Public Improvement Contract_Mueller, Inc. for the Fire Station 2 Restroom Remodel PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
Fire Station 2 Restroom Remodel
2180 JFK Road
Dubuque, Iowa 52001
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 12th day of March, 2015 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Mueller, 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 Fire Station
No. 2 Bathroom Remodel
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 (SURAS) 2014 Edition
(DIVISION 1 ONLY).
7. CITY OF DUBUQUE Supplemental Specifications 2014 Edition (DIVISION 1 ONLY).
8. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
9. Special Provisions included in the project Contract Document Manual.
10. Drawings — 0001 through E.100 (10 pages) or drawings consisting of sheets bearing
the following general title: THE CITY OF DUBUQUEFIRE STATION #2 RESTROOM REMODEL.
11. Addenda (numbers 1 to 2 , inclusive).
12. Insurance Provisions and Requirements (Section 00700).
13. Sales Tax Exemption Certificate (Section 00750).
14. Site Condition Information (Section 00775).
15. Construction Schedule and Agreed Cost of Delay (Section 00800).
16. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (Pages 1 to 5 inclusive).
b. Bidder Status Form (Section 00460). 4'
c. Contractor Background Information Form (Section 00471)
17. The following which may be delivered or issued on or after the Effective Date of the 1
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page u
c. Change Orders (Not attached to this agreement).
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There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions. I
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.
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4. The Contractor must remove any materials rejected by the City as defective or improper, or Ij
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. i
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 u
not adjusted within that thirty (30) day period, as provided in Iowa Code Chapter 573 or
Iowa Code Chapter 26. The City will also retain additional sums to protect itself against any
claim that has been filed against it for damages to persons or property arising through the
prosecution of the work and such sums will be held by the City until such claims have been
settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix
any other defect in any part of the Project, even if the Project has been accepted and fully ,
paid for by the City. The Contractor's maintenance bond will be security for a period of two
years after the issuance of the Certificate of Substantial Completion.
8. The Contractor must fully complete the Project under this Contract on or before the date u
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,
City shall defend, indemnify and hold harmless Contractor, 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
Agreement, 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 City, or anyone directly or indirectly employed by City or anyone for whose
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acts City 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
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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
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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 j
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 !I
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 l
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).
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B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, if applicable, and related labor requirements and
regulations and the Federal Wage Determination for this Project.
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).
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.
CITY CONTRACTOR
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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 it
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
hqp://www.cityofdubuque.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 NNi
of all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come j
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. 4'
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CERTIFICATION BY CONTRACTOR
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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:
1. 1 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.
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.
CONTRACTOR:
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Cont for
By.
Signature
r�rvrIle`
Printed Name
Title
Date
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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 $ 98,310.00 j
CITY OF DUBUQUE, IOWA:
City Manager's Office j
Department
By:
Signature
Michael C. Van Milligen
Printed Name
City Manager
Title
Date
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CONTRACTOR:
Contra
Signature
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Printed Name
Title
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Date
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=====END OF SECTION 00500=====
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ME FgRMAN EPAYMENT AND MAINTENAN E BOND
Q.
SEPT'ION 00 600 Bond No. SY43I05
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KNOW ALL BY THESE PRESENTS:
That we, Mueller. .Ino,, as Principal (hereinafter the "Contractor" or "Principal") and j
IMT Insurance Corn an , as Surety are
held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as
"Owner"), and to all parsons who may be injured by any breach of any of the conditions of this
Bond In the penal sum of C e - n r t n dollars ($98,310.00), lawful
money of the United States, for the payment of which sura, well and truly to be made, we bind
ourselves, our hairs, legal representatives and assigns, jointly or severally, firmly by these
presents.
