Improvement Contract_Drew Cook & Sons Excavating for Green Alley Repair - 2417 White StreetCity 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
Green Alley Repair — 2417 White Street
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 27th 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 Drew Cook &
Sons Excavating (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 Green
Alley Repair — 2417 White Street (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. The Iowa Statewide Urban Design And Specifications (SUDAS) 2021 Edition.
7. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
8. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
9. Special Provisions included in the project Contract Document Manual.
10.Insurance Provisions and Requirements (Section 00700).
11. Sales Tax Exemption Certificate (Section 00750).
12. Site Condition Information (Section 00775).
13. Construction Schedule and Agreed Cost of Delay (Section 00800).
14. Erosion Control Certificate (Section 00900).
15. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages 1 to 1 inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
16.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).
SECTION 00500
Page 2 of 6
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.
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
SECTION 00500
Page 3 of 6
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
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 ARE
APPLICABLE.
CITY CONTRACTOR
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 THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
SECTION 00500
Page 4 of 6
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 2008V00041, 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.org/DocumentCenter/HomeNiew/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 States or the State, the City must deliver any such documents, records, or other information to
the EPA or IDNR.
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 2:1 1-cv-01 01 1-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
SECTION 00500
Page 5 of 6
fees as provided in the Consent Decree, relating to or arising out of the Contractor's
failure to comply with the Consent Decree.
CONTRACTOR:
Contractor
By: N/A
Signature
Printed Name
Title
Date
SECTION 00500
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 $ 28,934.00
CITY OF DUBUQUE, IOWA:
City Manager's Office
D�elment
By:kz
414i�-
Sigrliature
Michael C. Van Milligen
Printed Name
City Manager
Title
08/11 /2021
Date
CONTRACTOR:
Drew Cook & Sons Excavating Co. Inc.
Contractor
1.
By:
ture
-����
Printed Name c
�) cc slcA -e0 L
Title
Date
= END OF SECTION 00500 ====
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 Terracon
Title: Subsurface and Laboratory Testing Green Alley Evaluation
Date: 6/30/2021
Pages: 1 - 12
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 City of Dubuque
Title:
Date:
Pages: 1 -
2) Sanborn Fire Insurance Map:
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 N/A
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 Substantially Complete by
August 15, 2021 and Finally Complete by August 15, 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 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:
A. For each calendar day that any work remains uncompleted beyond the Final
Completion date the contractor will be assessed and shall pay, $100._ per
calendar, 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 Substantial and Final Completion dates or Milestone Dates or extension
thereof shall in no way operate as a waiver on the part of the City of any of its rights or
SECTION 00800
Page 2 of 2
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.
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 =___
June 30, 2021
City of Dubuque
50 W 13th Street
Dubuque, Iowa 52001
Attn: Mr. Jon Dienst, P.E.
Re: Subsurface Exploration and Laboratory Testing
Green Alley Evaluation
East 25th Street to White Street
Dubuque, Iowa
Terracon Project No. 07205123
Dear Mr. Dienst:
Fe r r a qq n
GeoReport
Terracon Consultants, Inc. (Terracon) has completed the field exploration services for the above
referenced project. Our services were performed in general accordance with Terracon Proposal
No. P07205123 dated December 9, 2020. Subsequent to performing the requested hand auger,
Boring 2 (east of the alley) was eliminated from our scope of services. This report presents the
findings of the field exploration for the proposed project.
One hand augered boring extending to approximately 10 feet was performed at the approximate
location shown in Exploration Plan. A description of the field exploration and laboratory testing
services performed is provided in Exploration Procedures. The log for the hand auger is provided
in on kesults. General Notes and a summary of the Unified Soil Classification System
are provided in Supporting Inflon- iation.
We have not been asked to interpret the data or to make design and construction recommendations
for the project. Therefore, Terracon does not accept any responsibility or liability for interpretation
of this data by others.
We appreciate the opportunity to be of service to you on this project. If you have any questions
concerning this report, or if we may be of further service, please contact us.
Sincerely,
Terrace&q`Consultants, Inc.
�J
Garrett -,'Hagar
Field Engineer
Attachments
�. Sd`s P.E.
