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
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ANY REOIRREMENT. TERM OR CONDTTK)N OF ANY CONTRACTOR OTHER DOCUTAFM WITH RESPECT TO WHK:H THIS CERTIFICATE MAY BE ISSI~D OR
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KERS COMPENSATION.ALL POLICIES SHALL BE ENDORSED TO PROVIDE 30 DAYS ADVANCE NOTICE OF CANCELLATION
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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 $3,000,000
ACORD CERTIFICATE OF LIABILITY INSURANCE ~__ oi~j4zoos
INSURANCE AGENCY vnwT wnv wr.rcew m+ ewr.. a wrv....~ vc....r.w.. ~.
HOLDER. THNi CEM171fICATE DOEt NOT A16it~, E7fitND ~
STREET ADDRESS AGE AFFORDED •Y T ~
CITY, STATE, ZIP CODE
R~SURERS AFFORDING COVERA~ NAIL i
Street Address iNSVREaa
City, State, Zip Code iNSUIERc
IWURER D
WEURERE
THE POUgES OF BISURANCE LISTED BELOW HAVE BEEN ISSUED TO THE MBURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINt
TERM OR ODNDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHK~i THIS CERTIFICATE MAY BE ~SlIEO OR
ANY REQUIREMENT
.
MAY PftiTAiN, THE INSURANCE ARFORDED BY THE POIIC~S DESCRMED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLU610NS MID CONDITIONS OF SUCH
POLK2E3. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PND CLAIMS.
Mrpt TYPt W EYUIIANCE POLICY NYMEER ~~ LIWTE
~~ ly,~Y EACH OCCURREN(~ f 1000
X COMMERCWLGENERALUABLLITY OAMM3ETORENTED S SO
CWNS MADE Q OCCUR MEO E>U' (Amr arr p~nm) f S
A X PEASONAI l ADV MLAIRY S i 000
GENERAL AGGREGATE f j 000
R APPUEb PER:
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pryR
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INSURANCE NEDULE B
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scHEOULED Avros PLE ~" °"'°')
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NON•OMM£D AUTO$ CO TORS
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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