Contract: Hillcrest & J udson Walk/Ramp Pro
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MEMORANDUM
October 31,2006
TO:
FROM:
Michael C. Van Milligen, City M~~
Gus Psihoyos, City Engineer ~
SUBJECT: Hillcrest & Judson Streets Walk/Ramp Project
Enclosed is the contract between Max Smith Construction and the City of Dubuque
for the Hillcrest & Judson Streets Walk/Ramp Project.
I have reviewed the documentation and found it to be in order. Ken TeKippe has
approved the Certificate of Liability Insurance to ensure its compliance with the
City's insurance requirements.
I would request that you execute the attached document and return it to my office.
@ cc: Steven Sampson Brown, Project Manager
W Attachs.
D~~%duE
~~~
City of Dubuque
Engineering
50. W. 13th Street
Dubuque, IA 52001
~
(563) 589-4270
(563) 589-4205 FAX
CITY OF DUBUQUE, IOWA
SHORT FORM
IMPROVEMENT CONTRACT
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for reference
purposes between the City of Dubuque, Iowa, by its City Manager, through authority conferred
upon the City Manager by its City Council (City) and
f()~ l/' .s M.', -ht of the City of
// (ConliPctor Name) ~ --,,1 _
r.tl.Doy 1/91. f--Lilfov OLd" jJ+-5 J..oo 4-11 9'7
(Contractors Address - City and State)
For and in consideration of the mutual covenants herein contained, the parties hereto agree
as follows:
CONTRACTOR AGREES:
1. To furnish
Project):
all material aod equipment and to perform all~for (the
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1
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The work described above shall be com
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: 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
~~ , ~ goD ~ .
(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 perfonmance 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 provided in the Contract Documents, the Contractor shall provide evidence of
insurance which meets the requirements of the City's Insurance Schedule for General
Contractors or Artisan Contractors.
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 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 f 1/ ZJ{J()
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF /0 % OF THE ABOVE
LISTED ESTIMATED AMOUNT.
By:
CITY OF DUBUQUE, IOWA
(l1hJ fPtvv.
Michael C. Van Milligen
City Manager
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Date
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PRINCIPAL: LJ
I!M y: ~,. /h ~(Te t.e ~~s-f
Contractor (i .
By: -1 M-t ~ /tJ-3tJ, Of:,
Signature Date
(ViA"- 5M I th"
Printed Name
OWY\~
Title
By:
ACKNOWLEDGEMENT OF ATTACHED
SPECIAL CONDITIONS:
;t(CI-(~ 1'D1~1()k>
Signature Date
jtf A )c S/11/ ,~
Printed Name
~n rv.r
Title
Page 3 of 4
The followinq special conditions shall apply to this Project:
EXAMPLE SPECIAL CONDITIONS:
~ONE )
'-CiR-.
THE CONSTACT SHALL INCLUDE THE ATTACHED DRAWINGS NUMBERED 1,2 AND 3.
