Improvement Contracts_Drew Cook Excavating_Verena Court Project Copyright 2014
City of Dubuque Consent Items # 33.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Drew Cook& Sons Excavating for the Verena Court Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Drew Cook& Sons Excavating Contract/Bond Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
VERENA COURT PROJECT
THIS IMPROVEMENT CONTRACT (the. Contract), made in triplicate, dated for
references purposes the 8L" day of June, 2016 between the City of Dubuque, Iowa, by its
City Manager, through authority conferred upon the City Manager by its City Council (City),
and Drew Cook & Sons Excavating, Inc. (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 VERENA
COURT PROJECT (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out-of-State Contractor Bond (Section 00610). f
6. Other Bonds:
a. (Bond Name) (pages_to_ , inclusive).
b. (Bond Name) (pages—to_ , inclusive).
C. (Bond Name) (pages_to — , inclusive). 1
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2015 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2015 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual
10.Special Provisions included in the project Contract Document Manual.
11.Drawings–Sheet No.A.01 through No.M.10 (30 pages) or drawings consisting of
sheets bearing the following general title:
Verena Court Improvements
12.Addenda (numbers_to _ , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14.Sales Tax Exemption Certificate (Section 00750).
15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800). i
SECTION 00500
Page 3of6
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.
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, J
damage, loss or expense is caused in part by a party indemnified hereunder.
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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 j
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 j
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).
SECTION 00600
Page 5 of 6
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 y
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.
CERTIFICATION BY CONTRACTOR
I
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
1. I have received a copy of the 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 2:1 1-cv-0101 1-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-
5-1-1-09339, United States District Court for the Northern District of Iowa. la
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2. All work performed will be in conformity with the provisions of the Consent Decree.
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3. All documents reports, data, records, or other information (including documents,
records, or other information in electronic form) that relate in any manner to the
performance of obligations under the Consent Decree, including any underlying
research and analytical data, will be retained as required by the Consent Decree.
4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
CONTRACTOR:
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Printed Name
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Title
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SECTION 00600
Page 1 of 4
i.
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, Drew Cook & Sons Excavating, Inc., as Principal (hereinafter the "Contractor" or
"Principal")and IMT Insurance 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 may be injured by any breach of any of the
conditions of this Bond in the penal sum of One hundred ninety-three thousand, seven hundred
thirty-five dollars and fifty cents ($193,735.50), 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 8L"day of June, 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 Verena Court
Project Project detail the following described improvements: �a
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This project provides for construction of a cul-de-sac to serve the Verena Street Coffee j
development and future development in the Dubuque Industrial Center South off of Seippel Road. 1
The project will include 1590 SY of 9" PCC pavement, 299 SY of 5' wide sidewalk, 65 LF of 24"
RCP storm sewer, a streetlight and related electrical work and landscape restoration of disturbed
areas. The project also includes a streetlight to illuminate the cul-de-sac. Currently construction of
the Verena Street Coffee site development is underway on the eastern portion of building pad j
one. Coordination with the contractors for the site development is imperative to avoid causing.any {
interference with the progress of that development. An agreed to cost of delay of$500 per
calendar day, beyond the completion date, applies to thisjroect.
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It is expressly understood and agreed by the Contractor and Surety in this Bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit:
1. PERFORMANCE: 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 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.
SECTION 00600
Page 2 of 4
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 I
contract price the Owner is required to retain until completion of the improvement, but the k
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 I
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
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 Owner's reasonable costs of monitoring and inspection to assure that any G
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:
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A. To consent without notice to any extension of time authorized in approved change
orders to the Contractor in which to perform the Contract; i
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.
SECTION 00600
Page 3 of 4
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
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 thehrase "all outlay and expense" is not to be limited in an
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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
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%) 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
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.
SECTION 00600
Page 4 of 4
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
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. 3602160
Witness our hands, in triplicate, this 9th day of June , 2016.
SUP&TV C aE,,RSIGNED BY:
FORIVILA3 VED BY:
i re of Agent
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� p tative for Owner w 6 J,�l�E E. Goodmann
Printed Name of Agent SURETY:
2774 University Ave
Company Address IMT Ins Company
Dubu u(* IA 52001 Sure
City,State,Zip Code
Signature Attorney-in-Fact Officer
563-556-3232
Company Telephone Number
John E. Goodmann
Printed Name of Attorney-in-Fact Officer
IMT Insurance Company
PRINCIPAL: P Y
I /'� Company Name
Co ctor J P 0 Box 1336
1 Company Address
By. ure Des Moines, IA 50306
P!i. n� } City,State,Zip Code
Printed Name / 6� 1-800-274'3531
U I L� �(e sl�� L Company Telephone Number
Title t
NOTE:
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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 Bond must be sealed with the Surety's raised, embossing seal.
SECTION 00600
Page 5 of 4
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
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5 P-1
5 IM 1T INSURANCE 5
5 5
5 POWER OF ATTORNEY No. 83483
5
5 Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof.Please review carefully. �5
5 Know All Persons By These Presents,that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa,and having
5 its principal office in the City of West Des Moines,County of Polk,State of Iowa,hath made,constituted and appointed,and does by these presents 5
C� make,constitute and appoint 5
5 John E.Goodmann and Barton P.Brown 5
5 5 of Dubuque and State of Iowa its true and lawful Attorney-in-Fact,with full power and C5
authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf as surety any and all bonds,under- 5
5 takings,recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the 5
�5 amount of: One Million Five Hundred Thousand and No/100($1,500,000.00)Dollars 5
e7 and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized 5
5 officers of IMT Insurance Company,and all such acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and
5 confirmed. eS
55 This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of 5
Directors of IMT Insurance Company on December 18,1998. 5
SARTICLE VIII,SECTION 4.-The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and 5
5 to authorize them to execute on behalf of the Company,and attach thereto the Corporate Seal,bonds,undertakings,recognizances,con- 5
5 tracts of indemnity or other obligatory writings,excluding insurance policies and endorsements. 5
5 ARTICLE VIII,SECTION 5.-The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power C5
of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII,Section 4 of the By-Laws. Such 5
5 facsimile signature and seal shall have the same force and effect as though manually affixed. C5
5 In Witness Whereof, IMT Insurance Company has caused these presents to abs°sa fled�by its President and its corporate seal to 5
5
5
5 be hereto affixed,this 20th day of May 2015 � .. ���
5
IMT Tns�a�hainceCroxflpari �j
55
5 Richard,Ketth,Presrdent,�,��' Cd
5 WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH
�REO BORDER AND RED LOGO. 5
5 STATE OF IOWA ss: 5
5 COUNTY OF POLK J
55 On this 20th day of May 2015 before me appeared Richard Keith,to me personally known, e5 who being by me duly sworn did say that he is President of the IMT Insurance Company,the corporation described in the foregoing instrument, 5
5 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 5
5 behalf of said Corporation by authority of its Board of Directors. 5
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines,Iowa,the day and year
5 first above written. *OA4 DEE COPIC
5 COMMISSION NO.742311
5 " MY COMMISSION EVIRES Not Public,Polk Count Iowa
5
5 I®wA 8-16-2015 y, 5
5 CERTIFICATE 5
I,Dalene Holland,Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of 5
5 the POWER-OF-ATTORNEY,executed by said the IMT Insurance Company,which is stilYp►far,e,and effect. �5
5 In Witness Whereof, I have hereunto set my hand and affixed the Seal E �dpanon 9t�1 day of 5
5 June 2016 5
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5 5
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5 Dalene Holl'th Sedre'tary"a 5'
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