Contract/Bond_Robinson Brothers Environmental for MFC Hazardous Building Materials Removal Copyrighted
November 18, 2019
City of Dubuque Consent Items # 21.
ITEM TITLE: ImprovementContracts / Performance, Paymentand
Maintenance Bonds
SUMMARY: Robinson Brothers Environmental, Inc. for the Multicultural
Family Center Hazardous Building Materials Removal
Project; Temperley Excavating, Inc. for the Bowling and
Beyond Site Foundation Removal Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve
ATTACHMENTS:
Description Type
ContracVBond - Robinson Brothers Environmental, Inc. Supporting Documentation
ContracVBond - Temperly E�avating, I nc. Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
MFC Hazardous Building Materials Removal Project
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 18�' day of October , 2019 befinreen the City of Dubuque, lowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City), and
Robinson Brothers Environmental, 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 MFC
Hazardous Buildinq Materials Removal 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, and Payment Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. N/A (Bond Name) (pages_to _ , inclusive).
7. The lowa Statewide Urban Design And Specifications (SUDAS) 2017 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2017 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10.Special Provisions included in the project Contract Documents Manual.
11.Addenda (numbers 1 to 1 , inclusive).
12.Insurance Provisions and Requirements (Section 00700).
13.Sales Tax Exemption Certificate (Section 00750).
14.Site Condition Information (Section 00775).
15.Construction Schedule and Agreed Cost of Delay (Section 00800).
16.Erosion Control Certificate (Section 00900).
17.Exhibits to this Contract (�numerated as follows):
a. Contractor's Bid (pages 1 to 4 inclusive).
b. Bidder Status Form (Section 00460).
SECTION 00500
Page 2 of 6
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00471)
ii.
iii.
18.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. 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 in connection with
the perFormance of this Contract and for a longer period if such claims are not adjusted within
that thirty (30) day period, as provided in 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 damag�s to persons or property arising through the prosecution of the work and
such sums will be held by the City until such claims have been settled, adjudicated or
otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City.
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
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 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) 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 Starrdards 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 4 of 6
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 AI'PLICABLE.
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
http.//www._city_ofdubuque_org/DocumentCenter/Home/View/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of
all documents, reports, data, records, or other information (including documents, records, or other
informatian 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, repaits, analytical dafia, or other information required to be
maintained under the Consent Decree. At the conclusion of the information-retention period, the City
must notify the United States and the State at least ninety (90) Days prior to the destruction of any
documents, records, or other information subject to such requirements and, upon request by the United
States or the State, the City must deliver any such documents, records, or other information to the EPA
or IDNR.
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 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:
Not Applicable
By:C���, � /�M.ew)
Signature
�. �.���� � . '� y� Gc�
Printed Name
���.,��� �
Title
ID ' �zl� �9
Date
SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 29 950.00
CITY OF DUBUQUE, IOWA:
Cit Mana er' Office
Department ,,
�, .,
By: �
Signature
Michael C. Van Milligen
Printed Name
City Manager
Title
� �
Date
CONTRACTOR:
R�hins�n Rr�t�Zers Envirnnmental,Inc.
Con r `
By: �
Sign ture
�
� � C
Printed Name
� �� �����
Title �
� �" �,.1' �
Date
___= END OF SECTION 00500 =___
. �
SECTION 004Q1
�'age 1 �f�
LUMP SUM BID PROPOSAL FORM
SECTION 00401
PROJEC7: MFC Hazardous Building Materials Removal Pro��ct
1101 Central Avenue, Qubu�ue, lowa
BID 1`O: Engineering Departm�nt �ffice
City Hall —2"� Ffoor
Dubuque, lowa 52001
BID FROM:
Robinson �rothers Environmental, lnc {Company)
220 Raemisch Raad ___ (Street Address)
Waunakee, WI 53597 _ (City, State, Zip)
6�5-849-2632 (7elephon�}
401.1 General
The undersigned Bidder agrees, if the Bid is accepted, ta enter into a C;onfract with th� City, ii�
the form included in the Gontract Documents, to perform and furnish the Wark as specified or
indicated in the Contract Doc�ments for the Base Bid L�mp Sum Price and within the Bid time
indicated in #he Contract Documents and in �ccordance with ather terms and conditions of the
Contract �ocuments.
