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Improvement Contract_Deconstruction of 517 East 22nd StreetMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer V19 SUBJECT: Bee Branch — 517 East 22nd Street Deconstruction DATE: June 22, 2012 Dubuque All-America City ' 1 1 f 2007 Attached is the Short Form Public Improvement Contract between the City of Dubuque and Winger Construction Company (Dubuque, Iowa) for the deconstruction of the residential building at 517 East 22nd Street. This project is part of the Bee Branch Restoration Project. The Certificate of Liability Insurance has been approved by Finance Director Ken TeKippe. Upon execution of the noted documents, please return to the Engineering office for further processing. Attachs. Masterpiece on the Mississippi City of Dubuque Engineering Dept. 50. W. 13`h Street Dubuque, IA 52001 (563) 589 -4270 (563) 589 -4205 FAX CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT THIS PUBLIC 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 and Winger Construction Company (Contractor) of the City of (Contractor Name) 2175 Washington Street, Dubuque, Iowa 52001 (Contractors Address - City and State) PROJECT TITLE: Bee Branch - 517 East 22nd Street Deconstruction 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 Project): - Notification to proper regulatory agencies regarding the removal of the building. - Permits obtained for the deconstruction and utility notifications. - Insurance per State requirements. - Project documentation. - Emphasize reuse of building materials versus recycling or landfilling. The work described above shall be completed at the following location(s): Former Residential Building at 517 East 22nd Street, Dubuque, Iowa 52001 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. Page 1 of 4 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 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) 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 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 full compensation for the complete performance of this contract. 8. The Contractor shall fully complete the Project under this Contract on or before July 13, 2012 (DATE) 9. 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. Page2of4 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. 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 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. 14 750.00 CONTRACT ESTIMATED AMOUNT $ THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 1 0 % OF THE ABOVE LISTED ESTIMATED AMOUNT. By: CITY OF BUQUE, IOWA Michael C. Van Milligen City Manager 6(::/eA CONTRACTOR: By: B IA) (Ai & &NS7(0 LTt 0,sJ (• Printed Name V Title CONTRACTOR ACKNOWLEDGEMENT OF ATTACH D SPE IAL CONDITIONS: Page 3 of 4 igna ure Printed Name Title 4./2 Zol 'L Date The following special conditions shall apply to this Project: The attached bid proposal of June 21, 2012 is part of this contract. -The site is to be left in a mow -able condition. All debris, whether inside the building or outside the building shall be removed from the site and properly disposed and any costs incurred shall be incidental to the Lump Sum contract price. REV. 07/07 Page 4 of 4 CITY OF DUBUQUE, IOWA BEE BRANCH - 517 EAST 22ND STREET DECONSTRUCTION CIP: 7201654 BID FORM NO. DESCRIPTION BID FORM IA UNIT TOTAL QUANTITY PRICE PRICE r d . 1 Deconstruction of 517 East 22nd Street, Completed as per Specs 1 LS 'd co .5":6 J t' () 0,4, 2 Utility Shut -Offs (4 sewer and 1 water) Including Street Patches 5 Each, /, / 3 Garage Slab Removals, Lot Grading, w /Seeding & Mulch 3 Each 9A, 3 ,63rn,1) SEE OTHER SIDE OF SHEET .►a '7 TOTAL , --- BID PROPOSAL The bidder hereby certifies that they are the only person or persons interested in this proposal as principals; that an examination has been made of the plans, specifications, and contract form, including the special provision contained herein, and of the site of the work, and the bidder understands that the quantities of work shown herein are approximate only and are subject to increase or decrease; and further understand that all quantities of work, whether increased or decreased, are to be performed at the unit price as stipulated herein; the bidder proposes to furnish all necessary machinery, equipment, tools, labor and other means of construction, and to furnish all materials specified in the manner and time prescribed and to do the work at the prices herein set out. The bidder further agrees to execute an informal contract; if required by the contract documents, within seven (7) days of the award of the contract by the City Council, and that they will comrnence work on or about ten (10) days after the date of the contract, and will complete the work within the specified contract period or pay the liquidated damages stipulated in the contract documents. The bidder acknowledges receipt of the following addendum: PRINCIPAL: f �1 C- Contractor Bv: Dated: Dated: Dated: Individual (J‹) Partnership ( ) Corporation ( ) Sigi ature Title d s� � "� � a te _L (pity State Date O© Zip Note: To be completed by out of State bidders. The State of does ( ) / does not ( ) utilize a percentage preference for in -state bidders. The amount of preference is percent. 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