Award Construction Contract - Tamarack Sanitary Sewer Extension Project (Project ID: 5581500001)City of Dubuque
City Council Meeting
Action Items # 06.
Copyrighted
June 17, 2024
ITEM TITLE: Award Construction Contract - Tamarack Sanitary Sewer Extension
Project (Project ID: 5581500001)
SUMMARY: City Manager recommending City Council Award the construction
contract for the Tamarack Sanitary Sewer Extension Project construction
contract, pending Iowa Financing Authority (IAF) approval, through the
adoption of the enclosed resolution, to Boomerang Corp. of Anamosa,
Iowa, in the amount of $675,319.50.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
Staff Memo
Resolution
Bid Tab
Contract Award Form
RESOLUTION Awarding Public Improvement Construction Contract for
the Tamarack Sanitary Sewer Extension Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Letter of Award Recommendation
Type
City Manager Memo
Staff Memo
Resolutions
Supporting Documentation
Supporting Documentation
Supporting Documentation
THE C
Dubuque
DUj!BQTE
WAWca 914
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Award Construction Contract - Tamarack Sanitary Sewer Extension
Project (Project ID: 5581500001)
DATE: June 11, 2024
City Engineer Gus Psihoyos is recommending City Council Award the construction
contract for the Tamarack Sanitary Sewer Extension Project construction contract,
pending Iowa Financing Authority (IAF) approval, through the adoption of the enclosed
resolution, to Boomerang Corp. of Anamosa, Iowa, in the amount of $675,319.50.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Jenny Larson, Chief Financial Officer
Deron Muehring, Water & Resource Recovery Center Director
Bob Schiesl, PE, Assistant City Engineer
Max O'Brien, PE Civil Engineer
Todd Irwin, Engineering Technician
THE CITYF
DUijB- EE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: June 10, 2024
Dubuque
AII•Ameriea City
-1x_II.
2007-2012-2013
2017*2019
SUBJECT: Award Construction Contract - Tamarack Sanitary Sewer Extension
Project (Project ID: 5581500001)
INTRODUCTION
This memorandum requests the City Council award the Tamarack Sanitary Sewer
Extension Project construction contract pending Iowa Financing Authority (IAF)
approval.
BACKGROUND
In 1998 the City began to extend sanitary sewer along Granger Creek, for the Dubuque
Technology Park development. The Granger Creek Interceptor Sewer (GCIS)
extension consisted of the Granger Creek Pump Station and approximately 17,600 LF
of both 20 inch and 18" diameter pipe. In 2015, the City extended the interceptor sewer,
continuing along Granger Creek and U.S. Highway 151/61, to the Dubuque Regional
Airport. The GCIS extension increased the sanitary Sewer Shed 4 to approximately
6,300 acres.
Since the GCIS and the extension to the Dubuque Regional Airport has been
completed, several adjacent areas in or near Key West have connected to the City's
sewer system, such as Table Mound Mobile Home Park, Kerrigan Heights Subdivision,
Truck Country, a portion of Twin Ridge Subdivision, and Silver Oaks Subdivision.
Tamarack Business Park and the City's Crossroads Industrial Park, along with other
adjacent parcels, are also able to be served by GCIS.
The City of Dubuque submitted a facility plan, based on the results of an intensive
evaluation of the existing interceptor collection and pumping systems that convey
sewage to the Water Resource Recovery Center (WRRC), to Iowa Department of
Natural Resources (IDNR), in September of 2021. The facility plan identified three
improvement projects related to the Granger Creek Interceptor Sewer System: Granger
Creek Lift Station Capacity Improvements, Twin Ridge Sanitary Sewer Extension and
lagoon abandonment and the Tamarack Sanitary Sewer Extension.
The Tamarack Sanitary Sewer Extension Project will extend sanitary sewer service to
the existing unsewered commercial development, Tamarack Business Park, and
provide future sanitary sewer service opportunities for the Crossroads Industrial Park
area along with adjacent developed and undeveloped areas to the west.
DISCUSSION
On June 6, 2024, the City received ten bids for the Tamarack Sanitary Sewer Extension
Project. The attached bid tabulation sheet summarizes the bids received by the City.
The low bid was received from Boomerang Corp. of Anamosa, Iowa, in the amount of
$675,319.50 which is 13.01 % below the Engineer's estimate of $776,358.25.
The execution of the Contract may be delayed pending approval from the Iowa
Financing Authority (IAF).
RECOMMENDATION
I recommend that the City Council award the construction contract, for the Tamarack
Sanitary Sewer Extension Project, to Boomerang Corp. pending Iowa Financing
Authority (IAF) approval.
BUDGETIMPACT
The awarded cost for the Twin Ridge Sanitary Sewer Extension and Lagoon
Abandonment Project is summarized as follows and is one of three projects to be
included in a single State Revolving Loan Fund (SRF) loan being utilized to fund the
projects. The Twin Ridge Sanitary Sewer Ext and Lagoon Abandonment Project and
the Granger Creek Lift Station Improvements Project are presented under separate
memos:
Description
Estimate
Planning & Design
$
56,650.00
Construction
$
675,319.50
Contract Admin / Construction Engineering
$
50,000.00
Contingency
$
73,472.39
City Staff & Legal
$
9,404.39
0.5% SRF Loan Origination Fees
$
5,153.00
Total Project Cost
$
869,999.28
The SRF loan is being funded through multiple Fiscal Year appropriations as detailed
below:
Tamarack Sanitary Sewer Extension Project Funding
FY 22
5581500001
Sanitary Sewer Extensions to Existing
$ 233,500.00
Developments
FY 23
5581500001
Sanitary Sewer Extensions to Existing
$ 339,700.00
Developments
FY 24
5581500001
Sanitary Sewer Extensions to Existing
$ 404,200.00
Developments
Total SRF Project Funding
$ 977,400.00
ACTION TO BE TAKEN
I respectfully request that the City Council Award the construction contract for the
Tamarack Sanitary Sewer Extension Project construction contract, pending Iowa
Financing Authority (IAF) approval, through the adoption of the enclosed resolution, to
Boomerang Corp. of Anamosa, Iowa, in the amount of $675,319.50.
Prepared by Todd Irwin, Engineering Technician
cc: Jenny Larson, Chief Financial Officer
Deron Muehring, Water & Resource Recovery Center Director
Bob Schiesl, PE, Assistant City Engineer
Max O'Brien, PE Civil Engineer
Todd Irwin, Engineering Technician
3
Prepared by Todd Irwin My of Dubuque Enqineer€nq. 50 W. 131h St. Dubuque, IA 52009 563 589-4270
Return to Adrienne N. 8reitfoldor City Clerk City of Dubuque, 50 W. 13`h St, Dubuque, IA 52001 (563)589-4100
RESOLUTION NO. 203-24
AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE
TAMARACK SANITARY SEWER EXTENSION PROJECT
WHEREAS, sealed proposals have been submitted by contractors for the
Tamarack Sanitary Sewer Extension Project, (the Project) pursuant to Resolution No.
117-24 and Notice to Bidders published on the City of Dubuque, Iowa website and plan
room service with statewide circulation on the 8th day of May 2024; and
WHEREAS, said sealed proposal was opened and read on the 6th day of June
2024 and it has been determined that Boomerang Corp., of Anamosa, Iowa submitted
low bid in the amount of $675,319.50, and is the lowest responsive, responsible bidder
for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
SECTION 1. That a Public Improvement Construction Contract for the Project is
hereby awarded to Boomerang Corp. and the City Manager is hereby directed to execute
a Public Improvement Construction Contract on behalf of the City of Dubuque for the
Project, subject to the concurrence of the Iowa Financing Authority.
