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Improvement Contract/Bond_Drew Cook Excavating_Thomas Place Retaining Wall Repair Copyrighted May 7, 2018 City of Dubuque Consent Items # 28. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: D&D Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project One; Drew Cooks & Sons Excavating Co., Inc., for the Thomas Place Retaining Wall Project; Eastern lowa Directional Drillers for the Grandview Avenue Streetlight& Fiber Project; Midwest Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project Two; Portzen Construction, Inc., for the 22nd Street Storm Sewer Improvements Project (Elm to White Streets). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type D&D Concrete Inc., Contract-Bond Supporting Documentation Drew Cook& Sons Excavating, Inc., Contract-Bond Supporting Documentation Eastern lowa Directional Drillers, Inc., Contract-Bond Supporting Documentation Midwest Concrete Inc. Contract-Bond Supporting Documentation Portzen Construction Inc., Contract-Bond Supporting Documentation 1 SECTIU�d 00500 � Page 1 af 6 � Pu�i��iC ��P�Q�/EMENT C�NT�1�:T sECTmoN o0500 Th�mas P1a+ce Retain�ng Wall Repair THIS IMPROVEMENT C�NTRACT (the Contract), made in triplicate, dated for references ` purposes the 11t" day of April, 2018 be#wee� the City of Dubuque, lowa, by its City M�nager, ; through authority conferred upon #�e City Manager by its City Council (City), and Drew Cook&Sons � �xcavating �o., Inc. (Gontrac�or). � For and in consideratiQn o�the mutual cc�venants herein contained, the parti�s hereto a�ree '� as follavvs: � ,� +�d�iT�A�TOR AGREES: �j 1. To furnish all material and equipment and ta perform a�ll labor necessary for the ;� Thomas Place F�etaininq Wali Repair (Project}. ' 1 2. �ONTRRCT DQCUMENTS � �4. The Contract C�ocuments cQn�i�t of the fallar�ving: i; 1. �roject Tifile Page (�ecti�n 00100). � 2. Project Directory Pag� {Section Q01 Q1). � � 3. This Public Improveme�t Cc�ntract (Section Q0500). ; 4. Performance, Payment, and Maintenar�ce �ond (S��tion 00600). ' ; 5. C�ut-of-State Contractor Bond (�ection Q0610). y 6. Other Bcands: a. (Bond Name) (pages_to� , inclusive). b. (Bond Name) (pages�to� , inc{usive). � I! c. (Bcand Name) (page��to� , inclusive). � 7. The I�awa Statewide Urban Design And Specifications (SUDAS)2017 Edit�an. � 8. GfTY OF DUBIJQUE Su I�mental S ecificati�ns 2017 Edition. � �� p 9. Other Standard and ��appl�mentary Specifrcati�ans as list�d c�n the Title Page Qf the Contract Document Manual. 10.Special Prc�visions in�luded in ��e projecfi Contract Document Manual. 11.Drawings —aheet Nc�.G1.01 thr�augh I��.S5.Q1 (5 page�) or drawings consisting of sheets bearing the follc�wing �eneral title: _Thamas Place Reta�nin� Wa11 Rep�ir 12.Addenda (numbers_to� , inclusive). 13.lnsurance Provisions and Requirements (Se��ian Q0700). 9 14.Sales Tax Exemption Certifcate (Secfiion 00750). � 15.�it� Candition Ir�#c�rmatisan (Seetiran 00775). � � 16.Construction Schedule and Agreed Cost of Delay (�ecfiion 00800). a � � �� r . � � SECTI4N 00500 � Page2of6 � � 17.Erosion Contral Certificate (Section 00900). I� 18.Consent Decree {Seetion O10Q0). � r 19.4ther Project lnformation and Permits (Section �1100 - OOQ00). j i 20.Exhibits to this Cantract (enumerated as follows): � , a. Cantractor°s Bid (pages _to_, inclusive). + b. Bidder Status Form {S�ction 00460). c. The following documenta�ian that mu�t be submitted by Contract�r�ric�r tc� i�otice � of Aw�rd. e. None. '! ji 21.The following which may (ae de�ivered or issued on or after th�: E�fectiv� Date o#�the i Agreement: a. Notice to Proceed (Sec��on 00�50). I � b. Project �ertificatio� P�g� (S�ction Q0102). � c. Change Orders (Not attached to this agreement). There are nv other Gantract Doc�ments. The Contract Dacuments may only b�e amended, � rt�odified, or supplemented as prc�vided ir� Ger��ral Conditions. 