Contracts/Bonds Flora Pool Painting
.,
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 21st day of August, 2006, between the City of Dubuque, Iowa,
by its City Manager, through authority conferred upon the City Manager by its City
Council (City) and Fred Jackson Tuckpointing, Inc., 475 East 28th Street of the City of
Dubuque, Iowa.
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
Flora Pool Painting Project (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 on or before
October 15, 2006.
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.
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 $ 50,350
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Fred Jackson Tuckpointing,
Inc. 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 $50,350
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 29th
duly attested and sealed.
day of AlIglld
, 2006, and
WHEREAS, the said Contractor by a Contract dated August 21, 2006,
incorporated herein by reference, has agreed with said City of Dubuque to perform all
labor and furnish all materials required to be performed and fumished for the Flora Pool
Painting 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 29th day of August
,2006.
CITY OF DUBUQUE, IOWA PRINCIPAL:
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Title
SURETY:
Merchants Bondina Compan.Y.
Surety Company
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Sign ture
Attorney-in-Fact
Title
DubuQue. IA 52001
City, State, Zip Code
{5631 556-5441
Telephone
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Attorney In-Fact
CITY OF DUBUQUE, IOWA
SALES AND USE TAX EXEMPTION CERTIFICATE
The City of Dubuque, as a designated exempt entity awarding construction contracts
on or after January 1, 2003, may issue special exemption certificates to contractors and
subcontractors, allowing them to purchase, or withdraw from inventory, materials for the
contract free from sales tax pursuant to Iowa Code Sections: 422.42 (15) & (16), and
422.47 (5). This special exemption certificate may also allow a manufacturer of building
materials to consume materials in the performance of a construction contract without
owing tax on the fabricated cost of those materials. If the Jurisdiction, at its option,
decides to utilize this exemption option, it will so state by special provision and
publication in the Notice of Hearing and Letting.
1. Upon award of contract, the Jurisdiction will register the contract, Contractor, and
each subcontractor with the Iowa Department of Revenue and Finance; and
distribute tax exemption certificates and authorization letters to the Contractor
and each subcontractor duly approved by the Jurisdiction in accordance with
Section 1030, 1.10, B. These documents allow the Contractor and
subcontractors to purchase materials for the contract free from sales tax. The
Contractor and subcontractors may make copies of the tax exemption certificate
and provide a copy to each supplier providing construction material. These tax
exemption certificates and authorization letters are applicable only for the work
under the contract.
2. At the time the Contractor requests permission to sublet in accordance with said
Section 1030, 1.10, B, the Contractor shall provide a listing to the Jurisdiction
identifying all subcontractors, including the Federal Employer Identification
Number (FEIN) for the Contractor and all subcontractors, as well as the name,
address, telephone number, and a representative of the organization which will
perform the work, a description of the work to be sublet, and the associated cost.
3. The Contractor and each subcontractor shall comply with said Iowa Code Sales
Tax requirements, shall keep records identifying the materials and supplies
purchased and verify that the were used on the contract, and shall pay tax on
any materials purchased tax-free and not used on the contract.
SPECIAL PROVISIONS
An out-of-State contractor, before commencing a contract in excess of $5,000.00, shall,
pursuant to Iowa Code 91C.7(2), file a bond with the Division of Labor Services of the
Department of Employment Services. The Surety Bond shall be executed by a Surety
Company authorized to do business in the State of Iowa, and the bond shall be
continuous in nature until canceled by the Surety with not less than 30 days written
notice to 'the contractor and to the Division of Labor Services of the Department of
Employment Services indicating the Surety's desire to cancel the bond. The bond shall
be in the sum of the greater of the following amounts:
a, $1,000.00
b, 5% of the contract price
Release of the bond shall be conditioned upon the payment of all taxes, including
contributions due under the unemployment compensation insurance system, penalties,
interest, and related fees, which may accrue to the State of Iowa or its subdivision on
account of the execution and performance of the contract. If any time during the term of
the bond the Department of Revenue and Finance determines that the amount of the
bond is not sufficient to cover the tax liabilities accruing to the State of Iowa or its
subdivision, the Department will require the bond to be increased by an amount the
Department deems sufficient to cover the tax liabilities accrued and to accrue under the
contract, as provided under Iowa Code 91 C.7(2).
If it is determined that this subsection may cause denial of Federal Funds which would
otherwise be available, or would otherwise be inconsistent with requirements of Federal
law, this section shall be suspended, but only the extent necessary to prevent denial of
the funds or to eliminate the inconsistency with Federal requirements,
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Peno.. By TheBe _Is, "'allhe MERCHANTS BONDING COMPANY (MUTUAL), a corporallon duly organized undor
tn.laWl ofth. State of Iowa, and ha\ring Ita principal office in the City of Des Moines, County of Potk. State of Iowa. hath made,
constituted and appointed, and does by these presents make, conltilute and appoint
David H. Fritz, Diana K. Hedrick:, Keith M. Sindberg, Kevin L. Ehrlich, Charles Andracchio,
Kimberly A. Weiland, Olivia R. Phan
of Dubuque and Stale of Iowa kSlrua and lawful At1omoy-in-Fact, will1 full powar
and authority hereby confen'ed In Its name, place and stead, to sign, execute, acknowledge aoo deliver In ib behatf as surety any
and aN bonds, undertakings, recognlzanC88 or other written obligations in the nature thereof. SUbject to the limitation that any such
instrument shall not exceed thtl amount of~
ONE MILLION ($1,000,000.00) DOLLARS
and to bind tho MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to Ihe same extent as W such bond or
undortaklng was elgn.d by Iho duly aulhortzed oII1eoto of 1110 MERCHANTS IlONDING COMPANY (MUTUAL), end alllhe acto of
.ald Aftomay-ln-Foct, pUl$Uant to the .uthority h....ln given, .... hereby ratified and confirmed.
ThIs Powor-of.Ahom.y 10 modo .nd e.ecuted pursuant to and by authority 01 tho following Amended Subshtuted and Restaled By.
Laws adopled by the Boord of D1roct",a of tho MERCHANTS BONDING COMPANY (MUTUAL) on Novembor 16, 2002.
ARTICLE II, SECTION e . ThO Chalnnan of the BOlrd or Pre.ldont or any VIe. Prosld.nt or Sacrelary shaU have power and
authority 10 oppolnt At1omeya~n-Fact, and 10 aulhonzolhom to o.acuta on behOW of tho Company, and Oftocllll1. Seal of 1l1a
Company thereto, bonds and undertakings. recognlzanoes. contracts of indemnity and other writing. obligatory In the nllure
lhetoof.
ARTICLE II, SECTION 9 . The signature of any euthorlzed oIIlcer and 1l1a Seal oIlhO Company may be affixed by flcsimlle
to any Power or Anomey or Certification thereof authorizing the execution and delivery of any bond. undertaking,
recognizance. or othIW suretyship obligatIons of Ul8 Company, and such signature and seal when 10 used shalr have the
same force and erect as though manually fixed.
In W1tno.. Whereof. MERCHANTS BONDING COMPANY (MUTUAL) ha. cou.ed Iho.. p....ontsto bo signed by its P....id.nl and
Its corporote seal 10 be t\ereto alfilCod,lI1is 16th dlY 01 Jlnuo'l', 2Il06.
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STATE OF IOWA
COUNTY OF POLK ..,
MERCHANTS BONDING COMPANY (MUTUAL)
By~7~
President
On this 16th day of January, 2008, before me appeared Larry Taylor. to me pef'$OJ1elly known. who being by me duly sworn did say lt1at
t\e is Pmklent of the MERCHANTS BONDING COMPANY (MUTUAL), lhO COrpora1lon described In th. fO"'lloing instrument, and Iha1lI1e
Sealllf'ftxed to the said instrumenl is the Corportlte Seal of the said Corporation and that the saId instrument was signed ilnd Seilled in t1ehalf
of aeid Corporation by authority of it! Board of Directors.
In T estimcny VVhereor, f haye herMJnto set my hand and afftxed my Offldal Seal at the City of Des Moines, Iowa, the day and year first
aboYe written.
(t1 CINDY SMYTH
. '! Commlall6n Number 1735lM
My Comm~1no
lIan:h tI,
STATE OF I(yoNA
COUNTY OF PCLK II.
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NotMy PutJlfc, Pofl< County, fowl
I, Mliam warner, Jr" Secretary oflho MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify thlt the above Ind foregoing
I. . true and corract copy 01 tho POWER-OF-ATTORNEY ex.cuted by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full foroe and effecland hat not been Imended or revoked.
In 'MIn.s. lMloreof, I have hereunto sat my hand and aftllCod lI1e ..al of tho Company on thls29ttflaYof August, 2006
POA 0001 (1/06)
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ACO/1l).
CERTIFICATE OF LIABILITY INSURANCE
CSR DH
FREDJ-1 08 29
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
06
TRICOR, Inc. - Dubuque
PO Box 1810, 500 Iowa Street
Dubuque IA 52004-1810
Phone: 563-556-5441
INSURED
INSURERS AFFORDING COVERAGE i NAIC #
INSURER A Acuity InS/He~itaqe ==t 14184
INSURER 8
Fred Jackson Tuckpointinq rnc
Jackson Realty LLC & J Jackson
475 E 28th St
Dubuque IA 52001
COVERAGES
INSURER C
INSURER 0
INSURER E
~.
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 \iVHICH 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, AGGREGATE LIMITS SHOVvN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INSR-ADO' ---
L TR lNSR TYPE OF INSURANCE
i GENERAL LIABILITY
A X I.~~ C~~MERCIAL GENERAL LIABILITY I F13 94 4
;' CLAIMS MADE IX ] OCCUR
r-: L"..
POLICY NUMBER
L V
DATE MMfDDIYY
I IR N
DATE MMfDDIYY
LIMITS
01/01/06
01/01/07
EACH OCCURRENCE $1, QQ_Q_L9.QQ_
A
PREMISES (Eaoccurence) i $lo..0,000~
MED EXP (Any one person) .~ $ 5,000_ ___._
~RSONAL&ADVINJURY 1.1, O. _00, O..OL__
GE~ERALAGGREGATE $ 2 ,_~OO, O~
;--~~ODUC~S - COM!,/OP AGG $ 2 l 0 OOJ 0 0 0,_
LaC
A
AUTOMOBILE LIABILITY
Xl ANY AUTO
r---I ALL OWNED AUTOS
. =~-1 SCHEDULED AUTOS
'. HIRED AUTOS
: NON-OWNED AUTOS
I ~---- ----
F13944
01/01/06
01/01/07
COMBINED SINGLE LIMIT
(Eaaccident)
.1,000,000
I BODILY INJURY ·
(Per person)
BODILYINJUR-Y-_!:- --- ---
(Peraccrdent)
~- -- --
PROPERTY DAMAGE $
(Peraccldenl)
GARAGE LIABILITY
l' -! ANY AUTO
I
AUTO ONLY - EA ACCIDENT
.
EA ACC $
OTHER THAN
AUTO ONLY
A;
i E_XCESSIUMBRELLA LIABILITY
r:-:: - r--.
X OCCUR :_,.J CLAIMS MADE
I
,
F13944
01/01/06
01/01/07
AGG $
EACH OCCURRENCE $ 6,000,000
AGGREGATE ~ ' 00 D, 000... -..
_._-~.... -.---.--...-
$
-.---.,.-,---... . --
;'
-I DEDUCTIBLE
!X :' RETENTION $ 0
.1 WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
I ANY PROPRIETOR/PARTNER/EXECUTIVE
I OFFICER/MEMBER EXCLUDED?
!lfyeS,describeunder
I SPECIAL PROVISIONS below
OTHER
$
$
A Rental Equipment
F13944
01/01/06
01/01/07
20,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The City of Dubuque including all its elected & appointed officials, all its
employees ad volunteers, all its boards, commissions and/or authorities and
their board members, employees & volunteers are additional insureds on a
primary noncontributory basis (IL7063) Governmental Immunities applies. Waiver
of right to recovery applies per the general liability policy.
CERTIFICATE HOLDER
CITYDU1
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL
MAIL 30 DAYS WRITTEN
City of Dubuque
50 W. 13th St.
Dubuque IA 52001
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT
AUTHORIZED REPRESENTATIVE
ION 1988
ACORD 25 (2001/08)
Keith M. Sindbe
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25 (2001/08)
ADDITIONAL INSURED CITY OF DUBUQUE, IOWA
This endorsement modifies insuran~e provided under
the following:
BUSINESS AUTO COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
BIS-PAK BUSINESS LIABILITY AND MEDICAL
EXPENSES COVERAGE FORM
1. The City of Dubuque, Iowa, including all its
elected and appointed officials, all its employ-
ees and volunteers, all- Its boards, commissions
and/or authorities and their board members,
employees and volunteers, are included as ad-
ditional insureds with respect to all work and
services performed for them. This coverage
shall be primary to the additional insureds and
not contributing with any other insurance or
similar protection available to the additional in-
sureds, whether other available coverage be
primary, contributing or excess.
