Improvement Contracts / Performance, Payment and Maintenance_McDermott Excavating for Pressure Reducing Valve Valut ProjectCity of Dubuque
City Council Meeting
Consent Items # 19.
Copyrighted
February 21, 2022
ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance
Bonds
SUMMARY: McDermott Excavating for Pressure Reducing Valve Vault Project.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
Description Type
Pressure Reducing Valve Vault Project Supporting Documentation
THE CITY OF
DCityom.T�E Dubuque
u Engineering Department
50. W. 13"' Street
Masterpiece on the Mississippi Dubuque, lA 52001
(563) 589-4270
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
McDermott Excavating (Contractor) of the City of Dubuque
(Contractor Name)
11672 Airborne Road, Dubuque, Iowa 52003
(Contractors Address - City and State)
PROJECT TITLE: PRESSURE REDUCING VALVE VAULT PROJECT
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):
The Pressure Reducing Valve Vault project in accordance with the Request for Bids
document and associated construction plans.
The work described above shall be completed at the following location(s):
Daisy Trail at the Kennedy Road Intersection.
The Project shall be constructed to the meet the requirements as described in this Project
Contract and the attached special conditions; 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 5
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 SUDAS Standard Specifications (Current Edition)
including but not limited to Division 1: General Provisions and Covenants and the City of Dubuque
Supplemental Specifications — Division 1 (Current Edition), 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
10 March 2022
(DATE)
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, 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 therefrom, 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.
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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.
11. 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.
12. The City of Dubuque, State of Iowa and Department of Justice have entered into a Consent
Decree requiring the City to complete certain capital improvements pursuant to an established
schedule and to comply with certain capital improvements pursuant to an established schedule
and to comply with certain reporting and recordkeeping requirements. One of the terms of the
Consent Order is for the City to advise contractors whose duties might reasonably include
compliance with any provision of the Consent Decree with a copy of the Consent Decree. The
City expects its contractors to comply with the Consent Decree and to assist the City in complying
with the Consent Decree. As a requirement of this Contract, the Contractor shall execute and
return to the City Exhibit A that is attached to this Contract.
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.
CONTRACT ESTIMATED AMOUNT $74,835.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 15% OF THE
ABOVE LISTED ESTIMATED AMOUNT.
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CITY OF DUBUQUE, IOWA CONTRACTOR:
By: S%�i"02/04/2022_ McDermott Excavating
Mi hael C. Van Milligen Date C any Name
City Manager .
gy: (, 2/2/22
ignature Date
Jason C. McDermott
Printed Name
Supervisor
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By:
Signature Date
Printed Name
Title
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The tollowina speciai conaitions snail appiv to tnis v
Addendum No. 1
Line item 30 changed from 21 VF to 8 VF
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REV. 07/18