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Eagle Point Bluff Scaling_Tree Removal AwardTHE CTTY OF DUB E Masterpiece an the Mississippi MEMORANDUM October 3, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Award of Contract for the Eagle Point Bluff Scaling & Tree Removal Project City Engineer Gus Psihoyos is recommending award of the contract for the Eagle Point Bluff Scaling and Tree Removal Project to the only bidder, Hi-Tech Rockfall Construction, Inc in the amount of $100,300.00. I concur with the recommendation and respectfully request Mayor and City Council approval. Mich el C. Van Milligen MCVM/LW Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi October 3, 2007 TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer v . SUBJECT: Award of Contract for the Eagle Point Bluff Scaling & Tree Removal Project (CIP 1021825) INTRODUCTION The purpose of this memo is to seek authorization to hire Hi-Tech Rockfall Construction, Inc. to scale the loose rock and remove trees from the brow of the Eagle Point Bluff (CIP 1021825). BACKGROUND On May 2, 2005, the City Council approved the selection of Kleinfelder, Inc. to provide professional consulting services for the Eagle Point Bluff Study. Kleinfelder found that there is a high level of risk of a large-scale failure; and the risk has been increased because of the 2003 excavation that steepened the slope from 75 to 80 degrees and increased the height from 35 to 60 feet. While they found no fault with the actual blasting operation, striking the rock face with a track hoe and wrecking ball "exacerbated the instability of the rock slope." Kleinfelder made recommendations to stabilize the bluff based on the use of the property below the bluff: commercial, residential, or undeveloped. Scaling loose rocks and removing trees from the brow of the bluff is recommended regardless of the use of the property below the bluff. In a letter from Kleinfelder dated January 16, 2006, Kleinfelder recommended that the City "scale the loose rocks from the complete bluff face to reduce the risk of rock fall and remove trees from the brow of the slope to reduce the prying action by trees" that can induce additional rock fall. In a letter dated March 6, 2006, Kleinfelder's presents its professional opinion that "there is a high probability that an additional rock fall event may occur." Although the City has implemented Kleinfelder's recommendations to have the area below the bluff fenced off to the public and Engineering regularly inspects the site, Kleinfelder asserts that the possibility of injury (from a rock fall) remains. They recommend that the City "scale the loose rocks from the rock cut ...and remove trees from the brow of the slope." In May of 2006, the City Council authorized hiring Kleinfelder & Associates to help develop bid documents to scale loose rocks and remove trees from the brow of the slope and inspect the work as it is performed. In October, 2006, the City Council initiated the public bidding process for the Eagle Point Bluff Scaling & Tree Removal Project. No bids were received on the project at that time. Engineering contacted three specialized contractors who routinely perform rock scaling operations: Hi-Tech Rockfall Construction (Forest Grove, Oregon), Janod, Inc. (Champlain, New York), and Yenter (Arvada, Colorado). To them, Dubuque's project is a small project. According to the specialized contractors, their workloads made it impractical to pull crews from current jobs to perform the work on Dubuque's schedule. Two of the contractors indicated that a better schedule would be after the first of the year. The third indicated that a March or April schedule would work best. On December 18, 2006, the City Council authorized the public bidding process for the Eagle Point Bluff Scaling & Tree Removal Project with a completion date of April 20, 2007. Only Hi-Tech Rockfall Construction, Inc. of Forest Grove (Oregon) submitted a bid. It was in the amount of $230,150.00, 360.76% over the estimate of probable cost. In February of 2007, the City Council rejected the bid. DISCUSSION Due to the specialized nature of the rock scaling, a specialized contractor is required to perform the work. The first two times that the