401.2 €��c6tals
In submitting this Bid; Bidder represents, �s more fuily s�t forth in the Pubiic Impravement
Gontract, that:
a. This Bid will remain subject to acceptance for forty-five (45) calendar days after the
day of Bid opening;
b. The City has the right to reject this Bid anci to waive any infnrmal�ties in th� bidding;
c. Bidder accepts the provisians to the lnstructions to �idd�rs regarding dispositions of
Bid Security;
d. Bidder will sign and submit th� Public Improvement Cnnfiract with the Bond ar�d
other docum�nts required by fihe Contract Documents within ten (10) calendar days
after the date of City's Notice of Award;
'The Bidder hereby certifies that they are the �nly persan ar persons interested iri this proposai
as principals; that an examin�tion has been m�de of fihe pians, specifications, contract form,
including the special provision cont�in�d herein, �nd the work site. and the C3idder understands
that the quantities of work shown herein are approxi►�ate only and �re subj�ct to incre�se or
d�creas�; ���d further uncierstands that �II t�uantities of w�rk, whether incre�sed or decr��sPd,
are to be performed at the lump sw� price as stipulated here�n; th� t3idder propos�s to ftarnish
�II ►�ec.es5ary machin�ry, t�qui�rn�rit, taols, I�k�or�nd otlz�r me�ns of consiri�ction. �r��d t�
I
SECTION 00401
F'age 2 of 4
furnish all materials specified in the manner and time �r�scribed and to do the wark at the
prices herein set out.
40�1.3 Bidder's Acknowied�ment
In submitting this Bid this Bidder acknowledges and represents that:
1) Bidder has examined copies of ail the Contract Documents;
2) �idder has visited the Place of Wark and become familiar with the general, loca{,
and site conditions;
3) Bidder is familiar with federal, State, and locai i�ws, ordinances and regulatic�ns
that govern the work specified by the Contract Documents;
4} Bidder has correlated the information known to the Bidder, observ�tions obtained
from the examination of the site, reports and drawings identified in the Cantract
Documents and addition�l investigations, explorations, tests, studies and data
within the Contract Documents;
5) 1`his Bid is genuine and not made in the interest of or on beh�ifi of an undisclased
person, firm or corporation; Bidder has rrot directly ar indirectly induced or
soficited another Bidder to submit� false or sham Bic�; �idd�r h�s not solicited nr
induced a person, fiirrn ar corporation to refrain from Bidding; and Bidder has not
sought by collusion to obtain far itself an advantag�over another L3idder or over
City;
6} Loc�l and State sales and use taxes are not included in the Bid Amount.
7) Bidder has examined and understands that th� fallovuing reports listed in Section
00775 are part of the Contract Documsnts h�vP k�een c�nsidereci ancl �rp
includec� in the Bid Amount.
HRGreen - Hazardous Materials Surve Re ort— Colts Buildin
1101 Central Avenue Dated: �ecember 15,,�2016 .
401.4 Base Bid Amount
8idder wil! complete th� work in accordance with ihe ��ntract �or.uments for the following:
Lump Sum Base E�id Amount $ 29,9�Q.00 {figures)
Twenty Nine "Ct�ousand Nine Hundred Fiftv Dollars
(use words)
Any written exclusions or� the Bid Form may render the �id as nanresponsive �nd rnay
result in � r�jection of the Bid by the City.
�
�
�
SECTIQN 00441
Page 3 of 4
401.5 Tirneliness
f3idder agrees that the work shail be Subst�ntiaily Complete and made r�ady for fmal payment
in accordance with Contract Documents no later than the date(s) indicated in Section 0080Q �-
Construction Schedule and Agreed Cost of Delay.
401.6 Additionai Documents To Be Submitted With Bid
The following additional ddcuments,are included and made a condition of this Bid:
A. Bid Bond Section {00450)—or other approved Sid S�curity.
Accompanying this Bid in a separate sealed envelope is a �id Bond, cashier's ch�ck, or
certified check in the p�nal sum of ten percent(1 Q%) o#the submitted Bid. It is
understaod that the �id security will be retained in the event a contract is not executed
by the Contractor if award is made to the undersigned. If a F3id Band is submitted it must
be ex�cuted by the Bidder and acceptabie corporate surety. If a Cashier's ch�ck 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 th� United
States.
B. �idder Status Form (Sectioi� 00460)
401.7 C}ocument Submittal Reauir�ments bv Apparent Low Bidder
The apparent {ow bidder must submit th� Cantractor 8ackground Infarmation f�orm (Section
Oq47C1100471) ta the Jurisdiction Representative within 72 hnurs after the bid a��ning. Failure
tn si.ibmit tha (�antract�r Ba�;kr�rc�und lnfiormation Fnrm hy�the req�ired d��dline may be
considered justification for the City to determine the �idder as not responsible.
