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Arendsdorf Const Contractrr-r c~rY car= Dui CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT City of Dubuque Engineering 50. W. 13th Street Dubuque, IA 52001 (563) 589-4270 (563) 589-4205 FAX 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 Arensdorf Construction (Contractor) (Contractor Name) of the City of 8785 Scenic Hill Lane, Dubuque IA 52003 (Contractor Address -City and State) PROJECT TITLE: 2006-2007 Snow Removal 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): snow removal from public right-of-way and may include salting, chopping, hauling The work described above shall be completed at the following location(s): where ever directed by City Engineering staff 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 suchclaims 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 May 1, 2007 (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 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 $ $20.00/hour THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF % OF THE ABOVE LISTED ESTIMATED AMOUNT. CITY OF DU UQUE, IOWA PRINCIPAL: ~f ~. By: G f /~ ~ ~a Q Arensdorf Construction ichael C. Van Milligen Date Contras r .. City Manager By: / o ~ gnature at Dan Arensdorf Printed Name Owner Title ACKNOWLEDGEMENT OF ATTACHED SP L ONDITIO S: BY~ ~ I D( nature a e Dan Arensdorf Printed Name Owner Title Page 3 of 4 The following special conditions shall apply to this Project: Any additional equipment usage must be approved by City Engineering. Equipment such as backhoe, trucks for hauli REV. 12/06 Page 4 of 4 02i02I2007 15:13 5635526434 AMERICAN FAMILY RICK HOLLANDF_P, INS P~u'E 01 -~ppu,,~,9 ~ R'~~~~~~7 ttl~~8~0~ Richard Hollander 815 Century Drive Dubuque,lA 52002 Phone: (563) 556-3334 Fax: (563) 582-6434 E-mall: rholland~amfam.cam To: City Engineering Division Date: Z/2/07 Attn: Jane Smith Time: 03:15 PM Fax #: 589-4205 Phone#: 589-4159 # of Pages: 5 (including this page) From: Richard Hollander Re: Dan Arensdorf Construction Message: As we talked about on the phone, CG 2037 is not available because products and completed operations are included in Dan's CGL policy that the City of Dubuque will be endorsed on as an additional insured. Richard Hollander 02;'02!200' 15:13 5635826434 RICK HOLL~NL~ER INS PAGE 02 CEFiTIFiCATE OF LIABILITY INSURANCE American Family Insurance Company L] American Family Mutual Insurance Company if selection box is not checked. 6000 American Pky Madigan, 1Ntsconsin 53783-0001 Insured's Name and Address Agent's Name, Address and Phone Number (AgtJDist.) Daniel & Lou Ann Arenstlorf Rick Hollander Agency (563} 556-3334 8785 SCanic Hi11 Ln Century Plaza • 615 Century Dr Dubuque, IA 52003.9457 Dubuque, IA 52002-3707 (150/722} This cerfificatA is issued ae a matter of information only and canf9t's no rights upon the Cert'tfit:ate Holder. This ceRifieate does not amend, extend or Aker the coverage afforded by tf+e pdiciea listod below. - y~,Y,, w:i!L•'{4;' ::i. r~~'•!A` [7". ~s. >rqy:fin. a'.~ ~,-. -w6,~.;ta,,a,,:, :C2;:!~IC~s'- ;:r;,;...;:~;~-- - ~~. . ~~. A n,al;k,~!+ •rl.,:t~'l,~'. •5~. r9. -~i'.f..~" 7(: '4 fi' J .P Thle W t0 CeNty ShAt pdidse 01 M°VranCa istad fxlow have trgen I~:uad m 115e irkUred Hamad nDOre for the Pdlcy paned ix5cated, ndtwltltstnntlirlg any rogdrament. term or CtX+dglpi d any COntrgpt or plM+ar daamanl wiM rebpect t0 whkh ll+is certincale may oe k:uad or may penatn, tnv (nwrance eMdraea ~ me pataee claeeroea narrtn a avbiect to se the tome, exdve~ona, ana oondiao.