Improvement Contract_Drew Cook and Sons Excavating_SRF Green Alley Set 4CITY OF DUBUQUE
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 16th day of May, 2014, between the City of Dubuque, Iowa, by
its City Manager, through authority conferred upon the City Manager by its City Council
(City) and Drew Cook & Sons Excavating Co., Inc. 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 SRF
Green Alley Project, Bid Set 4 (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 31, 2014.
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 $ 162,946.75
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
less than $ 500.00 (five 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.
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 DUBU E, IOWA
PRINCIPAL
o-
By ec,) �°(�U\C. t S 0!� 3 �CtiO nG
City anager Contractor
By:,�
ei)
Signature
f)C'e)0
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified copy of the above Contract has been filed in my
office on the day of 7 / / , 2014.
K<vih S. Firnstah
C City Clerk
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Drew Cook & Sons
Excavating Co., Inc. as Principal (Contractor) and
IMT Insurance Company as Surety are held firmly bound unto the City
of Dubuque, Iowa (City), in the penal sum of $ 162,946.75 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 27th day of May , 2014, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated May 16, 2014, 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 SRF Green Alley ,
Bid Set 4 (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 27th day of May , 2014.
CITY OF DUBUQUE, IOWA
By:
PRINCIPAL
LLf Deco C�cx�IC. S°1\i S F)C
Contractor tj341
City Manager
By:
�C cx)
gnature
o )C1.1/4p r\ -L
Title
SURETY
IMT Insurance +m.an
ture
Attorney -in -Fact
Title
Dubuque, IA 52001
City, State, Zip Code
563-556-3232
Telephone
John E. Goodmann
Attorney In Fact
1MT ,'' INSURANCE
POWER OF ATTORNEY
No. 7 c
Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa, and having
its principal office in the City of West Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents
make, constitute and appoint
John E. Goodmann and Barton P. Brown
of Dubuque and State of Iowa its true and lawful Attorney -in -Fact, with full power and
authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under-
takings, 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 Five Hundred Thousand and No/100 ($1,500,000.00) Dollars
and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized
officers of IMT Insurance Company, and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
t�1
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 IMT Insurance Company on December 18, 1998.
ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and
to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con-
tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements.
ARTICLE VIII, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power
of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By -Laws. Such
facsimile signature and seal shall have the same force and effect as though manually affixed.
In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to
J
be hereto affixed, this 2nd day of May , 2014
IMT Insurance Company
Rm ec
Richard Keith,President
WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED L 1y GO.
STATE OF IOWA
COUNTY OF POLK
}
ss:
On this 2nd day of May , 2014 , before me appeared Richard Keith, to me personally known,
who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing instrument,
and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in
behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines, Iowa, the day and year
first above written.
paAI.
IOWA
DEE COPIC
COMMISSION NO. 742311
MY COMMISSION EXPIRES
&I6-2015
Notary Public, Polk County, Iowa
CERTIFICATE
I, Dalene Holland, Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of
the POWER-OF-ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on 27th day of
May 2014
SY 06 06 (01/07)
rE
Dalen Holland, Secretary
iJlr,;?,,.i 61JA1 (..r�rtk.r €�idr[JJct