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Contract/Bond_S&S Builders_Stump/Sidewalk Removal and Repair Copyrighted July 2, 2018 City of Dubuque Consent Items # 26. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Drew Cook& Son Excavating Co., Inc. for the Cummins Street Retaining Wall Reconstruction Project; Eastern lowa Excavating & Concrete, LLC for the HMA Milling and Resurfacing Project US52 White and 11 th St.; Langman Construction, Inc., for the 17th Street Storm Sewer Improvements Elm St. to Heeb St. Project; Reuter Mechanical, Inc. (dba East lowa Construction)for the 2018 Asphalt Overlay Ramp Project Four; S&S Builders for the Stump and Sidewalk Removal and Repair Project; Top Grade Excavating Inc. for the 30-Inch Sanitary Sewer Force Main Relocation Phase I I I Washington St. (7th St. to 9th St.). SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Drew Cook& Sons Contract-Bond Supporting Documentation Eastern lowa Excavating & Concrete Contract-Bond Supporting Documentation Langman Construction Contract-Bond Supporting Documentation Reuter Mechanical, Inc. (Eastern IAConst.) Contract- Supporting Documentation Bond S&S Builders Contract-Bond Supporting Documentation Top Grade Excavating Contract-Bond Supporting Documentation � � � i . . I I�'LI��1�U�' Engmeermg Department THE CITY C�F' S0 W. 13 Street i ai1•Aiae�i�aCifij Dubuque,IA 5200] m � �� r`� ��, Office(563)589-4270 �� m Fax(563)589-4205 TTY(563)690-6678 � 2�17C�'1".��1�� engineer@cityofdubuque.org � .l�t�'�fE'Y�3�.C'GL'. C.�'1'l �'�'IC' .�ZSSZSSI�"�71 20��•��t�;� www.cityofdubuque,org I SHORT FORM � PUBLIC IMPROVEMENT CONTRACT �� t j THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the City of i1 Dubuque, lowa (City), by its City Manager, through authority conferred upon the City Manag�r by il� its City Council and ;a s&s Buiiders (Contractor) of the City of ,a (Contractor Name) � Dubuque lowa • � (Contractors Address-City and State) I, l il {� PROJECT TITLE: STUMP AND SIDEWALK REMOVAL AND REPAIR �; For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: I� CONTRACTOR AGREES: ';j u 1. To furnish all material and equipment and to perform all labor necessary for Sidewalk '� �i Removal and Replacement : i� Removal of sidewalk in coordination with City of Dubuque Parks Department for removal u of stumps, replacement of sidewalk, backfill, topsoil to proper grade, and seeding after �� completion of stump grinding operation. `� �. The work described above shall be completed at the following location(s); � • 315 Blufif Street (6.7 sy) �� • 380 East 14t" Street (8.33 sy) li • 1201 Garfield Avenue (5.33 sy) �� • 2204 Rhomberg Avenue (7.11 sy) i, • 2208 Rhomberg Avenue (7.11 sy) � • 2742 V\/ashington Street (tree will be saved replace current sidewalk) (9.33 sy) • 2929 Elm Street (6.67 sy) • 2805 Elm Street (8.89 sy) • 2890 Davenport Street (7.11 sy) • 2730 Cottonwood Court (5.11 sy) • 1605 West Ridge (5.33 sy) • 1723 Richie Drive (5.67 sy) • 1726 Sharon Drive (5.56 sy) • 1720 Vizaleea Street (3.56 sy) • 2315 Graham Circle (7,11 sy) • 2197 Key Way (7.11 sy) • 2229 Southway Street (7.56 sy) • 2044 Clifford Street (3.56 sy) � • 1845 Carter Road (4.22 sy) � Page 1 of 7 � � � s , � • 605 South Grandview (5.56 sy) � • 900 South Grandview Avenue (5.33 sy) � • 1276 South Grandview Avenue (2 locations) (14.22 sy) � • 933 Tressa Street (4' X 14') � � • 922 Mount Loretta Avenue (5.33 sy) � • 719 Rose Street (7.11 sy) � �; • 728 Wilson Street (8 sy) � ;� The Project shall be constructed to the meet the requirements as described in this Project Contract and the i� attached special conditions; in strict accordance with the requirements of the laws of the State of lowa ,{ 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 I! Contract just as much as if the detailed statements thereof were repeated herein. �� 2. Contract Documents shall mean and include the following: This Improvement Gontract; all II� ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the j Contractor's Proposal; and the conditions described in the Contract, including any Special Conditions, Plans Ni and Specifications and General Requirements as adopted by the City Council for the Project. Y 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. I� 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. I� �I 5. Five percent (5%) of the Contract price may be retained by the City for a period of thirty (30) days after I final completion and acceptance of the Project by the City Manager to pay any claim fhat 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 lowa Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has been filed against it far damages to persons or property arising through the prasecution of the work and such sums shall be held by the City until such claims have been settled, adjudicated or atherwise disposed of. a � 6. The Contractor has read and understands the SUDAS Standard Specifications (Current Edition) including but nof limited to Division 1: General Provisions and Covenants and the City of Dubuque Supplemental � Specifications — Division 1 (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 cammence 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 November 30, 2018 . (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 � Page 2 of 7 � � „ � � 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 fi Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in , part by a party indemnified hereunder. � i 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. � fj �; ;: 11. The City of Dubuque, State of lowa and Department of Justice have entered into a Consent Decree ji requiring the City to complete certain capital improvements pursuant to an established schedule and to I comply with certain capital improvements pursuant to an established schedule and to comply with certain ;J reporting and recordkeeping requirements. One of the terms of the Consent Order is for the City to advise j 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 I' Contractor shall execute and return to the City Exhibit A that is attached to this Contract. � ,! �; �; I; �'. �j J '� �� { I N� I� I7 W � 1 � i Page 3 of 7 �' i i 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 t 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. ; `s CONTRACT ESTIMATED AMOUNT$1�,a52.00 '; � r THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 15% OF THE ABOVE + LISTED ESTIMATED AMOUNT. � �. CITY OF DUB E, IOWA CONTRACTOR: � � By: �� S&S Builders � Michael . Van Milligen Da e Company Name City Manager ` By. �� t��i.� � Signature Date ��'t,�,� ��1..��' � �. � Printed Name ' �'�"/lA��.�` i Title i � r i ,: CONTRACTOR ACKNOWLEDGEMENT OF � ATTACHED SPECIAL CONDITIONS: ; By: �'`��-�.�...�- �t-r� �Signature Date � ��i��V�� , E Printed Name �� Title REV. O1/15 Page 4 of 7 � � 9 � � . i � 9 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 extenfi caused in whole or in part by negligent acts or I� omissions of Contractor,or anyone_directly or indirectly employed by Gontractor or anyone for whose acts Contractor may beJiable, regardiess 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 i1 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 j General Contractors: � � 11. The City of Dubuque, State of lowa and Department of Justice have entered into a Consent Decree ' requiring the City to complete cerkain capital improvements pursuant to an established schedule and to � comply with certam capital improvements pursuant to an established schedule and to comply with certain �{ reparting and r�cordkeeping requirements. One o#the terms of the Consent Order is for the City to advise f! contractors whose duties might reasonably include compliance with any provision of the Consent Decree i 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. 'h i� ii �I� IIj �;;. �; il iI 'I ti � � � � il i � � � � � � ;� �' � a � Page3of7 � � � The followin special conditions shall appl to this Pro'ect: � This project is for removal and replacement, per the warranty offered by the City of Dubuque for � sidewalks altered to preserve the life of the tree while offering safe passage free of trip S hazards in the pedestrian walkway. The contractor shall coordinate sidewalk / stump removals with City of Dubuque Parks Department: Tom Kramer, City Forester 563-589- 1 4298. This project will require multiple visits to each site, coordinating with the Forester will ; aid in minimizing those numbers. All marking of removal areas and payment will be �I erformed b the En ineerin De artment. � 1 �i Sidewalks shall be removed and hauled awa rior to stum rindin . � Cit of Dubu ue Parks De� artment will erform stum removals. � Establish solid base for sidewalk after stum is removed. � �i All sidewalk to be inned to existin sidewalk. � Establish 4" of to soil backfill and seedin for backfill after sidewalk is oured. � �� All ranular subbase 12a to be com acted; a co of all load tickets to be iven to the ins ector. �, �� Contractor res onsible for barricadin all sidewalk removals. '' i; Pa ment for sidewalk re lacement will be calculated in s uare ards. ' �' A roximatel 172 s uare ards of sidewalk removal and re lacement calculated. 'I; Bids to be submitted to the Office of the Cit Clerk, b 2:00 m Ma 24, 2018 �� „ ii � REV. 10/11 ! I �;' � �� ; R �' � 6 s` k � � � f �' Page 5 of 7 � � � � � N� F ti a , y i ,7 EXHIBIT A �' , � ; CONSENT DECREE �� RELATING TO THE � CITY OF DUBUQUE, IOWA i WATER & RESOURCE RECOVERY CENTER ` AND '� SEWER COLLECTION SYSTEM �' 'R � NO CONTRACTOR OR CONSULTANT MAY PERFORM ANY WORK FOR THE CITY OF DUBUQUE �� RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SEWER CONNECTION ' SYSTEM UNLESS A SIGNED COPY OF THIS DOCUMENT IS RETURNED TO THE CITY OF � 6lJBlJRIJ� �NGIiV��RIiVG ��PAR I fi�EiV� I� The City of Dubuque, lowa has entered into a Consent Decree in the case of The United States of America, j; and the State of lowa v.The City of Dubuque, lowa, Civil Action No. Case 2;11-cv-01011-EMJ, Civil Action i Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern ;i; District of lowa. 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 i� corporations under contract with the City to perform the obligations of the Consent Decree. �, '�,I The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to I, perform work required by the Consent Decree. ' � �i A copy of the Consent Decree can be found at i; httq://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A paper copy is available upon � request from the City of Dubuque Engineering Department. + � N The City must condition any contract to perform work required under the Consent Decree upon performance � I of the work in conformity with the provisions of the Consent Decree. i� r 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 I documents, reports, data, records,or other infiormation (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. � � � � � , Page 6 of? � 1 � ;; �� p 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. I have received a copy of the Consent Decree in the case of The United States of America, and � the State of lowa v. The City of Dubuque, lowa, Civil Action No. Case 2:11-cv-01011-EMJ, Civil � Action Number2008V00041, DOJ Case Number90-5-1-1-09339, United States DistrictCourtfor ' the Northern District of lowa. i b ; 2. All work performed will be in conformity with the p�rovisions of the Consent Decree. � i � 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�he Consent Decree. � The Contractor or Consultant agrees to defend, indemnify, and hold harmless the City, its officers, !i 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 i failure to comply with the Consent Decree. `'� ii �� Contractor or Consultant: �� i�c�d--� � By:� l�y �� I, Its � Date: �p�-��'�,� � � Return siqned copy to: 6eron fVluehring � Civil Engineer City Hall - Engineering Department , 50 W 13th Street Dubuque IA 52001 � Page 7 of 7 � � a