40'1.8 Contract Execution
The Bidder furth�r agrees to exec�te a formal contract and Bond, withir� ten (10) calendar days
after the date of the City's N�tice of Award. The Bidder also agrees it will commence work on
ar before (1 Q) calendar days after the date of City's Notice to Proceed, and it will complet� the
work wi#hin the specified contract period r�r pay the Agreed Cost of Delay st�pulated in th�
�antr�ct �ocuments.
401.9 Questions and interpretations
Failure by the Bidder t� request clariiication �f the Contract Documents during the biddisic�
process do�s not waive the responsibility fot�compreh�ns�on of the documei�ts and
p�rforrY�ance of the wo��k in accordance with thG Cr�nirac:ti ���.urn�rrts. Signir�g of if��� k3ie�
Proposal Form constitutes the Contractor's cE;rtificatio�i as imp�icitly deru�tir�g thc�i�uc�h
Gc>mpr�hensi�n of intent of the ContraGt �oc��ments.
1
SECTION 00401
Page 4 af 4
401.10 Addenda
The Bidder acknowiedges receipt of the foflawing addenda:
Addendum 1 pat��; 10/7/2019
Dated:
Dated:
Dated:
401.11 Si�inatures
Contractor:
Robinson �rothers Environmental Inc Dated: 1�/9/201�
Contractor Name
220 R��misc#� Road ��°°l���,t������di�
Streei{Susiness!_ncatio►�) \�`,<� , ••• /,� ��f �
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t7 .� ,
. .
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Waunakee ' '
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_�����a�,q �, -
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�.__.__�___�_ . .�
Cit�l _ 5359� � _.� � ��
5f te , Zip : c,�` ��'��' :n :
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ti
� .��`7 ��'�,`�4.�G7�fie�1':'��\��Y9/2019
Ji�ficlLUt€' --v '�f�!�!f d i t i 11��,�
Pr si ent
Title
The Bidder's State of Wisconsin does ( ) /does not ( } utilizG a perc�ntage pref�rence
for in-statP Bidders. The amount of prsf�rence is percent.
___= END O�' SECTION 00401 ==__
I
� � 1
SECTION 00460
Pag� 1 of 2
B'rdder Status Form
SECTION 00460
To be�ornpleted bY all Bidders Part A
Please answer"Yes"or'No"far ea�.h of the(uiiowirig:
�(;Yes �-� No My corr�pany is auihorized to transact k�usiness in lowa
(fo help you delarr»ii�e�t ynur cc�rn���jr�y is autlie>rized,pl��se revieU�;he�vork:>hecf f�ia fhe r�exi p.3g�)
j(:Yes �'Ne My canpany has an office tu transact business in lowa.
SC,Yes �No My company's office i�i lowa is s��itabie fnr more tiian receivi��,y i��aii,telepiaone cails and r-�mai{.
�Yes "�No My c<�mpar�y fias bPen conducting business in I�wa for�t leasi 3 years prir�f ta the iirst rf�quesi for t3ids pn lhis
projer,t.
xYes - No (viy company is not a subsidiary of anc�ther business er�tity or my comp�ny is�sub5idiary of��noiher busi!tt;ss entity thai woultl
qualify as a resident Si�tler in lowa.
If you answered"Ye�'for each q�aestion above,your com�any c�u�jlific�s as a re>idc.nl 13idd�r Pi�asc-,c.o�ni�ir-,te
Parts B and I�of this f�rrn.
If yt>u answered"N�'to orie or more quesfions abave,your e:,o{t���ai?y i5 a nc�r� resic9c;nt Bidder. F'leeasc� r;ornpl�te
P�rts G and C.1 af ihiy form.
To be corr�pteted bY all resic�er�f Bidders p��g
My cc�mnany has�1�aintained o�'ices in lowa c�Grinc�tl�e �a�st 3 ye�rs at the fvilpwing �drJresse�;:
D��t�s: 3/15/2015 rc� Pr���� _ �ddr�ss: 200 Windflower Lane
{m�i7Jdd/yyyy) City, State, Zip. SOIOt�� if� __
G�ate�: Go Adciress:
(mn�tdd/yvyy) City, St�te.Zip:
L7�t�s. to Addr�ss.
(�T�inldcllYY��Y1 �ily, State,Zi�a�
Yata may attach adr�itioi���l slaeet(s)if needed.
