Improvement Contract/Bond_2017 Asphalt Overlay Ramp Project Two_Arensdorf Construction Copyrighted
June 5, 2017
City of Dubuque Consent Items # 32.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Dan Arensdorf Construction, Inc. for the 2017 Asphalt
Overlay Ramp Project Two; Evans-Mason, Inc., for the
Mathias Ham House Masonry Rehabilitation Project; Hydro-
Tech, Inc., for the Five Flags Theater Masonry
Rehabilitation and Fire Escape Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Arensdorf Construction, Inc. Contract and Bond Supporting Documentation
Evans-Mason, Inc., Contract and Bond Supporting Documentation
Hydro-Tech, Inc., Contract and Bond Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT RD EMENT C®NTRACT i
SECTION 00500
2017 ASPHALT OVERLAY RAMP PROJECT TWO
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references l
purposes the 15th day of May 2017 between the City of Dubuque, Iowa, by its City Manager, through
authority conferred upon the City Manager by its City Council (City), and Dan Arensdorf 9
Construction, 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 2017
ASPHALT OVERLAY RAMP PROJECT TWO (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
I�
a. (Bond_Name) (pages_to_ , inclusive).
b. Bond Name (pages_to
( ) (p g inclusive).
C. (Bond Name) (pages_to , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS)2015 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2015 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:
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12.Addenda (numbers—to_ , inclusive).
0
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
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16.Construction Schedule and Agreed Cost of Delay (Section 00800).
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SECTION 00500
Page 2 of 6
17.Erosion Control Certificate (Section 00900).
18.Consent Decree (Section 01000).
19.Other Project Information and Permits (Section 01100 - 00000).
20.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages _to_, inclusive).
b. Bidder Status Form (Section 00460).
c. Contractor Background Information Form (Section 00471)
d. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i.
ii.
iii.
e. None.
21.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850). I,
b. Project Certification Page (Section 00102). j
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may Y amended,
only be a e ded
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.
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4. The Contractor must remove any materials rejected by the City as defective or improper, or 1
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
SECTION 00500
Page 3 of 6
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 N
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents. 1
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, 1
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 r
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 j
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; h
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 b
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 '
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provisions apply to said Bond.
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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, if applicable, 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. 20OOd-20OOd-4 and Title 49, Code of Federal Regulations, Department
of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in j
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. h'
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 F
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE. C
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 G
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the State N
of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its
officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and
corporations under contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to
perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www.cityofdubugue.o[g/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
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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
e conclusion of the information-retention period,
he City under the Consent Decree. ALL t i 1
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: u
u
1. 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 I'I
Case 2:11-cv-0101 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, u
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 5
failure to comply with the Consent Decree.
CONTRACTOR:
NIA
Contractor
By:
Signature
Printed Name
Title
Date
a
s
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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 $ 80,527.02
CITY OF DUBUQUE IOWA:
City Manager's Office
Department
By-.—
Signature
y_ Signature
Michael C. Van Millen
0,
Printed Name
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City Manager
Title
I
Date
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CONTRACTOR:
Contractor
By.
Signature ✓ G
iL
Printed Name
Title -y
Date
___= END OF SECTION 00500 =___
2349259
SECTION 00600
Page 1 of 4
PERFORMANCE PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOWN ALL BY THESE PRESENTS:
That we, Dan Arensdorf Construction Inc , as Principal (hereinafter the "Contractor"or"Principal") N
and West Bend Mutual Insurance Company , as Surety
are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as it
"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 Eighty thousand,five hundred twenty-seven dollars,two cents
dollars ($ 80.527.02), 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.
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The conditions of the above obligations are such that whereas said Contractor entered into a contract
with the Owner, bearing date the 15th day of May 2017, (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 2017 Asphalt Overtav Ram® Proiect Two detail the
following described improvements:
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• Rhomberg Avenue & Marshall Street: replace all four comers with ramps perpendicular
to Marshall Street. Install new storm water intake at NE comer.
• Rhomberg Avenue at signaled crossing: replace with compliant ramps perpendicular to
Rhomberg Avenue.
• Rhomberg Avenue & Dock Street: replace Southeast comer, Northeast comer and
Northwest comers with ramps compliant p p perpendicular to Dock Street.
• Rhomberg Avenue&Ann Street: replace all four comers with ramps perpendicular to {
Ann Street.
• Rhomberg Avenue& Fengler Street: replace all four corners with ram
to Fengler Street. Ps perpendicular
• Rhomberg Avenue & Farley Street: replace all four comers with ramps perpendicular to
Farley Street.
