Swiss Valley Farms Request to Waiver SidewalksJune 7, 2007
Mayor Buol and City Council Members,
The City of Dubuque
50 West 13'~ St.
Dubuque, IA 52001
Dear Mayor and Dubuque City Council Members,
We are in the process of completing our perimeter security around the Swiss
Valley Milk Bottling plant located at 3510 Central Avenue. Phase one of this Project was
completed in 2002. At this current point we find it necessary to complete the perimeter
security due to increased pressure from our customers and regulatory audits to step up our
protection and conformity to the Department of Homeland security and FDA's
Bioterrorism Food Protection Act.
During our site review meeting, as well as subsequent discussions, with the
Planning Services Department, Greater Dubuque Development Corporation and Swiss
Valley Farms the city code Section 41-100 came up for discussion. We are seeking an
exclusion from City Ordinance code Section 41-100 which would require us to construct
a sidewalk outside of the fence over 1051 feet in length along Jackson Street. We feel
this sidewalk will have very limited use and be redundant. We will be installing a
sidewalk on the inside of the existing and proposed extension of the fence that will allow
our employee foot traffic safe and protected access to the entry doors of the facility.
We desire to complete the perimeter security measures in order to comply with
the increased scrutiny from our regulatory audits as they pertain to our current operations
at the Swiss Valley Farms Dubuque Beverage Processing Plant in Dubuque and seek
your exclusion requiring us to construct a sidewalk along Jackson Street.
Resp ct lly,
~~ ~~ ~~~
avid 2wart
Director of Beverage Operations
Cc: Rick Dickenson -Greater Dubuque Development Corp.
Dan Mc Donald -Greater Dubuque Development Corp.
Gordy Toyne -Swiss Valley Farms Co.
Brian Bossar P.E. - Bosar Consultants LLC
Wally Wernimont -Dubuque Planning Services
Ron Turner -Dubuque Engineering Services
-•rer Awned w~tn ` -
Bond No. 54-165491
CITY OF DUBUQUE. IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BAND
KNOWN ALL MEN 13Y THESE PRESENTS: That Horsfield Construction, tnc, as
Principal (Contractor) and United Fire & Casualty Company as Surety are held
firrniy bound unto the City of Dubuque, Iowa (City), in the penal sum of $'!,657.853.10
the same being 10U% 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 Clty of
Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are
intended to be protected snd secured hereby for which payment we bind ourselves, our
heirs, executers, successors and assigns, jointly and severally by these presents.
/~
Dated at pubuque, Iowa, this /~ day of !~~ , 200'x', and
duly attested and sealed.
WHEREAS, the said Contractor by a Cantcact dated ~- / ~`
2007, incorporated herein by reference, has agreed with ad City of Dubuque to
pertorm all labor and furnish all materials required to be performed and furnished for the
Rush Street (Bryant -Villa) Reconstruction Project {the Project) according to the
Contract and Gonstructiar~ Documents prepared therefore.
It is expressly understood and agreed by the Contractor and Surety bond that the
fiollowing provisions are a part of this Bond and are binding upon said Contractor and
Surety, to-wit:
1, PERFORMANCE 130ND: The Contractor shall well and faithfully observe, pertorm,
fulfrll and abide by each and every covenant, condition snd 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 ar+d 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 shah 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, ail, gasoline, repairs on machinery, equipment and tools,
consumed or used by the Contractor or any subcontractor, wherein the same era
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 shell 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 #o the obligations and
conditions set forth In Chapter 57~, Code bf 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 Gity 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 #ailure to remedy any defect as
required by this section.
Contractor's and Surety's agreement herein made extends to defects in
workmansk~ip 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 complianoe with the plans and specifications, and will pay ail claims
far labor and materials usBd in connection with said Project, to indemnify the Bald 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 aII 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 l,e 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 dey of , 2007.
CITY OF DUBU ,Iowa
By: ~, ~
Cit Mana er
PRINCIPAL
Horsfield Construction, Inc.
Contractor
I
By: ~'
Sig/nature'
Title
SURETY
United Fire & Casualty C
SCvmpany
ey; ; ~ =w
ic~nature
Dione R. Young, Attorney-in=Fact & Iowa
Title Resident Agent
Des Moines, Iowa 50309-4120
City, State, Zip Code
515-309-6200
Telephone
Dione R. Young
Attorney {n Fact
___ _
UNITED FIRE & CAS'UihLTY CtOMPaNY
' HOMEOFFICE ..CEDAR RAPIDS, IOWA
CERTIFIED COPY OF POiNER OF ATTORNEY
(Original on fide at Home Office of Company -Sae Certification)
KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and
existing. under the Isws o#'the State of Iowa, and Maving its principal office'-in Cedar Rapids,. State of Iowa, does make, constitute and
appoint
TERRX A SCHIILTZ, QR DION$ R. YDUNG, OR BARRY A. MCGEE OR-JOHN W. AHROLD, OR JOHN R. FAY, OR
KARLENE'KENTNIw$, OR JENNIFER STARK, OR MATT FAX, 'ALL INDIVIDUALLY of DES MOINES IA
its true and. lawfuh-Attorney(s)-in-Fact with power and :authority hereby conferred to sign, seal and. execute. in its .behalf all awful
bonds, undertakings and other obligatory instruments of similar nature as follows: Any ana All Bonas
and o-.bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by
the duly authorized officers of UNITED FIRE 8~ CASUALTY CC•MPANY and all the acts of said Attorney, pursuant to the authority
hereby given are hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by UNITED FIRE &
CASUALTY COMPANY. -
This power of Attorney is<made 8nd executed pursuant to and by authority of the following By-Law duly adapted by$oard of
Directors of the Company an April '18, 1973.
