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Improvement Contract_Midwest Concrete for 2013 Access Ramp InstallationCITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT 2013 Access Ramp Installation Project Various Locations For Asphalt Overlay Program This Improvement Contract (the Contract), made in triplicate, dated for reference purposes the 1311h day of May, 2013, between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City) and Midwest Concrete Inc. (Contractor) of the Peosta, IA (Address City State). 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 2013 Access Ramp Installations — Various Locations For Asphalt Overlay Program (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 on or before July 1, 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 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 $ 20,400.10 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 $2000.00 (Two - Thousand - 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 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). CITY OF DUBUQUE, IOWA By By: (-,0 K-1. Signalture Title CERTIFICATE OF CITY CLERK This is to certify that a certified copy of the above Contract has been filed in my ,„- day of - , 2013. office on the Key' . Firnstahl, CMC ity Clerk Bond Number 0878154 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Midwest Concrete Inc. as Principal (Contractor) and West Bend Mutual Insurance as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $20,400.10 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 20th day of May and sealed. , 2013, and duly attested WHEREAS, the said Contractor by a Contract dated May 13, 2013, 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 2013 Access Ramp Installation Project. 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 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 riot 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. Dated at Dubuque, Iowa this zoth day of CITY OF DUBUQUE, IOWA By: City Manager May , 2013. PRINCIPAL. Contractor Midwest Concrete, Inc. By: Signature Ryan Coates Title Owner SURETY West Bend Mutual Insurance Company Bv Surety Company Signature Diana Hedrick Agent Title Dubuque, Iowa 52001 City, State, Zip Code 563-556-5441 Telephone y In Fact Jill Conrad MIDWCON -03 JCONRAD r CERTIFICATE LIABILITY INSURANCE DATE(MM /DD /YYYY) 5/21/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER TRICOR, Inc. - Dubuque 500 Iowa Street Dubuque, IA 52001 CONTACT NAME: PHONE 563 556 -5441 No, Ext): ( ) FAX 608 723 -6440 (A /C, No): ( ) E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Acuity Insurance 14184 INSURED Midwest Concrete, Inc. 16869 Navarre Court Peosta, IA 52068 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IANSR X SUBR SWVD POLICY NUMBER X67489 POLICY EFF (MM /DD //YYYY) 4/15/2013 POLICY EXP (MM /DD //YYYY) 4/15/2014 LIMITS EACH OCCURRENCE $ 1,000,000 A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISE�Ea occurrence] $ 50,000 $ 5,000 MED EXP (Any one person) CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 2,000,000 GEN'L X AGGREGATE POLICY X LIMIT APPLIES PER: jECQ X LOC $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS X X67489 4/15/2013 4/15/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY ACC DENMAGE )- $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X67489 4/15/2013 4/15/2014 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 _ $ DED X RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A X X67489 4/15/2013 4/15/2014 X TW TAMS OT- E.L. EACH ACCIDENT $ 100,000 E. L. DISEASE- EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 2013 Access Ramp Installations City of Dubuque including all its elected and appointed officials, all its employees and volunteers, all its boards, commmissions and /or authorities and their board members, employees and volunteers are addl insrd on a primary, non - contributory basis including ongoing operations and completed operations. Governmental Immunities applies in favor of City of Dubuque. Waiver of subro on the WC pol in favor of the City of Dbq. Notice of cncl is ammended to 30 days per the attached form. CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 West 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IOWA EXECUTIVE OFFICERS, SOLE PROPRIETORS, PARTNERS, MEMBERS AND MANAGERS OF LIMITED LIABILITY COMPANIES AND OTHERS, BENEFIT LEVEL SELECTION ENDORSEMENT This endorsement applies only to the insurance pro- vided to Executive Officers, Sole Proprietors, Part- ners, Members or Managers of Limited Liability Companies or Others by the policy because Iowa is shown in Item 3.A. of the Information Page. The persons listed in this endorsement may select a level of payroll for benefit calculation purposes within the minimum and maximum payroll amounts as list- ed on the state Miscellaneous Values pages. Persons OFFICERS: RYAN COATES CONOR TAFT WC 14 06 02(7 -02) If no selection is made on this form, the actual payroll for each person to which this endorsement applies, subject to the minimum and maximum limits listed on state Miscellaneous Values pages, will be used for benefit calculation. The premium basis for the policy includes the payroll of such persons. SCHEDULE Selected Payroll for Benefit Determination $18,500 $18,500 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13(4 -84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or or- ganization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE CITY OF DUBUQUE ADDITIONAL INSURED CITY OF DUBUQUE, IOWA This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART BIS -PAK BUSINESS LIABILITY AND MEDICAL EXPENSES COVERAGE FORM 1. The City of Dubuque, Iowa, including all its elected and appointed officials, all its employ- ees and volunteers, all its boards, commissions and /or authorities and their board members, employees and volunteers, are included as ad- ditional insureds with respect to all work and services performed for them. This coverage shall be primary to the additional insureds and not contributing with any other insurance or similar protection available to the additional in- sureds, whether other available coverage be primary, contributing or excess. 2. The following applies when the City of Du- buque, Iowa is named as an additional insured: a. We expressly agree and state that the pur- chase of this policy and the naming of the City of Dubuque, Iowa as an additional in- sured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. b. We further agree that this policy of insur- ance shall cover only those claims not sub- ject to the defense of governmental immu- nity under the Code of Iowa Section 670.4 as it now exists and as it may be amended EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA This endorsement modifies insurance provided under the following: DELUXE BIS -PAK PROPERTY COVERAGE FORM 1. The exclusion set forth in paragraph 2 applies to all coverage under this Coverage Form and all forms and endorsements that comprise this policy, except as provided in paragraph 3. This includes but is not limited to forms or endorse- ments that cover property damage to buildings or personal property and forms or endorse- ments that cover business income, extra ex- pense or action of civil authority. 2. We will not pay for loss or damage caused by or resulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease. 3. However, the exclusion in paragraph 2 does IL- 7063(7 -02) from time to time. Those claims not subject to the Code of Iowa Section 670.4 shall be covered by the terms and conditions of this policy. c. The City of Dubuque, Iowa shall be respon- sible for asserting any defense of govern- mental immunity, and may do so at any time and shall do so upon timely written request by us. d. We shall not deny coverage under this poli- cy and we shall not deny any of the rights and benefits accruing to the City of Du- buque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental im- munity asserted by the City of Dubuque, Iowa. e. We and the City of Dubuque, Iowa agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under the poli- cy. 3. We will give thirty (30) days advance written notice of cancellation, nonrenewal, reduction in coverage or limits and /or material change by endorsement and ten (10) days written notice for nonpayment of premium to: City of Dubuque and Dubuque County, City Hall, 13th and Cen- tral, Dubuque, IA 52001. This endorsement su- persedes the standard cancellation statement on the Certificate of Insurance to which this endorsement is attached. CB- 0601R(1 -07) not apply to the following: Loss or damage caused by or resulting from fungi, wet rot or dry rot. Such loss or damage is addressed in a separate exclu- sion in this policy. 4. With respect to any loss or damage subject to the exclusion in paragraph 2, such exclusion supersedes any exclusion relating to pollutants. 5. The following endorsement is hereby amended to remove reference to bacteria: Limited Fungi or Bacteria Coverage. 6. The terms of the exclusion in paragraph 2, or the inapplicability of this exclusion to a particu- lar loss, do not serve to create coverage for any loss that would otherwise be excluded un- der this policy.