Improvement Contract_Dubuque Barge & Fleeting, Purina Drive Barge Dock MaintenanceCITY OF DUBUQUE, IOWA
PURINA DRIVE BARGE DOCK MAINTENANCE PROJECT
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 20`h day of August, 2013, between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City) and
Dubuque Barge & Fleeting DBA Newt Marine Service (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 Purina Drive
Barge Dock Maintenance 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 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 within 90 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 AMOUNT $589,850.00
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 Tess
than ten percent (10 %) of the Contract price but in no event be Tess than $200.00 (Two
Hundred Dollars) as liquidated damages to the City.
The surety on the bond furnished for this Contract shall, in addition to all other
provisions, be obligated to the extent provided for by Iowa Code § 573.6, relating to this
Contract, which provisions apply to said bond.
The Contractor agrees, and its bond shall be surety therefore, that it will keep
and maintain the Project in good repair for a period of two years after acceptance of the
same by the City Council and its bond shall be security therefore.
CITY OF DUBUQUE, IOWA
By
City Manager
PRINCIPAL:
Dubuque Barge & Fleeting DBA Newt
Marine Service
Contractor:
CERTIFICATE OF CITY CLERK
This is to ce ify that a certified copy of the above Contract has been filed in my
office on the , ,r day of `y , 2013.
ityrerk
CITY OF DUBUQUE, IOWA
PURINA DRIVE BARGE DOCK MAINTENANCE PROJECT
BID FORM 1A
BID SCHEDULE
Revised per Addendum 1
v�
BASE BID LUMP SUM TOTAL PRICE $ �S9 6)-S-6
Base bid includes 100 ton of Class E revetment in- place.
UNIT PRICES
Additional Class E Revetment in -place $ -J�3 / ton (50 ton bid evaluation basis).
Removal and Disposal of existing concrete deadman $ / cubic yard (25 c.y. bid evaluation basis).
Additional 8,000 psi wall concrete in -place $ .3 - o / cubic yard (15 c.y. bid evaluation basis).
Date Aar s1" C2 , 2013
Firm Name 406i/4)a6 6V 6E. . -Fe�� /7/d 464 id' cv/ 7l(',�i;v
Address
Telephone Number
3 ? / 7.5
Fax Number 5'6" a LI 3 7 /
Contractor Registration No. Co 7 (s
Federal ID No. rd -
Signature
Typed or Printed
Title
ATTEST: Signature
Typed or Printed
Title
ViC >2c��Jc =ni i
4-(4-7-0
,
For all sections, the following subcontractor information must be included:
Subcontractor Name and Address
Purpose Hired
7
Bid Proposal Page 1 of 2
A-1 – Addendum No. 1
CITY OF DUBUQUE, IOWA
PURINA DRIVE BARGE DOCK MAINTENANCE PROJECT
BID FORM 1B
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 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 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:
PRINCIPAL:
NEztJ j
By:
Contractor
Individual ( ) Partn . hi
Corporation
Dated: 7/57/3
Dated:
Dated:
Signature
Title
72t-. r✓J�nt i
Address
Au 6a 4)a
City
--to( c)4 S )/
State Zip
j46' G, 6, 0i 3
Date
Note: To be completed by out of State bidders.
The State of p1/%4 does ( ) / does not ( ) utilize a percentage preference for in state bidders. The
amount of preference is r'% percent.
Bid Proposal Page 2 of 2
8-2 — Addendum No. 1
BOND NO. IAC581907
CITY OF DUBUQUE, IOWA
PURINA DRIVE BARGE DOCK MAINTENANCE PROJECT
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Dubuque Barge & Fleeting Service Co.
d /b /a Newt Marine Service 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 $ 589,850.00
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 22nd day of August
attested and sealed.
20i3, and duly
WHEREAS, the said Contractor by a Contract dated August20 , 2013 ,
incorporated herein by reference, has agreed with .$aid City of Dubuque to perform all
labor and furnish all materials required to be performed and furnished Purina Drive
Barge Dock Maintenance project (the Project) according to the Contract Documents
prepared therefore.
It is expressly understood and agreed by the Contractor and Surety 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
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 Documents by ail 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 compietien 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.
H -1
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) years from the date
of acceptance of the work under the Contract by the City Council of the City
of Dubuque, Iowa, by reason of defects in workmanship or materials used in
construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the City the reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the City all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
Contractor's and Surety's agreement herein made extends to defects in
workmanship or materials not discovered or known to the City at the time such work was
accepted.
NOW, THEREFORE, the condition of this obligation is such that if the said
Contractor shall perform all of the work contemplated by the Contract in a workmanlike
manner and in strict compliance with the plans and specifications, and will pay all claims
for labor and materials used in connection with said Project, to indemnify the said City
for all damages, costs and expense incurred by reason of damages to persons or
property arising through the performance of said Contract, and will reimburse the City for
any outlay of money which it may be required to make in order to complete said Contract
according to the Construction Documents and will maintain in good repair said Project
for the period specified in the Contract where this bond is obligated for maintenance, and
will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then
this obligation shall be null and void, otherwise it shall remain in full force and effect.
All the conditions of this bond must be fully complied with before the Contractor
or the Surety will be released.
The Contract and Contract Documents shall be considered as a part of this Bond
just as if their terms were repeated herein.
Dated at Dubuque, Iowa this 22nd day of August
,x(}13
CITY OF DUBUQUE, IOWA
By:
City Manager
PRINCIPAL':
Dubuque Barge & Fleeting Service Co.
d /b /a Newt Marine Service
Title
SURETY:
Merchants Bonding Company
By:
Signature
Daniel P. Curran, Attorney -In -Fact
Title
220 Emerson Place, Suite 200
Davenport, IA 52801
City, State, Zip Code
563- 322 -3521
Telephone
Daniel P. Curran
Attorney In -Fact
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,
Daniel P Curran; Deanna L Schwab; Mark J Schwab; Robert D S Karll
of Davenport 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:
TEN MILLION ($10,000,000.00) 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 23rd day of July , 2012 .
STATE OF IOWA
COUNTY OF POLK ss.
° * -.•G , * •• ,o °° MERCHANTS BONDING COMPANY (MUTUAL)
e �O•.QRPOg'•.9 a MERCHANTS NATIONAL BONDING, INC.
e1-; -0- R`: °
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President
On this 23rd day of July 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
s F. Commission Number 770312
/OWN 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 22nd day of August , 2013 .
POA 0014 (11/11)
_0_ �,; °r—. -o- ®• °
,' "' ° z:'r 1933 c' Secretary >Cv3 °
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