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Contract/Bond_Commerical Flooring for GRC River Room Carpet Project THE CITY OF Dubuque DU4QL�' bA"B E Ail edea City Masterpiece on the Mississippi 2007-2012 •2013 I TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Contracts for Grand River Center Concourse and River Room Carpet Replacement CIP #350-2113 and 102-2113 DATE: July 2$, 2016 1 Attached are - _; improvement contract and performance bond for the Grand River Center Concourse and River Room Carpet Replacement Project. j Commercial Flooring Company is the contractor for the project. Jean, please review and send to Barry. Barry please review and send to the City Manager. i Mike, after you sign the copies, please forward them to the City Clerk for processing. Approved by Jean �k�1 i { i Approved by Barry I� r i P 9 a a BID FORM 3 City of Dubuque, Iowa 1 Improvement Contract �i THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the 9th day of July, 2016, between the City of Dubuque, Iowa, by its City Manager, through 4 authority conferred upon the City Manager by its City Council (City) and Commercial Flooring Company, 10426 Stonewood Drive, Dubuque, Iowa 52003. For and in consideration of the mutual covenants herein contained, the parties hereto agree as II follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the Grand River Center Concourse and River Room Carpet Replacement Project(the Project). !I The Project shall be completed in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the City of Dubuque relating to infrastructure improvements, and in accordance with the Contract Document shall of which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detail statements thereof were repeated herein. { 2. Contract Documents shall mean and include the following: All ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, Specifications, and General Requirements as adopted by the City Council for the Project. 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. Ali 4. The Contractor shall remove any materials rejected by the City Manager as defective or improper, or any of said work condemned as unsuitable or defective, and the same shall be replaced or done anew to the satisfaction of the City Manager at the cost and expense of the Contractor. I 5. Five percent(5%) of the Contract price shall be retained by the City for a period of thirty(30)days after final completion and acceptance of the Project by the City Council to pay any claim that may be filed within said time for labor and materials done and furnished in connection with the performance of this Contract and for a longer period if such claims are not adjusted within that time, as provided in Iowa Code Chapter 573.The City shall also retain additional sums to protect itself against any claim that has been filed against it for damages to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. p 6. The Contractor has read and understands the specifications including General Requirements and has N examined and understands the plans herein referred to and agrees not to plead misunderstanding or I 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 September 9th, 2016. i 9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City and the Designer from and against all claims, damages, losses and expenses, including but not limited to i g I FURTHER CONDITIONS i 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 7 or does lessen or destroy free competition in the letting of this Contract and agrees that in case it J 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 $100 (One Hundred Dollars) as liquidated damages to the City. a 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. 'i The Contractor agrees,and its bond shall be surety therefore, that it will keep and maintain the Project in good repair for a period of two years after acceptance of the same by the City Council and its bond shall be security therefore. i i CITY OF DUBUQUE, I PRINCIPAL: By. City Managel Contractor BC Signatur l ifitle CERTIFICATE OF CITY CLERK This is certify th -t a certified copy of the above Contract has been filed in my office on the day j of , 2016. N Kevin Firnst I, City Clerk , e a 6 i a s i and Surety's failure to remedy any defect as required by this section Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. NOW, THEREFORE, the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications, and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages, costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance, and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa, then this obligation shall be null and void, otherwise it shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. ti 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 day of 2016. CITY OF DUBUQUE, IOWA PRINCIPAL: By: City Manager Contractor II u By: Signature j G N Title is SURETY: Surety Company By: Signature Title City, State, Zip Code Telephone Attorney In-Fact E 0 PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: Leisure Services Department Contact: Marie Ware i Please complete this form in its entirety and submit along with the executed Construction Contracts, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow a for the purchase or inventory withdrawal of materials for the specified Construction Project free from State of Iowa Sales Tax. Sales tax exemption certificates are not provided to material suppliers. The general contractor and a subcontractors can provide copies of the sales tax exemption certificates issued by the City to individual material suppliers. { `I Construction Project Name: Grand River Center Concourse and River Room Carpet Replacement Project Description: Carpet Replacement i Start Date (Bid let date): Completion Date: i 1. General Prime Contractor: Contact Name: Complete Address: (Include PO Box and Street Information) City, State, Zip Code ka&kuJaUL z �j 3 Telephone Number: - { Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: g 2. Subcontractor: Complete Address: w (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 1 i i i i 7. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: PROJECT INFORMATION 8. Subcontractor: Complete Address: (Include PO Box and Street Information). City, State, Zip Code j Telephone Number: Federal I.D. Number: (or Include Social Security Number) q Work Type to be Completed: I 9. Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone Number: a Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: 10. Subcontractor: Complete Address: 'a (Include PO Box and Street Information) City, State, Zip Code Telephone Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: Bond No. IAC585916 CITY OF DUBUQUE, IOWA CONTRACT FORM 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOWN ALL MEN BY THESE PRESENTS:That Commercial Flooring Company as Principal (Contractor)and Merchants Bonding Company (Mutual) as Surety are held firmly bound unto the City of Dubuque, Iowa(City), in the penal sum of$107,980.00 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 l 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 25th day of July , 2016, and duly attested and sealed. h u WHEREAS, the said Contractor by a Contract dated (July 9, 2016), incorporated herein by P reference, has agreed with said City of Dubuque to perform all labor and furnish all materials required to be performed and furnished for the Grand River Center Concourse and River Room Carpet Replacement 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: i 1. PERFORMANCE BOND:The Contractor shall well and faithfully observe, perform,fulfill and abide by each and every covenant, condition and part of said Contract and Contract Documents, by reference made a part hereof,for the Project,and shall indemnify and save harmless the City from all outlay and expense incurred by the City by reason of the Contractor's default of failure to perform as required.The Contractor shall also be responsible for the default or failure to perform q 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. I 2. PAYMENT BOND:The Contractor and the Surety shall pay all just claims submitted by persons, firms,subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants,oil, gasoline, repairs on machinery, equipment and tools, consumed or used by the Contractor or any subcontractor,wherein the same are not satisfied out of the portion of the contract price which the City is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons,firms,or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law.The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573,Code of Iowa,which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE BOND:The Contractor and the Surety hereby agree,at their own expense: a.To remedy any and all defects that may develop in or result from work to be performed under the Contract within the period of two(2)year(s)from the date of acceptance of the work under the Contract by the City Council of the City of Dubuque, Iowa, by reason of defects in workmanship or materials used in construction of said work; b.To keep all work in continuous good repair;and c.To pay the City the reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the City all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section Contractor's and Surety's agreement herein made extends to defects in workmanship or materials not discovered or known to the City at the time such work was accepted. NOW,THEREFORE,the condition of this obligation is such that if the said Contractor shall perform all of the work contemplated by the Contract in a workmanlike manner and in strict compliance with the plans and specifications,and will pay all claims for labor and materials used in connection with said Project, to indemnify the said City for all damages,costs and expense incurred by reason of damages to persons or property arising through the performance of said Contract, and will reimburse the City for any outlay of money which it may be required to make in order to complete said Contract �! according to the Construction Documents and will maintain in good repair said Project for the period specified in the Contract where this bond is obligated for maintenance,and will faithfully comply with all of the provisions of Section 573 of the Code of Iowa,then this obligation shall be null and void, otherwise it { shall remain in full force and effect. All the conditions of this bond must be fully complied with before the Contractor or the Surety will be released. The Contract,Contractor's Proposal,and Construction Documents shall be considered as a part of this Bond just as if their terms were repeated herein. Dated at Dubuque, Iowa this 25th day of July CITY OF DUBUQUE,10 PRINCIPAL: By: j ��.p Commercial Flooring Company City Manage' Contractor By: ignature w i Title SURETY: Merchants Bonding Company (Mutual) Surety Company By: Signature Attorney-in-Fact Title Dubuque, IA 52001 City,State,Zip Code 563-556-5441 Telephone Kim Hess Attorney In-Fact MERCH �yTS Bond No. IAC585916 BONDING COMPANY,. POWER POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Ada M Davidson;Andrew Hendricks; Bart A Straka; Corinne Ihm; David H Fritz; Diana K Hedrick;Jill Conrad; Jodi M Stevens; Keith M Sindberg; Kevin L Ehrlich; Kim Hess; Stephanie Needham;Tammy M Harms-Myers of Dubuque and State of Iowa their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any h such instrument shall not exceed the amount of: ONE MILLION($1,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, 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 By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President 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. i The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission 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,the Companies have caused this instrument to be signed and sealed this 7th day of May , 2015. a+''�y ;• j . ; ��oA..• MERCHANTS BONDING COMPANY(MUTUAL) Jlt0th gip` 9q' y• MERCHANTS NATIONAL BONDING,INC. �Z!: 2003 y 1933By e; STATE OF IOWA IV.,*r ' '••�jy•�`r•''`�•; COUNTY OF POLK ss. rrrnntr+ w ••••'•• President i On this 7th day of Ma yy 2015,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of}he MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards 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. OW WENDY WOODY O n oua a P' Commission Number 784654 My Commission Expires �owP June 20, 2017 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 25th day of July 2016 •••• ,�r„x.raietrni.�,y,. ••� ♦• ,i y. A = •at 1533 :C' Secretary POA 0014 (7/14) ', ,f .........;t;a'y '. aLy V\.6 ��---1 COMMFLO-01 KHESS ACO/2O� DATE(MM/DD/YYYY) �...r CERTIFICATE OF LIABILITY INSURANCE 7/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS fl CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). i PRODUCER CONTACT NAME: TRICOR, Inc.-Dubuque PHONE FAX P 500 Iowa Street (A/C, A/c No Ext1:(563)556-5441 A/C No): (608)723-6440 Dubuque,IA 52001 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Selective Insurance Company 12572 INSURED INSURER B: Commercial Flooring Co. INSURER C: WWB LLC 10426 Stonewood Dr. INSURER D Dubuque, IA 52003 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: % THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS " LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 D CLAIMS-MADE TO RENTED OCCUR S 2109220 02/27/2016 02/27/2017 PREMISAMAGEES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 p PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO- � POLICY JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO S 2109220 02/27/2016 02/27/2017 BODILY INJURY(Per person) $ h ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS l NON-OWNED PROPERTY DAMAGE $ a HIRED AUTOS AUTOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE S 2109220 02/27/2016 02/27/2017 AGGREGATE $ , DED -FX]-RETENTION$ 0 Aggregate $ 5,000,000 WORKERS COMPENSATIONOT - AND EMPLOYERS'LIABILITY STATUTE EERH p A ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N X WC 9010728 02/27/2016 02/27/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 u If yes,describe under 1 000 000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , A Equip Floater S 2109220 02/27/2016 02/27/2017 Limit-Premier Pro 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Grand River Center Ballroom Carpet Replacement The City of Dubuque,including all its elected and appointed officials,all its employees and volunteers,all its boards,commissions and/or authorities and their board members,employees and volunteers are additional insured on the general liability policy on a primary,noncontributory basis including ongoing and completed operations. Governmental immunites endorsement applies. Umbrella follows form. A waiver of subrogation is applied in favor of the City of Dubuque,including all its elected and appointed officials,all its employees and volunteers,all its boards,commissions and/or authorities and their board members,employees and volunteers on the workers compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Dubuque THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y q ACCORDANCE WITH THE POLICY PROVISIONS.'" 50 W 13th St Dubuque,[A 52001 AUTHORIZED REPRESENTATIVE 1988-2014 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD