Improvement Contrac/Bond_John C. Kaiser Co_Grand River Center 1st Floor Concourse Painting Copyrighted
July 5, 2017
City of Dubuque Consent Items # 28.
ITEM TITLE: Improvement Contracts / Performance, Payment and
Maintenance Bonds
SUMMARY: Insituform Technologies USA, LLC for the 2107 (CIPP)
Sanitary Sewer Lining Project; John C. Kaiser Company for
the Grand River Center First Floor Concourse Painting
Project; Tschiggfrie Excavating, Inc. for the Timber
Ridge/Rustic Point Water Main Extension 2017 Project;
Volkens Excavating, Inc. for the Hwy 20 Conduit Project-
Wacker Drive to Hill Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Instituform Technologies Contract/Bond Supporting Documentation
John C. Kaiser Vendor Service Agreement Supporting Documentation
Tschiggfrie E)r-avating, Inc. Contract/Bond Supporting Documentation
Volkens E)r-avating, Inc. Contract/Bond Supporting Documentation
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THE CITY OF ���D'lr T Cit of Dubuque
UBLeisure Services Department
2200 Bunker Hill Road
Master-piece on the Mississippi Dubuque, IA 52001
(563) 589-4263
(563) 589-4391 FAX
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (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 John C. Kaiser Company (Vendor) of the City, of PO Box 935, Dubuque,
Iowa 52004-0935.
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PROJECT TITLE: GRAND RIVER CENTER FIRST FLOOR CONCOURSE PAINTING PROJECT
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
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CONTRACTOR AGREES:
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1. To furnish all material and equipment and to perform all labor necessary for the Project): h
First Floor Concourse Painting Project
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The work described above shall be completed at the following location(s):
Grand River Center
The Project shall be completed in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the
City of Dubuque, and in accordance with the Request For Proposal (RFP) 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.
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2. Contract Documents shall mean and include the following: This Contract; all ordinances and
resolutions heretofore adopted by the City Council having to do with the Project; the Vendor's
Proposal; and 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 of the quality required by the
Contract Documents and shall be put in place in accordance with the Contract Documents.
4. The Vendor 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 Vendor.
5. Five percent (5%) of the Contract price shall 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 it
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 Contract Documents 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.
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7. The Contractor shall fully complete the Project under this Contract on or before Jef -tt 2017.
8. 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 maybe liable,
regardless of whether or not such claim, damage, loss or expense is caused in part by a party
indemnified hereunder.
9. 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.
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10. The Vendor agrees that no work under this Contract shall commence on the Project until the
City has issued a written "Notice to Proceed" to the Vendor. Any work started by the Vendor
prior the issuance of the Notice to Proceed shall be considered unauthorized and done at the I
sole risk to the Vendor.
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 i
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.
THE CITY AGREES:
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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 work completed at the prices stated in the
Vendor's Proposal and less any liquidated damages provided for in the Contract Documents. The
work as stated in the Contract Documents is approximate only, and the final payment shall be
made for the actual work completed as covered by the Contract.
CONTRACT ESTIMATED AMOUNT$ 26,920.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 5% OF THE ABOVE LISTED
ESTIMATED AMOUNT.
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CITY OF I� BUQUE, IOWA VENDOR:
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Be
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Michael C. Van Milligen Date ompany P4 e
City Manager
By: 9 _
S' na u Date
Printed Name I
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Title
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VENDOR ACKNOWLEDGEMENT OF a
ATTACHED SPECIAL,CONDITION$:
By: Ap-/k(,�4
ig ature ' Date a
Printed Name
(AJID i
Title
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The following special conditions shall apply to this Project:
WORK WITH GRAND RIVER CENTER MANAGEMENT ON AVAILABILITY OF THE FACILITY
FOR PAINTING TO WORK WITH AND AROUND CURRENT SCHEDULED EVENTS AS
OUTLINED IN PROPOSAL.
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REV. 01/16
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