Improvement Contract_Robert Liebfried, Fremont Hgts. Detention BasinCity of Dubuque
Engineering Dept.
50. W. 13`h 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
Robert Leibfried (Contractor) of the City of
(Contractor Name)
888 Barbara Lee Drive, Dubuque, Iowa 52003
(Contractors Address - City and State)
PROJECT TITLE: Fremont Heights Detention Basin Landscape Maiintenance - 2013
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):
Lawn mower, gas, oil, labor, and any other materials and equipment necessary to maintain the landscaping at the Fremont
Heights Detention Basin for the calendar year 2013.
The work described above shall be completed at the following location(s):
Fremont Heights Detention Basin
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
November 29, 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 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. 2 000.00
CONTRACT ESTIMATED AMOUNT $
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 1
LISTED ESTIMATED AMOUNT.
CITY OF DUBUQUE, IOWA
/1
Michael C. Van Milligen Dade
City Manager
% THE ABOVE
CONTRACTOR:
Robert Leibfried
Company Name
Printed Name
Title
CONTRACTOR ACKNOWLEDGEMENT OF
ATTACHED SPECIAL CONDITIONS:
4
By:
Page 3 of 4
Signature
R47 �-� / °! 4- �':.l Vim!` /6
Printed Name
Title
7 4/Pia .
Date
The following special conditions shall apply to this Project:
Contractor shall maintain the attached insurance requirements during the contract period.
Depending on conditions, the contractor will mow the detention basin on average once per week.
The City will inspect the detention basin and compensate the Contractor $50 for each cutting.
The City may terminate the contract for reasons of non - performance or poor workmanship.
REV. 07/07
Page 4 of 4
Chit
f Dubuque insur nce equirements fi r GeneraO, Artis
Contractors, Subc ntract ors or Sub Subcontr ct rs
Class A:
Class B:
Class C:
nce Schedule B.
Asbestos Removal Elevators Piles & Caissons
Concrete Fiber Optics Plumbing
Decking Fire Protection Reinforcement
Demolition Fireproofing Roofing
Earthwork HVAC Sheet Metal
Electrical Paving & Surfacing Site Utilities
Chemical Spraying
Deconstruction
Doors, Window & Glazing
Drywall Systems
Fertilizer Application
Acoustical
Carpet & Resilient Flooring
Caulking & Sealants
General Cleaning
Finish Carpentry
Landscaping
Painting & Wall Covering
Pest Control
Plastering
Grass Cutting
Janitorial
Non Vehicular Snow & Ice
Removal
or Trade
Special construction
Steel
Structural Steel
Rough Carpentry
Stump Grinding
Tree Trimming
Waterproofing
Office Furnishings
Power Washing
Tile & Terrazzo Flooring
Window Washing
1. Contractor shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa 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. Providers
presenting annual certificates shall present a Certificate at the end of each project with the final billing. Each
Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an
equivalent.
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers
shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque.
Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement.
5. Subcontractors and sub subcontractor performing work or service shall provide a Certificate of Insurance in accord
with their respective classification to their contractor.
6. All required endorsements to various policies shall be attached to Certificate of insurance.
7. Whenever an ISO form is referenced the current edition must be used.
8. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or other legal
agreement, in Exhibit I.
Page 1 of 4 Schedule B, General, Artisan Or Trade Contractors, Subcontractors Or Sub Subcontractors February,
2013
City of Dubuque Dnsulrance Requirements f. rr General, Artisan r Trade
Contracts rs, Subcontr iddors or Sub Subcontr cti rs
Insurance Schedule = (c ntinu d)
Exhibit l
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products - Completed Operations Aggregate Limit $2,000,000
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
a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO
commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified.
b) 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.
c) Include endorsement indicating that coverage is primary and non - contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e) Include additional insured endorsement for:
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.
using ISO form CG 2010. Ongoing operations.
f) All contractors shall include The City of Dubuque (per the above verbiage) as an additional insured for completed
operations under ISO form CG 2037 during the project term and for a period of two years after the completion of
the project.
g) Include endorsement that deletes any fellow employee exclusion
B) AUT OMO ILE LIABILITY $1,000,000 (Combined Single Limit)
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by
Iowa code Chapter 85.
Coverage A
Coverage B
Statutory —State of Iowa
Employers Liability
Each Accident $100,000
Each Employee- Disease $100,000
Policy Limit - Disease $500,000
a) Policy shall include an endorsement providing a waiver of subrogation to the City of
Dubuque.
b) Coverage B limits shall be greater if required by Umbrella Carrier.
D) Umbrella Liability
Umbrella liability coverage must be at least following form with the underlying policies included herein.
Class A $10,000,000 (General Contractor)
Class A $3,000,000 (other Sub - Contractors)
Class B $1,000,000
Class C -0-
Page 2 of 4 Schedule B, General, Artisan Or Trade Contractors, Subcontractors Or Sub Subcontractors February,
2013
City of ubuque insur ance equirerr nts for G n r,,B, Artis n or Trade
C. ntrac$ *rs, Subci ntract rs .r Sub Subcontract rs
s rant Sche ui continued
Exhibit i
E) Pollution Liability
Pollution Liability coverage shall be required if project involves any pollution exposures including
abatement of hazardous materials including the removal of lead, asbestos, or PCB's. Pollution product
and complete operations coverage shall also be covered.
$2,000,000 each occurrence
$4,000,000 policy aggregate
a) Policy to include premises and transportation coverage.
b) Include additional insured as stated in Ae above.
c) Include preservation of governmental immunity as stated in Ad above.
F) Railroad Protective Liability
Any agreement for construction or demolition work on or within 50 feet of a railroad
and effecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass, or
crossing for which an easement or license for which an easement or license or
indemnification of the railroad is required, shall require evidence of the following
additional coverages.
Railroad Protective Liability: Per limits required by Railroad or Iowa DOT.
An endorsement to the Commercial General Liability policy equal to ISO CG 2417
(Contractual Liability- Railroads). A copy of this endorsement shall be attached to the
Certificate of Insurance.
Page 3 of 4 Schedule B, General, Artisan Or Trade Contractors, Subcontractors Or Sub Subcontractors February,
2013
City of Dubuque insulr: me Requirements for Ge eras, Artisan or Trade
C.ntractors, Subcontr dtors 1 r Sub SubcoMtract.rs
Preserv< tuan of G vernment 0 immunities Endirsemert
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa
under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time. Those claims not subject to
Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity, and may do so at any time and shall do so upon the timely
written request of the insurance carrier.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa
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, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
Page 4 of 4 Schedule B, General, Artisan Or Trade Contractors, Subcontractors Or Sub Subcontractors February,
2013