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Contract: Walk Repair - 10th & Iowa, Bluff/Locust Sts. D~~~E ~~~ MEMORANDUM October 31, 2006 FROM: Michael C. Van Milligen, CitypP Mna Gus Psihoyos, City Engineer . - - Walk Repair at 10th and Iowa and Bluff/Locust Street Ramps TO: SUBJECT: Enclosed is the contract between Arensdorf Construction and the City of Dubuque for the Walk Repair at 10th and Iowa and Bluff/LocustStreet Ramps. 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 Attachs. .6~" 0- J , ."'-- i5~~~E ~<h.~ ~.'1 I~l. .' ~ ~. City of Dubuque rr- Engineering 50. W. 131h Street Dubuque, IA 5200 (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 Ci anager by 'ts City ouneil City) and L. ' r' }'It.{ - -c "7 0 n of the City of (Co tractor ~e) \'\ I '3"1~S- '0(" "'..rI; c. /Jjll J-n I---f.LJ~t~u.Q.J]:(-I-- 5'0-.00 ':3 (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 and equipment and to perform all labor necessary for (the' II/ad, ~ oj ;tutp,"-~'~ The work described above shall be completed at the following location(s): /O~<>f- ~~r &'-9- ~~ ~ 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 /~/-CJ~ . (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 $ tf 000 I THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 % OF THE ABOVE LISTED ESTIMATED AMOUNT By: CITY OF DUBUQUE, IOWA ~j0~L Micliael C. Van Milligen City Manager /1//0{, , Date By: ~1~)i)<O Date 'DAtU H'H'YI-Sdov-+ Printed Name D<.....V,,--"-i./"' Title By: ignature 'DPM Av'eM <) do r-+ Printed'Name D u..J h. J)-i/" Title Page 3 of 4 The followinq special conditions shall apply to this Project: EXAMp{E SPECIAL CONDITIONS: c5:E/ \ I ./ THE CONSTACT SHALL INCLUDE THE ATTACHED DRAWINGS NUMBERED 1~ Y I OR V v_V THE CONTRACT SHALL INCLUDE THE ATTACHED MATERIAL SPECIFICATION TI(..~i1 "---" .Y REV. 08/06 Page 4 of 4 PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES :~:,~::::~.:~R:; ;~~O;::;ORS rr-- 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. I Construction Project Name: I /O.J.- L cCU/::,-I- g..q~ La ~ I I Project Description: I ~a.i>>J ,~ .. -;} dO . 2J ~ I~I-r;r 'II I Start Date (Bid let date): I / '" -.J..O - 00 I I Completion Date: I / &- - / - 0 (0 I 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 Social Security Number) Work Type to be Completed: o ~ -/379 30~ '5 { d -e.. wa-! K.. Y' r 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:\F1NANCE\FORMS\Sales Tax Exempt Certificate Information Summary 7.21.05.doc ,---- llll/14/20B5 15:1l7 S53582543" RICK <a.LANDER INS PIlI>E !J2 CERTIFICATE OF LIABILITY INSURANCE Arnerlo.:m Family Insurance Company 0 American Family MutuaJ InsuranC9 Company jf :;QJQCtion box is nor checked. aooo American Pky Madlson, Wisconsin 53783--0001 oLc'1D (;;---., lSa.& SUl~5'- f-/tf.-jc::t- Daniel Arensdorf (?'C/l.. QCtR... DBA: Daniel Arensdorf Construction 0 I ~ <u:-s 5c~ t' 8785 Scenic HIli Lane <I f)!l Dubuque,IA 52003-9457 N r, .qL~r-t-,va Q<Cl-)-, CMI~'d- Insured's Name and Addr$SS: Agent's Name, Address and Phoni Number (Agt./Di&t.) Richard Hollander 815 Century Drive Dubuque, IA 52002 (319) 556-3334 (1501722) Thi:s certiflcate is i.ssued as a matlVr of inform.lon only and confer.t no rlghcs upon the Cerrtfic::atIC Holder. This certtflcatQ doo. not amend. extend or alter the covera afforded the lieies "sted below. C.OVERAGES:". ,':i.i.:.;~t:;~~J!i~, ~ . ,j;!' ;,}~}:.Wl;7).:i,;?,::,?,\--,;:<';.::<<:,. I his is to cBfttfy that pollcJe:$ of h'l$UI'IIl1cc lI~ed below havo been Is$ued to thQ insured n8lTlQd above for the DOlley Piirlod indi.CQtod, notwithstanding any requirement, term or condition of any contract or ott'Ier document wtth respect to wNctJ mls certificate may be i~.,ued or may perta.in, the insurancl; afforded the olich:ls described herein i, au 9Ct to all thy lenns, ex.clu:sJom:. and conditions of such 1cl1lK. POUCY TYPE ~ratlon MoO ,Yr TYPE OF INSURANCE POLICY NUMBER UMITS OF LIABILITY Workers Compensation and Employers Uability ~ 14-X20940 1/1412006 1/1412007 B 1y lnjuryand property Oamag9 Each OCcurranc~ eodily Injury and Property Damage liach Occ:urrgnce Bcdily Injury and property Damage each OCl::urrenC9 Farm & Personal Liability Each Occurrence Fann Em I ets Uablll ~ach OcCl,l.frvnce S1aMOf'( Each AccldQnt Dis~ ~ Each Employee clsQaSe - pollc Limit Genettlll Agg,..gatfil Products - Completed Operanons Aggregate Personal and AdvertiSIng Injury Each Occurrenoe Fire Damage (Any One Fire) MedIcal enSQ An One Person Each Occurrenoe .... ... A rate........ Bodily Injury. each Person Bodily Injury. Each AcCldQnt property oarnage Bodily Injury & Property Camage CombinQd ........ Hom'$Ownorsi Mobllehomeowngrs LiabU 6oatownQl'S l..iablllty Parsonsl Umbrella Liability Fttrm/Rench UabUlty General Llebility ISJ Commarclal Gon,,~ Uability (ooourrence) o o 14-)(20940 1/1412006 1/1412001 $ 100,000 $ , 00,000 $ 500,000 $ 2,000,000 $ 2,000,000 $ 1,000,000 $ , ,000,000 $ 100,000 $ 5,000 Bu~ln_SOW'ne'" Uabilitv Automobile Liability o Owned AutOS (Basic foom) o Ownod Autos (Camp loom) o Hired Aut"" o Non-o'Nf'led Auto' o """'90 U.bUlly 14-X2gSS7.o1 5/0812006 5/0812007 $1,000,000 $1,000,000 $1,000,000 Each Occurrence/Aggregate oescnlnlON OF OpeMTIONSIlOCATlONSlVEHICLESiRES'T'RICTIONSISPECIAL !TEMS AddltlonallnSHJrod .. The City of Dubuque, including sUils ektctgd ~nd ~poin1ed officialS, all Its employooc and voIum.-a, alllt3 boarda. t>>rnmls.ione _ndfor 8uthoritin and their board member8. employees and volunteerS. + The tndividu.il.\ ot panners:.shown as 1~l8d have not al~d to b~ COrired as ~mplOyees underthi~ poIfcy. ... +- ProcNCt$-ComPl9tlilld Operation! aggregate is equal to each occumance gmn and 1$ inctud~ in policy aggregate. . CER'T1FICp,tt;,illltO City of DUbuq",a SOW_,J"'S\ Dl,JbuqUG, IA 52001 ,,' . "".f.~ ~ ':Ml~!ihl.~: !;;A,' . I8J Should any at the abOVe described podclQS be oanc9lGd bgfore me e:rpil'a:don daII mereof, thw ct'I'npany will ~ mail -( 10 dllye:) wrlt1an notice to tt1Q Certificate HoldaI' named. . - ... ~ ~. ," . o Thi:s oertifiM coverage on tht <tate of Issufil only. Tne aDove descrlced poPciGS are !.ubject tocancellaticn i(l conformity with their 1Emns and by thg laws ot the state of i~". OA TE ISSUED A EO R A TIV 07/25/2006 ORIGINAL ~ Cartiflc;:ato Holder, COPIES to Services. Insured, U.201 Ed. 11110