Improvement Contract, Bond_ARC Transfer Center Phase ITHE CITY OF
DUB
Masterpiece on the Mississippi
Dubuque
AII-America Ci
2007
TO: Michael Van Milligen, City Manager
FROM: Barbara Morck, Director of Transit Operations "�
CC: David Heiar, Economic Development Director
SUBJECT: Contract between City of Dubuque and Murphy Construction Group for the
ARC Transfer Center Phase I Project
DATE: January 23, 2013
PURPOSE
The intent of this memo is to obtain your signature on the Amended Notice of Award of
Bid to Murphy Construction Group for the construction of the ARC Transfer Center
Phase I canopy, as authorized by City Council.
BACKGROUND
On December 3, 2012 the City Council approved the award of the construction contract
for the ARC Transfer Center Phase I Project to Murphy Construction Group. On /around
December 3, 2012 the Notice of Award to Murphy Construction Group was signed. It
has sent been brought to my attention that the notice did not include the agreed upon
deduction of $12,000 on the contract (use of a roof membrane instead of a metal roof);
this addition to the Notice brings the cost of project construction to $223,401.00 (as
opposed to $235,601.00).
DISCUSSION
In August 2010 staff of ECIA, The Jule and Area Residential Care (ARC) began
collaborating on a construction of a transfer center, to be located at the new ARC, Inc.
facility located at the JFK Circle (the old Econo Foods building). The parties agreed to
pursue the project which, based on cost, was been split into two phases: Phase I is to
be a canopy attached to the new ARC facility that will offer protection from the weather
for passengers waiting to board and de- boarding from fixed route and paratransit buses.
Phase I also allows The Jule's Bus Operators access to the building's restroom
facilities. Phase II of the project, if funded, will allow for the build -out of an enclosed
waiting area which will include public restrooms and will be applied for use in fiscal year
2014.
In October 2010 a Public Transit Infrastructure Grant (PTIG) for $298,357 was awarded
for the Phase I construction to The Jule. The PTIG funding requires a 20% local match,
which is being provided by ARC, Inc. in the form of a "soft match" that has a value of
$74,859. The "soft match" used for this project consists of improvements that have been
made by ARC, Inc. in the pavement in and around the areas that will be used by The
Jule's buses (e.g. parking lot, gated access to rear driveway, driveways,) the value of
land that is to be covered by the canopy, that will be set aside as travel lanes in and out
of the parking lot, and the parking spaces that have been set aside for use by "park -n-
ride" transit passengers.
On March 28, 2012 City Council awarded IIW a contract in the amount of $52,900. This
contract is for the final design, compilation of construction documents, construction bid
and oversight of the construction of the Phase 1 canopy ($48,440) and the Phase 11
Conceptual design ($4,460). IIW worked with a project committee comprised of City
staff (David Heiar), Jule Staff (Barbara Morck and Jodi Johnson), ECIA staff (Mark
Munson), ARC staff (Jon Romaine and Karl Stieglitz), and a member of the Transit
Advisory Board (Matt Esser) in the design elements of the canopy. In May 2012 the
committee came to agreement on the final design. Blueprints and required construction
documents (e.g. building plans and specifications) were prepared and a Request for Bid
(RFB) release through a Public Bid process on July 18, 2012, with a closing date of
August 28, 2012. On August 28th at 2pm Kevin Firnstahl /City Clerk opened the five (5)
bids that had been submitted in response to the RFB. Two (2) of bids were rejected
outright for failing to submit the required Certifications and Assurances as outlined in the
RFB. The remaining three (3) bids were reviewed and found to be complete, however
all 3 were found to be over the budgeted amount for the project and as a result were
rejected by City Council as their September 17, 2012 meeting.
The amount of funding available for construction is approximately $230,000. I worked
with Mark Fassbinder /IIW, the architect for this project, on a revised set of plans and
documents, and found savings that allowed us to reduce the overall cost of the ARC
project. This cost - savings included offering an alternative bid of a membrane roof
instead of a metal roof. City Council approved the (re- )release of a Request for Bid
(RFB) for the ARC Transfer Center Phase! Project at their October 1, 2012 meeting
with a bid closing date of November 20, 2012. On November 20th at 2pm, Kevin
Firnstahl /City Clerk opened the six (6) bids that had been submitted in response to the
RFB. Two (2) of bids were rejected outright for failing to submit the required
Certifications and Assurances as outlined in the RFB. The remaining four (4) bids were
reviewed and found to be complete. The low bid for the project came in at $235,601
with a potential deduction of $12,000; this deduction accounts for the use of a
membrane roof for the canopy (instead of a metal roof).
Murphy Construction, as a responsive and responsible bidder, gave the low bid for the
ARC Transfer Center project with project cost of $235,601 with a potential deduction of
$12,000 which, if accepted and included, places the total project cost at $223,601,
which is well within the amount budgeted.
The Iowa Department of Transportation /Office of Public Transit gave their concurrence
on the City awarding the Bid for the ARC Transfer Center Phase 1 project to Murphy
Construction Group. Barry Lindalh, City Attorney has reviewed and approved the
contract. Ken TeKippe, Finance Director has reviewed the insurance certifications and
has indicated that it meets the City's requirements.
