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Improvement Contract/Bond_Midwest Concrete, Inc._NW Arterial/Pennsylvainia/Right-Turn Lane Project Copyrighted J une 3, 2019 City of Dubuque Consent Items # 20. ITEM TITLE: ImprovementContracts / Performance, Paymentand Maintenance Bonds SUMMARY: Drew Cook& Sons Excavating, Co. for the 2019 Asphalt Overlay Ramp Project One; Giese Roofing Companyfor the Historic Federal Building Roof Restoration Project; Midwest Concrete, I nc. for the NW Arterial/Pennsylvania Avenue Right-Turn Lane Project and the 2019 Asphalt Overlay Ramp Project Two; Top Grade Excavating, Inc. for the Creek Wood Drive Storm Outlet Repair; Tschiggfrie Excavating for the Sanitary Manhole Reconstruction Project 2019. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Drew Cook& Sons Contract and Bond Supporting Documentation Giese Roofing Contract and Bond Supporting Documentation Midwest Concrete Contract and Bond (NW Arterial) Supporting Documentation Midwest Concrete Contract and Bond (2019 Asphalt Supporting Documentation O�rlay Two) Top Grade E�avating Contract and Bond Supporting Documentation Tschiggfrie E�avating Contract and Bond Supporting Documentation SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 NORTHWEST ARTERIAL - PENNSYLVANIA AVENUE RIGHT TURN LANE PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 10t"day of Mav, 2019 between the City of Dubuque, lowa, 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: CQNTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the Northwest Arterial - Pennsvlvania Avenue Riqht Turn Lane Proiect (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 [3ond (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 lowa Statewide Urban Design and Specifications (SUDAS) 2017 Edition. 8. CITY OF DUBUQUE Supplemental Specifcatior�s 2017 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. l 10.Special Provisions included in the project Contract Document Manual. � 11.Drawings Sheet No. A.01 through No. S.06 (83 pages) or drawings consisting of sheets bearing the following general title: All exce t N. 06 12.Addenda (numbers 1 to 1 , inclusive). 13.Insurance Provisions and Requirements (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). SECTION 00500 Page2of6 15.Site Condition Information (Section 00775). 16.Construction Schedule and Agreed Cost of Delay (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 1 to 10 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. iii. 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 iri connectior� 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 lowa Code Chapter 573 or lowa 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 Page3of6 for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 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 C�ntract 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 lowa 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) vears. 13. The Project must be constructed in strict accordance with the requirements of the laws of the State of lowa, 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 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 SECTION 00500 Page4of6 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. 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 lowa v. The City of Dubuque, lowa, 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 lowa. 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 I�t1�:11www.citvofdubuque.vrqlDocumentCenterlHamelView13173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any SECTION 00500 Page 5 of 6 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: 1. I have received a copy of the Consent Decree in the case of The United States of America, and the State of lowa v. The City of Dubuque, lowa, 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 lowa. 