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Signed Contacts_Stackis Construction_2349, 2350 Elm Street
Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer GP SUBJECT: Bee Branch — Deconstruction of 2349 & 2350 Elm Street DATE: December 2, 2011 Dubuque *' All- America City * * *; 2007 Attached is the Short Form Public Improvement Contract between the City of Dubuque and Ted Stackis Construction for the deconstruction of 2349 and 2350 Elm Street as it relates to the Bee Branch Creek Restoration Project. 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. Attachs. Masterpiece on the Mississippi City of Dubuque Engineering Dept. 50. W. 13th Street Dubuque, IA 52001 (563) 589 -4270 (563) 589 -4205 FAX CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT THIS PUBLIC IMPROVEMENT CONTRACT (the Contract), made in triplicate, between the City of Dubuque, Iowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and Ted Stackis Construction (Contractor) of the City of (Contractor Name) 206 Saunders Street, Dubuque, Iowa 52001 (Contractors Address - City and State) PROJECT TITLE: Bee Branch - Deconstruction of 2349 & 2350 Elm Street 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 and 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): Former Commercial Buildings, 2349 & 2350 Elm Street, 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. /I 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 Decemebr 30, 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 Tess 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. 4N1.00 CONTRACT ESTIMATED AMOUNT $ , THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 10 LISTED ESTIMATED AMOUNT. CITY OF DUBUQUE, IOWA CONTRACTOR: By:' % OF THE ABOVE Michael C. Van Milligen Date Company Name City Manager By: Signature °``` Date Printed Name Title CONTRACTOR ACKNOWLEDGEMENT OF ATTACHED- S'ECIAL CONDITIONS: By: Signature Printed Name Title Page 3 of 4 Date The following special conditions shall apply to this Project: The attached bid proposal of November 29, 2011 is part of this contract. -The site is to be left in a mow -able condition. All debris, whether inside the building or outside the building shall be removed from the site and properly disposed and any costs incurred shall be incidental to the Lump Sum contract price. REV. 07/07 Page 4 of 4 BID FORM 1A CITY OF DUBUQUE, IOWA BEE BRANCH - 2349 & 2350 ELM STREET DECONSTRUCTION CIP: 7201654 BID FORM UNIT TOTAL NO. DESCRIPTION QUANTITY PRICE PRICE ~� F\U U 7\{ u`^ 1 Deconstruction of 2349 &3�O Elm Street, Complete 1 � \ U | ` TOTAL SEE OTHER SIDE OF SHEET >' 90[uy �/� BID PROPOSAL 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 an informal contract, 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: t`e datEle.163 PRINCIPAL: r`� - i 1 Stq c 11 3 i'74✓C, i vim' Contractor By: Dated: H Dated: Dated: Individual ( ) Partnership ( ) Corporation ( ) Address City Signature ' State Title swo Zip Date 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. AC Rtt� D L -� CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDNYYYI 11/30/2011 THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI$ CERTIFICATE DOE$ 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 an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBRQGATIQN 15 WAIVED, subject to the terms and conditions of the pollcy, 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). PRODUCER BRADLEY BECK MCDONALD INS 198 LOCUST ST Dubuque, IA 52001 INSURED CONTACT NAME: Ap IL` No Ex 563 - 583 -0638 ADDRESS: PRODUCER CUSTOMER ID 9- cNp$63 -55 8817 NSURERIS) AFFORDING COVERAGE NAICR TED STACAIS DEA STACEIE CONSTRUCTION 206 SAUNDERS ST. DUBUQUE, IA 52001 COVERAGES INSURER A: Scottsdale Inr$uxance INSURER e:Pekin Insurance INSURER C: INSURER 0 INSURER E : INSURER F : CERTIFICATE NUMBER: 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 POLICE!_$ DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM$, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Il h TYPE OF INSURANCE 'Dot 3USR POLICY NUMBER M MMIDDNYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY ! OCCUR CPS1151528 06/16/11 06/16/12 EACH OCCURRENCE s 1,000,000 X MENSES t(Ea o route) $ 100. 