Signed Contract_Boys and Girls Club of Greater DubuqueCity of Dubuque
City Council Meeting
Consent Items # 14.
Copyrighted
July 6, 2021
ITEM TITLE: Signed Contract(s)
SUMMARY: Boys and Girls Club Facility Use Agreement; Drew Cook & Sons
Excavating Co. I nc. for the Dillon Street Drain Tile Project 2021;
Agreement with Nicholas J. Edwards, MD to act as the Medical Director
for the City's Fire Department Emergency Medical Services Division;
Tschiggfrie Excavating Co. for the 2021 Asphalt Overlay Ramp Project
Four;
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Boys and Girls Club Facility Use Agreement Supporting Documentation
Dillon Street Drain Tile Project 2021 Supporting Documentation
Agreement with Nicholas J. Edwards, MD Supporting Documentation
Medical Director Contract Memo Staff Memo
2021 Asphalt Overlay Ramp Project Four Supporting Documentation
FACILITY USE AGREEMENT
BETWEEN
BOYS' AND GIRLS' CLUB OF GREATER DUBUQUE
AND
THE CITY OF DUBUQUE
THIS AGREEMENT dated for reference purposes the ZZ"d- day of
ZLLne, , 2021, is made and entered by and between the Boys' and Girls' Club
of Greater Dubuque (Boys and Girls Club), and the City of Dubuque, Iowa (City).
WHEREAS, Boys and Girls Club is the owner of the premises and grounds located
at 1299 Locust St., Dubuque, IA, including facilities contained therein, specifically the
gymnasiums, games room, outdoor common areas, and any other areas open and staffed
by Boys and Girls Club program staff, and restrooms (the Facilities); and
WHEREAS, City has `requested to use the Facilities for its Leisure Services
Department Activities; and
WHEREAS, the parties have reached an agreement regarding such use and wish
to reduce their agreement to writing.
NOW, THEREFORE, in consideration of their mutual promises hereinafter set
forth, the parties. agree as follows:
SECTION 1. TERM. Boys & Girls Club grants City the use of the Facilities Monday
through Friday, excluding holidays, from 12:30 PM until 5:45 PM on the terms and
conditions set forth herein. The Term of this Agreement commences on 6 -1q- 20Z I and
ends at midnight on—(��ZoZt
SECTION 2. INSPECTION OF FACILITIES. City agrees it has had an adequate
opportunity to inspect the Facilities and accepts the Facilities in the condition upon which
they exist on the date of execution of this Agreement. City agrees to surrender the
Facilities in the same condition upon the expiration of the Term or termination of this
Agreement, ordinary wear and tear excepted. City agrees that the Facilities in the current
condition are adequate for its purposes and that no modification is required and no
warranty of fitness for any purpose is made by Boys & Girls Club.
SECTION 3. INDEMNITY AND COVERAGE. City agrees to protect, defend, indemnify,
and hold harmless Boys & Girls Club from all damage, claims and demands for bodily
injury or death or damage to real or personal property arising from or relating to City's use
of the Facilities, including, without limitation, injury, death, or damage arising from or
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related to any condition of or upon the Facilities or the premises, but excluding any
damage, claims and demands arising out of or related to the negligence of Boys and Girls
Club, its officers and employees. City is a member of the Iowa Communities Assurance
Pool and will provide a certificate of coverage which meets the coverage requirements of
Exhibit A with a comparable rating with Demotech.
SECTION 4. PLANNING, IMPLEMENTATION, STAFFING AND SUPERVISION. City
will be solely responsible for all planning, implementation, staffing and supervision prior
to and including the hours of its use of the Facilities.
SECTION 5. ACCESS TO FACILIIES. Boys & Girls Club will arrange with City's
Leisure Services Department personnel for access to the Facilities. Upon the request of
Leisure Services personnel, Boys & Girls Club may, in its sole discretion, permit access
during other times.
SECTION 6. TERMINATION. Boys & Girls Club reserves the right to terminate this
Agreement upon such notice, oral or written, as it deems necessary, in the event of breach
of this Agreement by City or in the judgment of Boys & Girls, for any other reason. City
may terminate this Agreement upon written notice to Boys & Girls Club not less than
twenty-four (24) hours before the intended time of termination.
