Improvement Contract_Max Smith, E. 16th St. Utility ProjectCity of Dubuque
Engineering Dept.
50. W. 13th Street
Masterpiece on the Mississippi Dubuque, IA 52001
(563) 589 -4270
(563) 589 -4205 FAX
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
Max Smith Construction (Contractor) of the City of
(Contractor Name)
PO Box 1199 or 1255 Washington Street, Dubuque, Iowa 52001
(Contractors Address - City and State)
PROJECT TITLE: 508 East 16th Street Utility 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):
- Install 3/4" water service and 4" sewer lateral to existing Park Division Maintenance Garage in the Lower Bee Branch area.
- Insurance per City and State requirements.
The work described above shall be completed at the following location(s):
Install approximately 150 lineal feet of 3/4" copper water line and approximately 50 lineal feet of 4" PVC sewer lateral to
Park Division Maintenance Garage. Backfill all areas and return to existing grade.
The Project shall be constructed to the existing grades and to any revised grades as described
in this Project contract; 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 4
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 City of Dubuque Standard Specifications
including General Requirements 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
May 24, 2013
(DATE)
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.
Page 2 of 4
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.
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 $ 4,490.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 1 0
By:
Michael C. Van-Milligen
City Manager
CITY OF DUBUQUE, IOWA
/
LISTED ESTIMATED AMOUNT.
CONTRACTOR:
Max Smith Construction
a - Company
By:
% OF THE ABOVE
Signature
Max Smith
Printed Name
o
Title
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CONTRACTOR ACKNOWLEDGEMENT OF
ATTACH SPECIAL CONDITIONS:
By: jo-y, Ai 3 L3
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Sig ature Date
Page 3 of 4
Max Smith
Printed Name
0.3 kedi-/-
Title
The following special conditions shall apply to this Project:
The attached bid proposal of April 15, 2013 is part of this contract.
REV. 07/07
Page 4 of 4
MAX SMITH CONSTRUCTION CO., INC.
PO. BOX 1199
DUBUQUE, IA 52004 -1199
(563) 556- 5042 '-
(563) 590 -0144 CELL
PROP SAL SUBMITT D TO
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PROPOSA L
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JOB LOCATION
DATE OF PLANS
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We hereby submit specifications and estimates for:
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We Propose hereby to furnish materrii%I and I bor - complete in accordance with above specifications, for the sum op,-.
dollars ($
Payment to be made as follows:
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All material is guaranteed to be as specified. All work to be completed in a substantial workmanlike
manner according to specifications submitted per standard practices. Any alteration or deviation
from above specifications involving extra costs will be executed only upon written orders, and will
become an extra charge over and above the estimate. All agreements contingent upon strikes,
accidents, or delays beyond our control. Owner to carry fire, tornado and other necessary insurance.
Our workers are fully covered by Workman's Compensation Insurance. Our firm is not responsible for
shrinkage cracks or any other concrete cracking.
Acceptance of Proposal s The above prices,
specifications and conditions are satisfactory and are hereby accepted.
You are authorized to do the work as specified. Payment will be made
as outlined above.
Date of Acceptance: r
Authorized
Signature
Note: This proposal may be withdrawn
by us if not accepted within
days
Signature
Signature