Passed, adopted, and approved this 17th day of June 2024.
rad M. a Niayor
Attest:
� 4,/"�"
"-
Adrienne N. Breitfelder, City Clerk
THE CITY OF
DUB E
Masterpiece on the Mississippi
City of Dubuque, Iowa
Bid Tabulation
Project Title:
Tamarack Sanitary Sewer Extension
Bid Date
Engineer's Estimate
9
Boomerang Cor
g P
Pirc-Tobin Construction, Inc.
Tem erle ExcavatingNR
P y ( )
To Grad Excavating Inc.
P g
McDermott Excavating
9
Dave Schmitt Construction Co. Inc.
SRF#CS192104901
6-Jun-24
LNO.
R
FRIA
UNIT
NATED
TOTAL PRICE
BPRICE
TOTAL PRICE
BID
PRICE
TOTAL PRICE
BIDTOTAL
TOTAL PRICE
BPRICE
TOTAL PRICE
BID
TOTAL PRICE
BID ITEM DESCRIPTION
NUMBER
QUANTITY
UNIT PRICE
UNI
UNIT
UNIT PRICE
UNIT PRICE
UNI
UNIT
Division 2010 - Earthwork, Subgrade, and Subbase
1
2010-108-C-0
Clearing and Grubbing C
1
LS
$ 3,500.00
$
3,500.00
$ 1,000.00
$
1,000.00
$ 10,000.00
$
10,000.00
$ 2,500.00
$
2,500.00
$ 1,000.00
$
1,000.00
$ 3,800.00
$
3,800.00
$ 1,786.00
$
1,786.00
2
2010-108-E-0
Excavation, Class 10
300
CY
$ 35.00
$
10,500.00
$ 20.00
$
6,000.00
$ 20.00
$
6,000.00
$ 10.00
$
3,000.00
$ 8.60
$
2,580.00
$ 22.00
$
6,600.00
$ 26.50
$
7,950.00
Sub Total
$
14,000.00
Sub Total
$
7,000.00
Sub Total
$
16,000.00
Sub Total
$
5,500.00
Sub Total
$
3,580.00
Sub Total
$
10,400.00
Sub Total
$
9,736.00
Division 3010 - Trench Excavation and Backfill
3
3010-108-B-0
Rock Excavation
100
CY
$ 90.00
$
9,000.00
$ 50.00
$
5,000.00
$ 100.00
$
10,000.00
$ 50.00
$
5,000.00
$ 64.50
$
6,450.00
$ 50.00
$
5,000.00
$ 66.40
$
6,640.00
4
3010-108-C-0
Trench Foundation - 3" Breaker Run, (Modified Macadam Pile)
100
TON
$ 40.00
$
4,000.00
$ 50.00
$
5,000.00
$ 25.50
$
2,550.00
$ 12.00
$
1,200.00
$ 19.00
$
1,900.00
$ 18.00
$
1,800.00
$ 19.40
$
1,940.00
5
3010-108-D-0
Replacement of Unsuitable Backfill Material, Gr 30, (Modified Subbase Pile)
100
TON
$ 18.50
$
1,850.00
$ 30.00
$
3,000.00
$ 17.50
$
1,750.00
$ 13.00
$
1,300.00
$ 20.00
$
2,000.00
$ 24.00
$
2,400.00
$ 19.20
$
1,920.00
6
3010-108-E-0
Special Pipe Embedment or Encasement
70
LF
$ 425.00
$
29,750.00
$ 400.00
$
28,000.00
$ 250.00
$
17,500.00
$ 290.00
$
20,300.00
$ 156.00
$
10,920.00
$ 160.00
$
11,200.00
$ 218.50
$
15,295.00
7
3010-108-F-0
Trench Compaction Testing
1
LS
$ 7,500.00
$
7,500.00
$ 1,000.00
$
1,000.00
$ 2,000.00
$
2,000.00
$ 5,000.00
$
5,000.00
$ 1,500.00
$
1,500.00
$ 4,000.00
$
4,000.00
$ 2,200.00
$
2,200.00
8
3010-108-G-0
Class I, Bedding Material, 1" Commercial Clean Stone
1250
TON
$ 18.50
$
23,125.00
$ 22.00
$
27,500.00
$ 18.00
$
22,500.00
$ 16.50
$
20,625.00
$ 28.50
$
35,625.00
$ 23.00
$
28,750.00
$ 22.30
$
27,875.00
Sub Total
$
75,225.00
Sub Total
$
69,500.00
Sub Total
$
56,300.00
Sub Total
$
53,425.00
Sub Total
$
58,395.00
Sub Total
$
53,150.00
Sub Total
$
55,870.00
Division 4010 - Sanitary Sewers
9
4010-108-A-1
Sanitary Sewer Gravity Main, Trenched, 15" PVC SDR26
1422
LF
$ 100.00
$
142,200.00
$ 90.00
$
127,980.00
$ 85.00
$
120,870.00
$ 145.00
$
206,190.00
$ 102.00
$
145,044.00
$ 80.00
$
113,760.00
$ 100.50
$
142,911.00
10
4010-108-B-2
Sanitary Sewer Gravity Main with Casing Pipe, Trenchless, 15" PVC SDR26
467
LF
$ 800.00
$
373,600.00
$ 626.00
$
292,342.00
$ 775.00
$
361,925.00
$ 645.00
$
301,215.00
$ 772.00
$
360,524.00
$ 800.00
$
373,600.00
$ 803.00
$
375,001.00
Sub Total
$
515,800.00
Sub Total
$
420,322.00
Sub Total
$
482,795.00
Sub Total
$
507,405.00
Sub Total
$
505,568.00
Sub Total
$
487,360.00
Sub Total
$
517,912.00
Division 4020 - Storm Sewers
11
4020-108-A-1
Storm Sewer Gravity Main, Trenched, 15" RCP
26
LF
$ 100.00
$
2,600.00
$ 90.00
$
2,340.00
$ 65.00
$
1,690.00
$ 150.00
$
3,900.00
$ 59.50
$
1,547.00
$ 139.00
$
3,614.00
$ 60.70
$
1,578.20
12
4020-108-D-0
Removal of Storm Sewer
26
LF
$ 25.00
$
650.00
$ 10.00
$
260.00
$ 8.00
$
208.00
$ 20.00
$
520.00
$ 3.10
$
80.60
$ 10.00
$
260.00
$ 46.00
$
1,196.00
Sub Total
$
3,250.00
Sub Total
$
2,600.00
Sub Total
$
1,898.00
Sub Total
$
4,420.00
Sub Total
$
1,627.60
Sub Total
$
3,874.00
Sub Total
$
2,774.20
Division 4040 - Subdrains and Footing Drain Collectors
13
4040-108-A-0
Subdrain, 6" Perforated
80
LF
$ 50.00
$
4,000.00
$ 16.00
$
1,280.00
$ 20.00
$
1,600.00
$ 20.00
$
1,600.00
$ 16.50
$
1,320.00
$ 21.50
$
1,720.00
$ 32.90
$
2,632.00
Sub Total
$
4,000.00
Sub Total
$
1,280.00
Sub Total
$
1,600.00
Sub Total
$
1,600.00
Sub Total
$
1,320.00
Sub Total
$
1,720.00
Sub Total
$
2,632.00
Division 6010 - Structures for Sanitary and Storm Sewers
14
6010-108-A-0
Manhole Type, 48" SW-301
75.13
VF
$ 725.00
$
54,469.25
$ 750.00
$
56,347.50
$ 675.00
$
50,712.75
$ 560.00
$
42,072.80
$ 728.00
$
54,694.64
$ 683.00
$
51,313.79
$ 799.50
$
60,066.44
15
6010-108-A-0
Manhole Type, 60" SW-301
12.92
VF
$ 950.00
$
12,274.00
$ 100.00
$
1,292.00
$ 875.00
$
11,305.00
$ 1,200.00
$
15,504.00
$ 1,211.00
$
