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Contract/Bond_Commercial Flooring for GRC Exhibit Hall Carpert Copyrighted September 3, 2019 City of Dubuque Consent Items # 29. ITEM TITLE: ImprovementContracts / Performance, Paymentand Maintenance Bonds SUMMARY: Commercial Flooring Company (2)forthe Grand River Center meeting rooms and Exhibit Hall carpet replacement; Eastern lowa Excavating & Concrete, LLC for the Storm Sewer Construction Chavenelle Road - First Supply 2019 Project; River City Paving for the Dubuque Montessori Parking LotAsphalt Paving Project; Sealmaster Foam d/b/a S& S Builders for the Dubuque Fire Headquarters ADA Ramp Replacement Project; Temperley Excavating, I nc. (2)for the Hillcrest and Rosemont Storm Reconstruction Project and City Sidewalk Replacements in various locations. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type ContracVBond Commercial Flooring Co. for GRC Supporting Documentation Meeting Rooms Carpet Replacement ContracVBond Commercial Flooring Co. for GRC Supporting Documentation Exhibit Hall Carpet Replacement ContracVBond Eastern IA E�avating for Chavenelle Supporting Documentation Rd./First Supply 2019 Storm Sewer ContracVBond River City Paving for Dubuque Supporting Documentation Montessori Parking LotAsphalt Paving Project ContracVBond SealMaster Foam for Fire Supporting Documentation Headquarters ADA Ramp ContracVBond Temperley Excavating, Inc. for HillcresURosemont Storm Reconstruction Supporting Documentation ContracVBond Temperley Excavating, Inc. for City Supporting Documentation Sidewalk Replacements Dubuque THE CITY OF � ��c..��o. .--" IW�AMeflca xY�i � T� p . � ' ' � �� 2007+2012�2Q 13 Masterpiece on the Mississipp�i 2oz��Zols ; �,I ;,; � a TO: Michaei C. Van kVlilli en Cit Mana er : �� J , Y 9 � � `�' �`�� FROM: Marie L. Ware, Leisure Services Manager� ;) � . p SUBJECT: Grand River Center Exhibit Ha{I Carpet Replacement Contracts CIP #360- '�; 2113 '�j DATE: August 8, 2019 �'1 „ � Attached are three copies of the improvement contract and performance bond for the Grand River Center Exhibit Ha(I Carpet Replacement Project. Commercial Flooring � Company is the contractor for the project. �� ;, , i They have been reviewed by Finance and the City Attorney's Office. � �' , ,�u�r��ta! a�#er Mi,ke signs the copi�s, pfease forw�rrl them ta the City Clerk for � p�oc�s�ing. � i � , J �I 6 � I� � Y V � � � d � � � � � � � � � � I � BID FORM 3 City of Dubuque, lowa '� Improvement Contract j� �� 1 THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference �;I purposes the 11th day of July, 2019, between the City of Dubuque, lowa, by its , City Manager, through authority conferred upon the City Manager by its City Council and �� Commercial Flooring Company of the City of Dubuque, lowa. � � 1 For and in consideration of the mutual covenants herein contained, the parties hereto !� agree as follows: II CONTRACTOR AGREES { 1. To furnish all material and equipment and to perform all labor necessary for the Grand River ,� Center Exhibit Hall Carpet Replacement Project (the Project). The Project shall be made � completed in strict accordance with the requirements of the laws of the State of lowa and !�� ordinances of the City of Dubuque relating to infrastructure improvements, and in accordance ;j with the Contract Document shall of which provisions and documents are each and all hereby Ij referred to and made a part of this Contract just as much as if the detail statements thereof were i,j repeated herein. E I, 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 �i" adopted by the City Council for the Project. I � 3. All materials used by the Contractor in the Project shall be the best of their several kinds and I�� 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. � a 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 lowa Code Chapter 573. The City shall also retain additional p 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 16 good any other defect in any part of the Project due to improper construction notwithstanding J, 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 6th, � 2019. � � 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City � and the Designer 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 !I resulting there from, but only to the extent caused in whole or in part by negligent acts or i 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. I� �j 10. The Project must be constructed in strict accordance with the requirements of the laws of the � State of lowa, and the United States, and ordinances of the City of Dubuque, and in accordance !I with the Contract Documents. All applicable standards, orders, or regulations issued pursuant to � the Clean Air Act of 1970 (42 U. S. C. 1958 (H)et. seq.) and the Federal Water Pollution Act(33 � U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection li Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the �f; Contract Work Hours and Safety Standards Act(40 USC 327-330) and Department of Labor II. Regulations (29 CFR, Part 5). � i� THE CITY AGREES: � Upon the completion of the Contract, and the acceptance of the Project by the City y Council, the City agrees to pay the Contractor as full compensation for the complete performance � of this Contract 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. � � k CONTRACT AMOUNT- BID 1 $ 118,875.00 � a � 17 s � 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 $100.00 'I (One Hundred Dollars) (Refer to Liquidated Damages Table)as liquidated damages to 'I� the City. � The surety on the bond furnished for this Contract, shall in addition to all other provisions, i� be obligated to the extent provided for by lowa Code§ 573.6, relating to this Contract, which I� provisions apply to said bond. I; �� The Contractor agrees, and its bond shall be surety therefore, that it will keep and Ili maintain the Project in good repair for a period of two years after acceptance of the same by the li City Council and its bond shall be security therefore. '�i �I , � CITY OF DIJBUQ �lOWA PRINCIPAL: � By: _�--, �'�- City anager Co r or ,{ By: h� S�nature � �� Title � i I CERTIFICATE OF CITY CLERK This is t tify that a tified cop f the above Contract has been filed in my office on � the �" 1 da , 2019. ; � Kevin F�i nstahl, City Clerk I � 18 Bond No.IAC589555 ► . _ � � CONTRACT FORM 4 � � CITY OF DUBUQUE, IOWA � fl PERFORMANCE, PAYMENT AND MAINTENANCE BOND ' WN ALL MEN BY THESE PRESENTS:That