Improvement Contract/Bond_Midwest Concrete, Inc._2019 Asphalt Overlay Ramp Project Two 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
i
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
2019 Asphalt Overlay Ramp Project Two
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 7th day of May, 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:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the 2019 Asphalt
Uverlav Ramp Proiect Two.
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. The lowa Statewide Urban Design and Specifications (SUDAS) 2017 Edition.
7. CITY OF DUBUQUE Supplemental Specifications 2017 Edition.
8. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
9. Special Provisions included in the project Contract Document Manual.
10.Drawings -Sheet A.1 through D.4 (11 pages) or drawings consisting of sheets
bearing the following general title:
2019 Asphalt Overlay Ramp Project Two
11. Any Addenda issued
12.Insurance Provisions and Requirements (Section 00700).
13.Sales Tax Exemption Certificate (Section 00750).
14.Site Condition Information (Section 00775).
15.Construction Schedule and Agreed Cost of Delay (Section 00800).
16.Erosion Control Certificate (Section 00900).
17.Exhibits to this Contract
a. Contractor's Bid
b. Bidder Status Form (Section 00460).
SECTION 00500
Page 3 of 6
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 Contract price but
in no event less than $2,000.00 (Two Thousand Dollars) to the City.
11. The surety on the Bond furnish�d 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) years.
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
Federally assisted programs of the Department of Transportation issued pursuant to
such Act, hereby notifies all bidders that it will affirmatively insure that in any contract
entered into pursuant to this advertisement, minority business enterprises will be
afforded full opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, national origin, sex, age, or disability
in consideration for an award.
SECTION 00500
Page 5 of 6
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as foilows:
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:
Signature
Printed Name
Title
Date
. �
Bond No. 2409859 SECTION 00600
Page 1 of 6
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
r SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Midwest Concrete Inc., as Principal (hereinafter the "Contractor" or "Principal") and
West Bend Mutual Insurance Compan�, 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 One hundred
thirty-nine thousand, nine hundred dollars ($139,900.00), lawful money of the United States,
for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal
representatives and assigns, jointly or severally, firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Owner, bearing date the 2nd day of May, 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 The Asphalt Overlay Ramp Project Two detail the
following described improvements:
Replacement of thirty (30} corner access ramps in conjunction with the Public Works
Asphalt Overlay program at the following locations:
14a. Alpine Street and 3�d Street, Northwest corner, dual ramp, perpendicular to both streets
14b. Alpine Street and 3rd Street, Northeast corner, dual ramp, perpendicular to both streets
14c. Alpine Street and 3�d Street, Southwest corner, dual ramp, perpendicular to both streets
14d. Alpine Street and 3�d Street, Southeast corner, dual ramp, perpendicular to both streets
15a. Alpine Street and Langworthy Street, Northwest corner, single ramp, perpendicular to Langworthy
Street.
15b. Alpine Street and Langworthy Street, Northeast corner, single ramp, perpendicular to Langworthy
Street.
15c. Alpine Street and Langworthy Street, Southwest corner, dual ramp, perpendicular to both streets
15d. Al�ine Street and Langworthy Street, Southeast corner, dual ramp, perpendicular to both streets
16a. Alpine Street and Solon Street, Northwest corner, singie ramp, perpendicular to Solon Street.
16b. Alpine Street and Solon Street, Northeast corner, single ramp, perpendicular to Solon Street.
16c. Alpine Street and Solon Street, Southwest corner, dual ramp, perpendicular to both streets
16d. Alpine Street and Solon Street, Southeast corner, dual ramp, perpendicular to both streets
17a. Alpine Street and Reeder Street, Northwest corner, single ramp, perpendicular to Reeder Street.
17b. Alpine Street and Reeder Street, Southwest corner, singie ramp, perpendicular to Reeder Street.
18a. Langworthy Street and Ailey between Alpine and Nevada Street, Northwest corner, single ramp,
perpendicular to Alleyway.
18b. Langworthy Street and Alley between Alpine and Nevada Street, Northeast corner, single ramp,
perpendicular to Alleyway.
19a. Langworthy Street and Nevada Street, Northwest corner, duai ramp, perpendicular to both streets
SECTION 00600
Page 2 of 4
19b. Langworthy Street and Nevada Street, Northeast corner, dual ramp, perpendicular to both streets
19c. Langworthy Street and Nevada Street, Southwest corner, dual ramp, perpendicular to both streets
19d. Langworthy Street and Nevada Street, Southeast corner, dual ramp, perpendicular to both streets
20a. Langworthy Street and Alley between Nevada and Booth Street, Southwest corner, singie ramp,
perpendicular to Alleyway.
20b. Langworthy Street and Ailey between Nevada and Booth Street, Southeast corner, single ramp,
perpendicular to Alleyway.
21a. Solon Street and Nevada Street, Northwest corner, dual ramp, perpendicular to both streets
21b. Solon Street and Nevada Street, Northeast corner, dual ramp, perpendicular to both streets
21c. Solon Street and Nevada Street, Southwest corner, dual ramp, perpendicular to both streets
21d. Solon Street and Nevada Street, Southeast corner, dual ramp, perpendicular to both streets
22a. Solon Street and Alley between Nevada Street and Booth Street, Northwest corner, single ramp,
perpendicular to Aileyway.
