Improvement Contract_Fergusson Water Works, Fire Hydrant Painting Project Phase 3Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Bob Green, Water Department Manager
SUBJECT: Fire Hydrant Painting Program Phase 3
Contract Signatures - CIP 740 -2201
DATE: January 23, 2013
666 ci,GQ,_
Dubuque
** * **
All-America City
'1 1 1 If
2012
DISCUSSION:
The purpose of this memorandum is to request your signature on the following contract
documents to award phase 3 of the Fire Hydrant Painting Program to Ferguson
Waterworks (dba) Davies Services of Appleton Wisconsin. This phase of the program is
for priming and repainting approximately 500 public fire hydrants in the amount of
$56,000.00 (Fund balance $106,469.17).
City Attorney Barry Lindahl and Finance Director Ken TeKippe have reviewed this
agreement, bonds and insurance schedules and find them to be acceptable.
ACTION:
The city's consultant firm, IIW Engineering of Dubuque, staff and I are requesting your
approval by signature to accept this contract. Please sign the attached documents as
marked so that we may proceed with this project.
Staff and I are available to meet with you at your convenience to discuss and answer
any questions that you may have with this.
Attachments
cc: Michael Brekke, Water Distribution Supervisor
File
CITY OF DUBUQUE, IOWA
FIRE HYDRANT REPAINTING PROJECT
PHASE 3 2012/2013
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 30th day of November, 2012, between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City) and
Ferguson Enterprises, Inc. dba Davies Services (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the Fire Hydrant
Repainting Project Phase 3 2012/2013.
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 Documents 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: Any ordinances and resolutions
heretofore adopted by the City Council having to do with the Project; the Request for
Quotations; the Contractor's Proposal; and the Specifications, and General Requirements
as prepared for the City 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 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 specifications herein referred to and
F -1
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 within 130 consecutive
calendar days.
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 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, 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 specifications is approximate only and the final
payment shall be made by the work covered by the Contract.
CONTRACT AMOUNT $56,000.00.
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 Tess
than ten percent (10 %) of the Contract price but in no event be less than $200.00 (Two
Hundred 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 years after acceptance of the
same by the City and its bond shall be security therefore.
CITY OF DUBUQUE, IOWA
r
By
Michael Van Milligen, City Manager
PRINCIPAL:
Contractor: Ferguson Enterprises, Inc.
dba Davies Services
By: %/
/'SignatuYe
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certifiie
office on the day of ` t'/
copy of the above Contract has been filed in my
, 20.
CITY OF DUBUQUE - WATER DEPARTMENT
FIRE HYDRANT REPAINTING PROJECT
PHASE 3
2012/2013
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit prices or indicated sums:
NOTE: Bids shall EXCLUDE sales tax and all other applicable taxes and fees
BID SCHEDULE
(BID FORM 1A)
NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE
1 Mobilization and Miscellaneous 1 LS Lump Sum /0, 00 0
2 Traffic Control 1 LS Lump Sum 3, boo
3 Fire Hydrant Surface Preparation & Repainting 500 EA * .g aa'f o 9'11 -a--00
4 Supplemental Surface Preparation 40 HOURS 95. 00 // ? 0 0
TOTAL OF BID FOR PHASE 3 FIRE HYDRANT REPAINTING A1, 000
This bid schedule is submitted by: f ,,yi c es
Contractor Name
The bidder shall submit the Bid Proposal form (page B -2) with this Bid Schedule
The bidder's Iowa Registration Number is: l■ 102 70 LI
* The City of Dubuque Water Department reserves the right to increase or decrease the number of hydrants
painted subsequent to receipt of bids in order to comply with budget limits,
Bid Proposal Page 1 of 2
B -1
CITY OF DUBUQUE, IOWA
FIRE HYDRANT REPAINTING PROJECT
PHASE 3
2012/2013
BID FORM 1B
BID PROPOSAL
The bidder hereby certifies that the bidder is the only person or entity interested in this
proposal as principal; that an examination has been made of the specifications, and contract
form, including the special provision contained herein, and of the site of the work, and the bidder
understands that the quantities of work shown herein are approximate only and are subject to
increase or decrease; and further understands that all quantities of work, whether increased or
decreased, are to be performed at the unit price as stipulated herein; the bidder proposes to
furnish all necessary machinery, equipment, tools, labor and other means of construction, and
to furnish all materials specified in the manner and time prescribed and to do the work at the
prices herein set out.
