Improvement Contract_River City Paving_White Street HMA ProjectCITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
WHITE STREET HMA RESURFACING WITH MILLING PROJECT (11th- 21St STREET)
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 23rd day of April, 2014, between the City of Dubuque, Iowa, by
its City Manager, through authority conferred upon the City Manager by its City Council
(City) and River City Paving, a Division of Mathv Construction, 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 material and equipment and to perform all labor necessary for the
White Street HMA Resurfacing with Milling (11th — 21st Street) (the Project).
The Project shall be made to the established grade and to the grades as shown on
the plans 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
October 31, 2014.
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, Toss 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 Tess 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 $ 1,088,819.59
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 ( Five Hundered 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 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
City Manager
PRINCIPAL:
By:
Co tra t� a„. ��' Marg/
Title
CERTIFICATE OF CITY CLERK
This is to certify that a certified copy of the above Contract has been filed in my
office on the µ)�( day of .% ` , 2014.
KevinS. Firnstahl,` CMS City Clerk
Bond No. 929593113
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That River City Paving, a Division of Mathy
Construction, as Principal (Contractor) and western Surety Company as
Surety are held firmly bound unto the City of Dubuque, Iowa (City), in the penal sum of
$ 1,088,819.59 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 28th day of April , 2014, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated April 23, 2014, 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 White Street HMA
Resurfacing Project, from 11th to 21st Street (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 28th day of April , 2014.
CITY OF DUBUQUE, I WA PRINCIPAL
Riving City Paving, A Division of
Mathy Construction Company
Contractor
By.
City Manag
(,P
Title
SURETY
Western Surety Company
Surety Company
• By. t' ,VV1 l p ..
Signature
Nina E. Werstein. Attorney -in -Fact
Title
1600 Utica Avenue South, Suite 600
Minneapolis, MN 55416
City, State, Zip Code
763-302-7100
Telepl ne
ttorney In Fact, Laurie Pflug _'
Surety Acknowledgment
State of MINNESOTA
County of Hennepin
On this 28th day of April 2014, before me personally came Nina E. Werstein, to me
known, who being by me duly sworn, did depose and say that she is the Attorney -in -Fact of
Western Surety Company described in and which executed the above instrument; that she/he knows the
seal of said corporation; that the seal affixed to said instruments is such corporate seal, that it was so
affixed by order of the Board of Directors of said corporation, and that she/he signed her/she/his name to
it by like order.
Notary Public
HEATHER R GOEDTEL§.
Q
!OTARY PUBLIC - MINNESOTA'
My Commission Expires
January 31, 2018
LV,.,,,,,AtAivvvtIvvv\ "9
A
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Nina E. Werstein, Laurie Pflug, Jill N. Swanson, Dennis G. Loots, Brian D. Carpenter, Nicole
Langer, Craig Olmstead, Jessica Hoff, Heather R. Goedtel, Michelle Sylvester, Individually
of Minneapolis, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 18th day of September, 2013.
State of South Dakota
County of Minnehaha
i
J
ss
WESTERN SURETY COMPANY
aul T. Bruflat, Vice President
On this 18th day of September, 2013, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires
June 23, 2015
+ 4b.t.v".4-0.~5" ',','S'."roay+
i J. MOHR
s • NOTARY PUBLIC ^ t
SEAL SOUTH DAKOTA 5E4� i
S4. r
CERTIFICATE
J. Mohr, Notary Public
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 28th day of April , 2014 .
Form F4280-7-2012
WESTERN SURETY COMPANY
L. Nelson, Assistant Secretary
Authorizing By -Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.