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HomeMy WebLinkAbout2023-10-16 I01D_03 Serenity Dr Replacement_Accept ProposalAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 16, 2023 AGENDA ITEM:Consideration of approval of a resolution approving proposal from Alliance Construction Group, LLC [Serenity Drive Removal and Replacement Handwork PCC Paving] FORMAT:Resolution SYNOPSIS INCLUDING PRO & CON: City Staff requested and received 3 quotes to replace pavement on Serenity Drive from Melody Circle to Harrington Way. The pavement was damaged by a water main break under the roadway causing the pavement to settle and crack. The low quote was provided by Alliance Construction Group in the amount of $187,847.00. Alliance Construction Group proposes to furnish all material, labor, equipment, supervision required to construct the improvements Serenity Drive repairs PCC paving. The project includes mobilization and bond costs, removing existing pavement (Serenity Drive), remove existing driveway approach up to sidewalks, remove existing handicapped ramps, curb backfill, 8” non-reinforced W/CD baskets PCC replacement paving, 6” non-reinforced PCC replacement driveway approach, replace handicapped ramps, inlet protection devices, sod replacement along back of curb, erosion control mix seeding, filter sock installation and removal, and traffic control. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $187,847.00 COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution II. Alliance Construction Group, LLC Proposal PREPARED BY: Beth Richardson REVIEWED BY: Sara Kappos SKK PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1D3 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING PROPOSAL FROM ALLIANCE CONSTRUCTION GROUP, LLC [SERENITY DRIVE REMOVAL AND REPLACEMENT HANDWORK PCC PAVING] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee is a duly organized municipality within Dallas County; AND, WHEREAS, Alliance Construction Group, LLC proposes to furnish all material, labor, equipment, supervision required to construct the improvements for Serenity Drive repairs PCC paving AND, WHEREAS the project includes mobilization and bond costs, removing existing pavement, remove existing driveway approach up to sidewalks, remove existing handicapped ramps, curb backfill, 8” non-reinforced W/CD baskets PCC replacement paving, 6” non-reinforced PCC replacement driveway approach, replace handicapped ramps, inlet protection devices, sod replacement along back of curb, erosion control mix seeding, filter sock installation and removal, and traffic control; AND, NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the City of Waukee hereby approves the proposal from Alliance Construction Group, LLC [Serenity Drive Removal and Replacement Handwork PCC Paving]. Passed by the City Council of the City of Waukee, Iowa, and approved the 16th day of October, 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair 5/05/20 PROPOSAL Submitted To: City of Waukee Attn: Sara Kappos Project’s Name: Serenity Drive Removal and Replacement Handwork PCC Paving Location : Waukee, Iowa Address: 805 University Ave Waukee, IA 50263 Engineer: Civil Design Advantage Phone: 515-987-4522 Fax: Plan No’s: Addenda No’s: NA Date Of Proposal: 10/05/2023 Rev. Plan’s Date: Last Revision: Estimated By: Jason DeGraff 515-249-9202 jdegraff@acgiowa.com Project’s No: Alliance Construction Group, L.L.C. (the “Contractor”) proposes to furnish all material, labor, equipment, supervision required to construct the improvements described herein (the “Work”), and in accordance with the Urban Specifications for the consideration detailed below: NOTES APPLICABLE TO THIS OFFER: • Any changes to the Scope of this Proposal, to its terms or conditions, or to the Plans, Specifications or documents used to prepare this Proposal, shall result in revisions to the Proposal. • See the General Terms and Conditions, and Special Provisions and Exclusions for restrictions and contingencies pertaining to this Proposal. • The costs of winter weather precautions and soil remediation are EXCLUDED. (continued) Alliance Construction Group, L.L.C. Proposal (Continued.) Page 2 Project: Serenity Drive Removal and Replacement Handwork PCC Paving 05/05/20 NOTES (continued) • All costs of compliance with the Project’s Storm Water Pollution-Prevention Plan (SWPPP) shall be paid to the Contractor on a “Time-and-Materials” basis. The Proposal may include an estimated “Allowance” for this work, but is not