Key West Drive Reconstruction Project Award Copyright 2014
City of Dubuque Action Items # 7.
ITEM TITLE: Key West Drive Reconstruction Project Award
SUMMARY: City Manager recommending award of the construction
contract for the Key West Drive Reconstruction Project to
the low bidder Top Grade Excavating, Inc.
RESOLUTION Awarding public improvement contract for
the Key West Drive Water Main Extension Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Key West Drive Water Main E#ension Project-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Contract Supporting Documentation
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Key West Drive Water Main Extension Project
CIP 7402594 — Southwest Arterial
CIP 3002614 —Asbury Road West City Asbury
CIP 3002482 —Asbury Road Grinding
DATE: April 13, 2016
The City received notification that Dubuque County is proceeding with the
reconstruction of Key West Drive. The County's scope of the project is to reconstruct
Key West Drive from Kremer Park Drive to US 151/61. The reconstruction project by
the County presents an opportunity to partner with them; as the road is under
construction, a City water main can be constructed from Maquoketa Drive to Military
Road along the same corridor which will service both the Twin Ridge Water System and
the Southwest Arterial.
The Key West Drive Water Main Extension Project will provide for the extension of a 16"
diameter water main from Maquoketa Drive to Military Road. From Military Road, an 8"
water main will be extended to near St. Joseph's Catholic Church to provide for future
connection. There will be approximately 56 water service line stubs provided for future
connection to the water main.
The project will also involve the resurfacing of approximately 500 feet of City roadway
on Key West Drive from Maquoketa Drive to Kremer Park Drive.
Sealed bids were received by Dubuque County for the Key West Drive Water Main
Extension Project. The base bid was for the resurfacing work between Maquoketa
Drive and Kremer Park Drive and the water main extension and services from
Maquoketa Drive to Military Road. Alternate 1 was for the water main extension from
Military Road to near St. Joseph's Catholic Church
City Engineer Gus Psihoyos recommends award of the construction contract to the low
bidder, Top Grade Excavating, Inc., in the amount of $856,909.33 for the base, plus
Alternate 1. This amount is 2.3% over the estimate of probable cost for the base bid
plus the alternate bid. Sufficient funding is available.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen'
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Bob Green, Water Department Manager
Jennifer Larson, Budget Director
2
THE CITY OF Uu�bwue
DUB & 11111.1
E (Alli-A•medeaCChyy
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: April 12, 2016
SUBJECT: Key West Drive Water Main Extension Project
CIP 7402594 — Southwest Arterial
CIP 3002614 —Asbury Road West City Asbury
CIP 3002482 —Asbury Road Grinding
INTRODUCTION
The enclosed resolution authorizes the award of the construction contract for the Key
West Drive Water Main Extension Project.
BACKGROUND
The City received notification that Dubuque County is proceeding with the
reconstruction of Key West Drive. The County's scope of the project is to reconstruct
Key West Drive from Kremer Park Drive to US 151/61. The reconstruction project by
the County presents an opportunity to partner with them; as the road is under
construction, a City water main can be constructed from Maquoketa Drive to Military
Road along the same corridor which will service both the Twin Ridge Water System and
the Southwest Arterial.
On March 14, 2016, the City Council approved a 28E Agreement between the City and
Dubuque County for this project. Dubuque County had the same agreement on its
agenda at its March 14, 2016 Board of Supervisors Meeting. The City learned on
March 15, 2016 that Dubuque County did not approve the 28E Agreement the night
before but instead requested additional review and changes.
The Board of Supervisors tabled the Agreement pending further clarification regarding
the maintenance of the public water main. The Agreement has been modified and
reviewed by both parties. The County approved and signed the revised 28E Agreement
on April 11, 2016. A separate agenda item is before you concerning the City's approval
of the revised 28E agreement.
DISCUSSION
The Key West Drive Water Main Extension Project will provide for the extension of a 16"
diameter water main from Maquoketa Drive to Military Road. From Military Road, an 8"
water main will be extended to near St. Joseph's Catholic Church to provide for future
connection. There will be approximately 56 water service line stubs provided for future
connection to the water main.
The project will also involve the resurfacing of approximately 500 feet of City roadway
on Key West Drive from Maquoketa Drive to Kremer Park Drive.
BID RESULTS
Sealed bids were received by Dubuque County for the project on March 28, 2016. The
base bid was for the resurfacing work between Maquoketa Drive and Kremer Park Drive
and the water main extension and services from Maquoketa Drive to Military Road.
Alternate 1 was for the water main extension from Military Road to near St. Joseph's
Catholic Church.
Top Grade Excavating, Inc. of Farley, Iowa submitted the low bid for the base, plus
alternate bid in the amount of $856,909.33. This amount is 2.3% over the estimate of
probable cost for the base bid plus the alternate bid. A summary of the bid proposals
received is as follows:
Contractor Name Base Bid Alternate 1 Total
Top Grade Excavating, Inc. $ 775,139.99 $ 81,769.34 $ 856,909.3
McClain Excavating Co. Inc. $ 904,257.99 $ 82,876.40 $ 987,134.3
Tschiggfrie Excavating Co. $ 1,025,273.64 $ 97,301.95 $ 1,122,575.5
Portzen Construction, Inc. $ 1,075,387.30 $101,158.00 $ 1,176,545.3
Miller Trucking & Excavating, Co. $ 1,247,055.50 $139,801.00 $ 1,386,856.5
RECOMMENDATION
I recommend that the contract be awarded to Top Grade Excavating, Inc. in the amount
of $856,909.33.
BUDGETIMPACT
The summary of project costs for the Key West Water Main Extension Project, is as
follows:
Estimate Award
Construction Contract $837,589.00 $856,909.33
Contingency (10%) 83,758.00 85,690.00
Construction Engineering & Inspection (10%) 92,135.00 94,259.00
Total Project Cost 1.013.482.00 $1,036,85813
The funding for the Key West Water Main Extension Project will be as follows:
CIP No. Fund Description Fund Amount
3002614 Asbury Road West City Asbury $28,158.00
3002482 Asbury Road Grinding $54,431.00
7402594 FY 16 Southwest Arterial 494,500.00
7402594 FY 17 Southwest Arterial 459,769.33
Total Project Funding 1
ACTION TO BE TAKEN
I recommend that the City Council adopt the attached resolution awarding the Key West
Water Main Extension Project, to Top Grade Excavating, Inc. in the amount of
$856,909.33.
Prepared By: Jon Dienst, P.E.
cc: Jenny Larson, Budget Director
Don Vogt, Public Works Director
Bob Green, Water Department Manager
Brant Schueller, Water Distribution Supervisor
Bob Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer II
Greg J. Doeden, Civil Engineer
RESOLUTION NO. 163-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE KEY WEST DRIVE
WATER MAIN EXTENSION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Key West
Water Main Extension Project, (the Project) and Notice to Bidders published in a
newspaper published in the City of Dubuque, Iowa on the 16th day of March, 2016.
Whereas, said sealed proposals were opened and read on the 28th day of March,
2016 and it has been determined that Top Grade Excavating, Inc. of Farley, Iowa, with a
total bid in the amount of $856,909.33 is the lowest responsive, responsible bidder for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Top Grade
Excavating, Inc. and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 18th day of April, 2016.
Attest:
Kevi
Firnstahl, CM City Clerk
11
Ric W. Jo/ Mayor Pro Tem
Dubuque County Contract Form
Form C2015
CONTRACT
Kind of Work: Grading & Paving — Dubuque County on Key West Dr.
Project No.: LOST -17(01)--73-31
Kind of Work: Grading & Paving & Water Line City of Dubuque on Key West Dr. Project No: CIP #7402954
THIS AGREEMENT made and entered by and between Dubuque County, Iowa, and the City of Dubuque, Iowa,
collectively the Contracting Authority, and Top Grade Excavating, Inc., 971 9th Ave NW,Farley, IA 52046, Contractor.
WITNESSETH: That, the Contractor, for and in consideration of two million six hundred twenty twothousand four hundred
fifty-three dollars and twenty-six cents ($2,622,453,26) payable as set forth in the specifications constituting a part of this
contract and in the 28E Agreement for this project between the City of Dubuque, Iowa and Dubuque County, Iowa, hereby
agreesto construct in accordance with the plans and specifications therefore, and in the location designated in the notice
to bidders, the various items of work on the following three pages of this contract.,
Said specifications and plans are hereby made a part of and the basis of this agreement, and a, true copy of said plans
and specifications are now on file in the office of the County Auditor under date of March 28, 2016.
That in consideration of the foregoing, the Contracting Authority hereby agrees to pay the' Contractor, '.promptly and
according to the requirements of the specifications the amounts set forth, subject to,athe conditions' as set forth in the
specifications and the terms and conditions set forth in the 28E Agreement for this project between the City of, Dubuque,
Iowa and,Dubuque County Iowa.
That it mutually understood and agreed by the parties hereto that the notice to bidders,' the proposal, the specifications
for Project No. LOST -17(01)--73-31 and CIP #7402954 in Dubuque County, Iowa and .the „City 'of Dubuque, Iowa, the
plansbasis of contract between
within contract, the contractor's bond, and the general and detailed are and constitute
tethe
the parties hereto.
That it is further understood and agreed by the parties of this contract that the above work shall be commenced as: Late
Start Date of June 13, 2015;.Total of 100 Working Days (Total Working Days includes both Dubuque County and the City
of Dubuque 'projects), Liquidated Damages Per Day of $1,800.00. No winter work will be allowed.
Contractor/Permitee%Licensee agrees that for all work done in the county road right of ways, easements and county
property, it shall be solely responsible for work zone safety and shall hold the county harmless and agree to indemnify the
county from all claims that arise from its work in the right of way, and further, it agrees that it will adhere to the Manual on
Uniform Traffic Control Devices during the project.
That time is the essence of this contract and that said contract contains all of the terms and conditions agreed upon by the
parties hereto.
That this agreement is subject to approval by the Dubuque County Board of Supervisors and the City Council of the City
of Dubuque, Iowa.
It is further understood that the Contractor consents to the jurisdiction of the courts of Iowa to hear, determine and render
judgment as to any controversy arising hereunder.
Jason Vorwaild
Top Grad E cavating, Inc., Contractor
0, n / r1.2.../ " J9.%1, O.
1 A
Wayne De mer, Chair
Dubuque County Board of Supe sirs
VP
Michael C. Van Milligen, City Manager
City of Dubuque
Date: 1 , 2016
1 of4
CONTRACT
Ref
# Item #
Item Description
Quantity
Unit
Unit Price
Amount
Grading & Paving - Dubuque County'
1
2102-2713090
EXCAVATION CL 13, WASTE .
2,900.00.
CY
$9.83
$28,507.00
2
2105-8425005
TOPSOIL FURNISH & SPREAD
762
CY
$26.00
$19,812.00
3
2113-0001100
SUBGRADE STABILIZATION MATERIAL,
POLYMER GRID
23,518.15
SY
$1.00
$23,518.15
4
2121-7425020
GRANULAR SHLD , TYPE B
500
TON
$14.76
$7,380.00
5
2213-7100400
RELOCATION OF MAIL BOX ',
44
EACH
$125.00
$5,500.00
6
2303-0021500
HMA (300,000 ESAL), BASE COURSE, 1/2 IN.
MIX • ;
2,878.00
.TON
$34.17
$98,341.26
7
2303-0023500
HMA (300,000 ESAL), INTERMEDIATE COURSE,
1/2 IN.MIX, NO FRIC REQ
1,792.00
TON
$33.80
$60,569.60
8
2303-0023500
HMA (300,000 ESAL), SURFACE COURSE, 1/2
IN.MIX, NO FRICREQ
2,347.00
TON
$33.67
" `$79,023.49
9 . ,
2303-0245828
ASPHALT BINDER, PG 58-28 _ .
421
;TON
$355.00
,, $149,455.00.-
1 •
2303-6911000
HMA PAVEMENT SAMPLES ..
! •.1
LS
$1,350•t00
. $1,350.00,
11
2303-9093010
HMA,'DRIVEWAY. - '
839.34
SY
$36.50
:; $30,635.91
12
2315-8275055
SURF DRIVEWAY
360
TON
$14.76
$5,313.60
13..
2401-6745650
RMVL OF EXIST STRUCTURES
1
LS
$7,000.00
$7,000.00
14
2402-0425031
GRANULAR, BACKFILL
4,984,0
TON
$6.00
." $29,904.00
15
2435-0140148
MANHOLE, STORM SEWER, SW -401, 48 IN.
1
EACH
$3,177.00
$3;177.00
16
2435-0250300
INTAKE, SW -503
11
EACH
$3,825.00
$42,075.00
17
2435-0250600
INTAKE, SW -506
4
EACH
$5,793.00
$23,172.00
18
2503-0114418
STORM SEWER GRAVITY MAIN, TRENCHED,
RCP, 3000D (CLASS IV), 18 IN.
667.29
" LF
$68.00
$45,375.72
19
2510-6745850
REMOVAL OF PAVEMENT
21,889.20
SY
$5.72
$125,206.22
20
2511-6745900
RMVLOF SIDEWALK °•
3.8
•SY
$30.00'
$114.00
21
2511-7526004
SIDEWALK PCC 4 1 N
3.8
SY
$100.00
$380.00
22
2512-1725256
CURB+GUTTER PCC 2.5'
8,184.26
LF
$10.00
$81,842:60
23
2515-2475106
DRIVEWAY REI NF PCC6 IN
1,611.60
SY
$42.00
$67,687.20
24
2515-6745600
REMOVAL OF PAVED DRIVEWAY `.
2,411.71
SY
$10.88
$26,239.40
25
2518-6910000
SAFETY CLOSURE
23
EACH
$25.00
$575.00
26
2527-9263117
PAINTED PAVEMENT MARKINGS, DURABLE
213.81
STA
$22.00
$4,703.82
27
2527-9263143
PAINTED SYMBOLS AND LEGENDS, DURABLE
59
EACH
$92.00
$5,428.00
28
2528-8445110
TRAFFIC CONTROL
1
LS
$17,000.00
$17,000.00
29
2528-8445113
FLAGGERS
60
EACH
$435.00
$26,100.00
30
2528-8445115
PI LOT CARS15
EACH
$650.00
$9,750.00
31
2533-4980005
MOBILIZATION ..
1
LS
$53,000.00
$53,000.00
32
2599-9999009
REMOVE REPLACE AND REINSTALL STORM
SEWER PIPE LESS THAN OR EQUAL TO 36 IN.
36
LF
$220.00
$7,920.00
33
2599-9999020
MODIFIED SUBBASE
22,415.00
TON
$11.01
$246,789.15
34
2599-9999020
SUBGRADE STABILIZATION MATERIAL,
MODIFIED MACADAM
29,340.00
TON
$14.32
$420,148.80
35
2601-2634105
MULCHING, BONDED FIBER MATRIX
1.1
ACRE
$2,400.00
$2,640.00
36
2601-2636044 SEEDING
&FERTILIZER (URBAN)1.1
ACRE
$5,600.00
$6,160.00
37
2601-3000110
MONITORING WELL
5
EACH
$750.00
$3,750.00
Dubuque County Total Project Cost
$1,765,543.93
CONTRACT
Ref #
Item #
Item Description ;' .
Quantity
,Unit
Unit Price
Amount
Grading & Paving & Water Line -:City of Dubuque
1
2102-0425070
Special Ba ckfi I I (T) .
15600
TON
" $6:00
$93,600.00
2
2121-7425020
Shld Granular, Type B
65
TON
$14.76
$959,40
3
2212-0475095
Cleaning And Preparation Of Base
0.09
MILE
$5,000,00.
..;,$450.00
4
2212=5075001
Hot Mix Asp ha It Surface Patches
7
TON
$900.00
$6,300.00
5
2214-5145150
PavtScarification
2250
SY
$10.41.
$23,422.50
6 ' '
2303-0021500
HMA (300,000 Esal), Base Course,1/2 In. Mix
410
TON :
., $34.17:
;: , -,$14,009.70
7 ,` =
2303-0023500
HMA (300,000 Esal), Inter Or Surf, 1/2
I n.Mi x, No Fri c Req
255
TON :.
$33 80
_ $8,619.00
8
2303-0245828
Asphalt Bi nder,±Pg 58-28
,,39 .9
,TON /
- $355.00,
$14,164.50
9 '
2506-4984000
FI owa b'I e Mortar
3.3
. '< CY
$200,00
, . $660.00
10 :>
2510-6745850
Removal Of Pavement
660
SY
$8.25
r, $5,445,00
11
2510-6750600'
Rem oval Of:Intakes And Utility Accesses
1
EACH
$500.00
" $500.00
12 ,'
2527-9263117
Painted Pavement Markings, Durable
37.65
STA
$80.00
$3,012.00
13
2527-9263143.:;
Painted Symbols And Legends, Durable
23
EACH
$92.00
$2;116,00;
14
2528-8445110,
Traffic Control
1
LS
$11,000.00
$11,000.00 _
15
2528-8445113
Flagg ers _
30
EACH
$4.35.00
$1.3,050.00
16
2533-4980005.
Mobilization1
.. LS .
$12,900.00
$12,900.00
17 `
25521.000014-0'
Rock 'Excavation " ;.
100
., Y.
$1.00
$100..00
18.
2552-0000210
Trench Foundation
650
...TON ;.
$1.00
$650.00
19"'"``2552-0000300
Trench Compaction` Testing
1
LS
$2,500.00
$2,500.00
20
2554-0112006
Water Main, Trenched, Ductile Iron Pipe
(DIP), 6 I n .
73
LF
$69.05
$5,040.65
21
2554-0112008
Water Main, Trenched, Ductile Iron Pipe
(DIP), 8 I n .
117
LF
570.89
$8,294.13
22
2554-0112012
Water Main, DR -14 V900, 12 I n .
40
LF
$83.00
$3,320.00
23
2554-0112016
Water Main, Trenched, Ductile Iron Pipe
(DIP), 16 In.
3015
LF
$73.97
$223,019.55
24
2554-0203000
Fittings By Weight, Ductile Iron Pipe
15064
LBS
$4.29
$64,624.56
25
2554-0206000
Valve, Butterfly, DIP, 16 In.
5
EACH
$2,873.00
$14,365.00
26
2554-0207008
Valve, Gate, DIP, 8 In.
3
EACH
$1,370.00
$4,110.00
27
2554-0207012
Valve, Gate, DIP, 12 In.
1
EACH
$2,405.00
$2,405.00
28
2554-0210201
Fire Hydrant Assembly, Wm -201
9
EACH
$4,597.00
$41,373.00
29
2599-9999005
Ni tri I e Gaskets
200
EACH
$35.43
57, 086.00
30
2599-9999005
3/4"x16", Stainless Steel, Tapping Saddle
12
EACH
$200.00
$2,400.00
31
2599-9999009
16", DR -14, C-900 Water Ma in
730
LF
$62.47
$45,603.10
32
2599-9999009
8", DR -14, C-900 Water Main
70
LF
$58.57
$4,099.90
33
2599-9999009
Water Service Stub, Copper, 3/4"
1890
LF
$35.00
$66,150.00
34
2599-9999020
Subgrade Stabilization Material, Modified
Macadam
340
TON
$14.32
$4,868.80
35
2599-9999020
Modified Subbase T
220
TON
$11.01
$2,422.20
36
2599-9999020
Special Waste Disposal
800
TON
$75.00
$60,000.00
37
2599-9999005
SP -120063 H a zwo p e r Certified Individual
10
EACH
$250.00
$2,500.00
City of Dubuque Project No, CIP 7402954 Sub Total
$775,139.99
3 of 4
CONTRACT
Alternate1 Addendum 2 - City of Dubuque
Division 21 - Earthwork, Subgrade, and Subbases
2102-0425070
Special Backfill (T)_ ;•
2970
TON;.
$6.00
$17,820.00
2
2121-7425020
Shid Granular, Type B
100
TON
$14;76
$1,476.00
SUB;TOTAL
$19,296.00
Division 25 Miscellaneous Construction
3
2528-8445110'
Traffic Control
1
LS
;$1,000.00
$1,000.00
4
2552-0000210
Trench Fountain
115
TON
1,,00
$1.15.00
5
2552-0000300
Trench Compaction Testing
1
LS
$500.00,
$500.00
6
2554-0203000
Fittings by-Weight;Ductile Iron pe
121
;LBS,
,$519. Q9
7
2554-0210201
Fire Hydrant Assembly, Wm -201
2
EACH.
$4,697.00
$9,194.00
8
2599-9999005'
3/4" x 8", Stainless' Steel, Ta pping Sa ddl e
1
EACH:
$200.00
$200.00
9
2599-9999009
, DR -14, C-900 Water Main
825
LF
$58.57
$48, 320.25
10
2599-9999009'
Water Service Stub,.Copper, 3/4"
,75
$35.00,
2; 625:00
;SUB TOTAL
$62,473.3/T3
Alternate 1 Bid Amount Sub Total
$81,76934
City of Dubuque Total Project Cost
$856,909.33
Total Combined Dubuque County and City of Dubuque Project Cost
$2,622,453.26
4 of 4
Bond No.2212668
Document A312TM 2010
Conforms with The American Institute of ArchitectsDocument 312
Performance Bond ..
CONTRACTOR:
(Name, legal :status and address)
Top Grade Excavating, Inc.
P. O. Box 356
Farley, IA:52046-0356
OWNER:
(Name, legal status and address)
Dubuque County, Iowa and the City of Dubuque, Iowa
720 Central Ave.
Dubuque,IA "52001
SURETY:
(Name, legal status and principal place of business)
ty Insurance Company
North American Special
650 EIm Street
Manchester, NH 03101
Mailing Address for Notices
650 ElmStreet,.
Manchester, NH 03101
-',This-document has.fmportant legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modll'ication.
Any singular: reference to
Contractor, Surety, Owner or
other party shall be consldered
plural where applicable.
CONSTRUCTION CONTRACT
Date:
Amount: $ Two Million Six Hundred Twenty-two Thousand Four: Hundred Fifty-three And 26/100THSDoliars
($2,622,453.26)
Description: Grading & Paving -Dubuque County Project No. LOST-17(01)--73-31/Grading & Paving & Water
Project No. CIP #7402954
Line-Cityof Dubuque
carne and location:)q
BOND
Date:
(Not earlier than Construction Contract Date)
Amount: $ Two Million Six Hundred Twenty-two Thousand Four Hundred Fifty-three And 26/100THSDollars
($2,622,453.26)
Modifications to this Bond: ® None Sec Section 16
CONTRACTOR AS PRINCIPAL
Company;
Top Grade Excavating, Inc.
Signature:
Name
and Title:
(Corporate Seal)
A.5v,) �ottH12t�1�
V. -P.
(Any additional signatures appear on the last page of this Performance Bond)
(FOR INFORMATION ONLY --Name, address and telephone)
AGENT or BROKER:
Holmes, Murphy and Associates, LLC
3001 Westown Parkway
West Des Moines, IA 50266
(515) 223-6987
S-1852/AS 8/10
SURETY
Company:
North Arne
n Specialty
Signature:
Name
and Title:
(Corporate Seql)
ance Company
Dione R. Young'
Attorney -in -Fact
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party:)
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein byreference.
§ 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when
applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor. Default. Such
notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the
Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of
the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the'Owner`
agrees otherwise, any conference requested under this Section 3.1 shall beheld within ten (10) business days of the Surety's`receipt
of the Owner's notice, If the Owner, the Contractor and the Surety agree,`the Contractor shall be allowed a reasonable time to
perform the Construction Contract, but such an; agreement shall not waive the Owner's right, if any, subsequently to declare a
Contractor Default;
the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and
the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the
Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3,1 shall not constitute a failure to comply with a condition
precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice,
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expensetake one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perfonn`and complete the Construction Contract;"
§ 5.2 Undertake to perform and complete the Construction Contract" itself, through its agents or independent contractors;
§ 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the
Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be
secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to
the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the
Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is
determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§ 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond
seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations ander this
Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. Utile Surety proceeds as provided in Section 5.4, and the
Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any
remedy available to the Owner.
S-1852/AS 8/10
§ 7 If the Surety elects to act under Section 5.1, 5,2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the
Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the
Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without
duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the. Construction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Section 5; and
.3 -liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor,
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's Iiability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this
Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
§ 11 Any proceeding, legit or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor
ceasedworking or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this Paragraph are void or prohibited by law, the tninimum period of limitation available to sureties as a defense in the jurisdiction of
the suit shall be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature
appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be
construed as a statutory bond and not as a common lawbond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper
adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of
insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the
Contractor under the Construction Contract,
§ 14.2 Construction "Contract, The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents
and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material
term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction
Contract or to perform and complete or comply with the other material terms of the Construction Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
S-1852/AS 8/10
§18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature: Signature:
Name and Title: Name and Title:
Address Address
S-1852/AS 8/10
(Corporate Seal)
MAINTENANCE BOND
KNOW ALL MEN BY T8ESE PRESENTS:
Dund No. 2212668
That, Top Grade Excavating, Inc. of Farley,IA
as principal, and the North American Specialty Insurance Company as Surety,
are held and firmly bound unto City of Dubuque, Iowa in the
penal Atm of Eight Hundred Fifty Six Thousand Nine Hundred Nine and 33/100thO $856,909.33
Dollars, lawful money of the United Stateof America, for the payment of which, well and truly to be made,
the Principal and Surety bind themselves, E heir and each of their heirs, cxecutois, 4dministrators, .successors
and assigns, jointly and severally, firmly by ificsc presents,
Whereas, Mt. SOid Principal entered into a =rain contract. with
County of Dubuque, Iowa and the City of Dubuque, Iowa
To furnish,all the material and tabor necessary for the construction of
Grading & Paving -Dubuque County Project No. LOST-17(01)--73-31/Grading & Paving & Water Line -City of
Dubuque Project No. CIP #7402954
in City of Dubuque, Iowa In conformity with certain specifications; and
Whereas, a further condition of said contract is that the said Principal should furnish a bond in
indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in
said •work within a period of two (2) years from the date of acceptance of the work
under said contact; and
Wherca, the said North American Specialty Insurance Company for a valuable consideration,
has arced to.loin with ;aid Principal in such band or guarantee, indemnifying said
City of Dubuque, Iowa
Now, therefore, the condition of this obligation is such, that if the said Principal shat a hs own cost
and expense, remedy any and all defects that may develop in said work within the period
of two (2)
year ti from We date of acceptance of'the work under said eentract, by
jeson ofbdwwkatahship or poor atria( used in the:Construction of Said woTk, and shall Ire(4) all work
in continuous goodrepair during said period, and. shall in all other respectsoMPly with alt the terms and
conditions oi:4c1 contract with respect to minrenfineo, and. repair of S4id work, Oen this obligatiOn to be
nultti ridvoid; otherwise to be and remain in full force and virtue in taw.
ln Witness whereof, we have horcuatn Set ow' hands and scats INS
day of 2016
rican Specialty Insurance Company
Dione R. Young
tire
re
4744-,
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NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
- KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of
Schaumburg, Illinois, each does hereby make, constitute and appoint:
JAY D. FREIERMUTI-1, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENI-IAGEN,
CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, STACY VENN, LACEY CRAMBLIT and DIONE R. YOUNG
JOINTLY OR SEVERALLY
Its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: FIFTY MILLION ($50,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings drily called and held
on the 91h of May, 2012:
"RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
SEAL.
�t�stiZ 1973 etitja
°
e
13y
Steven 1'. Anderson, Senior Vice President of Washington International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
By
@lichael A. Ito, Senior Vice President or Washington International Insurance Company
& Senior Vice President of North American Specialty Insurance Company
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 8th clay of September 2015
State of Illinois
County of Cook
ss:
North American Specialty Insurance Company
Washington International Insurance Company
On this 8111 clay of September , 20 15 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito ,
Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance
Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of their respective companies.
OFFICIAL SEAL
M KENNY
NOTARY PUBLIC, STATE OF ILLINOIS
Y COMMISSION EXPIRES 12/04/2017;
I�enr,y, ar'y Public
I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington
International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this
clay of
, 20 16
Jeffrey Goltlherg, Vice President & Assistant Secretary or
Washington International Insurance Company & North American Specialty Insurance Company