15,646.12
$ 810.00
$
10,465.20
$ 1,816.00
$
23,462.72
16
6010-108-C-2
External Drop Connection
1
EA
$ 2,750.00
$
2,750.00
$ 10,000.00
$
10,000.00
$ 15,000.00
$
15,000.00
$ 17,565.00
$
17,565.00
$ 14,590.00
$
14,590.00
$ 14,465.00
$
14,465.00
$ 12,049.00
$
12,049.00
17
6010-108-H-1
Remove Manhole
1
EA
$ 1,500.00
$
1,500.00
$ 500.00
$
500.00
$ 1,250.00
$
1,250.00
$ 500.00
$
500.00
$ 1,724.00
$
1,724.00
$ 500.00
$
500.00
$ 1,966.00
$
1,966.00
Sub Total
$
70,993.25
Sub Total
$
68,139.50
Sub Total
$
78,267.75
Sub Total
$
75,641.80
Sub Total
$
86,654.76
Sub Total
$
76,743.99
Sub Total
$
97,544.16
Division 8030 - TemporaryTraffic Control
18
8030-108-A-0
Temporary Traffic Control
1
LS
$ 12,500.00
$
12,500.00
$ 5,800.00
$
5,800.00
$ 7,500.00
$
7,500.00
$ 5,800.00
$
5,800.00
$ 5,800.00
$
5,800.00
$ 6,100.00
$
6,100.00
$ 5,800.00
$
5,800.00
Sub Total
$
12,500.00
Sub Total
$
5,800.00
Sub Total
$
7,500.00
Sub Total
$
5,800.00
Sub Total
$
5,800.00
Sub Total
$
6,100.00
Sub Total
$
5,800.00
Division 9010 - Seeding
19
9010-108-B-0
Hydraulic - Seeding, Fertilizing, and Mulching, Type 2, by AC
2
AC
$ 4,500.00
$
9,000.00
$ 3,800.00
$
7,600.00
$ 3,575.00
$
7,150.00
$ 3,575.00
$
7,150.00
$ 3,575.00
$
7,150.00
$ 3,900.00
$
7,800.00
$ 3,575.00
$
7,150.00
Sub Total
$
9,000.00
Sub Total
$
7,600.00
Sub Total
$
7,150.00
Sub Total
$
7,150.00
Sub Total
$
7,150.00
Sub Total
$
7,800.00
Sub Total
$
7,150.00
Division 9040 - Erosion and Sediment Control
20
9040-108-A-2
Stormwater Pollution Prevention Plan (SWPPP) Management
1
LS
$ 3,500.00
$
3,500.00
$ 2,700.00
$
2,700.00
$ 2,500.00
$
2,500.00
$ 2,500.00
$
2,500.00
$ 2,500.00
$
2,500.00
$ 500.00
$
500.00
$ 2,500.00
$
2,500.00
21
9040-108-F-1
Wattles, Wood Fiber, 9"
1810
LF
$ 3.00
$
5,430.00
$ 3.50
$
6,335.00
$ 3.25
$
5,882.50
$ 3.25
$
5,882.50
$ 3.25
$
5,882.50
$ 3.50
$
6,335.00
$ 3.25
$
5,882.50
22
9040-108-F-2
Wattles, Removal
1810
LF
$ 1.00
$
1,810.00
$ 0.30
$
543.00
$ 0.20
$
362.00
$ 0.20
$
362.00
$ 0.20
$
362.00
$ 0.25
$
452.50
$ 0.20
$
362.00
23
9040-108-J-0
Rip Rap: Class B Revetment Stone
100
TON
$ 45.00
$
4,500.00
$ 50.00
$
5,000.00
$ 45.00
$
4,500.00
$ 19.00
$
1,900.00
$ 38.00
$
3,800.00
$ 26.00
$
2,600.00
$ 35.40
$
3,540.00
24
9040-108-J-0
Rip Rap: Class D Revetment Stone
350
TON
$ 40.00
$
14,000.00
$ 50.00
$
17,500.00
$ 45.00
$
15,750.00
$ 19.00
$
6,650.00
$ 38.00
$
13,300.00
$ 26.00
$
9,100.00
$ 34.50
$
12,075.00
25
9040-108-J-0
Rip Rap: Erosion Stone
30
TON
$ 35.00
$
1,050.00
$ 60.00
$
1,800.00
$ 50.00
$
1,500.00
$ 19.00
$
570.00
$ 38.50
$
1,155.00
$ 32.00
$
960.00
$ 35.70
$
1,071.00
26
9040-108-0-2
Stabilized Construction Entrance by Ton
90
TON
$ 20.00
$
1,800.00
$ 30.00
$
2,700.00
$ 25.00
$
2,250.00
$ 16.00
$
1,440.00
$ 25.50
$
2,295.00
$ 26.00
$
2,340.00
$ 33.20
$
2,988.00
Sub Total
$
32,090.00
Sub Total
$
36,578.00
Sub Total
$
32,744.50
Sub Total
$
19,304.50
Sub Total
$
29,294.50
Sub Total
$
22,287.50
Sub Total
$
28,418.50
Division 11,010 -Construction Survey
27
11010-108-A-0
Construction Survey
1
LS
$ 5,500.00
$
5,500.00
$ 4,500.00
$
4,500.00
$ 5,000.00
$
5,000.00
$ 4,500.00
$
4,500.00
$ 4,500.00
$
4,500.00
$ 6,500.00
$
6,500.00
$ 4,500.00
$
4,500.00
Sub Total
$
5,500.00
Sub Total
$
4,500.00
Sub Total
$
5,000.00
Sub Total
$
4,500.00
Sub Total
$
4,500.00
Sub Total
$
6,500.00
Sub Total
$
4,500.00
Division 11,020 - Mobilization
28
11020-108-A-0
Mobilization
1
LS
$ 25,000.00
$
25,000.00
$ 51,000.00
$
51,000.00
$ 25,000.00
$
25,000.00
$ 30,000.00
$
30,000.00
$ 24,420.00
$
24,420.00
$ 59,800.00
$
59,800.00
$ 11,951.00
$
11,951.00
Sub Total
$
25,000.00
Sub Total
$
51,000.00
Sub Total
$
25,000.00
Sub Total
$
30,000.00
Sub Total
$
24,420.00
Sub Total
$
59,800.00
Sub Total
$
11,951.00
Special Provisions - Non -Standard Project Items
29
SIP
Waterstop for Trenches
15
LF
$ 50.00
$
750.00
$ 10.00
$
150.00
$ 65.00
$
975.00
$ 290.00
$
4,350.00
$ 78.50
$
1,177.50
$ 120.00
$
1,800.00
$ 363.50
$
5,452.50
30
SIP
Groundwater Relief Outlet
3
EA
$ 2,500.00
$
7,500.00
$ 200.00
$
600.00
$ 500.00
$
1,500.00
$ 200.00
$
600.00
$ 640.00
$
1,920.00
$ 500.00
$
1,500.00
$ 423.00
$
1,269.00
31
SIP
Intake, 6 In. Dia. Hickenbottom
1
EA
$ 750.00
$
750.00
$ 250.00
$
250.00
$ 250.00
$
250.00
$ 200.00
$
200.00
$ 201.00
$
201.00
$ 200.00
$
200.00
$ 196.50
$
196.50
Sub Total
$
9,000.00
Sub Total
$
1,000.00
Sub Total
$
2,725.00
Sub Total
$
5,150.00
Sub Total
$
3,298.50
Sub Total
$
3,500.00
Sub Total
$
6,918.00
Total Bid Amount:
$
776,358.25
$
675,319.50
$
716,980.25
$
719,896.30
$
731,608.36
$
739,235.49
$
751,205.86
% Over / Under (-)
-13.01%
-7.65%
-7.27%
-5.76%
-4.78%
-3.24%
THE C1TY OF
DUB E
Masterpiece on the Mississippi
City of Dubuque, Iowa
Bid Tabulation
Project Title:
Tamarack Sanitary Sewer Extension
Bid Date
Tschiggfrie Excavating Co.