a guaranteed maximum or fixed amount. Designing the SWPPP, evaluating the SWPPP, certifying the accuracy or adequacy of the SWPPP, securing all related permits, administering, managing, and mo difying the SWPPP, inspecting the condition or location of the Project’s pollution-prevention measures, authorizing the installation, maintenance or repairs to those measures, documenting jurisdictional-inspections, and all similar activities are excluded from the Proposal’s scope of services. The Contractor will coordinate any activities it is directed to take with the Client’s pollution-prevention professional. Alliance Construction Group, L.L.C. Proposal (Continued.) Page 3 Project: Serenity Drive Removal and Replacement Handwork PCC Paving 05/05/20 DESCRIPTION OF THE WORK INCLUDED IN THIS OFFER: Quantity UOM A. Serenity Drive Repairs PCC Paving Items Mobilization and Bond Costs 1.00 LS $9,500.00 $9,500.00 Remove Existing Pavement (Serenity Drive) 1,290.00 SY $18.00 $23,220.00 Remove Existing Driveway Approach Up to Sidewalks (5 Locations) 171.00 SY $22.00 $3,762.00 Remove Existing Handicapped Ramps (3 Locations) 3.00 EA $275.00 $825.00 Curb Backfill 1.00 LS $2,500.00 $2,500.00 8” Non-Reinforced W/CD Baskets PCC Replacement Paving 1,290.00 SY $92.00 $118,680.00 6” Non-Reinforced PCC Replacement Driveway Approach (5 Locations) 171.00 SY $80.00 $13,680.00 Replace Handicapped Ramps 3.00 EA $1,300.00 $3,900.00 Inlet Protection Devices 4.00 EA $275.00 $1,100.00 Sod Replacement Along Back of Curb (For Areas On Lots That Have Homes Constructed, Watering Of Sod to Be Performed By Homeowners) 25.00 SQR $100.00 $2,500.00 Erosion Control Mix seeding (Along Lot 18) 600.00 SF $0.55 $330.00 Filter Sock Installation and Removal 725.00 LF $6.00 $4,350.00 Traffic Control 1.00 LS $3,500.00 $3,500.00 Total A: Serenity Drive Repairs Items: $187,847.00 B. Add Alternative- Modified Subbase (As Required) Modified Subbase (As Required) $45.00/TON C. Add Alternate-Core Out Unsuitable Soils Core Out Unsuitable Soils (As Required) $45.00/CY Notes: *Davis Bacon Wages are EXCLUDED *Relocation of Existing Utilities are EXCLUDED *Winter Weather protection and hot water for Ready-Mix costs are EXCLUDED. *Removal and Replacement of Existing Irrigation Systems are EXCLUDED. *All Construction Survey and Staking is EXCLUDED. *All Testing is EXCLUDED. *Core out, haul off, and replacement of unsuitable and unstable subgrade soils is EXCLUDED. Alliance Construction Group, L.L.C. Proposal (Continued.) Page 4 Project: Serenity Drive Removal and Replacement Handwork PCC Paving 05/05/20 GENERAL TERMS AND CONDITIONS THIS OFFER TO CONSTRUCT THE ITEMS OF WORK DESCRIBED IN THIS PROPOSAL IS CONTINGENT UPON THE TERMS, PROVISIONS, CONDITIONS, AND EXCLUSIONS CONTAINED HEREIN. IT EXPRESSLY EXCLUDES ANY WAIVER WHATSOEVER OF THE CONTRACTOR’S CONTRACTUAL RIGHTS AND ITS RIGHTS AT LAW INCLUDING, BUT NOT LIMITED TO, ITS RIGHT TO FILE MECHANICS’ LIENS, AND ITS RIGHTS OF SUBROGATION. ANY ALTERATION TO THE PROPOSAL VOIDS THIS OFFER. DESCRIPTION OF THE WORK AND PRICING: The Contractor shall construct only the Items specifically detailed in the Description of the Work included in this Proposal (the “Work”), and the Contractor shall be paid for all of the Items and amounts actually constructed. The prices contained herein are based solely on the design, Plans, Specifications, and information provided to the Contractor by the Client. Unless specifically noted to the contrary herein, all Items and pricing are tied, and the Proposal will be accepted or rejected in its totality. SPECIFICATIONS: The Specifications applicable to the Work are as noted herein. In the absence of any Specifications specifically referenced in the Proposal (or applicable articles in the Project’s Specifications), and/or construction details included in the Plans, the most current edition of the Iowa Urban Standard Specifications for Public Improvements shall be the sole controlling Specification Document applicable to this Project. THE PROJECT’S DESIGN, PLANS, AND SITE: The Contractor does not warrant the accuracy, sufficiency, adequacy, and/or completeness of the Project’s design, its Plans and Specifications; the suitability of the Project’s site for the Client’s intended use including, but not limited to, the availability and sufficiency of sanitary sewer and water service, storm water control and wetlands remediation requirements, zoning, access to transportation infrastructure, ROW and easements, and the types, character, condition, and