OR "A\~
THE CONTRACT SHALL INCLUDE THE ATTACHED MATERIAL SPECIFICATION TITLED "---"
1M _ f' -
REV. 08/06
Page 4 of 4
ACORD CERTIFICA TE OF LIABILITY INSURANCE ~ u-o ~J DATE (MMIDD/YYYYJ
'" ' ,~/dc, 10/04/2006
PROOUCER,_ (563) 583- 577 5 FAX (563) 583- 5779 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wa lJ-Ts, Kunnert I Pri ce & Smith ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
890 Main St. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 176
Dubuque, IA 52004-0176 INSURERS AFFORDING COVERAGE NAIC #
INSURED Max Smlth Construct1on Inc. INSURER A Cincinnati Insurance Co. 10677
PO Box 1199 INSURER 8 Cincinnati Casualty Company 28665
Dubuque, IA 52004-1199 INSURER C
INSURER 0:
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT. 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DO' TYPE OF INSURANce POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
GENERAL LIABILITY PAC13 71909 04/18/2006 04/18/2007 EACH OCCURRENCE , 1,000,000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED , 100,000
I CLAIMS MADE 0 OCCUR MEO EX? (Anyone pl!lrson) , 5,000
A X PERSONAL'!' ADV INJURY , 1,000,000
-
- GENERAL AGGREGATE , 2,000,000
~.~ AGGREGATE WMIT APPUES PER: PRODUCTS. COMF'fOP AGG , 2,000,000
,nPRD. n
POLICY JECT LOC
~TOMOBll.e WASII-ITY CAP5044417AWR 04/18/2006 04/18/2007 COMBINED SINGl.E LIMIT
(Eaaccident) ,
X ANY AUTO 1,000,000
f0-
Al.!. OWNED AUTOS BOOIl. Y INJURY
fo- l
SCHEDUl.ED AlITOS ~, (Per p~rson)
A X ex
HIRED AUTOS ~~0' BODIl. Y INJURY
X ~) ,
NQN..QWNED AlITOS (PeraccidenlJ
-'-'-
- I '" 10 (i P~~AMAGE ,
(Per de
~RAGE LIABILITY I 61" v,l /--Y ~ AUTo ONLY. EA ACCIDENT ,
ANY AUTO V\. V v.. .~ . n{l'-\ D OTHER THAN EA ACC ,
./ AlITa ONl. Y: AGG ,
p~SSlUMBRELl.A l.IABILITY '-- ...........- ~~k "\ :;IX\ EACH OCCURRENCE ,
OCCUR 0 CLAIMS MADE " ,
~~ ]'.0 ~@\ AGGREGATE ,
,
q DEDUCTIBLE V'" ,
RETENTION , ,
WORKERS COMPENSATION AND WC8952299-10 , 04/18/2006 04/18/2007 I WC STAm. I a,;,\',
EMPLOYERS' WABIUTI 100,000
B ANY PROPRIETORIPARTNERJEXEClJTIVE E.L EACH ACCIDENT ,
OFFICERlMEMSER exCLUDED? E.L DISEASE - EA EMPl.OYE , 100 , 000
It yes, dl\!sc:ribe under 500,000
SPECIAL PROVISIONS below E.L DISEASE - POLICY LIMIT ,
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS J VEHICl.ES f EXCLUSIONS AODED BY ENDORSEMENT I SPECIAL PROVISIONS
.11 jobs done by insured for the City of Dubuque
dditional Insureds for this job ONLY: City of Dubuque per Form GA 4113 11/99 & GA 443 1/95 I.
lso attached are Forms GA 4094 1/99, WC 00 03 13, Governmental Immunities Endorsement & CG 25 03 3/97
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXP!RATION DATE THEREOF, THE ISSUING INSURER WILL ~){MAIL
2L DAYS WRITTEN NOTice TO THE CERTIFICATE HOLDER NAMED TO THE l.EFT,
The City of Dubuque I@JtXiXlllltJtll>>XiX~l0OOlllIJ6IOOI'iltk>1l:.\J(lOOIiIIl0:XX
SO West 13th St. ~liXIlllll~l0IlIlI__IfltX_XXXXXXXXX
Dubuque, IA 52001-4864 AUTHORIZED REPRESENTATIVE ~~ . h
. .,),
J. Allen Wall,s III,eIC,CPI
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
/tI e/ - L.d:ze-ra:-
PROJECT INFORMATION REQUIREMENTS FOR
STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES
FOR CONTRACTORS & SUBCONTRACTORS
Submitting Department: E ~q j 11e'-.eri _vy ~~t.
Please complete this form in its entiretv 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.
I Construction Project Name:
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I Project Description:
I Start Date (Bid let date):
I Completion Date:
1. General Prime Contractor:
Contact Name:
Complete Address:
(Include PO Box and Street Information)
City, State, lip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
2. I Subcontractor:
Complete Address:
(Include PO Box and Street Information)
City, State, lip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
3. I Subcontractor:
Complete Address:
(Include PO Box and Streellnformation)
City, State. lip Code
Telephone Number:
Federall.D. Number:
(or Include Social Security Number)
Work Type to be Completed:
T:\FINANCE\FORMS\Sales Tax Exempt Certificate Information Summary 7.21.05.doc