'i 3. All materials used by the Contractor ir� the Project must be of the quality r�quir�d by the j� Contra�t Documents and must be ir�stalled in accardance wifh the Gontr�ct E��cumen#s. ; '�� 4. The Contractor must rem�u� army rr�a��i�ls rejected by the City as defective or imprc�per, or ,I� any of �aid wark condemned as u�s�itabl� or def��tive, and the same mu�t bs re�laced or ��II, redane ta the satisfaction o�the City at the so�e �ost and expense of the C�ntra�tcsr. i 5. Five percent (5%) of the Cc�r��ra�t pri�� vvili be retained by the City for a peri�d ��#hirty (30) � days af�er final completion a�d acceptan�e of the P�oj�ct by the �ity Gou�cil tc��ay any claim I by any party that may be fiBed far labor and r�aterials done and furnished in cc�n�e�tion with �' the performance o�F this Cantract and fc�r a langer period if such claims are nc��jus�ed within ' that thirty (30) day periad, as pre�vided in lowa C�de Chapter 573 or lowa C��fe Chapter 26. ' The Gity will also retain addition�l �ums to pro�ec� its�ff against�ny claim th��has been fil�d � against it for damages to persans or property�rising thraugh the prosecution csf the wc�rk and � such sums will be held by the Ci4y until sw�ch clairr�s hav� been settle�, adjudicated or atherwise disposed ofi. 6. The Contra�tar has rea� �nd understa�ds fh� C�ntract Dacuments herein ref�rr�d tc� and �grees nat tc� plead misunderstandir�g ar de�eptdc�n related t� estirnat�s o# quantity, characfier, loc�tion e�r other car�d�tic�ns foc the Praj�ct. 7. In addifiian to any warranty prouided for in the sp�cifications, the �ontractQr rnu�t al��a fix�ny other defect in any par� rafi�he Pcaj�c�, e�ren �f the Project has been accepted and fully paid for by the City. The �ontractar's mair�ter�ance bond will be security for a peri�ad of two years after the is�uance of the Certificate of S�bstantiai Compl�tion. 8. The Gontractor must fiully complet� the Project under this Contract on ar bef�re the date indicated in the Construction Schedule �nd Ac�reed Cost of Delay Secti�n ofi the CQntract Do�uments. � I9 ��9 � �� sEcraaN aa�oo Page 3 of 6 �� 9. INDEMIVIF1CATiC�N FF20M THiRD PARTY CLAIMS. Ta the fuJlest�xtent permitted by law, Contractor shall defend, indemnify and hold harmless Ci�ty, its c��ers and employees, from � and against all claims, damages, losses and expenses cl��ned by third parties, but not including any claims, damages, losses or expenses of the �art�e� to this Gontract, including � but not limits�l tc�attorneys'fees, arising out of ar resultir�g fr��a ��rformance of this Contract, � provided that sucF� claim, damages, loss or expense is attributab��to b�dily injury, sickness, disease or death, ar injury to or destruction of property, includir�g Ic�ss of use resulting there � from, but oniy to the e�tent caused in whole or in part ��/ ne��ent acts or omissions of Contractor, or anyo�e directly or indirectly employed by��on�ra��c�r�r anyone for whose acts ;� Contractor may be liable, regardless of whether or not such claim, damage, Iass or expense ,� is causec[ in �art by a party indemnified hereunder. ;'� �� 10. The Contractor hereby represents ar�d guarantees that i� has na�#, �c�r �as any other persan � for or in its beh�lf, directly or �ndire�t9y, entered inta any arrang�m+�nt or Contract with any �� other Bidder, or wi�h ar�y public officer, whereby it has pa�d or �s tca pay any other Bidder or I,�� public officer any sc�m af mor�ey or any�hing of vaEue wha�ever in�rder to Qbtain this Contract; ,l and it has not, nar h�� another p�r�on f�r or in its beha�f dir�ctly �r indirectly, er�tered into i1 any Corttra�tor arrangement with any other person, f6rm, ccarp�rati�� ar association which � tends to or does less�r� or destray free competrtion in fihe au�+ard �of t�is C4ntraet and agrees j thafi in case it herea�ter be esta�bl�shed that such repres+�ntat�ons or guarantees, or any of �' them are false, it will forfeit and pay nat less than ten percent {1 C}°l�j�af the �ontract price but ! in no event less th�r� �2,000.00 (Twa Thousand Dollars) tc�t�r�: City. ' 11. The surety on the Bond furnished for this Contract must, i� addit�c�� t� all other provisions, ;� be obligated ta the ex�ent proveded f�r by lowa Code 573.fi r�iat��c� to this Contract, which i( provisions app�ly tc� said Bond. ' � 12. The Contrac�or agree�, and it� �and is surety therefQre, �� af�er the Cer�ificate of � Substantial Corr�plet�an h�s bee� issw�ed by the City, it will kee� an�l maintain the Project in ;{ good reparr fc�r a p�riod caf twca (2) year�. '� 13. The Project must be cc�r��tructed in strict accordance with the requirement�of the laws of the � State of fawa, and the United States, and ordinances c�f th�: ��ty r�f Dubuqu�, and in � accor�anc� with the Cantrac� Dac�ments. A. All applicabl� stand�rds, arders, or regulation� issued p�r��a��t t� the Clean Air Act of 1970 (42 U. S. C. 1958 (F-i) �t. s�q.) and the Fe�eral 11�1�lat�r P�llutiQn Act (33 U. S. C. 1368 et. seq.) as �mended, Execufiive CJrder 11738, a�d Envirc�nmental Prot�ction Agertcy reg�alatior�� (4Q �FR, Part 15). Contra�tor m�s� �+��p�y with Section 103 and 107 of the Coo��r�ct Wark Hoa�rs and Safety Standar�� A�� 40 IJ�� 327-330) and Department c�f L�brar Regulat��ns (29 CFR, Part 5). B. The City and the C��tractor agree t� c�mply with all �ar�visi�ns of the Davis-Bacon Federal Prevailie�g 1Nage Act, �f applicable, and rela��;c! labor requiremenfis and regulatiQns and th� Federal UVage �et�rminati�n for this Pr�aject. C. Equipment�ar prad�acts a�ath�ri�ed to be purchas�d with f�der�l funding awarded f�r this Contract must be Arnerdc�n-made ta th� maxim�rn extent fe�sib{e, in accordance with Public Law 103-121, aections 6Q6(a) and (b). D. The City of Dubuque i� �c��rdance with Title VI Qf th� �ivil l�i+�ht� Act of 1�64, 78 �tat. � 252, 42 U.a.C. 20QOd-200Qd-4 �nd Title 49, �ode of Federal Reg�lations, Departmenfi R � � n � '� , $ECT➢ON 0050Q Page 4 of 6 I of Transpartatian, Subtitle A, Office caf the Secretary, P'art 21, Nondiscrimination in � Federally assisted programs of the De�a�ment Qf Transportatian issued pursuant ta such Act, hereby notifies all bidders that it wili a�ffrmatively insure that in any contract entered into pursuant to this advertise��, minority business enterprises will be afforded full opportunity to submit bic�� n re�pQnse t4 this invitation and will not be ' discriminatsd against on the grounds af r��, �alor, national origin, sex, age, or disability � in consideration for an award. � � � C�NSENT �EC�EE !,� RELATlI�G �'4 THE �R�3►,IECT i ,, i� 14. ❑ TH1S CONTRACTOR!S PERFORMfNG ll�lC>F�,K F�F�THE CITY OF DUBUQUE RELATED TO ` THE WATER & RESQURCE RECCJVERY CE�TER 4t�T�iE SAN[TARY SEWER CflLLECTIUN SYSTEM. THEREFORE, �HE �C�NSE�iT DECREE AND THIS SECTION ARE � APPLICABLE. ' CITY CONTRACTOR , ;r w��THIS CUNTF�ACTOR IS NOT PERFORMING WC9RK FU�THE CITY OF DUBUQUE �I RELATED TO TFiE WAl`ER & RESt�URCE �E�{�VERY C��JTER OR THE SANITARY ;I SEWER CC3LLEGTION SYSTEM. THEf2EFt�RE THE CflNSE�1T C►ECREE AND TFiIS jr SECTION ARE NOT APPLICABLE. ��; � G �; The City has entered inta a Car�sent Decree in the c�s�:a�The Ll�ifed St�tes af America, and the State � of lowa v. The City of Dubuque, lowa, CiviE Actior� �l��ber Case 2.11-cv-01011-EMJ, Civil Action � Number 2008V�0041, DQJ Case Number 90-5-1-1-09��, United States District C�urt for the Norfihern ;� District c�f lowa. The pravisic,ns �f the Conserit aecree a�ply tr� and �re binding upon the City and its � officers, directors, employees, agents, servants, s�acces�ors, a�s�gr�s, and all persons, firms and � corpr�rations under contract with the City fio per�orrn th�abl��atica�s of the Gonsenfi Decree. � The City is required to provide