"Article V -Surety Bonds and Undertakings"
Section 2,, Appointment of Attorney-in-Fact. "The President or any Vice President, cr any other officer afthe Company may,
from time to time; appointby written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies
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 of either authorized hereby; such signature and seal, when so used, being adopted by the Company as the
original signature of such officer and the original seal of the Company,. to be valid and binding upon the Gomparzy with the
same force and :':effect as hough manually affixed. Such attorneys-in fact, subject to the limitations: 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:#o attach the seal of the Company thereto. The President or any Vice President, .the Board of Directors ar
any other officer of the Company may at any time revoke alt power and authority previously given to any attorney-in-fact.
IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by
i~t~, its'. vice president and its corporate seal to be hereto affixed this 19th day of January, 2005
~CO~-OUTE
'-' UNITED FIRE & CASUALTY CCrMPANY
iLIL ~
.~r
+~
'fir ~„~N ~~`
By ~ (,~' ~„~ Vice President
-State of Iowa, County: of Linn, ss:
On I9th 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 the UNITi=D FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instrument; that
he kpows 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 igne his 'name thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporation. `
`~~-~ ~ Lug
w=~~ c:~ MIGNELLE W{LSQN
± ' - COIdIMI$SION NUMBER 7(341#5 NOtary PubIIC
• MY COMMi,s Sio EXPIRES My commission expires: '"~, 1~1 ~
1, 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 ORIGJNALS ON FILE IN-:THE HOME OFFICE OF SAID COMPANY, and thafthe same are .correct transcripts
thereof, ar#d of 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.
~ !n testimony whereof I have hereunto subscribed my name and affixed the corporate. seal of the. said. Campahy
~' this day of ~~__.
COitOURiE
...~~.
Jiit~L ~ /J~
wM~ arc`
","N Secretary
BOND00190802
'UND#3221-B ''
t•
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (t a Contract), made in triplicate, dated for
reference purposes the i yam' day of L~~C~ 2007, between the City of
Dubuque, Iowa, by its City Manager, thro 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:
1. To furnish all material and equipment and to perform all labor necessary for the
Rush Street (Bryant -Villa) 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:
Phase I -November 16, 2007
Phase II -July 3, 2008.
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 $1,657,853.10
~ .
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 E, IOWA PRINCIPAL
C ty Manager _ Contractor
y. ~.
Signature
l~cE t ~~ ~.~s - -r
Title
CERTIFICATE OF CITY CLERK
This is to certify that a tfied copy of the above Contract has been filed in my
office on the day of , 20 7.
_~
eanne F. Schneider, CMC, City Clerk
. 4
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Selco, Inc. as Principal
(Contractor) and Merchants Bondi ng Company (Mutual) as Surety are held firmly
bound unto the City of Dubuque, Iowa (City), in the penal sum of $60,274.10 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 25th day of May , 2007, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated 25th day of
May , 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 Calendar Year 2007 Pavement Marking 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
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 25th day of May , 2007.
CITY OF DUBUQUE, IOWA
By: ~ C` ~~
City anager
PRINCIPAL:
SFLCO, Inc.
Contractor
Signature
1/l<< Or~s~
Title
SURETY:
Merchants Bonding Company (Mutual)
Sur Company ~
By:
gnature
Scott A. DeSousa
Attorney-in-Fact
Title
Dubuque, IA. 52001
City, State, Zip Code
563-556-0272
Telephone
Attorney In-Fact
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
Robert J. Miller, Terrance J. Friedman, Scott A. DeSousa
of Dubuque and State of Iowa its true and lawful Attomey-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, undertakings, 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 HUNDt2ED THOUSAND ($1,500,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of
said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 -The Chairman of the Board or President or any Vice President or Secretary 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.
ARTICLE 11, SECTION 9 -The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
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, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to tle hereto affixed, this lfith day of January, 2006.
STATE OF IOWA
COUNTY OF POLK ss.
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MERCHANTS BONDING COMPANY (MUTUAL)
~~
President
On this 16th day of January, 2006, before me appeared Lany Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), 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 Offical Seal at the City of Des Moines, Iowa, the day and year first
above written.
CINDY SMYTH C/ j,r/
~~~ Commission Number 173504 1..v~r-~
MY Commission Expires
March 16, 2009 Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William blamer, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), whim 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 Company on this 25t~lday of May ~ 2~~~
POA 0001 (1/06)
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Secretary
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CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the a5 k~ day of 2007, between the City of
Dubuque, Iowa, by its City Manager, through au ority conferred upon the City Manager
by its City Council (City) and Selco, 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
Calendar Year 2007 Pavement Marking 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.
• R
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
September 15, 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 $60,274.10
i "
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 Two Hundred Fifty and 00/100 Dollars ($250.00) 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 UBU E, IOWA
gy ~-
Ci y Manager
PRINCIPAL:
Se /~C7 ~ti C .
Contractor
Signature
U/l~ ~,f"rS.
Title
CERTIFICATE OF CITY CLERK
This is to ~rtify that a c 'fled copy of the above Contract has been filed in my
office on the V' day of / .f/ , 2007.
~ ~,/
anne F. Schneider, CMC, City Clerk