The bidder further agrees to execute a formal contract and bond, if required by the
contract documents, within seven (7) days of the award of the contract by the City Manager, and
that the bidder will commence work on the contract within 10 days of the Notice to Proceed, and
will complete the work within the specified contract period or pay the liquidated damages
stipulated in the contract documents.
The bidder acknowledges receipt of the following addendum:
PRINCIPAL:
Dated:
Dated:
Dated:
S oh ice)& l ✓' (Vol/1f 3 (0/3/4)
Cofactor
individual ( ) Partnership ( ) Corporation,
ignatur
Title
(5(1; 56 A) fi, 011 12_1d
Address
City
State
Gl q'/ 3
Zip
Date
Note: To be complete0 by out of State bidders.
The State of LA/ ( does ( ) / does not (utilize a percentage preference for in
state bidders. The amount of preference is percent.
The bidder shall submit the Bid Schedule form (page B -1) with this Bid Proposal.
Bid Proposal Page 2 of 2
B -2
SALES TAX EXEMPTION CERTIFICATE INFORMATION
Project Name: Fire Hydrant Repainting Project Phase 3 2012/2013
City /Owner Contact: City of Dubuque, Iowa
IIW Project No.: 12190 -01
General Contractor:
Address:
Ferguson Enterprises, Inc. dba Davies Services
5350 N Richmond St., Appleton, WI 54913
Phone:
(920) 731 -3252
Subcontractor:
Subcontractor:
Street /PO Address:
City / State / Zip
Phone:
Fax:
Federal ID No.:
Type of Work:
Subcontractor:
Street /PO Address:
City / State / Zip
Phone:
Fax:
Federal ID No.:
Type of Work:
Subcontractor:
Street /PO Address:
City / State / Zip
Phone:
Street /PO Address:
City / State / Zip
Phone:
Subcontractor:
Street /PO Address:
City / State / Zip
Phone:
Fax:
Federal ID No.:
Type of Work:
Subcontractor:
Street /PO Address:
City / State / Zip
Phone:
Fax:
Federal ID No.:
Type of Work:
CITY OF DUBUQUE, IOWA
FIRE HYDRANT REPAINTING PROJECT
PHASE 3 2012/2013
Bond No. K08851785
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Ferguson Enterprises, Inc. dba
Davies Services as Principal (Contractor) and Westchester Fire Insurance Company as
Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of
$56,000.00 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 this 20th day of December , 2012, and duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated November 30, 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 Fire Hydrant
Repainting Project Phase 3 2012/2013 according to the Contract Documents prepared
therefore.
It is expressly understood and agreed by the Contractor and Surety 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
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 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 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) years from the date
of acceptance of the work under the Contract by 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 and Contract Documents shall be considered as a part of this Bond
just as if their terms were repeated herein.
Dated this 20th day of December 2012.
CITY OF DUBUQUE, IOWA PRINCIPAL: Fe
dba Davies Se
By:
Michael Van Mil ligen, City Manager
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SURETY: Westchester Fire Insurance ' Op 41/1/1 0
Company
Signatu
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Title
By:
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A torney-in-fact
Title
436 Walnut Street
Philadelphia, PA 19106
City, State, Zip Code
610-254-5635
Telephone
Jane L. Cole
Attorney In-Fact
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Power of
Attorney
WESTCHESTER FIRE INSURANCE COMPANY
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XpowaIl men 4 these presents That WESTCHESTER :FIRE INSURANCE COMPANY ,a corporation.of the Commonwealth of Pennsylvania pursuant to the
following Resolution adopted by:the.Board ofbireetors efthe.said Company on Deeember 11 :2006 lo•wit
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• . ....' ..."RESOLVED. that the following authoriZzitioris:relato to the execution; for and on behalf of the Company of bonds undertakings, recognizences, contracts and other written commitments of the Company
_entered into tle ordinary coarse of busineSkeabb a 11'Written•Conunitment"): , .... '. - '.1 • '
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(1) • Each of the Chcormam the President and:ii)e. Vide presideros of me Company is hereby authorized to execute any Written Commitment for and on behalf of the Compsoi under the Ibe 0001 of the Company
otherwise,
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(2) Each duty appointed attorney-in,-fact of•the ConiPany is hereby authonieci to execute any Written Commitment for and on behalf of.the Company, Under the seal of the Company or othenvise, to the extent that
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sueh action is authonzed the gram of po.vers prouded for in such persoos wrmeri appointment as such attomey-in-fact . --.' .. '.....• • ::•• : .. . . . -. •-• . .. .
