Improvement Contract_Temperley Excavating, Inc. for the Wood St. Sanitary / Water ProjectCity of Dubuque
City Council Meeting
Consent Items # 17.
Copyrighted
September 7, 2021
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUMMARY: Drew Cook & Sons Excavating for Green Alley Repair of 2417 White
Street; Drew Cook & Sons Excavating for the Chavenelle Road Water
Main Improvements; G&R Tree Service for the 2021 Stumps/Sidewalks
Project One; Horsfield Construction, Inc. for the Chavenelle Road
Reconstruction Project - Radford Road to Northwest Arterial; SELCO,
Inc. for the 2021 Pavement Marking Project; Temperley Excavating, Inc.
for the Wood St. Sanitary / Water Project.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description
Green Alley Repair of 2417 White Street
2021 Stumps/Sidewalks Project One
Chavenelle Road Reconstruction Project
2021 Pavement Marking Project
Chavenelle Road Water Main Improvements
Wood St. Sanitary / Water Project
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
WOOD ST. SANITARY / WATER PROJECT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 15t" day of July 2021 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Temperley
Excavating, Inc. (Contractor).
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the
WOOD ST. SANITARY / WATER PROJECT (Project).
2. CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
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).
5. Out -of -State Contractor Bond (Section 00610).
6. Other Bonds:
a. _ (Bond Name)
b. (Bond Name)
C. ___(Bond Name)
(pages __ to ___ , inclusive).
(pages —to __ , inclusive).
(pages _ _ to — , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2020 Edition.
6. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10. Special Provisions included in the project Contract Document Manual.
11. Drawings —Sheet No. through No. _. (00 pages) or drawings consisting of
sheets bearing the following general title:
AL.I._
12.Addenda (numbers 1 to .1 . , inclusive).
13.Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750),
15. Site Condition Information (Section 00775).
Page 2 of 6
16. Construction Schedule and Agreed Cost of Delay (Section 00800).
17. Erosion Control Certificate (Section 00900).
18. Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 01100 - 00000).
20. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00471)
ii.
iii.
21.The following which may be delivered or issued on or after the f=ffective 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
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.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
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.
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 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 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 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
Page 4 of 6
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.
CONSENT DECREE
RELATING TO THE PROJECT
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 ARI_:
APPLICABI-E.
CITY CONTRACTOR
u 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 l-HE 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 2.008V00041, 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.cityofdubugue.or_q/DocumentCeriter/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
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
Stages or the State, the City must deliver any such documents, records, or other information to the EPA
or IDNR.
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:
I have received a copy of the 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.
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.
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.
Temperley Excavating, Inc.
Contra
By:
Signature %�
/f 7,
Printed Name
Title � � �f
-7 f !j'L�r
Date
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 $ 69,984.50
CITY OF DUBUQUE, IOWA:
Cit M na er's Office
Depart nt
Signature
Michael C. Van Millige
Printed Name
City Ma-- na er
Title
;r-) � t: r
Date
CONTRACTOR:
Temperley Excavating, Inc.
Contractor
By:
S n�re
Print�Na'--'
Title —%
Date
==== END OF SECTION 00500 ====
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
Bond No.: 107473064
KNOW ALL BY THESE PRESENTS:
That we, _ Temperley Excavating, Inc. , as Principal (hereinafter the "Contractor" or "Principal")
and Farmington Casualty Company , 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 sixty-nine thousand, nine hundred eighty-four dollars and fifty, cent
cents
($69,984.50), 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 Owner, bearing date the 15th day of July 2021.
(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
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 Wood
Street Sanitary / Water Project detail the following described improvements:
PROJECT DESCRIPTION
Replacement of 212 feet of 8" diameter sanitary sewer main and (1) sanitary
manhole, 70 feet of 12" diameter water main and (1) water main valve, and HMA
pavement replacement.
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:
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
Contractor or any subcontractor, wherein the same are not satisfied out of t:he portion of the
contract price the Owner is required to retain until completion of the improvement, but the
SECTION 00600
Page 3 of 4
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
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
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.
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
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 Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (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 Dubuque County, State of Iowa. If legal action is required by the Owner
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
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.
SECTION 00600
Page 4 of 4
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. 7102794
Witness our hands, in triplicate, this 19th day of
SURETY COUNTERSIGNED BY:
Not Required
Signature of Agent
Printed Name of Agent
Company Address
City, State, Zip Code
Company Telephone Number
PRINCIPAL.:
Temnerlev Fxcavatina Inc.
Contr ctor
Si nature
e Gs t=
Pnnted Name '
NOTE:
2021.
Title
FOR PROVED BY:
��.
Re esentative for Owner
SURETY:
Farmington Casualty Company
S;Sii�gnattureAttorn
mpany
B
in act Officer
Stacy L Venn, Attorney-in-Fact/Iowa Resident Agent
Printed Name of Attorney -in -Fact Officer
Holmes Murphy and Associates LLC
Company Name
2727 Grand Prairie Parkway
Company Address
Waukee IA 50263
City, State, Zip Code
(515) 223-6800
Company Telephone Number
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 =___
7RAVELERSJM
Farmington Casualty Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company (the "Company") is a corporation duly organized under the laws of the
State of Connecticut, and that the Company does hereby make, constitute and appoint SHIRLEY S BARTENHAGEN,
CYNTHIA G BENNETT, ANNE T CROWNER, BRIAN M DEIMERLY, JAY D FREIERMUTH, CRAIG E HANSEN, TIMOTHY J MCCULLOH,
STACY L VENN, SETH ROOKER, STACIE K CHRISTENSEN, and DIONE R YOUNG of WAUKEE, IOWA, its true and lawful Attorney
(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds,recognizances, conditional undertakings and other writings obligatory in the nature
thereof on behalf of the Company in its business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or
guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Company has caused this instrument to be signed, and its corporate seal to be hereto affixed, this 21st day of April, 2021.
oft'su&"
aq�
State of Connecticut:
By:
City of Hartford ss.
Robert 1-4eaney, Senior Vice President
On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of the
Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of
said Company by himself as a duly authorized officer.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2026
tus'io Anna P. Nowik, Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Board of Directors of the Company, which
resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and
Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign
with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of
a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and
revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation
is in writing and a copy thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant
Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by
one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more
Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power
of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate
bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such
facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is
attached.
I, Kevin E. Hughes, the undersigned, Assistant Secretary of the Company, do hereby certify that the above and foregoing is a true and correct copy of
the Power of Attorney executed by the Company, which remains in full force and effect.
Dated thisl9th day of July , 2021
c�su�1
qa' i�F''RYrra.
+
,�
Kevin E. I-lughes, Assistant Secretary
To verity the authenticity of this Power ofAttorney, please call us at f-800-421-3880 ,
Please refer to., the above -named Attorneys) -in -Fact and the details of the bond to which the power is attached.
SECTION 00775
Page 1 of 2
SITE CONDITION INFORMATION
SECTION 00775
250.1 SUBSURFACE CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following report(s)
and drawing(s) of explorations and tests of subsurface conditions at the Site:
1) Geotechnical Engineering Report prepared by N/A
Title:
Date:
Pages:
The technical data in the above report(s), upon which the Contractor may rely, consists
of boring logs, test results, and boring locations all as of the date made. Engineer
accepts no responsibility for accuracy of the soil data or water level information. Soil
information, included with these Contract Documents, was not obtained for the
purposes of designing excavations and trenches. Soil information was used by
Engineer for design purposes only. Contractor shall assure itself by personal
examination as to subsurface conditions and shall provide its own investigations and
make its own assumptions to comply with OSHA and any other applicable laws and
regulations regarding excavation and trenching requirements..
250.2 PHYSICAL CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following
drawing(s) of physical conditions in or relating to existing surface and subsurface structures
(except underground facilities) which are at or contiguous to the Site:
1) Drawings prepared by N/A
Title:
Date:
Pages:
2,) Sanborn Fire Insurance Map: N/A.
NONE OF THE CONTENT OF SUCH DRAWINGS INCLUDE TECHNICAL DATA ON
WHICH THE CONTRACTOR MAY RELY.
SECTION 00775
Page 2 of 2
250.3 HAZARDOUS ENVIRONMENTAL CONDITIONS
In the preparation of the Contract Documents, the Engineer relied upon the following reports(s)
known to the owner of hazardous environmental conditions at the Site:
1) Phase I Environmental Site Assessment Study prepared by N/A
Title:
Date:
2) Phase II Environmental Site Assessment Study prepared by __N/A
Title:
Date:
3) Soil and Groundwater Management Plan prepared by
Title:
Date:
The technical data in the above report(s), upon which the Contractor may rely, consists of test
results all as of the date made. Contractor must not remove, disturb or remediate any
Hazardous Environmental Conditions encountered, uncovered or revealed at the Project Area,
unless such removal or remediation is expressly identified in the Contract Documents to be
within the scope of work.
__= END OF SECTION 00775 _===
SECTION 00800
Page 1 of 2
CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY
SECTION 00800
800.1 SCHEDULE:
CALENDAR DAY SCHEDULE:
Work required by the Contract Documents shall commence within ten (10) calendar
days after Notice to Proceed has been issued and shall be Finally Complete by
October 29, 2021.
800.2 AGREED COSTS OF DELAY:
Time is of the essence of the Contract. As delay in the diligent prosecution of the work may
inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the
City such as engineering, administration, and inspection, it is important that the work be
prosecuted vigorously to final completion.
An extension of the contract period may be granted by the City for any of the following reasons:
1. Additional work resulting from a modification of the Contract Documents by approved
change order.
2. Delays caused by the City.
3. Other reasons beyond the control of the Contractor, which in the City's opinion, would
justify such.
Should the Contractor, or in case of default the Surety, fail to complete the work within the
specified Milestone(s), Substantial and Final Completion Dates, a deduction at the daily rate
for agreed costs of delay will be made for each and every calendar day or working day,
whichever is specified, such that the work remains uncompleted. The Contractor or the
Contractor's Surety shall be responsible for all costs incidental to the completion of the work,
and shall be required to pay the City the following daily costs:
For each calendar day that any work remains uncompleted beyond the Final
Completion date the contractor will be assessed and shall pay, $500 per calendar
day, not as a penalty but as predetermined and Agreed Cost of Delay until Final
Completion requirements are met.
Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration
of the Final Completion date or extension thereof shall in no way operate as a waiver on the
part of the City of any of its rights or remedies under the contract, including its right to Agreed
Cost of Delay pursuant to this provision. Furthermore, the assessment of Agreed Cost of
Delay shall not constitute a waiver of the City's right to collect any additional damages which
the City may sustain by failure of the Contractor to carry out the terms of the Contract.
SECTION 00800
Page 2 of 2
The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as
the true and actual damages due the City for loss to the City and to the public due to obstruction
of traffic, interference with business, and/or increased costs to the City such as engineering,
administration, construction, and inspection after the expiration of the contract times, or
extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and
final payment will be withheld from the Contractor until payment has been made of this invoice
for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of
delay in excess of the amount due the Contractor.
- END OF SECTION 00800 =-7==