moistures of the soils on site; or the readiness for the Work on the Project to commence. CLIENT’S RESPONSIBILITES: Except as expressly required herein for completion by the Contractor, all other actions and acts necessary to complete the Project are the responsibility of the Client to complete including, but not limited to the following: Completing and paying for all of the Project’s site investigations, its planning, feasibility studies, designs, engineering, design-review, Construction Plans and Specifications, surveying, construction layout, inspection, and testing; verifying the suitability and adequacy of the site for the Client’s intended use and the Project’s design; securing the necessary right-of-ways, easements, permits and licenses (including the SWPPP and Erosion Control Permits) required to construct the Work; securing the necessary Project’s approvals; performing all necessary and incidental Project administration and management; providing unhindered and safe access on the site and in the Contractor’s Work area free of all obstacles and conditions which could interfere with the Contractor’s normal operations and uninterrupted performance of the Work; securing sufficient Project-financing to pay all amounts when due to the Contractor; paying the Contractor’s invoices when due; and paying for all costs including premiums associated with any claim against the Contractor’s bonds whenever the claim is the result of the Client’s actions or its failure to discharge its obligations to the Contractor or the Project’s jurisdictional authority. THE CLIENT SHALL NOT DELEGATE, ASSIGN OR OTHERWISE TRANSFER ANY OF ITS CONTRACTUAL RESPONSIBILITIES TO ANY OTHER PERSON, ENTITY, OR PARTY WITHOUT THE PRIOR EXPRESS WRITTEN PERMISSION OF THE CONTRACTOR. STARTING DATE AND SCHEDULE: The Contractor shall commence the Work within approximately two weeks after receiving a written Notice to Proceed and contingent upon execution of the Proposal, proof of sufficient and dedicated Project-financing acceptable to the Contractor, the status of the Contractor’s current schedule and inclement weather which delays the Contractor’s schedule, the Project’s approvals and permits, or other delays which are beyond the Contractor’s control. If a specific completion date is guaranteed herein, it is subject to extension for occurrences beyond the Contractor’s control including, but not limited to, strikes, accidents, the Client’s failure to pay amounts due to the Contractor, injunctions, acts or interferences by jurisdictional-authorities or other independent parties, natural disasters, acts of God, weather, or similar occurrences. MOBILIZATIONS: Unless otherwise noted, this Proposal includes a single mobilization for each Division of the Work. Mobilizations required solely for the convenience of the Contractor are incidental. DELAYS: The Contractor shall be reimbursed for any and all costs associated with any delays, suspensions or interruptions to the Work, except for those reasons for which the Contractor is solely responsible. POLLUTION PREVENTION AND STORM WATER MANAGEMENT: The Contractor shall control pollution generated solely by its activities. All other costs of pollution-prevention and storm water management shall be paid by the Client. The Contractor shall not provide the Project’s Storm Water Pollution Prevention Plan (SWPPP), compliance inspections, updates to the Plans, and/or reports about the status of the Plan. The Contractor’s pollution-prevention and storm water management responsibilities terminate when the Work is complete as determined solely by the Contractor, and the Client shall cooperate with the Contractor in removing the Contractor as a “Co-permittee” from the Project’s NPDES Permit when the Work is complete. In the event of any contradiction between the Proposal and the SWPPP, the Proposal’s language shall control. The Client agrees to indemnify and hold the Contractor harmless against all levies, fines, administrative findings, costs, damages and expenses, including the costs of any legal defense which the Contractor may incur, resulting from an act or failure to act by any other person, business, or entity, or an event over which the Contractor has no authority, control and/or responsibility including, but not limited to, the Client, their agents, professionals, assigns, consultants, engineers, representatives, vendors, suppliers, subcontractors, independent entities, other contractors, governmental agencies, public