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•
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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
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NO
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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