project was bid, the contract documents called for tree removal, rock scaling, and debris removal. To reduce the project cost, the City can take advantage of local contractors for the debris removal. In August of 2007, the Engineering Department took bids for a service contract to scale loose rocks and remove trees from the brow of the slope. Once again, only Hi-Tech Rockfall Construction submitted a bid. It was for $100,300.00. The estimate to remove the debris following the tree removal and rock scaling is $10,000.00. The total project cost is as follows: Tree Removal & Rock Scaling Service Contract $100,300.00 Debris Removal 10,000.00 Engineering 15,000.00 Total Cost $125,300.00 The work is to be completed by November 30, 2007. RECOMMENDATION Kleinfelder asserts that the possibility of injury (from a rock fall) remains. They recommend that the City "scale the loose rocks from the rock cut ...and remove trees from the brow of the slope." I recommend that the City hire Hi-Tech Rockfall Construction, Inc. to remove the trees and scale the loose rocks from the face of the Eagle Point Bluff. BUDGET IMPACT The project would be funded with the FY2007 Capital Improvement Program appropriation of $265,000 for the Eagle Point Bluff Stabilization Project (CIP 1021825). ACTION TO BE TAKEN I respectfully request authorization for the City Manager execute a service contract with Hi-Tech Rockfall Construction in the amount of $100,300.00 for the scaling of loose rocks from the face of the bluff and tree removal from the brow of the bluff. Prepared by Deron Muehring cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director Deron Muehring, Civil Engineer II Attach. THE CITY OF EAGLE POINT BLUFF SCALING & TREE REMOVAL PROJECT C I P N O. 1021825 SERVICE CONTRACT CITY OF DUBUQUE ENGINEERING DIVISION DUBUQUE, IOWA THE CITY OF DuB uE Masterpiece on the Mississippi City of Dubuque Engineering Dept. 50. W. 13"' Street Dubuque, IA 52001 (563) 589-4270 (563) 589-4205 FAX CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC SERVICE CONTRACT THIS PUBLIC SERVICE 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 (Contractor) of the City of (Contractor Name) (Contractors Address -City and State) PROJECT TITLE: 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): Rock scaling and tree removal at Eagle Point Park. The work described above shall be completed at the following location(s): See attached figure "Eagle Point Bluff Stabilization Scaling and Tree Removal Limits" and attached figure "Eagle Point Bluff Scaling and Tree Removal Project Vicinity Map." The Project shall be performed 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 Service 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 or City Manager 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. 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. 5. The Contractor has read and understands the Project Specifications 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. 6. The Contractor shall fully complete the Project under this Contract on or before November 30. 2007. (DATE) 7. 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. 8. 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 Page 2 of 4 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 $ THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 20 % OF THE ABOVE LISTED ESTIMATED AMOUNT. CITY OF DUBUQUE, IOWA By: CONTRACTOR: Michael C. Van Milligen Date Company Name City Manager By: Signature Date Printed Name Title CONTRACTOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: Signature Date Printed Name Title Page 3 of 4 i ne tonowmg special conditions snail apply to this F' SEE ATTACHED PROJECT NOTES, PROJECT SPECIFICATIONS, AND INSURANCE REQUIREMENTS. REV. 07/07 Page 4 of 4 8/07 EAGLE POINT BLUFF SCALING & TREE REMOVAL PROJECT PROJECT NOTES 1. All questions pertaining to this project shall be directed to: Deron Muehring Civil Engineer City of Dubuque (IA) (563) 589 - 4270 dmuehrin@cityofdubuque.org 2. Access to the bluff from above can be achieved from Shiras Ave. through Eagle Point Park. Access through the park must be coordinated with the City of Dubuque, Leisure Services Department. Contact Bob Fritsch at 589-4263. 