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: N/A Contractor BY�- C�s�S� �:u_���� Si natur � ��� , Printed Name TT P��;��� Title Date S�CTION 00500 Pa�e6of6 THE CITY AGREES: 15. Upc�n th�; complelion of tt�� Contr�ct, arid the �ccent�nce c�f the Project k�y the City Couricil, arid subj�ct to the requirements c�f 1�3w, th� City �c�re�s to p�y the Cor�tr�ctc�r as f�all ec�mK�eris�tion fc�r the enr��plete perform�nce c�f thi� Contrac;t, the amo�int c�Ptermined for the toi�l work completed �t th� price(s) stated ir� the Contra�tc�r's Bici Prapos�l and IP�s �ny Ac7reed Cost of Delay provideei for in the Contr�ct Do�umPnts. CONTR�CT AMOUNT $ 340,575.10 CITY OF DUBUQUE, IOWA: ��M�er's Qffice Dep�rtrnent By: ��. Sign�t F, NJjchael C. Var� Milligeri Printecl Name City Manaaer Tille � � � D�ate CONTRACTOR: Miclwest Concrete Inc. C�nUactc�r By: � Signatu, Rya�S�c�te� - - PrintE�d Name �r�,i�' 1��ciF; r��are -_�= END OF S�CTION 00500 =-_- TABLE OF INFORMATION SHOWING BIDDERS PRE-BID TARGETED SMALL BUSINESS (TSB) CONTACTS Form 730007wd 07-57 Contractor («a^;i z: iii Project# County ar 1�s ''s'e t4i 0j-- it• I City i_' -r %% '; 'vte✓ I() fi:to..f TARGETED SMALL BUSINESS (TSB) Aj - PRE-BID CONTACT INFORMATION (To Be Completed By All Bidders Per The Current Contract Provision) Page # In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. Total dollar amount proposed to be subcontracted to TSB on this project $ List items by name to be subcontracted: SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YES/NO DATES CONTACTED YES/NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED { o r NO '12 . t Gi�i � fAi H. 1� i t `)'f'',\I r -. C LI Z (7 "IGI N• `-I 2 f`-) 1\1.,;, , Form 730007wd 07-57 Contractor («a^;i z: iii Project# County ar 1�s ''s'e t4i 0j-- it• I City i_' -r %% '; 'vte✓ I() fi:to..f TARGETED SMALL BUSINESS (TSB) Aj - PRE-BID CONTACT INFORMATION (To Be Completed By All Bidders Per The Current Contract Provision) Page # In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. Total dollar amount proposed to be subcontracted to TSB on this project $ List items by name to be subcontracted: SECTION 00400 Page 1 of 5 UNIT PRICE BID PROPOSAL FORM = SECTION 00400 PROJECT: Northwest Arterial - Pennsylvania Avenue Right Turn Lane Project City of Dubuque BID TO: Office of the City Clerk City Hall W. 13th Street Dubuque, lowa 52001 BID FROM: �; ,'1b": tS-� �C.v7:_ s t���R:.. � t"�i.. . (CompanY) ,�s :•; � �_. (�;�:�.� v .,,,�",4.�.;�. t'_t:'�. . (Street Address) _j 4�': �w `'�'�;��� "� L�� `-�;��:;�:�.,? (City, State, Zip) ;,;,�, ,_, . <.',a...�;--... �;�i�-��-t (Telephone) 400.1 General The undersigned Bidder agrees, if the Bid is accepted, to enter into an Contract with the City, in the form i.ncluded in the Contract Documents, to perform and furnish the Work as specified or indicated in the Contract Documents for the Total Bid Amount and within the Bid time indicated in the Contract Documents and in accordance with other terms and conditions of the Contract Documents. 