a copy of the Cansent aecre�te� ar�y contractor or consultant retained ta � perform work required by the Consent Decree. A copy of the Cansent E�ecree is incfuded in the �c��tr�et aocurnents and can be viewed at � http:l/www.citvofdubuque.orq/DocumentCenterlH�amel�liew13173. A hard copy is av�ilable upon � request at the City's Engineerin� Department Qffice. '' The �ity must candifii�n any c�antract t� perform rrv�srk r��ir�d uncier the Cansent Decree upc�n performance �f the work in �onf�rmity with the provisi�ns��t�e Gonsent Decree. The �onsent Decr�e �Iso provides that untii five (�} ye�r� a�er th�terrnin�ti�n of the Consent Decree, the �ity must retain, and must instruct its ce�ntractors �nd ac�ents to preserve, all n�n-identical copi�s of all documents, repc�rts, data, r�cards, or oth�r infcarmatican �inciudirt� documenfis, records, or other information in el�ctronic form) in its or its ccantractors' or ager�ts' possession or�ontrol, or that come into its or its c�antract�rs' or agents' possession or contr�al, �� t��t rel�te in any manner ta the City'� performanee �f its obli�ati�ns under this Cons�nt D��re�, incl�ding �ny underlying research and �nalytical data. This information-retention period, up+�n requesfi by the �Inited State� or the State, the " City must provide capies of any docunnents, reports, �naly�ical d�ta, or�ther information required to be � maintaine+d under the Gc�nsent Decree. At the con�lusior� Af the infarmati�n-retention period, the �ity � u � � � ' " SE�TION tDfl5�3� � Page 5 Qf� ;� � must notify the United States and the State at least ninety (90) �ays priar to the destruction of aray � documents, records, ar o�her information s�b�ect ta such re uirements� and, u on re uest b the Unit�d � 1 q P q Y States ar the State, the Ci�y must deliver any such documents, reco�ds, oc ather information to the EPA � or IDNR. �; ��i CERTIFICATION �Y C(3NTRAC�"OR � ��, The undersigned, on behalf o�the Contractor, with full authca�it}/fa act an behalf of the Contra��o�-, ;� certifies to fihe City of Dubuq�e as fallows: �, �; 1. I have rec�iv�d a copy caf the Gonsent De�ree dn th� case of The United States �f '''� America, and tMe State of (owa v. The Cit�o c�f Dc�buque, lowa, Civil Action Numb�:r `i Case 2:11-cv-01011-EMJ, Civil Actia� �umber 2008VQQ041, DOJ Case I�umber 90- �! 5-1-1-Q9339, IJnited States Di��rict �e►u�t far tF�e Narthern District of Cowa. �ij ��% 2. A!I vvark pecfo�med wi61 be in confarmi�y with tMe pr�visions af the Cansent D�cree. ;� �I 3. A!6 dc�curn�r�ts report�, data, records, or atF�er ir�formation (ir�cBuding documents, i' records, or ath�r ir�forrr�ation in electrar�ie fc�rrn} �hat r�l�te in any manner to the '; per�corrna�ce af oblogat�ons under the Con�e�t Decree, incl�ading any underfying �� research ac�d anal�tical dat�, will be retained as req�ired by the Consent Decree. ;; '�i 4. Th� Cantr�ctor agrees to defer�d, indemnify, and hold h�rmless the City, its officers, li agents, or e�plc,y�es fram and aga�nst any cl�i�s, including penalties, ce�sts ar�d !� fees as pravid�d in the Consent Decree, rela�ing ta or arisir�g out af the Contractor's � �ailur� to cornply vo�ath the Gonsent Decr�e. ;I I CONTF�ACTOI�. � I,� � � q� � contractor �� I �, By: N/LL '! Signature � �� Pri-�Name � � �� - � Titie aat� � A��- � � � � � � � 1 1� I� � � j � f �17 II " sEci-saN oo5ao � Page 6 of 6 � !j � TIiE GITY AGFtEES: II , 15. Upon the completion of the Contract, and the acceptance caf the Project by the City Council, � and sub�ect to the requirements of law, the City agrees to payo the Contractor as full !�i compensation for the complet� performance of this Contr�ct, the amount determined for ;� the tatal work completed at#he �rice(s} s�ated in the Contractor°s Bid Proposal and iess � any Agre�d �ast e�f Dei�y provided for in the Contract Documents. �; f' CONTRACT AMC�UNT $ 52,424.10 � � i G � �CITY OF Dll6UQUE, IOV11A: � � City Mana�er's�ffiee �i Department �� i �y. - I Signature �+ �j " Michael C. Van NIi1li�en �; Printed Name �� h City Mana�er ;i TitBe � � �I E3ate � I� I' i� �o�TRA�T�R: Drew Coak&Se�ns Excavatin��o.Ir7c. Cantractor ' �y:.