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Improvement Contract/Bond_Tricon Construction_Jule Operations Center Copyright 2014 City of Dubuque Consent Items # 21. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Tricon Construction Group for the Jule Operations and Training Center SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Tricon Construction Group Contract and Bond Supporting Documentation SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 Jule Operations and Training Center j THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 6th day of December , 2016 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and Tricon Construction Group (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: i 1. To furnish all material and equipment and to perform all labor necessary for the Jule Operations and Training Center. 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: h 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). J 5. Out-of-State Contractor Bond (Section 00610). 6. Other Bonds: a. N/A (Bond Name) (pages_to _ , inclusive). i; b. N/A (Bond Name) (pages_to _ , inclusive). h C. N/A (Bond Name) (pages_to_ , inclusive). 7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2016 Edition. 8. CITY OF DUBUQUE Supplemental Specifications 2015 Edition. 9. Other Standard and Supplementary Specifications as listed on the Title Page of the I Contract Document Manual. 10.Special Provisions and Specifications included in the project Contract Document Manual, including Section 00 43 00, pages 1 - 32. 11. Drawings-Sheet No.1.0 through No.F201 (105 pages) or drawings consisting of sheets bearing the following general title: As listed on the title sheet and as added addendums 1-5. 12.Addenda (numbers 1 to 5 , inclusive). 13.Insurance Provisions and Requirements (Section 00700). 14.Sales Tax Exemption Certificate (Section 00750). 3 15.Site Condition Information (Section 00775). 16.Construction Schedule and Agreed Cost of Delay (Section 00800). a Tricon QU --. City I SECTION 00500 Page 2of6 17.Erosion Control Certificate (Section 00900). 18.Consent Decree (Section 01000). u 19.Other Project Information and Permits (Section 01100). 20.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages 1 to 8 , inclusive). b. Bidder Status Form (Section 00460). c. Contractor Background Information Form d. The following documentation that must be submitted by Contractor prior to Notice of Award. r i. i ii. iii. l 21.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). 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. pi 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. Five percent 5° of the Contract rice will be retained b the Cit for period of thirty 30 5 p ( �0) p Y Y p Y ( ) q 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. B SECTION 00500 Page 3 of 6 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 f1 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 ! 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 j 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. SECTION 00500 Page 4 of 6 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). D. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or a disability in consideration for an award. CONSENT DECREE RELATING TO THE PROJECT i 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. SSB 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.citvofdubugue.org/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 SECTION 00500 Page 5of6 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 j 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. CERTIFICATION BY CONTRACTOR j r 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: II 1. I have received a co of the Consent Decree in the case of The United States of copy � 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. 2. All work performed will be in conformity with the provisions of the Consent Decree. 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 s performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. h 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: 'ca) C 8 c-ri Contractor By. -- Signature Ronald L Richard Printed Name Owner Title Date SECTION 00500 Page 6 of 6 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 $ 5,693,000.00 CITY OF DUBUQUE, IOWA: i City Manager's Office Department By: Signature h Michael C. Van Milligen Printed Name City Manager i Title f Date CONTRACTOR: -nlERAL ULE 8UM Contractor By: Signature Ronald L Richard Printed Name Owner Title Date END OF SECTION 00500 i Jule Operations and Training Center BUY AMERICA REQUIREMENTS 49 U.S.C. 53230) 49 CFR Part 661 Buy America — The Contractor agrees to comply with 49 U.S.C. 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless steel, iron, and manufactured products used in FTA-funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation, and microcomputer equipment and software. Separate requirements for rolling stock are set out at 49 U.S.C. 53230)(2)(c) and 49 C.F.R. 661.11. Rolling stock must be assembled in the United States and have a 60 percent domestic content. G' A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive. This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel, iron, or manufactured products. Certificate of Compliance with 49 U.S.C. 53230)(1) The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1)and the applicable regulations in 49 CFR Part 661.5. i Date November 30,2016 Signature— Az:�� Company Name Tricon General Construction, Inc. Title Owner Certificate of Non-Compliance with 49 U.S.C. 53230) (1) The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49 U.S.C. 53230)(2)(A),5323(j)(2)(6),or 5323(j)(2)(D),and 49 C.F.R.661.7. Date Signature Company Name Title BID FORM SUPPLEMENTS AND REQUIRED CONTRACT CLAUSES 004300- 2 Jule Operations and Training Center LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 The undersigned[Contractor]certifies,to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65,to be codified at 2 U.S.C. 1601, et seq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such expenditure or failure.] The Contractor, Tricon Construction , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the ro .sions of 31 U.S.C.A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official Ron Richard/Owner Name and Title of Contractor's Authorized Official November 3b, 2016 Date BID FORM SUPPLEMENTS AND REQUIRED CONTRACT CLAUSES 004300- 3 City of Dubuque—Bus Storage Facility Form 102115 09-00 6). Iowa Department of Transportation DISADVANTAGED BUSINESS ENTERPRISE INFORMATION Bid Order No. Jule Operations and Training Center STATEMENT OF DBE COMMITMENTS Letting Date November 30, 2016 (To be completed in ink by All Bidders as per the current DBE Specification) County Dubuque The submittal of this form with the signed proposal constitutes your DBE commitment. Proposal ID No. CIP#6002446 and 3602446 The following work will be subcontracted to certified DBE firms. Contractor Tricon General Construction 1. 2. 3. 4. 5. 6. 7. DBE Firm* Submit Use Check Date Contacted Work or Items To Be Subcontracted Quote Quote Amount to DBE If DBE DBE Commitment Person Contacted Yes/No Yes/No (Dollars) Supplier (Dollars) Advanced Traffic ControlInc. 11122/16 No Vau n Miller $ $ Classic Window Treatmen s LLC 11/22/16 Yes Susan Genz $ $ Larry's Landscaping 11/22116 No Larry Eason $ $ 11/22/16 No Anne Duffield $ $ Rockette Trucking&Cons ruction Ltd. 11/22/16 No Connie J. Ross-Steger $ $ Tiedt Nursery, Ltd. 11122/16 No Vallarie L Holm $ $ Access Control Co. Inc. 11122116 No Melissa Musko $ $ Heritage Landsca e Desigr, Inc. 11/22/16 No amie Lewis $ $ $ * For each DBE firm, columns 1 (name of firm only),4& 5 must be Total DBE Participation Commitment = $ 0 completed to constitute a commitment to a DBE goal. The total DBE participation dollar commitment will be based on 100% of the dollars in Total DBE Participation Commitment = % 0 column 5, or 60% of the dollars in column 5 if column 6 is checked. Distribution:White Copy—submitted with bid;Yellow Copy-contractor City of Dubuque—Bus Storage Facility I W10WA DOT Form 020081wd NON-COLLUSION BIDDING CERTIFICATION 01-14 1 here swear (or affirm) under the penalty for perjury: 1. That I am the bidder (if the bidder is an individual), a partner in the bid (if the bidder is a partnership), or an officer or employee of the bidding corporation having authority to sign on its behalf(if the bidder is a corporation); 2. That the attached bid or bids have been arrived at by the bidder independently and have been submitted without collusion and without any agreement, understanding, or planned common course of action with any other vendor or materials, supplies, equipment, or services described in the invitation to bid, designed to limit independent bidding or competition. 3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in the affidavit. Signature PR:=� Firm Name Tricon General Construction, Inc. Subscribed and sworn to before me this 30th day of November20 16 CYNTt=IIA.B. LOTTO Commission (dumber 729037 � ` 'ray Comm. Exp. q,21,I �- � ��`" Notary Public My commission expires A2ril2l , 20 19 Bidder's EI.Number 1/Z' /Z�7J_5�g Number Used on Employer's Quarterly Feder BID FORM SUPPLEMENTS AND REQUIRED CONTRACT CLAUSES 004300- 30 SECTION 00600 Page 1 of 4 PERFORMANCE PAYMENT AND MAINTENANCE BOND i Bond No.9233558 SECTION 00600 KNOW ALL BY THESE PRESENTS: .i 1 That We, Tricon General Construction,Inc. y as Principal (hereinafter the "Contractor" or "Principal") and Fidelity and Deposit Company of Maryland , 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 five million, six hundred and ninety three thousand dollars ($ 5,693,000.00 ), 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. ty The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 6th day of December 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 h 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 Jule Operations -and Training Center Project detail the following described improvements: f 'q The new 41,450 square foot Jule Operation and Training Center is to house its fleet of 31 new diesel busses. The intent is to utilize the existing building footprint of the old City Public Works Building located at 925 Kerper Boulevard replacing exterior walls, re-roofing and remodeling the interior. 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: 11 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. 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 i i ' I I d i k SECTION 00600 Page 2 of 4 pp i1 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 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. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own i expense: N 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 i C. To pay the Owner's 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 II. orders to the Contractor in which to perform the Contract; B B. To consent without notice to any change in the Contract or Contract Documents, I 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, 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 u 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 !i 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. I 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 j promises given by the Contractor in the Contract, Contract Documents, or approved change u 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 u percent(125%)of the penal sum of this Bond. �I In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that k, the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner q 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. 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 i SECTION 00600 Page 4 of 4 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. I 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. 6002446-3602446 Witness our hands, in triplicate, this 8th day of December , 2016. i SU,.R. COUNTERSIGNED BY: �. •w " FORM APP O ED BY: Sigrature of Thomas O.Chambers Represervrative for Owner Printed Name of Agent 2626 49th Drive SURETY: Fidelity and Deposit Company of Maryland Company Address Franksville,WI 53126 Surety Co :leany � , a.•°"""'""-" """°"' City,State,Zip Code v: 262-835-9576 Signature Attorney4i - aet I Company Telephone Number Thomas O.Chambers Printed Name of Attorney-in-Fact Officer PRINCIPAL: Fidelity and Deposit Company of Maryland Tricon General Construction,Inc. Company Name 1299 Zurich Way Contractor I Company Address By.Signa re Schaumburg,IL 60196 City,State,Zip Code Ronald L RichardCity, Printed Name Owner 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 Bond 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 i i F g ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by MICHAEL BOND,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,and appoint Thomas O.CHAMBERS and Todd SCHAAP,both of Franksville,Wisconsin, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. LI The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and j FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 15th day of September,A.D.2016. j ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND `G,a �JINSG,c•A��,'aII 7 p SISAL Ing 4H..n sVi6�� t99B'... m�"'".•........a a Secretary Vice President Eric D.Barites Michael Bond State of Maryland County of Baltimore On this 15th day of September, A.D. 2016, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, MICHAEL BOND, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. r��111n�1111 Maria D.Adamski,Notary Public My Commission Expires:July 8,2019 POA-F 184-0010C p9p 9 i 4 u j u STATE OF WISCONSIN ) l COUNTY OF Kenosha ) i ON THIS 8th day of December 2016 , before me, a notary public,within and for said County and State,personally appeared_ Thomas O.Chambers to me personally known, who being duly sworn, upon oath did say that he is the Attorney-in-Fact of and for the 'i Fidelity and Deposit Company of Maryland , a corporation i of Maryland , created, organized and existing under and l by virtue of the laws of the State of Maryland that the corporate seal affixed to the foregoing within instrument is the seal of the said Company; that the seal i was affixed and the said instrument was executed by authority of its Board of Directors; and the said Thomas O.Chambers did acknowledge that he/she executed the said instrument as the free act and deed of said Company. i jl Kimbegy S. 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