Portzen Construction
Eastern Iowa Excavating &
Connolly Construction
Inc.
SRF# CS192104901
6-Jun-24
Concrete, LLC
R NUMBERE
QUANTITY
UNIT
UNI BPRICE
TOTAL PRICE
UNI BPRICE
TOTAL PRICE
UNIT PRICE
TOTAL PRICE
UNIT PRICE
TOTAL PRICE
BID ITEM DESCRIPTION
Division 2010 - Earthwork, Subgrade, and Subbase
2010-108-C-0
Clearing and Grubbing C
1
LS
$ 2,500.00
$
2,500.00
$ 3,500.00
$
3,500.00
$ 9,800.00
$
9,800.00
$ 10,828.87
$
10,828.87
2010-108-E-0
Excavation, Class 10
300
CY
$ 15.00
$
4,500.00
$ 22.00
$
6,600.00
$ 30.75
$
9,225.00
$ 10.46
$
3,138.00
Sub Total
$
7,000.00
Sub Total
$
10,100.00
Sub Total
$
19,025.00
Sub Total
$
13,966.87
Division 3010 -Trench Excavation and Backfill
3010-108-B-0
Rock Excavation
100
CY
$ 25.00
$
2,500.00
$ 75.00
$
7,500.00
$ 120.25
$
12,025.00
$ 125.20
$
12,520.00
3010-108-C-0
Trench Foundation - 3" Breaker Run, (Modified Macadam Pile)
100
TON
$ 22.00
$
2,200.00
$ 28.00
$
2,800.00
$ 38.00
$
3,800.00
$ 20.00
$
2,000.00
3010-108-D-0
Replacement of Unsuitable Backfill Material, Gr 30, (Modified Subbase Pile)
100
TON
$ 22.00
$
2,200.00
$ 36.00
$
3,600.00
$ 38.00
$
3,800.00
$ 19.00
$
1,900.00
3010-108-E-0
Special Pipe Embedment or Encasement
70
LF
$ 90.00
$
6,300.00
$ 225.00
$
15,750.00
$ 189.00
$
13,230.00
$ 125.00
$
8,750.00
3010-108-F-0
Trench Compaction Testing
1
LS
$ 3,500.00
$
3,500.00
$ 3,500.00
$
3,500.00
$ 2,600.00
$
2,600.00
$ 4,400.00
$
4,400.00
3010-108-G-0
Class I, Bedding Material, 1" Commercial Clean Stone
1250
TON
$ 24.00
$
30,000.00
$ 25.00
$
31,250.00
$ 25.85
$
32,312.50
$ 21.50
$
26,875.00
Sub Total
$
46,700.00
Sub Total
$
64,400.00
Sub Total
$
67,767.50
Sub Total
$
56,445.00
Division 4010 - Sanitary Sewers
4010-108-A-1
Sanitary Sewer Gravity Main, Trenched, 15" PVC SDR26
1422
LF
$ 135.00
$
191,970.00
$ 134.00
$
190,548.00
$ 114.50
$
162,819.00
$ 178.00
$
253,116.00
4010-108-B-2
Sanitary Sewer Gravity Main with Casing Pipe, Trenchless, 15" PVC SDR26
467
LF
$ 870.00
$
406,290.00
$ 765.00
$
357,255.00
$ 786.85
$
367,458.95
$ 848.00
$
396,016.00
Sub Total
$
598,260.00
Sub Total
$
547,803.00
Sub Total
$
530,277.95
Sub Total
$
649,132.00
Division 4020 - Storm Sewers
4020-108-A-1
Storm Sewer Gravity Main, Trenched, 15" RCP
26
LF
$ 80.00
$
2,080.00
$ 115.00
$
2,990.00
$ 110.00
$
2,860.00
$ 103.00
$
2,678.00
4020-108-D-0
Removal of Storm Sewer
26
LF
$ 10.00
$
260.00
$ 20.00
$
520.00
$ 26.00
$
676.00
$ 27.50
$
715.00
Sub Total
$
2,340.00
Sub Total
$
3,510.00
Sub Total
$
3,536.00
Sub Total
$
3,393.00
Division 4040 - Subdrains and Footing Drain Collectors
4040-108-A-0
Subdrain, 6" Perforated
80
LF
$ 25.00
$
2,000.00
$ 22.00
$
1,760.00
$ 33.75
$
2,700.00
$ 24.50
$
1,960.00
Sub Total
$
2,000.00
Sub Total
$
1,760.00
Sub Total
$
2,700.00
Sub Total
$
1,960.00
Division 6010 - Structures for Sanitary and Storm Sewers
6010-108-A-0
Manhole Type,48" SW-301
75.13
VF
$ 775.00
$
58,225.75
$ 650.00
$
48,834.50
$ 1,025.00
$
77,008.25
$ 618.00
$
46,430.34
6010-108-A-0
Manhole Type,60" SW-301
12.92
VF
$ 875.00
$
11,305.00
$ 825.00
$
10,659.00
$ 1,100.00
$
14,212.00
$ 772.00
$
9,974.24
6010-108-C-2
External Drop Connection
1
EA
$ 10,500.00
$
10,500.00
$ 18,850.00
$
18,850.00
$ 18,250.00
$
18,250.00
$ 19,482.00
$
19,482.00
6010-108-H-1
Remove Manhole
1
EA
$ 1,000.00
$
1,000.00
$ 1,500.00
$
1,500.00
$ 1,325.00
$
1,325.00
$ 1,650.00
$
1,650.00
Sub Total
$
81,030.75
Sub Total
$
79,843.50
Sub Total
$
110,795.25
Sub Total
$
77,536.58
Division 8030 - TemporaryTraffic Control
8030-108-A-0
Temporary Traffic Control
1
LS
$ 7,000.00
$
7,000.00
$ 6,300.00
$
6,300.00
$ 6,500.00
$
6,500.00
$ 6,640.00
$
6,640.00
Sub Total
$
7,000.00
Sub Total
$
6,300.00
Sub Total
$
6,500.00
Sub Total
$
6,640.00
Division 9010 - Seeding
9010-108-B-0
Hydraulic - Seeding, Fertilizing, and Mulching, Type 2, by AC
2
AC
$ 4,500.00
$
9,000.00
$ 4,000.00
$
8,000.00
$ 6,500.00
$
13,000.00
$ 4,092.00
$
8,184.00
Sub Total
$
9,000.00
Sub Total
$
8,000.00
Sub Total
$
13,000.00
Sub Total
$
8,184.00
Division 9040 - Erosion and Sediment Control
9040-108-A-2
Stormwater Pollution Prevention Plan (SWPPP) Management
1
LS
$ 3,000.00
$
3,000.00
$ 2,750.00
$
2,750.00
$ 2,850.00
$
2,850.00
$ 3,275.00
$
3,275.00
9040-108-F-1
Wattles, Wood Fiber, 9"
1810
LF
$ 3.90
$
7,059.00
$ 3.60
$
6,516.00
$ 3.00
$
5,430.00
$ 3.75
$
6,787.50
9040-108-F-2
Wattles, Removal
1810
LF
$ 0.25
$
452.50
$ 0.25
$
452.50
$ 0.60
$
1,086.00
$ 0.25
$
452.50
9040-108-J-0
Rip Rap: Class B Revetment Stone
100
TON
$ 45.00
$
4,500.00
$ 45.00
$
4,500.00
$ 37.00
$
3,700.00
$ 39.00
$
3,900.00
9040-108-J-0
Rip Rap: Class D Revetment Stone
350
TON
$ 45.00
$
15,750.00
$ 38.00
$
13,300.00
$ 37.00
$
12,950.00
$ 38.00
$
13,300.00
9040-108-J-0
Rip Rap: Erosion Stone
30
TON
$ 40.00
$
1,200.00
$ 60.00
$
1,800.00
$ 37.00
$
1,110.00
$ 38.00
$
1,140.00
9040-108-0-2
Stabilized Construction Entrance by Ton
90
TON
$ 30.00
$
2,700.00
$ 26.00
$
2,340.00
$ 32.50
$
2,925.00
$ 34.30
$
3,087.00
Sub Total
$
34,661.50
Sub Total
$
31,658.50
Sub Total
$
30,051.00
Sub Total
$
31,942.00
Division 11,010 - Construction Survey
11010-108-A-0
Construction Survey
1
LS
$ 7,300.00
$
7,300.00
$ 5,000.00
$
5,000.00
$ 5,200.00
$
5,200.00
$ 6,870.00
$
6,870.00
Sub Total
$
7,300.00
