Signed Contracts_Storm Drain Labeling ProjectMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer IZ DS
SUBJECT: Storm Drain Labeling Project - Improvement Contract
DATE: May 23, 2011
INTRODUCTION
Dubuque
bittig
All- America City
111111
2007
The purpose of this memorandum is to present a short form improvement contract for
Green Dubuque, Inc. to perform replacement catch basin placard work within the City of
Dubuque.
BACKGROUND
The Clean Water Act (CWA) of 1972 prohibits the discharge of pollutants into waters of
the United States from a point of source, unless permitted by an NPDES permit. Point
source pollution is categorized by the ability to clearly identify where the pollutant enters
a lake, creek, stream, river, etc.
In 1987 the CWA was amended to target non -point source pollution such as stormwater
runoff and required the City of Dubuque to obtain a Municipal Separate Storm Sewer
System (MS4) National Pollution Discharge Elimination System (NPDES) permit.
DISCUSSION
In the Public Education section of the City of Dubuque MS4 permit, it states that all
catch basins must be labeled to inform the public that the intakes drain to local streams
and rivers.
The City of Dubuque completed this requirement in the first five -year permit, with help
from two nonprofit organizations -- Keeping Dubuque County Clean and Green and
Green Dubuque, Inc. Approximately 4,800 catch basins had placards placed on them.
Due to vandalism and general wear and tear, approximately 400 to 500 catch basins
are in need of replacement placards. Green Dubuque, Inc. has shown interest in
replacing these.
RECOMMENDATION
I recommend that the City of Dubuque hire Green Dubuque, Inc. to provide the labor
required to place placards on the City's 500 catch basins that are missing labels.
As reflected in the attached short form contract, Green Dubuque, Inc. will perform the
work at an estimated cost of $1,000.
Funding for the project will come from the NPDES Public Education CIP (7202066).
ACTION TO BE TAKEN
I respectfully request review and execution of the attached short form contract between
the City and Green Dubuque, Inc. for the storm drain labeling project.
Prepared by Dean Mattoon, Engineering Technician
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Deron Muehring, Civil Engineer
Todd Shoemaker, Environmental Engineer
Dean Mattoon, Engineering Technician
Attachs.
THE CITY OF
DUB
Masterpiece on the Mississippi
(Contractor Name)
1640 Lawndale Street, Dubuque, IA 52001
(Contractors Address - City and State)
PROJECT TITLE: Storm drain placard placement project
CONTRACTOR AGREES:
CITY OF DUBUQUE, IOWA
SHORT FORM
IMPROVEMENT CONTRACT
Payment shall be $2.00 per catch basin labeled.
Page 1 of 3
City of Dubuque
Engineering Department
50. W. 13 Street
Dubuque, IA 52001
(563) 589 -4270
(563) 589 -4205 FAX
THIS 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 (City) and
Green Dubuque Inc. (Contractor) for the City of Dubuque.
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
1. To perform all labor necessary for (the Project): including the following: cleaning off
Surface of the catch basin where the placard will be placed; Applying the proper amount of
Compound to securely hold the placard in place; ensuring that the placard is placed in the
Correct place on each catch basin and that it is installed at the correct angle and free from
Any stains or damage.
The work described above shall be completed at the following location(s): Up to 500
basins within the City of Dubuque Corporate limits that need replacement placards.
The Project shall be constructed to the existing grades and to any revised grades as described
in this Project contract; 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.
2. Contract Documents shall 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 General Requirements as adopted by the City
Council for the Project.
3. All materials used by the Contractor in the Project shall be supplied by The City of Dubuque
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 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 fully complete the Project under this Contract on or before
September 01, 2011
(DATE)
8. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City
from and against all claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from performance of the 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 (other than the Project itself) including loss of use resulting
there from, but only to the extent caused in whole or in part by negligent acts or omissions of
the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the
Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the
Contractor's subcontractor may be liable, regardless of whether or not such claim, damage,
loss or expense is caused in part by a party indemnified hereunder.
9. 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, attached hereto.
Page 2 of 3
10. All volunteers performing the work shall be volunteers for their respective organization, and not
volunteers for the City of Dubuque.
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 Tess 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.
By:
CONTRACT ESTIMATED AMOUNT $ 1,000
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 5% OF THE ABOVE LISTED
ESTIMATED AMOUNT.
CITY OF DUBUQUE,.JOWA PRINCIPAL:
Michael C. Van Milligen Date
City Manager
Page 3 of 3
Contractor
By:
Sig ure
Theothoros Raki Giannakouros
Printed Name
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Title
ACKNOWLEDGEMENT OF ATTACHED
SPECIAL CONDITIONS:
By: (
Signatur
Title
Green Dubuque Inc
Theothoros Raki Giannakouros
Printed Name
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Dat
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