Improvement Contracts/Bond_River City Paving_Eagle Point Parking Lot Copyright 2014
City of Dubuque Consent Items # 21.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: River City Paving for the Eagle Point Parking Lot
Resurfacing Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
River City Paving Improvment Contract and Bond Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
EAGLE POINT PARKING LOT RESURFACING PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references i
purposes the 1 P day of March, 2016 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 (Contractor).
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 EAGLE
POINT PARKING. LOT RESURFACING (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
7. Project Title Page (Section 00100).
8. Project Directory Page (Section 00101).
9. This Public Improvement Contract (Section 00500).
10.Performance, Payment, and Maintenance Bond (Section 00600).
11.Out-of-State Contractor Bond (Section 00610).
12.Other Bonds:
a. (Bond Name) (pages_to_ , inclusive).
b. (Bond Name) (pages_to_ , inclusive).
c. (Bond Name) (pages_to_ , inclusive).
13.The Iowa Statewide Urban Design And Specifications (SUDAS) 2015 Edition.
14.CITY OF DUBUQUE Supplemental Specifications 2015 Edition.
15.Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
16.Special Provisions included in the project Contract Document Manual.
17.Drawings—Sheet No. 1 through No. 1 (00 pages) or drawings consisting of sheets
bearing the following general title:
18.Addenda (numbers 1 to 1 , inclusive).
19.Insurance Provisions and Requirements (Section 00700).
20.Sales Tax Exemption Certificate (Section 00750).
21.Site Condition Information (Section 00775).
22.Construction Schedule and Agreed Cost of Delay (Section 00800).
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SECTION 00500
Page 2 of 6
23.Erosion Control Certificate (Section 00900).
24.Other Project Information and Permits (Section 01100).
25.Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages_to _, inclusive).
b. Bidder Status Form (Section 00460).
c. Contractor Background Information Form (Section 00471)
d. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i.
ii.
iii.
e. None.
26.The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
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b. Project Certification Page (Section 00102). j
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will 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 by any party that may be filed 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 thirty (30) day period, as provided in Iowa Code Chapter 573 or
Iowa Code Chapter 26. The City will 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 will be held by the City until such claims have been
settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the Contract Documents herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
7. In addition to any warranty provided for in the specifications, the Contractor must also fix
any other defect in any part of the Project, even if the Project has been accepted and fully
paid for by the City. The Contractor's maintenance bond will be security for a period of two
years after the issuance of the Certificate of Substantial Completion.
SECTION 00500
Page 3of6 9
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold harmless City, its officers and employees, from
and against all claims, damages, losses and expenses claimed by third parties, but not
including any claims, damages, losses or expenses of the parties to this Contract, including
but not limited to attorneys' fees, arising out of or resulting from performance of this
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, including loss of
use resulting there from, but only to the extent caused in whole or in part by negligent acts
or omissions of Contractor, or anyone directly or indirectly employed by Contractor or
anyone for whose acts Contractor 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 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 Contract with any
other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or l
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 Contractor arrangement with any other person, firm, corporation or
association which tends to or does lessen or destroy free competition in the award 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 less than $2,000.00 (Two Thousand Dollars) to the
City.
11. The surety on the Bond furnished for this Contract must, 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.
12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of
the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. 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 must 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).
B. The City and the Contractor agree to comply with all provisions of the Davis-Bacon
Federal Prevailing Wage Act, if applicable, and related labor requirements and
regulations and the Federal Wage Determination for this Project.
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SECTION 00500
Page 4of6
C. Equipment or products authorized to be purchased with federal funding awarded for
this Contract must be American-made to the maximum extent feasible, in accordance
with Public Law 103-121, Sections 606(a) and (b).
CONSENT DECREE I
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED
TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
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CITY CONTRACTOR
THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the
State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil
Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the
Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City
and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms
and corporations under contract with the City to perform the obligations of the Consent Decree.
The City is required to provide a copy of the Consent Decree to any contractor or consultant retained
to perform work required by the Consent Decree.
A copy of the Consent Decree is included in the Contract Documents and can be viewed at
http://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A hard copy is available upon
request at the City's Engineering Department Office.