Sub Total
$
5,000.00
Sub Total
$
5,200.00
Sub Total
$
6,870.00
Division 11,020 - Mobilization
11020-108-A-0
Mobilization
1
LS
$ 32,000.00
$
32,000.00
$ 70,000.00
$
70,000.00
$ 45,000.00
$
45,000.00
$ 47,600.00
$
47,600.00
Sub Total
$
32,000.00
Sub Total
$
70,000.00
Sub Total
$
45,000.00
Sub Total
$
47,600.00
Special Provisions - Non -Standard Project Items
SP
Waterstop for Trenches
15
LF
$ 75.00
$
1,125.00
$ 100.00
$
1,500.00
$ 70.00
$
1,050.00
$ 30.60
$
459.00
SP
Groundwater Relief Outlet
3
EA
$ 700.00
$
2,100.00
$ 225.00
$
675.00
$ 3,200.00
$
9,600.00
$ 632.00
$
1,896.00
SP
Intake, 6 In. Dia. Hickenbottom
1
EA
$ 500.00
$
500.00
$ 2,000.00
$
2,000.00
$ 425.00
$
425.00
$ 440.00
$
440.00
Sub Total
$
3,725.00
Sub Total
$
4,175.00
Sub Total
$
11,075.00
Sub Total
$
2,795.00
Total Bid Amount: $ 831,017.25 $ 832,550.00
% Over I Under (-) 7.04 % 7.24%
$ 844,927.70
8.83%
$ 906,464.45
16.76%
THE CrrY OF
DUB E
Masterpiece on the Mississippi
City of Dubuque, Iowa
Construction Contract Award
Project Title:
Award Date: 17-Jun-24
Tamarack Sanitary Sewer Extension
SRF# CS192104901
Contractor Name:
Boomerang Corp.
Address
13225 Circle Dr. Suite
A, PO Box 227
City, State, Zip
Anamosa, IA 52205
Contract
Award
LINE
NO.
REFERENCE
NUMBER
DESCRIPTION
PLAN
QUANTITY
UNIT
UNIT PRICE
TOTAL PRICE
Item
Division 2010 - Earthwork, Subgrade, and Subbase
Award
1
2010-108-C-0
Clearing and Grubbing C
1
LS
$ 1,000.00
$
1,000.00
Award
2
2010-108-E-0
Excavation, Class 10
300
CY
$ 20.00
$
6,000.00
Sub Total
$
7,000.00
Division 3010 -Trench Excavation and Backfill
Award
3
3010-108-B-0
Rock Excavation
100
CY
$ 50.00
$
5,000.00
Award
4
3010-108-C-0
Trench Foundation - 3" Breaker Run, (Modified Macadam Pile)
100
TON
$ 50.00
$
5,000.00
Award
5
3010-108-D-0
Replacement of Unsuitable Backfill Material, Gr 30, (Modified Subbase Pile)
100
TON
$ 30.00
$
3,000.00
Award
6
3010-108-E-0
Special Pipe Embedment or Encasement
70
LF
$ 400.00
$
28,000.00
Award
7
3010-108-F-0
Trench Compaction Testing
1
LS
$ 1,000.00
$
1,000.00
Award
8
3010-108-G-0
Class I, Bedding Material, 1" Commercial Clean Stone
1250
TON
$ 22.00
$
27,500.00
Sub Total
$
69,500.00
Division 4010 - Sanitary Sewers
Award
9
4010-108-A-1
Sanitary Sewer Gravity Main, Trenched, 15" PVC SDR26
1422
LF
$ 90.00
$
127,980.00
Award
10
4010-108-B-2
Sanitary Sewer Gravity Main with Casing Pipe, Trenchless, 15" PVC SDR26
467
LF
$ 626.00
$
292,342.00
Sub Total
$
420,322.00
Division 4020 - Storm Sewers
Award
11
4020-108-A-1
Storm Sewer Gravity Main, Trenched, 15" RCP
26
LF
$ 90.00
$
2,340.00
Award
12
4020-108-D-0
Removal of Storm Sewer
26
LF
$ 10.00
$
260.00
Sub Total
$
2,600.00
Division 4040 - Subdrains and Footing Drain Collectors
Award
13
4040-108-A-0
Subdrain, 6" Perforated
80
LF
$ 16.00
$
1,280.00
Sub Total
$
1,280.00
Division 6010 - Structures for Sanitary and Storm Sewers
Award
14
6010-108-A-0
Manhole Type, 48" SW-301
75.13
VF
$ 750.00
$
56,347.50
Award
15
6010-108-A-0
Manhole Type, 60" SW-301
12.92
VF
$ 100.00
$
1,292.00
Award
16
6010-108-C-2
External Drop Connection
1
EA
$ 10,000.00
$
10,000.00
Award
17
6010-108-H-1
Remove Manhole
1
EA
$ 500.00
$
500.00
Sub Total
$
68,139.50
Division 8030 - TemporaryTraffic Control
Award
18
8030-108-A-0
Temporary Traffic Control
1
LS
$ 5,800.00
$
5,800.00
Sub Total
$
5,800.00
Division 9010 - Seeding
Award
19
9010-108-B-0
Hydraulic - Seeding, Fertilizing, and Mulching, Type 2, by AC
2
AC
$ 3,800.00
$
7,600.00
Sub Total
$
7,600.00
Division 9040 - Erosion and Sediment Control
Award
20
9040-108-A-2
Stormwater Pollution Prevention Plan (SWPPP) Management
1
LS
$ 2,700.00
$
2,700.00
Award
21
9040-108-F-1
Wattles, Wood Fiber, 9"
1810
LF
$ 3.50
$
6,335.00
Award
22
9040-108-F-2
Wattles, Removal
1810
LF
$ 0.30
$
543.00
Award
23
9040-108-J-0
Rip Rap: Class B Revetment Stone
100
TON
$ 50.00
$
5,000.00
Award
24
9040-108-J-0
Rip Rap: Class D Revetment Stone
350
TON
$ 50.00
$
17,500.00
Award
25
9040-108-J-0
Rip Rap: Erosion Stone
30
TON
$ 60.00
$
1,800.00
Award
26
9040-108-0-2
Stabilized Construction Entrance by Ton
90
TON
$ 30.00
$
2,700.00
Sub Total
$
36,578.00
Item NO. I I NUMBER
Division 11,010 - Construction Survey
Award 27 11010-108-A-0 Construction Survev
QUANTITY I LJ I _ ' "'-- I ,—,"`, •• I
1 LS $ 4,500.00 $ 4,500.00
Sub Total $ 4,500.00
Division 11,020 - Mobilization
Award
28
11020-108-A-0
Mobilization
1 LS $ 51,000.00
$
51,000.00
Sub Total
$
51,000.00
Special Provisions - Non -Standard Project Items
Award
29
SP
Waterstop for Trenches
15 LF $ 10.00
$
150.00
Award
30
SP
Groundwater Relief Outlet
3 EA $ 200.00
$
600.00
Award
31
SP
Intake, 6 In. Dia. Hickenbottom
1 EA $ 250.00
$
250.00
Sub Total
$
1,000.00
Contract Award Amount:
$
675,319.50
FEHR GRA".'�M
ENGINEERING & ENVIRONMENTAL
June 10, 2024
Gus Psihoyos, City Engineer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
RE: Bid Recommendation
Tamarack Sanitary Sewer Extension, Dubuque, Iowa
Project #22-107
Dear Mr. Psihoyos,
Enclosed is a tabulation of the bids received on June 6, 2024, for the above -referenced project. Ten
bids were received with the low bid of 13.01% under our preliminary contract estimate of
$776,358.25 to a high bid of 16.79% under our estimate.
