Improvement Contracts / Performance, Payment and Maintenance_FitzGerald Deconstruction & Reuse, LLC Copyrighted
November 2, 2020
City of Dubuque Consent Items # 16.
City Council Meeting
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUMMARY: FitzGerald Deconstruction & Reuse, LLC fordeconstruction of 1025
Bluff Street.
SUGGESTED Suggested Disposition: Receive and File;Approve
DISPOSITION:
ATTACHMENTS:
Description Type
FitzGerald Deconstruction & Reuse, LLC Contract Supporting Documentation
THE CITY OF
D�� � City of Dubuque
Housing &Community Development
Department
Masterpiece on tl�e Mississippi 350 W 6t� St Ste 312
Dubuque, IA 52001
(563) 589-4270
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
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
Manager by its City Council and
FitzGerald Deconstruction & Reuse LLC (Contractor) of the City of
(Contractor Name)
1240 University Ave, Dubuque, IA 52001 .
(Contractors Address - City and State)
PROJECT TITLE: DECONSTRUCTION OF 1025 BLUFF ST — DUBUQUE, IA
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
CONTRACTOR AGREES:
1. To perform all work as outlined on the bid/quote from FitzGerald Deconstruction & Reuse
(attached) dated 10/14/2020.
2. To remove all concrete slabs, walls and underground structures. Concrete that will remain
on site shall be broken in to 1 square foot (maximum) pieces to facilitate drainage.
Approved material shall be placed as backfill in all excavated areas and graded to provide
positive surface drainage to all areas of the site—elevations must be approved by the City.
There shall be a minimum 6" of topsoil on all excavated locations. Disturbed soil shall be
sown with a grass seed and mulch appropriate for the conditions of the site.
All finish landscape work shall be complete by 06/01/2020. All work in excess of that
outlined in the bid/quote will be billed time and material.
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 7
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.
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.
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 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 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 shall be held by the City until such claims
have been settled, adjudicated or otherwise disposed of.
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 of Dubuque
Supplemental Specifications — Division 1 (Current Edition), and has examined and understands
the project description described in Section 1 and any attached Special Conditions herein referred
to and agrees not to plead misunderstanding or deception because 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 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
02/01/2021 .
(DATE)
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 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.
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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 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 AMOUNT $ 98,796
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF %
OF THE ABOVE LISTED ESTIMATED AMOUNT.
Page 3 of 7
CITY OF DUBUQUE, IOWA CONTRACTOR:
'/� �`��� 10/29/2020
By• Fi tzGPral d DPrnnst ru�ti nns Rr RPI15P
Michael C. Van Milligen Date Comnanv Name
City Manager
— � 10/29/2020
By:
S Date
Kyle Fitzgerald
Printed Name
Principal
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By. ,�Jy��,� io/z9/zozo
}� �
Signat__� Date
Kyle Fitzgerald
Printed Name
Principal
Title
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The following special conditions shall apply to this Project:
Provide proof of insurance compliant with City of Dubuque Schedule F.
REV. 07/18
Page 5 of 7
EXHIBIT A
CONSENT DECREE
RELATING TO THE
CITY OF DUBUQUE, IOWA
WATER & RESOURCE RECOVERY CENTER
AND
SEWER COLLECTION SYSTEM
NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF
DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER
CONNECTION SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO
THE CITY OF DUBUQUE ENGINEERING DEPARTMENT
The City of Dubuque, lowa 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 No. 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 lowa. 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 can be found at
http://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A paper copy is available upon
request from the City of Dubuque Engineering Department.
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 years after the termination of the Consent Decree,
the City shall retain, and shall 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
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 requirement shall apply regardless of any contrary City,
corporate or institutional policies or procedures. At any time during this information-retention period,
upon request by the United States or the State, the City shall 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 shall 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 shall
deliver any such documents, records, or other information to the EPA or IDNR.
Page 6 of 7
Certification by Contractor or Consultant
The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of the
Contractor or Consultant, 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 City of Dubuque, lowa, Civil Action No. 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 lowa.
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 performance of obligations under the
Consent Decree, including any underlying research and analytical data, will be retained as required
by the Consent Decree.
The Contractor or Consultant 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 or Consultant's failure to comply
with the Consent Decree.
Contractor or Consultant:
By:
Its:
Date:
Return siqned copv to:
Deron Muehring
Civil Engineer
City Hall - Engineering Department
50 W 13th Street
Dubuque IA 52001
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