Improvment Contract_Visu-Sewer for FY13-14 CIPP Sewer Lining ProjectDubuque
Amenca
2012
Masterpiece on the Mississippi
TO: Kevin Firnstahl, CMC City Clerk
FROM: Kerry Bradley, Engineering Secretary
SUBJECT: CIPP Sewer Lining Project
DATE: July 30, 2013
Engineering Dept 'tient
50 W. 13th Street
Dubuque, Iowa 52001
Office (563) 589 -4270
Fax (563) 589 -4205
www.cityofdubuque.org •
Attached are the Public Improvement Contract and Performance, Payment and
Maintenance Bond between the City of Dubuque and Visu -Sewer of the City of
Pewaukee, WI for the FY13 and FY 14 CIPP Sewer Lining Project.
The Certificate of Liability Insurance has been approved by Finance Director Ken
TeKippe.
Upon execution of the noted documents, please keep one copy for your records and
return the other copies to the Engineering office for further processing.
Service People Integrity Responsibility Innovation Teamwork
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract) , made in triplicate,
dated for reference purposes the 1st day of July, 2013 between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City
Manager its City Council(City) and Visu- Sewer, Inc. of the City of Pewaukee, WI.
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 FY13 and FY 14 CIPP Sewer Lining Project (the Project).
The Project shall be constructed according to the plans and specifications
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 all 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 therefor.
8. The Contractor shall fully complete the Project under this Contract
on or before November 29, 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 therefrom, 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 $490,792.20
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 $500.00 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
therefor.
CITY OF DUBUQUE, IOWA PRINCIPAL
By �.
\ 1 SLa m SE_WE..R, i.am.
city `Manager Con jfactor
By: 6 ( 1(_
Signature I
tr� r. et n�N ®��
PRESIQEWT
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified copy .f the above Contract has been filed
if,
in my office on the day of - ,2013.
Ke in S. Firnstahl,'CMC,, City Clerk
SPECIAL PROVISIONS
An out -of -State contractor, before commencing a contract in excess of $5,000.00, shall,
pursuant to Iowa Code 91C.7(2), file a bond with the Division of Labor Services of the
Department of Employment Services. The Surety Bond shall be executed by a Surety
Company authorized to do business in the State of Iowa, and the bond shall be
continuous in nature until canceled by the Surety with not less than 30 days written
notice to the contractor and to the Division of Labor Services of the Department of
Employment Services indicating the Surety's desire to cancel the bond. The bond shall
be in the sum of the greater of the following amounts:
a. $1,000.00
b. 5% of the contract price
Release of the bond shall be conditioned upon the payment of all taxes, including
contributions due under the unemployment compensation insurance system, penalties,
interest, and related fees, which may accrue to the State of Iowa or its subdivision on
account of the execution and performance of the contract. If any time during the term of
the bond the Department of Revenue and Finance determines that the amount of the
bond is not sufficient to cover the tax liabilities accruing to the State of Iowa or its
subdivision, the Department will require the bond to be increased by an amount the
Department deems sufficient to cover the tax liabilities accrued and to accrue under the
contract, as provided under Iowa Code 91C.7(2).
If it is determined that this subsection may cause denial of Federal Funds which would
otherwise be available, or would otherwise be inconsistent with requirements of Federal
law, this section shall be suspended, but only the extent necessary to prevent denial of
the funds or to eliminate the inconsistency with Federal requirements.
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Visu- Sewer, Inc. as Principal
(Contractor) and Merchants Bonding Company as Surety are held firmly bound
unto the City of Dubuque, Iowa (City), in the penal sum of $490,792.20 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 12th day of July , 2013, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated July 1St, 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 FY 13 and FY
14 CIPP Sewer Lining 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 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 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.
Dated at Dubuque, Iowa this 12th
day ofJuly 2013.
CITY OF DUBUQU
By:
, IOWA
City M nager
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ise3/4•*** VOL '74 #
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PRINCIPAL.:
Visu-Sewer, Inc.
Contractor
By:
g
1933 eE Surety Company
0.0.°°
, Signature
Signature KEITti rr ALE:Afik■oui_
c)RES■DEIS-C
Title
RETY:
S. Merchants Bonding Company
Debbra A. Hinkes, Attorney-in-Fact
Title
Des Moines IA 50321
City, State, Zip Code
262-796-8826
Telephone
Debbra A. Hinkes
Attorney In-Fact
MERC s4 , TS
BONDING COMPANYru
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "),
and that the Companies do hereby make, constitute and appoint, individually,
Charles L Schiltz; Debbra A Hinkes; Pamela M Hineman; Robert M Tortelli
of New Berlin and State of WI their true and lawful Attorney -in -Fact, with full power
and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their 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:
TWENTY -FIVE MILLION ($25,000,000.00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, 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 By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
"The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President 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.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 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, the Companies have caused this instrument to be signed and sealed this 2nd day of
STATE OF IOWA
COUNTY OF POLK ss.
e 1101,144
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2003
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March , 2012.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By
767/1,
President
On this 2nd day of March , 2012 , 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) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards 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.
STATE OF IOWA
COUNTY OF POLK ss.
+,, MARANDA GREENWALT
.1 Commission Number 770312
My Commission Expires
°"+” October 28, 2014
.. ' i e ms'` :t
,0
Notary Public, Polk County, Iowa
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this id/ ./-)day dj
2013 •
r ` ,
POA 0014 (11/11)
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R P 0,9 • '0� °
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®y 1933 ; c
Secretary