Signed Contract_CDB Utililty Contractors_Windsor & 22nd St. Intersection Signal Copyrighted
August 21, 2017
City of Dubuque Consent Items # 31.
ITEM TITLE: Signed Contracts
SUMMARY: CDB Utility Contractors Short Form Public Improvement
Contracts for Windsor Avenue and 22nd Street and the
Windsor Avenue and Rhomberg Avenue Intersections
Signalization Projects.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
CDB Utility - Windsor/22nd St. Short Form Contract Supporting Documentation
CDB Utility - Windsor/Rhomberg Aves. Short Form Supporting Documentation
Contract
't H E CITY OF
E City Dubuque
Engineering Dept.
5
50.W. 1311 Street
Masterpiece an the Mississippi Dubuque, iA 52001
(563)589-4270
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIC IMPROVEMENT CONTRACT
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the
City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and
bil-/Lll?p C?"7-00 (Contractor) of the City of
l l t (Contractor Mme)5'-T VEA
(Contractors Address - City and State)
PROJECT TITLE: WINDSOR & 22ND INTERSECTION SIGNALIZATION
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows: I
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for (the Project):
Six new traffic signal poles at the intersection of Windsor&22nd -
Bore 2" -7 way fiber future path from Bee Branch along east side of Rhomberg
Three 2' x 2' round traffic hand holes
One 44" x 36" traffic hand hole
One Traffic Cabinet
One Fiber Vault
The work described above shall be completed at the following location(s):
Boring along the east side of 22nd St. starting at the Bee Branch and continuing into the
Intersection of Windsor&22nd.
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.
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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 by the Contractor in the Project shall be the best of their several kinds and
shall be put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as defective or
improper, or any of said work condemned as unsuitable or defective, and the same shall be
replaced or done anew to the satisfaction of the City Manager at the cost and expense of the
Contractor.
5. Five percent (5%) of the Contract price may be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Manager to pay any claim
that may be filed within said time for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that time, as provided in 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 SURAS 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
August 21 st. 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,
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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
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.
12. The City of Dubuque in accordance with Title V1 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.
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$_32,898.00_
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 % OF
THE ABOVE LISTED ESTIMATED AMOUNT.
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CITY OF DIJ13QUE, IOWA CONTRACTOR:
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By: COAr-112AC71)P-S
Michael F Van Mill igen fDa&.1111, Company Mame
City Manager
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Signa r ,.... I9te
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Printed Name
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CONTRACTOR ACKNOWLEDGEMENT OF )
ATTACHED SPE I ITIONS:
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Printed Name
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The following special conditions shall appy to this Project:
All areas of work should be returned to same quality as or better than starting condition.
Sidewalk ramps will be reconstructed by a separate contractor..during this si nalization project.
Contractor must coordinate with the contractor of the 2017 Asphalt Overlay Ramp Pro'ect 3.
-Completion date may vary according to the schedule of the sidewalk construction,
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Page 5 of 7 REV. 01/16
I
EXHIBIT A
CONSENT DECREE
RELATING TO THE
CITY OF DUBUQUE, IOWA
WATER & RESOURCE RECOVERY CENTER
AND
SEWER COLLECTION SYSTEM
NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE
RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION
S'Y'STEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF DUBUQUE
ENGINEERING DEPARTMENT
The City of Dubuque, Iowa has entered into a Consent Decree in the case of The United States of America,
and the State of Iowa v. The Cit of Dubuque, Iowa, Civil Action No. Case 2:11-cv-01011-EMJ Civil City q i Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern h
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 can be found at
httD://www.citvofdubuaue.ora/DocumentCenter/Home8Liew/3173. A paper copy is available upon request
from the City of Dubuque Engineering Department.
The City must condition any contract to perform work required under the Consent Decree upon performance
of the work in conformity with the provisions of the Consent Decree,
The Consent Decree also provides that until five years after the termination of the Consent Decree, the City
shall retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all
documents, reports, data, records, or other information (including documents, records, or other information
in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its
contractors' or agents' possession or control, and that relate in any manner to the City's performance of its
obligations under this Consent Decree, including any underlying research and analytical data. This
information-retention requirement shall apply regardless of any contrary City, corporate or institutional
policies or procedures. At any time during this information-retention period, upon request by the United
States or the State, the City shall provide copies of any documents, reports, analytical data, or other
information required to be maintained under the Consent Decree. At the conclusion of the information-
retention period, the City shall notify the United States and the State at least ninety (90) Days prior to the
destruction of any documents, records, or other information subject to such requirements and, upon request
by the United States or the State, the City shall deliver any such documents, records, or other information to
the EPA or IDNR.
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Certification by Contractor or Consultant
The undersigned, on behalf of the Contractor or Consultant, with full authority to act on behalf of
the Contractor or Consultant, certifies to the City of Dubuque as follows:
1. 1 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 No. Case 2:11-cv-01 011-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.
Cj
The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers,
agents, or employees from and against any claims, including penalties, costs and fees as provided
in the Consent Decree, relating to or arising out of the Contractor's or Consultant's failure to
comply with the Consent Decree.
Contractor or Consultant: TIL-ITY (11ONTP-1-V--rnRZ
By2i2y�
Its: Y4
Date: 79, /-11 7,-.-,(-7
Return signed cooy to:
Denise Ihrig P.E.
Environmental Engineer
City Hall - Engineering Department
50 W 13th Street
Dubuque IA 52001
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