Old Main Lighting Improvement ContractsCITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
HISTORIC OLD MAIN STREET
LIGHTING AND SIDEWALK REPLACEMENT PROJECT
THIS IMPROVEMENT~ONTRACT Contr ct), made in triplicate, dated for
reference purposes the~~r`~day of'/~ -2~ 2007, between the City of
Dubuque, Iowa, by its City Manager, throug authority conferred upon the City Manager
by its City Council (City) and Portzen Construction, 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:
To furnish all material and equipment and to perform all labor necessary for the
Historic Old Main Street -Lighting and Sidewalk Replacement 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 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 July
13, 2007. The Contractor also agrees to substantially complete the Project according
to the Phases below:
Phase I Completion Date: June 6t", 2007
Phase II Completion Date: July 13th, 2007
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 $363,873.15
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 $750.00 (Seven-Hundred-Fifty-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 DUB UE/~jI~A
By ~ l ''t~------~~
ty Manager
PRINCIPAL:
rp~~a C~eu~1P.tFa7~i~t'~-~/~cX'.
Contractor
By:
Sign re
Title
CERTIFICATE OF CITY CLERK
This is to certify that a ced cop of the above Contract has been filed in my
office on the-~~~~ day of / iG%~~~ , 2007.
J anne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Portzen Construction, Inc. as
Principal (Contractor) and United Fire & Casualty Company as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $363,873.15
(Insert Contract Amount) the same being 100% of the total price of the Contract far 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-~ day of /`7!-C~~ '~-~ , 2007, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated ,
2007, 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
Historic Old Main Street -Lighting and Sidewalk Replacement 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:
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 aH 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 famishing materials or providing labor in the perfom,ance 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 ob}igations 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} 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 spec cations, 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 specked in the Contract where this bond is obligated for
main#enance, 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 21st day of March , 2007.
CITY OF DUBUQUE,/IO,WJA/~/
By: -lam ~~' / "1~--
Gity Manager
PRINCIPAL:
Portzen Construction, Inc.
By:
SURETY:
United Fire & Casualty Compan
Sure Company
By: .~.~.., I~
Signature
Attorney-in-Fact
Title
_Dubuque,IA 52001
City, State, Zip Code
(563)556-5441
T~fephone
o~n
Attomey In-Fact
Contractor
UNTED FIRE 8~ CASUALTY COMPANY
' HOMf:OFFICE =CEDAR RAPIDS, IC)VIIA
CL=RTiFIED COPY OF POWER OF ATTORNEY
(Original on file at Home Office of Company -See Certification)
KNOW ALL MEN BY THESE PFtESLNT5, That the UNITED F{RE i~ CASUALTY COMPANY, a corporation duly organized and existing
under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, constitute and appoint
DAVID PRITZ, QR DIANA K HEDRIQK, OR KEITH M'SINDB$RG, OR CHARLES J ANDRACerHIO,:OLIVIA Ft ~HMITT, OR
KIPfBERLY A WIELAND, OR KEVIN' L EHRLICH, ALL 'INDIVIDUALLY of `bUBUQUB IA
its true and lawful AtEnmey(s)-in-Fact with power and author{ty hereby conferred #o sign; seal and execute In its behalf alt iavufut bonds,
undetkakings and other obligatory instruments of similar mature 8s fo{#ows: Any' anc~ A11: Bonds
and to bind UNITEt7 FIRE & CASUALTY GOItIfPANY thereby as fully and to the same extent as if such' instruments were signed by the
duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby
given are heretsy ratified and conllrified:
The AuthoFity hereby granted is Continuous and shall;remain !n full force and effect anti( revoked by UNITED FIRE. &
CASUALTY COMPANY.
-This power' of Attorney Is made end executed pursuant to end by authority of the follawi;ng ay-Law duly adopted by Board of
Directors of the Compagy on April '8,_1973, <.
' "Article V -Surety Bonds and Undertakings"
Section 2, Appointment of Attorney-in-fact. 'The President or any Vice President, or any other officer of the Company may,
from t{me tta time, appoint by written certificates attomeys-in,fact to act in behalf of the Company in the executicxi of po{ides of
insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of atty officer autharized;hereby;
and the Corporate seal, may be affixed'by facsimiii~ to any power of attamey<or special power of attprney or certificatioh of
eitkter authorized hereby; such signature and seat, when so used, tseing adopted by the Company as'the original signature of .
- such officer and the griginal seal of the_Gompany to be valid and binding upon the Company with the sartte forceand effect.as
though manually affixed.''Such attorneys-in fact, subject to the limitations set forth in their respective certifcates of authority
shalt have full power to bind the Company by their signature and execution of arty. such instruments and to attach-the seal of
the Company thereto. The President or any Vice President, the Board of Directors:: or any other officer of the Company' may at
any tone revoke aHpower and authority previously given to eny attorney-in-fact:.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused #hese presents to be signed by
~; its vice president and its corporate seal to be hereto affixed this 27th day of April, .2006
`~`~~ UNITED FIRE & CASUALTY COMPANY
t;iL
~~ -
~`s~.ra
By ~ ~"~. ~d~ww..Gb Vice: president
State 'of Iowa, County of Linn, ss:
On 27th day of April.,''<200b, before me persoAallycame Randy A. Ramlo
to me known;-who being by me ~1u#y sworn, did depose and say; that he resides in CedarRapids, State csf Iowa; that he is a' Vice
President of the UNITED FIRE ~ CASUALTY COMPANY, the corporation described in and which executed the above instrument; that
he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal;. that it was so affixed pursuant
to authority given by the Hoard of Directors of said corporation and that hesigned hi a thereto pursuant'to like authority; Arid
acknowledges same to be the act and dead of said corporatton. ~ ,
PA'fTx WIU't0EE1, a ublic -
4 Nttr,te~ Tt~27~~
~ ~ cOMMtfslom y commission expires:: 10/26/2007
MY CO t8s10 ~ tiflif~f.
OVr .>
!, the undersigned officer ofthe UNITED FINE R CASUALTY COMPANY, da hereby certify that I have:compared the foregoing .Copy of
the Power of Attorney and-affidavit, and the,copy of the Section of the by-laws of said Company as set forth in said Power of Attorney,
with the ORIGINALS ON FILE IN THE HOME Ot=FICE OF SAIO COMPANY, and ti~at the same art correct transcripts thereof, 'and of
the whole of the said originals, anet hat the said Power of Attorney has not been revoked',and is novv in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company
_ ,,. this 2l:st ,day of 1Vlurch Zp 07
<,..•r.
~ssL t
~~ ~
+.~~* y,
~,C/ Secretary
BON 00019 0802 U1 -