• Rhomberg Avenue & Schiller Street: replace all four comers with ramps perpendicular I
to Schiller Street.
• Rhomberg Avenue & Humboldt Street: replace all four comers with ramps
perpendicular to Humboldt Street.
• Rhomberg Avenue S Stafford Street: replace all four comers with compliant ramps
perpendicular to Stafford Street.
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:
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L SECTION 00600
Page 4 of 4
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guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
4
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,
I
and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and
effect.
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When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined1
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.
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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. 3001227
Witness our hands, in triplicate, this 15th day of May 2017.
SURETY COUNTERSIGNED BY: itis
Skinature of Agent FORA APPRO ® Y:
G
Printed Name of Agent RepresentaM for mer
Company Address SURETY:
West Bend Mutual Insurance Company j
City,state,Zip Code
surety ny M
By:
Signature A ey-in-Fa-Oftear
Company Telephone N�rnber
Andrew Hendricks
PRINCIPAL: Printed Name of Attomey-in-Fact Ofnr
Dan Arensdorf Construction, Inc. TRICOR, Inc.
Conlca ny Mme {
600 Star Brewery Drive, Suite 110
By. ignaVre Company Address—Z)4121 4 i
/7 Dubuque, IA 52001
Printed Name iV �6 Ciify,State,Zip Code
563-556-5441
NOTE: Company Telephone Number
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SECTION 00600
Page 5 of 4
7. 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.
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3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond a
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
—=®= END OF SECTION 00600
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WESTBEND 2349259
A MUTUAL INSURANCE COMPANY'
Power of Attorney
Know all men by these Presents, That West Bend Mutual Insurance Company, a corporation h
the City of West Bend, Wisconsin does m p having its principal office in
make, constitute and appoint. p
i
Andrew Hendricks
lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety and as its act and deed any
and all bonds, undertakings and contracts of suretyship,y p, provided that no bond or undertaking or contract of suretyship
executed under this authority shall exceed in amount the sum of:
Seven Million Five Hundred Thousand Dollars($7,500,000) i
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 Mutual Insurance Company at a meeting duly called and held
on the 21st day of December, 1999. d
Appointment of Attorney-In-Fact. The president or any vice president, or any other officer of West Bend Mutual Insurance
Company may appoint by written certificate Attorneys-in-Fact to act on behalf of the company in the execution of and
is
attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer
authorized hereby and the corporate seal may be 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'
9 mrle
be v signatures
valid atu
and re
bind" s or
m upon 9 facsimile
n the co mile se
g p man a al shall
company, and any such power so executed and certified d
facsimile b facsimile
sea/s sfmil
ha// e s'
be valid Y signatures
ld an Lure
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bind' pany an
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writing obligatory in nature to which it is attached. Any such,appointment may be the future with revoked,, foct to any r cause, or without causend or undertaking or ,
by any said officer at any time.
In witness whereof, the West Bend Mutual Insurance Company has caused theseresents
to be sgned
undersigned and its corporate al to be hereto duly attested by its secretary this 1st day af.Ma chi 2009by Its president
Attest �uN........
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4aeJ. Pa 80RPOfigpF:. 'ry ;`b`: Kevin A. Steiner
SEAL
Chief Executive Officer/President
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State of Wisconsin '••�.! Go �,�.:'
County of Washington
On the 1st day of March, 2009 before me personally came Kevin A. Steiner, to me known being by duly sworn, did
depose and say that he resides in the County of Washington, State of Wisconsin; that he is the President of West Bend
Mutual 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.
`I`?P'®U...
..........
!<: 1�A A P 0 f) i
*' NOTARY `:*'s John"F BUwell
.�`. PUBLIC z1 Executive Vice President-Chief Legal Officer
Notary Public, Washington Co. WI
............... '®��;
Op WB�f'•' MY Commission is Permanent
The undersigned, duly elected to the office stated below, now the incumbent in West Bend Mutual Insurance Company, a s
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 15 day of
May
�®. 2017
Dale J. Kent
Executive Vice President
•...•••..' Chief Financial Officer
NOTICE:Any questions concerning this Power of Attorney may be directed to the Bond Manager at NSI,a division of West Bend Mutual Insurance Company 6
8401 Greenway Blvd. Suite 1100 1 P.O. Box 620976 1 Middleton,WI 53562 1 ph (608) 410-3410 1 www.the silverlining.com
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