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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 lur 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 httlt All- amedcaCity I'll! 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 bf Iriprs 6 1♦ uoq u gw0o gown eulwJapap 111M I4!Jou; -nv 6UIp02J ;UOO ayj' - •(sgoafoJd }o a6P>1o2d paulgwoo 2 }o ;Jed SE .10 ;oafoJd 12nptn!p -U! U2 s2) SlesodoJd aid a -1 ;Inw w pawl eq ,(2w a s}oafoJd ay; 10 twos 11 M •sJO4o2J ;u03 -qns 121 ;ua; -od se sasudJa;ue ssau I -Lsnq__pa6Elu enpeslp 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 sal;ll2oiuyoa; 9n12M 04 4461.1 saMas -aJ uo1;2pJOdsu2JJ }o b ;uawpJ2daa EM01 ail •pa ;oafaJ aq 111M payslu ; r -Jn} sWJO} ay; U1 Jo } s paPlnoJd 40U suol ;2n f -JasaJ Rue 6u1u12 ;uo3 sFFsodoJd •pa>1Jpw CIUIEId pue pareas'33!L 0 - }O Spo2Jp000 • `uoI ;E ; 0 - JodsupJj }o ;uaui 2d1 -ea 2Moi ay; Rq payslu 1 F w.i -Jn} so ay; uo pall} aq psnw slpsodoJd 1IV O uolp2�odsue.ar O o ;uaw4J2daa SMO1 ay; Rq pal }loads as1M1 1 Jaypo ssalun 'panlao 9J aq 04 palnpayos aJ2 G plq Lions a ;pp awes ay; ,uo •WV OE:01 Ja} R 42 SMOI `sawv 'uo1 ;2p M Jodsu2J1 }o ;uaw;J2d as 2M01 3114 }2 pawJoj. Jad eq IIIM sP1q ay; }o utpeai pup 6u!uadO 1 3 •sJapptq I 121pua;od o; pappolunw; F -woo aq IIIM suol43nJ ;s C, ul 'sP!q }lwgns o} slap P!q ipl ;ua;od }o R ;IIIgp Lip aJnsua o; suolsslw qns P1q Jo} auiipPap, I.14 Alai Him J-OG 2M01; y; `pouad Jnoy -oM;; slip Wimp woo•xP1Q•Mi M dq SaotMas }o ssol o suol;2olunwwoo F21 unnvl,_in_.rnurinMin rn 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