Improvement ContractsRESOLUTION NO. 511-07
APPROVING PUBLIC IMPROVEMENT CONTRACTS AND BONDS
Whereas, the City Council has awarded the following public improvement
contracts:
1. By Resolution No. 412-07, Public Improvement Contract for the 2007 Sewer
CIPP Lining Project to Visu-Sewer Clean and Seal, Inc.; and
2. By Resolution No. 448-07, Public Improvement Contract for the Clear Well
Renovation Project to Tricon General Construction; and
Whereas, the Contractors have submitted the attached executed Public
Improvement Contracts and bonds.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
The Public Improvement Contracts and bonds attached hereto are hereby
approved.
Passed, approved and adopted this 15th day of October, 2007.,'
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
CONTRACT FORM 3
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
CLEAR WELL RENOVATION PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 4th day of September 2447, between the City of
Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager
by its City Council (City) and Tricon General 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 a!I material and equipment and to perform all labor necessary for the
Clear Well Renovation Project (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 Water Department 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 fallowing: All ordinances and
resolutions heretofore adopted by the City Cauncil having #o 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 far the Project.
3. Alf materials used by the Contractor in the Project shall be the best of their several
kinds and shaA be put in place to the satisfaction of the City Manager.
4. The Con#ractor 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 (34) 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
34320 00510-1
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
May 23, 2008.
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold
harmless the City from and against all Gaims, damages, losses and expenses,
including but not limited to attorneys' fees, arising out of or resulting from
perforrance of the Contract, provided #hat 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 subcon#ractor 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.
10. The Contractor acknowledges and agrees that this Public Improvement Contract for
the Project was awarded by the City Council, contingent upon review and approval
from the Iowa Department of Natural Resources and Iowa Finance Authority. The
Contractor acknowledges and agrees that the Contract is contingent upon review
and approval from the Iowa Department of Na#ural Resources and the Iowa Finance
Authority and that in the event that such approval is not received by November 1,
2007, then this Contract shall be null and void.
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.
34320 00510-2
A. BASE BID ITEM -Furnish all labor, materials and equipment necessary to
complete renovations to the East and West Clear Well including but not
limited to, demolition, stub wall and roof replacement, epoxy crack injection,
shotcrete repair, east tank roof/wall waterstop repair, Class A and Class B
repairs, installation of EPDM roof membrane, disinfection of tanks, leak
testing of west tank, lawn and asphalt repair, and miscellaneous associated
work, including cleanup for the lump sum amount of
Seven Hundred Fifty-one Thousand One Hundred Eighty and 00/100
Dollars ($ 751,180.00 ).
B. UNIT PRICE ADD/DEDUCT ITEM. Epoxy crack injection in variance of total
plan quantity.
C.
D.
E.
Fifty-four and 00/100
Unit Price per Linear Foot Dollars ($54.00 ).
UNIT PRICE ADD/DEDUCT ITEM. shotcrete repair in variance of total plan
quantity.;
Ninety-four and 00/100
Unit Price per Square Foot Dollars ($94.00 ).
UNIT PRICE ADD/DEDUCT ITEM. Class A repairs to East Clear Well in
variance of total plan quantity.
Twelve and 00/100
Unit Price per Square Foot
Dollars {$12.00 ).
UNIT PRICE ADD/DEDUCT ITEM. Class B repairs to East Clear Well in
variance of total plan quantity.
Twenty-nine and 00/100
Unit Price per Square Foot Dollars ($29.00 ).
34320 00510-3
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 tha# 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-Hundred-Dollars) as liquida#ed 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 band.
The Contractor agrees, and its bond shall be surety therefore, that it wilt
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 band shall be security
therefore.
CITY OFD BUQUE, 10 ?A
By ~~
Cit Manager
PRINCIPAL:
_._
Contractor
ignatu~`e
--~
Ti#le
CERTIFICATE OF CITY CLERK
This is to certi that a certified op of the above Contract has been filed
in my office on the ,~~~ day of J ~ ~/ , 2007.
eanne F. Schneider, CMC, City Clerk
34320 00510-4
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
2007 Sewer CIPP Lining Project
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for
reference purposes the 13 day of .A 2007, between the City of
Dubuque, Iowa, by its City Manager, through a~1 hority conferred upon the City Manager
by its City Council (City) and Visu-Sewer Clean & Seal, Inc. of the City of Pewaukee,
Wisconsin.
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 2007
Sewer CIPP Lining Project (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: the Notice to Bidders; the
Contractor's Proposal; Plans, Specifications, and General Requirements as adopted
by the City Engineer 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 Engineer.
4. The Contractor shall remove any materials rejected by the City Engineer 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 Engineer
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
Engineer to pay any claim that may be filed within said time for labor and materials
done and furnished in connection with the pertormance 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
November 30, 2007.
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 Engineer, 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 $177,865.00
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 less than ten percent (10%) of the Contract price but in no event be
less than $500.00 (Five Hundred and 00/100 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 (2) years after acceptance of
the same by the City Engineer and its bond shall be security therefore.
CITY OFD BU U/E~, IOWA
,~~~~
gy ~,.~ ,.-i~f- ~ ~-"_
Cit Manager
PRINCIPAL:
ig ~ -Sewer' C~ e,an. ~' S eCt~_LrLc
Contractor
BY~ I L 1 ~~'L~ ~ zx a~r.~_---
Signature Ke;-~-h M. A~exav~.~er
`~~reside~
Title
CERTIFICATE OF CITY CLERK
This is to ce that a ce 'fie copy of t e above Contract has been filed in my
office on the ~ day of -~ , 2007.
., _
~!~'~~7"
Jeanne F. Schneider, CMC, City Clerk
Bond Number: IAC84000
CITY OF DUBUQUE, IOWA
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
KNOWN ALL MEN BY THESE PRESENTS: That Visu-Sewer Clean & Seal, Inc.
as Principal (Contrac#or) and Merchants Bonding Company as Surety are
held firmly bound unto the City of Dubuque, Iowa {City}, in the penal sum of
$177,865.00 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 t3th day of August , 2007, and
duly attested and sealed.
WHEREAS, the said Contractor by a Contract dated August 13 , 2007,
incorporated herein by reference, has agreed with said City of Dubuque to perform ail
labor and furnish all materials required to be performed and furnished for the 2007
Sewer CIPP 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:
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 Contrac# 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 ar 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 #o 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 wi#h 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 ~3tn day of August , 2007.
CITY OF DUBUQUE, IOWA
By. _ r' ~~ ~.~ ~
City Manager
PRINCIPAL:
Visu-Sewer Clean & Seal, Inc.
Contractor
By:
Signature (~er4.1r, M. A~exc~. r
~res ~ ~e~~-
Title _...__
SURETY:
Merchants Bonding Company ~~_
Surety Corrtpany
BY~ ~L~.KJ~'~(. ~ • Y~.~l.~
Signature
Debbra A. Hinkes, Attorney-in-Fact
Title ______m____.______
New Berlin, WI 53151
City, State, Zip Code
262-796-8826
Telephone
Debbra A. Hinkes
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
Debbra A. Hinkes, Charles L. Schiltz, Pamela M. Hineman, Robert M. Tortelli
of New Berlin 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:
FIVE MILLION ($5,000,000.00) 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 of the MERCHANTS BONDING COMPANY (MUTUAL) on November 16, 2002.
ARTICLE II, 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.
STATE OF IOWA
COUNTY OF POLK ss.
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MERCHANTS BONDING COMPANY (MUTUAL)
a ~~
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 the
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.
~f, CINDY SMYTH //~,r~./~i,
F Commission Number 173504 C,.tirc,~"'%/
owe My Commission Expires U
March 16, 2009 Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
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 of the 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. ~ ,(r~ //~~
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this ~ "' day of7`!1~~ ~ ~ ~~
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Secretary