000 1 CLAIMS•MADE ! MED EXP (Aety ¢ha pgr3pn) S 5 ,000 PERSONAL 8ADVWNJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY DT 128: n LOC PRODUCTS - COMPIOP AGG $ 2,000,000 Xi $ B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS A0012032 -0 Y. 04/17%11 04/17/12 * COMBINED SINGLE LIMIT (E0 bitdant) S 1,000,000 BODILY INJURY (Per permon) $ X BODILY INJURY (Per occident) $ X (P act t) DAMAGE (Per $ X $ $ $ g UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 710012032 04/21/11 04/21/12 EACH OCCURRENCE $ 1,000,000 AGGREGATE E _X DEDUCTIBLE RETENTION 3 10,000 $ 3 WORKERS COMPENSATION AND EMPLOYERS LIABILRY YI N ANY PROPRIETORIPARTNER/EiECUTNE O FICENMEMBER EXCLUDED? n {Y,nelaNUy In NH) 117 yyea describe under ESCRIPTION OF OPERATIONS below NIA 00WC76729 10/02/11 10/02/12 _ X TORY LIMITS ER E.L. EACH ACCIDENT �y fy /� S 10 0, 0 0 0 E.L. DISEASE - EAEMPLOYEE $ 100, 000 E-L. DISEASE • POLICY LIMIT $ 500,000- A Deconstruction Projects A 2349 -50 Elm St. Dubuque, Ia. 52001 DESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES AlleCh ACORD 141, AddiOOnal Remarks Schedule if more space is required} The City Of Dubuque le and additional insured on general liability policies including ongoing E completed opnratioaa aovoraga eguivalant to ISO CG 2010 0704 & CG 2037 0704.General liability policy is primery e sari-contributing • Farm CG 2503 0397 'Designated Projects" general liability aggregate limit is included Govermentai immunities endorsement(cont) CERTIFICATE HOLDER I City Of Dubuque SO West 13th St Dubuque, Xa. 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTN aEPaESENrAT1 N"\. r Y L ACORD 25(2009/09) ©1988-2000 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered m rks of ACORD A CCPR NW CERTIFICATE OF LIABILITY INSURANCE DATE ( MIyVDDNYYY) 11/30/2011 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 HOLD_ ER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poIley(tes) must be endorsed, H SUBROGATION 15 WAIVED, subject 10 the ternya 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 Ileu of such endorsement(s). PRODUCER Bradley -Beck & McDonald Ins. 198 LOCUST ST Dubuque, IA 52001 IA CONTACT NAME: {P,qH�ONE 563- 583 -0638 FOX (tAIC.NO)�63- 556 -8$17 E-MAI�� ADDRESS: PRODUCER CUSYOMER ID.,N' . IN$URMtI$) AINVAINN6 COveRAae NMI INSURED TED STACKIS DBA STACi(XS CONSTRUCTION 206 SAU]NDERS ST. D E7X 4a, In 52001 INSURERA: Scottsdale Insurance INSURER s ,Pekin Insurance 06/16/11 W.1.=2::. EACH OCCURRENCE INSURER D : 3C INSURER E : $ 100,000 INSURER F : y, COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA 0 CLAIMS. INaR LYR TYPE OF INSURANCE NeR Wvo POLICY NUMBER (M yo% � agleam LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY LIABILITY l OCCUR X CPS1151528 06/16/11 06/16/12 EACH OCCURRENCE S 1,000,000 3C PREMISES (Ea occurrence) $ 100,000 CLAIMS.MADE f MED EXP (Any one person) $ 5,000 PERSONAL SADVINJURY S 1, 000, 000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PQLICYJ X 11.16, 1 ` I LOG PRODUCT$ - COMP/Op AGG $ 2 sr 0 0 0 sr 0 0 0 X J B AUTOMOBILE — LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NC}N.OWNED AUTOS P642874 04/17/11 04j1�/12 COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY person) $ 1,000,000 BODILY INJURY (Per accident) $ 1,000,000 X X PROPERTY DAMAGE (Per sodden() $ 1,000,000 X $ B X' -- UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 170012032 04/21/11 04/21/12 EACH OCCURRENCE S 1.000, 000 — AGGREGATE $ DEDUCTIBLE RETENTION $ 10,000 $ _ $ B W RKERS COMPENSATION AND EMPL0YEn$' LIABILITY ANY PRQPRIETORIPARTNER/EECUT)VE Y/N OFFICER/MEMBER EXCLUDED'? (MandKIX, In NHI K yea. destribeunder DESCRIPTION OF OPERATIONS below MrA 7 V i J 00WC76729 10/02/1110/02/12 X I WC STATU• I IoTH- TORY LIMIT$ ER ELF.ACHACCIDENT S 500, 000 EL DISEASE - EA EMPLOYEE S 500,000 E.L DISEASE - POLICY LIMIT $ 500, 000 A Deconstruction Project 2349 -50 Elm St Dubuque, Ia. 52001 DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES Attach ACORD 101, Additional Rtmarks Sthedtle, if mere spate is required) is inoluded.Waiver of Subrogation in favor of the City of Dubuque on workers compensation is included. CERTIFICATE HOLDER CANCELLATION City Of Dubuque 50 West 13th St Dubuque, xa. 52001 Attn Tom Freund ACORD 25 (2009/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTOO 4 0 PRESENTATIV 988.200 • - CORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD