Kaufmann Avenue HMA Resurfacing ProjectMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Kaufmann Avenue HMA Resurfacing Project
DATE: May 3, 2011
Dubuque
hell
AN- America City
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2007
City Engineer Gus Psihoyos is recommending that a public hearing be set for June 6,
2011, on the plans and specifications for the Kaufmann Avenue Hot Mix Asphalt (HMA)
Resurfacing Project and order the advertisement of bids.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jk
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michel C. Van Milligen
Masterpiece on the Mississippi
TO:
FROM: Gus Psihoyos, City Engineer
Michael C. Van Milligen, City Manager
SUBJECT: Kaufmann Avenue HMA Resurfacing Project
(John F. Kennedy Road to Carter Road)
Iowa DOT Project No. STP -U -2100 (662)- -70 -31
Iowa DOT Agreement No. 6- 10- STPU -05
(CIP's 3002140, 7202243)
DATE: May 2, 2011
INTRODUCTION
BACKGROUND
Dubuque
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All- amedcaCity
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2007
The enclosed resolutions authorize the public bidding procedure for the Kaufmann
Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa DOT
Project No. STP -U -2100 (662)-- 70 -31.
On April 5, 2010, the City Council approved (Res. 89 -10) an agreement with the Iowa
Department of Transportation (Iowa DOT) and the City of Dubuque (City) for the
utilization of Dubuque Metropolitan Area Transportation Study (DMATS) Surface
Transportation Program (STP) funds for the Kaufmann Avenue HMA Resurfacing
Project (John F. Kennedy Road to Chaney Road). Under STP funding, 80 percent
(80 %) of the total eligible project items are reimbursable, with the remaining 20 percent
being the responsibility of the City.
The project was bid initially through the Iowa Department of Transportation in June,
2010. On July 6, 2010, the City Council rejected the bids (Res. 250 -10) since the
lowest bid was 23 percent over the estimate of probable cost and there was insufficient
City funding to cover the local match.
In order to favor more competitive bidding, the City has split the project into two
separate bid packages: Kaufmann Avenue Utility Project (John F. Kennedy Road to
Chaney Road) that was bid -let through the City; and the Kaufmann Avenue HMA
Resurfacing Project (John F. Kennedy Road to Carter Road) that will be bid -let through
the Iowa Department of Transportation.
DISCUSSION
The scope of work for the Kaufmann Avenue HMA Resurfacing Project (John F.
Kennedy Road to Carter Road) will include the following:
• John F. Kennedy Road to Carter Road
o Partial replacement of curb and gutter and sidewalk at various locations.
o Construction of ADA- compliant curb access ramps.
• John F. Kennedy Road to Martin Drive
o Sectional replacement of existing 32 -feet wide pavement with the installation of a
new 6 - inch asphalt roadway. (Note - the existing asphalt pavement between John F.
Kennedy Road to Martin Drive is approximately 3" in depth on a poorly draining native
soil material.)
o Installation of pavement sub -drain on the south side of the roadway.
• Martin Drive to Carter Road
o Milling removal of 2 to 3 inches of existing pavement and placement of a new
asphalt overlay surface.
PROJECT SCHEDULE
The schedule for the project is as follows:
Initiate Public Bidding Process
Iowa DOT Advertisement for Bids
Local Publication of Iowa DOT Advertisement for Bids
Notice of Public Hearing on Plans & Specifications
City Public Hearing on Plans & Specifications
Iowa DOT Bid - Letting
City Award of Contract (Subject to Iowa DOT Approval)
Iowa DOT Late Start Date
Iowa DOT Working Days
Completion Date (Approximate)
RECOMMENDATION
Construction Contract
Contingency (10 %)
Construction Engineering & Inspection (15 %)
Total Project Cost
I recommend that the City Council establish a date for the Kaufmann Avenue HMA
Resurfacing Project (John F. Kennedy Road to Carter Road) public hearing and
authorize the City Clerk to advertise for proposals.
BUDGET IMPACT
May 16, 2011
May 18, 2011
May 19, 2011
May 19, 2011
June 6, 2011
June 21, 2011
July 5, 2011
August 1, 2011
55 Working Days
October 14, 2011
The estimate of probable cost for the Kaufmann Avenue HMA Resurfacing Project
(John F. Kennedy Road to Carter Road) is as follows:
Estimate
$521,995.18
52,199.52
86,129.20
$660,323.90
The project funding summary is as follows:
CIP No. Fund Description
DMATS STP Funds
3002140 Kaufmann Avenue Resurfacing (City Match 20 %)
7202243 Kaufmann & Trygg Storm Sewer Extension
Total Project Funding
ACTION TO BE TAKEN
Fund Amount
$459,355.76
187,619.41
13, 348.73
$660,323.90
The City Council is requested to establish the date of the public hearing and to
authorize the City Clerk to advertise for proposals through adoption of the enclosed
resolutions for the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road
to Carter Road), Iowa DOT Project No. STP -U -2100 (662)-- 70 -31.
cc: Jenny Larson, Budget Director
Don Vogt, Public Works Director
John Klostermann, Street & Sewer Maintenance Supervisor
Bob Green, Water Plant Manager
Jon Dienst, PE
David Ness, PE
Deron Muehring, Civil Engineer II
Greg Doeden, Civil Engineer II
NOTICE TO BIDDERS
FOR THE
KAUFMANN AVENUE
HMA RESURFACING
PROJECT
J.F. KENNEDY ROAD ,
TO CARTER
STATE OF IOWA -
Sealed bids will be re-
ceived on June 21, 2011 :,
by the Iowa Depart-
ment of Transportation
at the Office of Con- -
tracts in Ames, Iowa -
until 10 o'clock A.M.,
C.T., for various items
of construction and /or
maintenance work.
Plans, specifications -
and proposal forms for
the work may be seen
and secured at the Of-
fice of Contracts, Iowa
Department of Trans-
portation, 800 Lincoln
Way, Ames, Iowa until
noon on the day previ-
ous to the letting.
Mailed bids are to be
sent to the Iowa De-
partment of Transpor-
tation, Office of Con-
tracts, 800 Lincoln
Way, Ames, Iowa
50010. Staff will be
available at the Office
of Contracts the day
previous to the letting
and the day of the let-
ting for the dropping
off of bids during regu-
lar business hours 7:30 6
a.m. to 4:30 p.m. f
The Iowa Department
of Transportation
(DOT) uses the Bid Ex-
press website (www.bi
dx.com) as an official
depository for elec-
tronic bid submittal.
The Iowa DOT will en-
sure that this electron-
ic bid depository is
available for a two -
hour period prior to the
deadline for submis-
sion of bids. In the case
of disruption of nation-
al communications or
loss of services by ww
w.bidx.com during this
two -hour period, the
Iowa DOT will delay the
deadline for bid sub- s
missions to ensure the
ability of potential bid-
ders to submit bids. In-
structions will be com-
municated to potential
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and to reject any or all
bids.
A Proposal Guarantee
not less than the
amount as set forth in
the proposal form shall
be filed with each pro- t
posal. The Proposal
Guarantee shall be in
the form of a certified t
check or credit union t
certified share draft, t
cashier's check, money
order or bank draft n
drawn on a solvent o
bank or credit union.
Certified checks or
credit union certified p
share drafts shall bear L
an endorsement signed
by a responsible offi- t
cial of such bank or o
credit union as to the
amount certified. Cash-
ier's checks, money or-
ders or bank drafts f
shall be made payable e
either to the Contract- t
ing Authority or to the t
bidder and, where s
made payable to the c
bidder, shall contain an d
unqualified endorse- e
ment to the Contract- S
ing Authority signed by
the bidder or the bidd- e
er's authorized agent.
A properly completed 1
Contractor's Bid Bond I
Form No. 650001), or a t
properly completed
Contractor's Annual a
Bid Bond (Form No. w
50043), both available u
rom the Iowa Depart- g
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proposals produce the
owest bid for these
projects.
The listing of projects,
and details of the proj-
ect, for which bids are
o be taken will be
available to potential
bidders and suppliers
hree (3) weeks prior
o the letting dates at
he following locations:
•Posted on the Inter -
et at www.bidx.com /I
wa
•Available the Iowa
Department of Trans-
ortation's "Weekly
etting Report"
•Available by calling
he Office of Contracts
f . the Iowa Depart-
ment of Transportation
at 515- 239 -1414.
Minimum wage rates
or all Federal Aid proj-
cts have been prede
ermined by the Secre-
ary of Labor and are
et forth in the specifi-
ations. However, this
oes not apply to proj-
cts off the Federal -Aid
ystem.
All Federal Aid proj-
cts are subject to the
Work Hours Act of
962, P. L. 87 -581 and
mplementing regula-
ions.