Upon the expiration of the term of this Agreement or termination of this Agreement, City
shall have no further right of use of the Facilities. City agrees this Agreement does not
create any right or expectation of future use of the Facilities or any other facility of Boys
& Girls Club.
SECTION 7. ENTIRE AGREEMENT. This is the entire Agreement between the parties
regarding the subject matter and supersedes all previous oral or written discussions or
agreement between the parties or their representatives.
SECTION 8. PRESENCE OF STAFF. Boys & Girls Club will provide at least one (1)
staff member who has knowledge of all safety, security, and operational aspects of
building shall be on premises during use of Facilities until 5:45 PM.
SECTION 9. COVID REQUIREMENTS. All COVID-19 sanitation of rooms used during
activities is the responsibility of City except for club staff sweeping and mopping floors
with proper cleaner to combat COVID-19 daily before arrival.
All door handles, railings, bathrooms, and common areas will be sprayed by Club staff
with proper sanitizer before entry each day.
All personal protective equipment (PPE) or other COVID-19 supplies shall be the
responsibility of City while children are in or on Boys & Girls Club property. Anytime upon
entry to club buildings or grounds, proper PPE and temperature checks shall be the
responsibility of City staff.
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All incidents related to COVID-19 shall be reported by both parties as soon as possible
and appropriate Center for Disease Control guidance shall be enacted.
SECTION 10. LUNCH AND BREAKFAST. Lunch and Breakfast will be furnished to all
participants and City staff via the USDA Summer Food Service Program. City staff will
work with the director of food service two (2) weeks in advance of the first day of classes
to formulate a plan for proper spacing in food consumption areas wherever they may be.
Dinner will be provided on Monday, Tuesday, and Friday by the Dubuque Rescue
Mission. Wednesdays and Thursday's will be snack only days or meals may be provided
by local churches serving in area.
BOYS & GIRLS CLUB OF GREATER DUBUQUE CITY OF DUBUQUE
1299 Locust St. LEISURE
SERVICES
Dubuque, Iowa 52001 Dubuque, Iowa 52004-0732
By: By:
Briah L. Meyer, Executive Director Its `)CY
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EXHIBIT A
MINIMUM INSURANCE REQUIREMENTS
USE OF FACILITIES AND GROUNDS
All insurance policies required hereunder shall be written with an insurer authorized
to do business in the State of Iowa. Insurer shall have an A.M. Best rating not less
than "A-", (Excellent).
2. All insurance policies required hereunder shall be endorsed to provide the Boys and
Girls Club of Greater Dubuque written notification of at least thirty (30) days prior to
cancellation or non -renewal, other than ten (10) days written notification for
nonpayment of premium.
3. USER of facilities and grounds shall furnish Certificates of Insurance to the Director
of Facilities indicating the insurance requirements set forth in this agreement have
been met. Such certificates shall include copies of any policy forms and
endorsements that are equivalent to the forms and endorsements specifically required.
4. Each Certificate of Insurance shall be submitted to the Director of Facilities.
At its discretion and on a case -by -case basis, the Board of Directors reserves the right to
increase or decrease limits and add or waive insurance coverage or requirements if
deemed appropriate by the Executive Director.
6. Failure of USER to provide evidence of minimum limits and coverage or procure
required insurance shall not be deemed a waiver of these requirements by the Boys
and Girls Club of Greater Dubuque. Failure of USER to obtain or maintain the
insurance requirements shall be considered a material breach of this agreement.
Limits and coverages indicated are only the minimum requirements, and do not
represent what is adequate or needed to protect the USER or the Boys and Girls Club
of Greater Dubuque. The insurance requirements contained in this exhibit shall in no
way limit the liability of the USER, or indemnification obligations contained
elsewhere in the agreement with the Boys and Girls Club of Greater Dubuque.
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Facilities and Grounds use Agreement.
MINIMUM INSURANCE REQUIREMENTS
COMMERCIAL GENERAL, LIABILITY:
General Aggregate Limit $2,000,000
Products - Completed Operation Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Damage to a Premises Rented to You Limit $ 500,000
Medical Payments $ 5,000
Commercial General, Liability policy shall be written on an occurrence form using ISO
occurrence form CG 00 01 or equivalent form.
Policy shall include the following endorsements:
1. ISO endorsement CG 20 26 or equivalent endorsement naming the , leadership
team, members, employees and agents as an additional insured.
