Five Flags Lavatory ReplacementCITY OF DUBUQUE, IOWA
MEMORANDUM
January 31, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Five Flags Center Lavatory Stations Replacement Project
Leisure Services Manager Gil Spence is recommending approval of the attached resolutions
accepting the contract for the Five Flags Center Lavatory Stations (sink) Replacement Project.
I concur with the recommendation and respectfully request Mayor and City Council approval.
Michael C V
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
Januaw 29,2001
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Managerl~ll~
SUBJECT: Five Flags Center Lavatory Stations Replacement Project
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the attached
resolutions accepting the contract for the Five Flags Center Lavatory Stations (sink)
Replacement Project and establishing the final contract amount.
DISCUSSION
The sinks have been replaced in all four locker rooms as well as the rest rooms in Gate
A and Gate C by Klauer Construction, and we are recommending the project be
accepted.
A summary of the project costs are as follows:
construction contract
ESTIMATE
$ 45,5O0
BID AMOUNT
$ 38,959
FINAL COST
$ 38,959
RECOMMENDATION
I recommend that the City Council accept the improvement and that the final contract
amount be established at $38,959.
ACTION STEP
The action requested is that the City Council adopt the attached resolutions accepting
the improvement and establishing the final contract amount.
GDS:et
attachments
Prepared by: Leisure Services Denartment Address: 2200 Bunker Hill Road
Phone: 589-4263
RESOLUTION NO. 27-01
ACCEPTING IMPROVEMENT
Whereas, the contract for the FIVE FLAGS LAVATORY STATION REPLACEMENT
PROJECT has been completed and the City Manager has examined the work and filed his
certificate stating that the same has been completed according to the terms of the contract,
plans and specifications and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
improvement be and the same is hereby accepted.
BE IT FURTHER RESOLVED that the City Treasurer be and he is hereby directed
to pay to the contractor from the Fiscal Year 2001 appropriations in the amount of $38,959
in General Funds, in amount equal to the amount of this contract, less any retained
percentage provided for therein.
Passed, approved and adopted this 5~.h day of February
,2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by: Leisure Services DeDartment Address: _2200 Bunker Hill Road
Phone:589-4263
RESOLUTION NO. 28-01
FINAL ESTIMATE
Whereas, the contract for the FIVE FLAGS LAVATORY STATION REPLACEMENT
PROJECT has been completed and the Engineer has submitted his final estimate showing
the cost thereof including the cost of estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the cost of said improvement is hereby determined to be $38,959
and the said amount shall be paid from the Fiscal Year 2001 General Fund appropriations
of the City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of February
,2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
IMPROVEMENT CONTP~ACT
ARTICLES OF AGREEMENT, made in triplicate, this 3rd day of
October , 2000 , between the City of Dubuque, a Municipal Corporation
of Dubuque County, Iowa, by its Manager, through authority conferred upon him by
its Council, hereinafter called "City" and Klauer Construction of the City
of Dubuque, Iowa , hereinafter called "Contractor".
WITNESSETH: That for and in consideration of the mutual covenants herein
contained, the parties hereto do agree with each other as follows:
THE CONTRACTOR AGREES:
I. To furnish all material and equipment and to perform all labor
necessary for Five Flaqs Lavatory Stations Replacement Project
Said improvement is to be made to the established grade and to the grades
as shown on the profiles and cross sections on file in the City Engineer,s office
for this improvement; 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", all of which provisions and
documents are each and all hereby referred to and made a part of this Contract
just as much as if the detail statements thereof were repeated herein.
II. The term "Contract Documents" as used herein shall mean and include
the following: All ordinances and resolutions heretofore adopted by the City
Council having to do with the improvements; the Notice to Bidders; the
Contractor's Proposal; and the Plans, Specifications, and General Requirements
as adopted by the City Council for this improvement.
III. That all materials shall be the best of their several kinds and shall
be put in place to the aslssact~on of the City Manager.
IV. That the Contractor will remove any materials rejected by the Engineer
as defective or improper, or any of said work condemned as unsuitable or
esectlve, and the same shall be replaced or done anew to the satisfaction of the
Engineer at the cost and expense of the Contractor.
V. Five percent (5%) of the Contract price shall be retained by the City
for a period of thirty (30) days after final completion and acceptance of the
work by the City Council 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. 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.
VI. That the Contractor has read and understands the specifications
including "General Requirements" and has examined and understands the plans
herein referred to and agrees not to plead misunderstanding or deception because
of estimates of quantity, character, location or other conditions surrounding the
same.
VII. That in addition to the guarantee provided for in the specifications,
the Contractor will also make good any other defect in any part of the work due
to improper construction notwithstanding the fact that said work may have been
accepted and fully paid for by the City, and his bond shall be security therefor.
