HomeMy WebLinkAboutTRANSIT MAINTENANCE FACILITY BUS CHARGING STATIONS PROJECT 2021 TRANSIT MAINTENANCE FACILITY BUS CHARGING
STATIONS PROJECT
02-Jul-2021 Plans, Specs, proposal and contract, estimate of cost
06-Jul-2021 Res No. 21-191: Setting public hearing
12-Jul-2021 Notice of public hearing
23-July-2021 Revised specs, plans
27-Jul-2021 Res No. 21-219: Approving project manual and estimate of cost
28-Jul-2021 Notice to bidders
17-Aug-2021 Res No. 21-230: Awarding contract (Tricon General Construction Inc)
10-Sep-2021 Contract
12-Jan-2025 Engineer's report
21-Jan-2025 Res No. 25-19:Accepting the work
04-Jun-2025 Performance payment& maintenance bond
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PERFORMANCE, PAYMENT, AND MAINTENANC .40,N ;,k{x;
TRANSIT MAINTENANCE FACILITY
BUS CHARGING STATIONS PROJECT
CITY OF IOWA CITY
Bond No.2323158
KNOW ALL BY THESE PRESENTS: i
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That we, Trlcon General Construction,inc. as Principal i
(hereinafter the "Contractor" or"Principal") and North American Specialty Insurance company
as Surety are held and firmly bound unto City of Iowa City, Iowa, as Obligee (hereinafter referred j
to as "the Jurisdiction"), and to all persons who may be injured by any breach of any of the `
conditions of this Bond in the penal sum of j
One Hundred Sixty-Seven Thousand and 001100--- dollars
($ 167,000.00 ), 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.
The conditions of the above obligations are such that whereas said Contractor entered into a
contract with the Jurisdiction, bearing date the 18th day of August
2021 , (hereinafter the "Contract") wherein said Contractor undertakes and agrees to
construct the following described improvements,
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Provide new utility service, install and wire owner-furnished equipment, and provide equipment
and devices associated with the bus charging system as indicated herein and shown on the
drawings.
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To faithfully perform all the terms and requirements of said Contract within the time therein
specified, in a good and workmanlike manner, and in accordance with the Contract Documents. t
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It is expressly understood and agreed by the Contractor and Surety in this bond that the following
provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: I
1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and I
abide by each and every covenant,condition,and part of said Contract, by reference made
a part hereof, for the above referenced improvements, and shall indemnify and save
harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by
reason of the Contractor's default of(allure 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
Transit Maintenance Facility Bus Charging Stations Project 0510—Page 1 of 4
y tl�e rtractorar any subcontractor, wherein the same are not satisfied out of the
r"i f ith �9r act price the Jurisdiction is required to retain until completion of the
improveMpnt,,but the Contractor and Surety shall not be liable to said persons, firms, or
corpardtibrfgitanless the claims of said claimants against said portion of the contract price
10'1 shAlkav`e'been established as provided by faw. 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
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 one year (1) from the date of
acceptance of the work under the Contract, 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 Jurisdiction's reasonable costs of mariitaring and inspection to assure
that any defects are remedied,and to repay the Jurisdiction all outlay and expense
incurred as a result of Contractor's and Surety's failure to remedy any defect as
required by this section.
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 to the Contractor in which to
perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
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 20%of the total contract price,and that this bond shall then be released
as to such excess increase; and
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.
D. That no provision of this Bond or of any other contract shall be valid that limits to i
less than one year(1)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 E
way, but shall include the actual and reasonable costs and expenses Incurred by
the Jurisdiction 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, attorneys fees (including overhead expenses of the Jurisdiction's staff
attorneys), and all costs and expenses of litigation as they are incurred by the
Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the
Jurisdiction on all claims made against the Jurisdiction on account of Contractor's
failure to perform as required in the Contract and Contract Documents, that all
agreements and promises set forth in the Contract and Contract Documents, in
approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction
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.
Transit Maintenance Facility Bus Charging Stations Project 0510—Page 2 of 4
In the event the Jurisdiction incurs any "outlay and expense" in defending itself against
any claim as to which the Contractor or Surety should have provided the defense, or in the
enforcement of the promises given by the Contractor in the Contract,Contract Documents,
or approved change orders, or in the enforcement of the promises given by the Contractor
and Surety in this Bond, the Contractor and Surety agree that they will make the
Jurisdiction whole for all such outlay and expense, provided that the Surety's obligation
under this bond shall not exceed 125% of the penal sum of this bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties
agree that the venue thereof shall be Johnson County, State of Iowa. If legal action is
required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary
obligation incurring to the benefit of the Jurisdiction,the Contractor and the Surety agree,
jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by
the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be
cumulative and not alternative and shall be in addition to all rights, powers, and remedies
given to the Jurisdiction, by law. The Jurisdiction 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
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 and the Contract; second, if not defined in the Bond or Contract, it
shall be interpreted or construed as defined in applicable provisions of the Iowa Code;
third, if not defined in the Iowa Code, it shall be interpreted or construed according to its
generally accepted meaning in the construction industry; and fourth, if it has no generally
accepted meaning in the construction industry, it shall be interpreted or construed
according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and
shall not limit liability hereunder. The Contract is hereby made a part of this Bond.
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Transit Maintenance Facility Bus Charging Stations Project 0510—Page 3 of 4
PRINCIPAL:�T]ricon General Construction,Inc. SURETY:
f®fv North American Specialty Insurance Company
Printed Name f ractor Officer Surety Company Name
By —
Signature o r
ontractor Officer i -ituf - ttorney-in-Fact Officer
Thomas O.Chambers _
Title of Contractor Officer Printed Name of Attorney-in-Fact Office_r
Shorewest Suretv Services, Inc.
Company Name of Attorney-in-Fac4
2626 49th Drive
Company Address of Attorney-in-Fact
Franksville,WI 53126
City, State, Zip Code of Attorney-in-Fact
262 835-9576
Telephone Number of Attorney-in-Fact
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 Certificate or Power of Attorney accompanying this bond must be valid on its
face and sealed with the Surety's raised, embossing seal.
4. 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.
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Transit Maintenance Facility Bus Charging Stations Project 0510-Page 4 of 4
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SWISS RE CORPORATE SOLUTIONS
OM AMERICAN SPECIALTY INSURANCE COMPANY
�075 JUi,y — 4'=N TONi INTERNATIONAL INSURANCE COMPANY
GENERAL POWEk OF ATTORNEY
KNO*-ALL M8N BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under
tales of she State of Now Hampshire,and having its principal office in the City of Overland Park,Kansas,nod Washington International Insurance
Company,a corporation organized mid existing under the laws of ttto State ofNew Hampshire and having its principal office III CIO City of OYerland
Park,Kansas,each doss hereby make,constitute and tippoint:
THOMAS 0.CHAMBERS,TODD SCHAAP
and KIMBERLY S,RASCH
,tOINTLY OR s,PVEtzALLY G
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Its true and lawful Attoracy(s)-in-Fact,to make,execute,seal and deliver,for and on its behalfand as its act and deed,bonds or other writings
obligatory fit the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as pro or may bo required or permitted by
law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship"pouted under this authority shall exceed the €
amount of, FIFTY MILLION($50,000,000.00)DOLLARS
This Power of Attomey is granted and is signed by facsimile under and by the authority of the fol lowing Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company end Washington International Insurance Company at meetings duly called and hold f
on the 90'of May,2012: E
"RESOLVED,that any two of the Presidents,any Managing Director,any Son lor Vloc president,any Vice President,any Assistant Vice President,
tho Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to oxceuto a Powcr ol'Allorney qu all tying the attorney named
in Ilse given Poiver of Attorney to oxen to on behalf of Ilia Company bonds,undertakings and all contracts of surety,and that cash or any of them
hereby is authorized to attest to Ilia execution or any such Power of Attorney and to attach IhoMit the seal of the Company; and it is
FURTHBR RESOLVED,That the signature of such oMcars and the not of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by fees lmIto,and any such Power afA(torney or cart lftonto boaring such foosimilosignaturesor faoshnife seal shall be
binding upon the Company who it so affixed and In Ilia%tore with regard to any bo)id,undertaking,or contract of surety to which it is attached"
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IN WITNESS WFIFREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their I
official seals to be liereunte affixed,and theso presents to be Signed by(hair authorized officers this I'Ith day of. April 12018
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of Cook as: l
On this 1Ith day of April 2018•before me,a Notary Public personally appeared Steven P_An Ider3on ,Senior Vice President of
Washington Intentallenal Insurance Company and Senior Vice President of North Anted cart Specialty Insurance Company and lyfichae]A.Ito_
Senior Vice President a Washington International Insurance Company and Senior Vice President of North American Specialty Insurance
Company,personally known to ma,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and
acknowledged said instrument to be the voluntary act and deed of thch-ropective companies.
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yCon1dA laZlG!'h�� M.Kenny,Notney Publla
I, ,foffroy Ooldbarg he duly elected Assistant Secretary 0 Norilt American Specialty Insurance Company and Washington
International Insurance Company,do hereby certify that the above,and fbrogoing Is a true and correct copy of a Power of Attorney given by said North
American Specialty Insurance Company and Washington International insurance Company,which Is still in full foreo and effect.
IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 19th day of August , 2021 I
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2025 JUN -4 PM 4: 5 I
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CITY, irwq,:-;
STATE OF WISCONSIN )
COUNTY OF Racine )
ON THIS 19th day of August , 2021 ,
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
North American Specialty Insurance Company , a corporation
of New Hampshire . created, organized and existing under and
by virtue of the laws of the State of New Hampshire ; that the corporate seal
affixed to the foregoing within instrument is the seal of the said Company; that the seal
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.
Jac a Sheldon
Notary Public,Racine County, Wisconsin
My Commission Exp,ires 2/13/2023