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(3) Each of the Chairman, the President and the Vice Presidents ofthe CoMpany is hereby•authOrized, for and on behalf of the Cdtimany to appoint in Wnting any person the attorney-inrfact of the Company with •• .
full Power and anthority to execute, for and oO.behalf of the CoMpanyiunder the seal ofthecompany or othenvise, such Written.CoiMnitmeats ofthe Company as ma • be specified in suchsvritten ! -
, • .. , . •• ., . • -.. • -• .... . . . • ... ..
appointment, which specification may be„by..generat type or class of Writteit Commitments or by specification of one or more particulat.Written•Commitments.
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Each of the Chaii-man, the President and yipitimsidents OftheCornpany in herebyeinhorized, for and on behalf of the Company, to :delegate in writing any other officer of the Company die authority to • •
.. • . ... • • .
execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are.sPedified in such written delegation, which specification may be by
general type or class of Written Commitments or by of cog or more particular Written Commitments.
...
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The signature-of any officer or oth er POrsoweXCeutin g any Written Commitnenl .or aPpoiritment or -delegation pursuant to this Resoit;tio MOnd the seal of the company, may be affixed by facsimile on such . .
Written Commitmentor ‘vritto appointment or4elegatrofr.,.
FURTHER REf),LVE13, that the fOregdingROsolution shall not be deemed to bean exclusive statement 0f the powers and authority of officers, einployees and other persons to act for ancl on behalf of the •
Company, and such Resolution shall notlitrut Or otherwise affect the exercise.of any such power or authority, otherwise validly granted„or Vested... • : •
Does hereby nominate, constitute:and appoint Charles 3'1: Parser's, ,ChtiatriPher F Mulvaney, Jane L Cole, Leonard 11,„Dwojeski, Mark Niemeyer; Mark A Lynch, Vicki
Johnston, Vincent J Mancini, Wendy Lee Wadking, all of the City Of RADNOR: Pennsylvania, each individually if there be more than one named, its true and lawful
attorneP.iri4fact, to make; ekocute, seafand:deliver itsbehalf, and as its act and deed any and all tends, undertakings, recOgniances, contracts and other writings in
the nature thereof in penalties not exceeding.Ten.rnillfon dollars & zero cents ($10;000,Q00.00),Pnd the exeeittion:of such Writings in pinsuarice:of these presents shall
be as binding upon said Cornpany, ai:fullagartiply as it they had been duly executed and apknowledged..by the regularly elected.officerSof the .Company at As
principal office. ]..,
IN WITNESS WHEREOF ' the said Stephen M Haney ; VieeiPresident, has hereunto Subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIREINSURANCE,COMPANI'thia.6.:Clay efAprit201.2: .
WESTCHESTER FIRE INSURANCE COMPANY
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 6 day of April, AD, 2012 before me, a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came Stephen M.
Haney ,Vice-Presideiit of the WESTCIIES'I'ER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed the
preceding instrument, and he acknowledged that he executed the same, and that the seal affixed to the preceding instrument is the corporate seal of said Company; that
the said corporate seal acid his signature were duly affixed by the authority and direction of the said corporation, and that Resolution, adopted by the Board of 1)irectors
of said Company, referred to in the preceding instrument, is now in force, • . -
IN TESTIMONY WIIEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia ,the day and year first above written.
Stephen M. }tiny Vice pfe$idetti
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KAM E RAW
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My Conflation
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1 the undersigned Assistant Secretary„eftlie.yTaiE$TETz FIRE INSURANCE COMPANY, do hereby that the original pOWER OF ATTORNEY of
which the foregoing is a substantially true and.correct:copy, islri full force:and effect. , r • • ," . • • • , ]-• • •••
In witness whereof, I have hereunto subscribed my name as Assistant Secretary, and affixed the corporate seal of the Carpal-titian, this 20 day of December, 2012
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THIS POWER OF ATTORNEy MAY NOT BE USED TO EXECUTE ANY BOND WITH AN ...INCEPTION DATE AFTER April 06; 2014 :
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THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES
THAT WILL PROTECT AGAINST COPY COUNTERFEIT AND M,,TERATION.