utilities, or acts of God. HAZARDOUS MATERIALS: This Proposal excludes all costs of and liability for identifying, excavating, exposing, removing, treating, remediating, hauling, handling, and disposing of unsuitable or Hazardous Materials uncovered or existing on the site. BONDS: Contractor shall only supply bonds as stated herein. Alliance Construction Group, L.L.C. Proposal (Continued.) Page 5 Project: Serenity Drive Removal and Replacement Handwork PCC Paving 05/05/20 GENERAL TERMS AND CONDITIONS (continued) INSURANCE: Unless specifically noted in the Proposal, the Proposal includes all statutory insurance coverage and the Contractor’s standard insurance coverage. The Contractor shall provide Certificates of Insurance upon request. This Proposal excludes any special airport or railroad- protection insurance. INDEMNIFICATION: The Contractor shall indemnify and hold the Client harmless against any losses, damages, costs or claims of damages incurred by the Client resulting from the direct actions of, or failure to act when required to do so, by the Contractor, its subcontractors and assigns. Contractor will not indemnify or hold the Client harmless for any losses and costs including the costs of any legal defense which the Contractor, Client or third parties may incur resulting from the actions or failures to act of any party for which the Contractor is not directly responsible including, but not limited to, the Client, their agents, assigns, vendors, representatives, other contractors, independent contractors or entities. The Client shall indemnify and hold the Contractor harmless against any losses, damages, costs or claims of damages incurred by the Contractor resulting from the actions or failure to act of any party for which the Client is responsible. THE CONTRACTOR SHALL NOT WAIVE ITS RIGHTS OF SUBROGATION. EXTRA WORK: This Proposal has been prepared on the basis of normal working conditions existing on the Project’s site without hidden or unknown conditions and including, but not limited to, safe and unrestricted access, suitable soils, and normal weather which permits the use of the Contractor’s standard equipment, procedures, and working hours; and on the basis of the Client’s design and information. Any work necessitated by conditions differing from said conditions, not included in the Proposal’s Description of the Work, and/or work excluded by the Proposal’s language, is not included within the scope of this Proposal, and shall be paid to the Contractor as EXTRA WORK. Any item or unit of construction not described herein, any increased number of phases, any changes made from the original Bid Documents, any costs not attributable to Contractor’s negligence or mismanagement, any costs for work necessitated by latent or hidden conditions, additional work required by the inspecting authority, all costs of winter work precautions, lime, removal-replacement of unstable soils, and SWPPP compliance shall be paid as EXTRA WORK. Additional mobilizations shall be paid as EXTRA WORK. Additional work necessitated by inaccuracies, errors or mistakes in the Project’s design, Plans, Specifications, surveys, and layout shall be paid as EXTRA WORK. Unless specifically noted in the Proposal, the Client’s request to accelerate the Project’s schedule with Sunday or holiday work, multiple shifts or additional working hours shall be paid as EXTRA WORK. All delay-costs including, but not limited to, suspension and/or remobilization costs, labor and vendor price escalations which occur during the delay, and associated overhead costs and markup, when the delay results from any action or inaction not directly attributable to the Contractor are EXTRA WORK. Repairs to the Work as a consequence of damages resulting from the activities of Others to previously completed Work shall be EXTRA WORK. The Client agrees to pay for all these categories of EXTRA WORK in addition to any specifically noted in the Proposal. The Contractor shall provide the Client with complete documentation for all EXTRA WORK. DETRIMENTAL SITE CONDITIONS: This Proposal is based on normal conditions existing on the Project’s site including, but not limited to, stable and suitable soils which are acceptable and sufficient to construct the Work as designed. When, in the sole opinion of the Contractor, site conditions or weather conditions over which the Contractor has no control or responsibility, could adversely affect the Project’s schedule, the quality of the Work, or the safety