3. The City has obtained permission from the property owner to gain access to the bluff from below. Access can be achieved from Rhomberg Ave. through the privately owned property. Those desiring to visit the site prior to award of the contract must be escorted by City personnel. 4. Kleinfelder, Inc. (Belleview, WA) has been retained by the City to serve as the Engineer to oversee the work performed on the project. Eagle Point Bluff Scaling & Tree Removal Project -Project Notes Page 1 of 1 EAGLE POINT BLUFF SCALING & TREE REMOVAL PROJECT SPECIFICATIONS 8/07 All incidental materials or labor, whether shown on the plan or not, or specified herein, and which are necessary for the satisfactory completion of the project shall be provided by the contractor and included in the bid items established for the project. ~i ~ Description This work shall consist of the manual removal of all trees within 20 feet of the slope crest. Construction Requirements All trees shall be flush cut and the root wad left intact. Fallen trees must be hauled from the site or chipped and spread behind the crest of the bluff. Tree felling shall be completed prior to performing rock scaling. Measurement Tree removal will be measured by the 3-man scaling crew hour. Payment The unit contract price for Rock Scaling & Tree Removal, 3-Man Scaling Crew shall be full pay for performing the work as specified. :• ~ , Description This work shall consist of the manual removal of vegetation and loose rock and soil on the slope at the location shown in the Plans or as directed by the Engineer. The Contractor shall provide all materials, equipment, and labor necessary to perform this work. Materials Scaling will be done with the use of scaling bar, portable hydraulic wedges, air pillows or other mechanical means. Other hand tools in addition to scaling bars may be used provided they have demonstrated effectiveness to perform the required work by approval of the Engineer. Construction Requirements Work shall proceed according to the work plan and schedule submitted by the Contractor prior to commencement of work. The crew size shall be maintained at all times. Rock scaling shall start at the top of the slope and work shall proceed down slope, Eagle Point Bluff Scaling & Tree Removal Project -Specifications Page 1 of 2 removing loose rock and soil as the work progresses. 8/07 The extent of the scaling will be determined by the Engineer and/or be specified in the Plans. Measurement Rock scaling will be measured by the 3-man scaling crew hour. Payment The unit contract price for Rock Scaling & Tree Removal, 3-Man Scaling Crew shall be full pay for performing the work as specified. Eagle Point Bluff Scaling & Tree Removal Project -Specifications Page 2 of 2 INSURANCE SCHEDULE B INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for a ten (10) day notice for nonpayment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the certificate of insurance. 3. Contractor shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non-contributing b) Commercial General Liability additional insured endorsement-See Exhibit I c) Governmental Immunities Endorsement Contractor shall also be required to provide Certificates of Insurance for all subcontractors and all sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required in Exhibit I. 4. Each certificate shall be submitted to the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement; as per Exhibit I. This coverage shall be written on an occurrence, not claims made form. Form CG 25 03 03 97 "Designated Construction Project (s) General Aggregate Limit" shall be included. All deviations or exclusions from the standard ISO commercial general liability form CG 001 shall be clearly identified. Governmental Immunity endorsement identical or equivalent to form attached. INSURANCE SCHEDULE B (Continued) INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE Additional Insured Requirement -See Exhibit I. The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability Policies for all classes of contractors. Class A, B, and C Contractors shall include coverage for The City of Dubuque as an additional insured including ongoing and completed operations coverage equivalent to:ISO CG 20 10 07 04 *and CG 20 37 07 04.** *ISO CG 20 10 0704 "Additional Insured-Owners, Lessees or Contractors - Scheduled Person or Organization" **ISO CG 20 37 0704 "Additional Insured -Owners, Lessees or Contractors - Completed Operations" Completion Checklist Class A Contractors, Class B Contractors and Class C Contractors ^ Certificate of Liability Insurance (2 pages) ^ Designated Construction Project(s) General Aggregate Limit CG 25 03 03 97 (2 pages) ^ Additional Insured CG 20 10 07 04 ^ Additional Insured CG 20 37 07 04 ^ Governmental Immunities Endorsement INSURANCE SCHEDULE B (Continued) EXHIBIT I -Contractors Insurance Requirements Contractors shall provide The City of Dubuque with a current Certificate of Insurance for this specific project, which is in conformity with this Exhibit and the Contract. The requirements below are the minimum allowable. CLASS A: General Contractors, Contractors, Trade Contractors, Subcontractors, Sub Sub Contractors, who perform the following work: Demolition Piles ~ Caissons Site Utilities Reinforcement Structural Steel 8~ Decking Miscellaneous Steel Roofing 8~ Sheet Metal Special Construction Plumbing Systems HVAC Earthwork Paving & Surfacing Concrete Precast Concrete Masonry Fireproofing Elevators Fire Protection Electrical General Liability (Occurrence Form Only) Commercial General Liability General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 Additional Insured- The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as additional insured including ongoing operations CG 20 10 07 04 or equivalent, and completed operations CG 20 37 07 04 or equivalent. See Specimens Automobile $1,000,000 (Combined Single Limit) Standard Workers Compensation -with waiver of subrogation to The City of Dubuque Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee-Disease $ 100,000 Policy Limit-Disease $ 500,000 Umbrella $3,000,000 ~OBt~, CERTIFICATE OF LIABILI TY INSURANCE oi~24/2oos ~ (563)556-0272 FAX (563) 556-4425 INSURANCE AGENCY STREET ADDRESS THIS CERTR+ICATE IS HiSUED AS A BATTER OF BiFORMATION ONLY AND CONFERS HO RIGHTS UPON THE CERTPICATE HOLDlR THIS CERTIFICATE OOES NOT A1iEND, EXTEND OR CITY, STATE, ZIP CODE INSURERS AFFORDING COVERAGE NAMC it ~euaeD Y ~ Insurance n Street Address INSWiERR City, State, Zip Code P13lIRERC PrS~R o WSURER E nnveeansm THE POUgES OF INSURANCE LISTED 60.0W NAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD R~IOICATED. NOTWITHSTANDING ANY REOIRREMENT. TERM OR CONDTTK)N OF ANY CONTRACTOR OTHER DOCUTAFM WITH RESPECT TO WHK:H THIS CERTIFICATE MAY BE ISSI~D OR MAY PERTAIN, THE INSURANCE ARFORDED BY THE POLICIE8 DESCRIBED HEREIN LR SUBJECT TO All THE TERNS. EXCLUSIONS AND CONDRIONS OP SUgi POLICIES. AGOREOATE UMTTB SFK)WN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~t TYPE OP EiBINIANCE POLICY NIRAIER F>tPNAnON -14YT1 seNERAL LIABIIIIY EACH ocalaa>:NCE _ s 1000 X C(LWERCIAiGENEaALLIABRrfv DAMAGE TOREMED S SO Ctuua MADE Q oxua MEO E%P (M,~ oM Ppsml s 5 A X PEnsoNAl a ADV euuAr t 1000 00 GENERAL AGGAEOATE f 2 DDD GPPLIES PER: 6EN'L MGGAEGATE L W R PROEMJCTS • OOAp/OP AOO S 1 OQD . P~ pp a POLICY X iCT LOC Al/it)40BE.f UAtlLITY ~ SEJGLE LMR = x 1000 A,, ,µ,~ INSURJIIICE NEDULE B , BowLYwArRY s A x scNEOULED Auros PLE a" P~1 Nlfl>iD AUTOS r~//~~~~ BODILY WAJRY s NON{IWNED AUTO$ L I VRJ (PYr lfoCiCidlt~) C P IeoPEDAArAGE A ~ S 6ARAQE LIAiLLITT At7T0 ONLY-EA ACpOENT S ANY AUTO OTHER THAN EA ACC S AtiTO DNLY: AGG S /ICBiARIBaELLA tIABItRY EACH OCCIRIRpICE S 3 OOO X OCCUA ~CWMSMADE Mi0R6BATE : 3~D00 A X a DEGSUCTIBLE .~~~...~~~..-- s x RETEr+raN s S waacETls cOMPErrATaN Ara oTN- X ,rte p NIPIOYERY LIABRlTY P curnE _ EL EACH ADCEIEHT S 100 ~ E.L DSEtSE • EA EMPLOYE S 100 M msTess,, Alaa~O~ wiWr 9PEpAL PROVR1a150Mav EL OISEA,SE • POLICY IANT S SDD OTTIER E~ OUB Q IE~lS ~r~~UI~D~~RAI LY~I'OLICIES INKKL. ONGOING i COMPLETED ERATIONS COVERAGE EQUMLANT TO ISO CG 2010 0704 tr CG 2037 0704.GENERAL LIABILITY POLICY IS PRIMARY L -CONTRIBUTINK;.FORM CG 2503 0397 "DESIGNATED PRO]ECTS" GENERAL LIABILITY AGGREGATE LIMIT SHALL BE L.GOVERMIENTAL IMMUNITIES ENDORSEMENT IS INCL. WAIVER ~ SUBROGATION IN FAVOR OF CITY OF DUBUQUE ON KERS COMPENSATION.ALL POLICIES SHALL BE ENDORSED TO PROVIDE 30 DAYS ADVANCE NOTICE OF CANCELLATION SHOULD ANY OF THE ABOVE DEBCRRED POLIGE$ BE CANCELLED BEiORE T11E UVIRATION OATLTR6ISOR 7}aE NpGSra SgGIRSIt 1MLL~ IUVL Crn OF DUBUQUE ~~- DArs MIRITTEN NOTgE m THE CERRFICIITE HOLDER NAMlD To THE LEPf. CITY HALL SO W 13TH S R . T EET DUBUQUE, IA 52001 AUI110111~OREPROBTTATNE ACORD 2S (2001p6) OACORD CORPORATK)N 19Ha IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25030397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVRAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project show in the Schedule above: 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regazdless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declazations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the Genera] Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Offices, Inc., 1996 DUB E EAGLE POINT BLUFF SCALING & TREE REMOVAL PROJECT CIP NO. 1021825 SERVICE CONTRACT CITY OF DUBUQUE ENGINEERING DIVISION DUBUQUE, IOWA ,. THE CITY OF DUB E Masterpiece on the Mississippi City of Dubuque Engineering Dept. 50. W. 13"' Street Dubuque, IA 52001 (563) 589-4270 (563) 589-4205 FAX CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC SERVICE CONTRACT THIS PUBLIC SERVICE 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 (Contractor Name) (Contractors Address -City and State) PROJECT TITLE: (Contractor) of the City of 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): Rock scaling and tree removal at Eagle Point Park. _The work described above shall be completed at the following location(s): See attached figure "Eagle Point Bluff Stabilization Scaling and Tree Removal Limits" and attached figure "Eagle Point Bluff Scaling and Tree Removal Project Vicinity Map." The Project shall be performed 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 Service 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 or City Manager 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. 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. 5. The Contractor has read and understands the Project Specifications 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. 6. The Contractor shall fully complete the Project under this Contract on or before November 30. 2007. (DATE) 7. 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. 8. 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 Page 2 of 4 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 $ THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 20 % OF THE ABOVE LISTED ESTIMATED AMOUNT. CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen Date City Manager CONTRACTOR: Company Name By: Signature Date Printed Name Title CONTRACTOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: Signature Date Printed Name Title Page 3 of 4 The followin s ecial conditions shall a I to this Pro'ect: SEE ATTACHED PROJECT NOTES, PROJECT SPECIFICATIONS, AND INSURANCE REQUIREMENTS. REV. 07/07 Page 4 of 4 EAGLE POINT BLUFF SCALING & TREE REMOVAL PROJECT PROJECT NOTES 1. All questions pertaining to this project shall be directed to: Deron Muehring Civil Engineer City of Dubuque (IA) (563) 589 - 4270 dmuehrin@cityofdubuque.org 8/07 2. Access to the bluff from above can be achieved from Shiras Ave. through Eagle Point Park. Access through the park must be coordinated with the City of Dubuque, Leisure Services Department. Contact Bob Fritsch at 589-4263. 3. The City has obtained permission from the property owner to gain access to the bluff from below. Access can be achieved from Rhomberg Ave. through the privately owned property. Those desiring to visit the site prior to award of the contract must be escorted by City personnel. 4. Kleinfelder, Inc. (Belleview, WA) has been retained by the City to serve as the Engineer to oversee the work performed on the project. Eagle Point Bluff Scaling & Tree Removal Project -Project Notes Page 1 of 1 EAGLE POINT BLUFF SCALING & TREE REMOVAL PROJECT SPECIFICATIONS 8/07 All incidental materials or labor, whether shown on the plan or not, or specified herein, and which are necessary for the satisfactory completion of the project shall be provided by the contractor and included in the bid items established for the project. Description This work shall consist of the manual removal of all trees within 20 feet of the slope crest. Construction Requirements