Signed Contracts_Radford Road Concrete Pavement Repair Project Tf[E CITY OF
DT T� � Ci�y of Dubuque
LJ Public Works Department
925 Kerper Court
M�tsterpiece ar� Efie ��'(issi��i�pi Dubuque, 1A 52001
(583) 589-4250
CITY OF DUBUQUE, IOWA
SHORT FORM
VENDOR SERVICE AGREEMENT
THIS VENDOR SERVICE AGREEMENT (the Cantract), made in triplicate, between the City
of Dubuqu�, lawa (City), by its City Manager, tl�rough authority con#erred upon the City Manager
by its City Counc�l and
Mc�ermott Exca�ating (Vendor)� ie�-f�d�-�t-
(Vendor Name)
11672 Airborne Raad, Qubuque, lowa 52003
(Vendor Address-City and State)
PROJECT TiTLE: RADFORD ROAD C�NCRETE PAVEMENT REPAIR PROJECT
Far and in consideration of th� mutual co�enants herein contained, the parties hereto agree as
follows;
V�NDOR AGREES:
1. To furnish ali eq�aipment ar�d to perform all labor necessary for (the Project}:
R�move anci replace concrete pavement on Radford Raad betweer� Camelot and
Red Violet Dr, in the north bound [ine. Price includes Mol�ilization, traffic control, concrete
Sawin , removal and dis osal af concrete, rade ancf com act existin stone base, drill,
c�owel, and place new concfete 7" thick, �ackfili curb with dirt and seed.
Repair ar�as are identified �n white markings ar�d equal ta an estimated 140 SY.
The Project shall be campleted in strict accordance with the terms as described in this Contract;
in strict accordance with the requirements of the laws of#he Sta#e of lowa anc! ordinances of the
City af Dubuque, and in accordance with tl�� Reauest For Proposal (RFP) Qacuments which
prflvisions ar�d dac�ments are each and all hereby re�erred to and made a part of this Contract
just as much as if the detail�d statements ther�of wer� repeated herein.
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�2. Contrac# Documents shail mean artd include the followir�g: This Cor�trac#; all ardinances and
resalutions heretofar� adapted by the City Council hav�ng �o do witl� this Project; fihe Vendar'�
Pro�osai; and any, I'lans and Specifica�inns and Ger�era! Requir�ment� a� adopt�d by the Ci'ty
Council for the Projecf which are listed in the Special Cnr�d9tions s�ction of this Contra�t.
3. A!I ma#erials used by t�e Vendar an this Project shall be af the qu�lifiy r�quir�d by tl�e Contract
Docurnents and shal� be pufi in pl�ce in accardance with �h� Confract Do��aments.
4. The Vendar shall remo�e any materials rejected by�he City Manager as defecti�e or improper,
ar any of safd work candemned a� unsuEta�le or defec'�i�e, and the same shafl be replaced or
dane anew t4#he s�tisfactlon o#th� City Nl�nager at the c��t and expense��'th� Ver�dor.
5. '�he Vendrrr has r�ad and und�rstand� the Contract Doc�aments and h�s exarriined and
understands the praJect description described in Section 1 af this Agresment and any at�ach�d
Spec�al �ondi�iar�s herein�referred to and agrees riat to plead misunderstanding or dece�tinn
because of e�timates of q�antifiy, c�arac#�r, location or other cvrtdition� surroun�mg the same.
6. The Vendor shafl �ully cornplete tf�e Project under thls Contrac�on or �efore
Augus� �. 2023 --- . .
(f3AT�)
7, INDEMN�FICATION FROM THIRf� PA�.TY GLAIMS. To the fuHest eyct�nt permltted by �aw,
Vendor sha�l d�fend, 9ndemnify and hold I�arm�ess City, i�s officers and ernplaye�s, from and
against�if claims, damages, lo�s�s and expenses claimed by t�9rd parties, but not inc[uding any .
claims, d�mages, fos��s or expenses of�he parties to this Contr�ct, Encluc�ing but nafi Eimited �a
at�arneys` fees, arising oufi o�o� resu#ting from perFormance o�F tl�is Cantract, �ra�ided that �uch
claim, damages, loss or ex�er�se is attri�t��abl� to bodily i�jury, sickness, disease or death, nr
injury ta or destruction of property, includ9ng loss of�se r�sulfir�g therefrom, but anly to the extent
cau�ed in whole or in p�rt by negllgen�acts or omissior�s af Vendar, or anyone direcfly�r indlrectly
empfoyed by Vendor ar �nyane for whnse acts Vendor may �e fiab�e, regardless of whefher or
�ot such cfaim, damage, loss or expen�e is caus�d in part by� par[y ind�mnified hereunder.
8. Uniess atherwls� s�eci�ed in fhe Gonfract Documents, �r�ar to the aommencement o���ty work
ar�this Pro)ecf and at alf times during the perForm�nce of thi� Confract, the Vendor shall pmvide
evidence a�insuranc�which meets th�� requirements of the Ci�y's Insuran�e Schedule attached
tn this Gontrac'�and listed in fhe Speciaf Condif�ar�s sectian.
9. T�e Vendor agrees that na work under fihis Cantract s�all commence on the Project unfiil fihe City
� has issued a wri�ten "f�otic�ta Praceed"to fihe Vendor. Ar�y work�farted by th�Vendor priar th�
issuance af the N�tice fio Procee�! sh�ll be cons9dered unau�horfzed and clone a�#he sale risk fio
tne Vendor.
10. The City of C��buque in accordance with Title Vl of tl�e Civil Rights Act af 1964, 78 Sfia�. 252, 42
: U.S.C. 200Qd-200qd-4 and Title 49, Code of F'edera! Regulations, De�artment of Trartsportatiar�,
Subtitle A, Office of the S�cretary, Part 21, Nor�discrimination in Feder��fy assisted �rograms of
�h� De�aartmenf af Transporkation iss�aed pursuan�tp such Act, h�reby noti�es all bidde��hat i�
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will affirmativefy insure that in any contraet entered into pursuant to this advertisement, minority
business enterprises wil! be afforded fufl opportunity to submit bids in res}�onse to this invitation
and will not b� discr�minated against on the grounds af race, cofor, national origin, sex, age, ar
disa#�ility 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 compEete 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 pro�ided for in the Cantract Documents. The wark as stated in tne
Contract Documen#s is approximate onfy, ar�d tfi�e final payment shall be macle for �he actual work
campleted as listed below in this Contract.
CONTRACT AMOUNT $ 22,540.OQ [140 SY [a�. $161.00�
CITY OF DUBUQUE, IOWA VEN�OR:
By: � McDermvtt Excavating
ichael C. Van M�Iligen Date Com�any Name
City Manager
By: � i 6122123
gnature Date
Jason G. McDermott
Printed Name
Su ervisor
Title
VENDQR AGKNOWLE�GEMENT OF
ATTACHED SPECIAL CONDITIONS•
B : �, i��F� 6I22123
Y
gnature Date
Jason C. McDermatt
Printed Name
Super�isor
____
Title
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The followin � ecial Condition�shall a pl to this Pro"ect:
ANY SU�GRADE STABLIZ�TION WILL BE CHARGE�AT A TIME ANC� IVI�1`I'ERIAL FiA7E
AGREED BY GITY A�1D �4NTRACTOR AND WILL BE ADD T�THE GONTRA�T CC�S'T.
! ANY ADDlTIdNA�WORK VIlILL �E CHAFtGED AT THE P�I� SC�.I'D. F�ATE
;
REV. 07118
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