of any persons on the site, the Contractor may notify the Client that such Detrimental Conditions prohibit continued work and suspend Work. If the Client, nevertheless, directs the Contractor to proceed with the Work, all Warranties pertaining to the Work, implied or written, spoken or unspoken, are void, and all costs associated with remediating Detrimental Conditions or repairing damages to the Work as a consequence of Detrimental Conditions shall be paid to the Contractor as EXTRA WORK. PAYMENT: The Client warrants that complete and adequate financing is secured and dedicated exclusively for the payment of all amounts when due to the Contractor. The Client shall pay for all Work completed and shall pay to the Contractor each month within 10- days after the Contractor’s invoice’s date an amount equal in value to 100-percent of the Work completed in the previous month. The Client shall not offset any amounts due to the Contractor by any other amounts. Final payment, including all unpaid amounts, is due upon receipt of the Final Invoice. If full payment is not made in accordance with the terms and conditions contained herein, the Contractor reserves the right at its sole discretion to take all actions legally available to the Contractor to collect amounts due including filing mechanic’s liens. At a minimum, all unpaid amounts shall be assessed a minimum service charge of 1-percent per month commencing on the invoice’s due date and accruing until all amounts due are paid in full. The Client’s failure to comply with its payment responsibilities could result in a suspension of the Work by the Contractor, and said suspension shall not be construed as a breach of this Agreement. WARRANTY: Subject to the Client’s satisfaction of its responsibilities, the Contractor warranties the accuracy of the Proposal’s take-off, warranties that the Work shall be in substantial compliance with the Plans and Specifications, and warranties the Work against any significant defect in materials and workmanship which affects the performance of the Work for a period of one year after the Work is completed, provided that the Client does not breach this Agreement. SPECIFICALLY EXCLUDED FROM THIS WARRANTY IS ANY DAMAGE TO THE WORK RESULTING FROM REASONS BEYOND THE CONTRACTOR’S CONTROL including, but not limited to, damage to the Work resulting from any failure of another contractor’s work, use of the Work for purposes or in ways for which it was not designed (even if only temporarily), acts of God, natural disasters, climate or weather-related damages which occur after the Work’s completion; the consequences of Detrimental Site Conditions; activities, acts or interferences of independent parties; the condition, character, type or load-carrying capacity of underlying soils; the sufficiency, completeness, correctness or accuracy of the design, benchmarks, and surveying-layout (unless performed by the Contractor). Except as provided for herein, the Contractor makes no other warranties, express or implied; and except for warranty-claims which are expressly provided for herein, final payment by the Client shall constitute a waiver of all claims and actions by the Client against the Contractor. Alliance Construction Group, L.L.C. Proposal (Continued.) Page 6 Project: Serenity Drive Removal and Replacement Handwork PCC Paving 05/05/20 SPECIAL PROVISIONS AND EXCLUSIONS UNLESS STATED OTHERWISE IN THE PROPOSAL’S DESCRIPTION OF THE WORK, THE FOLLOWING SPECIAL PROVISIONS AND EXCLUSIONS ARE APPLICABLE TO THIS OFFER: THE WORK IN GENERAL. 1. This Proposal is subject to the Contractor’s approval of the Client’s credit guarantee, the Client’s acceptance of this Proposal within 10-days, and the Contractor’s receipt of Notice to Proceed within 30-days after the Date of this Proposal, and may be withdrawn by the Contractor unless fully executed by the Client and Contractor within the 10-day period. 2. This Proposal is valid for Work constructed in 2023. 3. Addendum(s) _NA_ are acknowledged as included herein. 4. This Proposal includes 1_mobilization(s). 5. The Project’s start date is subject to currently committed work and weather conditions that affect working days. 6. Providing and maintaining safe and unhindered access on site and in the Contractor’s Work area is EXCLUDED. 