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Signed Contract_Ted Stacki Construction for Deconstruction of E 22nd St. PropertiesMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer OP SUBJECT: Bee Branch Creek Restoration Project Deconstruction of 511, 513, and 515 East 22nd Street DATE: January 12, 2012 Dubuque bitIll AII•America City 1 2007 Attached is the Short Form Public Improvement Contract between the City of Dubuque and Ted - Stackis Construction (Dubuque, Iowa) for the deconstruction of 511, 513, and 515 East 22nd Street as it relates to the Bee Branch Creek Restoration Project. The Certificate of Liability Insurance has been approved by Finance Director Ken TeKippe. Upon execution of the noted documents, please return to the Engineering office for further processing. Attachs. THE C1TY OF DUB Masterpiece on the Mississippi City of Dubuque Engineering Dept. 50. W. 13`h 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 Constructioon (Contractor) of the City of (Contractor Name) 206 Saunders Street, Dubuque, Iowa 52001 (Contractors Address - City and State) PROJECT TITLE: Bee Branch - Deconstruction of 511, 513, and 515 East 22nd 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 Residential Property at 511, 513, and 515 East 22nd 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. 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 March 2, 2012 (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 $ 11, 980.00 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 1 0 % OF THE ABOVE LISTED ESTIMATED AMOUNT. By: CITY OF DUB QUE, IOWA Michael . Van Milligen City Manager CONTRA / 2 e:// 9 c By: S et( S ?ie/ ))Cr Printed Name 'Title CONTRACT ATT By: Page 3 of 4 Date ACKNOWLEDGEMENT OF SPECIAL CONDITIONS: Signature late 5 zKI S Printed Name Title The following special conditions shall apply to this Project: The attached bid proposal of January 10, 2012 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 IA CITY OF DUBUQUE, IOWA BEE BRANCH - 511, 513, & 515 EAST 22nd STREET DECONSTRUCTION CIP: 7201654 BID FORM NO. DESCRIPTION UNIT TOTAL QUANTITY PRICE PRICE 1 Deconstruction of 511, 513, & 515 East 22nd Street, Complete 1 LS SEE OTHER SIDE OF SHEET TOTAL l VO.0 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: PRINCIPAL: k 4 c115 Contractor lndividua Dated: / r j r i Dated: Dated: ership ( ) Corporation ( ) By: el /Signature 4 5-Aun c rS Address City 6 1 6', 0 6 ) State d Z p f Title 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. - 0, C CERTIFICATE OF .LIABILITY INSURANCE DATE. (MMlnO/vYrY) 1/12/2012 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 an ADDITIONAL INSURED, the poiicy(lAe) the terms end conditions of the policy, certain policies may require an endorsement. certificate holder In lieu of such endoreement(e). must be endorsed. H SUBROGATION IS WAIVED, subject to A statement on this certificate does not confer right% to the CONTKCT— - PRODUCER BRADLEY BECK MCDONALD INS 198 LOCUST ST Dubuque, IA 52001 PHONE FAX +N N8,Ex1):5�� -5�� -0638 I {NC,NO)��3- 556 -881' E- &IL AuDRESS'i:- • -- CUSTOMERID #: INSUrigIES) AFFOREINO COMM NAICe INSURED TOD STACK= DBA STACSIS CONSTRUCTION 206 SAUNDERS ST. DUBUQUE, IA 52001 INSURER A: Scottsdale Insurance INSURER a: Pekin Insurance 06/16/11 INSURER C; 3 1,000,000 INSURER D : $ L00, 000 INSURER E CLAIMS MADE INSURER F : $ 5,000 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 IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R LTR TYPE OF INSURANCE us INOR WI/0 WI /0 POLICY NUMBER (M JYYYY) (M ) 06/16/22 LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR x ' CPS1151528 06/16/11 EACH OCCURRENCE 3 1,000,000 DAMAGE PREMI ESDEe ED $ L00, 000 CLAIMS MADE MED FXP M once p non) $ 5,000 PERSONALS ACVINJURY $ 1, 000,000 GENL 7C GENERAL AGGREGATE $ 2,000,000 AGGRE�GATE LIMIT APPLIES PER; POLICY 1 1 PRO. fl LOC JECT PRODUCTS. CAMP/OP $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL D AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS A0012032 -0 04/17/11 04/17/12 COMBINED SINGLE LIMIT (Ea accident) 3 1,000,000 BODILY INJURY (Per person) 3 BODILY INJURY (Per accident) S 2c PROPERTY DAMAGE (Per accident) t X 3C $ S B S UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE U0012032 04/21/11 04/21/12 EACH OCCURRENCE $ 1,000, 000 AGGREGATE $ X DEDUCTIBLE RETENTION 5 10.000 $ 3 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY AND ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (M ndiory InNH) It es, describe odor DUSCRIPTION OF OPERATIONS RIA 00WC76729 S.Q /Q$ /�.�. 10/02/12 - X WCSTA7U- 0TH - TORY LIMITS I 10M E.L.FACHACCIDENT 100 000 $ ! Y E.L.bISEA$E.EAEMPLOYEE _ $ ],00, 000 below EL DISEASE . POLICY LIMIT S 500,000 A Deconstruction Projects A 511 -13 -15 E.22nd Dubuque, IA. 52001 . . .. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES ABACK ACORD 101, Additional Remarks Schedule if more spate Is required) The City Of nubugae is end additional insured on general liability Aaliciee including ongoing a completed operetione coverage equivalent to zed CO 2010 0704 & CO 2037 0704.Generel liability policy is primary & non - contributing. Form CS 2503 0397 •Designated Project/VI general liability aggregate limit it included 5Overmiatel immunities enSG>:eement(oont) CERTIFICATE HOLDER CANCELLATION 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 PROVISIONS. AUT •.ji1Y .' REPRESENTATIVE 1988.2009 ACORD CORPORATION. ' II rights reserved. ACORD25(2009/09) The ACORD name and logo are registered marks of ACORD ACRD CERTIFICATE OF LIABILITY INSURANCE UAII (MMIDOPYYYY) 1/12/2012 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 an ADDITIONAL INSURED, the Pollcy(Ies)'must be endorsed. It SUBROGATION IS WAIVED, subject to the terms end BOnditiona of the policy, certain policies may require an endorternenL A statement on this certificate dose not confer rights to the cerUficale holder In IIQu of such endorsement(s). PRODUCER BRADLEY BECK MCDONALD INS 198 LOCUST ST Dubuque, SA 52001 CONTACT "•- NAME: 563- 555 -88171 11114563-583-0638 553 - 583 -0638 ac No E-MAIL PRODUCE: PU,$7QM RIDN: MAIMS) NIIOno,Nd cDVEfAQE MICN INSURED TED STACK'S DEA OTACEI5 CONSTRUCTION 206 SAUNDERS ST. DUBUQUE, IA 52001 • INSURER A: SOOttedale Insurance 7C INSURERB:Pekin insurance CPS1151528 INSURER C i DAMAGE TU HENFED PREMISE$ (Eh O CurranCe) INSURER 0 : INSURER E : MEQEXP (Any One person) INSURER F : COVERAGES CERTIFICATE NUM THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L MITS SHOWN MAY HAVE BEEN REDUCED ISSUED TO OR POLICIES BY PAD PDYfo`} EFF (MMID IYYYY) 06/16/11 THE INSURED OTHER DOCUMENT DESCRIBED CLAIMS. I Y ��XXP (M 7 *) 06/16/12 NAMED ABOVE FOR THE WITH RESPECT TO HEREIN IS SUBJECT TO LIMITS EACH OCCURRENCE POLICY PERIOD WHICH THIS ALL THE TERMS, s 1,000,000 Men LTR TYPE OF INSURANCE AWL =JELL WWI POLICY NUMBER A GENERAL LIABIL rY COMMERCIAL GENERAL LIABILITY L-.l OCCUR 7C CPS1151528 R DAMAGE TU HENFED PREMISE$ (Eh O CurranCe) $ 100, 000 CLAIMS -MADE MEQEXP (Any One person) $ 5,000 PERSONAL &ADVINJURY $ 1,00-0,01Y0 GENERAL AGGREGATE $ 2.000, 000 CEN'LAGGREGATE LIMIT APPLIES PER: R POLICY I a I JE&.. ( . I. I LQG PRODUCTS - COMP/OP AGO $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS P642874 04/17/11 04/17/12 COMBINED SINGLE LIMIT (Et tccldeeI) $ BODILY INJURY (Par person) $ 1,000,000 BODILY INJURY (Per accident) 5 1,000,000 S x PROPERTY DAMAGE (P84'00010411) $ 1,000,000 X $ $ g UMBRELLA Lim) EXCESS LIAB _ OCCUR CLAIMS•MADE U0012032 04/21/11 04121/12 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ _ DEDUCTIBLE RETENTION $ 10,000 S B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOWPARTNER,EAECuTIvd OFFICER/Wm MR (MandrtwyInHMI tlktLUDlb'I If pm. danalteUnder DESCRIPTION OF OPERATIONS YIN NIA 00WC76729 10/02/11 10/02/12 3 0 TORY LIMITS QER' CL_ EACH ACCIDENT s 500, 000 El. DISEASE -EA EMPLOYEES 500,000 below E.L. DISEASE - POLICY LIMIT $ 500, 000 A Deconstruction Project 511 -13 -15 B. 22nd Dubuque,•Ia. 52001 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES Attech ACORD 101, Additional Remarks Schedule, If more apace la required) is included.wsiver of Subrogation in favor of the City of Dubuque on workers compensation is included. CERTIFICATE HOLDER City Of Dubuque 50 West 13th St Dubuque, Ia. 52001 Attn Tom Freund CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT I 0 REPRESENTATIVE 10$9 -2009 ACORD CORPORA.TJON. All rights reserved. ACORO25(2000 /09) The ACORD name and logo are registered marks of ACORD