Signed Contract_McDermott Excavating for the Briarwood Subdivision Water ConnectionCity of Dubuque
City Council Meeting
Consent Items # 010.
Copyrighted
February 20, 2023
ITEM TITLE: Signed Contract(s)
SUMMARY: Carrico Aquatic Resources, Inc. for the Sutton Pool Filter Replacement;
McDermott Excavating for the Briarwood Subdivision Water Connection.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Briarwood Subdi\Asion Water Connection Supporting Documentation
Sutton Pool Filter Replacement Supporting Documentation
THE CITY OF
DU_P_Utg�IE
Masterpiece on the Mississippi
City of Dubuque
Water Department
925 Kerper Court
Dubuque, 1A 52001
(563) 589-4292
THIS VENDOR SERVICE AGREEMENT (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 (Vendor) of the City of
(Vendor Name)
Dubuque, Iowa
(Vendor Address - City and State)
PROJECT TITLE: BRIARWOOD SUBDIVISION WATER CONNECTION
City of Dubuque, Dubuque County, Iowa
For and in consideration of the mutual covenants herein contained, the parties hereto agree as
follows:
VENDOR AGREES:
1. To furnish all material and equipment and to perform all labor necessary for (the Project):
Install approximately 414' of 6" diameter C900 DR-1 4 PVC water main from existing water
main stub located near 15379 White Oak Drive (Cedar Crest Subdivision) and ending with a
fire hydrant assembly located at the cul-de-sac near 15461 Southwood Ct (Briarwood
Subdivision). After pressure and bacteriological testing on this water main has been
completed, a 2" water tap will be made near the Briarwood subdivision pump house, and a
copper service line will be routed and connected to the water line feeding the pump house.
In the pump house, a new pressure reducing valve, meter, backflow device and any
associated components needed to complete the water connection to be installed thereby
completing the connection to Briarwoods private water distribution system. The project also
includes several trees that will have to be removed that are in the path of the new water
main extension. All work to be per the construction drawings titled "Briarwood Subdivision
Water Connection" consisting of 12 sheets and dated 12/21/22 and City of Dubuque Water
Distribution Division Standards and Specifications 2011 Edition for Water Mains and
Appurtenances.
The work described above shall be completed at the following location(s): easement areas
between Cedar Crest Subdivision (adjacent addresses; 15421 White Oak Drive & 15379
White Oak Drive) and Briarwood Subdivision (adjacent addresses; 15461 Southwood Court
& 15460 Southwood Court).
The Project shall be completed in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of the State of Iowa and ordinances of the
City of Dubuque, and in accordance with the Construction Documents and Notice to Bidders
Page 1 of 4
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 Contract; all ordinances and
resolutions heretofore adopted by the City Council having to do with this Project; the Vendor's
Proposal; and any, Plans and Specifications and General Requirements as adopted by the City
Council for the Project which are listed in the Special Conditions section of this Contract.
3. All materials used by the Vendor on this Project shall be of the quality required by the Contract
Documents and shall be put in place in accordance with the Contract Documents.
4. The Vendor 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 Vendor.
5. The Vendor has read and understands the Contract Documents and has examined and
understands the project description described in Section 1 of this Agreement 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.
6. The Vendor shall substantially complete the Project under this Contract on or before
April23,2023 ' . Substantial completion is defined as the water
connection being installed, tested, and functional. Final surface restoration shall be completed
as weather permits.
7. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law,
Vendor 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 Vendor. or anyone directly or indirectly
employed by Vendor or anyone for whose acts Vendor may be Ii able, regardless of whether or
not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.
8. Unless otherwise specified in the Contract Documents, prior to the commencement of any work
on this Project and at all times during the performance of this Contract, the Vendor shall provide
evidence of insurance which meets the requirements of the City's Insurance Schedule attached
to this Contract and listed in the Special Conditions section.
9. The Vendor agrees that no work under this Contract shall commence on the Project until the City
has issued a written "Notice to Proceed" to the Vendor. Any work started by the Vendor prior the
issuance of the Notice to Proceed shall be considered unauthorized and done at the sole risk to
the Vendor.
11. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 20OOd-20OOd-4 and Title 49, Code of Federal Regulations, Department of Transportation,
Page 2 of 4
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.
THE CITY AGREES:
Upon the completion of this Contract, and the acceptance of the Project by the City Manager,
the City agrees to pay the Vendor as full compensation for the complete performance of this Contract,
the amount determined for the total work completed at the prices stated in the Vendor's Proposal
and less any liquidated damages provided for in the Contract Documents. The work as stated in the
Contract Documents is approximate only, and the final payment shall be made for the actual work
completed as listed below in this Contract.
CONTRACT AMOUNT (Base Bid and Alternates) $ 76,783.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE� LIMITED TO AN INCREASE OF 20% OF THE ABOVE LISTED
ESTIMATED AMOUNT
CITY OF DUBUQUE, IOWA
By:/—/'12z&,AjCZ kL A&,,, 02/03/2023
Michael C. Van 0-11—ig`en Date
City Manager
VENDOR:
McDermoft Excavating
ny Name
a r /" ��l /6 /2 3
B: '�—. I
tu
4-g n Zat u re Date
Jason C. McDermott
Printed Name
Supervisor
Title
VENDOR ACKNOWLEDGEMENT OF
ATTA ED SPECIAL =CONDITION
W
By: C. 1/6/23
;gnature Date
Jason C. McDermott
Printed Name
Supervisor
Title
Page 3 of 4
The following Special Conditions shall apply to this Project:
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
INSURANCE PROVISIONS
REV. 12/17
Page 4 of 4