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:
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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:
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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).
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5. Out-of-State Contractor Bond (Section 00610).
6. Other Bonds:
a. N/A (Bond Name) (pages_to _ , inclusive).
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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).
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15.Site Condition Information (Section 00775).
16.Construction Schedule and Agreed Cost of Delay (Section 00800). a
Tricon QU --. City
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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.
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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.
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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
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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:
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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:
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City Manager's Office
Department
By:
Signature
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Michael C. Van Milligen
Printed Name
City Manager i
Title
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Date
CONTRACTOR:
-nlERAL ULE
8UM
Contractor
By:
Signature
Ronald L Richard
Printed Name Owner
Title
Date
END OF SECTION 00500
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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.
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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
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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:
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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
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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:
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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
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SECTION 00600
Page 2 of 4 pp
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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
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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;
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B. To consent without notice to any change in the Contract or Contract Documents,
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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.
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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
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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
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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
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STATE OF WISCONSIN )
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COUNTY OF Kenosha )
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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
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Fidelity and Deposit Company of Maryland , a corporation
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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
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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.
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Kimbegy S. Ra ®req
Notary PubliCen a Co ��sconsin
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