Loading...
Contract/Bond_Sealmaster Foam/S&S Builders for Fire Headquaters ADA Ramp Replacement Copyrighted September 3, 2019 City of Dubuque Consent Items # 29. ITEM TITLE: ImprovementContracts / Performance, Paymentand Maintenance Bonds SUMMARY: Commercial Flooring Company (2)forthe Grand River Center meeting rooms and Exhibit Hall carpet replacement; Eastern lowa Excavating & Concrete, LLC for the Storm Sewer Construction Chavenelle Road - First Supply 2019 Project; River City Paving for the Dubuque Montessori Parking LotAsphalt Paving Project; Sealmaster Foam d/b/a S& S Builders for the Dubuque Fire Headquarters ADA Ramp Replacement Project; Temperley Excavating, I nc. (2)for the Hillcrest and Rosemont Storm Reconstruction Project and City Sidewalk Replacements in various locations. SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Approve ATTACHMENTS: Description Type ContracVBond Commercial Flooring Co. for GRC Supporting Documentation Meeting Rooms Carpet Replacement ContracVBond Commercial Flooring Co. for GRC Supporting Documentation Exhibit Hall Carpet Replacement ContracVBond Eastern IA E�avating for Chavenelle Supporting Documentation Rd./First Supply 2019 Storm Sewer ContracVBond River City Paving for Dubuque Supporting Documentation Montessori Parking LotAsphalt Paving Project ContracVBond SealMaster Foam for Fire Supporting Documentation Headquarters ADA Ramp ContracVBond Temperley Excavating, Inc. for HillcresURosemont Storm Reconstruction Supporting Documentation ContracVBond Temperley Excavating, Inc. for City Supporting Documentation Sidewalk Replacements � � � ' 9 , SECTION 00500 � Page 1 of 6 ' � � PU�LIC IMPROVEMENT CONTRACT � SECTION 00500 � DBQ FIRE HEADQUARTERS - ADA RAMP REPLACEMENT PROJECT y THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references � purposes the 24 day of �u�Y , 2019 between the City of Dubuque, lowa, by its �� City Manager, through authority conferred upon the City Manager by its City Council (City), and �� Sealmaster Foam DBA S&S Builders (Contractorj . i 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 DBQ Fire �' Headquarters -ADA Ramp Replacement Proiect. I,i 2. CONTRACT DOCUMENTS � A. The Contract Documents consist of the following: �I �; 1. Project Title Page (Section 00100). ;; 2. Project Directory Page (Section 00101). �� ,, 3, Project Certification Page (Section 00102): 'i 4. This Public lmprovement Contract (Section 00500). I� 5. Out-of-State Contractor Bond (Section 00610). ; 6. Other.Bonds: !% a. N/A (pages_to_ , inclusive). u i� b. N/A (pages_to_ , inclusive). 'I c. N/A (pages_to_ , inclusive). � i� 7. The lowa Statewide Urban Design And Specifications (SUDAS) 2017 Edition. � 8. CITY OF DUBUQUE Supplemental Specifications 2017 Edition. � _ � 9. Other Standard and Supplementary Specifications as'listed on the Title Page of the Contract Documenf ManuaL : � 10. Special Provisions included in the project Contract Document Manual. . 11. Drawings —Sheet No:A.o� through No. c.1o1( 5 pages) or drawings consisting of sheets bearing the following general title: � 12. Addenda (numbers � to � , inclusive). � 13. Insurance Provisions and Requirements (Section 00700). 14. Sales Tax Exemption Certificate (Section 00750). 15. Construction Schedule andAgreed Cost of Delay (Section 00800). 16. Other Projeat Information and Permits (Sections 01100 - 00000). SECTION 00500 ' Page 2 of 6 17.Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages � to 4 inclusive). b. Bidder Status Form (Section 00460). 18.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. � 3. All materials used by the Contractor in the Project must be of the quality required by the �i 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 fio the satisfaction of the City at the sole cost and expense of the Contractor. ' 5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) �! days afterfinal completion and acceptance of the Project by the City Council to pay any claim �' by any party that may be filed for iabor and materials done and furnished in connection with E the performance of this Contract and for a longer period if such daims are not adjusted within ;:. that thirty (30) day period, as provided in lowa Code Chapter 573 or lowa 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 j 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 provid�d for in the �pecification�, 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. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract � Documents. 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys'fees, arising out of or resulting from performance of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death; or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts i i � � SECTION 00500 Page 3 of 6 Contractor may be liable, regardless of whether or not such claim, damage, loss or expense ; is caused in part by a party indemnified hereunder. �{ 9 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; '�!i and it has not, nor has another person for or in its behalf directly or indirectly, entered into � any Contractor arrangement with any other person, firm, corporation or association which 4� 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 Cit . ; � � _ y; �� 11. The Project must be constructed in strict accordance with the requirements of the laws of the !i State of, Jowa, 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 #he Clean Air Act of l; 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. G: I;�� 1368 et. seq.) as arnended, Executive-Order 11738, and `Environmental Protection � Agency regulations (40 GFR, Part 15). Contractor must comply with' Section 103 and i 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and j� Department of Labor Regulations (29 CFR, Rart 5). i'� B. The City of Dubuque in accordance with Title Vl of the Civil Rights Act of 1964, 78 Stat: '�1 252, 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 I! 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 II 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 disability � in consideration for an award. ' �I s u � SECTION 00500 � Page 4 of 6 � � � CONSENT DECREE � FtELATING TO THE PROJECT �� r 14. � THIS CONTRACTOR IS PERFORMWG 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. '� CITY CONTRACTOR THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE i RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS 4 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 lowa v. The City of Dubuque, lowa, 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 forthe Northern , District of lowa. The provisions of the Consent Decree apply to and are binding upon the City and its I 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. ; i 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 fihe Contract Documents and can be viewed at http•//wUvw ci��ofdubuq�►� o�qlfloca�m�nt�enter/N�rn�/View/3�73. 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 musf retain, and must instruct its contraciors and ager�ts to preserve, all non-identical copie� of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's . perFormance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the 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. � SECTION 00500 Page 5 of 6 � �, CERTIFICATION BY CONTRACTOR ; ;; , � The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, ;{ certifies to the City of Dubuque as follows: �� 1. I have received a copy of the Consent Decree in the case of The United States of America and the State of lowa v. The Cit of Dubu ue lowa Civil Action Nu I��� , y q , , mber , Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 'i 5-1-1-09339, United States District Court for the Northern District of lowa. �! �� 2. All work performed wil"I 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 I� performance of obligations under the Consent Decree, including any underlying �i research and analytical data, will be retained as required by the Consent Decree. ;, � 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, i agents, or employees from and against any claims, including penalties, costs and I; fees as provided in the Consent Decree, relating to or arising out of the Contractor's ;� failure to comply with the Consent Decree. ;; ��� CONTRACTOR: � Sealmaster Foam D�A S&S Builders � Contractor ey: ��. `�..�..... � Signature .5�°�-�,��z� i �e�� �� Printed Name I i ��"� Title °, °7-��-���J � Date 1 SECTION 00500 � Page 6 of 6 a ;�THE CITY AGREES: , 15. Upon the completion of the Contract, and the acceptance of the Project by the City Council, I and subject to the requirements of law, the City agrees to pay the Contractor as full I� 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. �� I!, CONTRACT AMOUNT $ 9,000,00 � � �� 'i� i ;� I CITY OF DUBUQUE, IOWA: � Engineering �;� , Department By: � li Signature Michaef C. Van Milligen Printed Name City Manager I, Title � � � � 'i Date i CONTRACTOR: j Sealmaster Foarr� DBA S&S Builders Contractor By,' �°`��.. �1-�� �z-- � Signature � ��"d f3'�-va- /�'��i��t-� �' i Printed Name � i �.�'����-�- T��� , ������� , Date � i � i ___= END OF SECTION 00500 =___