Miss Rvr Discover Center Utility RelocationCITY OF DUBUQUE, IOWA
MEMORANDUM
March 13, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Mississippi River Discovery Center Utility Relocation Project
Public Works Director Mike Koch is recommending award of the contract for the Mississippi
River Discovery Center Utility Relocation Project to the low bidder, McDermott Excavating, in
the amount of $369,864.65.
I concur with the recommendation and respectfully request Mayor and City Council approval.
M~chael C Van Mdhgen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Michael A. Koch, Public Works Director
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 13, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director,~ ~
Mississippi River Discovery Center Utility Relocation Project
INTRODUCTION
The enclosed resolution provides for the award of the construction contract for the
Mississippi River Discovery Center Utility Relocation Project.
BACKGROUND
As part of the 4~th Street Peninsula development and the America's River Project, it
is necessary for the City to relocate underground utilities. Currently, the City's
sanitary sewer and watermain, in addition to several public utilities including Alliant-
Interstate, AT&T and Qwest are located within the proposed development footprint
of the Mississippi River Discovery Center. Ail affected utilities must be relocated
prior to construction of the River Discovery Center.
For the past year, Engineering staff has continued to work with the Historical
Society and their project consultant on the development of the Mississippi River
Discovery Center and the associated City and public utility relocations. IIW
Engineers are the civil engineering consultants on the River Discovery Center
project, and the City has retained IIW under contract to design and prepare
construction plans for the sanitary sewer and watermain utility relocation project.
The development of the utility infrastructure within the 4th Street Peninsula and the
associated America's River Project shall take place in two (2) phases. Phase I shall
include the relocation of both City and public utilities within the proposed footprint
of the Mississippi River Discovery Center, and constructing a new utility
infrastructure corridor. The proposed utility corridor is located through the existing
parking lot, running parallel to the 3rd Street Overpass between the Burlington
Northern Depot Building and Bell Street. Phase II shall include the relocation and
construction of both City and public utilities, north along Bell Street to service the
Hotel and Education Conference Center.
During the project development of the new sanitary sewer and watermain
infrastructure for the 4th Street Peninsula, staff consulted with both the Hotel-Water
Park designers and the consultants for the Discovery Center Museum to determine
estimated peak demand requirements. Based upon the sewer and water loads
projected by the proposed facilities, the design of the new utility infrastructure will
service the existing facilities and yet provide sufficient capacity for growth and
expansion for the future development of the 4th Street Peninsula.
A major component of the America's River Project master plan is the incorporation
and connectivity of information technology between the Discovery Center Museum,
Hotel, Education Conference Center, Riverwalk and Amphitheater. To initiate the
development of this technology component, the Mississippi River Discovery Center
Utility Relocation Project shall include the construction of telecommunications
conduit within the established utility corridor. The design of the
telecommunications infrastructure will provide sufficient capacity for growth and
expansion for the future development of the 4th Street Peninsula.
The development and design of the Phase I utility relocation project required
extensive coordination and cooperation with the affected public utilities. All public
utilities will be required to abandon and relocate their respective utility underground
within the established utility corridor. Staff has recommended that all public utilities
install their respective services to accommodate sufficient capacity for growth and
expansion for the future development of the 4th Street Peninsula.
The existing surface parking lot adjacent to the 3~d Street Overpass, between the
Burlington Northern Depot Building and Bell Street, wilI be under construction and
out of service for the duration of the project. Upon completion of the underground
utility construction, the parking lot pavement will be replaced with a temporary
asphalt surface. The temporary parking surface will be in place through the
duration of the River Discovery Center construction operations. Additionally,
preliminary plans for the reconfiguration of the parking lot, landscaping and lighting
improvements are currently under review.
DISCUSSION
Sealed bids were received for the project on March 8, 2001. The results of the
bidding process are as follows:
McDermott Excavating
Connoliy Construction
W.C. Stewart Construction
Fischer Excavating
Tschiggfrie Excavating
Louie's Trenching Service
Fondell Excavating
$369,864.65
$376,365.55
8377,488.48
8379,819.48
8389,885.55
8392,215.49
8418,316.00
The Iow bid submitted by McDermott Excavating of Dubuque, iowa is 11.4% below
the engineer's estimate. The completion date for the project is June 1, 2001.
RECOMMENDATION
I would recommend that the City Council award the contract for the Mississippi
River Discovery Center Utility Relocation Project to McDermott Excavating of
Dubuque, Iowa, in the amount of 8369,864.65.
BUDGET IMPACT
A summary of the project is as follows:
Estimate Bid
Sanitary Sewer Relocation Construction
Watermain Relocation Construction
Pavement Removal & Replacement
Telecommunication Conduit Construction
8112,200.00
152,900.00
112,800.00
39,700.00
~117,099.61
116,024.30
93,904.15
42,836.59
Construction Cost
~417,600.00
$369,864.65
Contingency (15%)
Engineering (10%)
62,600.00
48,000.00
62,600.00
48,000.00
Total Project Construction Cost
$528,200.00
$480,464.65
The project will be funded with an allocation from the Fiscal Year 2001 Budget
including $324,165 for this phase of the 4th Street Peninsula development utility
relocations and ~126,880 for parking lot removal and improvements. An additional
$29,420 will be used from the Water Replacement Capital Budget to cover the
increased cost for the watermain improvements.
ACTION TO BE TAKEN
The City Council is requested to adoption of the attached resolution awarding the
contract for the Mississippi River Discovery Center Utility Relocation Project to
McDermott Excavating.
Prepared by Robert D. Schiesl, Civil Engineer
cc: Gus Psihoyos, Assistant City Engineer
Pauline Joyce, Administrative Services Manager
Bob Green, Water Plant Manager
Mike Brekke, Water Distribution Supervisor
Gary Sejkora, IIW Engineers & Surveyors
Mike Jansen, IIW Engineers & Surveyors
Tom Oster, IIW Engineers & Surveyors
Jerry Enzler, Mississippi River Museum
Mark Hantelmann, Mississippi River Museum
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
February 14, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Mississippi RiVer Discovery Center Utility Relocation Project
INTRODUCTION
The enclosed resolutions authorize the public bidding procedures for the Mississippi River
Discovery Center Utility Relocation Project.
BACKGROUND
As part of the 4th Street Peninsula development and the America's River Project, it is necessary
for the City to relocate underground utilities. Currently, the City's sanitary sewer and water main,
in addition to several public utilities including Allia~t-Interstate, AT&T and Qwest are located
within the proposed development footprint of the Mississippi River Discovery Center. Ail
affected utilities must be relocated prior to construction of the River Discovery Center.
For the past year, Engineering Staff has continued to work with the Historical Society and their
project consultants on the development of the Mississippi River Discovery Center and the
associated City and public utility relocations. IIW Engineers are the civil engineering consultants
on the River Discovery Center project, and the City has retained ItW under contract to design and
prepare construction plans for the sanitary sewer and water main utility relocation project.
DISCUSSION
The development of the utility infrastructure within the 4th Street Peninsula and the associated
America's River Project shall take place in two (2) phases. Phase I shall include the relocation of
both City and public utilities within the proposed footprint of the Mississippi River Discovery
Center, and constructing a new utility infrastructure corridor. The proposed utility corridor is
located through the existing parking lot, running parallel to the 3rd Street Overpass between the
Burlington Northern Depot Building and Bell Street. Phase II shall include the relocation and
construction of both City and public utilities, north along Bell Street to service the Hotel and
Education Conference Center.
During the project development of the new sanitary sewer and water main infrastructure for the
4th Street Peninsula, staff consulted with both the Hotel-Water Park designers and the consultants
for the Discovery Center Museum to determine estimated peak demand requirements. Based upon
the sewer and water loads projected by the proposed facilities, the design of the new utility
infrastructure will service the existing facilities and yet provide sufficient capacity for growth and
expansion for the future development of the 4th Street Peninsula.
A major component of the America's River Project master plan is the incorporation and
connectivity of information technology between the Discovery Center Museum, Hotel, Education
Conference Center, Riverwalk and Amphitheater. To initiate the development of this technology
component, the Mississippi River Discovery Center Utility Relocation Project shall include the
construction of telecommunications conduit within the established utility corridor. The design of
the telecommunications infrastructure will provide sufficient capacity for growth and expansion
for the future development of the 4th Street Peninsula.
The development and design of the Phase I utility relocation project required extensive
co6rdination and cooperation with the affected public utilities. All public utilities will be required
to abandon and relocate their respective utility underground within the established utility corridor.
Staff has recommended that all public utilities install their respective services to accommodate
sufficient capacity for growth and expansion for the future development of the 4th Street
Peninsula.