Based on our knowledge of Boomerang Corporation, and the firm's responsive bid, we recommend
that the contract award be made to Boomerang Corporation, of Anamosa, Iowa in the amount of
$675,319.50 which was the lowest bid submitted.
Sincerely,
Ryan M. Wicks, PE
Principal
RMW:amr
O:\Dubuque, City of\22-107 Tamarack\PA Final\22-107 - City - 2024-06-10 - Letter of Recommendation.docx
221 E. Main Street I Suite 301 1 Manchester, IA 52057 1 p:563.927.2060 I fehrgraham.com
Insight. Experience. Results.
1
Adrienne Breitfelder
From:Kerry Bradley
Sent:Thursday, July 11, 2024 4:36 PM
To:hammond.emily@dorsey.com; Todd Irwin
Cc:Grossklaus.David@dorsey.com; Jenny Larson; Adrienne Breitfelder
Subject:RE: Touching base re: Dubuque bid letting proceedings
Attachments:Award Construction Contract - Tamarack Sanitary Sewer Extension Project (Project ID_
5581500001).pdf; Tamarack Bid Bond.pdf; Tamarack Sanitary Sewer Extension - SIGNED
Contract Bond.pdf; Non-Litigation Tamarack.pdf
Hi Emily,
Requested info for Tamarack attached.
Thank you.
Kerry Bradley(she/her)
Engineering Department | City of Dubuque
City Hall | 50 W 13th St. Dubuque, IA 52001
O: 563.589.4270
From: hammond.emily@dorsey.com <hammond.emily@dorsey.com>
Sent: Monday, July 8, 2024 11:37 AM
To: Todd Irwin <Tirwin@cityofdubuque.org>
Cc: Grossklaus.David@dorsey.com; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>; Kerry Bradley
<Kbradley@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
Caution! This message was sent from outside your organization. Never give your login
information and password over email! Allow sender | Block sender
sophospsmartbannerend Good morning,
I hope everyone had a nice holiday weekend! We had a note on our work calendar to check on the status of the
following in connection with the Tamarack, Granger Creek, and Twin Ridge projects:
Executed resolutions awarding contracts for each project
Bid security from the successful bidder for each project
Satisfactory performance and payment bonds for each project
Executed contracts for each project
Executed non-litigation certificates (to be executed after the contracts and surety bonds have been received)
After those items have been sent over to us, we can prepare and submit a bid letting opinion to IFA for each project.
2
Additionally, please keep us in the loop as the construction loan application(s) and proforma(s) are submitted to IFA.
Thank you!
Emily C. Hammond
Senior Attorney
(She/Her/Hers)
DORSEY & WHITNEY LLP
801 Grand Avenue
Suite 4100 | Des Moines, IA 50309-8002
P: 515.697.3636 F: 515.608.4578
WWW.DORSEY.COM :: DES MOINES :: BIO :: V-CARD
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including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof.
Thank you.
From: Hammond, Emily
Sent: Thursday, June 13, 2024 3:19 PM
To: 'Todd Irwin' <Tirwin@cityofdubuque.org>
Cc: Grossklaus, David <Grossklaus.David@dorsey.com>; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>; Kerry Bradley
<Kbradley@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
Hi Todd,
Thanks again for sending those resolutions for our review! We had a few items we thought might be worth discussion:
I believe the resolutions should be dated June 17 instead of May 17 (this is small really small nit)
Can you confirm that all of the bids were received before the due date for bids and opened at time and place
listed in the Notice to Bidders?
We noticed the following language in the resolution awarding each contract: “subject to the concurrence of the
Iowa Financing Authority.” There is an Iowa Supreme Court Case from the City of Fairfield which says, in part,
that contingent award does not constitute award. However, the practical implications are likely minimal, so this
is probably not a huge deal. I’d be happy to discuss this with you if you’d like.
Here are the remaining items that we need prior to signing each opinion:
Bid security from the successful bidders
Executed resolutions awarding a contract
Satisfactory performance and payment bonds for each project
Executed contracts for each project
Executed non-litigation certificates (to be executed after the contracts and surety bonds have been received)
Please feel free to reach out with any questions or to discuss. I’m happy to jump on the phone if it would be helpful.
3
Thanks,
Emily C. Hammond
Senior Attorney
(She/Her/Hers)
DORSEY & WHITNEY LLP
801 Grand Avenue
Suite 4100 | Des Moines, IA 50309-8002
P: 515.697.3636 F: 515.608.4578
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Thank you.
From: Todd Irwin <Tirwin@cityofdubuque.org>
Sent: Tuesday, June 11, 2024 10:40 AM
To: Hammond, Emily <hammond.emily@dorsey.com>
Cc: Grossklaus, David <Grossklaus.David@dorsey.com>; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>; Kerry Bradley
<Kbradley@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
EXTERNAL FROM OUTSIDE DORSEY. BE CAUTIOUS OF LINKS AND ATTACHMENTS.
Good Morning Emily,
I’ve attached the draft resolutions for each of the three contracts to be awarded. Also, I’ve included the bid
tabulation and contract award forms. Earlier this morning I cc’d you on an email, to Jenny Larson, with the SRF
Construction loan Application attached. Also, I saw that Kerry has provided you with the resolutions for the public
hearing.
Is there anything else that you will need to write the legal opinion?
Thanks
Todd
From: hammond.emily@dorsey.com <hammond.emily@dorsey.com>
Sent: Monday, June 10, 2024 9:47 AM
To: Todd Irwin <Tirwin@cityofdubuque.org>
Cc: Grossklaus.David@dorsey.com; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
sophospsmartbannerend Hi Todd,
4
I hope your week is off to a good start! We have a note on our calendar that the City is planning to consider bids and
award a contract for each of the three projects at the meeting next week. When you get a chance, would you mind
sending us the resolution that the Council is planning to adopt so we can confirm compliance with Chapter 26?
Additionally, we would appreciate copies of the resolutions that were adopted to approve plans & specs for each
project. We just want to make sure our bid letting transcripts are complete so we can sign the legal opinions on the bid
letting processes for the SRF Program.
Please feel free to follow up with questions or to discuss.
Thanks!
Emily C. Hammond
Senior Attorney
(She/Her/Hers)
DORSEY & WHITNEY LLP
801 Grand Avenue
Suite 4100 | Des Moines, IA 50309-8002
P: 515.697.3636 F: 515.608.4578
WWW.DORSEY.COM :: DES MOINES :: BIO :: V-CARD
CONFIDENTIAL COMMUNICATION
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient.
Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received
this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments,
including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof.
Thank you.
From: Todd Irwin <Tirwin@cityofdubuque.org>
Sent: Thursday, May 16, 2024 3:59 PM
To: Hammond, Emily <hammond.emily@dorsey.com>
Cc: Grossklaus, David <Grossklaus.David@dorsey.com>; Kerry Bradley <Kbradley@cityofdubuque.org>; Jenny Larson
<Jlarson@cityofdubuque.org>; Adrienne Breitfelder <Abreitfe@cityofdubuque.org>
Subject: RE: Touching base re: Dubuque bid letting proceedings
EXTERNAL FROM OUTSIDE DORSEY. BE CAUTIOUS OF LINKS AND ATTACHMENTS.
Hi Emily,
Yes, our preference would be that we prepare all city council documents and send them to you for review.
Thanks
Todd
From: hammond.emily@dorsey.com <hammond.emily@dorsey.com>
Sent: Thursday, May 16, 2024 3:12 PM
To: Todd Irwin <Tirwin@cityofdubuque.org>
Cc: Grossklaus.David@dorsey.com
Subject: Touching base re: Dubuque bid letting proceedings
sophospsmartbannerend
5
Hi Todd,
I hope your week is going well! Jenny had reached out to Dave earlier this month recommending that you and Kerry
prepare the City Council proceedings related to the bid letting processes, and we just review those prior to each meeting
to confirm that they comply with the Iowa Code. Is that your preference? If so, that will work on our end. We’ll just
want to make sure we review those resolutions for statutory compliance ahead of the relevant City Council
meetings. Alternatively, we are happy to prepare the City Council resolutions.
Please let us know your thoughts, and we’ll proceed accordingly.
Thanks, Todd!
Emily C. Hammond
Senior Attorney
(She/Her/Hers)
DORSEY & WHITNEY LLP
801 Grand Avenue
Suite 4100 | Des Moines, IA 50309-8002
P: 515.697.3636 F: 515.608.4578
WWW.DORSEY.COM :: DES MOINES :: BIO :: V-CARD
CONFIDENTIAL COMMUNICATION
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient.
Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received
this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments,
including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof.
Thank you.
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
TAMARACK SANITARY SEWER EXTENSION PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 21ST day of June, 2024 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Boomerang
Corporation (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
Tamarack Sanitary Sewer Extension 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) 2023 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2023 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: ALL
12.Addenda (numbers 1 to 1 , inclusive).
13. Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
SECTION 00500
Page 2 of 6
16. Construction Schedule and Agreed Cost of ❑elay (Section 00800).
17. Erosion Control Certificate (Section 00900).
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 (Section 00470/00471)
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.
SECTION 00500
Page 3 of 6
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.
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).
B. The City and the Contractor agree to comply with all provisions of the Davis -Bacon
Federal Prevailing Wage Act, and related labor requirements and regulations and the
Federal Wage Determination for this Project.
SECTION 00500
Page 4 of 6
C. Equipment or products authorized to be purchased with federal funding awarded for this
Contract must be American -made to the maximum extent feasible, in accordance with
Public Law 103-121, Sections 606(a) and (b).
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.
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS 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.
TCI 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:llwww.cityofdubugue.org/DocumentCenter/Home/View/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
SECTION 00500
Page 5 of 6
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 01 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-
5-1-1-09339, United States District Court for the Northern District of Iowa.
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.
16191►111ir:7_Tot91Z-A
Rnnmerana Cnrnnrntinn
Contra r -T
By:
Sire
Cn Unc,:p
Qinted
Title
Date
SECTION 00500
Page 6 of 6
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 $ 675,319.50
CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
By:
_ ,/
Signa e
Michael C. Van Milligen
Printed Name
City Mana er
Title
Date / 1Y
CONTRACTOR:
Boomerang Corporation
Contra
By:
Signat r
it
5
KPri t d Narxa�,.
' Ce 1 I� CfQL
Title
i( -- in , ao L L--1
Date
==== END OF SECTION 00500 ====
Bond No. 54261317
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Boomerang Corporation, as Principal (hereinafter the "Contractor" or "Principal")
and United Fire & Casualty Company , as Surety
are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Owner"), and to all persons who may be injured by any breach of any of the conditions of this
Bond in the penal sum of six hundred seventy-five thousand, three hundred nineteen dollars and
fifty cents ($675,319.50), lawful money of the United States, for the payment of which sum, well
and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or
severally, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Owner, bearing date the 215t day of June, 2024, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with
the Contract Documents, and to faithfully perform all the terms and requirements of said Contract
within the time therein specified, in a good and workmanlike manner, and in accordance with the
Contract Documents. The Contract Documents for Tamarack Sanitary Sewer Extension Project
detail the following described improvements:
The Project will consist of the installation of 1889 feet of 15" diameter sanitary
sewer main, including two roadway jack and bores 264 feet and 203 feet,
replacing one sanitary sewer manhole, installing nine (9) new sanitary sewer
manholes, a stream crossing and main encasement, and crossing a 16" high
pressure gas line.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and
abide by each and every covenant, condition, and part of said Contract and Contract
Documents, by reference made a part hereof, for the project, and shall indemnify and save
harmless the Owner from all outlay and expense incurred by the Owner by reason of the
Contractor's default of failure to perform as required. The Contractor shall also be
responsible for the default or failure to perform as required under the Contract and Contract
Documents by all its subcontractors, suppliers, agents, or employees furnishing materials
or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just
claims submitted by persons, firms, subcontractors, and corporations furnishing materials
for or performing labor in the performance of the Contract on account of which this Bond is
given, including but not limited to claims for all amounts due for labor, materials, lubricants,
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner is required to retain until completion of the improvement, but the
SECTION 00600
Page 2 of 4
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 of the Iowa Code, which by this
reference is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own
expense:
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract Documents within the period of two (2) year(s) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship, equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the
aggregate, involve an increase of more than twenty percent (20%) of the total contract
price, and that this Bond shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
SECTION 00600
Page 3 of 4
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five (5) years after the acceptance of the work under the Contract the right to sue
on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by the
Owner including interest, benefits, and overhead where applicable. Accordingly, "all
outlay and expense" would include but not be limited to all contract or employee
expense, all equipment usage or rental, materials, testing, outside experts, attorney's
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of litigation as they are incurred by the Owner. It is intended the Contractor
and Surety will defend and indemnify the Owner on all claims made against the
Owner on account of Contractor's failure to perform as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Contract and
Contract Documents, in approved change orders, and in this Bond will be fulfilled, and
that the Owner will be fully indemnified so that it will be put into the position it would
have been in had the Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that
the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner
hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract
Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in
full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as
defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond,
Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable
provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or
construed according to its generally accepted meaning in the construction industry; and fourth, if it
has no generally accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
SECTION 00600
Page 4 of 4
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this
Bond.
Project No. 5581500001
Witness our hands, in triplicate, this 26th day of
S TY C UNT RS NED BY:
Sinatur of Agent
Sandy VanOsten
Printed Name of Agent
4201 Westown Pkwy, Suite 120
Company Address
West Des Moines, IA 50266
City, State, Zsp Code
515-309-6200
Company Telephone Number
PRINCIPAL:
Boomerang Corp.
Contract
By:
Signa
i 0ci-co
Printed Name
NOTE:
June 2024.