VIII. That the Contractor will fully complete the work under this Contract
on or before February 15, 2001
IX. That the Contractor shall indemnify, defend and save harmless the City
from and against any and all claims, suits, loss, cost, charges, expense and
counsel fees in any way arising from or through the negligence, want of care or
fault of the Contractor or his agents, servants or employees in the conduct or
construction of said work and any judgement which may be obtained against said
City upon claims arising out of the conduct or prosecution of said work shall be
conclusive evidence against said Contractor as the amount thereof and liability
of said Contractor therefor, and said Contractor further agrees that so much of
the monies due said Contractor under and by virtue of this Contract shall be
considered necessary by the City may be retained by the City until alt suits or
claims for such damaoes shall have been settled and evidence to that effect
furnished to the satisfaction of the City. The bond of the Contractor shall be
security for the payment of such damages.
THE CITY AGREES:
Upon the completion of the Contract, and the acceptance of the improvement
by the City Council, the City agrees to pay 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 plans and specifications is approximate only and
the final payment shall be made by the work covered by the Contract.
CONTRACT AtqOUNT $ 38,959
FURTHER CONDITIONS
The Contractor hereby represents and guarantees that he has not, nor has
any other person for or in his behalf, directly or indirectly, entered into any
arrangement or agreement with any other bidder, or with any public officer,
whereby he has paid or is to pay' any other bidder or public officer any sum of
money or anything of value whatever in order to obtain this Contract; and he has
not, nor has another person for or in his behalf directly or indirectly, entered
into any agreemen-t or arrangement with any other person, firm, corporation or
association which tends to or does lessen or destroy free competition in the
letting of this Contract and agrees that in case it hereafter be established that
such representations or guarantees, or any of them are false, he will forfeit and
pay not less than ten percent (10%) of the Contract price but in no event be less
than $300.00 (Three Hundred Dollars) as liquidated damages to the City.
The surety on the bond furnished for this Contract, shall in addition to
all other provisions, be obligated to the extent provided for by Section 573.6
of the Code of Iowa, relating to this Contract, which provisions apply to said
bond.
The Contractor agrees, and his bond shall be surety therefore, that he will
keep and maintain said improvement in good repair for a period of 2
year(s) after acceptance of the same by the City Council of said City and his
bond shall be security therefor.
The City of Dubuque and the Contractor agree to comply with all applicable
standards, orders, or regulations issued pursuant to the Clean
u.s.c, lgs et seq,) and the Federal Water Pollution
U.S.C. 1368
et seq.) as amended, Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR, Part 15). Contractor shall comply with Section 103 and 107
of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and
Department of Labor Regulations (29 CFR, Part 5).
IN WITNESS HEREOF, the respective parties hereto have caused this
instrument to be duly subscribed and sealed and executed in triplicate the day
and year first above written.
CERTIF][CATE OF CITY CLERK
This is to 'certify that a certified c~ ~f ~e above ~ontract has been filed in
my office on the ./~ day of ~~ , ~ .
Bond Num6er SA 1206
CITY OF DUBUQUE, IOWA
CONTRACTOR'S IMPROVEMENT BOND
Klauer Development Corporation dba
KNOWN ALL MEN BY THESE PRESENTS: That Klauer Construction Co. aS
Principal and United States Fidelity and Guaranty CompanT as Surety are held
firmly bound un-~o the City~ Dubuque, Iowa, in the p~al-sum of $38,959.00
the same being 100% of the total price of the contract for the public improvement
herein referred to, lawful money of the United States of America, well and truly
to be paid to said City of Dubuque, and to all other parties who, under the
provisions of the laws of Iowa, are intended to be protected and secured hereby
for which payment we bind ourselves, our heirs,
assigns, jointly and severally by these presents, executors, successors and
Dated at Dubuque, Iowa, this 3rd day of October
and duly attested and sealed. _ , _2000
=
WHEREAS, the said Contractor by a written contract has agreed with said
City of Dubuque to perform all labor and furnish all materials required to be
performed and furnished for Five Flags Lavato< Stati
contract and plans and ~=~-~. ' Y onsReplacsreot according to the
~=~,r~ca~]ons prepared therefor; and
WHEREAS, the Contractor is required to promptly pay all claims for labor
and materials furnished in the performance of the contract and also to save
harmless said City from damage claims to person and property arising through the
performance of the work; and
WHEREAS, said Contractor is obligated and bound by his contract to keep and
maintain said improvement in good repair for a period of 2 years after
acceptance of the same by the City Council of said City a-~-~ this bond shall be
security therefor·
NOW, THEREFORE, the condition of this obligation is such that if the said
Contractor shall perform all of the work contem~l ~
r aued by the Contract in a
workmanlike manner and in strict compliance with the plans and specifications,
and will pay all claims for labor and materials used in connection with said
improvement, the indemnify the said City for all damages, costs and expense
incurred by reason of damages to persons o
performance of said Contract and ~ll .:~.~ .... ~?o~[ty arising throu h the
which it may be required to make in order to complete said Contract according to
, ...... ,muu~ ;ne cl~y for any outlay o~ money
the plans and specifications and will maintain in good repair said improvemeht
for the period specified in the Contract where this bond is Obligated for
~intenance, and will faithfully comply with all of the provisions of Section 573
the Code of Iowa, then this obligation shall be null and void, otherwise it
shall remain in full force and effect.
