POD Parking Facility 3rd Extension and Award to Kraemer BrosTHE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
October 1, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Port of Dubuque Public Parking Facility Project
Project Manager Steve Brown recommends City Council approval of the third extension
of the construction contract award for the Port of Dubuque Parking Facility Project to
Kraemer Brothers in the revised amount of $19,222,235.00 and award of the contract to
the only bidder, Kraemer Brothers in the same amount.
The attached October 1, 2007 memorandum from Project Manager, Steve Sampson-
Brown replaces the September 28, 2007 memorandum that was sent with the agenda
packet with different numbers.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Steven Sampson Brown, Project Manager
Gus Psihoyos, City Engineer
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
October 1, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Steven Sampson Brown, Project Manager
SUBJECT: Port of Dubuque Public Parking Facility Project
(CIP 3601957)
INTRODUCTION
The attached agreement authorizes the third extension of the construction contract
award for the Port of Dubuque Public Parking Facility Project.
BACKGROUND
The Port of Dubuque Parking Facility will be a city-owned facility north of the new
Diamond Jo Casino, east of the new Durrant office building (former Adams Company),
and south of the planned mixed-use development along Fifth Street. The facility will
have entrances/exits to Bell Street and Ice Harbor Drive. A third entrance into the
garage will be located at the southwest corner and connect with the west end of the
Diamond Jo parking lot. The Diamond Jo will need to provide the City with a public
access easement for the entrance prior to construction.
The facility will accommodate 1,130 vehicles on four levels. Each level is approximately
126,000 square feet for a total square footage of approximately 508,000 square feet.
The levels are connected by speed ramps at the request of the Diamond Jo; and each
level will have direct connection to the Diamond Jo at two locations. The facility will
have connections to the mixed-use development at two locations on all four (4) levels
for people parking in the garage. The parking facility will have four (4) stair towers and
two (2) elevators for ease of access to each level.
Other amenities will include: public restrooms on the main level; amaintenance/storage
area under the first speed ramp; and landscaping as part of the building facade on the
main level.
The exterior of the facility will be a combination of brick, limestone, colored precast
concrete, and metal. The final facade treatment for the north and east faces will be a
temporary facade.
DISCUSSION
The original bid for the Port of Dubuque Public Parking Facility Project by Kraemer
Brothers was set to expire on August 24, 2007. The City and Kraemer Brothers then
entered into agreement that extended Kraemer's bid through September 19, 2007 at an
additional cost of $284,415.
In order to have additional time to negotiate the bond sale terms with the Peninsula
Gaming (Diamond Jo), the City and Kraemer Brothers then entered into second
agreement that extended Kraemer's bid through October 19, 2007 at an additional cost
of $284,000. The additional cost for the second agreement was contingent upon
Kraemer Brothers being given a Notice to Proceed on September 21, 2007 for a
breakout contract that would let them start construction of the parking garage
foundation. As negotiations between the City and Peninsula Gaming continued past
September 19, Peninsula Gaming declined to fund the award of a breakout contract for
the foundation work.
Now that the negotiations over the bond sales terms have concluded between
Peninsula Gaming and the City, a new, updated third agreement has been negotiated
with the following agreement terms and conditions:
^ The City Council needs to award the contract for the Port of Dubuque Public Parking
Facility on or before October 2, to allow Kraemer Brothers to immediately start work.
Additional delay costs for award extension of the base contract through October 2,
2007, in the amount of $220,270.
^ Additional Winter Condition Costs resulting from extension of the base contract
award through October 2, 2007, in the amount of $64,145.
^ Contingent Winter Condition costs in the amount of $67,855.00 which shall be
progressively billed to the project as costs are incurred above $64,145 and paid by
change order. The total amount of the additional construction costs and Winter
Condition Costs resulting from the extension through October 2, 2007 shall not
exceed $352,270.00.
^ Completion of miscellaneous shop drawing and design submittals by The Durrant
Group as listed in the agreement. (Note: Durrant has indicated that they will be able
to meet the review dates in the agreement.)
^ Kraemer Brothers will maintain the completion dates of Phases I (October 31, 2008)
and II (January 16, 2009) for the facility.
Based on the costs associated with the two extensions, the amended budget cost is
$19,222,235.00.
RECOMMENDATION
I recommend that the City Council authorize the third extension of the construction
contract award for the Port of Dubuque Public Parking Facility Project.
ACTION TO BE TAKEN
I recommend that the City Council approved the attached agreement extending the
construction contract award for the Port of Dubuque Parking Facility Project to Kraemer
Brothers in the revised amount of $19,222,235.00.
Prepared by Steven Sampson Brown, Project Manager
cc: Jenny Larson, Budget Director
Gus Psihoyos, City Engineer
Bob Schiesl, Asst. City Engineer
Tim Horsfield, Parking Manager
Dave Heiar, Economic Development Director
RESOLUTION NO. 488-07
APPROVING THE THIRD AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA
AND KRAEMER BROTHERS, LLC EXTENDING THE BID FOR THE
CONSTRUCTION OF THE PORT OF DUBUQUE PUBLIC PARKING FACILITY
WHEREAS, City of Dubuque, a municipal corporation of the State of Iowa (City),
has heretofore approved plans, specifications and form of contract for the Port of
Dubuque Public Parking Facility (the Project) which, among other things, allow the City
up to 30 days to accept or reject bids for construction of the Project; and
WHEREAS, by Resolution No. 372-07 adopted July 2, 2007, the City Council
authorized the advertisement for bids for the construction of the Port of Dubuque Public
Parking Facility Project; and
WHEREAS, City opened bids for construction of the Project on July 25, 2007,
and Kraemer Brothers, LLC (Kraemer) was the only bidder that submitted a bid at such
time; and
WHEREAS, Kraemer's bid expired on the 24th day of August, 2007; and
WHEREAS, Kraemer agreed to extend its bid through September 19, 2007; and
WHEREAS, City has made an additional request that Kraemer extend its bid
through October 19, 2007; and
WHEREAS, in consideration for City forbearing the rebidding of the Project,
Kraemer is willing to extend its bid on the terms and conditions set forth in the attached
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA AS FOLLOW:
SECTION 1. The Agreement attached hereto is hereby approved.
SECTION 2. The Mayor is authorized and directed to sign the Agreement on
behalf of the City of Dubuque.
Passed, approved, and adopted this 1st day October , 2007.
Roy D. Buol
Mayor
Attest:
Jeanne F. Schneider, City Clerk
THIRD AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KRAEMER BROTHERS, LLC
This Third Agreement, dated for reference purposes the 1St day of October,
2007, is made and entered into by and between the City of Dubuque, Iowa (City)
and Kraemer Brothers, LLC (Kraemer).
WHEREAS, City has heretofore approved plans, specifications and form of
contract for the Port of Dubuque Public Parking Facility (the Project) which, among
other things, allow the City up to 30 days to award a contract for construction of the
Project; and
WHEREAS, by Resolution No. 372-07 adopted July 2, 2007, the City Council
authorized the advertisement for bids for the construction of the Project; and
WHEREAS, City opened bids for construction of the Project on July 25, 2007,
and Kraemer was the only responsive, responsible bidder, whose bid, with accepted
alternates, was $18,692,000; and
WHEREAS, Kraemer's bid originally would have expired on the 24th day of
August, 2007; however, the parties entered into an Agreement in which Kraemer
agreed to extend its bid through September 19, 2007, with an increase to its bid for
increased costs due to such extension; and
WHEREAS, Kraemer's bid as extended would have expired on the 19th day
of September, 2007; however, the parties entered into a Second Agreement in
which Kraemer agreed to extend its bid through October 19, 2007, with an increase
to its bid for increased costs due to such second extension; and
WHEREAS, City has requested Kraemer to postpone the anticipated
construction start to October 2, 2007, which results in additional construction cost;
and
WHEREAS, in consideration for City forbearing the rebidding of the Project,
Kraemer is willing to extend its bid on the terms and conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
SECTION I. If on or before October 2, 2007, City awards a Contract to Kraemer for
the Project with the commencement of construction on October 2, 2007, the
Contract Price for the Project shall be as set forth in Section 3 below.
In order to diligently proceed with the Project, City shall provide Kraemer with the
following information by the designated deadline:
-- Notice to Proceed Issued (Contingent upon
City receipt of signed contract and bonds
on or before 9 AM on 10/2/07)
-- Building Permit
-- Approved shop drawings for precast
structures for site utilities
-- Return of shop drawings for reinforcing steel
related to the pile caps
prior to 9 AM on 10/2/07
on or before 10/3/07
on or before 10/5/07
within 5 days of submittal
SECTION 2. Kraemer's bid for the Project is increased by $284,415.00, in additional
to the previous increase of $284,415.00, due solely to the additional costs resulting
from the delay in starting construction to October 2, 2007.
SECTION 3. The Total Contract Price for the Project is itemized as follows:
Original Bid (with accepted alternates)
Additional construction costs resulting from the
extension through Sept 19, 2007
Additional construction costs resulting from the
extension through October 2, 2007
Additional Winter Condition Costs resulting from
the extension through October 2, 2007
Total Contract Price
Contingent Winter Condition costs which shall be
progressively billed to the project as costs are
incurred above $64,145 and paid by change order.
The total amount of the additional construction costs
and Winter Condition Costs resulting from the
extension through October 2, 2007 shall not
exceed $ 352,270.00.
$18,692,000.00
$ 284,415.00
$ 220,270.00
$ 64,145.00
$19,260,830.00
($ 67,855.00)
The Total Contract Price shall be broken into two components:
Auger Test Piles (previously issued) $ 38,595.00
Remaining Construction $19,222,235.00
Total Contract Price $19,260,830.00
Separate contracts shall be issued for each of the two components in the amounts
set forth above.
SECTION 4. If Kraemer is awarded a contract for the entire Project on or before
October 2, 2007, the Phase 1 completion date (for the North section of the Project)
shall remain October 31, 2008, and the Phase II completion date (for the South
section of the Project) shall remain January 16, 2009, unless later modified in
accordance with the terms of the contract(s).
SECTION 5. Except as set forth herein, all other provisions of the Contract
Documents for the Project are hereby ratified, confirmed and approved and shall be
binding on City and Kraemer, as the same may have been amended in writing by
the parties. In the event of a conflict between the terms of this Third Agreement and
any Contract Documents or prior Agreements relating to the Project, the terms of
this Third Agreement shall control.
CITY OF DU,~UQUE, IOWA
Roy D. Buol, Mayor
KRAEMER BROTHERS, LLC
By:Tom Kraemer
Its: President
By: Jeanne Schneider, City Clerk
THE CITY OF
I~iJB E MEMORANDUM
Master~iere an t~~e Mississippi
September 28, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Port of Dubuque Public Parking Facility Project
(CIP 3601957)
INTRODUCTION
The enclosed resolution authorizes the award of the construction contract for the Port of
Dubuque Public Parking Facility Project.
BACKGROUND
The Development Agreement with the Diamond Jo, LLC (Peninsula Gaming) requires
the City of Dubuque to design and construct the public parking facility on the Public
Parking Facility Real Estate located in the Port of Dubuque.
On February 5, 2007, the City Council approved a contract for approximately
$1,110,500 with The Durrant Group, Inc., (Durrant) for the architectural design of the
parking facility. On February 20, the City Council then approved the award of the
construction management services (scheduling, cost estimating, bid package
preparation, and construction administration) to Conlon Construction for $535,000.
DISCUSSION
The Port of Dubuque Parking Facility will be a city-owned facility north of the new
Diamond Jo Casino, east of the new Durrant office building (former Adams Company),
and south of the planned mixed-use development along Fifth Street. The facility will
have entrances/exits to Bell Street and Ice Harbor Drive. A third entrance into the
garage will be located at the southwest comer and connect with the west end of the
Diamond Jo parking lot. The Diamond Jo will need to provide the City with a public
access easement for the entrance prior to construction.
The facility will accommodate 1,130 vehicles on four levels. Each level is approximately
126,000 square feet for a total square footage of approximately 508,000 square feet.
The levels are connected by speed ramps at the request of the Diamond Jo; and each
level will have direct connection to the Diamond Jo at two locations. The facility will
have connections to the mixed-use development at two locations on all four (4) levels
for people parking in the garage. The parking facility will have four (4) stair towers and
two (2) elevators for ease of access to each level.
Other amenities will include: public restrooms on the main level; amaintenance/storage
area under the first speed ramp; and landscaping as part of the building facade on the
main level.
The exterior of the facility will be a combination of brick, limestone, colored precast
concrete, and metal. The final facade treatment for the north and east faces will be a
temporary facade.
BID RESULTS
Sealed bids were received on the project on July 25, 2007. Kraemer Brothers, of Plain,
Wisconsin, submitted the only bid in the base amount plus selected alternatives of
$18,692,000. This amount is 13.1 % under the engineer's estimate of probable cost.
Contractor Base
Name Bid
Selected Alternates
Total
Bid
1 A, 2, 3, 4, 5
Kraemer Brothers $17,894,000* $798,000 $18,692,000
• Not including $568,830 in contract extension costs
There were four alternate bid items selected on the project: Altemate 1A -Temporary
Vinyl Mesh Panels for North & East Facade; Alternate 2 -Paint Columns; Alternate 3 -
Power Assisted Doors at Restrooms; Alternate 4 -Power Assisted Doors at Elevator
Lobbies and Alternate 5 -Condominium Parking Access Control.
RECOMMENDATION
I recommend that the contract be awarded to Kraemer Brothers in the amount of
$19,222,235.00 (Base bid amount has been reduced by $38,595 to account for a
previously issued contract to Kraemer Brothers for Cast-in-Place Augered Pile Load
Testing).
BUDGET IMPACT
The estimate of probable costs for the Port of Dubuque Parking Facility Project is as
follows:
Revised Bid
Estimate Award
Construction Cost $21,071,150 $17,894,000
Alternates
Alternate 1A. Add Frames & Vinyl Mesh to North
Facade 380,000 686,000
Alternate 2. Paint Columns 30,250 26,000
Alternate 3. Power-Assisted Doors at Restrooms 16,500 19,000
Alternate 4: Power-Assisted Doors at Elevator Lobbies 24,000 37,000
Alternate 5: Condominium Parking & Access n/a 30,000
Alternate Subtotal $ 450,750 $ 798,000
Contract Extension to 9/19/2007 $ 284,415
Contract Extension to 10/02/2007 $ 284,415
SUBTOTAL -CONTRACT AMOUNT $21,521,900 $19,260,830
Contingency 2,080,000 1,926,083
SUBTOTAL -INCLUDING CONTINGENCY $23,601,900 $21,186,913
Allowances
1) Security Camera n/a 192,550
2) Fiber & Structured Cabling n/a 40,610
SUBTOTAL -ALLOWANCES - $ 463,160
Project Soft Costs
1) Architectural & Engineering Fees 1,110,500 1,110,500
2) Architectural & Engineering Reimbursable 65,000 65,000
3) Construction Management Fee 535,000 535,000
4) Professional Testing Services 90,000 150,000
SUBTOTAL -SOFT COSTS $1,800,500 $1,963,359
LEED Certification & Commissioning 228,000 102,859
TOTAL PROJECT COSTS WITH ALTERNATES $25.630,400 $23.383.432
The funding summary is as follows:
CIP No. Fund Description Fund Amount
3601957 Port of Dubuque Parking Facility - D.J. Escrow Payment $ 5,436,382.65
3601957 Port of Dubuque Parking Facility -Bond Sales 17,000,432.00
3601957 Previously Received DJ Payments of Soft Costs 913,617.35
3601957 Platinum Development -Reimbursement for Parking Gates 33,000.00
Total Project Funding
**$23,383,432
** The project costs, including all architectural, design, inspection, testing services,
documentation, construction management, engineering services, construction work,
10% construction contingency, interim financing, and any other related costs are being
funded by Urban Renewal Tax Increment Revenue Bonds issued by the City of
Dubuque and escrowed funds provided by the Diamond Jo. The source of bond
repayment is solely from the increment being created by the new Diamond Jo facility,
along with a corporate guarantee from the Diamond Jo. The Diamond Jo is also
required to pay $6,350,000 in cash up front which will be controlled by the City in an
escrow account. It is anticipated that the taxes levied on the Diamond Jo Gambling
Facility will be inadequate to fund the City's new public parking ramp. Therefore, the
Diamond Jo will be required to sign a minimum assessment agreement that guarantees
the base increment and any additional amount to the base increment that is sufficient to
retire the parking ramp bonds.