The existing surface parking lot adjacent to the 3rd Street Overpass, between the Burlington
Northern Depot Building and Bell Street, will be under construction and out of service for the
duration of the project. Upon completion of the underground utility construction, the parking lot
pavement will be replaced with a temporary asphalt surface. The temporary parking surface will
be in-place through the duration of the River Discovery Center construction operations.
Additionally, preliminary plans for the reconfiguration of the parking lot, landscaping and
lighting improvements are currently under reviexv.
PROJECTSCHEDULE
The schedule for the Mississippi River Discovery Center Utility Relocation Project will be as
follows:
Advertisement for Bids
Notice of Public Hearing on Plans
and Specifications
Receipt of Bids
Public Hearing
Award of Contract
Completion Date
February 23, 2001
March 2,2001
March 8, 2001
March I9, 200l
March 19, 200l
Jane I, 2001
RECOMMENDATION
I would recommend that the City Council establish the date for the public heating, and authorize
the City Clerk to advertise for proposals for the Mississippi River Discovery Center Utility
Relocation Project.
BUDGETIMPACT.
The construction cost estimate for the Mississippi River Discovery Center Utility Relocation
Project is as follows:
Sanitary Sewer Relocation Construction
Water Main Relocation Construction
Pavement Removal & Replacement
Telecommunication Conduit Construction
$112,200
$152,900
$112,800
$ 39,700
Construction Estimate
$417,600
Contingency (15 %)
Engineering (10%)
$ 62,600
$ 48,000
Total Project Construction Estimate $528,200
The project will be funded with an allocation from the Fiscal Year 2001 Budget included
$324,165 for this phase of the 4th Street Peninsula development utility relocation in addition to
$126,880 for parking lot removal and improvements. An additional $77,500 will be used from the
Water Replacement Capital Budget to cover the increased cost for the water main improvements.
ACTION TO BE TAKEN
The City Council is requested to establish the date for the public hearing and to authorize the City
Clerk to advertise for proposals through adoption of the attached resolutions.
Prepared by Robert D. Schiesl, Civil Engineer
cc: Gus Psihoyos, Assistant City Engineer
Pauline Joyce, Administrative Services Manager
Bob Green, Water Plant Manager
Mike Brekke, Water Distribution Supervisor
Gary Sejkora, IIW Engineers & Surveyors
Mike Jansen, IIW Engineers & Surveyors
Tom Oster, IIW Engineers & Surveyors
Jerry Enzler, Mississippi River Museum
Mark Hantelmarm, Mississippi River Museum
Prepared by: Michael A. Koch, Public Works Director
Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO 101-01
RESOLUTION ADOPTING PLANS AND SPECIFICATIONS
Whereas, on the 14~ day of February, 2001, plans, specifications, form of contract
and estimated cost were filed with the City Clerk of Dubuque, Iowa for the Mississippi River
Discovery Center Utility Relocation Project.
Whereas, notice of hearing on plans, specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of contract and estimated cost are hereby
approved as the plans, specifications, form of contract and estimated cost for said
improvements for said project.
Passed, adopted and approved this 19th day of
March ,2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Michael A. Koch, Public Works Director Address: 50 W. 13m Street, Dubuque, IA 52001-4864
RESOLUTION NO.102-01
AWARDING CONTRACT
Whereas, sealed proposals have been submitted by contractors for the
Mississippi River Discovery Center Utility Relocation Project pursuant to
Resolution No. and notice to bidders published in a newspaper published
in the City of Dubuque, Iowa on the 23rd day of February, 2001.
Whereas, said sealed proposals were opened and read on the 8th day of
March, 2001, and it has been determined that the bid of McDermott Excavating
of Dubuque, Iowa, in the amount of $369,864.65 was the lowest bid for the
furnishings of all labor and materials and performing the work as provided for in
the plans and specifications.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the contract for the above improvement be awarded to McDermott
Excavating and the Manager be and is hereby directed to execute a contract on
behalf of the City of Dubuque for the complete performance of the work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the approval of the contractor's
bond, the City Treasurer is authorized and instructed to return the bid deposits of
the unsuccessful bidders.
Passed, approved and adopted this 19th day of
March ,2001.
Terrance M. Duggan, Mayor
Attest:
this 19th day of
Jeanne F. Schneider, City Clerk
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CITY OF DUBUQUE, IOWA
MEMORANDUM
February 15, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, Ci~' Manager
Mississippi River Discove~ Center Utility Relocation Project
Public Works Director Mike Koch is recommending that a public hearing be set for March 19,
2001 to consider the Mississippi River DiscoveD, Center Utility Relocation Project.
concur with the recommendation and respectfully request Mayor and City Council approval.
Mi/zhael C. Vain Milligen
MCVM/jh
Attachment
cc: Barry t_indahl, Corporation Counsel
Tim ~Xlocrman~ Assistant City Manager
Michael A, Koch, Public Works Director
CITY OF DUBUQUE, IOWA
CONTRACTOR'S IMPROVEMENT BOND
KNOWN ALL MEN BY THESE PRESENTS: That McDermott Excavating as
Principal and Merchants Bonding Company (Mutual) Des Moines, IAas Surety are held
firmly bound unto the City of Dubuque, Iowa, in the penal sum of $369,864.65 the same
being 100% of the total price of the contract for the public improvement herein referred to,
lawful money of the United States of America, well and truly to be paid to said City of
Dubuque, and to all other parties who, under the provisions of the laws of iowa, are
intended to be protected and secured hereby for which payment we bind ourselves, our
heirs, executors, successors and assigns, jointly and severally by these presents.
Dated at Dubuque, Iowa, this day of March , _ 2001
and duly attested and sealed.
WHEREAS, the said Contractor by a written contract has agreed with said City of
Dubuque to perform all labor and furnish all materials required to be performed and
furnished for the Mississippi River Discovery Center Utility Relocation Project according to
the contract and plans and specifications prepared therefor; and
WHEREAS, the Contractor is required to promptly pay all claims for labor and
materials furnished in the performance of the contract and also to save harmless said City
from damage claims to person and property arising through the performance of the work;
and
WHEREAS, said Contractor is obligated and bound by his contract to keep and
maintain said improvement in good repair for a period of two (2) years after acceptance of
the same by the City Council of said City and this bond shall be security therefor.
NOW, THEREFORE, the condition of this obligation is such that if the said
Contractor shall perform all of the work contemplated by the Contract in a workmanlike
manner and in strict compliance with the plans and specifications, and will pay all claims for
labor and materials used in connection with said improvement, the indemnify the said City
for all damages, costs and expense incurred by reason of damages to persons or property
arising through the performance of said Contract, and will reimburse the City for any outlay
of money which it may be required to make in order to complete said Contract according to
the plans and specifications and will maintain in good repair said improvement for the
period specified in the Contract where this bond is obligated for maintenance, and will
faithfully comply with all of the provisions of Section 573 of the Code of iowa, then this
obligation shall be null and void, otherwise it shall remain in full force and effect.
All the conditions of this bond must be fully complied with before the principal or his
surety will be released.
The Contract, Contractor's Proposal, and plans and specifications shall be
considered as a part of this Bond just as if their terms were repeated herein.
Dated at Dubuque, iowa, this 22nd day of March , 2001
McDermott Excavating
Principal
Pr~
Merchants Bonding Company (Mutual)
//~'ttorney in Fact
Attorney in Fact
Merchants Bonding Company
(Mutual)
POWER OF ATTORNEY
Know Alt Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly orgsnized under
the ~ws of the State of iowa, and having its principal office in the City of Des Metnes, CounbJ of Polk, State of iowa, hath made,
constituted and appointed, and does by these presents make, constifute and appoint
J. Allen Wallis III, Fred J. Kunnert, Jerry L. Price, William H. Smith
of Dubuque and State of Iowa tis true and lawfu~ ABorn·y-ts-Fact, with full power
and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf as surety any
and all bonds, undehakings, recognizances or other wdtten obligagons in the nature thereof, subject to the Hmitation that any such
instrument shaft not exceed the amount of.
TWO MILLION FIVE HUNDRED THOUSAND ($2,S00,000.00) DOLLARS
and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as if such bond or
undertaking was signed by the duly authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL). md all the acts of
said Attorney-in-Fact, pursuant to the authority herein given, are hereby rafitied and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the foitowing Amended Substituted and Restated By-
Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on October 3,1992.
ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretsry shaft have power and
authpaty to appoint Attorneys-in-Fact, and to authorize them to execute on beheff of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature
thereof.
ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimits
to any Power of Attorney or Certification thereof authodzJog the execugon and delivery of any bond, undertaking,
recognizance, or other suretyship obtigations of the Company, and such signature and seal when so used shall have the
same force and effect as though manually fixed.
In W'~ ess What·of, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and
its corporate seal to be hereto a~xed, this 1 day of Ju.,3¢ , 2000 .
'' ~.~- '-~" ~-'.~d'; ' · MERCHANTS BONDING COMPANY (MUTUAL)
· · 1933 :~. By
· ,.?,~. ..',~.
STATE OF IOWA
COUNTY OF pOLK ss.
On this I day of June 2000 . before me appeared Larry Taylor, to
me pemonaliy known, who being by me duly sworn did say that he is President of th; MERCHANTS BONDING COMPANY (MUTUAL),
the corporation described in the foregoing thetmmeffi, and that the Seal affixed to the said instrument is the Corporate Sea of the said
Corporat on and tho. the said instrument was ~igned aid sealed in behalf of said Corporation by authority of its Board of Directors.
In Testimony Whet·off I have hereunto set my hand and affixed my Official Seal a[ the City of Des Mom·s, iowa, the day and year first
above written.
...':'::;:::'.-,
.........
· ~ f' %.. ~ ~. NotaryPubfic, Polk County. Iowa
: { iOWA ! :
:. '.....,.-.' .:
tA'-'
STATE OF IOWA
COUNTY OF pOLK ss.
1, William Warner, Jr,, Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby cerfif7 that the above and foregoing
is a [rue and correct cpay of the POWER-OF-ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is
still in force and effecL
In W'~ ess Whereof, I have hereupto set my hand and affixed the seal of the C~mpany on
this 22nd dayof March 2001, -' ~' '~'-' -.
. u
· _: 1933 : ~.
Secretary
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTRACT
ARTICLES OF AGREEMENT, made in triplicate, this day of
__, , between the City of Dubuque, a Municipal Corporation of
Dubuque County, Iowa, by its Manager, through authority conferred upon him by its
Council, hereinafter called "City" and McDermott Excavating of the City of Dubuque, Iowa,
hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the mutual covenants herein
contained, the parties hereto do agree with each other as fellows:
THE CONTRACTOR AGREES:
I. To furnish all material and equipment and to perform all labor necessary for the
Mississippi River Discovery Center Utility Relocation Project.
Said improvement is to be made to the established grade and to the grades as
shown on the profiles and cross sections on file in the City Engineer's office for this
improvement; 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", all of which provisions and documents are each and all hereby
referred to and made a part of this Contract just as much as if the detail statements thereof
were repeated herein.
II. The term "Contract Documents" as used herein shall mean and include the
following: All ordinances and resolutions heretofore adopted bythe City Council having to
do with the improvements; the Notice to Bidders; the Contractor's Proposal; and the Plans,
Specifications, and General Requirements as adopted by the City Council for this
improvement.
III. That all materials shall be the best of their several kinds and shall be put in place
to the satisfaction of the City Manager.
IV. That the Contractor will remove any materials rejected by the Engineer 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 Engineer at the cost and
expense of the Contractor.
V. Five percent (5%) of the Contract price shall be retained by the City for a period
of thirty (30) days after final completion and acceptance of the work by the City Council 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. 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.
VI. That the Contractor has read and understands the specifications including
"General Requirements" and has examined and understands the plans herein referred to
and agrees not to plead misunderstanding or deception because of estimates of quantity,
character, location or other conditions surrounding the same.
VII. That in addition to the guarantee provided for in the specifications, the
Contractor will also make good any other defect in any part of the work due to improper
construction notwithstanding the fact that said work may have been accepted and fully paid
for by the City, and his bond shall be security therefor.
VIII. That the Contractor will fully complete the work under this Contract on or
before June 1, 2001.
IX. That the Contractor shall indemnify, defend and save harmless the City from
and against any and all claims, suits, loss, cost, charges, expense and counsel fees in any
way arising from or through the negligence, want of care or fault of the Contractor or his
agents, servants or employees in the conduct or construction of said work and any
judgment which may be obtained against said City upon claims arising out of the conduct
or prosecution of said work shall be conclusive evidence against said Contractor as the
amount thereof and liability of said Contractor therefor, and said Contractor further agrees
that so much of the monies due said Contractor under and by virtue of this Contract shall
be considered necessary by the City may be retained by the City until all suits or claims for
such damages shall have been settled and evidence to that effect furnished to the
satisfaction of the City. The bond of the Contractor shall be security for the payment of
such damages.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the improvement by the
City Council, the City agrees to pay 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 plans
and specifications is approximate only and the final payment shall be made by the work
covered by the Contract.
CONTRACT AMOUNT $369,864.65
FURTHER CONDITIONS
The Contractor hereby represents and guarantees that he has not, nor has any
other person for or in his behalf, directly or indirectly, entered into any arrangement or
agreement with any other bidder, or with any public officer, whereby he has paid or is to
pay any other bidder or public officer any sum of money or anything of value whatever in
order to obtain this Contract; and he has not, nor has another person for or in his behalf
directly or indirectly, entered into any agreement or arrangement with any other person,
firm, corporation or association which tends to or does lessen or destroy free competition in
the letting of this Contract and agrees that in case it hereafter be established that such
representations or guarantees, or any of them are false, he will forfeit and pay not less than
ten percent (10%) of the Contract price but in no event be less than $300.00 (Three
Hundred Dollars) as liquidated damages to the City.
The surety on the bond furnished for this Contract, shall in addition to all other
provisions, be obligated to the extent provided for by Section 573.6 of the Code of Iowa,
relating to this Contract, which provisions apply to said bond.
The Contractor agrees, and his bond shall be surety therefore, that he will keep and
maintain said improvement in good repair for a period of two (2) years after acceptance of
the same by the City Council of said City and his bond shall be security therefor.
IN WITNESS HEREOF, the respective parties hereto have caused this instrument to
be duly subscribed and sealed and executed in triplicate the day and year first above
written.
CITY OF DI~BCQ4JE, IOWf/.¢
Contractor
CERTIFICATE OF CITY CLERK
This is to certify that a cad copy of the above Contract has been filed in my office on
the ¢.~_-p/X~, day of ~,~.~.-/ , ~/ · ,
~_¢ft'y Clerk
ACO RD CERTIFICATE OF LIABILITY INSURANCE
PRO DIICER (319)583-5775
Wall~s,Kunnert,Price & Smith
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
890 Town C3ock Plaza
P.O. Box 176
Dubuque, ZA 52004-0176
14391 Hwy 20 ~est
Dubuque, IA 52003-9240
COVERAGE~
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
[NSURER.~ General Casualty Company
INSURER B:
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANy REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE iSSUED OR
MAY PERTAIN, THE iNSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE (MM/DD/YY LIMITS
GENERAJ. LIABILITY :CZ0087444
COMMERCIAL GENERAL LIABILITY
CLAIMSMADE [] OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
AUTOMOBILE LIABILITY 'BAO087444
EXCESS LIABILiT~ .'CT0087444
__lOCCUR F~ CLAIMS MADE
OTHER
01/01/2001
01/01/2001
01/01/2001
01/01/2002
01/01/2002
01/01/2002
M~ssiss~pp~ River D~s¢overy Center Utility Relocation Project
EACH OCCURRENCE ]-, 000,000I
FIRE DAMAGE (Any one fire} $ 50 ~ 001'1
I
1,000,000
1,000,000
1,000,000
1,000,000
3,000,000
TORY LIM~S
E.L. EACH ACCIDENT
E.L. DISEASE - I
E.L. DISEASE. POLICY LIMIT
3,000,000
100,000
100,000
500,00(
Che City of Dubuque ~s named Addit4onal Znsured for th~s job ONLY
CEI~ I I>ICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER __
The City of Dubuque
50 West 13th Bt.
Dubuque, ZA 52001-4864
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE I~UING COMPANY WILL ~[V/~E;j~L~~ MAIL
~ 0 DAY~ WRITrEN NOTICE TO THE CERTIFICATE BOLDER NAMED TO THE LEFT,
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endomement(s).
If SU. BROGATION IS WAIVED, subjec{ to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer dghts to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
NOTICE TO PROCEED
TO: McDermott Excavating
14391 Hi,qhway 20 ~st
Dubuque, IA 52003
DATE: March 23, 2001
PROJECT: City of Dubuque, Iowa
Mississippi River Discovery Center
Utility Relocation
You are hereby notified to commence work in accordance with the Contract dated ~rch 27
20 O._i_i, on or before April 6 ,2001 , and you are to complete the work by June 1,
2001, subject to time extensions as may be granted.
You are required to remm an acknowledged copy of this Notice to Proceed to the Owner.
OWNER
City of Dubuque, Iowa
N~2vIE Robert Schiesl
~I~LE Civil Engineer
Signature
Type or Pr/nt
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by
this the ,~O';''h day of //~]drC/l ,20 O I ·
H-I