All trees shall be flush cut and the root wad left intact. Fallen trees must be hauled from the site or chipped and spread behind the crest of the bluff. Tree felling shall be completed prior to performing rock scaling. Measurement Tree removal will be measured by the 3-man scaling crew hour. Payment The unit contract price for Rock Scaling & Tree Removal, 3-Man Scaling Crew shall be full pay for performing the work as specified. -~ Description This work shall consist of the manual removal of vegetation and loose rock and soil on the slope at the location shown in the Plans or as directed by the Engineer. The Contractor shall provide all materials, equipment, and labor necessary to perform this work. Materials Scaling will be done with the use of scaling bar, portable hydraulic wedges, air pillows or other mechanical means. Other hand tools in addition to scaling bars may be used provided they have demonstrated effectiveness to perform the required work by approval of the Engineer. Construction Requirements Work shall proceed according to the work plan and schedule submitted by the Contractor prior to commencement of work. The crew size shall be maintained at all times. Rock scaling shall start at the top of the slope and work shall proceed down slope, Eagle Point Bluff Scaling & Tree Removal Project -Specifications Page 1 of 2 8/07 removing loose rock and soil as the work progresses. The extent of the scaling will be determined by the Engineer and/or be specified in the Plans. Measurement Rock scaling will be measured by the 3-man scaling crew hour. Payment The unit contract price for Rock Scaling & Tree Removal, 3-Man Scaling Crew shall be full pay for performing the work as specified. Eagle Point Bluff Scaling & Tree Removal Project -Specifications Page 2 of 2 INSURANCE SCHEDULE B INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for a ten (10) day notice for nonpayment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the certificate of insurance. 3. Contractor shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I. Such Certificates shall include copies of the following endorsements: a) Commercial General Liability policy is primary and non-contributing b) Commercial General Liability additional insured endorsement-See Exhibit I c) Governmental Immunities Endorsement Contractor shall also be required to provide Certificates of Insurance for all subcontractors and all sub-sub contractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the insurance requirements as required in Exhibit I. 4. Each certificate shall be submitted to the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. Contractor shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement; as per Exhibit I. This coverage shall be written on an occurrence, not claims made form. Form CG 25 03 03 97 "Designated Construction Project (s) General Aggregate Limit" shall be included. All deviations or exclusions from the standard ISO commercial general liability form CG 001 shall be clearly identified. Governmental Immunity endorsement identical or equivalent to form attached. INSURANCE SCHEDULE B (Continued) INSURANCE REQUIREMENTS FOR ARTISAN CONTRACTORS OR GENERAL CONTRACTORS TO THE CITY OF DUBUQUE Additional Insured Requirement -See Exhibit I. The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability Policies for all classes of contractors. Class A, B, and C Contractors shall include coverage for The City of Dubuque as an additional insured including ongoing and completed operations coverage equivalent to:ISO CG 20 10 07 04 *and CG 20 37 07 04.*" *ISO CG 20 10 0704 "Additional Insured-Owners, Lessees or Contractors - Scheduled Person or Organization" **ISO CG 20 37 0704 "Additional Insured -Owners, Lessees or Contractors - Completed Operations" Completion Checklist Class A Contractors. Class B Contractors and Class C Contractors ^ Certificate of Liability Insurance (2 pages) ^ Designated Construction Project(s) General Aggregate Limit CG 25 03 03 97 (2 pages) ^ Additional Insured CG 20 10 07 04 ^ Additional Insured CG 20 37 07 04 ^ Governmental Immunities Endorsement INSURANCE SCHEDULE B (Continued) EXHIBIT I -Contractors Insurance Requirements Contractors shall provide The City of Dubuque