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Improvement Contract_Fire Station 6 External Stairwell Addition ProjectCity of Dubuque City Council Meeting Consent Items # 15. Copyrighted August 2, 2021 ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Reed Construction for the Fire Station 6 External Stairwell Addition Project. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Fire Station 6 External Stairwell Addition Project Type Supporting Documentation SECTION 00600 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT_ SECTION 00500 FIRE STATION 6 EXTERNAL STAIRWELL ADDITION PROJECT THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 24th day of June 2021 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Reed Construction, (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 FIRE STATION 6 EXTERNAL STAIRWELL ADDITION 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 Bond (Section 00610). 6. Other Bonds: N/A 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2020Edition. 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. Drawings —Sheet No. G1.0 through No. E1.1 (16 pages) or drawings consisting of sheets bearing the following general title: 11. Addenda (number 1 ). 12. Insurance Provisions and Requirements (Section 00700). 13. Sales Tax Exemption Certificate (Section 00750). 14. Site Condition Information (Section 00775). SECTION 00500 Page 2 of 6 15. Construction Schedule and Agreed Cost of Delay (Section 00800). 16. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 to 4 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 00471) 17. 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. a 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 Iowa Code Chapter 573 or Iowa 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 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. SECTION 00500 Page 3 of 6 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 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 Iowa 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 Iowa, 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). SECTION 00500 Page 4 of 6 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. CONSENT DECREE RELATING TO THE PROJECT 14 ❑ THIS CONTRACTOR 12 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 Iowa v. The City of Dubuque, Iowa, 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 Iowa. 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 ConsentDecree. '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.citVofdubuque-org/DOCL)mentCeiiter/HomeNiew/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 SECTION 00600 Page 5 of 6 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 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: I have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. 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: Contractor By: N/A Signature Printed Name Title SECTION 00600 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 $ CITY OF DUBUQUE, IOWA: City Manager's Office Department By- JP Sig ature Michael C. Van Milligen Printed Name City Manager July 26, 20201 Date CONTRACTOR: Reed Construction LLc- Contractor By: 1� Signature Printed Name ii 11 pros Arr%h Title .C) ?_0; � Date ==== END OF SECTION 00600 ==== Ariat we Reed Construction ncipal (hereinafter the "Contractor" City of Dubuque, Iowa, as Obligee (he may be injured by any breach of any o- Two hundred ei ($280,000 ), lawful money of the Unite( be made, we bind ourselves, our heirs, firmly by these presents. contract with the Owner, bearing date tf (hereinafter the "Contract) wherein said following project in accordance with the ( and requirements of said Contract within manner, and in accordance with the Co Fire Station 6 External Stairwell AdHitie BOND #GRIA29619B "principal")and Granite Re, Inc. - , as - , as Surety are held and firmly bound unto the ainafter referred to as -Owner), and to all persons who the conditions of this Bond in the penal sum of ity thousand dollars and zero cents States, for the payment of which sum, well and truly to legal representatives and assigns, jointly or severally, are such that whereas said Contractor entered into a I _24-th day of June I _$2021, ,ontractor undertakes and agrees to construct the )ntract Documents, and to faithfully perform all the terms he time therein specified, in a good and workmanlike :ract Documents. The Contract Documentsfor i CIP# 350-2706 Project detail the following This Project involves the removal of th I internal stairwell and installation of an exterior brick clad stairwell, along with miscellaneous tuck ;ointing, interior wall and mechanical system modifications. It is expressly understood and agreed provisions are a part of this Bond and PERFORMANCE: The Contra, abide by each and every cove Documents, by reference madE harmless the Owner from all o Contractors default of failure t, responsible for the default or fe Documents by all its subconta or providing labor in the perfon the Contractor and Surety in this Bond that the following binding upon said Contractor and Surety, to -wit: for shall well and faithfully observe, perform, fulfill, and ant, condition, and part of said Contract and Contract a part hereof, for the project, and shall indemnify and save Clay and expense incurredby the Owner by reason of the perform as required. The Contractor shall also be lure to perform as required under the Contract and Contract :tors, suppliers, agents, or employees furnishing materials iance of theContract. 2. PAYMENT: The Contractor anils� the Surety on this Bond hereby agreed to pay all just claims submitted by persons, fms, subcontractors, and corporations furnishing materials for or performing labor in the p given, including but not limitea 1-147, juBMT-Trits, oil, gasoline, repairs on machia- ry, equipment, and tools, consumed or usedby the I f, SECTION 00600 Page 2 of 4 91 4. Contractor or any subcontractc contract price the Owner is rec Contractor and Surety shall no claims of said claimants agains established as provided by law obligations and conditions set f reference is made a part heeeo MAINTENANCE: The expense: wherein the same are not satisfied out of the portion of the fired to retain until completion of the improvement, but the be liable to said persons, firms, or corporations unless the said portion of the contract price shall have been The Contractor and Surety hereby bind themselves to the rrth in Chapter 573 of the Iowa Code, which by this as though fully set out herein. and the Surety on this Bond hereby agree, at their own A. To remedy any and all d ects that may develop in or result from work to be performed under the Cont act 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 stalled, 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 Contr ct herein made extends to defects in workmanship or materials not discovered or kno n to the Owner at the time such work was accepted. GENERAL: Every Surety on