All the conditions of this bond.must be fully Complied with erore the
b ~
principal or his surety will be released.
The Contract, Contractor's Proposal, and plans and specifications shall be
considered as a part of this Bond just as if their terms were repeated herein.
Dated at Dubuque, Iowa, this 3rd day of _, OctoSer , 2000
Klauer Development Corporation dba
Klauer Construction Co~ /
~e ~ent ~/ v
~'~e~ States ~idelity and
Guaranty Company
Surety
,Lorne-y i~-~act, Na:cy D. Schwarz .
Attorney in Fact
* " StPaul
POWER OF ATTORNEY
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
United States Fid~Iity and G~mranty Compmay
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters~ Inc.
Power of Attarney No. 20352 Cerfillcate No. ~.39332
KNOW ALL MEN BY 11~ESE PRESENTS: ~aat Seaboard Surety Corapany is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire and Marne Insurance Company, St- Paul Guaraian Insurance Company and St. Paul Mercury Insurance Company are corporations duly orgaalzed under
the laws of the St~e of Minnesota, and that United States Fidelity and Gum~mty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidal~ty and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty ]nstmmce
Underwriters, Inc. is a corporation duly organized under the laws of the State of W-nsconsin (here/n collectively called the "Companies"), and that the Companies do
hereby make, conslitate and appoint
F. Melvyn Hmbetz, J. E; Clay, Greg T. LaMaix, Joyce O. Herbert, Nancy D. Schwarz, Mark E. Keaimes and Melissa L. Evans
of the City of. Des Moines State Iowa their true and lawful Atlomey(s)-in-FacL
each in their separate capacity ~f more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
1N WITNESS WHEREOF.
Seaboard Surety Company
St. Paul Fir
SL Pani Mercur~
On thla ]st
da~v of December _, 1999 .
and Goaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters~ Inc.
day of December , 199~ before me, the undersigned officer, personally appeared Jolm F. Phinney and
Michael R. McKibbe~ who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seabird Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
smd Compames, and that they, as such, bemg authorized so to do, executed the foregoing msmunent for the purposes therem contained by signing the names of the
corporations by themselves as duly authorLzed officers.
In Witness Whereof; I hereunto set my hand and official seal.
My Commission expires the 13th day of Jniy, 2002.
e
REBECCA EASLEY~ONOKAI~, No!m3r Public
86203 Rev. 11-99 Printed in U.S.A.
f This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company, St. Pani
Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Coinpany, United Slates Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc. on September 2, 1998, which resolutions are now in full force and
effect, reading as follows:
RESOLVED, that in connection with the fidelity and surety insurance business of the Company, ail bonds, undertakings, con~racts and other instruments relating
to said business may be signed, executed, and aclmowledged by persons or entities appointed as Attorney(s) in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Atiomey for and on behalf of the Company may and shall be executed in the name and on belmlf of the
Company. either by the Chainnm~, or the President, or any Vice President, or an Assistmxt Vice President, jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and
tbe seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relat~g thereto appointing Attorney(s) in-Fact for purposes
oniy of executing and attesting bonds and undertakings and other writings obligatory in the natm-e thereof, and subject to any limitations set forth therein, may
such Power of Attorney or certificate bearing such facsimile signature or fucsirnile seai shail be valid and binding upon the Company, and any- such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to
which it is vaiidly attached; and
RESOLVED FURTItER, that Attomey(s)-in-Fact slmll have the power and authoriW, and, in any case. subject to the terms and limilations of the Power of
Attorney issued them, to execute and deliver on behaif of the Company and to attach the seai of the Company to any and all bonds and undertakings, and other
writings obligatory in the nature thereof, and any such instrument executed by such Attorney(s)-inrFact shail be as binding upon the Company as if signed by an
Executive Officer and sealed and allested to by the Secretary of the Company.
I, Michael R, McKibben, Assistant Secretary of Seaboard Surety Comp~my, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company,
St. Paul Mercury insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Compm~y, and Fidelity and Guaranty Insurance
Underwriters, Inc. do hereby certify that the above and foregoing is a tree and correct copy of the Power of Attorney executed by said Companies, which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF, I hereunto set my hand this
.~..,-.~
To verify the authenticity of this Power of A~torne)
the above-named individuals and the details,
3rd dayof October
2000
Michael R. McKibben. Assistant Seca~tmT
' clerk, please refer to the Power of Attorney number,