400.2 Recitals In submitting this Bid, Bidder represents, as more fully set forth in the Public Improvement _ Contract, that: a. This Bid will remain subject to acceptance for forty-five (45) calendar days after the day of E3id opening; b. The City has the right to reject this Bid and to waive any informalities in the Bidding; c. Bidder accepts the provisions ta the Instruetions to Bidders regarding dispositions of Bid Security; d. Bidder will sign and submit the Public Improvement Contract with the Bond and other documents required by the Contract Documents within ten (10) calendar days after the date of City's Notice of Award; SECTION 00400 Page 2 of 5 The Bidder hereby certifies that the Bidder is the only person or persons interested in this proposal as principals; that an examination has been made of the plans, specifications, contract form, including the special provisior� contained herein, and the work site, and the Bidder undErstands that the quantities of�vark shown �erein are approximate only and are subject to increase or decrease. The measured �n�t quant�ty of any item stated in the plans, specification, or ori the bid proposal form are appre��cErr�ate o�ly and the final payment must be made by the work covered in the contract (P�blcc impravement Contract - Section 500). The Contractor furth�r understands that all quantities �f vuQrk, whether increased or decreased, are to be performed at the Unit Prices as stipulated herein; the Bidder proposes to furnish all necessary machinery, equipment, tools, labo� ar�� ot�er means of construction, and to furnish all materials specified in the manner and time pr��c�Fb�d and tQ do the work at the prices herein set out. 4Q0.3 Bidder's Acknowledqment In submitting this Bid this Bidc�er �c�C�t�vuBec�ges a�d represents that: 1) Bidder has examined copies of a1( the Contract Documents; 2) Bidder has visited the Place o� V�Ic��k an� become familiar with the general, local, and site conditions; 3) Bidder is familiar with Federaf, State, ar�d focal laws, ordinances and regulations that govem tl�e work specified by the Co€�t�act Docurnents; 4) Bidder has correlated the inforrreat�a� k�e�wn to the Bidder, observations obtained from the examination of the site, reports a�td drauvings identified in the Contract Documents and additional investigations, explara#ians, tests, studies and data within the Cor�tract Documents 5) This Bid is genuine and n�t ma�e in the i�terest of or on behalf of an undisclosed person, firm or corporation; Bidder h�s n�t derectly ar irrdirectly induced or solicited another Bidder to stabmit a false or sham Bid; Bidc�er has r�at salicited or induced a person, firm or corporatEon to refrain from Bidding; and �ic�der has nc�t sought by collusion to obtain for itself an advantage over another Bie�c�e� �r awe� City; 6) Local and State sales and use �axes are r�ot i�cluded in thP Bid Amount. -- 7) Bidder has examined and ur�dersta�ds tha�the following reports listed in Secfiion OQ775 are p�rt �f thP Contract Docume��s C�ave b�en considered and are included in the Bid �mount. Report Title N/A �ated Report Title N/A Dated Repart Title N/A Dated SECTION 00400 •rr�E crry or�-� City of Dubuque-Engineering Division ���� �}� Bid Proposal Schedule _ � � R�'t,/�ti�� t��h f����?�i��QU"iE �.1� � A�(nsh��Z�i�>cc�on thc�L'1i:si.tisi����i BIDDERNAME: A�idwestConcretelnc. DATE: 4125/2019 Pko�eCT wawE: Northwest Arterial-Pennsylvania Avenue Right Turn Lane Project NUMBER RNUMBERE �DITEMDESCRIPTION QUANTITY UNIT UNIT RICE TOTALPRICE_ Division 21-Earthwork,Suhgrade,and Subbases 1 2102-0425070 Special BackfiU(T) 458.85 TON $25.00 $11,471.25 2 2102-2713070 Excavation CI 13,RdwyB Borcow 716.00 CY $27.00 $19,332.00 3 2105-8425005 Topsdi Fu�sh&Spread 3225 CY $50.00 $1,612.50 4 2121-742501U Shid GraMdar. Type A 30.00 TON $25.00 $750.00 Sub Tutal $33,165.75 Division 22-Base Courses 5 2212-0475095 Cleaning Arxl Preoara6on Of Base 0.09 MIIE 510,00�.00 $900.00 6 2213-6745500 RmvlOfCurb ^ 4.Sd STA $70Q.00 _ $3,178.00 7 2274-5145150 Pavt �ifica6on A58.82 SY 56.00 $2.752.92 Sub Total $6.830.92 Division 23-Surface Courses 8 2301 1033090 SM.7 SI' PCC CL C CI. 3-9 In. 308.40 SY $65.00 $20,046.00 9 2303-0000100 NMJ1,Cnmm IvTix(Includes As halt Binder,As Per Plan 28.00 TON $135.p0 _ $3,780.00 70 2303-1031500 HOT MIX ASPHALT STANDARD TRAFFI�,&4SE COURSE,1l2 IN.MIX 204.60 TON 560.53 $12.384.44 1 i 2303-1032500 HOT MUC ASPHALT STANDARD TRAFFIC.INTERMEDIATE COURSE.112 IN.M 93.d0 TON $60.53 $5,653.50 12 230310335� HM1V1 STD TRAFFIC.SURFACE COURSE.t/2 IN.MIX,NO SPEC.FRIC REQ. 93.40 TON $62.53 35.840.30 13 2303-1258284 ASPHALT BINDER.PG 58-28H,HIGH TRAFFIC 23.48 TON $568.00 $13.336.64 14 2303-69UOOU HMAParement les 1.00 LS S1.000.00 $1.000.00 Sub Total $62,040.88 Oivision 2d-Structures 15 2435-0251224 Intaka.Sw-512.24 In. 1.00 EACH $4,000.00 $4,000.00 76 2435-0600010 Ivt�hde Ad'ustrnent,Rfinw 1.00 EACH $750.00 $750.00 17 2435-0600120 Int�ce rAt6ustrnenl,Maiw �_ 1.00 EACH 52.50Q.00 $2,500.00 18 2335-070�20 Can�eclionToF�cis6�lntake 1.Q0 EACH $1,�00.0� $1�0�0.00_ Sub Total $8,250.00 Division 25-Miscellaneous Construction 19 2503-0111Q75 Slortn Sewer Gravity Main.Trenched,HDPE Pipe,151n. i 1,57 LF $ 1�0.00 $ 1,157.00 20 2510-6795850 Removal OF Ppveme�t 370.40 SY S 15.00 5,556.00 21 257 i-6745900 Rmvl Of Sidewaik 249.8Q SY $ 15.00 "� 3,747.00 22 2511-7526004 Sidawalk PCC 4&� 225.86 SY S A5.00 5 10,163.70 23 2511-7526U06 Sidewalk PCC 6 In 36.70 SY 60,00 S 2.202.00_ aa 2511-P528101 Detectt�ble W�ni 5 72,0� SF $ 40.00 $ 2.880.00 25 2512-1725256 Cutb+Guttet PCC 2.5' 459.32 I.F $ 25.00 11,483.00 26 2515-2475006 Drives P�C 61n 6d,69 SY S 55.00 �__ 3,557.95 27 25i5-6745600 RemovalOfPavedDriveway _ 132.20 5Y _$ 10.00 S 1.322.00 28 2524-6765110 Removal Of Type A Sifln 5.00 EACH S 100,00 $ 500.00 29 2524-9276010 Peefor�tad Spuare Steel Tuhe Posls 40.00 I.F _$ 15.00 3 60�A0 30 2524-9275021 Perfonled Squaze Steel Tuhe Post MCFror,Break-Awap Soil Installation 4.00 .EACH $ 110.00 � 440.00 39 2524•8325001 TYp�r1 SiQns Alum_ , 25.00 SF S 30.00 750.00 32 2525-OOW10Q TraFficSi nalixa9ion 1,00 LS � 70.285.00 $ 70.285.00 33 2525-000012Q Remaval0fi Traffic_Sinnalization 1.00 EACH S 3.000.00 $ __ 3,000.00_ 34 2527-92631Q9 Paintad Pavement FA�ici W aterbome Or Solvent 57.86 STA 50.00 $ 2.893.00 35 2527-9263137 PaiMeef Svmbols ArW Leoends Walerborne Or Solvent 12,OQ EACH S 105��U $ 1,260.00 36 252T-9263f80 Pavti�4arkie�gsRmvd 20.30 STA S 45.W $ 913.50 37 2527-926319� Svmbolsal��d Rmvd 6.00 EACH $ 80,00 $ 480.00 38 252&8�d5i10 Tra�'ec�onhd 1.00 LS � 33,0�.00 � 33,000.00 3�J 3528•�+Id5113 F ets 30.00 EACH �80.00 $ 14.400.00 Bid Propos�l Schedule Page 1 of 2 -�—�. SECTION 00400 Ti��crl����`=:-�_ City of Dubuque-Engineering Division ����'��}��i Bid Proposal Schedule J �/ �F, . R�tili?,r[� Fc�� ���anl�:ili+.J��,� ;.;;;?, t ��((iSlt'i}11i'C�'t�il f�li'l�i�l��ISSt�l�tt BIDDER NAM E: Midwest Concrete Inc. DATE: 4125/2019 PRO�eCr NAM e: Northwest Arterial-Pennsylvania Avenue Right Turn Lane Project BID ITEM REFERENCE gID ITEM DESCRIPTION B�� UNIT B�� TOTAL PRICE NUMBER NUMBER QUANTITY UNIT PRICE 40 2533-0980005 Mobilization 1.00 LS $. 25.500.00 $ 25,500.00 41 _2554-0290201 Fire H ranl Pssembl ,Per Plan 1.00 EACH $ 2,000.00 $ 2,000.00 42 2555-0000010 Deliver And Stocknile Salvaped Materiais 1.00 LS $ 2,000.00 2,000.00 43 2599-9999005 ('Each'Item)Water Valve Fixture,Adluslment 1.00 EACH $ 250.00 $ 250.00 44 2599-9999005 'Each'item Remove Handhole 2.00 EACH � 75.00 _$ 150.00 45 2599-9999Q05 'Each'Item Ad ust Handhole 2.00 EACH $ 100.00 $ 200.00 46 2599-9999009 PLinear FeeP Ite�Conduit�Trenched,PVC,T' 122,00 LF $ 2.25 $ 274.5Q 47 2599-9999009 S'Linear FeeP Item)ConduiL Trenchless,HDPE,2"Biack with Red Shipe 220.00 LF $ 17.52 $ 3,854.40 48 2599-999�J020 'Tons'Item 3"Breaker Run 811,tA TON $ 25.00 $ 20,278.50 Sub Total $ 225,097.55 Division 26-Roadside