Commercial Flooring Company as Principal � KNO d (Contractor)and Merchants Bonding Company as Surety are held firmly bound unto the City of Qubuque, lowa (City), in the penal sum of$ 118,875.00 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 lowa,are I; intended to be protected and secured hereby for which payment we bind ourselves,our heirs,executors, '� successors and assigns,jaintly and severally by these presents. P '; Dated at Dubuque, lowa, this �atn day of July , 2019, and duly attested and �h' � sealed. �' . i WHEREAS, the said Contractor by a Contract July 11, 2019, incorporated herein by reference, has i agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed �j and furnished for the Grand River Center Exhibit Hall Carpet Replacement Project(the Project) I�I accarding to the Contract and Construction Documents prepared therefore. � i, ; � 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: 'I 1. RERFORMANCE BOND:The Contractor shall well and faithfully observe, perform,fulfill and i', abide by each and every covenant,condition and part of said Contract and Contract Dacuments, �� 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 i perfarm as required.The Contractor shall also be respansible 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. j i 2. PAYMENT BOND:The Contractor and the Surety shall pay all just claims submitted by persons, ffrms, 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, i squipment and tools, consumed or used by the Contractor or any subcontractor, wherein khe � same are not satisfied out of the portion of the contract price which the City is required to retain � until completion of the improvement, but the Contractor and Surety shall not be liable to said " persons,firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law.The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573, Code of lowa,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�esult from work to be performed under the Contract within the period of iwo{2)year(s)from the date of acceptance of the work under the Contract by the City Council of the City of Qubuque, lowa, 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 19 , . , � � are remedied, and to repay khe 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 Surefy's agreement herein made extends to defects in workmanship or materials not � discovered or known to the City at the fime 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 P said Project, to indemnify the said City for all damages, costs and expense incurred by reasan of damages to persons or property arising through the performance of said Contract, and will reimburse the ;; City fo�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 lowa, 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 Contractar or the Surety will �i� be released. The Contract, Contractor's Proposal,and Construction Documents shall be considered as a part �! of this Bond just as if fheir terms were repeated herein. Dated:at Dubu ue I wa h' �atn �ui 'i q , a t is day of v , 2019. , �; � � CITY QF DUBUQ IOWA PRINCIPAL: �� y � By; Commercial Flooring Company � City anager Contractar gy; -ti-, ,; Signatyre:-�� j —�„-- � ,': Title SUREiY: Merchants Bonding Company Surety Company By: Signature Attornev-in-Fact Title 600 Star Brewery Drive Ste 110, Dubuque,IA 52001 Gty, State, Zip Code 563-556-5441 Telephone Kim Hess Attorney In-Fact 20 , _ � � ��._�.1�.�;:��:�,.�T� �� f W'�R �..� .4 TA� ' POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., II both being corporations of the State of lowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, �� Kim Hess '�j I! their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, !� contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity � of persons, guaranteeing the pertormance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any � actions or proceedings allowed by law. �� This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board I of Directors of Merchants Bonding Company (Mutuai) on Aprii 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors I of MerchantsNational Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President 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 �I undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.° ii "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 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 connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the 'i Attorney-in-Fact includes any and all consents for the release of retained percentages and/or fnal estimates on engineerin� and construction ' contracts required by the State of Florida Department of Transportation. It is fully understood tha# consenti ng to the State of Florida Department �; of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Deparkment of Highways only,it is agreed that the power and authority hereby given � to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- i Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. �; li In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 18th day of July , 2019 • ' +d1��1I1�11 ♦��e..s�y+ i �.`'^�10Nq "� ,•��1��7�"�« I �'^i�,P"�P'�R��O�. *.�"�� (j�y .�',�r•, MERCHANTS BONDING COMPANY(MUTUAL) �'�y;�GO '9J:•.,.�� + 'f�,,,,,.'��M MERCHANT NATIONAL BONDING,INC. 2:2 _0 a:d .�-.:""�' -o- �;�. ' r � ��,�<��'�� 'Q:� �Z: w'�:: :v'•. 2003 :,;�, :,�,�;y'. '��33 .�« gy � f��.. .... ' �`�'Yi i�Y��'*" • �•��f I� .. @ ��.+�•�..�..�.�''�� .�,� �t� �'"�� President I I STATE OF IOWA ��'"n••�"`�' �`''+o�M w � COUNTY OF DALLAS ss. � On this this 18th day of July , 2019 before me appeared Larry Taylor, to me personally known, who being by me duly sworn � did say that he is President of MERGHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the � seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. y� #��A�� ALI�IA�.��AM I � ` � Cat��nissio«N�,t�ber 7�743� � �'-�: f�y C�mmis�i�n�xpires � �_ � � ,�,�' A�sri1�;2��4 � Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which 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 Companies on this 18th day of July , 2019 . ��.,.�.�.,. .• - •. ��o'p��0 NqC''••,. .•�a'��`,C��l!'* h�`o�pU�;'� 6'p:. .•��:a��Q��.'t`9�: r�` . E. 'G � >' 2: : �'ts .�:�...e.« � .� .�.,.��. Z�'4' -o- v flt «r-�."� -o- rr*; � ,�" ,�.•= .z. � � v? 2003 „�� '� 1�� :'C' Secretary : �`, "��''' �.(fi�•� •••��,`r r�`y�,�.� ...••�„t,"�i�rs •�� ' �Vl C•1` ii •,�fID��{��' 4�:�Y«��.► POA 0018 (3/17) � �