with a current Certificate of Insurance for this specific project, which is in conformity with this Exhibit and the Contract. The requirements below are the minimum allowable. CLASS A: General Contractors, Contractors, Trade Contractors, Subcontractors, Sub Sub Contractors, who perform the following work: Demolition Piles & Caissons Site Utilities Reinforcement Structural Steel & Decking Miscellaneous Steel Roofing 8~ Sheet Metal Special Construction Plumbing Systems HVAC Earthwork Paving & Surfacing Concrete Precast Concrete Masonry Fireproofing Elevators Fire Protection Electrical General Liability (Occurrence Form Only) Commercial General Liability General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 Additional Insured- The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as additional insured including ongoing operations CG 20 10 07 04 or equivalent, and completed operations CG 20 37 07 04 or equivalent. See Specimens Automobile $1,000,000 (Combined Single Limit) Standard Workers Compensation -with waiver of subrogation to The City of Dubuque Statutory for Coverage A Employers Liability: Each Accident $ 100,000 Each Employee-Disease $ 100,000 Policy Limit-Disease $ 500,000 Umbrella $3,000,000 ACORD CERTIFICATE OF LIABILITY INSURANCE ~__ oi~j4zoos INSURANCE AGENCY vnwT wnv wr.rcew m+ ewr.. a wrv....~ vc....r.w.. ~. HOLDER. THNi CEM171fICATE DOEt NOT A16it~, E7fitND ~ STREET ADDRESS AGE AFFORDED •Y T ~ CITY, STATE, ZIP CODE R~SURERS AFFORDING COVERA~ NAIL i Street Address iNSVREaa City, State, Zip Code iNSUIERc IWURER D WEURERE THE POUgES OF BISURANCE LISTED BELOW HAVE BEEN ISSUED TO THE MBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINt TERM OR ODNDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHK~i THIS CERTIFICATE MAY BE ~SlIEO OR ANY REQUIREMENT . MAY PftiTAiN, THE INSURANCE ARFORDED BY THE POIIC~S DESCRMED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU610NS MID CONDITIONS OF SUCH POLK2E3. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS. Mrpt TYPt W EYUIIANCE POLICY NYMEER ~~ LIWTE ~~ ly,~Y EACH OCCURREN(~ f 1000 X COMMERCWLGENERALUABLLITY OAMM3ETORENTED S SO CWNS MADE Q OCCUR MEO E>U' (Amr arr p~nm) f S A X PEASONAI l ADV MLAIRY S i 000 GENERAL AGGREGATE f j 000 R APPUEb PER: GENt AGGREWTE W PRODUCTS • CONPKW AGG S i OOO pryR ~~ Pq.ICV X ,RCT LOC AIfiOM0E1LE UAEAJTY (~MBINED SMK1E LEAK t _ X ~~ i 000 INSURANCE NEDULE B AuoY~Ayros eoo~vlwuav s scHEOULED Avros PLE ~" °"'°') a x ' HARED AUTOf aw ESA Rv S NON•OMM£D AUTO$ CO TORS ASS RTY DANAGE PROPE s ~ ~ r y,~ApE~. AUTOON~r•EaACaDENr s ANY AUTO OTHEii THAN EAACC f AUTOONLV: AOG f ~pp{p~yLA IJAYIlIY lACMI OCCUMBiCE f 3000 X OCCUR ~ CLAAA9 MADE AOORE6ATE f 3 OOO A X _... s oEOUCnaLE f X RETENTION s f WORKERS COYPENEATgN AND X A OTN• ~~ LUiEE~TY E.4 EACH AOCDEM S 100. A ANr PROPRIETOR/PARTI~WEXECUTNE ' oFRCER~ER E%CLlAEO ! E.L DaEitsE • EA EMPL f 100 ~'auvROVe~iaas ~,,,, E1. DISEASE • PDUCY uMR s S00 oTNER ESC ~0~61161~1QUE~S~INI~i~i~Al~~aN~L~IIOLICIES IIrCL. ONGOING i COMPLETED ERATIONS COVERAGE EQUMLANT TO ISO CG 2010 0704 A CG 2037 0704.GENERAL LIABILITY POLICY IS PRIMARY to -CONTRIBUTING.FORM CG 2503 0397 "DESIGNATED PROJECTS" GENERAL LIABILITY AGGREGATE LIMIT SHALL BE L.GOVERNMENTAL IMMUNITIES ENDORSEMENT IS INCL. MfAIVER OF SUBROGATION IN FAYIXt OF CITY OF DUBUQUE ON KERS COMPENSATION.ALL POLICIES SMAII BE ENDORSED TO PROVIDE 30 DAYS ADVANCE NOTICE OF CANCELLATION r'EATfiI[`6TE Mf11 flEA C~NCEf1~TiAN SFgtE.O ANY OF THE ABOVE DEBCMBEB i0LIC1~ BE CANCELLED BEfOfiE THE E7IPMATIDN OAT[ THEREOF. THE giEDHO EMURER 1IDLL~ NJYL CITY OF DUBUQUE _~2 wra wRrrTEN NoTaE ro THE CERRRGITE NDLDER NAMW To THE LBT. CITY HALL SO M. 13TH STREET DUBUQUE, IA 52001 Aun+owzEnREFR~ENrATnIE ACORD 25 (2001!06) OACORD CORPORATION 1886 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). IF SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25030397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to thi; endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVRAGE C (SECTION I), which can be attributed only to ongoing operations at a single designated construction project show in the Schedule above: 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 Copyright, Insurance Services Offices, Inc., 1996