Signed Contracts_Bee Branch Creek Kniest Street Properties DeconstructionMasterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Bee Branch Creek Restoration Project
Deconstruction — 2109, 2113, and 2117 Kniest Street
DATE: May 23, 2011
Attachs.
Dubuque
kthril
All- America Cily
2007
Attached is the Short Form Improvement Contract between the City of Dubuque and
Ted Stackis Construction (Dubuque, Iowa) for the deconstruction of structures at
2109, 2113, and 2117 Kniest Street.
The Certificate of Liability Insurance has been reviewed and approved by Finance
Director Ken TeKippe.
Upon execution of the noted documents, please return to the Engineering office for
further processing.
THE CITY OF
DUB E
5/07,
CITY OF DUBUQUE, IOWA
SHORT FORM
IMPROVEMENT CONTRACT
City of Dubuque
Engineering Department
50. W. 13 Street
Dubuque, IA 52001
(563) 589 -4270
(563) 589 -4205 FAX
THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the City of
Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by
its City Council (City) and
Ted Stackis Construction (Contractor) of the City of
(Contractor Name)
205 Saunders Street, Dubuque, Iowa 52001
(Contractors Address - City and State)
PROJECT TITLE: Bee Branch — 2109, 2113, & 2117 Kniest Street Deconstruction
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):
- Notification to proper regulatory agencies regarding the removal of the building.
- Permits obtained for the deconstruction. Utility notifications.
- Insurance per State requirements.
- Project documentation.
- Emphasize reuse of building materials versus recycling or landfilling.
The work described above shall be completed at the following location(s):
2109, 2113, and 2117 Kniest Sttreet, Dubuque, Iowa 52001
The Project shall be constructed to the existing grades and to any revised grades as described
in this Project contract; in strict accordance with the requirements of the laws of the State of
Iowa and ordinances of the City of Dubuque relating to public works, and in accordance with the
Contract Documents which provisions and documents are each and all hereby referred to and
made a part of this Contract just as much as if the detailed statements thereof were repeated
herein.
Page 1 of 4
2. Contract Documents shall mean and include the following: This Improvement Contract; all
ordinances and resolutions heretofore adopted by the City Council having to do with the
Project; the Contractor's Proposal; and the conditions described in the Contract, including any
Special Conditions, Plans and Specifications and General Requirements as adopted by the City
Council for the Project.
3. All materials used by the Contractor in the Project shall be the best of their several kinds and
shall be put in place to the satisfaction of the City Manager.
4. The Contractor shall remove any materials rejected by the City Manager as defective or
improper, or any of said work condemned as unsuitable or defective, and the same shall be
replaced or done anew to the satisfaction of the City Manager at the cost and expense of the
Contractor.
5. Five percent (5 %) of the Contract price may be retained by the City for a period of thirty (30)
days after final completion and acceptance of the Project by the City Manager to pay any claim
that may be filed within said time for labor and materials done and furnished in connection with
the performance of this Contract and for a longer period if such claims are not adjusted within
that time, as provided in Iowa Code Chapter 573. The City shall also retain additional sums to
protect itself against any claim that has been filed against it for damages to persons or property
arising through the prosecution of the work and such sums shall be held by the City until such
claims have been settled, adjudicated or otherwise disposed of.
6. The Contractor has read and understands the City of Dubuque Standard Specifications
including General Requirements and has examined and understands the project description
described in Section 1 and any attached Special Conditions herein referred to and agrees not to
plead misunderstanding or deception because of estimates of quantity, character, location or
other conditions surrounding the same.
7. The Contractor shall guarantee for a period two years and make good any other defect in any
part of the Project due to improper construction or material performance notwithstanding the
fact that said Project may have been accepted and fully paid for by the City. The guarantee
shall commence on the date that the City pays full compensation for the complete performance
of this contract.
8. The Contractor shall fully complete the Project under this Contract on or before
July 1,2011
(DATE)
9. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City
from and against all claims, damages, losses and expenses, including but not limited to
attorneys' fees, arising out of or resulting from performance of the Contract, provided that such
claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or
injury to or destruction of property (other than the Project itself) including loss of use resulting
there from, but only to the extent caused in whole or in part by negligent acts or omissions of
the Contractor, the Contractor's subcontractor, or anyone directly or indirectly employed by the
Contractor or the Contractor's subcontractor or anyone for whose acts the Contractor or the
Contractor's subcontractor may be liable, regardless of whether or not such claim, damage,
loss or expense is caused in part by a party indemnified hereunder.
Page 2 of 4
10. Unless otherwise specified in the Contract Documents, prior to the commencement of any work
on the Project and at all times during the performance of this Contract, the Contractor shall
provide evidence of insurance which meets the requirements of the City's Insurance Schedule
for Artisan Contractors or General Contractors.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the Project by the City
Manager, the City agrees to pay the Contractor as full compensation for the complete performance
of this Contract, the amount determined for the total number of units completed at the unit prices
stated in the Contractor's Proposal and less any liquidated damages provided for in the Contract
Documents. The number of units stated in the contract, special conditions and contractors
proposal is approximate only and the final payment shall be made by the work covered by the
Contract.
CONTRACT ESTIMATED AMOUNT $ _23,899.00
THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 % OF THE ABOVE
LISTED ESTIMATED AMOUNT.
By:
CITY OF DUBUQUE, IOWA
Michael C. Van Milligen Date
City Manager
Page 3 of 4
By:
By:
PRINCIPAL:
gnature Date
- Tab SGKI S
Printed Name
FRO( DEW i
Title
ACKNOWLE • GEMENT OF ATTACHED
S ''CIAL CONDITIONS:
Title
Si nature
Date
1 - 61) ckt 5
Printed Name
The following special conditions shall apply to this Project:
THE ATTACHED BID PROPOSAL OF MAY 19, 2011 IS PART OF THIS CONTRACT.
Page 4 of 4
REV. 12.1/06
CITY OF DUBUQUE, IOWA
BEE BRANCH - 2109, 2113, & 2117 KNIEST STREET DECONSTRUCTION
CIP: 7201654
BID FORM
NO DESCRIPTION
1 Deconstruction of 2109 Kniest Street, Complete
2 Deconstruction of 2113 Kniest Street, Complete
V 3 Deconstruction of 2117 Kniest Street, Complete 1 LS
v 4 Deconstruction of 2109, 2113, & 2117 Kniest Street, Combined 1 LS
SEE OTHER SIDE OF SHEET
BID FORM 1A
UNIT TOTAL
QUANTITY PRICE PRICE
1 LS jgcM ,c}
1 LS 4 1 C T _ (r)
,.4
The bidder hereby certifies that they are the only person or persons interested in this
proposal as principals; that an examination has been made of the plans, specifications, and
contract form, including the special provision contained herein, and of the site of the work,
and the bidder understands that the quantities of work shown herein are approximate only
and are subject to increase or decrease; and further understand that all quantities of work,
whether increased or decreased, are to be performed at the unit price as stipulated herein;
the bidder proposes to furnish all necessary machinery, equipment, tools, labor and other
means of construction, and to furnish all materials specified in the manner and time
prescribed and to do the work at the prices herein set out.
The bidder further agrees to execute a formal contract and bond, if required by the
contract documents, within seven (7) days of the award of the contract by the City Council,
and that they will commence work on or about ten (10) days after the date of the contract,
and will complete the work within the specified contract period or pay the liquidated damages
stipulated in the contract documents.
The bidder acknowledges receipt of the following addendum:
PRINCIPAL:
Contractor
Individual ( nership ( ) Corporation ( )
By:
Si nature
C
Title
BID PROPOSAL
Dated:
Dated:
Dated:
c
906 59dirfers s�-
Address
City
State i Zip
Dal l 0010
Note: To be completed by out of State bidders.
The State of does ( ) / does not ( ) utilize a percentage preference
for in -state bidders. The amount of preference is percent.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA 0 CLAIMS.
LTR
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INSR
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LIMITS
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COMMERCIAL GENERAL
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FIX OCCUR
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CPS1151528
06/16/10
EACH OCCURRENCE
S 1,000,000
INSURER E :
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DAMAGE ro
PREMISES (Es � + to)
$ 100,000
A
CLAIMS - MADE
MED EXP (My one person)
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PER
$ 1,000,000
GENERAL AGGREGATE
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APPLIES PER:
El LOC
PRODUCTS- COMPIOPAGO
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3 I POLICY I •! LJEG
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A.
AUTOMOBILE
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ANYAUTO
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sCHEDULEDAUTOS
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04/17/11
04/17/12
COMBINED SINGLE uMar
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(Per accident)
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EXCESS LIAR
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04/21/11
04/21/12
EACH OCCURRENCE
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AGGREGATE
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AND EMPLOYERS' LIAaILITY
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below
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DESCRIPTION OF OPERATIONS! LOCATIONS! veatct.ES Meath ACORD 101, Addilioeel Remarks Schedule If more apace Is required)
of subrogation in favor of the City Of Dubuque on workers Compensation is included.
Job Description; 2109,2113, & 2117 Kniest St Properties
City Of Dubuque
50 west 13th St
Dubuque, Ia. 52001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIP.
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ACCORD CERTIFICATE OF LIABILITY INSURANCE
OIY
DATF(MMNOYYY)
5/19/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. This
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the cerullcale holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. 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 endarsemenf(s).
PRODUCER
BRADLEY BECK MCDONALD INS
198 LOCUST ST
Dubuque, IA 52001
culimul
mot 563 -583 -0638 FA
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INSURED TED STACKIS DBA STACKIS CONSTRUCTION
206 SAUNDERS ST.
DUBUQUE, xA 52001
INSURER A: Scottsdale Insurance
INSURER Insurance
INSURER C:
INSURER 0 :
INSURER E :
INSURER F !
ER
COVERAGES
ACORD25(2009/09)
CERTIFICATE NUMBER:
REVISION NUMBER:
®198 &2009 AC OR O CORPOR All n9fIs reserved.
The ACORD name and logo are registered meks of ACORD
THIS
INDICATED.
CERTIFICATE
EXCLUSIONS
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IS TO CERTIFY THAT THE POLICIES
NOTWITHSTANDING ANY REOUIREMENT,
MAY BE ISSUED OR MAY PERTAIN,
AND CONDITIONS OF SUCH POLICIES.
TYPE OF INSURANCE
OF INSURANCE
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A
THE
LIMrrS
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LISTED BELOW HAVE BEEN
TERM OR CONDITION OF ANY CONTRACT
INSURANCE AFFORDED BY THE
SHOWN MAY HAVE BEEN REDUCED
POI. NUMBER
CPS1151528
ISSUED TO THE
OR
POLICIES
BY PAD
(MIWO* 3
06/16/10
USE NIRED
OTHER DOCUMENT
DESCRIBED
CLAIMS.
( �' �E>ZP '
06/16/11
NAMED ABOVE FOR THE POLICY PERIOD
WITH RESPECT TO WHICH THIS
HEREIN IS SUBJECT TO ALL THE TERMS,
- - -- -
LIMITS
EACH OCCURRENCE
$ 1,000,000
A
GENERAL
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COMMENCW. GENERAL
CLAIMS -MADE
LIABiliTY
X OCCUR
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PREMISES Ei eeeune
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MED EXP (Arty ow person)
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$ 2,000,000
AGGREGATE LIMIT
APPLIES PER:
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POLICY 28:
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ANYAUTp
ALL OWNED AUTOS
SCHEDUIJDAUTOS
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A
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04/17/1104/17/1.7
COMBINED SINGLE LIMIT
(EA accident)
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BODILY INJURY (Per person)
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$
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ANY PRO►PoETOrtnARRTMRIExtxurlvE
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2109,2113,& 2117
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DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES (Attach ACORD 101, AddifOnM ReMarks SOWS, if MOM WO It MOW)
The city of Dubuque is an additional insured on general liability policies including ongoing a completed operations
coverage equivalent to x50 05 2010 0704 & 05 2037 0704.paaarel Liability is primary and abn.COntri Ca 2509 0397
•Designated Projects•generel liability aggregate limit is included govermental immunities is included. waiver of (Cont
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CERTIFICATE OF LOABILITY INSURANCE
DATE(MM/DOM Y}
5/19/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is PR ADDITIONAL INSURED, the polky(iss) must be endorsed. if SUBROGATION IS WAIVED, sub)act to
the terms end conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the
cerUtleete holder In lieu of such andarsemant(a).
PRODUCER
BRADLEY BECK NCDONALD S INS
198 LOCUST ST
Dubuque, IA 52001
coivrACT
E,t1: 583 -0638 1,'`,N0,553 -556 -8817
Pu IL
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INM)REpsl AFFORDING COVERAGE
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INSURED Tan STACRZ0 DBA STACXIS CONSTRUCTION
206 SAUNDERS ST.
DUBUQUE, IA 52001
INSURER A : Scottsdale Insurance
INSURER 8 : Pekin Insurance
INSURER C:
INSURER 0:
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE HOLDER
City Of Dubuque
50 West 13th St
Dubuque, Ia3. 52001
CERTIFICATE NUMBER:
CANCELLATION
ACORD25(2009/09) The ACORD name and logo are registered marks of ACORD
REVISION NU MBER:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
' Ri7J D REPRESENTATry
01988- I .9 ACORD CORPORATION. All rights reserved.