Improvement Contracts / Performance, Payment and Maintenance_Eagle Point Park Bridge Pavilion Roof Replacement ProjectCity of Dubuque
City Council Meeting
Consent Items # 11.
Copyrighted
May 3, 2021
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUMMARY: 2021 Asphalt Overlay Ramp Project Two; 2021 Asphalt Overlay Ramp
Project Three; Eagle Point Park Bridge Pavilion Roof Replacement
Project.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description
2021 Asphalt Overlay Ramp Project Two
2021 Asphalt Overlay Ramp Project Three
Eagle Point Park Bridge Pavilion Roof Replacement
Project
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
Eagle Point Park Bridge Pavilion Roof Replacement Project
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the day of , 204between the City of Dubuque, Iowa, by its
City Manager, through authorit conferred upon the City Manager by its City Council (City), and
Gronen Restoration, Inc.
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for the BRIDGE
PAVILION EAGLE POINT PARK ROOF REPLACEMENT PROJECT.
2 CONTRACT DOCUMENTS
A. The Contract Documents consist of the following:
1. Project Title Page (Section 00100).
2. Project Directory Page (Section 00101).
3. This Public Improvement Contract (Section 00500).
4. Performance, Payment, and Maintenance Bond (Section 00600).
5. Out -of -State Contractor Bond (Section 00610).
6. Other Bonds:
a. (Bond Name) (pages to , inclusive).
b. (Bond Name) (pages to , inclusive).
C. (Bond Name) (pages to , inclusive).
7. The Iowa Statewide Urban Design And Specifications (SUDAS) 2020 Edition.
8. CITY OF DUBUQUE Supplemental Specifications 2020 Edition.
9. Other Standard and Supplementary Specifications as listed on the Title Page of the
Contract Document Manual.
10. Special Provisions included in the project Contract Document Manual.
11. Drawings —Sheet No.1 (01 pages) or drawings consisting of sheets bearing the
following general title:
Eagle Point Park Bridge Pavilion Roof Replacement Project
12. Addenda (numbers 0 to 0 , inclusive).
13. Insurance Provisions and Requirements (Section 00700).
14. Sales Tax Exemption Certificate (Section 00750).
15. Site Condition Information (Section 00775).
16. Construction Schedule and Agreed Cost of Delay (Section 00800).
SECTION 00500
Page 2 of 6
17. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
c. The following documentation that must be submitted by Contractor prior to Notice
of Award.
i. Contractor Background Information Form (Section 00471)
18. The following which may be delivered or issued on or after the Effective Date of the
Agreement:
a. Notice to Proceed (Section 00850).
b. Project Certification Page (Section 00102).
c. Change Orders (Not attached to this agreement).
There are no other Contract Documents. The Contract Documents may only be amended,
modified, or supplemented as provided in General Conditions.
3. All materials used by the Contractor in the Project must be of the quality required by the
Contract Documents and must be installed in accordance with the Contract Documents.
4. The Contractor must remove any materials rejected by the City as defective or improper, or
any of said work condemned as unsuitable or defective, and the same must be replaced or
redone to the satisfaction of the City at the sole cost and expense of the Contractor.
5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Council to pay any claim
by any party that may be filed 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 thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter26.
The City will 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 will 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 herein referred to and
agrees not to plead misunderstanding or deception related to estimates of quantity,
character, location or other conditions for the Project.
T In addition to any warranty provided for in the specifications, the Contractor must also fix any
other defect in any part of the Project, even if the Project has been accepted and fully paid
for by the City. The Contractor's maintenance bond will be security for a period of two years
after the issuance of the Certificate of Substantial Completion.
8. The Contractor must fully complete the Project under this Contract on or before the date
indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract
Documents.
9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. 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,
SECTION 00500
Page 3 of 6
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 there
from, 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, regardless of whether or not such claim, damage, loss or expense
is caused in part by a party indemnified hereunder.
10. The Contractor hereby represents and guarantees that it has not, nor has any other person
for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any
other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or
public officer any sum of money or anything of value whatever in order to obtain this Contract;
and it has not, nor has another person for or in its behalf directly or indirectly, entered into
any Contractor arrangement with any other person, firm, corporation or association which
tends to or does lessen or destroy free competition in the award of this Contract and agrees
that in case it hereafter be established that such representations or guarantees, or any of
them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but
in no event less than $2,000.00 (Two Thousand Dollars) to the City.
11. The surety on the Bond furnished for this Contract must, in addition to all other provisions,
be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which
provisions apply to said Bond.
12 The Contractor agrees, and its Bond is surety therefore, that after the Certificate of
Substantial Completion has been issued by the City, it will keep and maintain the Project in
good repair for a period of two (2) years.
13. The Project must be constructed in strict accordance with the requirements of the laws of the
State of Iowa, and the United States, and ordinances of the City of Dubuque, and in
accordance with the Contract Documents.
A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of
1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C.
1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection
Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and
107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
B. 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 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.
SECTION 00500
Page 4 of 6
CONSENT DECREE
RELATING TO THE PROJECT
14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO
THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER
COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE
APPLICABLE.
CITY CONTRACTOR
"lTHIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE
` RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY
SEWER COLLECTION SYSTEM. THEREFORE THE CONSENT DECREE AND THIS
SECTION ARE NOT APPLICABLE.
The City has entered into a Consent Decree in the case of The United States of America, and the State
of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action
Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern
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 is included in the Contract Documents and can be viewed at
http:llwww.cityofdubugue.org/DocumentCenter/Home/Viewi3173. A hard copy is available upon
request at the City's Engineering Department Office.
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 (5) years after the termination of the Consent Decree,
the City must retain, and must 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 period, upon request by the United States or the State, the
City must 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
must 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 must deliver any such documents, records, or other information to the EPA
or IDNR.
SECTION 00500
Page 5 of 6
CERTIFICATION BY CONTRACTOR
The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor,
certifies to the City of Dubuque as follows:
I 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 Number
Case 2:11-cv-01011-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.
4. The Contractor 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
failure to comply with the Consent Decree.
CONTRACTOR: j
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Contractor
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SECTION 00500
Page 6 of 6
THE CITY AGREES:
15. Upon the completion of the Contract, and the acceptance of the Project by the City Council,
and subject to the requirements of law, 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 price(s) stated in the Contractor's Bid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
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CONTRACT AMOUNT $ /
CITY OF DUBUQUE, IOWA:
City Manager's Office
Department
By: / /� k- .4 A��,,
Signature
Michael Van Milligen
Printed Name
City Manager
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April 15, 2021
ate
CONTRACTOR:
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Date
==== END OF SECTION 00500 ====
THE CITY OF
DUB E
Masterpiece on the Mississippi
Dubuque
MI-Amedea 6iiy
�II�I®r
2007•2012-2013
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Eagle Point Park Bridge Complex Roof Replacement Project Contract
Signature CIP #1022509
DATE: April 14, 2021
INTRODUCTION
This purpose of this memorandum is to request your signature on a contract with
Gronen Restoration to furnish all materials, equipment, and labor necessary to complete
the Eagle Point Park Bridge Complex Roof Replacement Project.
BACKGROUND
MSA Professional Services Inc., prepared an RFP for the project. The RFP included a
lump sum bid for the roof replacement of the Eagle Point Park Bridge Complex.
Improvements include complete removal and disposal of cedar shake roof, repair of any
roof decking determined to be in poor condition, placement of new cedar shake roof and
associated underlayment materials, preparation and painting of metal roof flashing and
gutter sections, and installation of new metal ridge cap and roof valleys.
DISCUSSION
An RFP was issued in February of 2021 for the Eagle Point Park Bridge Pavilion Roof
Replacement Project. Bids were received on March 11, 2021. Bid results were as
follows:
Contractor LumD Sum Bid
Gronen Restoration $134,918.00
Tricon General Construction, Inc. $104,265.00
Steve Fehsal, Park Division Manager met with Tricon Construction, the apparent low
bidder, to discuss the project on March 23, 2021. It was verbally mentioned by Tricon
that they had not installed a cedar shake shingle roof before. This was a requirement in
the RFP document. Steve requested from Tricon a list of projects that might have
included roofing work and found that none of these projects included cedar shake roof
work. Steve contacted Senior Counsel Barry Lindahl to determine if Tricon was qualified
to do the work. After reviewing the RFP and Steve's conversations with Tricon it was
determined by Barry and City Attorney Crenna Brumwell that Tricon does not meet the
minimum requirements to perform the work.
Steve recommended the contract be awarded to Gronen Restoration and you approved
previously. Gronen Restoration was also awarded the Indian Room Roofing Project in
2018 and the project turned out extremely well. The public improvement contract is
attached. Insurance forms have been submitted and approved by the Finance
Department.
BUDGETIMPACT
The budget for the Eagle Point Park Bridge Pavilion Roof Replacement Project (CIP #
1022509) is $118,00.00. The additional funds needed for the project will be used from
the Eagle Point Park Retaining Wall CIP (#3502459). Director of Finance and Budget
Jenny Larson has approved the additional funding.
CIP Budget
EPP Bridge Complex #1022509 $118,000.00
EPP Retaining Wall # 3502459 $ 16,918.00
Project Cost $134,918.00
ACTION REQUESTED
Your signature is requested on the attached contract with Gronen Restoration to furnish
all materials, equipment, and labor necessary to complete the Eagle Point Park Bridge
Complex Roof Replacement Project.
Prepared by Steve Fehsal, Park Division Manager
cc: Jenny Larson, Director of Finance and Budget
attachment