Contract: Atlantic St Sidewalk/Driveway/Curb Repair
Dii~%duE
~ck~
MEMORANDUM
October 31,2006
FROM:
Michael C. Van Milligen, City ManW)
Gus Psihoyos, City Engineer J J'>--.= Y
TO:
SUBJECT: Atlantic Street Sidewalk/DrivewaylWater Stop Box/Curbing Repair
Enclosed is the contract between Perry Construction and the City of Dubuque for the
Atlantic Street Sidewalk/DrivewaylWater Stop Box/Curbing Repair.
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 contract and return it to my office.
~c: Steven Sampson Brown, Project Manager
Attachs.
D~~~E
~YN.-~
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
"P f? r r \..1 (./7/7 <<:,ft/lji uh 0 "'1 of the City of
(contra~ame) (. p> ) II I. -r LL S'" 003
/lJb('JI'J ~r-e,,,c1Dm t-lcJ~, I~UJ()iA--t}v~ ~ cr-
(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 all ma,terial and equipment and to perform all labor necessary for (the
Project): !It~~~:::U;~~5h w .:
The work described above shall be completed at the followin
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
IV",;. ,;;>. 0, .;;J.-OCJj. .
(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 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 $ 1::>903
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF /0 % OF THE ABOVE
LISTED ESTIMATED AMOUNT
By:
PRINCIPAL:
Perry Co'~s-fr.uc.-floV1
c~r/ / /J
~#~ 10-3(-0"
Signature ~ Date
By:
CITY OF lCQUE, IOWA
;1h . fJ1{f /
Michael C. Van Milligen
City Manager
!I It Ifr?
Di,lte'
Printed Name
Title
ACKNOWLEDGEMENT OF ATTACHED
~L CONDITIONS:
By: 7' j/~/0-314
Signature ' Date
Printed Name
Title
Page 3 of 4
T f
d
h II
I I h P .
he ollowino special eon Illons s a app y 0 t IS rOJee!:
EXAMPtE-SR,ECIAL CONDITIONS'
( - NONE-/
OR
THE COmiACT SHALL INCLUDE THE ATTACHED DRAWINGS NUMBERED 1,2 AND 3.
OR
THE CONTRACT SHALL INCLUDE THE ATTACHED MATERIAL SPECIFICATION TITLED "--"
.
REV. 08/06
Page 4 of 4
l\~,., t: \: ,\~VC~ ~'... \() 1::./10(.
PROJECT INFORMATION REQUIREMENTS FOR
STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES
FOR CONTRACTORS & SUBCONTRACTORS
Submitting Department:~~i VI ee.-; 1/:7' -:Jiiive-
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.
Construction Project Name:
.Gr"~(..>lt'v-' <'f
Project Description:
~h
yn.
Start Date (Bid let date):
I Completion Date:
//-dO- () [,
1.
General Prime Contractor.
Contact Name:
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number.
Federall.D. Number.
(or Include Sociai Security Number)
Work Type to be Completed: WILl
-fr tA~ f-; 0
~
~-gv{, 5
I.N4 q'Ol liS-7
-c..ci'lcve+"'~ Y'/r/ ILlS Y'~i/r.
t?-1M"b r' yY\ H. e Ii'l<l w:t. /:,-0 "'-
2. Subcontractor.
Complete Address:
(Include PO Box and Street Information)
City, State, Zip Code
Telephone Number.
Federall.D. Number.
(or Include Social Security Number)
Work Type to be Completed:
3. Subcontractor.
Complete Address:
(Include PO Box and Street Information)
City, State, Zip 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
ACORD
'M
CERTIFICATE OF LIABILITY INSURANCE
DArE (MMIDDlYYYY)
09/15/2006
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER (563) 583-5775 FAX (563) 583-5779
Wallis,Kunnert,Price & Smith
890 Main St.
P.O. Box 176
Dubuque, IA 52004-0176
INSUREC Perry Constructlon
John W. Perry DBA
10600 Freedom Ridge Drive
Dubuque, IA 52003
INSURERS AFFORDING COVERAGE
Cincinnati Insurance Co.
Cincinnati Casualty Company
NAIC #
10677
28665
INSURER A
INSURER 8:
INSURER C
INSURER 0:
INSURER E
coveRAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED 'R THE POLICY PERIOO INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WIT' ~ WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS sue -~RMS. EXCLUSIONS AND CONOITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~
I.N~,!{ ,Q.q! TYPE OF INSURANCE POLICY NUMBER POLICY c' -'
~ENeRALUABIUTY PAC3305065 09/ q J
X COMMERCIAL GENeRAL UA8lLIlY
A ,_ 1~'-0~~' -, ~
~L AGGR~UMrr AP~S PER:
I POUCY I I ~~&r I I LOC
~ToMoBILe LIABIUTY
~ ANY AUTO
~ ALL OWNED AUTOS
A X I-- SCHEDULED AUTOS
-.! HIRED AUTOS
~ NON..QWNEO AUTOS
-
LIMITS
'':GURRENCE S 1,000,000
. ~ENTED S 100,00
,
Jperson} S 5,00
,ev INJURY s 1,000,000
,GGREGATE S 2,000,000
~ T5 - COMP/OP AGO S 2,000,000
~Ge UABIUTY
---1 ANY.AUTO
CAA5324449AWR 09/18/2006 09/. ,uMBINED SINGLE LIMIT
(Eaaccident) S
1,000,000
BODILY INJURY S
(Per person}
BODI!. Y INJURY S
(per accident)
PROPERTY DAMAGE S
(Per accident)
AUTO ON!. Y - eA ACCIDENT S
OTHER THAN EA ACC S
AUTO ONLY: AGG S
PAC3305065 09/18/2006 09/18/2007 EACH OCCURRENCE S .1,000,000
AGGREGATE s 1,000,000
s
s
s
WC8960878-10 09/18/2006 09/18/2007 I we STATU., I JOJb"
EL EACH ACCIDENT S 100 , 000
EL DISEASE. EA EMPLOYS $ 100,000
EL. DISEASE - POLICY LIMIT S 500,000
A
~ESSlUMBREI.l.A UABIUTY
~ OCCUR 0 CLAIMS MACE
X
h DEDUCTIBLE
m RCTENT10N S (
B
WORKERS COMPENSATION AND
EMPLOYERS UABIUTY
ANY PROPRIETORlPARTNER/EXECunvE
OFFICERJMEMeER E'<CLUOEO?
Ir yes, describe under
SPECIAL PROVISIONS below
OTHER
OESCRIPTlOl<l 01; OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIOt-lS ADDED BY ENDORSEJI'IENT I SPECIAr... PROVISIONS
e: All Jobs done by Perry Constructlon for the Clty of Dubuque
he City of Dubuque is an Additional Insured on General Liability per Form GA 4113 11/99 & GA 443 1/95
lso attached are forms GA 4094 1/99, WC 00 03 13, CG 25 03 3/97 and Govenmental Immunities Endorsement
CERTIFICATE HOLDER
The City of Dubuque
50 West 13th St.
Dubuque, IA 52001-4864
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~MAIL
-12.- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
~UlC!(Y"""'4'"Y''''''''6XOOIl0lI!''"Y\''OC'''<ltXllll6llIOOllilll6!()(J(
~~Il1lOOII~_XX)()(J(X)(J(X
AUTHORIZED REPRESENTATIVe ~. 1-. . ~
J. Allen Wallis III,CIc,CPIA/ttN~.~
@ACORD CORPORATION 1988
ACORD 25 (2001/08)