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Contract: Hillcrest & J udson Walk/Ramp Pro D~~~E ~<k~ 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 ~~V~ ~A11~ ,A 1 ~,~ 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 /(!/tl Date \t'~ ~ 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: AJ(U/~ #- J:A~ ~ W~ ~ JU~ I, (J-;;J5J- of, I /;).-/-~ooL, ~.u;;f:- ..;- Jd~ I I I 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