PROJECT SCHEDULE
Initiate Public Bidding Process
Publish Notice to Bidders, Advertise for Bids
Publish Public Hearing Notice on Plans and Specifications
Plans and Specifications made available to Public for Review
Public Hearing
Pre -Bid Conference
Receipt of Bid Proposals (Bid - letting)
Award Construction Contract
Final Project Completion Date (revised)
BUDGET IMPACT
The estimate of probable cost for the ARC Transfer Center Phase
Construction Contract
Contingency (10 %)
Davis -Bacon Monitoring
Engineering /Contract Administration
Fixtures (bus benches, trash containers, etc.)
Total Construction Contract Project Cost
The project funding summary is as follows:
CIP
6002235
6002235
Funding Source
Public Transit Infrastructure Grant (PTIG) — 80%
Local Match, provided by ARC, Inc. — 20%
(soft match = improvements in the form of paving,
gate closures, concrete work, etc.)
Total Project Cost
October 15, 2012
October 16, 2012
October 18, 2012
October 18, 2012
November 5, 2012
November 7, 2012
November 20, 2012
December 3, 2012
May 15, 2013
I project is as follows:
Estimate
$223,516
$22,352
$1,050
$48,440
$3,000
$298,357
Amount
$298,357
$74,589
$372,946
RECOMMENDATION /ACTION STEP
Enclosed are three revised (as of 1/22/2013) "Notice of Award" for the construction
portion of the ARC Transfer Center Phase I project. I recommend that you sign and date
all three notices as approved and authorized by City Council, and return the signed
contracts them to me for disbursal and filing. Thank you.
SECTION 005200 CONTRACT FORM 3
CITY OF DUBUQUE, IOWA
TRANSIT IMPROVEMENT CONTRACT
ARC TRANSFER CENTER CANOPY PHASE 1 -2012 PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 3rd
day of January, 2013, between the City of Dubuque, Iowa, by its City Manager, through authority
conferred upon the City Manager by its City Council (City) and Murphy Construction Group, LLC 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 materials and equipment and to perform all labor necessary for the ARC Transfer
Center Canopy Phase 1 -2012 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 law 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 statement 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 on any 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 completed as
follows: MAY 15, 2013.
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 subcontractors, 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 $223,401.00
CITY OF DUBUQUE, IOWA
By
City Manager
By:
PRINCIPAL:
t.c hy CO N. 5 -the c-41 bye &to/0, /Lc
Contractor
Signature
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified copy of the a ove Contract has been filed in my office
)
on the ' day of , 2013.
Kevi Firnstahl, City Clerk
Bond # RCN2126153
SECTION 005300 CONTRACT FORM 4
CITY OF DUBUQUE, IOWA
PERFORMANCE, IPAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Murphy Construction Group LLC as Principal
(Contractor) and Old Republic Surety Company as Surety are held firmly bound unto
the City of Dubuque, Iowa (City), in the penal sum of $ 235,601 (Insert Contract Amount)
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 7th day of January 2013 and duly
attested and sealed.
WHEREAS, the said Contractor by a Contract dated (Insert Contract Date: December 3
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 ARC Transfer
- Center Canopy Phase I — 2012 Project (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 subcontrac °ors, 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 the 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 I
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 I
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.
1
1
1
1
1
1
1
Dated at Dubuque, Iowa this 1 r' day of
CITY OF DUBUQUE, IOWA
By:
Myer
city Manager
PRINCIPAL:
akir
Contractor
By:
, 2014.
1
1
1
Signature
R 5 atif
Title
1
1
1
1
LIW
SURETY:
Old Republic Surety Company
Signature
Account Administrator
Title
Dubuque, IA 52003
City, State, Zip Code
563 - 585 - 232768
Telephone
Tammy J Feller
Attorney In -Fact
**
OLD REP V BLI SURETY COMPANY
+r
* * *
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and
appoint:
TIMOTHY J. KUNKEL, CHERYL L. POLLOCK, TAMMY J. FELLER, OF DUBUQUE, IA
its true and lawful Attorney(s) -in -Fact, with full power arid authority, not exceeding $20,000,000, 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, recognizances 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 WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF
ONE HUNDRED THOUSAND DOLLARS($100,000) FOR ANY SINGLE
OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION.
and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -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
attorneys -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 attorney -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 be 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 attorney -in -fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys -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 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 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 27TH day of AUGUST, 2012.
STATE OF WISCONSIN, COUNTY OF WAUKESHA -SS
On this 27TH day of AUGUST, 2012 , personally came before me, Gerald C. Leach
Phyllis M. Johnson , to me known 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 same, and being by me duly sworn, 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.
OLD REPUBLIC SURETY COMPANY
and
Nola ry Public
My commission expires: 9/28/2014
CERTIFICATE
I, the 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 -5643
Signed and sealed at the City of Brookfield, WI this
day of
KUNKEL & ASSOC., INC.
JRSC 1122851