�r�r.;� ��. signature ��,�� Printed Name �� S�� Titie �--� �-Q�-�.�� Date ___= END Q►F �E�TIIO►N Q05Q0 --== h � � � � ' SECTION OQ6Q0 ' BOND # SY94507 ' Page 1 of 4 � � PERFORMAf�CE, P'A,YMENT AND MAlNTE�IAMCE BOND y SE�TION 00600 �� KIVOW ALL BY THESE PRESENTS: � � That we, Drew Cook & Sons Excavatinq Co. I�c. as Principal (hereinafter the "Contractor" or � "Principal"}and TMT Tn�iiran�.P (�nmr�a�, , �s Surety are held and firmiy ba�and unta the City i of Dubuque, lowa, as Obligee (her�in�fter referred ta as "Owner"), and to ali persons wha may be � injured by any breach of any o� the canditic�ns e�f this Bo�d in the pena! sum of � �'<<''Fif tv-two thousand f our hundred twentv and 10f 100%�-', dOII�T'S (�52,420.10), �i� lawful maney af the United St�tes,for the payment of which sum, well �nd truly to be made,w� bind ;; ourselves, our heirs, legal representatives ar�d assigns,jointly or severally, firm�y by these presents. I i The conditions af the above obligations are�uch th�t whereas said Contractor entered into a contract � with the Owner, bearing dafie the 11th day of�, 2Q1�, (hereinafter the "Cantract"} whereir� said ';� Gontractc�r undertakes and agrees to constr�act the fallawing project in accordance with the Contract " C�acuments, and ta faithfully per�orm all the terms and requirements of said Contract within the time ,� therein specified, ir� a goad and workmar�like r��nner, �nd in accordance with the Contract ; Dacumer�ts. The Gontraet Documents�ar Thorna� Place Ret�ining VIda11 �epair Praject detail the �� following describ�d improvem�nts: !'; ';i !i 1'he project inclu�les th� repair 12 fe�t of exi�tir�g lim��te�ne r�tain�ng v+�al� & i r�pl�cerr'ent of 92 f�et af e��s#wng cet�ining voiall �neith a reinforced co�crete wal�. l'he �. Ci�y will supply the stone fa�the IEr�test�an� w�ll r�pair. The proj��t also i�clu�� 2Q L.F "' � of steel VV-Beam �guardrait with�rrood pa�ts, 92 fe�t of chain link fence �r�d 71.6 SF of i 5" HNtA pavement fcar the str�et repair. N �� It i� e�pressly understaod and �greed b�the Cor�tr�ctor ar�d Surefiy in this Bond that the foll�wing '' prcavisians are a part of this B�nd and a�e b�nding upon �aid Contractar and �ur�fiy, to-wit: � � 1. PERFORMA�I�E: Th��ontra�tor shall well and fiaithfuBly observe, perform,fulfill, and abid� i by each and every coven�nt, �c�nditior�, and p�rt of said Gorttract and Cc►ntract Docum�nts, � by referenc� m�de a part h�r�caf, for th� pre��ect, and shall indemnify and s�ve harml�ss fihe Qwner from all autlay and exper�se io�curred by the CDwner by r�ascan Qf th� Contr�ct�r's def�ult of failure to perfQrm as required. The �ontractor sh�ll als� b� responsible for the default or failur� to perf�rm as r�q�aired und�r th� Cantract an� Contr�ct �ocument� by all ifis subconfiractors, suppliers, agents, or�mployees furr�ishing materials or providing I�bor in the performance of the Cantra�t. ° 2. F'AYMENT: The �C�nfira�tcar and th� aurety on this Bond hereby�agreed to pay all just�I�ims submitted by persons, firms, s�bcontractors, �nd corporations furnishing materials for �r perForming labor in the �aerforman�� of th� Con�ract on �ccount �f which tMis Sond is given, including but not limited t� cE�ims for all amo�ar�ts due for labor, mate�ials, lubricants, Qil, g�soline, repairs on machin�ry, equipment, �nd tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out cafi the pcartiQn Qf fihe confiract � � � , � SECTIO►N 00600 ' Page 2 of 4 price the 4wner is r�quired to refain until completion of the impro�rernent, but the Contractor and Surety shall not be liable ta�aid persons, firms, or corpQrations unless the claims of said _ claimants against said portior� af the contract price shall have been es�ablished as pravided by law. The Contractar and Surety hereby bind themseives to tf�e obligations and canditions set forth in Chapter 573 of the lowa Code, which by this reference is made a part hereof as tho�gh fully set out hereen. I 3. MAIf�TENAf�CE: Th� Contra�tor and the Surety on this 8r�nd here�y agree, at their awn � expense: �� A. To remedy any and all defects that may develop in or result f�om work to be perFormed under th� Ccrntract Docurnents within the period of #wo (2} year(s} fram the date of � acceptance of the vvork �ander the Contract, by reas�an of def�cts in v,rorkmanship, equipment installede o� m�terials used in constructie,n of said wQrk; I � i; B. Ta keep alf wQrk in r.ccantin�o�as go�d repair; and f �'' C_ To pay the Ow�er's �e��an�ble co�ts of monitaring and inspectis�n to �ssure that any �� defects are rerned�ed, and tQ repay the Owner all outla� and ex�ens� ir�curred as a � � result of �or�tr�ctor'� and S�rety's failure to remedy any clefec� as requ�red by this � section. �� ; I� Contractor's and Sc�r�ty's Cc�ntcact h�rein made extends to defe�ts i� vriorkmanship or j materials not disea�eered ar kr�c�v�✓r� tc� the Qwner at fhe time such work was accepted. � �j 4. GENERAL: Every� S�rety c�� thds �and shall be deemed and held bo�nd, ar�y cantract to the ; contrary notwithstanding, ta the followong pravisiar�s: j 1 A. To cansent wi�he��t notdce to ar�y ext�nsion of time �uthr��ize� in appraved change � orders to�he ��ntractoc in v�rh�ch 4ea peofc�rm the Contra�t; ' B. To conser�t wifhou� n�tAce ta any change in the Co�tract or �c�r�tract Qocum�nts, authorized in apprav�d chang� orders wrhich ther�by increases the to�al cor�tract price and the penal sum of fihis�ar�d, prc�vided that all such�har�g��dc�nc��, in the�ggr�gate, invnlve ar� incre�� af rr�ore th�n tw�nty percent (20%) of the t�tal �arttr�ct price, and that this Bc�r�d shall then be releas�d as to such excess ir�cr�:�se; G. T� con��ent vvitha�t �otsc� that this B�nd sh�ll remain in full fQrce ar�d �ffe�t until fihe Contract is cornpBefed, whe�her completed within the sp�cifed cc►ntr��fi p�riod, wifihin an e�:er�sion ther�af, c�r vvithin a peri�d of time after th� cantra�t periad has el�psed and the liq��d�t�d damag� penalty is being charged �g�in�t the C�ntr�c�or. s � ; � i tl � . ` SEGTION 00640 ° , Page 3 of 4 e ',�The Gontractor and every Surety on the Bond sha!! be deemed and held bound, any contract to the � contrary notwithstanding, to the following provisions: ! D. That no pravision of this Band or of any o�her �contr�ct shafl be valid that limits to less ; than five (5) years after the aceeptance of the work under fhe Contract the right to sue I� �� on this Bond. ; E. That as used herein, the phrase"aIl outlay and expense" is not ta be limited in any way, � buf shall include the actual and reasonable eosts and expenses incurred by the Owner � including interest, benefits, and Qverhead ver�ere applicable. Accordingly, "all outl�y and ';' expense" would include but not be limited to all contr�ct or employee expense, all ,�, equipment usage or rental, materials,testing,autside experts, attarney's fees(including ;I overhead expenses of the Owner's staff atto�eys), ar�d �II casts and expenses of !� litigation as they are incurred by fhe (�wner. !t is ir�te�ded th� Contractor and Surety j; wilf defend and indemnify fihe (Jvtirner on a3� �I�ims made against the Owner on account : af Gontractor's fiailure to perfiorm as req�ired in the Gontract and Contract Documents, '� that all agreements and promis�es s�t fort� in the Contract artd Contract Documents, in ;� �pproved change orders, and in this BQnd will be fulfial�d, �nd thafi the Owner will be �� fully indemnified so that it will be put inta the positic�n it would have been in had the , Contract been pert�rmed in the first ins#ance a� reqc�ered. '; In the event the (Jwner incurs any "autlay and expense" i� defend�ng it�elf against any claim as ta I�'�; which the Contractor or S�rety �hould have provi��ed the defense, or in the �nforcement of the y promises given by the Cantractor in the Contract, Contrac�6�a�camer�#s, or approved change orders, ��J or in the enfarcement of the promises given by t�e Contrac�or �nd Surety in this �ond, the ' Contr�ctar and Surety agree that they will make the C3wner whol� for all su�h o�tlay and expense, � provided that th� Surety's obligatian under thi� Bcand s�a11 not exceed ar�e hundred twenty-five � percent (125%) of the pen�l sum of this Bond. � I� In the evenfi that any a�tions or proceedings �re initiatec� r�garddr�g th�� Bond, tMe parties agree that h the venue thereof shall be Dubuque County, State of l�awa. I� I�gai acti�r� i� required by the Qwner � fio enforc� the provisions of this Bond ar ta collect the mar��a�y c►bligation in�urring to the benefit �f �d the Owner, the Contractor and the Surefiy agr�e, jointly, ar�d sever�ldy, to pay the Owner aEl outlay � and exper�se incurred therefar by the Ow�er. All r��hts, p�wer�, and remedies of fihe Owner hereunder shall be cumulafiive and r�at alternativ� and s�all b� ir� addifiion tca all righfis, powers, �nd � remedies given tc� the 4wner, by law. The Q�rrner ma�e pro�eed a�ainsfi surety for any amount , guaranteed hereunder whether action is brought �gainst ��e Cor�tractor or whether ConfiractQr is joined in any such action(s) ar not. NOW THEREFQRE,the condition of this abligatic►n is such that if said Principal shall faithfuliy perfiorm � all the promises of th� Principal, as sefi farth and provided in th� C�antracfi, in th� Contract Dacuments, and in this Bond, then this oblig�tion sh�ll be null and v�a��#, c�ti�erwise it shall remain in fiull fcarce an� effect. When a work, term, or phrase is used in this Bond, i#shall be interpre�ed ar c�nstrued first as d�fiined Q in this Bond, the Contract, or the Contract Docum�nt�; secQr��, if nat �efiined in the Bond, Cantract, � or CQntract D�cuments, it shall be interpr�ted or construed as defned in applocable provisions of the � ,ti � � ,� . sEc-�ioN oasoa , " Page 4 of 4 � � lowa Code; third, if not defined in the lowa Code, it shall be interpreted or constru�d a�corc�ing to its �± generally accepted meaning in the canstruction ind�stry; and fourth, if it has no general�y acc�:pted '' meaning in the construction industry, it shall be interpret�d ar construed accarding to i�s cc�mmor� o� Ij customary usage. 1 � �; Failure to �pecify or p�rticularize shall nof exclude terms or provisions not mention�;d an� �ha�l rac�t ij limit liability hereunder. The Contract an� Cor�tract Dacumenf�are hereby mad� a �art�#this B��ad. !� �I P'roject No. 3001029 j ,� Witness our har�ds, in triplicat�, this 18th d�y c�f April , 2018- '; SURF,.��,l,G a�IGNED B`�: ��'� �'!;; .f�` FC)RM APRR D BY: '�; � _ eo �i . ,:-�-� _ . �i John E. Goodmann Representat� e for Owner �I`' Printed iVame a�Ager�t I� 2774 Universitv Ave SURE�°: ' ,, �; Company Address ` i Dubuque, IA 52001 � �.-� � � �' / ; City,Stafe,Zip Code � �I � 563-556-3232 � �ure orney-in-Faat E)tficer El Company Telephone Number � John E. Goodmann �i PRI�GIP'�L: �ranted Name of Attorney-in-Fact Officer I� { g� IMT Insurance Comnan� '' �,J�� Q 6�,�� aampany Narne � � � Gontractor �� P 0 Box 1336 ��) By: �C.� �...— Comp�ny Address j' Signature Des Moines, IA 50306 � ,�w � C�"� ( Gi�y,S�ate,Zbp Code I�� Printe Name � � 1-800-274-3531 �a Carrtpany Telephone Number � NUTE: � 1. All sign�tur�s or� this perf�c�r�n�nc�, p�}�m�r�t, ar�d m�intenanc� Bond rn�ast be �arig��al signatur�s in ink; c�pi��, f��s�mile, �►�electrc�r�i�signatur�s will nrat be �ccepted, 2. This Bcand must b� sealed with th� �urety's raised, embossing seaf. �, 3. Th� name and s�gnataare caf th� ��rety's Rttc�r�ey-in-Fa�t/Qfficer er�tered �r� t�is �on� � must be �xactly as listed �n the �e�tificat� oc Pcaw�r ofi Attorn�y accompanyin� this � f3ond. =_== END QF �E�TI�fJN pQ6ip0 ==-= � � �; i� P; r h G �!. ii & o rJ�r��nrJ�r�rJ�rS�PrJ�rJ��nrJ��nrJ�rJ�r�J�rJ��nrJ�rJ��Pr��PrJ�rJ�rJ�r��Pr�rJ�rnrJ��.r��.r�rJ��nrJ�rJ�rJ��nrJ�rJ�rJ"�rJ�rJ�rJ�rJ�rJ��PrJ�rJ�rJ��PrJ�rJ��PrJ�rJ��P�PrJ��P�P�PrJ�rJ�rJ�rJ�rJ��nr�rJ�rJ�rJ�rJ�rJ�rJ�rJ"��nrJ�rJ@nrJ�rJ�rJ� � 5 ,. � 5 � 5 5 � 5 IMT �NSURANCE 5 5 � 5 I 5 POWER OF ATTORNEY No. 9 4 5 0 9 5 5 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof.Please review carefully. 5 � Know All Persons By These Presents,that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa,and having ,7� 5 its principal office in the City of West Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents 5 5 make,constitute and appoint S 5 John E.Goodmann and Barton P.Brown 5 Sop Dubuque and State of Iowa its true and lawful Attorney-in-Fact,with full power and Se 5 authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,under- 5C 5 takings,recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the 5 5 amount of: S One Million Five Hundred Thousand and No/100($1,500,000.00)Dollars 5 S and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond ar undertaking was signed by the duly authorized SC 5 officers of IMT Insurance Company,and all such acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and 5 Sconfirmed. S 5 This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of 5 SDirectars of IMT Insurance Company on December 18,1998. S _ 5 ARTICLE VIII,SECTION 4.-The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and 5 �j to authorize them to execute on behalf of the Company,and attach thereto the Corporate Seal,bonds,undertakings,recognizances,con- 5 5ee tracts of indemniry or other obligatary writings,excluding insurance policies and endorsements. CJ � AIZTICLE VIII,SECTION 5.-The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power '��- 5 of Attarney authorizing the execution and delivery of any of the instruments described in Article VIII,Section 4 of the By-Laws. Such 5 5 facsimile signature and seal shall have the same force and effect as though manually affixed. 5 5 In Witness Whereof, IMT Insurance Company has caused these presents to be si��TF�d by its President and its corporate seal to � 5 be hereto affixed,Yhis S�h day of February � 201$ �'� �� =� 5 5 IMT Ins� raa�ce Co 'paqy;!, 5 5 �-�- �� ° 5 5 sean I�enneay Pre�7`�d� 5 �� 5 � WARNING: THIS POWER IS INVALID IF'NOT PRINTED WITH�R��ORDER AND RED LOGO. � 5 5 5 sTaTE oF lowa � SS: 5 CJ COUNTY OF POLK 5 5 On this Sth day of February 2018 ,before me appeared Richard Keith,to me personally known, �',�j 5 who being by me duly sworn did say that he is President of the IMT Insurance Company,the corporation described in the foregoing instrument, S �'j 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 rj 5 behalf of said Corporation by authority of its Board of Directars. S rj In Testimony Whereof,I have hereunto set my hand aud affixed my Official Seal at the City of West Des Ndoines,Iowa,the day and year S 5 first above written. 5 5 �"�a�. SE7H CARY �� 5 � co�r��ss�ary r�a. �a3s�� 5 MY. SSfON E?fP1AES Notary Public,Polk unty,Iowa 5 5 Jawp � p 5 CERTIFICATE 5 5 5 I,Dalene Holland,Secretar of the IMT Insurance Com an do hereb certif that the above and fore oin is a true and correct co of S Y P Y Y Y g g PY CJ CJ the POWER-OF-ATTOPNEY,executed by said the IMT Insurance Company,which is sti11 in force and effect. 5 5 In Witness Whereof, I have hereunto set my hand and affixed the Seal of the �oiitpariy on 1 8th day of S A,-,ri 1 , 2-C1�R 5 5 —_- 5 �.Q(z.Q�.its�. O�.Q � �-Q.�a�o� 5 5 5 5 � Dalene Ho�land,Sec�etary � � 5 SY 06 06(O1/07) 5 o ��r��n��n��.r��n��n�� o