Geotechnical Department Manager
Terracon Consultants, Inc 870 401h Avenue Bettendorf. Iowa 52722
P (563) 355 0702 F (355) 355 4789 terracon.com
ATTACHMENTS
SITE LOCATION AND EXPLORATION PLAN
SITE LOCATION
Green Alley Evaluation, Dubuque, Iowa
June 30, 2021 Terracon Project No. 07205123
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IS FOR GENERAL LOCATION ONLY, AND IS NOT INTENDED FOR CONSTRUCTION PURPOSES
lr»erracon
GeoReporf
MAP PROVIDED BY MICROSOFT BING MAPS
EXPLORATION PLAN ��C!ff'7EQ�'t
Green Alley Evaluation - Dubuque, Iowa _
June 30, 2021 Terracon Project No. 07205123 GeoReporf
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MAP PROVIDED BY MICROSOFT BING MAPS
EXPLORATION RESULTS
BORING LOG NO. 1
Page 1 of 1
PROJECT: Green Alley Evaluation
CLIENT: City of Dubuque IA
Dubuque, IA
SITE: White Street
Dubuque, IA
o
LOCATION See-�;,�orauon Plar
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Latitude42.5168' Longitude:-90.6725'
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Approximate Surface Elev.. 612 (Ft.) +1-
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DEPTH ELEVATION Ft.
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VOID
30 609+/-
LIMESTONE
MCRUSHED
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4.0 608+1
FILL - CLAYEY SAND , trace crushed limestone, brown and dark brown
1
15.3
s.s 606s*1-
5
2
48.6
LEAN TO FAT CLAY (CLICH), trace organics, very dark gray
3
30.2
19.0
7.0 605+1-
FAT CLAY (CH), trace sand, gray and dark gray
4
26.4
5
25.6
603+1-
LEAN TO FAT CLAY (CL/CH), trace silt seams, gray and dark gray to gray and brown
10.0 602 i-
1
6
28.6
Boring Terminated at 10 Feet
Stratification lines are approximate. In -situ, the transition may be gradual.
Advancement Method:
Hand Auger
See : I Procedure:> for a
Notes:
description of field and laboratory procedures
used and additional data (If any).
See S_,rpomoo Infoima!icrr for explanation of
symbols and abbreviations.
Abandonment Method:
Boring backfilled with auger cuttings upon completion.
Elevation was estimated from IDNR LiDAR Data
WATER LEVEL OBSERVATIONS
Boring Started: 05-20-2021
Boring Completed: 05-20-2021
None observed while drilling
1rerraconNone
Drill Rig:
Driller: DW
observed after drilling
870 40th Ave
Bettendorf, IA
Project No.: 07205123
EXPLORATION AND TESTING PROCEDURES
Subsurface Exploration Services Report 1 rerraeon
Green Alley Evaluation Dubuque, Iowa
June 30, 2021 x Terracon Project No. 07205123 GeoReport
EXPLORATION PROCEDURES
Field Exploration
City of Dubuque (City) selected the number of borings, their locations, and depths. The borings
extended to the following depths.
Boring No Boring Depth (feet) 2
10 feet
1. Boring 2 was cancelled by the City prior to our mobilization for the boring.
2. Below ground surface
Location
See Exploration Plan
Boring Layout and Elevations: Based on our conversation, the hand auger was performed
inside an existing cleanout manhole. Terracon personnel determined the approximate latitude
and longitude values for the cleanout using a handheld GPS device. The approximate ground
surface elevation was obtained using IDNR LiDAR data. The boring location and elevation should
be considered accurate only to the degree implied by the means and methods used for these
measurements.
Subsurface Exploration Procedures: Boring 1 was advanced by a field technician using a hand
auger. Disturbed samples were obtained from the auger cuttings at approximate intervals of 2'/z
feet. Upon completion, the boring was backfilled filled with hand auger cuttings.
Terracon's exploration team prepared a field log as part of standard drilling operations, and this
log include sampling depths, penetration distances, and other relevant sampling information. The
field log also includes visual classifications of materials encountered during hand augering. Boring
logs included in our report were prepared from the field logs, represent the project engineer's
interpretation, and include modifications based on observations and laboratory tests.
Laboratory Testing
Laboratory testing of the samples included natural water contents. The soil descriptions presented
on the boring logs are in accordance with the General Notes and Unified Soil Classification
System (USCS) included in Supporting Information. The estimated USCS group symbols are
shown on the boring logs, and a brief description of the USCS is included in Supporting
Information.
Responsive a Resourceful m Reliable EXPLORATION PROCEDURES 1 of 1
SUPPORTING INFORMATION
GENERAL NOTES
DESCRIPTION OF SYMBOLS AND ABBREVIATIONS
SAMPLING WATER LEVEL
i
Water Initially
Encountered
Grab �_ Water Level After a
Sample Specified Period of Time
Water Level After
a Specified Period of Time
Cave In
Encountered
Water levels indicated on the soil boring logs are
the levels measured in the borehole at the times
indicated. Groundwater level variations will occur
over time. In low permeability soils, accurate
determination of groundwater levels is not
possible with short term water level
observations.
1 rerracon
GeoReport
FIELD TESTS
N Standard Penetration Test
Resistance (Blows/Ft.)
(HP) Hand Penetrometer
(T) Torvane
(DCP) Dynamic Cone Penetrometer
UC Unconfined Compressive
Strength
(PID) Photo -Ionization Detector
(OVA) Organic Vapor Analyzer
DESCRIPTIVE SOIL CLASSIFICATION l
Soil classification as noted on the soil boring logs is based Unified Soil Classification System. Where sufficient laboratory
data exist to classify the soils consistent with ASTM D2487 "Classification of Soils for Engineering Purposes" this
procedure is used. ASTM D2488 "Description and Identification of Soils (Visual -Manual Procedure)" is also used to
classify the soils, particularly where insufficient laboratory data exist to classify the soils in accordance with ASTM D2487.
In addition to USCS classification, coarse grained soils are classified on the basis of their in -place relative density, and
fine-grained soils are classified on the basis of their consistency. See "Strength Terms" table below for details. The ASTM
standards noted above are for reference to methodology in general. In some cases, variations to methods are applied as a
result of local practice or professional judgment.
LOCATION AND ELEVATION NOTES
Exploration point locations as shown on the Exploration Plan and as noted on the soil boring logs in the form of Latitude
and Longitude are approximate. See Exploration and Testing Procedures in the report for the methods used to locate the
exploration points for this project. Surface elevation data annotated with +/- indicates that no actual topographical survey
was conducted to confirm the surface elevation. Instead, the surface elevation was approximately determined from
topographic maps of the area.
STRENGTH
TERMS
RELATIVE DENSITY
OF COARSE -GRAINED SOILS
CONSISTENCY OF FINE-GRAINED SOILS
(More than 50%
retained on No. 200 sieve.)
(50% or more passing the No. 200 sieve.)
Density determined by
Standard Penetration Resistance
Consistency determined by laboratory shear strength testing: field
visual -manual
procedures or standard penetration resistance
Descriptive Term
Standard Penetration or
Descriptive Term Unconfined Compressive Strength Standard Penetration or
(Density)
N-Value
(Consistency) Qu, (tsf)
N-Value
Blows/Ft.
BlowslFt.
Very Loose
0-3
Very Soft
less than 0.25
0-1
Loose
4-9
Soft
0.25 to 0.50
2-4
Medium Dense
10 - 29
Medium Stiff
0.50 to 1.00
4-8
Dense
30 - 50
Stiff
1.00 to 2.00
8 -15
Very Dense
> 50
Very Stiff
2.00 to 4.00
15 - 30
Hard
> 4.00
> 30
RELEVANCE OF 501E BORING LOG
The soil boring logs contained within this document are intended for application to the project as described in this
document. Use of these soil boring logs for any other purpose may not be appropriate.
UNIFIED SOIL CLASSIFICATION SYSTEM
1rerrecon
GeoReport
Soil Classification
Criteria for Assigning
Group Symbols and Group Names
Using Laboratory Tests Group
Symbol
Group Name
Clean Gravels:
Cu >_ 4 and 1 5 Cc < 3 GW J
Well -graded gravel
Gravels: ° Less than 5% fines c
More than 50% of
Cu < 4 and/or Cc<1 or Cc>3.0 E GP
[ l
Poorly F
y graded gravel
L
coarse fraction
retained on No. 4 sieve I Gravels with Fines:
Fines classify as ML or MH GM
Y
Silt ravel F, �, H
Coarse -Grained Soils:
More than 12% fines
Fines classify as CL or CH GC
Clayey gravel F, G. H
More than 50% retained
-
on No. 200 sieve
Clean Sands:
Cu >_ 6 and 1 5 Cc15 3 E SW
Well raded sand
Sands: Less than 5% fines o
50% or more of coarse
Cu < 6 and/or [Cc<1 or Cc>3.0] E SP
Poorly graded sand I
fraction passes No. 4 Sands with Fines:
i Fines classify as ML or MH SM
j Silty sand G H,
sieve
More than 12% fines o
Fines classify as CL or CH SC
i
Clayey sand G. H.
PI > 7 and plots on or above "A"
CL
I Lean clay K. u, M
Inorganic:
ML
Silt K, L, M
Silts and Clays:
PI < 4 or plots below "A" line J
Liquid limit less than 50
Organic:
Liquid limit - oven dried
rganic clay K, L, M, N
Fine Grained Soils:
or more passes the
Liquid limit -not dried
�_
< 0.75
OL
�OTanic
silt K, �, M, o50%
No. 200 sieve
Inorganic:
j PI plots on or above "A- line
CH
I Fat clay K. L. M
MH
Elastic Silt K, L, M
Silts and Clays:
PI plots below "A" line
Liquid limit 50 or more
Organic:
9
Liquid limit - oven dried
OrOrganic clay K, L, M, P
Liquid limit - not dried
< 0.75
OH
anic silt K. L, M, a
Highly organic soils:
Primarily organic matter, dark in color, and organic odor
PT
I Peat
A Based on the material passing the 3-inch (75-mm) sieve.
H If fines are organic, add 'with organic fines" to group name.
B If field sample contained cobbles or boulders, or both, add "with cobbles
If soil contains >_ 15% gravel, add "with gravel' to group name.
or boulders, or both" to group name.
If Atterberg limits plot in shaded area, soil is a CL-ML, silty clay.
c Gravels with 5 to 12% fines require dual symbols: GW-GM well -graded
K If sal contains 15 to 29% plus No. 200, add "with sand" or "with
gravel with silt, GW-GC well -graded gravel with clay, GP -GM poorly
gravel; whichever is predominant.
graded gravel with silt, GP -GC poorly graded gravel with clay.
°Sands with 5 to 12% fines require dual symbols: SW-SM well -graded
If soil contains >_ 30%plus No. 200 predominantly
sand, add
sand with silt, SW -SC well -graded sand with clay, SP-SM poorly graded
"sandy" to group name.
sand with silt, SP-SC poorly graded sand with clay.
MY soil contains >_ 30% plus No. 200, predominantly gravel, add
z
"gravelly" to group name.
(D30
N PI >_ 4 and plots on or above "A" line.
E Cu = D6a/Dia Cc =
D10 x D60
I oPl < 4 or plots below "A" line.
P PI plots on or above "A" line.
F If soil contains ? 15% sand, add "with sand" to group name.
oPl plots below "A" line.
Glf fines classify as CL-ML, use dual symbol GC -GM, or SC-SM.
5o
I
I
W 40 r
Z
30
U
20
IL
10`
7-
0
0
For classification of fine-grained
soils and fine-grained fraction
of coarse -grained soils
Equation of "A" - line u Y
Horizontal at PI=4 to LL=25.5.
then PI=0.73 (LL-20)
Equation of "U" - line
Vertical at LL=16 to PI=7,
then PI=0.9 (LL-8)
10 16 20 30 40 50 60 70 80 90 100 11a
LIQUID LIMIT
Responsive ea Resourceful n Reliable
Drew Cook & Son's Excavating, Inc.
Estimate
10782 Timber Ridge St
Dubuque, Iowa 52001
563-582-9292
I Name / Address I
MIKE FELDERMAN
2380 SAMANTHA DR.
DUBUQUE, IOWA
52002
Date
Estimate #
6/22/2021
74
Project
Description
Qty
Cost
Total
2417 WHITE STREET
Water Proof single wall 60'
Water Proof single wall 60'
l
28,934.00
28,934.00
Estimate cost to excavate along wall along alley on North side of
building.
Cost includes excavation, haul away spoils, 6' deep along wall,
remove concrete, remove 2' alley band.
Remove bricks, install 40 mit liner along building foundation wall,
compact fill in excavation.
Install 3" clean stone under alley, install V clean stone, install 1/2"
chips,
Repour concrete, repour concrete T band,
Install brick pavers, repour concrete along building wall.
DOWN PAYMENT OF $12,500.00 TO START THE PROJECT..
Thank you for your business.
Total
$28,934.00
Customer Signature
SECTION 00600
Page 1 of 4
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we,Drew Cook and Sons Excavating, as Principal (hereinafter the "Contractor" or
"Principal") and IMI Insurance 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 Twenty
eight thousand, nine hundred thirty-four dollars and zero cents ($28,934.00), 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 Owner, bearing date the 27th 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 Green Alley Repair — 2417 White Street
Project detail the following described improvements:
This project will waterproof the foundation of 2417 White Street along the green
alley. The existing green alley will be partially removed and replaced to
accommodate the waterproofing of the foundation of 2417 White Street to a depth
of the footings.
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 the portion of the
SECTION 00600
Page 2 of 4
contract price the Owner is required to retain until completion of the improvement, but the
Contractor and Surety shall not be liable to said persons, firms, or corporations unless the
claims of said claimants against said portion of the contract price shall have been
established as provided by law. 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 Documents within the period of two (2) year(s) from the
date of acceptance of the work under the Contract, by reason of defects in
workmanship, equipment installed, or materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any
defects are remedied, and to repay the Owner all outlay and expense incurred as a
result of Contractor's and Surety's failure to remedy any defect as required by this
section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
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 authorized in approved change
orders to the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents,
authorized in approved change orders 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 twenty percent (20%) of the total contract
price, and that this Bond shall then be released as to such excess increase;
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.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
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.
SECTION 00600
Page 3 of 4
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.
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. 3002142
Witness our hands, in triplicate, this 6th
SURETY C EGNED BY:
!Fe —of Agent
John E. Goodmann
Printed Name of Agent
2774 University Ave
Company Address
Dubuque IA 52001
City, State, Zip Code
563-556-3232
Company Telephone Number
SECTION 00600
Page 4 of 4
day of August 2021.
PRINCIPAL:
ontractor ()
By: (b v
.Si r
Printe ame
V1 (r- Rp s irAy nL
Title -
NOTE:
F0 . APPROVED BY:
Repre entative for Owner
SURETY:
IMT Insur
Surety Cornpay
Atto
--d—o hn E Goodmann
Printed Name of Attorney -in -Fact Officer
IMT Insurance Company
Company Name
P 0 Box 1336
Company Address
Des Moines IA 50306
City, State, Zip Code
800-274-3531
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 =___
IMT INSURANCE
POWER OF ATTORNEY No. A 0 6 2 6
Notice: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
Know All Persons By These Presents, that IMT Insurance Company a corporation duly organized under the laws of the State of Iowa, and having
its principal office in the City of West Des Moines, County of Dallas, State of Iowa, hath made, constituted and appointed, and does by these
presents make, constitute and appoint
John E. Goodmann and Barton P. Brown
of and State of Iowa its true and lawful Attorney -in -Fact, with full power and
� v�cr
authority frere7c7M, rred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any and all bonds, under-
takings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the
amount of:
Three Million and No/100 ($3,000,000.00) Dollars
and to bind IMT Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized
officers of IMT Insurance Company, and all such acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of IMT Insurance Company on December 18, 1998.
ARTICLE VIII, SECTION 4. - The President or any Vice President or Secretary shall have the authority to appoint Attorneys In Fact and
to authorize them to execute on behalf of the Company, and attach thereto the Corporate Seal, bonds, undertakings, recognizances, con-
tracts of indemnity or other obligatory writings, excluding insurance policies and endorsements.
ARTICLE VIII, SECTION 5. - The signature of any authorized officer and the Corporate Seal may be affixed by facsimile to any Power
of Attorney authorizing the execution and delivery of any of the instruments described in Article VIII, Section 4 of the By -Laws. Such
facsimile signature and seal shall have the same force and effect as though manually affixed.
In Witness Whereof, IMT Insurance Company has caused these presents to be signed by its President and its corporate seal to
be hereto affixed, this $th day of Jana > 2021
IMT I surance gompany
Sean Kennedy, President
WARNING: THIS POWER IS INVALID IF NOT PRINTED WITH RED BORDER AND RED LOGO.
STATE OF IOWA ss:
COUNTY OF DALLAS
On this $th day of Jun® 2()21 , before me appeared Sean Kennedy, to me personally known,
who being by me duly sworn did say that he is President of the IMT Insurance Company, the corporation described in the foregoing instrument,
and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in
behalf of said Corporation by authority of its Board of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of West Des Moines, Iowa, the day and year
first above written.
_01
1 cTAINT M SODA -GOOD �a
i e • commission Number 816649 ,
My C miss n Expires
imp �L 2 Notary Public, Dallas County, Iowa
CERTIFICATE
I, Brad Buchanan, Secretary of the IMT Insurance Company do hereby certify that the above and foregoing is a true and correct copy of
the POWER -OF -ATTORNEY, executed by said the IMT Insurance Company, which is still in force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the Seal of the Company on 6th day of
August , 2021
i Bw,4&,w-tip
Brad Buchanan, Secretary
SY 06 06 (11/20)