thiBond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice Rio any extension of time authorized in approved change orders to the Contractor i 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 prig, and that this Bond qhall then be released as to such excess increase; C. To consent without notice Contract is completed, wl an extension thereof, or v and the liquidated damag lat this Bond shall remain in full force and effect until the >ther completed within the specified contract period, within hin a period of time after the contract period has elapsed penalty is being charged againstthe Contractor. SECTION 00600 Page 3 of 4 The Contractor and every Surety on contrary notwithstanding, to the Ulm D. That no provision of this than five (5) years after on this Bond. E. That as used herein, the I way, but shall include the Owner including interest, outlay and expense" wou' expense, all equipment u,, fees (including overhead E expenses of litigation as tt and Surety will defend an Owner on account of Con Contract Documents, that Contract Documents, in al that the Owner will be fulls have been in had the Con In the event the Owner incurs any "ou which the Contractor or Surety should promises given by the Contractor in th orders, or in the enforcement of the pr Contractor and Surety agree that they provided that the Surety's obligation u percent (125%) of the penal sum of th In the event that any actions or proceei the venue thereof shall be Dubuque Cc to enforce the provisions of this Bond o the Owner, the Contractor and the Surf and expense incurred therefor by the O hereunder shall be cumulative and not remedies given to the Owner, by law. T guaranteed hereunder whether action i; joined in any such action(s) or not. Bond shall be deemed and held bound, any contract to the provisions: rid or of any other contract shall be valid that limits to less acceptance of the work under the Contract the right to sue ►hrase "all outlay and expense" is not to be limited in any actual and reasonable costs and expenses incurred by the benefits, and overhead where applicable. Accordingly, "all J include but not be limited to all contract or employee age or rental, materials, testing, outside experts, attorney's xpenses of the Owner's staff attorneys), and all costs and ey are incurred by the Owner. It is intended the Contractor i indemnify the Owner on all claims made against the tractor's failure to perform as required in the Contract and all agreements and promises set forth in the Contract and iproved change orders, and in this Bond will be fulfilled, and indemnified so that it will be put into the position it would .Tact been performed in the first instance as required. iy and expense" in defending itself against any claim as to lave provided the defense, or in the enforcement of the Contract, Contract Documents, or approved change miser given by the Contractor and Surety in this Bond, the vill make the Owner whole for all such outlay and expense, ber this Bond shall not exceed one hundred twenty-five Bond. ings are initiated regarding this Bond, the parties agree that inty, State of Iowa. If legal action is required by the Owner to collect the monetary obligation incurring to the benefit of ty agree, jointly, and severally, to pay the Owner all outlay veer. All rights, powers, and remedies of the Owner Itemative and shall be in addition to all rights, powers, and ie Owner may proceed against surety for any amount brought against the Contractor or whether Contractor is NOW THEREFORE, the condition of th obligation is such that if said Principal shall faithfully perform all the promises of the Princip , as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this btigation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used io this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or tho Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable SECTION 00600 Page 4 of 4 provisions of the Iowa Code; third, if ni construed according to its generally ac, has no generally accepted meaning in construed according to its common or ( defined in the Iowa Code, it shall be interpreted or opted meaning in the construction industry; and fourth, if it ie construction industry, it shall be interpreted or stomary usage. Failure to specify or particularize shall nc)t 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. Witness our hands, intriplicate, this 1 st SURETY COUNTERSIGNED BY: N/A re am Company Telephone Number PRINCIPAL: Reed Construction, LLC Contractor in Signature bra. A Printed Name NOTE: 1. All signatures on this pe signatures in ink; copies, 2. This Bond must be 3. The name and signatu must be exactly as list Bond. day of July 2021. rifle FORM APPROVED BY: Aal -Ala R;qptesentative lbr owrier SURETY: Granite Re, Inc. Surety parry Signature Attorney -in -Fact 'fficer Connie Smith, Attorney -in -Fact Printed Name of Attorney -in -Fact Officer J. Ryan Bonding, Inc. Company Name P.O. Box 465 Company Address Hudson, WI 54016 City, State, Zip Code 800-5 35-0006 Company Telephone Number ce, payment, and maintenance Bond must be original le, or electronic signatures will not beaccepted. with the Surety's raised, embossingseal. of the Surety's Aftomey-in-FactlOffloer entered on this Bond on the Certificate or Power of Attorney accompanying this OF SECTION 00600 ==== GRANITE RE, INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of MINNESOTA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY: JULIA DOUGLAS; CONNIE SMITH; KORY MORTEL, ELIOT MOTU its true and lawful Attorney-in-Fact(s) for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC. through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: MICHAEL J. DOUGLAS; CHRIS STEINAGEL; CHRISTOPHER M. KEMP; KARLA HEFFRON; ROBERT DOWNEY; JULIA DOUGLAS; CONNIE SMITH; KORY MORTEL; ELIOT MOTU may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Assistant Secretary, this 3rd day of January, 2020. pp1TE R!/ vP ,puowr NC � — syEen L STATE OF OKLAHOMA ) Kenneth D. Whittin ton, President ) SS: /G COUNTY OF OKLAHOMA ) Kyle P. McDonald, Assistant Secretary On this 3rd day of January, 2020, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC. Company and Kyle P. McDonald, Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the Assistant Secretary of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Assistant Secretary, respectively, of the Company. My Commission Expires: ?PHs°J% April 21, 2023 Commission #: 1 1003620 4�>q�; J Notary Public GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Assistant Secretary of Granite Re, Inc., a Minnesota Corporation, HEREBY CERTIFIES that the following resolution is a true and correct excerpt from the July 15, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Assistant Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." IN ITNESS WHEREOF he undersigned Aas subscribed -this Certificate and affixed the corporate seal of the Corporation this day of 20 11A Pp1TE RF,/ iiii 17-,Ic w„... GR0800-1 , h Kyle P. McDonald, Assistant Secretary