Improvement Contract_2024 ADA Sidewalk Curb Ramp Project OneCity of Dubuque
City Council Meeting
Consent Items # 016.
Copyrighted
June 3, 2024
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUMMARY: Midwest Concrete Inc. for the 2024 ADA Sidewalk Curb Ramp Project
One and 2024 ADA Sidewalk Curb Ramp Project Two.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
2024 ADA Sidewalk Curb Ramp Project One Supporting Documentation
2024 ADA Sidewalk Curb Ramp Project Two Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
2024 ADA SIDEWALK CURB RAMP PROJECT ONE
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 3rd day of MaV , 2024 between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City), and
Midwest Concrete Inc. (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
2024 ADA SIDEWALK CURB RAMP PROJECT ONE (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. The Iowa Statewide Urban Design And Specifications (SUDAS) 2023 Edition.
7. CITY OF DUBUQUE Supplemental Specifications 2023 Edition.
8. Special Provisions included in the project Contract Document Manual.
9. Drawings —Sheet No. A.01 through No.S.153 bearing the following title:
CITY OF DUBUQUE.
PUBLIC WORKS ASPHALT OVERLAY PROGRAM
2024 ADA SIDEWALK CURB RAMP PROJECT ONE
Bluff Street (10th Street - 12th Street)
10.Any Addenda issued.
11.Insurance Provisions and Requirements (Section 00700).
12. Sales Tax Exemption Certificate (Section 00750).
13. Construction Schedule and Agreed Cost of Delay (Section 00800).
14. Erosion Control Certificate (Section 00900).
15. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
SECTION 00600
Page 3 of 6
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 5 of 6
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 2:11-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.
All work performed will be in conformity with the provisions of the Consent Decree
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.
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.
CONTRACTOR:
N/A
Contractor
By:
Signature
N/A
Printed Name
N/A
N/A
Date
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we
as
Principal (hereinafter the "Contractor" or "Principal") and West Bend Insurance 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
Ninely-eight thousand, seven hundred and three and zero cents dollars
($ 98,703.00 ), 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 3rd day of May 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 the 2024
ADA Sidewalk Curb Ramp PROJECT ONE detail the following described improvements:
Replacement of fourteen (14) ADA sidewalk ramps at four (4) intersections in conjunction with the
Public Works Asphalt Overlay Program at the following locations:
1. Bluff Street and 12th Street, four non -directional ADA sidewalk curb ramps.
2. 12th Street and Locust Street, two non -directional ADA sidewalk curb ramps.
3. Bluff Street and 11th Street, four non -directional ADA sidewalk curb ramps.
4. Bluff Street and 10th Street, four single directional ADA sidewalk curb ramps.
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.
SECTION 00600
Page 2 of 4
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
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.
SECTION 00600
Page 3 of 4
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
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
SECTION 00600
Page 4 of 4
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.
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.
5421000002
Witness our hands, in triplicate, this 3rd day of
SURETY COUNTERSIGNED BY:
Signature of Agent
Printed Name of Agent
Company Address
City, State, Zip Code
Company Telephone Number
PRINCIPAL:
Midwest Concrete Inc.
Contractor
By:
Signature
Ryan Coates
Printed Name
Owner
NOTE:
May
, 2024.
Title
FORM=OVED :
Represe tative for Owner
SURETY:
West Bend Insurance Company
Surety C mpany
r
By �
Signature Attorney -in -Fact Officer
Hannah Kuhse
Printed Name of Attorney -in -Fact Officer
TRICOR
Company Name
600 Star Brewery Dr
Company Address
Dubuque, IA 62001
City, State, Zip Code
(563) 556-5441
Company Telephone Number
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-Fact/Officer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
==== END OF SECTION 00600
Bond No. 2574273
POWER OF ATTORNEY
Know all men by these Presents, that West Bend Insurance Company (formerly known as West Bend Mutual Insurance Company prior to 11112024), a
corporation having Its principal office In the City of West Bend, Wisconsin does make, constitute and appoint:
Hannah Kuhse
lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surely and as its act and deed any and all bonds, undertakings
and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the
SLIM of: Thirty Million Dollars ($30,000,000)
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board
of Directors of West Bend Insurance Company by unanimous consent resolution effective the 181 day of January 2024.
Appointment of Attorney -in -Fact. The president or any vice president or any other officer of West Bend Insurance Company may appoint by
written certificate Attorneys -In -Fact to act on behalf of the company in the execution of and attesting of bonds and undertakings and other
written obligatory instruments of like nature. The signature of any officer authorized hereby and the corporate seal maybe affixed by
facsimile to any such power of attorney or to any certificate relating therefore and any such power of attorney or certificate bearing such
facsimile signatures or facsimile seal shall be valid and binding upon the company, and any such power so executed and certified by facsimile
signatures and facsimile seal shall be valid and binding upon the company in the frture with respect to any bond or undertaking or other
writing obligatory in nature to which it is attached. Any such appointment maybe revoked, for cause, or without cause, by any said officer at
any time.
Any reference to West Bend Mutual Insurance Company in any Bond and all continuations thereof shall be considered a reference to West Bend
Insurance Company.
In witness whereof, West Bend Insurance Company has caused these presents to be signed by its president undersigned and Its corporate seal to be
hereto duly attested by its secretary this 1st day of January 2024, t rt
Attest ( -ax t.
Christoliher C. Z t
Secretary
State of Wisconsin
County of Washington
sJ
Robert J. Jacques VY
President
On the lot day of January 2024, before me personally came Robert Jacques, to me known being by duly sworn, did depose and say that he Is the
President of West Bend Insurance Company, the corporation described In and which executed the above Instrument; that he knows the seal of the
said corporation; that the seal affixed to said Instrument is such corporate seal; that Is was so affixed by order of the board of directors of said
corporation and that he signed his name thereto by like order.
`,yOTAR,v �
AUgLtG � cad Porporate Attorney
'o, 0.... ,�a` tafy.Public, Washington Co., WI
{ 01,111t My Commission is Permanent
The undersigned, duly elected to the office stated below, now the incumbent in West Bend Insurance Company, a Wisconsin corporation authorized
to make this certificate, Do Hereby Certify that the foregoing attached Power of Attorney remains In full force effect and has not been revoked and that
the Resolution of the Board of Directors, set forth In the Power of Attorney is now In force.
Signed and sealed at West Bend, Wisconsin this 3rd dayof May 2024
dadapo c' G Vt4xt e
�e
Christop er C. Z a
wya " o Secretary
aTokg,- x 2f �4
1900 S 18th Avenue I West Bend, WI 53096 1 Phone: (800) 236-5010 1 Fax: (877) 674-2663 1 www.thesliver[Ining.com