Improvement Contract_Carrico Aquatic Resources for the Flora Pool Filter Tank & Recirculation Pump Replacement ProjectCity of Dubuque
City Council Meeting
Consent Items # 011.
Copyrighted
February 20, 2023
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUMMARY: Carrico Aquatic Resources for the Flora Pool Filter Tank & Recirculation
Pump Replacement Project.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description
Flora Pool Filter Tank & Recirculation Pump
Replacement Project
Type
Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
Flora Pool Filter Tank & Recirculation Pump Replacement Project
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 4th day of January, 2023 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Carrico Aquatic
Resources (Contractor).
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 Flora Pool
Filter Tank & Recirculation Pump Replacement Project (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out -of -State Contractor Bond (Section, 00610).
6. Other Bonds:
a. (Bond Name) (pages _ to _ , inclusive).
b. (Bond Name) (pages _ to _ , inclusive).
C. (Bond Name) (pages_ to _ , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2017 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2017 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10. Special Provisions included in the project Contract Document Manual.
11. Drawings —Sheet No. through No. (00 pages) or drawings consisting of
sheets bearing the following general title:
12.Addenda (numbers _ to _ , inclusive).
13. Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15. Site Condition Information (Section 00775).
16. Construction Schedule and Agreed Cost of Delay (Section 00800).
17. Erosion Control Certificate (Section 00900).
SECTION 00500
Page 2 of 6
18. Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 01100 - 00000).
20. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (00471)
ii.
21. The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will 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 by any party that may be filed 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 thirty (30) day period, as provided in Iowa Code Chapter 573 or
Iowa Code Chapter 26. The City will 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 will be held by the City until such claims have been
settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix
any other defect in any part of the Project, even if the Project has been accepted and fully
paid for by the City. The Contractor's maintenance bond will be security for a period of two
years after the issuance of the Certificate of Substantial Completion.
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
SECTION 00500
Page 3 of 6
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys' fees, arising out of or resulting from performance of this
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, including loss of
use resulting there from, but only to the extent caused in whole or in part by negligent acts
or omissions of Contractor, or anyone directly or indirectly employed by Contractor or
anyone for whose acts Contractor may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder.
10. 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 Contract 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 Contractor arrangement with any other person, firm, corporation or
association which tends to or does lessen or destroy free competition in the award 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 less than $2,000.00 (Two Thousand Dollars) to the
City.
11. The surety on the Bond furnished for this Contract must, 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.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of
the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. 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
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.
252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or
disability in consideration for an award.
SECTION 00500
Page 4 of 6
CONSENT DECREE
RELATING TO THE PROJECT
14❑ THIS CONTRACTOR S PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION
ARE APPLICABLE.
CITY CONTRACTOR
❑ THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the
State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the
Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City
and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms
and corporations under contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained
to perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at http://
www.cityofdubuque.ora/DocumentCenter/HomeNiew/3173. A hard copy is available upon request
at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non -identical copies
of all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come
into its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information -retention period, upon request by the United States or the State, the
City must provide copies of any documents, reports, analytical data, or other information required to
be maintained under the Consent Decree. At the conclusion of the information -retention period, the
City must notify the United States and the State at least ninety (90) Days prior to the destruction of any
documents, records, or other information subject to such requirements and, upon request by the
United States or the State, the City must deliver any such documents, records, or other information to
the EPA or IDNR.
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
I have received a copy of the Consent Decree in the case of The United States of
America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number
Case 2: 1 1-cv-01 011 -EMJ, Civil Action Number 2008V00041, DOJ Case Number
90-5-1-1-09339, United States District Court for the Northern District of Iowa.
SECTION 00500
Page 5 of 6
2. All work performed will be in conformity with the provisions of the Consent Decree.
3. All documents reports, data, records, or other information (including documents,
records, or other information in electronic form) that relate in any manner to the
performance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree.