The City must condition any contract to perform work required under the Consent Decree upon
performance of the work in conformity with the provisions of the Consent Decree.
The Consent Decree also provides that until five (5) years after the termination of the Consent Decree,
the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies
of all documents, reports, data, records, or other information (including documents, records, or other
information in electronic form) in its or its contractors' or agents' possession or control, or that come
into its or its contractors' or agents' possession or control, and that relate in any manner to the City's
performance of its obligations under this Consent Decree, including any underlying research and
analytical data. This information-retention period, upon request by the United States or the State, the
City must provide copies of any documents, reports, analytical data, or other information required to
be maintained under the Consent Decree. At the conclusion of the information-retention period, the
City must notify the United States and the State at least ninety(90) Days prior to the destruction of any
documents, records, or other information subject to such requirements and, upon request by the
United States or the State, the City must deliver any such documents, records, or other information to
the EPA or IDNR.
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SECTION 00500
Page 6of6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, the City agrees to pay the Contractor as full
compensation for the complete performance of this Contract, the amount determined for
the total work completed at the price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 79,493.93
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CITY OF DUBUQUE, IOWA:
City Manager's Office
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Department
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y:
Signatur
Michael C. Van Milligen
Printed Name
City Manager
Title
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Date
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CONTRACTOR:
nAAUJq 661141
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Contractor
By:
Sign'4&4
Printeld�Name
V BI
Title
MAke s4 /6, 2616
Date
END OF SECTION 00500
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Bond No.929628783
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS
That we, River City Paving, Division of Mathy Construction Company as
Principal (hereinafter the "Contractor" or "Principal") and
Western Surety Company , as Surety are held and firmly bound unto the
City. of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who h
may be injured by any breach of any of the conditions of this Bond in the penal sum of
Seventy Nine Thousand Four Hundred Ninety Three and 93/100 dollars
($79,493.93 ), lawful money of the United States, for the payment of which sum,
well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly
or severally,firmly by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Owner, bearing date the I Ith day of March, 2016, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with
the Contract Documents, and to,faithfully perform all the terms and requirements of said Contract
within the time therein specified, in a good and workmanlike manner, and in accordance with the
Contract Documents. The Contract Documents for EAGLE POINT PARKING LOT RESURFACING
Project detail the following described improvements:
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The Eagle Point Parking Lot HMA overlay includes resurfacing the existing parking lot near
the tennis courts with 2 12" of asphalt mix.
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following I
provisions area part of this Bond and are binding upon said Contractor and Surety, to-wit:
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1. PERFORMANCE. The Contractor shall well and faithfully observe, perform, fulfill, and II
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 Owner from all outlay and expense incurred by the Owner 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: The Contractor and the Surety on this Bond hereby agreed to 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 the Owner is required to retain until completion of the improvement, but the
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SECTION 00600
Page 2 of 4
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 of the Iowa Code, which by this
reference is made a part hereof as though fully set out herein,
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3. MAINTENANCE:, The Contractor and the Surety on this Bond 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 Documents within the period of two (2)year(s)from the I�
date of acceptance of the work under the Contract, by reason of defects in
workmanship, equipment installed,or materials used in construction of said work;
B. To keep all work in continuous good repair;and
C. To pay the Owners reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner 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 Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4 GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding,to the following provisions:
A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in;which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders which thereby increases the total contract price
and the penal sum of this Bond, provided that all such changes do not, in the
aggregate, involve an increase of more than twenty percent(20%)of the total contract
price, and that this Bond shall then be released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the
Contract is completed, whether completed within the specified contract period, within
an extension thereof, or within a period of time after the contract period has elapsed
and the liquidated damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding,to the following provisions:
SECTION 00600
Page 3 of 4
D. That no provision of this Bond or of any other contract shall be valid that limits to less
than five(5)years after the acceptance of the work under the Contract the right to sue
on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any
way, but shall include the actual and reasonable costs and expenses incurred by the
Owner including interest, benefits, and overhead where applicable. Accordingly, "all
outlay and expense" would include but not be limited to all contract or employee
expense, all equipment usage or rental, materials,testing, outside experts, attorney's
fees (including overhead expenses of the Owner's staff attorneys), and all costs and
expenses of litigation as they are incurred by the Owner. It is intended the Contractor
and Surety will defend and indemnify the Owner on all claims made against the
Owner on account of Contractor's failure to perform as required in the Contract and
Contract Documents, that all agreements and promises set forth in the Contract and
Contract Documents, in approved change orders,and in this Bond will be fulfilled, and
that the Owner will be fully indemnified so that it will be put into the position it would
have been in had the Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to j
which the Contractor or Surety should have provided the defense, or in the enforcement of the !
promises given by the Contractor in the Contract, Contract Documents, or approved change
orders, or in the enforcement of the promises given by the Contractor and Surety in:this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent(125%fl)of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond,the parties agree that
the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner
to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of
the Owner,the Contractor and the Surety agree,jointly, and severally, to pay the Owner all outlay
and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner l
hereunder shall be cumulative and not alternative and shall be in addition to all rights; powers, and
remedies given to the Owner, by law. The Owner may proceed against surety for any amount
guaranteed hereunder whether action is brought against the Contractor or whether Contractor is
joined in any such action(s)or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully
perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract
Documents, and in this Bond,then this obligation shall be null and void,otherwise it shall remain in
full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as
defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond,
Contract, or Contract Documents, it shall be interpreted or construed as defined in'applicable
provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or
construed according to its generally accepted meaning in the construction industry;and fourth, if it
SECTION 00600
Page 4 of 4
has no generally accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not
limit liability hereunder. The Contract and Contract Documents are hereby made a part of this
Bond.
Project No. 3502289, 3502376
Witness our hands,in triplicate,this 16th day of March ,2016.
SURETY COUNTERSIGNED BY:
N/A
FORM APPRO BY:
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Signature of Agent
Representat a for Owner Pi
Printed Name of Agent SURETY:
Western Surety Company
Company Address Y_ P Y
Surety Comppny y'�
City;State,Zip Code 6y: ® ' ti
Sige Attorney-in-Fact Officer
Company Telephone Number Jill N. wanson
Printer!Name of Attorney-in-Fact Officer
PRINFIPAL` Willis of Minnesota, Inc.
River ity Paving —
Company Name
Division of Mathy Construction Company
Contractor
1600 Utica Avenue South,Suite 600
By.
Company Address
--
Sign t Minneapolis, MN 55416
City,State,Zip Code
Printed f�' e d 763.302.7100
Company Telephone Number
Title
NOTE;
1. All signatures on this performance, payment, and maintenance Bond must be original
signatures in ink; copies,facsimile, or electronic signatures will not be accepted.
2. This Band must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond
must be exactly as listed on the Certificate or Power of Attorney accompanying this
Bond.
-_ END OF SECTION 00600 W=-=
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Surety Acknowledgment
State of MINNESOTA }
} ss.
County of Hennepin }
On this 16t' day of March 2016, before me personally came Jill N. Swanson, 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
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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. n
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otary Public q
HEATHER R GQEDTEL
NOTARY PUBLIC MINNESOTA
My Commission Expires
January 31,2018
r r
Western Surety Compa*ny
POWER OF ATTORNEY APPOINTING INDIVIDUAL,ATTORNEY-IN-FACT
Know All Meer 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 docs by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Nina E Werstein, Laurie Pflug, Brim D Carpenter, Jill N Swanson, Dennis:G Loots, Jessica
Hoff,Michelle Sylvester,Heather R Goedtel,Nicole Langer, Craig Olmstead,Individually
of Minneapolis,MN,its true and lawful Attomey(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 2nd day of July,2015.
WESTERN SURETY COMPANY
*C AV
aul T.Bruflat,Vice President
State of South Dakota
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County of Minnehaha
On this 2nd day of July,2015,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 sial 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 }ww w45+t+�*44N44+.MtiM.+atiti+.+
S.
Mormyr ueh[C #
February 12,2021 s 1
o SOUTH*AMA
S.Eich,Notary Public
CERTIFICATE
1,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 16th day of March 2016
��unerr WESTERN SURETY COMPANY
L.Nelson,:Assistant Secretary
Farm F4290-7-2012
Authorizing fay-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..
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