Flood Control Levee Repair Project Contract Award - CIP 7202155City of Dubuque
City Council Meeting
Consent Items # 12.
Copyrighted
August 16, 2021
ITEM TITLE:
Flood Control Levee Repair Project Contract Award - C I P 7202155
SUMMARY:
City Manager recommending that the award for the Flood Control Levee
Repair Project be officially recorded in the minutes of the City Council.
SUGGESTED
Suggested Disposition: Receive and File; Make Matter of Record
DISPOSITION:
ATTACHMENTS:
Description
Type
Flood Control Levee Repair Project Award-MVM Memo City Manager Memo
Project Award Memo Staff Memo
Bid Results letter
Levee Repair Contract
Supporting Documentation
Supporting Documentation
THE C
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Flood Control Levee Repair Project Contract Award - CIP 7202155
DATE: August 6, 2021
Through the competitive quotation process for public improvements, the Flood Control
Levee Repair Project was awarded on June 14, 2021, to Boyle Built Enterprises LLC, in
the amount of $112,885.64, which was 36.4% below the approved construction budget.
Public Works Director John Klostermann recommends that the award for the Flood
Control Levee Repair Project be officially recorded in the minutes of the City Council.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micl4ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
John Klostermann, Public Works Director
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: John Klostermann, Public Works Director
Dubuque
MI -America CIW
2007.2012.2013
2017*2019
SUBJECT: Flood Control Levee Repair Project Contract Award
CIP 7202155
DATE: July 30,2021
INTRODUCTION
The purpose of this memorandum is to officially record the awarding of the Flood
Control Levee Repair project to the low bidder Boyle Built Enterprises LLC of Selma,
Iowa.
BACKGROUND
The fiscal year 2021 Capital Improvement Budget provides for a total of $188,618 for
the repair of the floodwall levee located at the end of Terminal Street.
DISCUSSION
Bid documents and specifications for this project have been prepared by I IW Engineers,
now Origin Design. This project will include repair of the existing flood control levee in
various locations from the start of the levee located at the end of Terminal Street to the
south end of the levee. Bids were opened and read at 2:00 pm on May 25, 2021.
BID RESULTS
On May 25, 2021, the Public Works Department received three (3) bids for the Flood Control
Levee repair project. Below is the list of bids received.
Contractor Total Base Bid
Boyle Built Enterprises LLC
Kueter Equipment Company
Tschiggfrie Excavating
$112,885.64
$158,713.00
$154,919.00
Through the competitive quotation process for public improvements, this project was awarded
on June 14, 2021, to Boyle Built Enterprises LLC of Selma, Iowa, in the bid amount of
$112,885.64.
BUDGETIMPACT
Construction Budget $ 177,618.00
Low Bid $ 112,885.64
The low bid received is 36.4% below the approved construction budget.
This project is funded with monies budgeted specifically for the South Port Levee Repair
Project in the Public Works Department's FY 2021 Capital Improvement Budget: CIP #
7202155.
ACTION TO BE TAKEN
In accordance with the competitive quotation requirements of Iowa Code, Section 26.14,
it is necessary that the award for the South Port Levee Repair Project be officially
recorded in the minutes of the City Council.
Cc: Arielle Swift, Assistant Public Works Director
I
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origin
design"
June 9, 2021
John Klostermann
Public Works Director
City of Dubuque
925 Kerper Court
Dubuque, Iowa 52001
RE: City of Dubuque
Flood Control Levee Repair - 2021
Terminal Street - Maus Park CIP # 7202155
Award Recommendation
Project No.: 19209
Dear John:
In accordance with owner instructions, bids for the Flood Control Levee Repair - 2021 Terminal Street
- Maus Park CIP # 7202155 project were opened and read at 2:00 p.m. on May 25, 2021. Three (3) bids
were received for this project. A tabulation of the bids is enclosed.
After reviewing the bids, it was determined the low bid was submitted by Boyle Built Enterprises LLC of
Selma, Iowa, in the amount of $112,885.64.
Boyle Built Enterprises LLC has the experience, workforce and equipment to properly complete this
contract. We recommend award of the Flood Control Levee Repair - 2021 Terminal Street - Maus
Park CIP # 7202155 project to Boyle Built Enterprises LLC in the amount of $112,885.64.
Sincerely,
Origin Design Co.
� .4 1
Julie Neebel, PE
Transportation Team Leader
Copy: Boyle Built Enterprises LLC
DUBUQUE OFFICE
4155 Pennsylvania Avenue
Dubuque, Iowa 52002
origindesign.com
800 556-4491
City of Dubuque
Flood Control Levee Repair - 2021
Terminal Street - Maus Park
Dubuque,lA
CIP #7202155
Bid Tabulation
Boyd Built Enterprise LLC
Tschiggfrie Excavating
Kueter Equipment Company
NO.
REF NO.
DESCRIPTION
QUANTITY
UNIT PRICE
TOTAL PRICE
UNIT PRICE
TOTAL PRICE
UNIT PRICE
TOTAL PRICE
1
2010-108-D-1
Topsoil, On -site
865
CY
$21.73
$18,796.45
$24.00
$20,760.00
$10.00
$8,650.00
2
2010-108-E-0
Excavation, Class 10
480
CY
$38.43
$18,446.40
$33.00
$15,840.00
$48.00
$23,040.00
3
2010-108-1-0
Subbase, Granular Subbase - Gradation 12a
760
TON
$16.44
$12,494.40
$24.00
$18,240.00
$21.00
$15,960.00
4
IDOT 2528.04-A
Traffic Control
1
LS
$2,500.00
$2,500.00
$13,800.00
$13,800.00
$1,500.00
$1,500.00
5
9010-108-A-1
Seeding, Fertilizing, and Mulching, Type 2
1.9
AC
$1,868.00
$3,549.20
$2,900.00
$5,510.00
$3,500.00
$6,650.00
6
9010-108-A-2
Fertilizing Ac
1.9
AC
$7,373.62
$14,009.88
$120.00
$228.00
$10.00
$19.00
7
9010-108-A-3
Mulching Ac
1.9
AC
$786.48
$1,494.31
$2,900.00
$5,510.00
$10.00
$19.00
8
9010-108-E-0
Warranty
1
LS
$3,500.00
$3,500.00
$1.00
$1.00
$1,500.00
$1,500.00
9
9040-108-A-2
Stormwater Pollution Prevention Plan (SWPPI
1
LS
$1,500.00
$1,500.00
$690.00
$690.00
$1,000.00
$1,000.00
10
9040-108-R-0
Turf Reinforcement Mats
350
SQ
$34.00
$11,900.00
$155.00
$54,250.00
$50.00
$17,500.00
11
9040-108-F-1
Wattles, Wood Fiber, 9"
250
LF
$4.00
$1,000.00
$9.90
$2,475.00
$9.00
$2,250.00
12
9040-108-F-2
Wattles, Removal
250
LF
$2.50
$625.00
$3.50
$875.00
$2.50
$625.00
13
9040-108-0-2
Stabilized Construction Entrance by Ton
40
TON
$43.00
$1,720.00
$36.00
$1,440.00
$25.00
$1,000.00
14
11020-108-A-0
Mobilization
1
LS
$8,750.00
$8,750.00
$9,500.00
$9,500.00
$14,000.00
$14,000.00
15
Spec. Prov.
Railroad Insurance
1
LS
$12,600.00
$12,600.00
$5,800.00
$5,800.00
$65,000.00
$65,000.00
Total Base Bid
$112,885.64
$154,919.00
$158,713.00
City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
CIP # 7202155
THIS IMPROVEMENT CONTRACT (the Contract), made in duplicate, dated for references purposes
the 16th 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 Boyle Built Enterprises
LLC (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 Flood
Control Levee Repair - 2021, Terminal Street — Maus Park CIP #7202155, Dubuque, Iowa
(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) 2020 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2020 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 Document Manual.
11. Drawings consisting of sheets bearing the following general title:
Flood Control Levee Repair - 2021, Terminal Street — Maus Park CIP #7202155,
Dubuque, Iowa
12. Addenda (number 1, inclusive).
13. Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15. Site Condition Information (Section 00775).
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City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
16. Construction Schedule and Agreed Cost of Delay (Section 00800).
17. Erosion Control Certificate (Section 00900).
18. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages 1 to 8 inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to
Notice of Award.
Contractor Background Information Form (Section 00471)
ii. Proof of training required by Special Provisions relative to flagging and other
protection of railroad company traffic and facilities during construction adjacent
and above, on or across, the property of, or on, above and beneath the tracks of
the CN.
19. The following which may be delivered or issued on or after the Effective Date of
the Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be
amended, modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper,
or any of said work condemned as unsuitable or defective, and the same must be replaced
or redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty
(30) days after final completion and acceptance of the Project by the City Council to pay
any claim by any party that may be filed for labor and materials done and furnished 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
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City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
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.
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, orwith 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 orderto 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
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City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
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.
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE
WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION
SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE.
CITY CONTRACTOR
THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION
SYSTEM. THEREFORE THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the
State of 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
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.cityofdubugue.ore/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.
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City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
The Consent Decree also provides that until five (5) years after the termination of the Consent
Decree, the City must retain, and must instruct its contractors and agents to preserve, all non-
identical copies of all documents, reports, data, records, or other information (including
documents, records, or other information in electronic form) in its or its contractors' or agents'
possession or control, or that come into its or its contractors' or agents' possession or control,
and that relate in any manner to the City's performance of its obligations under this Consent
Decree, including any underlying research and analytical data. This information -retention period,
upon request by the United States or the State, the City must provide copies of any documents,
reports, analytical data, or other information required to be maintained under the Consent
Decree. At the conclusion of the information -retention period, the City must notify the United
States and the State at least ninety (90) Days prior to the destruction of any 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.
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City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
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 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.
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: Boyle Built Enterprises L-C, 33837 142"d Street, Selma, IA 52588
/ la v li 13u j ! Gn�r.A 1�4r e1 �C�G�
Con ractor
By:�
Signature
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Printed Name
oh(1 F S f,P/tre 6/s?
Title
3
Nate
Page 6 of 7
City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
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 $ 112,885.64
CITY OF DUBUQUE, IOWA:
DepDep t t
By:
Signature ff
rinted Name
Title
Date
CONTRACTOR: Boyle Built Enterprises LLC
B. V ., £ D/vJa3 .CALF
Contractor
By:
Signature
L//�A,+'41-f 13 S4&.4Y
Printed Name
ST%r�TEdIJT
Title
G&3/92A1
Date
Page 7 of 7
City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
Bond No. 05944246
KNOW ALL BY THESE PRESENTS:
That we,Boyle Byuilt Enterprises LLC, as Principal (hereinafter the "Contractor" or "Principal") and Old
Republic Surety 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 $112,885.64, 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 16th day of June, 2021 (hereinafterthe "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 Flood Control Levee Repair- 2021, Terminal Street — Maus Park CIP #7202155, Dubuque, Iowa
Project detail the following described improvements:
The project consists of supplying and placing embankment material for repairs to the flood levee, erosion
control and landscaping restoration of disturbed areas.
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, forthe project, and shall indemnify and save harmless the Ownerfrom 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 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
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City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
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 Owners reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Owner all outlay and expense incurred as a result of
Contractor's and Surety's failure to remedy any defect as required by this section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or materials
not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change orders to
the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents, authorized
in approved change orders which thereby increases the total contract price and the penal
sum of this Bond, provided that all such changes do not, in the aggregate, involve an increase
of more than twenty percent (20%) of the total contract price, and that this Bond shall then
be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within an
extension thereof, or within a period of time after the contract period has elapsed and the
liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
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
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City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
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.
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.
Page 3 of 4
City of Dubuque, Flood Control Levee Repair - 2021, Terminal Street — Maus Park
Project No. 19209
rf
Witness our hands, in duplicate, this
SURETY COUNTERSIGNED BY:
Signature of Agent
Printed Name of Agent
Company Address
City, State, Zip Code
3tq-3tQz.1-S1g3
Company Telephone Number
PRINCIPAL:
i30"Jl au It eAler k%Ise's 4.4C
Contracctttorr /f
By:�
Signature
&W.cr £ i3 <44vtA V
Printed Name
Title
NOTE:
day of (&J -7—
F M PROVED Y:
��
presentative for Owner
SURETY:
P/al A?4A- G'e- sctceil (60r ""'J
Suret mpany n
Signature Attorney -in -Fact Officer
Lao-e.,` 14.yyl2nea,g�7
Printed Name of Attorney -in -Fact Officer
Company Name
y6>0 / `'f gvt-0-4 SG
C
CompanyAddress I RUIV 6, LIA 52yol
City, State, Zip Code
fq - 5&4, 6l 9 3
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 =___
Page 4 of 4
OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does [Hake, constitute and
appoint
ROBERT L KOLLSMITH, JACQUELINE K. PETERS, DEBORAH D. HAHN, M LYNN KIMBLE. TIMOTHY J FOLEY. JASON D. SMITH, SAMANTHA SPILMAN,
DAVID M. OWEN, JENNIFER LUSE, JAMES M. SMITH, LUKAS SCHRODER. AARON COLLINS, LAURI A MENEOUGH, OF CEDAR RAPIDS, LA
its true and lawful Attorneys)-m-Fact, with full power and authority, for and on behalf of the company as surety, to execute and deliver and affix the seal of the
company thereto (if a seal is required), bonds, undertakings, recognirmces or other written obligations in the nature thereof, (other than bail bonds, bank
depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers
compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung
bonds), as follows:
ALL WRF17EN INSTRUMENTS
and to bind OLD REPUBLIC SURETY COMPANY thereby; and all of the acts of said Attomeys-in-Fact, pursuant to these presents, are ratified and confirmed.
This document is not valid unless printed on colored background and is multi -colored. This appointment is made under and by authority of the board of directors
at a special meeting held on February 18, 1982. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions
adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982.
RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint
attomeys-in-Fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove
any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company
(i) when signed by the president,. any vice president or assistant vice president, and attested and sealed (if a seal he required) by any secretary or assistant
secretary; or
(ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be
required) by a duly authorized attomey-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification there of authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company;and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be
affixed this 25TH day of OCTOBER. 2019.
I OLD REPUBLIC SURETY COMPANY
,.• suii".
Y eLd•� • ___tM_ I� �W1r
As ecretary ' e SEAL
t'o
Piusident
STATE OF WISCONSIN, COUNTY OF WAUKESHA-SS
On this 25TH day of OCTOBER, 201.9 , personally came before me, Alan Pavlic and
Kevin Abitz , to me (mown to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above
instrument, and they each acknowledged the execution of the more, and being by me duly swam, did severally depose and say; that they are the said officers of the
corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
r
a+ '�/ • -L�—
tl.
Notary Public
My commission expires: 9/28/2022
CERTIFICATE (Expiration of notary commission does not invalidate this instrument)
tithe undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power
of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in
force.
40-5006,,.,•.,,b I
.mac sv4 `a, Signed and sealed at the City of Brookfield, WI this day of
SEAL i
Assistant Lary
L.C.