Signed Contracts_Tricon Construction HVAC Contract Form 3ttkydl g/3
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CITY OF DUBUQUE, IOWA IMPROVEMENT CONTRACT
HVAC SYSTEM IMPROVEMENTS - DUBUQUE CITY HALL
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference purposes the
26th day of November, 2011, between the City of Dubuque, Iowa, by its City Manager, through authority
conferred upon the City Manager by its City Council (City) and Tricon General Construction of the City
of Dubuque, IA.
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 HVAC System
Improvements — Dubuque City Hall (the Project).
The Project shall 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 Project; 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 Document shall 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.
2. Contract Documents shall mean and include the following: This Improvement Contract, the Project
Manual, all ordinances and resolutions heretofore adopted by the City Council having to do with the
Project; the Notice to Bidders; the Contractor's Proposal; and the Plans, 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 shall be retained by the City for a period of thirty (30) days
after final completion and acceptance of the Project 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, 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 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.
7. In addition to the guarantee provided for in the specifications, the Contractor shall also make good any
other defect in any part of the Project due to improper construction notwithstanding the fact that said
Project may have been accepted and fully paid for by the City, and the Contractor's bond shall be security
therefore.
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8. The Contractor shall fully complete the Project under this Contract on or before the date indicated in
the Notice to Bidders.
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City from
and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising
out of or resulting from performance of the 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 (other
than the Project itself) including loss of use resulting there from, but only to the extent caused in whole or
in part by negligent acts or omissions of the Contractor, the Contractor's subcontractor, or anyone directly
or indirectly employed by the Contractor or the Contractor's subcontractor or anyone for whose acts the
Contractor or the Contractor's subcontractor may be liable, regardless of whether or not such claim,
damage, loss or expense is caused in part by a party indemnified hereunder.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City Council, 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 plans and specifications is approximate only and the final payment shall be made by the work
covered by the Contract.
CONTRACT AMOUNT: $ 684,323
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FURTFIER CONDITIONS
The Contractor hereby represents and guarantees that it has not, nor has any other person for or in
its behalf, directly or indirectly, entered into any arrangement or agreement with any other bidder, or
with any public officer, whereby it 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 it has not, nor has another
person for or in its 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, it will forfeit and pay not less than ten percent (10 %) of the Contract
price but in no event be less than $2,000.00 (Two Thousand Dollars) as liquidated damages to the City.
The surety or the bond furnished for this Contract, shall in addition to all other provisions, be obligated to
the extent provided for by Iowa Code § 573.6, relating to this Contract, which provisions apply to said
bond.
The Contractor agrees, and its bond shall be surety therefore, that it will keep and maintain the
Project in good repair for a period of two years after acceptance of the same by the City Council and its
bond shall be security therefore.
CITY OF DU]QUE, IOWA
By:
City Manager
PRINCIPAL
7721e0A1 ONM -L CottlabAengil
Contractor
Signature
Title
Ronald L Richard
Owner
Certificate of City Clerk
This ' to certi that a certified copy of the above Contract has been filed in my office on th day of
, 2011.
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