+a d auCn paiuaa. Y pA TYPE OF INSURANCE POLICY NUMBER ~ ry n N LIMfT'S GF LIABILI'T'Y ~ Mo ~a O Homeowners/ ~N Infury and Property Damags Mobilehomaowners Liability ~~ txcurrorxa S ,000 Boatowners L.iabllfty eo0ry tNury °nd PrOp°"y °in1°g° Each Ocamence $ ,000 Personal Umbrella Liability ~N INtny and Property Damage Baca Ocamerrce S ,000 Farm/Ranch Uability F°rm ability 8 Personal uY g Each gocurrertce ,000 farm Employers Lisbi6ly Eadt OCQJnenca S 000 Workers Compensation and statutoy •+F+r<r•::fe:w,r Employers Liability t 96-00 14-X20940 1/14/2007 1/14/2 08 Ea`r'ACgO°nt $ 100 '000 - 0 Die6a66 - EaU~ Employee $ 100 ,000 olaeaee-Poncyl,intil S 500.000 Goneral Liability oeneralgogregefe ~ 2.000 000 ® Commercial General Produas • comPlBtea o rations r $ 2,000 000 Liability (occurronca) 1a-X2osao o7 00 1/ia/2oa7 1/ia zoos ooraonal and Atl~eroa 1 u S 1.000 ^ - - / EachOOCt,n®nca 3 1,000 000 ^ Damn to Premises Rented to You $ 100 000 RReAml P~ansa tAny pne Parr.[wt ~ 5 Husinesaownara Liability Each ooeunencat t $ ,000 Apprepata1'f' S ,000 Liquor LiAbilky common caws t.tma $ .000 Agprogata Llmq 5 ,000 Automobile Liability t3odly try'ury - Eedr Parson 3 1,000 .000 ^ -Any Auro ® All Owned Autos 13oa1y vyuy • ties, Aodaern ~ 1, 000 ,000 ^ Scheduled Autos ~ 4-X29557-01-00 5/8/2006 5/8/2007 m D rm $ ^ Hired Auto ag. pelty a 1,000 ,Ot)D ^ fUOnowned Autos ^ eodny Injury and PlVperty Damage t:omDatW ,000 Excess Liability ^ Cottxnefcial Blanket Exce59 Each Occurreneo/Aggrepate $ Opp Other iMiacallanaou>s Coveraaeat SEE ATTACHED SHEt1' DESCAfP110N TIONS / LOCg7l /VEHICLES / A CTtONS / sPE A MS t ma ktdividual or paRrwrs shown as Insured !] Have Have not ' CI r`r Or DUBUQUE NON VEMiCULAR SNOW REMOVAL aaCOGd b tie Wrered es emdoyavs under tole DOacY• t fi PtoQUCtz-CamPleteO opevtlprj aggregate is squat to eadr oeatrrence IllrW and n ind40ed In pony aggregate. ~'3!.'µ~G~~•`Nr''1~r~~;:G j~IF` ~,f~3 ASS.7,t "~~y•/~r-. F '~`t'~r'::s~:~;:~i • ,.!~'~~ .~:~'~ .,:1', ,,.S~~tQ. 4:ir . :r:rr .~: :;;.•` 'k CANCBLIJITPON • CITY OF DUBUQUE Should tiny of !lie above described ~olicier be erxncelled before the i h ti l h il d t ' 50 W 13TH ST ra on ereo , t ewmpa ny w exp a e t l endeavor to mail ( 30 days) wntten notice t th tifi C t H ld l d b f DUBUQUE IA 52001 o er ca o er name e . ure to mail suet ut ai notice shall impose no obligation or IiabillN of any king upon the i company, ts agents or representatives. 0 days artless different nu e f d r o ays wn. ^ This certifies coverage en the date of issue only. The above dtascrt'bed policies arc subject to canoQllation in conformity with their terms and by the laws of the of issue. UED A Ta 2/2/2007 - -- U-201 >_d. 5/00 Certificate Holder Stock No. 08668 Rev. 7102 D2/©2/2©07 15:13 5635°26434 RICK HOLLANDER INS PAGE 03 DESCRIPTION OP OI'EF~ATIONS/I..OCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS THE CT1.'Y OF DUBUQUE INCLUDING ALL ITS ELECTED AND APPOINTED OFFICIALS, ALL TI'S EMPLOYEES AND VOLUNTEERS, ALL ITS BOARDS, COMMISSIONS AND/OR AUTHORITIES AND THEIR BUAKU MEMBERS, EMPLOYEES ,AND VOLUNTEERS SHALL BE NAMED AS ADDTTIONAL INSURED, INCLUDING ONGOING AND COMPLETED OPERATIONS CG 2010 0704 OR EQUNALENT. GENF,RAL LIABII.TTY POLICY IS PRIMARY AND NON CONTRIBUTIlVG. FORM CG 2503 0397 IS INCLUDED. THE WORKERS COMPENSATION c~ EMPLOYERS LIABILTTY POLICY IS ENDOFSEll TO INCLUDE CITY OF DUBUQUE ON THE WAIVER OF OUIZ RIGHTS TO RECOVER FROM OTHERS LND W00003. THE CGL COVERAGE PART IS ENDORSED TO INCLUDE CITY OF DUBUQUE ON THE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US END CG 2404.