2. The following applies when the City of Du-
buque, Iowa is named as an additional insured:
a. We expressly agree and state that the pur-
chase of this policy and the naming of the
City of Dubuque, Iowa as an additional in-
sured does not waive any of the defenses
of governmental immunity available to the
City of Dubuque, Iowa under the Code of
Iowa Section 670.4 as it now exists and as
it may be amended from time to time.
b. We further agree that this policy of insur~
ance shall cover only those claims not sub-
ject to the defense of governmental immu-
nity under the Code of Iowa Section 670.4
as It now exists and as it may be amended
IL-7063(7-02)
from time to time. Those claims not subject
to the Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this
policy.
c. The City of Dubuque, Iowa shall be respon-
sible for esserting any defense of govern-
mental immunity. and may do so at any
time and shall do so upon timely written
request by us.
d. We shall not deny coverage under this poli-
cy and we shall not deny any of the rights
and benefits accruing to the City of Du-
buque, Iowa under this polley for reasons of
governmental immunity unless and until a
court of competent jurisdiction has ruled in
favor of the defense(s) of governmental im-
munity asserted by the Crty of Dubuque.
Iowa.
e. We and the City of Dubuque, Iowa agree
that the above preservation of governmental
immunities shall not otherwise change or
alter the coverage available under the poii-
cy.
3. We will give thirty (30) days advance written
notice of cancellation, non renewal. reduction In
coverage or limits and/or material change by
endorsement and ten (' 0) days written notice
for nonpayment of premium 10: City of Dubuque
and Dubuque County, City Hall, 13th and Cen-
tral, Dubuque, IA 52001. This endorsemenl su-
persedes the standard cancellation statement
on the Certificate of Insurance to which this
endorsement is attached.
~
CITY OF DUBUQUE, IOWA
HAWTHORNE STREET, BEE BRANCH AND MAUS LAKE
FLOOD WALL PUMPING FACILITIES
GENERATOR INSTALLATION
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 21st day of August, 2006, between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City) and
Kluck Construction, Inc.(Contractor).
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 Hawthorne
Street, Bee Branch and Maus lake Flood Wall Pumping Facilities Generator Installation (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 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.
F-1
:
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 within 180 consecutive
calendar days.
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.
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 AMOUNTS for Pumoina Stations $223,860.80: Alternate A
$145.502.00:.Alternate B $48,134.00 and Alternate C $28.924.00.
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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 $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 9 573.6, 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 O~ DUB~qUE, IOWA _
By 11t,{ (~/Jl~
Oity Manager
PRINCIPAL:
Kluck Construction, Inc.
Contractor:
By:
/_-x.,,~ IiC~
S~n~uffi '
t../Jj
Title
CERTIFICATE OF CITY CLERK
F-3
CITY OF DUBUQUE, IOWA
HAWTHORNE STREET, BEE BRANCH AND MAUS LAKE
FLOOD WALL PUMPING FACILITIES
GENERATOR INSTALLATION
BID PROPOSAL
The bidder hereby certifies that the bidder is the only person or entity interested in this
proposal as principal; 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 understands that all quantities of work, whether
increased or decreased, are to be performed at the unit price as stipulated herein; the bidder
proposes to furnish all necessary machinery, equipment, tools, labor and other means of
construction, and to furnish 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 the bidder 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:
Addendum No 1
Dated: 8 3-06
Dated:
Dated:
PRINCIPAL:
Kluck Construction, Inc
Contractor
14301 HWY 20 West
Address
Individual ( ) Partnership ( ) Corporation (X)
Dubuque, Iowa 52003
City
BY~~,- -~ J!f.v"g/
Signature .
Iowa
State
52003
Zip
Vice President
Title
8-9-06
Date
Note: To be completed by out of State bidders.
The State of does ( ) / does not ( ) utilize a percentage preference for in
state bidders. The amount of preference is percent.
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BIDDER Igrees to perform III the wOlk described In the CONTRACT DOCUMENTS for the following unit prices or Indlceted sums:
CITY ,OF DUBUQUE, IOWA
HAWTHORNE BTREET, BEE BRANCtf AND MAUS LAKE
FLOOD WALL PUMPING FACIUTES
GENERATOR INSTALLATION
NOTE: Bid. lhell EXCLUDE Sllesl8X end III ather eppllcable tl...1 and toes
BID SCHEDULE-8A8E BID
NO. DESCRIPTION
QUANTITY
UNIT
, PRICE
TOTAL
PRICE
HAWTHORNE STREET PUMP STATION
1 EIectI1ca1lnd ~Vltion Permn fees. 1 LS 'j {)(J Oi)
~.... .