2. ISO endorsement CG 20 01 or equivalent endorsement, indicating additional insured status for
The , its leadership team, members, employees and agents is primary and
non-contributory.
3. ISO endorsement CG 25 04 or equivalent endorsement, Designated Locations General
Aggregate Limit.
4. ISO endorsement CG 24 04 or equivalent endorsement, Waiver of Transfer of Rights of
Recovery Against Others to Us, naming the
BUSINESS AUTOMOBILE LIABILITY:
Combined single limit of $1,000,000
Or
Bodily Injury (per person) $ 1,000,000
Bodily Injury (per accident) $ 1,000,000
Property Damage $ 1,000,000
Business auto liability shall be written on ISO form CA 00 01 or equivalent form.
1. Policy shall include Symbol 1 (Any Auto), for all owned, hired or non -owned autos. If there are
no owned autos, Symbol 8 and 9 is acceptable for just hired and non -owned autos.
2. Include ISO endorsement CA 04 44 or equivalent endorsement, Waiver of Transfer of Rights
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of Recovery Against Others to Us, naming the
FACILITIES AND GROUNDS AGREEMENT
MINIMUM INSURANCE REQUIREMENTS — Continued
WORKERS COMPENSATION & EMPLOYERS LIABILITY:
1. Workers Compensation: Statutory — State of Iowa
2. Employers Liability
Bodily Injury Limit Each Accident $500,000
Bodily Injury Disease — Policy Limit $500,000
Bodily Injury Disease — Limit Each Employee $500,000
Workers Compensation shall include the following endorsements: WC 0003 13, Waiver of
Our Right to Recover from Others, naming the
2. Sole Proprietors, Partners and LLC and LLP Members must be included for coverage.
Executive Officers may not be excluded from coverage.
UMBRELLA OR EXCESS LIABILITY:
Limit Each Occurrence
Aggregate Limit
$1,000,000
$1,000,000
Umbrella or Excess liability policy shall provide excess coverage and be at least as broad
in coverage as the following required policies — Commercial General Liability, Business
Auto Liability and Employer's Liability, and include the following endorsements:
ISO endorsement CU 24 78 or equivalent endorsement, indicating additional insured
status for the , its leadership team, members, employees and agents is non-
contributory.
2. ISO endorsement CU 24 01 or equivalent endorsement, Waiver of Transfer of Rights
of Recovery Against Others to Us, naming the
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SECTION 00500
Page 1 of 6
PUBLIC IMPROVEMENT CONTRACT
SECTION 00500
Dillon Street Drain Tile Project 2021
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references
purposes the 9ch day of June 2021 between the City of Dubuque, Iowa, by its City Manager,
through authority conferred upon the City Manager by its City Council (City), and Drew Cook & Sons
Excavating Co. Inc. (Contractor).
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 Dillon Street
Drain Tile Proiect - 2021 (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 through No.1 (1 pages) or drawings consisting of sheets
bearing the following general title:
Dillon Street Tile Project 2021
12.Addenda (numbers _ to _ 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. Erosion Control Certificate (Section 00900).
18. Consent Decree (Section 01000).
19.Other Project Information and Permits (Sections 01100 - 00000).
20. Exhibits to this Contract (enumerated as follows):
a. Contractor's Bid (pages to inclusive).
b. Bidder Status Form (Section 00460).
21.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 Chapter 26.
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.
7. 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
SECTION 00500
Page 3 of 6
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 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
THIS 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
hfitp://www.cityofdubugue.org/DocumentCentet�/Hone_/View/31l'3. 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.
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:
SECTION 00500
Page 5 of 6
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 2:1 1-cv-0101 1-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:
N/A
Contractor
By:
Signature
Printed Name
Title
Date
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 laid Proposal and less
any Agreed Cost of Delay provided for in the Contract Documents.
CONTRACT AMOUNT $ 53,377.50
CITY OF DUBUQUE, IOWA:
City Manager's Office
Depa jenl
By:
SigII Lire
Michael C. Van Milligeri
Printed Name
City Manager
I itle
June 21, 2021
Date
CONTRACTOR:
Drew Cook & Sons Excavating Co. Inc.
ntrac:tor
By:
i nature
rr`CY�l�
Printed Name
i LV
Title
Date
--== END OF SECTION 00500 ==--