Development 49 2601-2634100 Mulchi 0.08 ACRE $ 15.00OAO $ 1.200.00 50 2601-2636044 Seedin 8 Fertili in Urhan 0.08 ACRE _$ 15,000.00 $ L200.00 51 2602-0000312 Perimeter And Slope Sediment Control Device,12 In.Dia. d65.00 lF $ 5.00 $ 2,325.00 52 2602-0000350 Removal Of Perimeter And Slope Sediment Controi Device d65.00 lF $ 1.00 $ 465.p0 Sub Total $ 5,190.00 Total Bid(Items 1-52) $340,575.10 Ihree hundred forty thousand,five hundred seven five dollars and ten cents (Use Words) Print or Type Totai&d Amount Midwest Concrete Inc. 4/25/2019 Contractor Date .� • ��.�,��Y� l�t.Y�-��v President Sig�ature ��� � Title Bid Proposal Schedule Page 2 of 2 SECTION 00400 Page 4 ofi 5 400.7 Timeliness Bidder agrees that the work shall be Substantialiy Complete and made ready for final payment in accordance with Contract Dacuments no later than the date(s) indicated in Section 00800 — Construction Schedule and Agreed Cost of Delay. 400.8 Additional Documents To Be Submitted With Bid The following additional documents are included and made a condition of this Bid: A. Bid Bond (Section 00450} - or ather approved Bid Security. Accompanying this Bid in a separate sealed envelope is a Bid Bond, cashier's check, or certified check in the penal sum of ten percent (10%) of the submitted Bid. It is understood that the Bid security will be retained in the event a contract is not executed by the Contractor if award is made to the undersigned. If a Bid Bond is submitted it must be executed by the Bidder and acceptable corporate surety. If a Cashier's check or certified check is submitted it must be made payable to the City Treasurer, City of Dubuque, drawn on a bank in lowa or a bank chartered under the laws of the United States. 400.9 Document Submittal Rectuiremen#s bv Apparent Low Bidder If requested by the City Engineer, the apparent low bidder must submit the Contractor Background Information Form (Section 00470/ 00471) to the Jurisdiction Representative within 72 hours after the bid opening. Fai�ure to submit the Contractor Background Information Fo�m by the required deadline may be consider�d justification for the City to determine the Bidder as not responsible. 400.10 Contract Execution The Bidder further agrees to execute a formal contract and Bond, within ten (10) calendar days after the date of the City's Notice of Award. The Bidder also agrees it will commence work on or before ten (10) calendar days after the date of City's Notice to Proceed, and it will complete the work within the specified contract period or pay the Agreed Cost of Delay stipulated in the Contract Documents. 400.11 Questions and Interpretations Failure by the Bidder to request clarification of the Contract Documents during the bidding process does not waive the res�ansibility for comprehension of the documents and performance of the work in accordance with the Contract Documents, Signing of the Bid Proposal Form constitutes the Contractor's certification as implicitly denoting thorough comprehension of intent of the Contract Documents. SECTION 00400 Page 5 of 5 400.12 �ddenda The Bidder acknowledges receipt of the following addenda: ��� ►�, ������ �� � Dated: ��-�„'> ���i Dated: Dated: Dated: 400.13 Sictnatures Contractor: ,, , ,(��, �,�1.. �.�G���'��. :_�'. ��"� � 1'1�. . Dated: ��t� �' �=- - 1�"�3 Contractor Name t;� ti �'.��... ;i��.� ;�, �g ��-��';.(;�,��,� d��.:� , � ( Street(Business Locatio•) Street(Business Location) ...:r � �s .:��-'E.;.. City � �� t•'�� i'� `:> ,�-lr l.. �_ State Zip �/z;� c�� Da#ed: �:_� - E-':,; �`:�i Signature r ��'y' i ..:s<tt������ Title The Bidder's State of 1 v�� �`�- does O / does not (��:) utilize a pe�centage preference for in-state Bidders. The amount of preference is �' percent. -__= END OF SECTION 00400 =__ 1 Midwest concrete Inc. 9835 Cottingham Rd. Peosta, IA 52068-7001 Ph: (563) 845-0947 Fax: (563) 583-1007 midwestconcrete@Vah000.com -TaYY ) Y 1� Bid Documents Sealed Bid for Complete Construction Sealed Bid Northwest Arterial - Pennsylvania Ave. Right Turn Lane Project City of Dubuque April 25, 2019 at 2:00 p.m. SECTION 00450 Page 1 of 1 BID BOND SECTION 00450 We MidwesL' Ccncret�, Inc, aS Principal (Contractor), and west Bend Mutual Insurance Company , as Surety, are held and firmly bound unto the City of Dubuque, lowa (City), in the sum of 'I'�n Percent of ��a amount (10% of 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 zstn day of ��r��. , 2019 for the Northwest Arteriai-Pennsylvania Avenue Riqht Turn Lane Pro'ect (Project). NOW, THEREFORE, if the Principal shalf 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 NQtice of Award, enter into a the Pubiic Improvement Contract with the City, in accordance with the Bid as acce�ted, and give Bond with good and sufficient surety or sureties, as may be required for the faithful perfori�tance 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 wilf 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 a(�ove parties have executed this instrument under their several seals this �sLn day of A���-1 , 2019 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: Midwest Coneret�, Inc:. West Bend Mutual Insurance Compa�y Contract�r Name Surety Narne — By: .+r:��� ,. f`- ,�- �y, ��'� `� �. _. Siq, ature �� Rvan coares Signatu Adam R. Meador Uwner �ltkorney-In-I�act Title Title 1�pri1 �5, 2019 April 2S, 2U19 Date Date -__= END OF SECTION 00450 =___ Midwest Cowcretp hu 9835 Cottingham Rd. Peosta, iA 52068-7001 Ph: (563) 845-0947 Fax: (563) 583-1007 midwestconcrete@yah000.com Bid Documents Sealed Bid for Complete Construction Bid Bond Northwest Arterial - Pennsylvania Ave. Right Turn Lane Project City of Dubuque April 25, 2019 at 2:00 p.m. � , -�. SECTION 00600 Bond No.2408898 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: Thatwe, Midwest Concrete Inc. , as Principal (hereinafter the "Contractor" or "Principal") and West Bend Mutual Insurance Company , as Surety are held and firmly bound unto the City of Dubuque, lowa, 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 Three Hundred Forty Thousand Five Hundred Seventy Five dollars and ten cents. ($340,575.10), 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 10th day of Mav , 2019, (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 Northwest Arterial-Pennsylvania Avenue Right Turn Lane Proiect detail the following described improvements: Construct a new 350-foot dedicated right turn lane along the existing easterly approach on Pennsylvania Avenue which will include; 432 Tons of HMA pavement; 308 square yards of 9-inch doweled PCC pavement; 459 feet of PCC curb and gutter; 262 square yards of PCC.sidewalk; pedestrian ADA access curb ramp improvements; traffic signal modifications, including new mast arm and foundation, new signal heads, wiring and trafFic control equipment. 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: 1. 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 fumishing 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 SECTION 00600 Page 2 of 4 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 lowa 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; 6. 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 lowa. 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 lowa Code; third, if not defined in the lowa 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 SECTION 00600 Page 4 of 4 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. 3002675 � Witness our hands, in triplicate, this 13th day of Mav , 2019. SURETY COUNTERSIGNED BY: Title FORM APPRO BY: Signature of Agent Representativ or Owner Printed Name of Agent SURETY: Company Address West Bend Mutual Insurance Company Surety Comp City,State,Zip Code By, �( � � �� Signature Attorney-in-Fact Officer Company Telephone Number Adam R.Meador PRINCIPAL' Printed Name of Attorney-in-Fad Office,r � TRICOR Insurance Midwest Concrete, Inc. Company Name � Contractor 600 Star Brewery Drive,Suite 110 BY� �'�'� �� Company Address Sig ure ,� r Dubuque,lA 52001 �' r i•-�- ��� ��' � = City,State,Zp Code Printed Name 563-556-5441 Company Telephone Number NOTE: 1. All signatures on this perFormance, payment, and maintenance Bond must be original signatures in ink; copies, fiacsimile, or electr�riic signatures will nn4 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 =___ WEST BEND TIIE SII_VER l_INING'"' �� A MUTUA� INSURANCE COMPANY Bond No. 2aosass POWER OF ATTORNEY Know all men by these Presents,That West Bend Mutual Insurance Company, a corporation having its principal office in the City of West Bend, Wisconsin does make,constitute antl appoint: Adam R Meador 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, provided that no bond or untlertaking or contract of suretyship executed under this authority Shall @XCe2d IIl amOUllt 1h2 SUm Of: Seven Million Five Hundred Thousand Dollars($7,500,000) This Power of Attorney is granted and is signetl and sealed by facsimile untler antl by the authority of the following Resolution adopted by the Board of Directors of West Bend Mutual Insurance Company at a meeting duly calletl and held on the 215�tlay of December, 1999. 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 attesting of bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authoriz.ed hereby and the corporate seal may be affrxed 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 anysuch powerso executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the company in the future with respect to any bond or undertaking or other writing obligatory in nature to which it is attached. Any such appointment may be revoked,for cause,or without cause,by any said officer at any time. In witness whereof,the West Bentl Mutual 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 22ntl day of Se/j'�tember, 2017. �.: �.; •. .J1�)P4�NSU'.. !(✓.o. (�(.�,.G.-�^�-- L�ttest ' ' � �`o'. ��' Christopher C.Zwygart '���'O�O�TF o�• Kevin A. Steiner � T Secretary ��,���"''�I'�"�� Chief Executive Officer/President � �'�mr+4°, �. State of Wisconsin _.. County of Washington On the 22nd day of September, 2017, 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 executetl 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. ,\!`•;;';,,'�:tr�•., ;��,� J�'.�;,u.���s_.�-._ •a . °� �' " Juli A.�I3�enedum .,�. �� :. Senior��orporate Attorney '•:''�,;F,�,�,�ci�';•'� Notaty Public,Washington Co.,WI ��•� My Commission is Permancnt The undersigned,duly elected to the office stated below, now the incumbent in West Bend Mutual 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 antl sealed at West Bend, Wisconsin this �3th day of May 2019 .a��W-iNsu .. �, '44'�,�, ,. �2�C,ORPOf'ih7F n� .;!i�',.. �. �m 5� �f".e'��, i tit— ' -- -� • - - `;��'°N,�, oa`��*, �€eather llunn ' '''T�N" ' Vice President—Chief��inancial Officer Notice: Any questions concerning this Power of Attorrey may�b2 directed to fhe Bond Manager at NSI, a division of West Bend Mutual Insurance Company. 1900 ti. 18��, .Acc. AC'c�t Bcnd,A�'[ 53(195 � ph (262) 33•%-G�+30 � 1-800-23G :i00d � fax(2G2) 338-5058 � w�cw.thcsih�crlining.com