ACTION TO BE TAKEN
I recommend that the City Council adopt the attached resolution awarding the Port of
Dubuque Parking Facility Project to Kraemer Brothers in the amount of $19,222,235.00.
Prepared by Steven Sampson Brown, Project Manager
cc: Jenny Larson, Budget Director
Gus Psihoyos, City Engineer
Bob Schiesl, Asst. City Engineer
Tim Horsfield, Parking Manager
Dave Heiar, Enconomic Development Director
F:\PROJECTS\Port of Dubuque - 3rd Street Parking Garage\Council & Staff Documentation\Award\Port of Dubuque Parking Facility
Award Memo DRAFT.doc
RESOLUTION NO. 489-07
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF
DUBUQUE PUBLIC PARKING FACILITY PROJECT
Whereas, a sealed proposal was submitted by Kraemer Brothers, LLC (Kraemer)
for the Port of Dubuque Public Parking Facility Project (the .Project) pursuant to
Resolution and Notice to Bidders published on the 6th day of July, 2007.
Whereas, said sealed proposal was opened and read on the 25th day of July,
2007, and Kraemer with a bid in the amount of $18,692,000, as revised pursuant to the
First, Second and Third Agreements between the City of Dubuque and Kraemer, was
the only responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
That a Public Improvement Contract for Project is hereby awarded to Kraemer
and the City Manager is hereby directed to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 1st day of October , 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate,
dated for reference purposes the 1St day of October, 2007, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City
Manager by its City Council (City) and Kraemer Brothers of the City of Plain,
Wisconsin.
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 Port of Dubuque Public Parking Facility (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: The First,
Second, and Third Agreements extending the bid, 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 of the quality
required by the Contract Documents and shall be put in place in
accordance with the Contract Documents.
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, for a period
of two (2) years from the completion of the work, 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..
8. The Contractor shall fully complete the Project under this Contract on or
before the following timelines: Phase I -October 31, 2008; and Phase II -
January 16, 2009.
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 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:
10. 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
Contract Amount set forth below, less any payments made on this
Contract and any liquidated damages provided for in the Contract
Documents.
CONTRACT AMOUNT $19,222,235.00
11. The City has accepted Alternate 1 A, with respect to the real property
identified on the Overall Site Plan as Phases 2, 3 and 4, which are
designated as a mixed use development area (hereinafter "Mixed Use
Parcel"), as set forth in Contractor's Bid. The City's acceptance of
Alternate 1A is based on the following conditions:
In the event a portion of the Mixed Use Parcel is sold to a third party by
the City during the course of construction (such portion being the
"Transferred Property"), the City shall give written notice of the sale to
Contractor. Upon receipt of notice, Contractor shall have thirty days
within which to remove all materials, equipment, and labor from the
transferred property and all work on the Transferred Property shall cease
as of the thirtieth day, and as of that date, the Contractor shall have no
obligation to do any further work on the Transferred Property or
corresponding work on the facade of that portion of the parking ramp
constructed on the Transferred Property. In such case, the City shall be
entitled to a change order reducing the amount to be paid the Contractor
under this paragraph by the cost of all labor and materials for work under
Alternate 1A that will not be performed due to the transfer, less the sum
of any costs incurred by Contractor for ordered or purchased materials
that cannot be returned, any cancellation or restocking fees for material
or equipment, removal of equipment and material directly related to the
construction of Alternate 1A, and all labor and materials provided by
Contractor to put any partially completed work on the Transferred
Property in a safe and suitable condition for transfer.
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 One- Thousand and/00 Dollars ($1,000.00) 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.
CITY OF DUBUQ /E'~IOWA PRINCIPAL:
By Michael Van Millgen
City Manager
Kraemer Brothers, LLC
Contractor
By: Tom Kraemer
Signature
President
Title
CERTIFICATE OF CITY CLERK
This is to certify th t a certified copy of the above Contract has been filed
in my office on the 1st day of October, 2007.
Jeanne F. Schneider, CMC, City Clerk