22b. Solon Street and Alley between Nevada Street and Booth Street, Northeast corner, single ramp,
perpendicular to Aileyway.
22c. Solon Street and Aliey between Nevada Street and Booth Street, Southwest corner, singie ramp,
perpendicular to Aileyway.
22d. Solon Street and Alley between Nevada Street and Booth Street, Southeast corner, single ramp,
perpendicular to Alleyway.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the foliowing
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 shali 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 furnishing materials
for or p�rforming labor in the performance of the Contract on account of which this Bond is
given, including but not limited to claims for ail amounts due for labor, materials, lubricants,
oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the
Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the
contract price the Owner is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
established as provided by law. The Contractor and Surety hereby bind themselves to the
obligations and conditions set forth in Chapter 573 of the 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:
SECTION 00600
Page 3 of 6
A. To remedy any and all defects that may develop in or result from work to be
performed under the Contract Documents within the period of two (2) year(s) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship, equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the
aggregate, involve an increase of more than twenty percent (20%) of the total contract
price, and that this Bond shall then be releas�d 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:
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
SECTION 00600
Page 4 of 4
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, jointiy, 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 faithfuliy
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 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.
SECTION 00600
Page 5 of 6
Project No. 2501227-2
Witness our hands, in tripiicate, this lotn day of MaY , 2019.
SURETY COUNTERSIGNED BY: Title
FORM APPR D BY:
Signature of Agent
Representativ for Owner
Printed Name of Agent
SURETY:
Company Address
West Bend Mutual Insurance Company
Surety Co pany
City, State,Zip Code �
By:
Si ature Attorney-in-Fact Officer
Company Telephone Number adam R. Meador
Printed Name of Attorney-in-Fact Officer
PRINCIPAL:
TRICOR Insurance
Midwest Concrete, znc. CompanyName
Contractor
600 Star Brewery Drive, Suite 110
By� ,� Company Address
Sig ture
y�� Dubuque, IA 52001
i� � �Q� �-s City, State,Zip Code
Printed ame
563-556-5441
Company Telephone Number
NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be originai
signatures in ink; copies, facsimile, or electronic signatures wiil not be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
___= END OF SECTION 00600 =___
:
WEST BEIlID TFiL SILVCR LINING'°
��� A MUTUAL INSURANCE COMPANY
B011d NO. 2409859
POWER OF ATTORNEY
Know all men by these Presents,That West Bend Mutuai Insurance Company,a corporation having its principal office in the City of West
Bend,Wisconsin does make,constitute and 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 arid deed any and all bonds,
undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executetl under this authority
Shall 2XCG2d IIl amOUtlt the Sum Of: Seven Million Five Hundred Thousand Dollars($7,500,000)
This Power of Attorney is granted and is signed and sealed by facsimile under 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 21 S'day of December,
1999.
Appointment ofAttorney-ln-Fact. l'he president or any vice president,or any other officer of West Bend Mutual Insurance
Company may appoint by written certificate Attorneys-ln-Fact to act on behalf of the company in the execution of and attesting of
bonds and undertakings and other written obligatory instruments of like nature. The signature of any officer authorized hereby
and the corporate seal rnay be affixed by facsimile to any such power of attorney or to any certificate relating therefore and any
such power of attorney or certificate bearing such facsimile 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,jor cause,or without cause,by any said officer at any time.
In witness whereof,the West Bend 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 22nd day of Se tember,2017.
i .: ; , .j1�P'i.iris� ., �,� �.�—
Attest . .� �`o.
Christopher C. 7wygart _�'�pO�OR'4TF �,'• Kevin A. Steiner
Secreta �9 ��"'AI'�,p�, Chief Executive Officer/President
i
��',���'1DN��, ,�2:
State of Wisconsin .._...
County of Washington
On the 22nd tlay 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 executed the above instrument;that he knows the seal of the said corporation;that the seal
affixed to said instrument is such corporate seal;that is was so affixed by order of the board of directors of said corporation and that he
signed his name thereto by like order, ,r', I " ;r�j''�/y�����.,�m
._'Jq`'``t4r•r,�.ri., ��F1'�"' -��•f�'l� tP""
> �
; N,_'.ur,= ' Juli 1�. nedum
,�. ��i�r,.�:c �. Senior orporate Attorney
�,''<;;F,�,s���`'�:•'. Notaty Public,Washin�ton Co.,WI
'���� My Commission is Perinanent
The undersigned,duly elected to the office statetl 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 and sealed at West Bend, Wisconsin this 10th day of May 2019
.JqJPL INSU'-.,
�. �1'c:._
:�°�,ditPORAtF� �:r. ,;,r'� � -..
'�� ��',��, h �' �
`:�TNy �t�, Heathcr Dunn
� �Ojn"� �` Vice President—Chief Financial Officer
Notice: Any questions concerning this Power of Attorney may be directetl to the Bond Manager at NSI, a division of West Bend
Mutual Insurance Company.
1900 S. 18�h .1vc. A�'cst Rcn�,A�'I 53095 � ph (2(,2.) 33�d-G-130 � 1-8017-2�G-500�� � fax(2G2) 338-5058 � w�vw.thcsilvcrlining.com