Improvement Contract-Bond_Commercial Flooring_GRC Admin Offices Carpeting Copyrighted
May 1, 2017
City of Dubuque Consent Items # 17.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Portzen Construction, Inc. for the SRF Green Alley Bid Set
4-Year 3 Project; Commercial Flooring for the Grand River
Center Administrative Offices Carpet Replacement Project.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Portzen Construction, Inc. Improvement Contract/Bond Supporting Documentation
Commerical Flooring Improvement Contract Supporting Documentation
THE CITY OF TE
Dubuque
D -AmedcaC'
.--
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: GRC Administrative Office Carpet Replacement Project, CIP 102-2113
DATE: April 26, 2017
INTRODUCTION
The purpose of this memo is to request your signature on the short form contract for the
GRC Administrative Office Carpet Replacement Project contracts.
I�
DISCUSSION
Bids were received for the project from Floor Show Companies and Commercial
Flooring. Floor Show Companies was deemed a non-responsive bid as their bid did not
include moving the furniture which was required as a part of the bid. Commercial
Flooring's bid was $31,480 which was within the project budget of$43,659.
ACTION REQUESTED
i
1 respectfully request your signature on the attached three copies of contract.
MLW:et
attachments
I
I
1
THE MY OF
City of Dubuque
Leisure Services Department"Ur -rB E
2200 Bunker Hill Road
Masterpiece on the Mississippi Dubuque, IA 52001-3010
(563) 589-42632
CITY OF DUBUQUE, IOWA
SHORT FORM h
PUBLIC IMPROVEMENT CONTRACT I
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the
City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and
Commercial Flooring Company (Contractor) of the City of
(Contractor Name)
10426 Stonewood Drive, Dubuque, IA 52003
(Contractors Address - City and State)
PROJECT TITLE: GRAND RIVER CENTER ADMINISTRATIVE OFFICECARPET REPLACEMENT
I�
'i
�j
For and in consideration of the mutual covenants herein contained, the parties hereto agree as l
follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the Project):
p rY ( �j
Replacement of carpet and vinyl base in the administrative office area, business center,
administrative office breakroom, LVT and vinyl base behind first floor concourse
reception desk and employee breakroom back of exhibit hall.
The work described above shall be completed at the following location(s):
Grand River Center
The Project shall be constructed to the meet the requirements as described in this Public
Improvement Contract and the attached special conditions; in strict accordance with the
requirements of the laws of the State of Iowa 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 5
2. Contract Documents means and includes 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 b the Contractor in the Project shall be the best of their several kinds and
Y J
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 Iowa 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 — Divisions 1 thru 11 (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
April 28, 2017
(DATE)
9. INDEMNIFICATION FROM THIRD PARTYCLAIMS. 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,
Page 2 of 5
regardless of whether or not such claim, damage, loss or expense is caused in part by a party
indemnified hereunder.
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 I
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, State of Iowa 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. Not applicable for it
this project.
i
12. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 j
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 1
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.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City
Manager, the City agrees to pay the Contractor as full compensation for the complete performance
of this Contract, the amount determined for the total number of units completed at the unit prices
stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract
Documents. The number of units stated in the contract, special conditions and contractors
proposal is approximate only and the final payment shall be made by the work covered by the
Contract.
CONTRACT ESTIMATED AMOUNT $ 31,480.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF %
OF THE ABOVE LISTED ESTIMATED AMOUNT.
I
Page 3 of 5
CITY OF D BUQUE, IOWA ONTRACTOR:
BY: Jid-1
�
Michael C. Van Milligen e 'Company Name
City Manager
By: G sem- q1j6 )
Signature Date
Printed Name
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS: I{{
i
By:
Signature Date
Printed Name g
Title
Page 4 of 5
The following special conditions shall apply to this Project:
i
3
1
I
I
I�{
{I
!I
A
REV. 01/16
Page 5 of 5
R