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Signed Contract_Drew Cook & Sons Excavating Co., Inc.City of Dubuque City Council Meeting Consent Items # 14. Copyrighted July 6, 2021 ITEM TITLE: Signed Contract(s) SUMMARY: Boys and Girls Club Facility Use Agreement; Drew Cook & Sons Excavating Co. I nc. for the Dillon Street Drain Tile Project 2021; Agreement with Nicholas J. Edwards, MD to act as the Medical Director for the City's Fire Department Emergency Medical Services Division; Tschiggfrie Excavating Co. for the 2021 Asphalt Overlay Ramp Project Four; SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Boys and Girls Club Facility Use Agreement Supporting Documentation Dillon Street Drain Tile Project 2021 Supporting Documentation Agreement with Nicholas J. Edwards, MD Supporting Documentation Medical Director Contract Memo Staff Memo 2021 Asphalt Overlay Ramp Project Four Supporting Documentation SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 KNOW ALL BY THESE PRESENTS: That we, Drew Cook & Sons Excavating Co. Inc. , as Principal (hereinafter the "Contractor" or "Principal") and TMr Insurance Company as Surety are held and firmly bound unto the City of Dubuque, Iowa, 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 fifty-three thousand three hundred seventy-seven and fiftv cents ($53,377.50), 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 9th day of June 2021, (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 Dillon Street Drain Tile Project 2021 detail the following described improvements: DILLON STREET DRAIN TILE PROJECT 2021 The purpose of this project is to reduce icing and storm water issues on Dillon Street in the City of Dubuque. This project will include the installation of approximately 505 LF on the west side and 440 LF on the east side of 6" solid drain tile and 4" perforated drain tile in the same trench. There are 15 outlet tie-in locations to connect the 6" solid tile with 4" solid tile. Also included is the removal and replacement of two single grate intakes near Dillon street and the York street intersection. Additionally, approximately 550 LF of continuous curb and gutter on the west side and 115 LF of curb and gutter spot repair on the east side of Dillon street is required. Driveway approach and sidewalk walk out replacement will need to occur in impacted areas. Asphalt street patching will be done by the City. 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: 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. SECTION 00600 Page 2 of 4 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 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 Iowa 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; 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 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. SECTION 00600 Page 3 of 4 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 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 Iowa. 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. SECTION 00600 Fage4of4 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 Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. 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. 7201354 Witness our hands, in triplicate, this 17th SURETY COUNTS* I GI ED BY: Sigpat_reof Ag6n, John L Goodmann Panted Name of Agent 2774 University Ave Company Address Dubuque IA 52001 City, State, Zip Code 563-556-3232 Company Telephone Number Printed Name NOTE: day of June , 2021. Title FORM APPROVED BY: Representative for Owner SURETY: IMT It Attorney -in -Fact Officer E. Goodmann Printed Name of Attorney -in -Fact Officer IMT Insurance Company Company Name P 0 Box 1336 Company Address Des Moines, IA 50306 City, State, Zip Code 800-274-3531 Company Telephone Number 1. All signatures on this performance, payment, and maintenance Bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This Bond must be sealed with the Surety's raised, embossing seal. 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 =___ IMT • INSURANCE POWER OF ATTORNEY No. 98555 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa, and having its principal office in the City of West Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint John E. Goodmann and Barton P. Brown of Dubuq"e and State of Iowa its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under- takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Three Million and No/100 ($3,000,000.00) Dollars and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of IMT Insurance Company, and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of IMT Insurance Company on December 18, 1998. ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con- tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements. ARTICLE VIII, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By -Laws. Such facsimile signature and seal shall have the same force and effect as though manually affixed. In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to be hereto affixed, this 20th day of August 12020 IMT IranceCo pany � Sean Kennedy, President. . WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED LOGO. STATE OF IOWA ss: COUNTY OF DALLAS On this 20th day of August 2020 , before me appeared Richard Keith, to me personally known, who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines, Iowa, the day and year f -t nhnva ­ritta tiPat 40 TAMI M SODA -GOOD a Commission Number $16649 z My�Com iss' n Expires /pydP Notary Public, Dallas County, Iowa CERTIFICATE I, Dalene Holland, Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect. 17 tl1 In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on day of J"une , 2021 Dalene Holland, Secretary SY 06 06 (12/19)