7. All permits necessary to construct the Project including the NPDES General Permit No. 2 are EXCLUDED. Permits shall be secured by the Client prior to the Contractor’s mobilization onto the Project’s site. 8. Design of the Project’s Storm Water Pollution Prevention Plan (SWPPP), certifying the SWPPP, evaluating the SWPPP, administering, managing and modifying the SWPPP, inspecting the condition or location of the Project’s pollution-prevention measures, authorizing installation, maintenance or repairs to those measures, performing all official notifications, documenting inspections, and all similar activities are EXCLUDED. The Client shall notify the Contractor in writing of any SWPPP requirements which affect the Contractor’s Work including fuel storage areas, material storage areas, and other specific requirements. The Contractor shall not accept any responsibility for compliance with any SWPPP’s provisions which, in the normal course of operations, are impossible or impractical to implement, or for any jurisdictional citations related thereto. 9. Testing and inspection costs are EXCLUDED. 10. Surveying, construction layout, and control staking are EXCLUDED. 11. Relocation of any existing buried or elevated utilities in conflict with the proposed Work is EXCLUDED. 12. When air temperatures are 35 degrees or less, the Contractor reserves the right to suspend the Work or, as is appropriate, to take specific winter work precautions for the protection and facilitation of the Work. Winter work precaution costs are EXCLUDED. Established production schedules shall be revised when weather conditions interfere with regular production activities. 13. Project protection, including pedestrian safety and traffic control devices such as warning lights, barricades, signage, fencing, flaggers, and traffic control officers. 14. Contractor shall not be responsible for repairing any portion of the Work damaged by Others, or by uses for which the Work was not designed; or for repairing deficiencies not identified on the “final inspection punch list”. The costs of all such repairs are EXCLUDED. 15. When provisions of the Project’s General Contract provide for interest to be calculated and paid on outstanding revenue amounts due under the terms of that Contract, the Contractor will be paid its proportionate share of all interest received by the Client for the Work performed by the Contractor, and the amount will be calculated using the General Contract’s bid prices. PAVING 1. Pavement subgrade to be left +/- 0.10 feet and compacted to specified M&D by the Grading Contractor. 2. Subgrade and grading rock material are EXCLUDED. 3. Structural adjustments of manholes/inlets in the paving shall be made by the Utility Contractor. Final casting adjustment exceeding 0.50 feet is EXCLUDED. 4. Providing and maintaining site accessibility including haul road maintenance is EXCLUDED. Stable and safe haul roads with complete access shall be provided and maintained by Others for all delivery trucks including ready mix and aggregate trucks. 5. This Proposal includes the use of locally-produced raw materials for concrete mixtures. The use of imported raw materials for concrete mixtures is EXCLUDED. The Contractor or its suppliers shall not repair pop-outs or other defects caused by locally-produced raw materials for concrete mixtures. 6. Shade and appearance variations of colored concrete mixtures are normal. The preparation of test panels is recommended, but the panels are only an indication of the mixture’s color family and general shading, and variations will occur in the final product. All the costs of preparing test mixes, panel preparation, and mix adjustment are EXCLUDED. Exact color matches to test panels and/or between successive or multiple pours are not guaranteed. 7. Winter work precautions including pavement protection against freezing, soil treatments, special placement activities for materials, providing and maintaining suitable access, and hot water, heated aggregate, and/or additives for concrete mixes, and similar actions are EXCLUDED. If winter work occurs, cosmetic blemishes to pavement’s surfaces are a normal occurrence. 8. Striping, cleaning, and signage are EXCLUDED. 9. Backfilling. 10. Seeding, sodding, mulching, landscaping, and silt fence maintenance. 11. The Contractor shall not warrant the performance of any subgrade preparation constructed by Others. 12. Pavement cracking does not automatically define a defect in the pavement’s materials or workmanship: See the General Conditions for Warranty Provisions. 13. Failure of the pavement due to overloading is not warranted. 14. Failure of pavement due to settlement failures of trench backfill placed by Others is not warranted. 15. The Client shall not use or permit others to use the paving until its Cure Period has elapsed. Any use of the paving by the Client or others prior to elapse of the paving’s Cure Period voids the paving’s Warranties. 16. The Client shall pay the Contractor for all pavement smoothness and/or thickness incentives received by the Client pertaining to the Contractor’s Work. 17. The Contractor shall pay the Client for any pavement thickness or smoothness-penalties assessed to and paid by the Client pertaining to the Contractor’s Work by applying the penalty rate to the Contractor’s Bid Price included in this Proposal. Alliance Construction Group, L.L.C. Proposal (Continued.) Page 7 Project: Serenity Drive Removal and Replacement Handwork PCC Paving 05/05/20 ACCEPTANCE OF PROPOSAL Any Notice to Proceed with the proposed Work including a verbal notice, received by the Contractor from the Client prior to the execution of this Proposal or the Client’s form of contract constitutes a full and complete acceptance of this Proposal and all of its Provisions including its description of the Work, its scope and prices, the number of mobilizations, and the Proposal’s General Conditions, Special Conditions and Exclusions, and all other conditions included herein, whether the Proposal is signed by the Client or not. Notice to commence the Work by the Client without written execution of this Agreement is for the sole benefit of the Client. The Contractor’s commencement of work on the Project is not an express or implied waiver of any provision, term or condition contained herein, or of the Contractor’s right at law, and is not an express or implied acceptance of any other term, provision, or agreement unless contained herein or agreed to by the Contractor in writing. Any and all changes to this Proposal including, but not limited to, additional terms or provisions, revisions, alterations or modifications to the Proposal’s provisions must be mutually agreed to in writing before they are effective, and could result in a modification to the Proposal’s prices. The Client shall pay the Contractor for all Work performed on the Project in accordance with the prices contained herein, for all Extra Work performed by the Contractor including Client-directed work performed by the Contractor and defined herein as “Excluded”, “Extra”, or to be performed by Others, and for all other costs of any changes made by the Client to the Proposal’s provisions or to the Work. If payment is not made in accordance with the terms and conditions contained herein, the Contractor reserves the right to take all legally-permitted collection-actions as it solely determines to be appropriate. The Client hereby accepts this Proposal, its Description of the Work, and all of its Notes, Terms, Conditions, Provisions, and Exclusions in its entirety, and agrees that it comprises the full, complete and sole Agreement, supersedes and takes precedence over any other agreement, written or spoken, whether claimed to be made before, at the time, or after the date of this Proposal, between the Contractor and Client covering the construction of and payment for the Work as detailed herein. In the event there is a conflict between any subsequently executed agreement and this Proposal, the terms, conditions, provisions, and prices contained in this Proposal shall be binding on both Parties. The Contractor’s decision not to enforce particular provisions contained herein shall not invalidate any other provision contained in the Proposal. All contractual disputes shall be settled in Polk County, Iowa. THE DESCRIPTION OF THE WORK, AND THE NOTES, TERMS, CONDITIONS, PROVISIONS, AND PRICES CONTAINED HEREIN ARE UNDERSTOOD, SATISFACTORY, AND ACCEPTED WITHOUT MODIFICATION BY THE CLIENT, CORPORATELY AND PERSONALLY, AND BY THEIR HEIRS, SUCCESSORS AND ASSIGNS. THE UNDERSIGNED, BY HIS/HER SIGNATURE, REPRESENTS AND WARRANTS THAT THE CLIENT IS FULLY AUTHORIZED BY THE PROJECT’S OWNER TO EXECUTE THIS PROPOSAL; AND THAT THE PERSON SIGNING THIS PROPOSAL HAS THE FULL LEGAL AUTHORITY OF THE CLIENT TO EXECUTE THIS PROPOSAL, AND TO BIND THE CLIENT TO THE OBLIGATIONS CONTAINED HEREIN INCLUDING, BUT NOT LIMITED TO, FULL PAYMENT FOR THE WORK AS SET FORTH HEREIN. CONTRACTOR: CLIENT: City of Waukee ALLIANCE CONSTRUCTION GROUP, LLC 9400 Plum Drive, Suite 100 Urbandale, IA 50322 (check one)  PROJECT’S OWNER/DEVELOPER  GENERAL CONTRACTOR BY: ACCEPTED BY: DATE: TITLE: PHONE: (515) 225-6677 DATE: