day of April , 2013.
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ArAtmwr,
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11 "S: : °�
ACKNOWLEDGMENT
a :` STATE OF IOWA, COUNTY OF POLK: ss
""d—`"` ' • On this 30"' day of April 2013 before me came the above -named officer for the Companies aforesaid, to
1 ;+ ., me personally known to be the officer described in and who executed the preceding Instrument, and he
14 ,�; }�•�s acknowledged the execution of the same, and being by me duty sworn, deposes and says, that he is the
�`..+ officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies,
and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the
authority and direction of said Companies.
• P tiro �,. Notary PubliC is
'k� 44ir��. My Commission Expires
CERTIFICATE March 24, 2014
I, Robert W Homer III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by
the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been
revoked or amended In any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the
Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board of directors; and the
foregoing power of attorney is still in full force and effect.
IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this 16th day
Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company
and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company,
AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance
Company
of July , 20 13 .
This Power of Attorney Expires 06/11/2014
BDJ 1 (04/13)
az,z, )1,
Secretary