By virtue of statutory
uthority, a preference
ill be given to prod -
cts and provisions
rown and coal pro -
uced within the State
resident bidder shall
e allowed a prefer -
nce as against a non -
esident bidder from a
tate or foreign coun-
ty which gives or re-
uires a preference to
idders from that state
r foreign country both
n projects in which
here are no Federal
unds involved.
IOWA DEPARTMENT
F TRANSPORTATION
FFICE OF CONTRACTS
TELEPHONE: 515 -239-
414
Bid Order: 156 DBE
oal: 0%
Work Type: -HMA
ESURFACING WITH
ILLING
Guarantee: $37,500.00
Project(s): DUBUQUE -
STP -U -2100 (662) - -70-
1
KAUFMANN AVENUE -
ROM J.F. KENNEDY TO
It 5/20
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: May 20, 2011, and for which the charge is $79.86.
a 79J.
Subscribed to before me, a otary Public in and for Dubuque County, Iowa,
, 20// .
thi day of
MARY K. WESTERME\
Commleelon Number 154
mgr
otary Public in and for Dubuque County, Iowa.
RESOLUTION NO. 167 -11
KAUFMANN AVENUE HMA RESURFACING PROJECT
(JOHN F. KENNEDY ROAD TO CARTER ROAD)
IOWA DOT PROJECT NO. STP -U -2100 (662)- -70 -31
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING
ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST; AND ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost
for the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to
Carter Road), Iowa DOT Project No. STP -U- 2100(662)-- 70 -31, in the estimated
amount $660,323.90, are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 6 day of June, 2011, at 6:30 p.m. in
the Historic Federal Building Council Chambers at which time interested persons
may appear and be heard for or against the proposed plans and specifications,
form of contract and estimated cost of said Project, and the City Clerk be and is
hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested
person may appear and file objections to the proposed plans, specifications, form
of contract, or estimated cost of the Project.
The Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road
to Carter), Iowa DOT Project No. STP -U- 2100(662)- -70 -31 is hereby ordered to
be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount
which shall conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction
of the improvements herein provided, by publishing the attached Notice to
Bidders to be published in a newspaper having general circulation in the City of
Dubuque, Iowa, which notice shall be published not less than four but not more
than forty -five days before the date for filing bids before 10:00 a.m. Central Time,
with opening and reading of bids by the Iowa Department of Transportation on
the 21 day of June, 2011. Bids shall be opened and read by the Iowa
Department of Transportation after 10:30 a.m. Central Time on the same date
and will be submitted to the City Council for final action on the 5 day of July,
2011, in the Historic Federal Building Council Chambers (second floor), 350
West 6 Street, Dubuque, Iowa.
Attest:
Passed, adopted and approved this 16th day of may
Kevi S. Firnsta ,Acting City Cle
, 2011.
Roy D. Buol, Mayor
NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE KAUFMANN AVENUE
RESURFACING PROJECT (JOHN F. KENNEDY ROAD TO CARTER ROAD),
IOWA DOT PROJECT NO. STP -U -2100 (662)- -70 -31
NOTICE IS HEREBY GIVEN: The City Council of the City of Dubuque,
Iowa will hold a public hearing on the proposed plans, specifications, form of
contract and estimated cost for the Kaufmann Avenue HMA Resurfacing Project
(John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U-
2100(662)-- 70 -31, in accordance with the provisions of Chapter 26, Code of
Iowa, at 6:30 p.m., on the 6 day of June, 2011, in the Historic Federal Building
Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa. Said
proposed plans, specifications, form of contract and estimated cost are now on
file in the office of the City Clerk. At said hearing any interested person may
appear and file objections thereto.
2011.
The scope of the Project is as follows:
— John F. Kennedy Road to Carter Road
• Replacement of curb and gutter and sidewalk at various locations.
• Construction of ADA- compliant curb ramps.
— John F. Kennedy Road to Martin Drive
• Replacement of existing roadway with sub -drain on the south side of the
roadway.
— Martin Drive to Carter Road
• Milling of 2 to 3 inches of existing HMA pavement and a new overlay.
Any visual or hearing- impaired persons needing special assistance or persons
with special accessibility needs should contact the City Clerk's office at (563)
589 -4120 or TDD at (563) 690 -6678 at least 48 hours prior to three meeting.
Published by order of the City Council given on thee day of
Kevi S. irnst- I, Acting ity C erk
NOTICE TO BIDDERS
FOR THE
KAUFMANN AVENUE HMA RESURFACING PROJECT
J.F. KENNEDY ROAD TO CARTER
STATE OF IOWA - Sealed bids will be received on June 21, 2011
by the Iowa Department of Transportation at the Office of Contracts
in Ames, Iowa until 10 o'clock A.M., C.T., for various items of
construction and /or maintenance work.
Plans, specifications and proposal forms for the work may be seen
and secured at the Office of Contracts, Iowa Department of
Transportation, 800 Lincoln Way, Ames, Iowa until noon on the day
previous to the letting.
Mailed bids are to be sent to the Iowa Department of Transportation,
Office of Contracts, 800 Lincoln Way, Ames, Iowa 50010. Staff will
be available at the Office of Contracts the day previous to the letting
and the day of the letting for the dropping off of bids during regular
business hours 7:30 a.m. to 4:30 p.m.
The Iowa Department of Transportation (DOT) uses the Bid Express
website ( www.bidx.com) as an official depository for electronic bid
submittal. The Iowa DOT will ensure that this electronic bid
depository is available for a two -hour period prior to the deadline
for submission of bids. In the case of disruption of national
communications or loss of services by www.bidx.com during this
two -hour period, the Iowa DOT will delay the deadline for bid
submissions to ensure the ability of potential bidders to submit bids.
Instructions will be communicated to potential bidders.
Opening and reading of the bids will be performed at the Iowa
Department of Transportation, Ames, Iowa after 10:30 A.M. on the
same date such bids are scheduled to be received, unless otherwise
specified by the Iowa Department of Transportation
All proposals must be filed on the forms furnished by the Iowa
Department of Transportation, Contracts Office, sealed and plainly
marked. Proposals containing any reservations not provided for in
the forms furnished will be rejected. The Iowa Department of
Transportation reserves the right to waive technicalities and to reject
any or all bids.
A Proposal Guarantee not less than the amount as set forth in the
proposal form shall be filed with each proposal. The Proposal
Guarantee shall be in the form of a certified check or credit union
certified share draft, cashier's check, money order or bank draft
drawn on a solvent bank or credit union. Certified checks or credit
union certified share drafts shall bear an endorsement signed by a
responsible official of such bank or credit union as to the amount
certified. Cashier's checks, money orders or bank drafts shall be
made payable either to the Contracting Authority or to the bidder
and, where made payable to the bidder, shall contain an unqualified
endorsement to the Contracting Authority signed by the bidder or
the bidder's authorized agent. A properly completed Contractor's
Bid Bond (Form No. 650001), or a properly completed Contractor's
Annual Bid Bond (Form No. 650043), both available from the Iowa
Department of Transportation, Office of Contracts, may be used in
lieu of that specified above.
The contracting authority will issue an exemption certificate for the
purchase or use of building materials, supplies, and equipment that
will be used in the performance of the construction contract, as
provided by Iowa Code Section 423.3 (80).
Failure to execute a contract and file an acceptable Performance
Bond and Certificate of Insurance within 30 days of the date of the
approval for awarding the contract, as herein provided, will be just
and sufficient cause for the denial of the award and the forfeiture of
the proposal guarantee.
The Iowa Department of Transportation (or other approved
contracting authority) hereby notifies all bidders that it will
affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged 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, or disability in consideration for an award.
On Federal Aid projects, where disadvantaged business enterprise
goals have been established, the bidder is required to complete and
submit form 102115 with the bid documents. On all projects
without goals, the contractor must show that affirmative actions
have been made to seek out and consider disadvantaged business
enterprises as potential sub - contractors.
Some of the projects may be listed in multiple proposals (as an
individual project or as part of a combined package of projects). The
Contracting Authority will determine which combination of
proposals produce the lowest bid for these projects.
The listing of projects, and details of the project, for which bids are
to be taken will be available to potential bidders and suppliers three
(3) weeks prior to the letting dates at the following locations:
• Posted on the Internet at www.bidx.com/Iowa
• Available in the Iowa Department of Transportation's "Weekly
Letting Report"
• Available by calling the Office of Contracts of the Iowa
Department of Transportation at 515- 239 -1414.
Minimum wage rates for all Federal Aid projects have been
predetermined by the Secretary of Labor and are set forth in the
specifications. However, this does not apply to projects off the
Federal -Aid System.
