Hayward Baker Contract_Grand River Center Floor SettlementCITY OF DUBUQUE, IOWA
PUBLIC IMPROVEMENT CONTRACT
GRAND RIVER CONVENTION CENTER
FLOOR SETTLEMENT REMEi3IATION PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the /1 day of October, 2012, between the City of Dubuque, Iowa,
by its City Manager, through authority conferred upon the City Manager by its City
Council (City) and Hayward Baker, Inc. of the City of Roselle, Illinois.
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
Grand River Convention Center - Floor Settlement Remediation Project. (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: All ordinances and
resolutions heretofore adopted by the City Council having to do with the Project; the
Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and
General Requirements as adopted by the City Council 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 Manager.
4. The Contractor shall remove any materials rejected by the City Manager 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 Manager
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
Council 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 shall be fully
completed by December 7th, 2012.
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, Toss 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 Council, 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 $ 250,500.00
FURTHER CONDITIONS
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 less than ten percent (10 %) of the Contract price but in no event be
less than the amount specified 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.
T[00 (
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 year(s) after acceptance
of the same by the City Council and its bond shall be security therefore.
The City of Dubuque and the Contractor agree to comply with 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 shall comply with Section 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 USC 327 -330) and Department of Labor
Regulations (29 CFR, Part 5).
The City of Dubuque and the Contractor agree that Davis -Bacon Federal
prevailing predetermined wage rates and related labor requirements and regulations will
not apply to work under the contract.
The City of Dubuque and the Contractor agree that equipment or products
authorized to be purchased with federal funding awarded for this contract must be
American -made to the maximum extent feasible, in accordance with Public Law 103-
121, Sections 606 (a) and (b).
CITY OF DUBUQUE, [OWA PRINCIPAL:
By
City M
ager
Hayward Baker, Inc.
Contractor
Title
CERTIFICATE OF CITY CLERK
This is to e ify that a certified copy of the above Contract has been filed in my
day of (,),/ , 2012.
office on the,
Kevin Irnstahl, City Clerk
Bond #09100817
CITY OF DUBUQUE, JOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Hayward Baker, Inc. as
Principal (Contractor) and Fidelity and Deposit Company of Maryland as Surety are held
firmly bound unto the City of Dubuque, Iowa (Cib), in the penal sum of $250, 00.00 the
same being 100Y6 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
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 ourse|ves, our
heirs, executors, successors and assigns, jointly jointiy and severafly by these presents.
Dated at Dubuque, Iowa, this 18th day of October . 2012. and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated October 2, 2012.
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 Grand
River Convention Center - Floor Settlement Remediation Project. (the Project)
according to the <�oDtractand Construction [}ocurnanteprepared therefore.
It is expressty understood and agreed by the Contractor and SuretvboOd 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 0bsen/a, perfonn,
fulfill and abide by each and every 8owenant, condition and part of said Contract
and Contract DOCUDleOto, 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, supp|ierS,
ageDta, 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 by persons, firms, oubcontrautors. 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, |ubricaDtG, oi|, gasoline, repairs on nnaohiDery, equipment and tqO/m,
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 innpFVwannent, but the Contractor and Surety
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
bylaw. The Contractor and Surety hereby bnd themselves to the obligations and
conditions set forth in Chapter 573, Code of Iowa, which by this reference is made a
part hereof as though fu?Jy set out herein.
3. MAINTENANCE BON[): 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 vVdhin 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, low o' by reason of defects in
workmanship or materials used in construction of said xvo[k;
B. To keep all work in continuous good repair; and
C. To pay the City the reasonable costs of monitoring and in n to assure
that any defects are [anledied, and to repay the City aU 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 all damages, costs and expense incurred by reason of damages to persons -
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 |oxva, then this obligation shall be null and vo|d, 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 C0Dtraot, Contractor's Prmposa|, and Construction Documents shall be
considered as a part of this Bond just as if their terms were repeated herein.
Dated at Dubuque, Iowa this 18th day of October
.2012.
CITY OF DUBUQU , A PRINCIPAL:
By.
City Manager
By:
Hayward Baker, Inc.
Contractor
,.04,.11 11.3 vi„
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Signat e Kyle
Vice President
Title
SURETY:
Fidelity and Deposit Company of
Maryland
Surety Company
By 7i7.--//i:
Signature(
Attorney-in-fact
L
es'‘.
-rcrEttt
Title
1400 American Lane, Tower I
Schaumburg, IL 60196-1056
City, State, Zip Code
215-246-1000
Telephone
Sally Phillips
Attorney In-Fact
EXTRACT FROM BY -LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHHFREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this \Yerday of (') - , 20) a";
d
Geoffiey Delisio, Vice President