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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 LTR T YPE OF INSURANCE ' INSR ° IWO POLICY NUMBER PO I „ ,F (M ( I MW P ) LIMITS N (i) EURER AFFORDING COVERAGE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY FIX OCCUR A INSURER Insurance CPS1151528 06/16/10 EACH OCCURRENCE S 1,000,000 INSURER E : x 06/16/11 DAMAGE ro PREMISES (Es � + to) $ 100,000 A CLAIMS - MADE MED EXP (My one person) S 5,000 PER $ 1,000,000 GENERAL AGGREGATE S 2,000,000 G AGGREGATE LIMB APPLIES PER: El LOC PRODUCTS- COMPIOPAGO $ 2,000,000 3 I POLICY I •! LJEG $ A. AUTOMOBILE — x X X LIABILITY ANYAUTO ALL OWNED AUTOS sCHEDULEDAUTOS WIRED AUTOS NOMOWNED AUTOS A P642874 04/17/11 04/17/12 COMBINED SINGLE uMar (Ea sccIdmi) $ BODILY INJURY (Per person) S 1,000,000 BODILY INJURY (Per eccidenl} S 1,000,000 �° (Per accident) s 1, 000, 000 s S A X UMBRELLA LAB EXCESS LIAR OCCUR CLAIMS -MADE U0012032 04/21/11 04/21/12 EACH OCCURRENCE $ 1,000,000 AGGREGATE S _ DEDUCTIBLE RETENTION S 10,000 s S A WORKERS COMPENSATION AND EMPLOYERS' LIAaILITY Y PROPR oRI T CUm+E iMmitm inINl If DESCRIPP R TION OF T O OF OPERATIONS Y NIA 00WC76729 10/02/10 10/02/11 RI TORY L s rat S 50,000 E.L EACH ACCIDENT E.LDISEASE -EA EMPLOYEE S 500,000 below EL E DISEASE .POLICY LuST $ 500,000 A 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. f/ 0 REPRESENTATIVE r 1 b 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 � w c, No)563- 556 -$$17 �" PPR CUSTOMER ID M: N (i) EURER AFFORDING COVERAGE RAICO 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 L 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 � . -.. A THE LIMrrS � 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 LABILITY COMMENCW. GENERAL CLAIMS -MADE LIABiliTY X OCCUR X ""^ DAawctE1URtNEED PREMISES Ei eeeune 100 000 $ , MED EXP (Arty ow person) S 5,000 INSURER E : PERSONAL &ADVINJURY $ 1 , 000,000 BEM X GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: ri LOO pgooucTS. COMP/OPAGG i 2,000,000 r -' -t 1 POLICY 28: JECT 3 B AUTOMOBILE LABILITY ANYAUTp ALL OWNED AUTOS SCHEDUIJDAUTOS HIRED AUTOS NON OWNED AUTOS A A0012032 -0 04/17/1104/17/1.7 COMBINED SINGLE LIMIT (EA accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per *cadent) $ x X PROPERTY DAMAGE (Per ROGOW) S X i S $ 1,000,000 1 3 X UMBRELLA LAB EXCESS LAB Ell mu OCCUR CtAIMSaAtitlE A . 170012032 04/21/11 04/21/12 EACH OCCURRENCE AGGREGATE X DEDUCTIBLE RETENTION $ 10,000 $ $ 3 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PRO►PoETOrtnARRTMRIExtxurlvE OFFI MAN ELMER EXCLUDED? (Minatory In NH) _ DESCRIPrION u 0F PERATIONS rr NIA 00wC76729 10i02 /10 10/02/11 XI T(fRr WCCSTATU• c FR El - EACH ACCIDENT S 100, 000 X Ei. DL5EASE . EA EMPLOYEE $ 100,000 CNOw EL DISEASE • POLICY LIMIT 5 500,000 A DeCOnstxuction P3 ojects;t A 2109,2113,& 2117 Knitast St __ 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 A R 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 litagre CUSTOMFRID a - ,,,,_, INM)REpsl AFFORDING COVERAGE twos 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.