To be con�pleted bv all non-residenf Bidders Part C
Name of yoiar home state or fnreign country reported to the lowa Secretary of State.
Daes yc�ur cc�mn�ny's home s#ate or foreign country offer��ref�r�nces to�icldc���s tiroho ai�re�idei�ts? :-. Yc,s i-; No
If you�nswered°'Yss°ta questior�2, ic�Pn#ify each preferQnce offPred by your cornpa��y's ria��ne state or f�reign caur�try
anci the appropriat�tegal cik�tior7.
Y'ou n�ay��tt<ac;��adrlitior�al strf�el(s) if neerlE�rl. — .
To be completed by all Bidders Part�
I certify that the:�tairuments made on lhis documenl �rp true a���1 c,�mpl�ie tc�fhe 17est af my ki�a�rlc'dge and I ki�pw
that�7�y fadure tt�provide,�ccur;�te ar{r�teuthful ir�f�rn3atior�rn�y be a re�so�7 tn rLjec;f my Bici.
�=irm N�,,,� binst�n others Environmenta! inc
—` — -
Sig�'»ti�re. �� � �,�f�,,�.�p Uair�. 10/9/2019-- -
P �.�_
You must submit tha corriplete form to the government body reyuesting Bids per 875 lowa Administrativc;C�>de Chant�ar 15G
This Forrn h�s boen appr�vcd by thc Labor Cammissione�
3()�J-ti0D9 02-14
I
SECTION 00460
Page 2 of 2
Worksheet: Au#horization to Transact Business
This worksheei may be used to help complete Part A of the Resident Bidder Status fann If at ieast one ot the foliowing
d�scribes ynur business,yau are authorixed to iransact business in lowa.
X Yes _; No My business is currentfy registered as a contracior with the lowa Division of Labor.
__' Ye� �i No My business is a sole proprietorship and I am an lowa resident for lowa income tax purposes
:_;Yes X' No My business is a general partnership orjoint venture. More than 50 percent of the yeneral partners orjomt
venture parties are residents of iowa for lowa income tax purposes.
X Yes ::. Na My business+s an active corporation w�th the lowa Secretary of State and has paid ail fees required k�y the
Secretary of State, has fled its most recent b€enniai report,and has not filed arlic;les o'dissolutian.
�' Ye5 "� N� My business is a corp�ration wh�se articles of incorporation are filed in a sta►e�ther than lowa,the
corporation has received a�ertificate of authonty frpm the iowa secretai�y of state,has filed its rriosi recent
biennia4 report wiih the secretary ot state,and has neither recefved a ceriificate of withdrawa{froi7�the
secretary of state nor had its authority revoked.
� Yc;:� X' No My business is a limited liability partnership which has filed a statement of qualification in this state and the
statement has not b€�en canceled.
-' Yas JC Nc� My business is a limiied liability partnership wi�ich has file�9 a.�iatement of qual�ficaiion in a st�te other thar�
lowa, has filed a statement of foreign qualification in lowa and a statemenl n{aanceltation has not been filed.
Yes �t: No My business is a limited partnership or limited liability limited partnership which has filed a cerfificate of
iimited partnership in this stafe,and has not filed a statement of terminaUan.
' YFs �� No My business is a limited partnership or a limited liabiliiy limited partnership whos�certificate of fimited
parEnership is filed in a stafe other than lowa,the limited partnership or limiied liability limited partnership
has receiveci notificafion from the lowa secretary o€state that the applicatior�for certificate of authority has
been approved and no notice of canceilation has been filed by th�limiied pa��triership ar the limited liabilify
limited partnership
'�?Yc.s X Ro My t�usiness is a limiied liability com�any whose c.erfificate tif organization is filed in lowa and has not filed a
staternent of terminatiori.
- Yes X No My business is a limited liability company whose certi8cate of organization is filed in a siate other than lowa.
has reGaived a certificate of authority to transact business iri lowa and ihe ceitificaie has not been revoked
or canc,eleci
___= END OF SECTION 40460 =___
Bond No. 1079885 ���� ry r� �o,�
Issued in Triplicate
SECTION 00600
Page 1 of 4
PERFORMANCE, AND PAYMENT BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Robinson Brothers Environmental, Inc., as Principal (hereinafter the "Contractor" or
"Principal") and
The Hanover 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 Twenty-nine thousand, nine hundred fifty dollars ($29,950.00), 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 18th day of October 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 MFC Hazardous Building Materials
Removal Proiect detail the following described improvements:
Remove all asbestos, lead-based paint, mercury, and PCB containing materials identified in the
environmental reports listed in Section 00775 of this Contract Documents Manual. Arrange for
proper disposal of all hazardous materials.
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 furnishing materials
for or performing labor in the performance of the Contract on account of which this Bond is
SECTION 00600
Page 2 of 4
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 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. 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 �uthorized 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.
Th� Contractor an� �every Sur�ty on the Bond shall be deemed and held b�und, any cor�tract 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 two (2) 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.
SECTION 00600
Page 3 of 4
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 accordirig to its generally accepted meaning in fihe construcfiiori in�ustry; �nd 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.
Project No. 360-1976
Witness our hands, in triplicate, this 23rd day of October
,
2019.
SECTION 00600
Page 4 of 4
SURETY COUNTERSIGNED BY: Title
N/A FORM APP ED BY:
Signature of Agent
Represen tive for Owner l-
Printed Name of Agent
SURETY:
CompanyAddress The Hanover Insurance Com��nyr
Surety Company �� '
City, State,Zip Code B .
gnature Att -in-Fact Officer
Company Telephone Number Todd Looker
PRINCIPAL: Printed Name of Attorney-in-Fact Officer^ y
Robinson Brothers Environmental, Inc. The Hanover Insurance Company
Company Name
Contractor �
B . /��� � 440 Lincoln Street
y � Company Address
Signature , Wor�ester MA 01653-0002
��,� � .��`:� 3�•1 City, State,Zip Code
Printed Name 262-317-8045
Company Telephone Number
NOTE:
1. All signatures on this Performance and Payment Bond must be original signatures in
ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bon� must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-FacUOfficer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
___= END OF SECTION 00600 =___
THE HANOVERINSURANCE COMPANY
MASSACHUSETTS BAYINSURANCE COMPANY
CITIZENS INSURANCE COMPANY OF AMERICA
POWER OF ATTORNEY
THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to
the extent herein stated.
KNOW ALL PERSONS BY THESE PRESENTS:
That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY,both being corporations organized and existing
under the laws of the State of New Hampshire,and CITIZENS INSURANCE COMPANY OF AMERICA,a corporation organized and existing underthe laws
of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint,
Todd Looker,Robert E.Flath,Anthony S.Von Rueden,Joseph L.Vigna,Dennis M.Barton and/or Beth Fedyn
Of Robertson-Ryan and Associates of Waukesha,WI each individually,if there be more than one named,as its true and lawful attorney(s)-in-factto sign,
execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds,
recognizances, undertakings, or other surety obligations. The execution of such surety bonds, recognizances, undertakings or surety obligations, in
pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the
Company,in their own proper persons.Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to
bind the Company except in the manner stated and to the extent of any limitation stated below:
Any such obligations in the United States,not to exceed Forty Million and No/100($40,000,000)in any single instance
That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said
Resolutions remain in full force and effect:
RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and
empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety,
any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with powerto
attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they
had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.
RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted
and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Companyto the
same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile.
(Adopted October 7, 1981 —The Hanover Insurance Company;Adopted April 14, 1982—Massachusetts Bay Insurance Company;Adopted
September 7,2001—Citizens Insurance Company of America)
IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 19th
day of April,2017.
The F�an6vee Irssu�anc�Companyr
M4assachusettsBayInsu�anceCnmpany The Flanove�Insurance C�mpany
Citizens Insurance Company af America p`"un�w t Massachusetts Bay Insurance£a`nparsy
/ Citizens Insurance Cnmparsy of America
�e"�' `�' �`�r�� 16V'A � -19W � �� 4.J .,�r f��=�'a..s.wt.rw,�..�
� 1p7i
John C.Roche,E4'P and President James H.Ka�.iecla,�Tice President
THE COMMONWEALTH OF MASSACHUSETTS )
COUNTY OF WORCESTER )ss.
On this 19th day of April,2017 before me came the above named Vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance
Company and Citizens Insurance Company of America,to me personally known to be the individuals and officers described herein,and acknowledged that
the seals affixed to the prer,Pding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and
Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to
said instrument by the authority and direction of said Corporations.
OIAMt J. YA1HIip .
COIIMUI�YY/epy �/�'���k��
���« biane J. a o.Nutnry PuNlic
�
My Commissiun Gxpins Maxch 4.20?2
I,the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of
America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies,and do
hereby further certify that the said Powers of Attorney are still in force and effect.
.�2�'d
GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this/�� day of October, 2019
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