Title
FORM OVED BY:
Rep sentative for Owner
SURETY:
United Fire & Casualty Company
Surety C any
By:
Sig to e A o ey1n ct icer
Abigail R. M hr
Printed Name of Attorney -in -Fact Officer
United Fire & Casualty Company
Company Name
118 Second Ave SE
Company Address
Cedar Rapids, ]A 52401
City, State, Zip Code
319-399-5700
Company Telephone Number
1. All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-FacVOfficer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
___= END OF SECTION 00600 ===_
UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401
INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company — See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws
of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of Texas; and
Financial Pacific Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called
the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
MATT FAY, ABIGAIL R. MOHR, MAT DEGROOTE, SANDY VANOSTEN, LAURA PEIFFER, DENISE ALLEX, ERIK
PARTRIDGE, EACH INDIVIDUALLY
their true and lawful Attomey(s)-in Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar natuue provided that no single obligation shall exceed $100 , 000, 000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and bereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire &
Indemnity Company, and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United
Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
"Aillcle VI — Surety Bonds and Undertakings"
Section 2, Appointment of Attomey-in-Fact. "Tire President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written
certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.
Tire signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of
either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the
Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal
the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority
previously given to any attorney -in -fact.
IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
trill4fp •tt4tllllpllr,
`c: '�4, ,.•� �. a� ti h ,,• �4�c INsu,. vice president and its corporate seal to be hereto affixed this
,, ; •4 , ,, o ,,. 44 30th day of March, 2021
� Qrr'oq.P4Rq•,,o`'-:
COReOItATE {y w° CORPOxA7'f n! = Q : 2� TFp c+?
= sunrz� UNITED FIRE &CASUALTY COMPANY
SEAL = =� sraL 3 =Q- gas :,€ UNITED FIRE & INDEMNITY COMPANY
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_ `11.PFOR ' t, FINANCIAL PACIFIC INSURANCE COMPANY
,,7$iR �S t[�`••••~ 'r��'ri,�ull7tl purr 'J,`��i�frgrwumn`'ttt•`+
BY:/L
State of Iowa, County of Linn, ss:
Vice President
On 30th day of March, 2021, before me personally came Kyanna M. Saylor
to the known, who being by me duly sworn, did depose and say; that she resides in Cedar Rapids, State of Iowa; that she is a Vice President of United
Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument; that she knows the seal of said corporations; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her
name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations.
Patti Waddell
_ lows Notarial Sea!
Commission number 713274 WaA&U-Notary Public
My Commission Expires 10126/2025 My commission expires: 10126/2025
I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant
Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and
the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power- of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID CORPORATIONS, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said
Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this 26th day of June 12024
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Assistant Secretary,
OF&C & OF&I & FPIC
BPOA0049 1217
SECTION 00450
Page 1 of 1
BID BOND
SECTION 00450
We Boomerang Corp. as Principal (Contractor), and
United Fire & Casualty Company , as Surety, are held and firmly
bound unto the City of Dubuque, Iowa (City), in the sum of $ 10% (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 6th day of June _ 20 24 for
Tamarack Sanitary Sewer Extension (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 6th day of June ' , 20 24 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.
PRINCIPAL:
SURETY:
Boomerang Corp. United Fire & Casualty Company
Contractor Name Surety Name
By: By:
Sig naturk Signature Abigail R. Mohr
Attorney -in -Fact
Title Title
June 6, 2024
Date
June 6, 2024
Date
®401X01&yX0rIs] &111MPill=
a UNITED FIRE & CASUALTY COMPANY, CEDAR RAPIDS, IA Inquiries: Surety Department
UNITED FIRE & INDEMNITY COMPANY, WEBSTER, TX 118 Second Ave SE
FINANCIAL PACIFIC INSURANCE COMPANY, LOS ANGELES, CA Cedar Rapids, IA 52401
INSURANCE CERTIFIED COPY OF POWER OF ATTORNEY
(original on file at Home Office of Company - See Certification)
KNOW ALL PERSONS BY THESE PRESENTS, That United Fire & Casualty Company, a corporation duly organized and existing under the laws
of the State of Iowa; United Fire & Indemnity Company, a corporation duly organized and existing under the laws of the State of 'Texas; and
Financial Pack Insurance Company, a corporation duly organized and existing under the laws of the State of California (herein collectively called
the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint
MATT FAY, ABIGAIL R. MOHR, MAT DEGROOTE, SANDY VANOSTEN, LAURA PEIFFER, DENISE ALLEX, EACH
INDIVIDUALLY
their true and lawful Attomey(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds,
undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $100, 000, 000.00
and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies
and all of the acts of said Attorney, pursuant to the authority hereby given and hereby ratified and confirmed.
The Authority hereby granted is continuous and shall remain in full force and effect until revoked by United Fire & Casualty Company, United Fire &
Indemnity Company, and Financial Pacific Insurance Company.
This Power of Attorney is made and executed pursuant to and by authority of the following bylaw duly adopted by the Boards of Directors of United
Fire & Casualty Company, United Fire & Indemnity Company, and Financial Pacific Insurance Company.
"Article VI —Surety Bonds and Undertakings"
Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or my other officer of the Companies may, from time to time, appoint by written
certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings mid other obligatory instruments of like nature.
The signature of any officer authorized hereby, mid the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of
either authorized hereby; Such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the
Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set of
forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments mid to attach the seal
the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority
previously given to any attorney -in -fact.
IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its
Uglanaaa/ U\,pp1011ay, ,,,nn ls",
,"�'-`IN,",,�,,wa"^+fin }� ,oG(F�q irisu�w,, vice president mid its corporate seal to be hereto affixed this 30th day of March, 2021
uQ yP.-,6VOgO',NbA,
CO0.1p"^'ti- 'O COR1ORAT6 3r tlmrzg��8' UNITED FIRE & CASUALTY COMPANY
=v senL a eo asar y`.c lore <;g�s UNITED FIRE& INDEMNITY COMPANY
"2StFp?+`' <r FINANCIAL PACIFIC INSURANCE COMPANY
By:aa-/G
State of Iowa, County of Linn, ss: ...///��G��� Vice President
On 30th day of March, 2021, before me personally came Kyanna M. Saylor
to me known, who being by me duly sworn, did depose and say; that she resides in Cedar Rapids, State of Iowa; that she is a Vice President of United
Fire & Casualty Company, a Vice President of United Fire & Indemnity Company, and a Vice President of Financial Pacific Insurance Company the
corporations described in and which executed the above instrument; that she lmows the seal of said corporations; that the seal affixed to the said
instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporations and that she signed her
name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. _
APaW Waddell (//�/a
N
z Iowa NoSeal
Commisslon number 773274
number
otaty Public
My Commission Expires 10/26/2025 My commission expires: 10/2612025
I, Mazy A. Bertsch, A ssistam Secretmy, of United Fire & Casually Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant
Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and
the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE
HOME OFFICE OF SAID CORPORATIONS, and that the same me correct transcripts thereof, and of the whole of the said originals, and that the said
Power of Attorney has not been revoked and is now in full force and effect.
In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said Corporations
this 6th day of June , 20 24
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BY A.Uluw "
Assistant Secretary,
OF&C & OF&I & FPIC
BPOA0049 1217
NON -LITIGATION CERTIFICATE:
STATE OF IOWA
DUBUQUE COUNTY SS:
CITY OF DUBUQUE
I, the undersigned, City Clerk of the City of Dubuque, Iowa (the "City"), hereby certify
that with respect to the Tamarack Sanitary Sewer Extension Project, there is no action, suit or
proceeding (at law or in equity) pending before or by any court, public board or body, or, to the
best of my knowledge and information, threatened against or affecting the City, challenging the
validity of the contract, seeking to enjoin any of the transactions contemplated thereby or the
performance by the City of any of its obligations thereunder, or wherein an unfavorable decision,
finding or ruling would adversely affect the transactions contemplated by the contract.
WITNESS MY HAND this day of J�J Y , 2024.
kQi� A a__1J4_
City Clerk 61