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Contracts Bonds US 20 Devon to Men. CIP Bond Number IAC63208 CITY OF DUBUQUE, IOWA PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS: That Connolly Construction, Inc. as Principal (Contractor) and Merchants Bonding Company of Des Moines, IA as Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of $305,082.40 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 duly attested and sealed. day of , 2006, and WHEREAS, the said Contractor by a Contract dated , 2006), 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 University Avenue Embankment Stabilization 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 day of ,2006. CITY OF D~~~QU't~WA By: I 'itvl l." 11/~ City Manager PRINCIPAL: By: Connolly Construction Inc. Contractor . ~ j Lfl Signature ~- \ J.. P, Trtle SURETY: By: Merchants Bonding Company Surety Company C~'?JLj {>P{(!e-tli/ Signature Account Manager Title 203 High Street Mineral Point, WI 53565 City, State, Zip Code (608) 987-1155 Telephone Cheryl L. Pollock Attorney In-Fact Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having its principal office In the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Cheryl L. Pollock, Frederick S. Bounds, Luke M. Duenser, Timothy 1. Kunkel of Mineral Point and State of Wisconsin its true and lawful Attorney-In-Fact, with full power and authority hereby conferred in its name, place and stead, to sign. execute, acknowledge and deliver in its 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: THREE MILLION ($3,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), 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 Amended Substituted and Restated By- Laws adopted by the Board of Directors oflhe MERCHANTS BONDING COMPANY (MUTUAL) on November 16. 2002. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary 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. ARTICLE II, SECTION 9 - 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 fixed. In Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by Its President and its corporate seal to be hereto affixed, this 16th day of January, 2006. ........ ..\",G CO.. ..~~........'4t,4.. ..~..~~POI1'.;...,.;... ..(.1 ...,........:,.L. .Go:I:~ ."... :~:_ -0- c:-. .4:. 1933 ;'~: .~. .c:::. .. v&:. ...~: ...:,>if.......\'\~.. .. -t.t . ....... ST ATE OF IOWA COUNTY OF POLK ss. MERCHANTS BONDING COMPANY (MUTUAL) ~~7~ President On this 16th day of January, 2006, 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), the corporation described in the foregoing Instrument, and that lhe Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said Instrument was signed and sealed in behalf of said Corporation by authority of Its Board 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. @'CINDYSMYTH ., . a.. III bdk.. I N.n1Jer 1T.B)I. rI.\1~II,b:Al...1 IUS 0'111 March 16, 20~ STATE OF IOWA COUNTY OF POLK ss. &f1~ Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing is a true and correct copy oflhe POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), 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 Company on this day of POA 0001 (1/06) ....... ..~\\\G CO~.. . ~v............,"O.. ..~..~\\POIi'.;;..-1.". -.._:(.1 .......:;L~ - ~"::i!:' f'I"'. :~:_ -0- 0:-. . """. 1933 :~: "~'. :~: . ,,~. .',<:'. ...::iiV........\"\~.. .. * . ....... ~:4:.,J~~~. Secretary , . , " FA96 (Form 650019) 9~02 CONTRACT Letting Date: October County: DUBUQUE Cost Center: 84 9 3 0 0 Contract Work Type: 17, 2006 Contract 10: 31-2100-636 Project Engineer: IIW ENGINEERS AND Object Code: 890 EMERGENCY REPAIR - EROSION Bid Order No.: SURVEYORS P.C. DBE Commitment: 303 $0.00 This agreement made and entered by and between the CITY OF DUBUQUE CONTRACTING AUTHORITY, AND CONNOLLY CONSTRUCTION, INC. OF PEOSTA, lA, (C0455), CONTRACTOR It is agreed that the notice and instructions to bidders, the proposal filed by the Contractor. the specifications. the plan, if any, for project(s) listed below. together with Contractor's performance bond, are made a part hereof and together with this instrument constitute the contract. This contract contains all of the terms and conditions agreed upon by the parties hereto. A true copy of said plan is now on file in the office of the Contracting Authority under date of 10 / 12 /2006 PROJECT: ER-2100(636)--8R-31 WORK TYPE: EMERGENCY REPAIR - EROSION ROUTE: UNIVERSITY AVENUE LOCATION: SLIDE AREA FEDERAL AID - PREDETERMINED WAGES ARE IN EFFECT COUNTY: DUBUQUE ACCOUNTING ID: 24871 LENGTH (MILES): 0.08 The specifications consist of the Standard SDecifications for HiI!hwav and Brid!!e Construction. Series 2001 of the Iowa DeDartment of TransDortation plus the following Supplemental Specifications, Special Provisions, and addendums: DBE--2006, DBE-061017, FHWA-1273.02, GS-OI011, IA03-1.4, SS-01036, SS-01042 By Contractor, for and in considerations of $ 305 , 082 .40 payable as set forth in the specifications constituting a part of this contract, agrees to construct various items of work and/or provide various materials or supplies in accordance with the plans and specifications therefore, and in the locations designated in the Notice to Bidders. Contractor certifies by signature on this contract, under pain of penalties for false certification, that the Contrac- tor has complied with Iowa Code Section 452A.17(8) as amended, if applicable, and Iowa Code Section 91C.5 (Public Registration Number), if applicable. In consideration of the foregoing, Contracting authority hereby agrees to pay the Contractor promptly and accor- ding to the requirements of the specifications the amounts set forth, subject to the conditions as set forth in the specifications, It is further understood and agreed that the above work shall also be commenced or completed in accordance with Page 1B of this Contract and assigned Proposal Notes. Time is of the essence for this contract. To accomplish the purpose herein expressed, Contracting authority and Contractor have signed this and one other identical instrument as of the day of flZJ~11('~ ~ P Contracting Authority s:~ I_-W ~;tractor ,w Clty Clerk F. S By ~ ........!. l CONTRACT SCHEDULE OF PRICES Page: 2 ******************************************************************************** Vendor No.: Contract ID No.: Primary Work Type: Primary County: C0455 31-2100-636 EMERGENCY REPAIR - DUBUQUE I Line I No I Item Number Item Description SECTION 0001 ROADWAY ITEMS 12101-0850001 0010 lAND GRUBBING I CLEARING 12102-2710070 EXCAVATION, 0020 ICLASS 10, ROADWAY AND I BORROW 12104-2713020 EXCAVATION, 0030 ICLASS 13, CHANNEL I 12105-8425015 TOPSOIL, 0040 I STRIP, SALVAGE AND I SPREAD 12107-0875000 COMPACTION 0050 IWITH MOISTURE AND IDENSITY CONTROL 12210-0475290 0060 ISTONE BASE I MACADAM 0070 12303-0021500 HOT MIX IASPHALT MIXTURE (300,000 I ESAL) , BASE COURSE, 1/2 IIN. MIX 0080 12303-0023500 HOT MIX IASPHALT MIXTURE (300,000 IESAL), INTERMEDIATE OR ISURFACE COURSE, 1/2 IN. IMIX, NO SPCL FRIC REQ 12303-0246422 ASPHALT 0090 I BINDER, PG 64-22 I 12303-0247028 ASPHALT 0100 I BINDER, PG 70-28 I I I I ACRE I I ICY I I ICY I I ICY I I ICY I I I TON I I I TON I I I I TON I I I I I TON I I I TON Bid Order No.: Letting Date: EROSION 303 October 17, 10:00 A.M. 2006 Item Quantity and Unit I Unit Price I Bid Amount 1----------------1-------------- I Dollars I Cts I Dollars ICts I 0.8001 I I 5,490.0001 I I 1,700.0001 I I 1,247.0001 I I 5,490.0001 I I 630.0001 I I 15.0001 I I I 10.0001 I I I I 0.9001 I I 0.6001 I 14,080.00 35,355.60 15,929.00 9,165.45 5,490.00 10,048.50 1,221. 75 814.50 417.15 432.60 -------------------------------------------------------------------------------- . . . " t CONTRACT SCHEDULE OF PRICES Page: 4 ******************************************************************************** Vendor No.: Contract ID No.: Primary Work Type: Primary County: C0455 31-2100-636 EMERGENCY REPAIR - DUBUQUE Bid Order No.: Letting Date: EROSION 303 October 17, 10:00 A.M. I Line I No I Item Number Item Description 12528-8400048 TEMPORARY 0220 IBARRIER RAIL, CONCRETE I 12528-8445110 0230 ICONTROL I TRAFFIC 12528-8445112 0240 I I FLAGGERS 12533-4980005 0250 IMOBILIZATION I 12601-2634100 0260 I I MULCHING 12601-2636044 SEEDING 0270 IFERTILIZING (URBAN) I 12602-0000020 0280 I I SILT FENCE 12602-0000060 0290 ISILT FENCE I REMOVAL OF 12602-0000090 CLEAN-OUT 0300 IOF SILT FENCE I ITOTAL BID 2006 Item Quantity and Unit I Unit Price I Bid Amount 1----------------1-------------- I Dollars I Cts I Dollars ICts I I LUMP I I I I DAY I 15.700001 I I I I I 255.000001 I I I I I 350.000001 I I 1,570.000001 I I 2.400001 I I 1. 05000 I I 1 2.000001 I 6,083.75 4,060.00 5,100.00 7,150.00 371.00 1,664.20 1,056.00 462.00 440.00 ==..............m.=====.===================......============================___ 305,082.40 I I I -------------------------------------------------------------------------------- I 1 ILF 1 1 LUMP I I 1 I ACRE AND I I I ACRE I I ILF I I ILF I I ILF