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Signed Contract_Snow Removal - Dan Arensdorf Construction Copyrighted January 6, 2020 City of Dubuque Consent Items # 23. ITEM TITLE: Signed Contracts SUMMARY: Snow removal contracts with Dan Arensdorf Construction, Hamel Parking Lot Service, Skyline Construction, and Steffen's Lawn and Snow Service. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Dan Arensdorf Snow Removal Contract Supporting Documentation Hamel Parking Service Snow Removal Contract Supporting Documentation Skyline Construction Snow Removal Contract Supporting Documentation Steffen's Lawn and Snow Service Snow Removal Supporting Documentation Contract Dubuque THE CITY OF � �� AII�A�erica City � � _� w:ncmint.ctvu;u�:ncur: � � � '�r i{ 2007*2Q12�2013 � .1V.Iasterpzeee �n t�ie 11�ississippi zo17*zoi9 '� i :� � TO: Michael C. Van Milligen, City Manager I{ s ,% �,, FROM: Renee Tyler, Director of Transportation Services�'�R � �I, SUBJECT: Snow Removal Contracts !I � De4�'Fo �Pcem�er 17, 2019 ! i � Attached for your consideration and approval are the following four (4) contracts for ,; snow removal for the Transportation Services Department regarding the 2019-2020 '� season: �� 1. Skyline Construction �'j 2. Dan ArensdorF Construction 'I ,� 3. Hammel Parking Lot�Service � � 4. Steffens Lawn and Snow Services !j ',� An RFP process was used. The four vendors bid, awards were based on the best price N for services. � ;i r, If these meet your approval, I would appreciate it if you would please sign the four (4) II contracts and return the original signed contracts to me for processing. �� Thank you. � cc: Jenifer Larson, Finance Director ' Justin Harris-Davis, Transportation Operations Supervisor Russell Stecklein, Transportation Services Field Supervisor ,� E � � � � 9 � CONTRACT DOCUMENTS � � NOTICE TO PROGEED � h hl TO: �''Arensdorf Construction � � ISSUE DATE: 11/19/2019 '�i 8785 Scenic Hill Ln � �� ;, Dubuque, IA 52003 COMMENCEMENT DATE: 11/19/2019 l � � f PROJECT: � Dear Dan Arensdorf: II i j You are hereby notified to commence the work on the Project, on or before the commencement date, �� in accordance with the Contract Documents. The Contract Time shall begin to run on the ;� commencement date -OR- working days will be charged beginning with the commencement date or " on the day work begins, wh�ichever is earlier. f! � i You are required to return an acknowledged copy of this Notice to Proceed to the City. j i� CITY OF pUBI��UE, IOW�A_ ;I w ;,yP� ��`��' 'I By: � (S gnat ia I Renee Tyler ;, Name ° � ) � � � � r' i ,,' Director of Transportation Services �; (Title) ACCEPTANCE OF NOTICE � Receipt of the above Notice to Proceed is hereby acknowledged this day of November, 2019. � PRINCIPAL: . � � ��' Arensdorf Construction ,�..,/�'� � Contractor) By: � E ��. , ��., Signatur � Dan ArensdorF (Name) � President (Title) � � � �yy `�'�E C:ITY C3� �� City of Dubuque , �,� �� Transportation Services Department �� 949 Kerper Blvd � Dubuque, IA 52001 (563) 589-4198 � � I SHORT FORM SERVICE AGREEMENT � � � THIS SERVICE AGREEMENT (the Contract), made in triplicate, between the City of Dubuque, � lowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Skyline Construction (Contractor) of the City of Dubuque, lowa. PROJECT TITLE: Project Name: Snow Removal at City Properties Service Locations and Service Type(s): l 4t" and Central Lot, 5t" and Bell Lot, 5t" and Main Street Lot, 9th and Bluff Lot, � Bluff and 11t" Lot, Bluff and 12t" Lot, Bluff and 5t" Street Lot, Central and 12t" lot, Historic Federal � Building Lot, Ice Harbor Drive lot, Locust and 3rd Street Lot, Main and 3rd Street Lot, Port of Dubuque �' Ramp, Port of Dubuque Surface Lots '�� For and in consideration of the mutual covenants herein contained, the parties hereto agree as �� follows: '' CONTRACTOR AGREES: � I 1 . To furnish all material and equipment and to perform all labor necessary for(the Project) � , as detailed in the Bid Document for snow removal including plowing, shoveling, hauling and related services. Snowfall amounts are measured at the Jule Operations and Training R� Center. `' The work described above shall be completed at the following location(s): 4t" and Central Lot, 5t" and Bell Lot, 5t" and Main Street Lot, 9t" and Bluff Lot, Bluff and 11t" Lot, Bluff and 12t" Lot Bluff and 5t" Street Lot, Central and 12t" lot, Historic Federal Building Lot, Ice Harbor Drive lot, Locust and 3rd �treet Lot, Main and 3rd �treet Lot, Port of Dubuque Ramp, Port of Dubuque Surfiace Lots 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 lowa and ordinances of the City of Dubuque, and in accordance with the Invitation for Bid (IFB) 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. 2. Contract Documents shall mean and include the following: This Contract; all documents and specifications in the IFB for this Project; and the Bid Proposal Form. � y � �I �i� j '�� I i � fl THE CITY AGREES: �, Upon the submission of monthly invoices listing only the exact service performed in the specified �! month, including the dates and times that service was performed; using the provided invoice '� template; and upon review and authorization by the Transportation Services Operations Supervisor; ';�; payment will be authorized based on the amounts listed in the Bid Proposal Form and snowfall �' amounts recorded at The Jule Operations and Training Center (JOTC). ! �� I,� ; � � � � � CITY OF DUBUQUE, IOWA CONTRACTOR: 1 �, I' By: �� Arensdorf Construction ,�`,J�1�,,, '' Michael . Van Milligen D`ate Company Name � City Manager '� ,� � B y: � , �/-�C� � /� Ci � Signatur Date !1 I� Dan Arensdorf I� Printed Name i President � Title �i CONTRACTOR ACKNOWLEDGEMENT OF � ATTACHED FTA CLAUSES: � BY; � /� �_ ��. D��' / `�' Signatur Date � Dan Arensdorf Printed Name President Title � � 3. All materials used by the Contractor 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. Contractor shall complete all work as outlined in the Scope of Services and any work condemned �'� as unsuitable or defective shall be replaced or done anew to the satisfaction of the TSOS at the !; cost and expense of Contractor. � � 5. Contractor has read and understands the Contract Documents and has examined and „ understands the project description described in the IFB Scope of Services and summarized in � Section 1 of this Agreement and any 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 term of the Contract shall be the 2019-20 winter season ;� il 7. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, �c�ntractor sh�ll def��d, ir�dey-r�nify and hold h�rmless City, its officers and emplovees, 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 i 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 Contractor, or anyone directly or li indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless � of whether or not such claim, damage, loss or expense is caused in part by a party indemnified ��I hereunder. !1 �� ; 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, Contractor shall provide i evidence of insurance which meets the requirements of the City's Insurance Schedule M attached �� to this Contract. � � 9. Contractor agrees that no work under fhis Contract shall commence on the Project until the City � has issued a written "Notice to Proceed" to Contractor. Any work started by Contractor or prior the '� issuance of the Notice to Proceed shall be considered unauthorized and done at the sole risk to Contractor. � 10. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, 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. � , � � � � � � � INSURANCE PROViSIONS AND REQUIREMENTS V � i � Schedule M Truck Haulers/ Truck Snow Plowing ! i �� 1. Trucker shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in �� Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. '� Truckers presenting annual certificates shall present a certificate at the end of each project with the final billing. A Each certificate shall be prepared on the most current ACORD form approved by the lowa Department of � Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why � issued. i� I2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all ,; insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. i 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. I� 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of ;i Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this li Agreement. I� 5. Trucker shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of � work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances ��, from all such subcontractors and sub-subcontractors. Trucker agrees that it shall be liable for the failure of a 1 subcontractor and sub-subcontractor to obtain and maintain such coverages. The City may request a copy of � such certificates from the Trucker. II �i 6. All required endorsements to various policies shall be attached to Certificate of insurance. � I 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the approval of the !; Finance Director or subject to the provider identifying and listing in writing all deviations and exclusions that differ � from the ISO form. 8. Trucker shall be required to carry the minimum coverage/limits, or greater if required by law or other legal j agreement, in Exhibit I. If Trucker's limits of liability are higher than the required minimum limits then the ! Trucker's limits shall be this Agreement's required limits { , 9. Whenever an ISO form is referenced the current edition of the form must be used. � 10. Trucker shall be responsible for all deductibles or retention. � � ! � INSURANCE SCHEDULE M (continued) i !; Exhibit I �? A) COMMERCIAL GENERAL LIABILITY j General Aggregate Limit $2,000,000 ' Products-Completed Operations Aggregate Limit $2,000,000 i Personal and Advertising Injury Limit $1,000,000 � Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $ 50,000 Medical Payments $5,000 �II 1) Coverage shall be written on an occurrence, not claims made, form. The general liability � � coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001 or business owners �I form BP 0002 shall be clearly identified. � 2) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or � CG 25 03"Designated Construction Project(s) General Aggregate Limit"as appropriate. � 3) Include endorsement indicating that coverage is primary and non-contributory. ji 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). �� 5) Indude additional insured endorsement for: j The City of Dubuque, including all its elected and appointed officials, all its employees and � volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. Ongoing operations. ,! 6) Policy shall include Waiver of Right to Recover from Others endorsement. 1 I i; B) AUTOMOBILE LIABILITY j 1 Combined Single Limit $1,000,000 � C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutor benefits coverin all em lo ees in'ured on the �ob b accident or disease as rescribed b lowa III'� Y J P Y J 1 Y p Y Code Chapter 85 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 �� Policy Limit-Disease $500,000 , Policy shall include Waiver of Right to Recover from Others endorsement. � D) UMBRELLA/EXCESS LIABILITY $1,000,000 � U X yes _no � Umbrella/excess liability coverage must be at least following form with the underlying policies included � herein tl il i� � P a � PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT � ;I 1. Nonwaiver of Governmentai Immunitv. The insurer expressly agrees and states that the � purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured , does not waive any of the defenses of governmental immunity available to the City of j; Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be 'j amended from time to time. ; �; I� 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only '�i those claims not subject to the defense of governmental immunity under the Code of lowa ;� Section 670.4 as it now exists and as it may be amended from time to time. Those claims not ;j subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this ,; insurance policy. � i� 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for �j asserting any defense of governmental immunity, and may do so at any time and shall do so 'j !,lr�C! ��1(� tlCll@�y��r�#ter. re�ue�t L��?r' !!ISJCpC. �I 4. Non-Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer ` shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this ; policy for reasons of governmental immunity unless and until a court of competent jurisdiction ', has ruled in favor of the defense(s) of governmental immunity asserted by the City of ' Dubuque, lowa. f' i 5. No Other Chanqe in Policv. The above preservation of governmental immunities shall not � otherwise change or alter the coverage available under the policy. Ij j� � i � �a � � ; � y � � � e �