All Federal Aid projects are subject to the Work Hours Act of 1962,
P. L. 87 -581 and Implementing regulations.
By virtue of statutory authority, a preference will be given to
products and provisions grown and coal produced within the State
of Iowa, and also, a resident bidder shall be allowed a preference as
against a non - resident bidder from a state or foreign country which
gives or requires a preference to bidders from that state or foreign
country both on projects in which there are no Federal Funds
involved.
IOWA DEPARTMENT OF TRANSPORTATION OFFICE OF
CONTRACTS
TELEPHONE: 515- 239 -1414
Bid Order: 156 DBE Goal: 0%
Work Type: HMA RESURFACING WITH MILLING
Guarantee: $37,500.00
Project(s): DUBUQUE — STP -U -2100 (662)- -70 -31
KAUFMANN AVENUE — FROM J.F. KENNEDY TO CARTER
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
KAUFMANN AVENUE UTILITY PROJECT
(JOHN F. KENNEDY ROAD — CHANEY ROAD)
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the to +h day of NI , 2011, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager
by its City Council (City) and McDermott Excavating of the City of Dubuque, Iowa.
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
Kaufmann Avenue Utility Project (John F. Kennedy Road to Chaney Road) (the
Project).
The Project shall be made to the established grade and to the grades as shown on
the profiles and cross sections on file in the City Engineer's office for this Project; in
strict accordance with the requirements of the laws of the State of Iowa and
ordinances of the City of Dubuque relating to public works, and in accordance with
the Contract Document shall of which provisions and documents are each and all
hereby referred to and made a part of this Contract just as much as if the detail
statements thereof were repeated herein.
2. Contract Documents shall mean and include the following: the Notice to Bidders; the
Contractor's Proposal; Plans, Specifications, and General Requirements as adopted
by the City Engineer for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several
kinds and shall be put in place to the satisfaction of the City Engineer.
4. The Contractor shall remove any materials rejected by the City Engineer as
defective or improper, or any of said work condemned as unsuitable or defective,
and the same shall be replaced or done anew to the satisfaction of the City Engineer
at the cost and expense of the Contractor.
5. Five percent (5 %) of the Contract price shall be retained by the City for a period of
thirty (30) days after final completion and acceptance of the Project by the City
Engineer to pay any claim that may be filed within said time 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 time, as provided in Iowa
Code Chapter 573. The City shall 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 shall be held by the City until
such claims have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the specifications including General
Requirements and has examined and understands the plans herein referred to and
agrees not to plead misunderstanding or deception because of estimates of quantity,
character, location or other conditions surrounding the same.
7. In addition to the guarantee provided for in the specifications, the Contractor shall
also make good any other defect in any part of the Project due to improper
construction notwithstanding the fact that said Project may have been accepted and
fully paid for by the City, and the Contractor's bond shall be security therefore.
8. The Contractor shall fully complete the Project under this Contract on or before July
29, 2011.
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the City from and against all claims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from
performance of the 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 (other than the Project itself) including loss of use resulting there from, but
only to the extent caused in whole or in part by negligent acts or omissions of the
Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed
by the Contractor or the Contractor's subcontractor or anyone for whose acts the
Contractor or the Contractor's subcontractor may be liable, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified
hereunder.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the
City Engineer, the City agrees to pay the Contractor as full compensation for the
complete performance of this Contract, the amount determined for the total number of
units completed at the unit prices stated in the Contractor's Proposal and less any
liquidated damages provided for in the Contract Documents. The number of units
stated in the plans and specifications is approximate only and the final payment shall be
made by the work covered by the Contract.
CONTRACT AMOUNT $227,693.10
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
agreement 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 agreement or arrangement with any other person,
firm, corporation or association which tends to or does lessen or destroy free
competition in the letting 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 Tess than ten percent (10 %) of the Contract price but in no event be
less than $750.00 (Seven Hundred and Fifty & 00 /Dollars) as liquidated damages to the
City.
The surety on the bond furnished for this Contract, shall 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.
The Contractor agrees, and its bond shall be surety therefore, that it will keep
and maintain the Project in good repair for a period of two (2) years after acceptance of
the same by the City Engineer and its bond shall be security therefore.
CITY OF DUBUQUE, IOWA
By
City Manager
FURTHER CONDITIONS
PRINCIPAL: //// 1
M `
Contractor
By:
Signature
CERTIFICATE OF CITY CLERK
S€4 veiso
Title
This is to l ify that a certified copy of the above Contract has been filed in my
office on the ✓/ c-e}
✓1 day of , 2011.
._4i /,�/A%ky
Kevi S. Firnst_ I, Acting City Cler`�
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That McDermott Excavating as
Principal (Contractor) and Merchants Bonding Company (Mutual) as Surety are held
firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $227,693.10 the
same being 100% of the total price of the Contract for the Project herein referred to,
lawful money of the United States of America, well and truly to be paid to said City of
Dubuque, and to all other parties who, under the provisions of the laws of Iowa, are
intended to be protected and secured hereby for which payment we bind ourselves, our
heirs, executors, successors and assigns, jointly and severally by these presents.
Dated at Dubuque, Iowa, this 9 th day of May , 2011, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated May , 2011,
incorporated herein by reference, has agreed with said City of Dubuque to perform all
labor and furnish all materials required to be performed and furnished for the Kaufmann
Avenue Utility Project (John F. Kennedy Road to Chaney Road) (the Project) according
to the Contract and Construction Documents prepared therefore.
It is expressly understood and agreed by the Contractor and Surety bond that the
following provisions are a part of this Bond and are binding upon said Contractor and
Surety, to -wit:
1. PERFORMANCE BOND: 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 City from all outlay and expense incurred by
the City 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 BOND: The Contractor and the Surety shall 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 which the City 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 lthe obligations and
conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a
part hereof as though fully set out herein.
3. MAINTENANCE BOND: The Contractor and the Surety 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 within the period of two (2) year(s) from the
date of acceptance of the work under the Contract by the City Council of the
City of Dubuque, Iowa, by reason of defects in workmanship or materials
used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the City the reasonable costs of monitoring and inspection to assure
that any defects are remedied, and to repay the City 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 agreement herein made extends to defects in
workmanship or materials not discovered or known to the City at the time such work
was accepted.
NOW, THEREFORE, the condition:of this obligation is such that if the said
Contractor shall perform all of the work contemplated by the Contract in a workmanlike
manner and in strict compliance with the plans and specifications, and will pay all claims
for labor and materials used in connection with said Project, to indemnify the said City
for all damages, costs and expense incurred by reason of damages to persons or
property arising through the performance of said Contract, and will reimburse the City
for any outlay of money which it may be required to make in order to complete said
Contract according to the Construction Documents and will maintain in good repair said
Project for the period specified in the Contract where this bond is obligated for
maintenance, and will faithfully comply with all of the provisions of Section 573 of the
Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full
force and effect.
All the conditions of this bond must be fully complied with before the Contractor
or the Surety will be released.
The Contract, Contractor's Proposal, and Construction Documents shall be
considered as a part of this Bond just as if their terms were repeated herein.
9th at Dubuque, Iowa this th Ma y
day of , 2011.
CITY OF DUBUQUE, IOWA
By:
City Manager
PRINCIPAL:
By:
ggerrildit bxcau
Contractor
Signature
Sir -Y Sar
Title
SURETY:
Merchants Bonding Company (Mutual)
Suety Company
By: ✓����
/ 7 Signature J . Allen W a l l i s III
Title
Attorney -In -Fact
Dubuque, IA 52001
City, State, Zip Code
563 - 583 -5775
Telephone
Attorney In -Fact
MERCHANT
BONDING COMPANY
POWER OF ATTORNEY
Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under
the laws of the State of Iowa, and having its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made,
constituted and appointed, and does by these presents make, constitute and appoint
J. Allen Wallis III, Fred J. Kunnert, Robert S. Vohl
of Dubuque 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, undertakings, 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 ($3,000,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the 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 Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and
authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE ll, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile
to any Power of Attorney or Certification thereof 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 fixed.
In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto affixed, this 13th day of October , 2010.
STATE OF IOWA
COUNTY OF POLK ss.
STATE OF IOWA
COUNTY OF POLK ss.
POA 0001 (1/09)
• �O?ORP0q ' '
:ti:= -o- b• •
• a '• 1933 • c'
�+. CINDY SMYTH
F Commission Number 173504
uw' M Commission Expires
March 16, 2012
MERCHANTS BONDING COMPANY (MUTUAL)
By
On this 13th day of October , 2010 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that
he is President of the MERCHANTS BONDING COMPANY (MUTUAL), 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 Des Moines, Iowa, the day and year first
above written.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this 9th day of
President
7c
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in full force and effect and has not been amended or revoked.
Secretary
May , 2011