Improvement Contracts West 5th Alpine to Hill
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Cont t), made in triplicate, dated for
reference purposes the ~ day of ~~~ " 2007, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager
by its City Council (City) and Horsfield Construction, Inc. of the City of Epworth, 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
West 5th Street (Alpine -Hill) Reconstruction 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
October 12t", 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 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 $764,204.90
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 Seven Hundred Fifty and 00/100 Dollars ($750.00) 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 UB UE, IOWA
By ~ / ~ /~~~ _.
C y Manager
PRINCIPAL /
,~,~s~c~Ci' ~~~r~
Contractor
ay:
`akJ ~cUL
Title
CERTIFICATE OF CITY CLERK
This is to certify that a ce~fied ,c y of the above Contract has been filed in my
office on the i' -~`~ day of , 2007.
~ ~-
/ '~
anne F. Schneider, CMC, City Clerk
Bond No. 54-165471
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALA MEN t3Y THESE PRESENTS: That Horsfield Construction, Inc, as
Principal (Contractor) and United Fire & Casualty Company 8S Surety are held
firmly bound unto the City of Dubuque, lawn (City, in the penal sum of $764,204.90 the
same being 1 QO% 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 resents.
Dated at Dubuque, Iowa, this ~ day of , 2007, and
duly attested and sealed.
~ ~ ~ , 2047,
WHEREAS, the said Contractor by a Contract dated
incorporated herein by reference, has agreed with said City f Dubuque to perform all
labor and furnish all materials recuired to be performed and furnished for the West 5~"
Street (Alpine -Hill) Reconstruction 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
fallowing provisions are a part of this Bond and are binding upon said Contractor and
Surety, to-wit:
1. PERFORMANCE BOND: The Contractor shall wel{ 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 dr~fault of failure to perform as required. The
Contractor 6hall also be responsible far the default or failure t4 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 ail 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 aH amounts due for labor,
materials, lubricants, oil, gasoline, repairs on machinery, equipment and #oois,
consumed or used by the Contractor or any subcontractor, wherein the same are
not sati9fied 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
f
by law. The Contractor and Surety hereby bind themselves to the obligations and
conditions set forth in Chapter 573, Code of Iowa, which ny 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 ail 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 o1 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;
8. To keep all work in continuous good repair; and
C. To pay the City the reasonable casts 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 ail of the work contemplated by the Contract in a workmanlike
manner and in strict compliance with the plans and specifications, and will pey all claims
for labor and materials used in connection with said Project, to indemnify the said City
for all damages, costs end 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 try complete said
Contract according to the Construction Qocuments and will maintain in food 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.
A11 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
conslclered as a part of this Bond just as if their terms were repeated herein.
Dotod at Dubuque, Iowa this day of , 2Da7.
GfTY OF AUB QU OWA
By: ~` ~~~
City Manager
PRINCIPAL
Horsfield Construction, Inc.
f`nntrartnr
By:
SURETY
Unilesl Fire & Casualty Company
'Sur 'Company
t3y: 1 w
6ignekure Di ~e . Y ng
Attorney-in-Fact _ _ _
Title
Des Moines, Iowa 50309-4120
City, State, Zip Code
515-309-6200
Telephone
Dione R. Young
Attorney In Fact
UNITED FIRE 8 CASUALTY COMPANY
HOME OFFICE -CEDAR RAPJDS, 144WA
CERTIFIED COPY OF P01NER OF ATTORNEY
. (Original on file. at,Home Office of Company -See Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY., a corporation duly organized and
existing under the Jaws of'the Sta#e of lows, and having its. principal office in Cedar Rapids, State of Iowa, does make, constitute and
aPPdint
TERRY; A. SCHUi.TZ. OR I3IONE R. YQUNG, OR BARRY A. MCGEE, OR JOAN W. AHROLD, OR JOHN R. FAY, OR
KARLENE:KENTId~R~ OR JENNIFER STAI2Kr OR MATT FAX, ALL INpIVIBt1ALLY of DES MOINES IA
its true and .IawfuE Attorniey(s3-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf a!! lawful
` bonds,:undertakings and other obligatory instruments of similar nature as follows: Any and All :Bonds
and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were sighed by
the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all. the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE &
CA5t1ALTY COMf~ANY.
'::This power of Attorney is„made and executed pursuant to an:d by authority of the following. By-Law duly adopted by Board of
Directors`of the Company on April'18, 19T3.
"Article V -Surety Bonds and Undertakings"
;Section 2, Appointment of Attorney-in-Fact. "rhe President or any Vice tresident; or shy other officer of the Company may,
from time'to time, appoinf try written certificates attorneys-in-fact to act in behalf of the Company in the execution of pobicies
of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized
hereby, and-the Corporate seal, may be affixed by facsimile to any power of attorney. or special power of attorney or
certification at either authorized hereby; such signature and seal, when so used, being adopted tyy the Company-as the
original signature of such :officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effect as though manually affixed. Such attorneys-in fact, sub}ect to the Nmitations set forth in their
respective- certificates of authority shall have full power to bind the Company by their signature and execution. of any such
instruments. and to: attache.'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 time revoke all power and authority previously given to any attorney-in-fact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be sighed by
~ ~ its vice president and its corporate sea! to be hereto affixed this 17th day of January, 2005
t C!9!l~lrtiT
ii~L ~ UNITED FIRE & CASUAk~TY COMPANY
r~ ~~ ~•.~
-State of Iowa, County of Linn, s:_ By i '`""~ K• Vice President
On .7th day o~ January, 2005, before me personally came Randy A. Ramlo
to me known, who being by me duly sworn, did depose and say; that he resides in Cedar Rapids, State of Iowa; that he is a Vice
President of ttte UNITED FIRE & GASUALTY 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 Board of Directors of said corporation and that he gne h s name thereto pursuant to Tike
authority, and acknowledges same to be the act and deed of said corporation. ~ ~~~(} ~~ ~~~
,~ c MICNEILE WI{.30N Notary Public ~,
f - COI~IM18810N NUMlBA 704745
• MY COMM S1Q EXPIRES My commission expires: "~, ~y
Qw~ -~- ~~~~~
I, the undersigned officer of the UNITED FIRE 8~'CASUALTY COMPANY; do 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 fCJRIGINALS ON FILE fN :THE HOME OFFlGE OF SAtD COMPANY, and that he sarrre are correct. transcripts
thereof, and;af the whole of the said originals, :and that the said Power of Attorney has. not been revoked and 'is now in full force and
effect:
fn testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Company
~ thks day of 2t~_.
t0U0tAfE
• ~
"u~ Secretary,
BOND001 X802
UND#3221-B