The conditions of the above obligations are such that wheroas said Contractor entered into a
contract with the Owner, bearing date the = day of March, 2015, (hereinafter the "Contract")
wherein said Contraotor undertakes and agrees to construct the following project in accordance with
the Contract Documents, and to faithfully perform all the terms and ragvirements of said Cordract
within the time therein specified, in a good and workmanlike manner, and In accordance with the
Contract Documents. The Contract Documents for Firg %gjlgo NQ. 2 kastr6 rr1 Remodel
Project detail the following doscribel irnprovOnlentS�
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The work Involves complete demolition of the exiting restroom and shower area, relocation of the
Interior walis to create separate male and female restroom$. The new restrooms will be finished
out with now sinks, toilets, showers, millwork, wall finishes, flooring, and lighting. Associated
electrical, plumbing, and mechanical upgrades are also part of the work. An add alternate$ Is
Included to make similar renovations to a tQ' x 94' public rostroorn anal to repaint the existing
metal lookers,
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It i expressly understood a the Contractor and Sure In this and that the following
s p y ur�de s and agreed by Surely � g
provisions are a part of this Bond and are binding upon said Contractor and Surety,to=vvit:
I PERFORMANCE: The Contractor shall well and faithfully observe, perforrn, fulfill, and
abide by each and every covenant, condition, and part of sari Contract and Contract
Documents, by reference made a part hereof, for the project, and Ishall Indemnify and save
h;armtess the owner from all outlay and expense incurred by the Owner by reason of the
Contractor's default of failure tp perform as required. The PQntractor shall also be
responsible for the default or failure to perform as required under the Contract and Contract
Documents by all Its subcontractor's, suppliers, agents, or emplo�aes furnishing materials
or providing labor In the performance of the Contract.
2. PAYMENT, The Contractor and the Surety on this Fond hereby, agreed to pay all Just
clairns submitted by persons, firms, subcontractors, and corporaions furnishing materials
for or performing labor in the performance; of the Contract on aac9unt of which this Bond is q
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
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Contractor or any subcontractor, wherein the same are not SaUSTIE u Taut or 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 unle$$ 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
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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 defeots 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 defeots In
workmanahlp, 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
j result of Contractor's end Surety's failure to rsmady any defect as required by this
section.
Contractor's and Surety's Cataract herein made extends to defects In workmanship or
materials not dlswvered or known to the owner at the time such Work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held hound,, any contract to the
j 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 orange in the Contract;or {Contract Documents,
authorized in approved change orders whloh thereby Inoraa�es the total contract pace
and the penal sum of this Band, provided that all such i changes do not, in the
aggregate, involve an Increase of more than twenty percent(20%) of the total contract
price, and that this Band shall then be released as to such excess Increase;
C. To consent without notice that this Bond shall remain in ful( force and effect until the
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Contract Is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of tirne after the contract period has elapsed u
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:
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D. That no provision of this Bond or of any other contract shall be valid that limits to lass
than five (b) years after the acceptance of the wort; under the Contract the right to sue j
on this Bond,
E. That as used herein, the phrase "ail 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, "ail
outlay and expense" would Include but not be limited to all contract or employee
expense, all equipment usage or rental, materials, testing,
outside experts,
attorneys
fees (including overhead expenses of the Owners staff attorneys), and
all casts and
expenses of litigation as they are Incurred by the Owner. it is intended the Contraotor
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 Oocuments, that all agreements and promises set forth In the Contract and f
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 towner 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 urider this Bond shall not exceed one hundred twenty-five
percent (126%) 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 anion;Is requirsd by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation Incurring to the benefit of
the Owner, the ContmotQr 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 ito all rights, powers, and
remedies given to the Owner, by law. The Owner may proceed agaln� surety for any amount
guaranteed hereunder whether action Is brought against the Contractor dor whether Contractor is
joined In any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if sal id Prinelipal shall -faithfully
perform all the promises of the Principal, as sot forth and provided In the?Contract, In the Contract
Documents, snd in this Bond, then this obligation shall be null and void, otherwise it shall remain in
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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 gond, the Contract, or the Contract Documents; second, If not defined In the bond,
Contract, or Contract Documents, It shall be Interpreted or construed !as defiined in applicable
Provisions of the Iowa Code; third, if not defined in the Iowa Code, It shall be Interpreters or
construed according to Its generally accepted meaning In the construction industry; snd fourth, If it
hes no generally accepted meaning In the construction Industry, It shall b Interpreted or construed
according to its common or customary usage.
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Failure to specify or particularize shall not exolude terms or previsions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this
Bond.