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 227,400
CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
1�4 it
By. Sign ture���''
Michael C. Van Milligen
Printed Name
City Manager
Title
January 26, 2023
Date
CONTRACTOR:
Contrac r
S' na e
-g , /� oe, /-7
ted Name
Title
SECTION 00450
Page 1 of 1
BID BOND
SECTION 00450
We Carrico Aquatic Resources Inc
as Principal (Contractor), and
Auto Owners Insurance Company as Surety, are held and firmly
bound unto the City of Dubuque, Iowa (City), in the sum of $ 10% of Bid amount (10% of
(use numbers)
the Bid amount), for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
The condition of this obligation is such that whereas the Principal has submitted the
accompanying Bid, dated 9th day of December 20 22 for
Flora Swimming Pool in -""fora Park - fii ers (Project),
NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified
therein during the opening of same, or if no period specified, within thirty (30) days after said
opening, and must within the period specified therefore, if no period be specified, within ten (10)
days after date of City's Notice of Award, enter into a the Public Improvement Contract with the
City, in accordance with the Bid as accepted, and give Bond with good and sufficient surety or
sureties, as may be required for the faithful performance and proper fulfillment of such Contract,
then the above obligation shall be void and of no effect, otherwise to remain in full force.
The full amount of this Bid Bond will be forfeited to the City as an Agreed Cost of Delay in
the event that the Principal fails to execute the contract and provide the Bond as provided in the
Contract Documents or by law.
IN WITNESS WHEREOF, the above parties have executed this instrument under their
several seals this 23 day of November , 20 23 the name and
corporate seal of each corporate party being hereto affixed and duly signed by its undersigned
representative pursuant to authority of its governing body.
ZURNAINIM
SURETY:
Carrico A• r Inc Lyle J Miller
President
Attorney of Fact
Title
Title
(,
_111, 0 &,
Date
Date
_=== END OF SECTION 00450 ====
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' "9'n91
DATE AND ATTACH TO ORIGINAL BOND
AUTO -OWNERS (MUTUAL) INSURANCE COMPANY
LANSING, MICHIGAN
POWER OF ATTORNEY
NO. BD157375
KNOW ALL MEN BY THESE PRESENTS: That the AUTO -OWNERS (MUTUAL) INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan
Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on
January 27, 1971, to wit:
"RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the 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. Signatures of officers and seal of Company imprinted on such powers of attorney by
facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee."
Does hereby constitute and appoint LYLE J MILLER
its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts
of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shall be as binding upon the AUTO -OWNERS (MUTUAL)
INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by
its regularly elected officers at its principal office.
IN WITNESS WHEREOF, the AUTO -OWNERS (MUTUAL) INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its
authorized officer this 1 st day of February, 2020.
Andrea Lindemeyer Senior Vice President
STATE OF MICHIGAN
I,,.
COUNTY OF EATON J
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4jP iw,amwazic •.tn
On this 1 st day of February, 2020, before me personally came Andrea Lindemeyer, to me known, who being duly sworn, did depose
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and say that they are Andrea Lindemeyer, Senior Vice President of AUTO -OWNERS (MUTUAL) INSURANCE COMPANY, the corporation
described in and which executed the above instrument, that they know the seal of said corporation, that the seal affixed to said instrument is
N'•. `°" " 2
such Corporate Seal,and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution
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of the Board of Directors of said corporation.
O
My commission expires July 16th 2025 KS/�/tD�itiLt i (,
Sandra M. Jones
Notary Public
STATE OF MICHIGAN }ss.
COUNTY OF EATON JJ
I, the undersigned First Vice President, Secretary and General Counsel of AUTO -OWNERS (MUTUAL) INSURANCE COMPANY, do hereby certify that the
authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and
the resolution as set forth is now in force.
Signed and sealed at Lansing, Michigan. Dated this 23rd day of November 2022 ��NERS 1. .
9 9, 9 Y p ..............
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s Q'• CORPORATE i m
�•, SEAL;°
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William F. Woodbury, First Vice Pr ident, Secretary and General Counsel
2941 (10-17) Print Date: 11/23/2022 Print Time: 01:36:16 PM