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Contract/Bond_Temperley Excavating for Various City Sidewalk Replacements 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 I � �� Engineering Department j '�'�-��+C"t'I"`�t'Q�' �, � 50 W. 13th Street � � Dubuque,IA 52001 � ��`� "�� Office(563)589-4270 i „� � � Fax(563)589-4205 ' -- � �� engineer@cityofdubuque.org �C�a�L�Y�7'Z�C� OY! ��1� t�ESS2�SZ��x www.cityofdubuque.org � st�r•�as�•a�ss•�s� il, CITY OF DUBUQUE, IOWA SHORT FORM ; PUBLIC IMPROVEMENT CONTRACT �i THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the � City of Dubuque, lowa (City), by its City Manager, through authority conferred upon the City I Manager by its City Council and ` Te�perley Excavating, Inc. (Contractor) � (Contractor Name) 672 Mont omerty Ave. East Dubuque, IL 61025 (Contractors Address - City and State) ; PROJECT TITLE: CITY SIDEWALK REPLACEMENT VARIOUS LOCATIONS 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 CITY SIDEWALK REPLACEMENT VARIOUS LOCATIONS. f Bids to be submitted to the Engineering Dept, 2nd floor of City Hall by 2;00 PM July 26, 2019 I The work described above shall be completed at th� following location(�): i 300 lineal feet of sidewalk and access ramp between 590 and 556 Clarke Drive f E 35 lineal feet of sidewalk and 25 lineal feet of curb & gutter; coordination with City Forester for � stump removal located at 1560 Douglas St. on the Parkway side of property � 53 lineal feet of sidewalk and new driveway approach at 2930 Jackson Street � The Project shall be constructed to the meet the requirements as described in this Project Contract and the attached special conditions; in strict accordance with the requirements of the laws of the State of lowa and ordinances of the City of Dubuque relating to public works, and in accordance with the Contract Documents which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detailed statements thereof were repeated herein. Page 1 of 4 2. Contract Documents shall mean and include the following: This Improvement Contract; all � ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Contractor's Proposal; and the conditions described in the Contract, including any Special Conditions, Plans and Specifications and General Requirements as adopted by the ! City Council for the Project. � i 3. All materials used by the Contractor in the Project shall be the best of their several kinds and shall be put in place to the satisfaction of the City Manager. i, 4. The Contractor shall remove any materials rejected by the City Manager as defective or ; improper, or any of said work condemned as unsuitable or defective, and the same shall be , replaced or done anew to the satisfaction of the City Manager at the cost and expense of the ' Contractor. � � 5. Five percent (5%) of the Contract price may be retained by the City for a period of thirty (30) � days after final completion and acceptance of the Project by the City Manager to pay any 1 claim that may be filed within said time for labor and materials done and furnished in ,� connection with the perFormance of this Contract and for a longer period if such claims are � not adjusted within that time, as provided in lowa Code Chapter 573. The City shall also retain i� additional sums to protect itself against any claim that has been filed against it for damages 'I to persons or property arising through the prosecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or otherwise disposed of. ,I �i 6. The Contractor has read and understands the SUDAS Standard Specifications (Current � Edition) including but not limited to Division 1: General Provisions and Covenants and the City '��I of Dubuque Supplemental Specifications — Division 1 (Current Edition), and has examined '� _ and understands the project description described in Section 1 and any attached Special ;I Conditions herein referred to and agrees not to plead misunderstanding or deception because h of estimates of quantity, character, location or other conditions surrounding the same. � 7. The Contractor shall guarantee for a period two years and make good any other defect in u any part of the Project due to improper construction or material perFormance notwithstanding '' the fact that said Project may have been accepted and fully paid for by the City. The ' guarantee shall commence on the date that the City pays full compensation�for the complete � performance of this contract. � 8. The Contractor shall fully complete the Project under this Contract on or before Auqust 16, � 2019. 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 clairn, 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 therefrom, 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 Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Page 2 of 4 �� 10.Unless otherwise specified in the Contract Documents, prior to the commencement of any � work on the Project and at all times during the perFormance of this Contract, the Contractor � shall provide evidence of insurance which meets the requirements of the City's Insurance q Schedule for Artisan Contractors or General Contractors. � 11. 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 disability in consideration for an award. � 12.The City of Dubuque, State of lowa and Department of Justice have entered into a Consent � Decree requiring the City to,complete certain capital improvements pursuant to an established ; schedule and to comply with certain capital improvements pursuant to an established � schedule and to comply with certain reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City to advise contractors whose duties might reasonably include compliance with any provision of the Consent Decree with a copy of the Consent � Decree. The City expects its contractors to comply with the Consent Decree and to assist the City in complying with the Consent Decree. As a requirement of this Contract, the Contractor � shall execute and return to the City Exhibit A that is attached to this Contract. � THE CITY AGREES: " � � Upon the completion of the Contract, and the acceptance of the Project by the City Manager, the City agrees to pay the Contractor as full compensation for the complete perFormance of this Contract, the amount determined for the total number of units completed at the unit prices stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract Documents. The number of units stated in the contract, special conditions and contractors proposal is approximate only and the final payment shall be made by the work covered by the Contract. CONTRACT ESTIMATED AMOUNT $13,756.00 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10% OF THE ABOVE LISTED ESTIMATED AMOUNT. Page 3 of 4 � � � P f { i CITY OF UQUE, IOWA CONTRACTOR: By: � .� � y r � � Mich�el C. Van Milligen Dat C mpan Name ' ` City Manager j By: ..�.__��--^- _ ��(r� ' I i a ure Date ' �,�-� �'��.�/� I Printed Name � � �� Title � CONTRACTOR ACKNOWLEDGEMENT OF ; ATTACHED SPECIAL CONDITIONS: ' I ....�---� _..._--.� �' � By: � s_ � � ` i �"ignature Date � ,�-�^+ I �� .�� Printed Name �j � i Title REV. 07/18 � ( I I � � � I I I I I Page10of15 � � -rr��crry or � �'��, �` Addendum No.: N/A � � �tJSC�Y�atECC L�Pd t�7�1�Jti51S91�dd' City of Dubuque,lowa II Special Provisions � � �Project Name: � CITY SIDEWALK REPLACEMENT VARIOUS LOCATIONS ,� � LINE REFERENCE g�D ITEM DESCRIPTION P�AN UNIT REFERENCED SPECIFICATION III NO, NUMBER QUANTITY ❑ �I i� Division 7040-Pavement Rehabilitation � 1 7040-108-M-0 Curb and Gutter,Remove and Re lace 25 00 LF �-' Refer to City of Dukiuque 2Q15'Supplimeritaf Speafications. All concrete sha11 be IA C-4 mix. Curb ah ramp area shall be poured as in ctirb detail two, SUDAS 70302p2 i�contract documents , li Division 7030-Sidewalks,Shared Use Paths,and Driveways . II 2 7030-108-E-0 Sidewalk,PCC 4 Thickness 167.D0 SY I!I Unif price includes,but is not limited to sidewalk rernoval granual'subbase;;minor grade adjustments at driveways and other intersections subgrade' preparation formwork additional khickness atthickened edges�ointing sampling,smootFienss testing and wrrection top soil backfill and seeding. �I 3 7030-108-E-0 Sidewalk,PCC,6"(Thickness) 21.16 SY 1�1 Unit price includes but is not limited to sidewalk removal,granual subbase,minor grade ad�ustments`at driveways and other intersections,subgratle II prepa�ation,formwork atlditional thickness atthickened edges jointing,sampling,smootlienss teshng and correction top soil backfill and`seeding. I 4 7030-108-G-0 Detectable Warnin 8.00 SF ' Cast iron detectable warnmg panels shall be used;Neenah or East Jordan or an approved equal. Payment will be at the unit'price per square foot for : li the area of detectable wamings;installed.The contractor shall be responsible for the final'grade antl installation of sidewalks,;shared use paths and i drivewa incom liancewithfheADNPROWAGRe ualations. ° - ;I I i �,;I . ;I i� f� . �� a � IJ y i � i! i i ij Page 11 of 15 � ,3: a a..��o�� rnm��i j � M1 _ G.�.� �m�� . � v 4 � a`a..�>��u��--a� � g �. � `c�Q�a�'� '='!�(� h�{ � "C' f�'l ��'3�AL. �I m t�.4 � �'., P �� I� � II � IIII P h I� �II � �I T I � �II T u II . 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