Signed Contract_Fischer Brothers, Sutton Pool Water Slide RefinishingMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Sutton Pool Water Slide, CIP #101 -1153
DATE: March 27, 2012
INTRODUCTION
Dubuque
bital
AII- AmericaCitpy
' I
2007
The purpose of this memo is to request your approval and signature on the attached
short form improvement contract for the Sutton Pool water slide.
BACKGROUND
The FY 2012 Recreation Division C.I.P. budget includes a $20,000 project for the
refinishing of the interior and exterior of the water slide at Sutton Pool. Price quotes
were obtained from two firms that specialize in the completion of this type of renovations
on water slides.
Fischer Brothers, LLC
Slide Care, LLC
Eau Clair, WI
Avon, OH
$ 19,500
$ 29,339
We also discussed the project with Colonial Painting of Dubuque using products
purchased from Slide Care but Colonial owner Herb Klinkhammer felt the required work
was unique and did not want to attempt the project.
This project will be attempted to be completed this spring prior to filling Sutton Pool,
providing weather conditions permit. If delayed the project would be accomplished in
the fall of 2012.
ACTION REQUESTED
Please sign the attached public improvement contract and return to me.
MLW:et
attachment
prepared by Patrick J. Prevenas, Recreation Division Manager
Masterpiece on the Mississippi
City of Dubuque
Engineering Dept.
50. W. 131" Street
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
k- 4�,e_�. 1� ✓o s l t (Contractor) of the City of
(Contractor Name) �j \ ipk-
\ \ 2S S- v -v ✓ 1 --- tUJ1 .
(Contractors Address - City and State)
PROJECT TITLE: W.A- .�A,..,1\��,,�
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):
\ o £ D
\1∎1
The work described above shall be completed at the following location(s):
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
ZLe_ 2_ o vZ-
(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 Tess 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 $1‘ \ e1 k SOO • °°
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF % OF THE ABOVE
LISTED ESTIMATED AMOUNT. \# . b c.�wh9ovr1¢✓"enA4,
CITY OF DUB QUE, IOWA
By:
Michael O' Van Milligen late
City Manager
CONTRACTOR:
Company Name
By: /.) y Oi�_ 3/21 /12
Signature Date
Printed Name
L x.ec 4-4 I' SS ;Is Li
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
By:
Page 3 of 4
Signature
Printed Name
Title
Date
The following special conditions shall apply to this Project:
?v o 9s".e...
s P z,.t,.A,.>e.V%-c> ,A...'W.y No -t_. v•cce es
Ikk v i‘l
C-ov vs c
o Ss-- p ✓1 -_c_ -.
—1---\^—,e_
Crk vva.. \ v` \--e
; ov
Svc-. .e..e
vZ;A
--
V.0...1 e_ cok— i
.:\
..,..,Z \\
,A_fl
c\n.'
\o-e_ v.oi-kit.-4-cz bll-e....,
v\z •c.e-k se..y -e.. (-- °)-e .
c- 0 -Q-A'
v'e- --sw ,IS; V\9 w i \\
REV. 07/07
Page 4 of 4
PROJECT INFORMATION REQUIREMENTS FOR
STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES
FOR CONTRACTORS & SUBCONTRACTORS
Submitting Department: ENGINEERING DEPARTMENT
Please complete this form in its entirety and submit along with the executed Construction Contracts,
Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa
Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow
for the purchase or inventory withdrawal of materials for the specified Construction Project free from State
of Iowa Sales Tax.
Construction Project Name:
Project Description:
\.10z-lc-e-11 S \. '
Start Date (Bid let date):
tX# 20 V2
Completion Date:
ZLrz, 20■2
1. General Prime Contractor:
5 c.��v evoS. \` L
Complete Address:
(Inclu. e - • :. • . • := .. rmation)
Contact Name:
'Q�ay.e...a... �+'s�\ ...e _ ✓ t O`d -`1 (1- 5 79.0
Complete Address:
(Include PO Box and Street Information)
k \ 2S S'cz.v v A.v -..-
■talk Al . +A Ea.' C\ CU `r'e»
\ SLA 1' 3
City, State, Zip Code
It
1' •
Telephone Number:
-1 k — `, 39 - 15c
Federal I.D. Number:
(or Include Social Security Number)
a(Q - a6¢3$o$ a
Work Type to be Completed:
wu,,4 - -s i, c.1-e ve ra 4-7 `co
2. Subcontractor:
Complete Address:
(Inclu. e - • :. • . • := .. rmation)
City, State, Zip Code
Telephone Number:
Federal I.D. N er:
(or Inc a Social Security Number)
ork Type to be Completed:
2
From:Ronda Kuecker FaxID :Westland Insurance Date:3 /21/2012 03:17 PM Page: 1 of 1
FISCH -5
OP ID: RJ
A�.... --- �^ CERTIFICATE OF LIABILITY INSURANCE
DATE 03 /21DIYYYYy
03!21!12
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Ileu of such endorsement(s).
PRODUCER 608 - 784 -2775
Onalaska - Westland Insurance
1844 E Main St 608- 374 -5303
Onalaska, WI 54650
Trent J Lee, CIC
CONTACT
NAME:
AIC No Ext): FAX No):
E -MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC I1
INSURERA: Endurance American Specialty
LIABILITY
COMMERCIAL GENERAL LIABILITY
INSURED Fischer Bros LLC
50669 East Street
Osseo, WI 54758
INSURER B:Acuity
14184
INSURER c : Liberty Mutual Insurance Co.
01/22/13
INSURER D: Princeton Excess & Surplus
$ 1,000,000
INSURER E :
$ 100,000
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
AUUL
INSR
SUHH
WVD
POLICY NUMBER
POLICY EFF
(MMIDDIYYYY)
POLICY EXP
(MMIDDIYYYYL
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
CMC10000601702
•
01/22/12
01/22/13
EACH OCCURRENCE
$ 1,000,000
VIIWE a oN uE- rrbence)
$ 100,000
CLAIMS -MADE
X
OCCUR
MED EXP (Any one person)
$ 2,500
PERSONAL &ADVINJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
—I POLICY n E n LOC
PRODUCTS- COMP /OP AGG
$ 2,000,000
$
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED
AUTOS
HIRED AUTOS
SCHEDULED
AUTOS
NON -OWNED
AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
D
X
UMBRELLALIAB
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
82A3FF000018500
01/22/12
01/22/13
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4,000,000
DED 1 X RETENTION $ 0
$
C
WORKERS COMPENSATION
EMPLOYERS' LIABILITY Y 1 N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
Ifyes, describe under
DESCRIPTION OF OPERATIONS below
N1
WC134S515489021
05/13/11
05/13/12
W
X CSTATU- 10TH-
TORY LIMITS ER
1
E.L. EACH ACCIDENT
$ 100,000
E.L. DISEASE- EA EMPLOYEE
$ 100,000
E.L. DISEASE- POLICY LIMIT
$ 500,000
B
Equipment Floater
L98256
01/22/12
01/22(13
Misc Tool 20,000
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
•
CERTIFICATE HOLDER
Patrick Prevenas
2200 Bunker Hill Road
Dubuque, IA 52001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Trent J Lee, CIC
ACORD 25 (2010/05)
@ 1988 -2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD