Improvement Contract/Bond_Top Grade Excavating, Inc._Creek Wood Drive Storm Outlet Repair Copyrighted
J une 3, 2019
City of Dubuque Consent Items # 20.
ITEM TITLE: ImprovementContracts / Performance, Paymentand
Maintenance Bonds
SUMMARY: Drew Cook& Sons Excavating, Co. for the 2019 Asphalt
Overlay Ramp Project One; Giese Roofing Companyfor
the Historic Federal Building Roof Restoration Project;
Midwest Concrete, I nc. for the NW Arterial/Pennsylvania
Avenue Right-Turn Lane Project and the 2019 Asphalt
Overlay Ramp Project Two; Top Grade Excavating, Inc. for
the Creek Wood Drive Storm Outlet Repair; Tschiggfrie
Excavating for the Sanitary Manhole Reconstruction
Project 2019.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Drew Cook& Sons Contract and Bond Supporting Documentation
Giese Roofing Contract and Bond Supporting Documentation
Midwest Concrete Contract and Bond (NW Arterial) Supporting Documentation
Midwest Concrete Contract and Bond (2019 Asphalt Supporting Documentation
O�rlay Two)
Top Grade E�avating Contract and Bond Supporting Documentation
Tschiggfrie E�avating Contract and Bond Supporting Documentation
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City of Dubuque
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50. W. 13'h Street
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r Dubuque, IA 52001
(563) 589-4270
CITY OF DUBUQUE, IOWA
SHORT FORM
PUBLIG IMPROVEMENT CONTRACT
THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the
City of Dubuque, lowa (City), by its City Manager, through authority conferred upon the City
Manager by its City Council and
Top Grade Excavating, Inc. (Contractor) of the City of
(Contractor Name)
971 9th Avenue NW, Farley, lovva 52046
(Contractors Address-City and State)
PFZOJECT TITLE: Creekwood Drive Storm Outlet Repair
For and in consideration of the mutual covenants herein contained, the parties hereto agree as foilows:
CONTRACTOR AGREES:
_1. To furnish all material and equipment and to perForm all labor necessary for (the Project)�
Furnish and install all manhole sections, castings, rip rap, fabric, bedding stone, excavate and
re air the landsca e to an acce table condition. This includes approximatel 100' of rip rap
erosion protection downstream of the outlet, supply a drop manhole of approx. 20' of depth,
extend 20' of 30"ADS p�e between manholes and concrete collarpipe into both manholes
The work described above shall be completed at the following location(s):
Creekwood Drive between Lot 8 and Lot 9 in Timber-Hyrst Estates #2.
The Project shall be constructed to the meet the requirements as described in this Project Contract and
the 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 Contractjust as much as if the detailed statements thereof were repeated herein.
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2. Contract Documents shali mean and include 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 Generai 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) tlays 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 lowa
Code Chapter 573. The City shall also retain additional sums to protect itself against any claim that has
beer. fi!ed agains± it for damages to persons or property arising thro�!gh ths �rosecution 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 City of Dubuque Standard Specifications including
General Requirements 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 fuil compensation for the complete performance of this contract.
8. The Contractor shall fully complete the Project under this Contract on or before
July 1, 2019
(DATE)
9. INDEMNIFICATION FROM THIRD PARTYCLAIMS. To the fullest extent permitted by law, City shall
defend, indemnify and hold harmless Contractor, 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 Agreement, including but not limited to attorneys' fees, arising
out of or resulting from performance of this Agreement, 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 City, or anyone directly or indirectly employed by City or anyone for
whose acts City may be liable, 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 requirerrients of the City's Insurance Schedule for Artisan Contractors or
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 certain capital improvements pursuant to an est�blished schedule and to
comply with certain capital improvements pursuant to an established schedule and to comply with
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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 Qecree. The City expects its contractors to compiy 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.
THI� ClTY �GREES:
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$ 3H,�HO.00 '
THE MAXIMUM CONTRACT AMOUNT SHAI_L BE !IPAITFD 1'0 A�S !l�dGR�ASE OF �� % QF THE p,RQ�JE
I.ISTED ESTIMATED AMOIJNT.
Cl��l O� �1�UQU�, I�OVV� C�P1T'RA��'Q�:
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BY: `��_ , �' s,/�,1� � ? Top Grade Excavating, Inc.
Mic ael C. Van Milligen Date , Company N�me /�; �
City Manager �' �� 1; '
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REV. 10/I 1
The followin special conditions shall appl to this Pro'ect:
he attached bid and insurance certificate shall be a part of this praject.
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REV, pt/14
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