Project No. 3601198
Witness our hands, In triplicate, this 17th�..day of March Ind. 2015.
SUM:TY COU ERSIGNED BY:
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FORM APPR id
;algrrature�afA�en _--- ii
✓ g`cG�e( , cv'� �. c .— wepreeentO0 or Owner
printed Nsme of Agent $URETY:
102 North Center Avenue IMT Insurance Company
Company AMdroas — ...�
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Epworth, IA 52045
city,stedo,7jp code By.
nature Attams&-Fact t7 er
(56876-3181
Company Telephone Numb """"� John B. Heiberger _
PR-94N me of Attorney-In-Fact Officer J
PRINCIPAL: IMT Insurance Company
Mueller,Inc Company Name
G4ntraCtCtf
'" 4445 Corporate Drive
B , CompanyAddreas
nature West Des Moines,IA 50266
lty,Mt—*,7_ip Code
Printeq Nerve l (800) 274-3531
company Tolephone Number
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NOTE:
1. All signatures on this performance, payment, and, maintenance Borg must be original
signatures In Ink; copies, facsimile, or electr'onle signatures will not be accspted.
2. This Band must be sealed with the Surety's raised, embossing seal.
3. The hame and slgnatura of the Surety's Attorney-in-Fact/Officer entered on this Bond
must be exactly as listed on the Certlfiicste or Power of Attorney accompanying this I
Bond.
END OF SECTION 00600 ==wow
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5 5
5 IMT INSURANCE - 5
5 5
5 POWER OF ATTORNEY No. 43106
5
5 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof.Please review carefully. 5
5 Know All Persons By These Presents,that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa,and having 5
5 its principal office in the City of West Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents 5
5 make,constitute and appoint
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5 John R Heiberger 5
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5 of Epworth and State of Iowa its true and lawful Attorney-in-Fact, with full power and 5
S5 authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,under- 5
takings,recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the 5
5 amount of: One Hundred Thousand and No/100 ($100,000.00)Dollars 5
e5 and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized 5
officers of IMT Insurance Company,and all such acts of said Attorney-in-Fact,pursuant to the authority herein given, are hereby ratified and 5
confirmed. 5
5 This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of 5
SDirectors of IMT Insurance Company on December 18, 1998. 5
5 ARTICLE VIII,SECTION 4.-The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and 5
�j to authorize them to execute on behalf of the Company,and attach thereto the Corporate Seal,bonds,undertakings,recognizances,con- rj
tracts of indemnity or other obligatory writings,excluding insurance policies and endorsements. 5
5 ARTICLE VIII,SECTION 5.-The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power 5
5 of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII,Section 4 of the By-Laws. Such 5
5 facsimile signature and seal shall have the same force and effect as though manually affixed. 5
In Witness Whereof, IMT Insurance Company has caused these presents toits President and its corporate seal to 5
5 be hereto affixed,this 5th day of January 2007 5
5
IMTInstidrice Compaq;y° 5
5 Richar'Keith �respdent '' S
5 WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RL+.1Y 1SbRDER AND RED LOGO. 5
S5 STATE OF IOWA ss: 5
COUNTY OF POLK } 5
5 5 On this 5th day of January 2007 before me appeared Richard Keith, to me personally known, 5
who being by me duly sworn did say that he is President of the IMT Insurance Company,the corporation described in the foregoing instrument, 5
5 and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in 5
5 behalf of said Corporation by authority of its Board of Directors. 5
5 In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines,Iowa,the day and year 5
5 first above written. R 5
5 5 ,*3A` ®EE c®Pec � ' S
NO At coMnnlsseoly NO.742311 i e5
54Le MY COMMIS FIRES Notary Public,Polk County,Iowa 5 j
5
5 CERTIFICATE 5
5 5
5 I,Newell K.Hart,Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of S
5 the POWER-OF-ATTORNEY,executed by said the IMT Insurance Company,which is still ir,fcrQf and effect. 5
5 In Witness Whereof, I have hereunto set�my hand and affixed the Seal of tih. C'orhpany on day of 5
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NewE,l K.Haut Secretary:' SCJ
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