2 Prepere site for conatJvollon Including Ine grading excavation. 1 LS d3Ql),<fD
3 COlIOtrud generator selenclollng slruelure with generator pad and securtly gate. 1 LS 1..::;1 LK/. ~D
4 Fumleh Ind instal the dleael engine genlrltor sel 1 LS 1=1(::>",., QO
5 Fumleh end Inon In lutomatlo 1I1Insfer switch with all_rlenant conduit wiring, fittings and ,
conneotlona. 1 LS J~4X'),OO
6 Coordlnllte powerlupply connectlona with the Power Company Including required Power Company L;t) .00
fee. ancllor.........-. LS
7 Romove no longer used eieolrlcellppl_' on outside of Pump Building. LS ,0)111 ;~
S Complete fineJ grading. Restore rock SUrflCe. Dlepooe of excess soli, rock or other mltertals. LS .
TOTAL I (., if '6"'-J.9 0
MAUS PARK PUMP STATION J
9 Eleclricel Perm~ fees. LS leI., ,00
10 Preplre site for conetrucUon including SM grading and excall8Uon and including railroad fllgm.n ,::?,lbSd 50
or I_led expensea. 1 LS
11 Conatrucl genel1ltor sllenclollng ItructU'" with ganerltor pld and seourily glte. 1 LS qt::l () b, '-fg
12 Fumilh and Inlllll the dIesel engine ginel1ltor let 1 LS ~1\tu'S'. 0
13 Fumilh end Inlllllln eulomltlc traneferswllcl1 wilh elllppurlenanl conduft wlring,lIItlngl and LS ~q7.00
connectionl,
14 Coordlnlte powlr IUPPIy connecllons wlIh the Power Complny. 1 LS CUI. CO
15 Remove no lOnger used electrical _rllus on outllde of Pump BUilding. 1 LS ,:J{)30D
16 Complete flnll gl1ldlng. Restore rode surface. DllpOl1 of excelS soli, rock or other matenals. 1 LS I~,r.ou
TOTAL ""i'ir1Cf1.QO
BID SCHEDULE - ALTERNATE BID ITEMS
BEE BRANCH PUMP STATION (KERPER BLVD)
AI_to A
A 1 Inltal1150 Hp pump control In existing Controi Building. Remove exilllng control.lnatall conduit,
wiring and 8ppurten8nces.
A2 CoordlnalAl power ..pply connecllons with the Power Company Including required Power Company
fees and/or 8Heumanta.
AS .,_1 Permn Fee
f:l.4
LS
5~ ,1 d5. c""
~t>o
00
&501 ,<1!)
I 4'" ~()';) .11 0
.
LS
LS
TolIl for A1ternall A
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'"
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BID SCHEDULE -ALTERNATE BID ITEMS
(CONTINUED)
NO. DESCRIPTION
A11lImateB
B1 ConItNCtSheet C1 waR and g.nerator pad with conduit for future wiring of Il"".rator lit
B2 Conolluct project.1te chain link flllCing wIIh ga"'a
B3 Exc8v8tIon penn<< FBI
Total for Alt8mate B
A1ternll8 C
C1 Construe! concrete Ildewalk and 1IIpI.
C2 Fumllh. lnela. and paint handraU.
Total for Alternate C
Altennll8 D
01 See Alternete 8
02 Furnish and In.tell the dlelll engine g....rator lit.
03 Furnish end lnatall an automatic transfor .wltch with all eppurtenant condu<< wifing, titling. and
connections.
04 Coordinate power .upply connection. wKh thi Powe' Company Including required Power Comp.ny
fell .nd/or ......m.nt..
05 Electrical perm<< F..
Total for Alternate D
QUANTITY
UNIT
PRICE
LS
LS
LS
t LS
1 LS
LS
LS
LS
LS
The contract will be awored to the lowe.t ...ponelve, ra.ponllble blddor on the b..l. of the lowe.t toIel price bid for \he b... bid. The
altern.te bid. A through 0 are Iisled In onder of prlority, A hlghesland 0 lowest. Th. Owner will select and enl., into contract for the
con.trutlon of Altemativ"" in the order ahown .s the project budget parmltB, Th. oily re.."" the rigntto SlI.ct none, all or a part 01 the
altematea Ilsled.
B-3
TOTAL
PRICE
.:15 ~Dl. 00
;l3~7 00
IJIOt
~()
IOl~~OO
I~ ~ DO
;2R QJ4.r:()
.
?:Dl"ilL,,oo
IO/QD4-.CO
. qO,oo
fQ(d..,. n/)
318 13(/0