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Door Relocation_Engineering Dept.THE CITY OF DUB E ~,-~-~ MEMORANDUM February 16, 2007 TO: Michael C. Van Milligen, City Man FROM: Gus Psihoyos, City Engineer SUBJECT: Door Relocation -Second Floor Engineering Offices Enclosed is the contract between Klauer Construction, Inc. and the City of Dubuque for the Door Relocation Project -Second Floor Engineering Offices. I have reviewed the documentation and found it to be in order. Ken TeKippe has approved the Certificate of Liability Insurance to ensure its compliance with the City's insurance requirements. I would request that you execute the attached documentation and return it to my office. cc: Steven Sampson Brown, Project Manager Attachs. THE Ct7Y OF Dui E G~ U ~~ CITY OF DUBUQUE, IOWA SHORT FORM PUBLIC IMPROVEMENT CONTRACT City of Dubuque Engineering Department 50 W. 13th Street Dubuque, IA 52001 (563) 589-4270 (563) 589-4205 FAX 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 Klauer Construction Company (Contractor) ontractor Name) of the City of 1015 Century Circle, Dubuque, Iowa 52002 (Contractor Address -City and State) PROJECT TITLE: Door Relocation - 2nd Floor -Engineering Department For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: To furnish all material and equipment and to perform all labor necessary for (the Project): Removal of existing door in Bob Schiesl's future office (currently Gus Psihoyo's office), fill in opening and cut new door west of the existing door. Price shall include all drywall finishes, new door, painting, staining, allowance for electrical and flooring as per attached proposal. Also included is Alternate #1 which will adjust the door in Gus Psihoyos's new office (currently Steve Brown's office) to swing into the office as per attached proposal. The work described above shall be completed at the following location(s): City Hall - 2nd Floor Engineering Department. 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 suchclaims 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 February 17, 2007 (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 $ 3,653.00 THE MAXIMUM CONTRACT AMOUNT SHALL BE LIMITED TO AN INCREASE OF 5 % OF THE ABOVE LISTED ESTIMATED AMOUNT. CIT OF DUBUQUE, IOWA ichael C. Van Milligen D to City Manager PRINCIPAL: K r~~v~- C~,~ sri~'~rr-v~,' o Contr r gnature Date Printed Name per: Title ACKNOWLEDGEMENT OF ATTACHED ECIAL CON IONS: By: ~~'~~ ~ v ~ nature Date Printed Name n~-~- Title Page 3 of 4 The following special conditions shall apply to this Project: See attached proposal dated 6/16/06 REV. 12.1 /O6 Page 4 of 4 KLAUER C011TST~UCTl011t COIi[P~1NY 1015 Century Circle Dubuque, IA 52002 Phone: 563-588-0247 Fax:563-588-0370 PROPOSAL DATE PROPOSAL# 6/16/200b 1676 NAME /ADDRESS I City of Dubuque City Hall 50 W 13th Street Dubuque, IA 52001 PROJECT PROJECT NUMBER DATE OF PLANS BID DUE DATE Door Relocation @ Engineering N/A 6/16/2006 WE PROPOSE TO: TOTAL FURNISH ALL NECESSARY LABOR, MATERIAL AND EQUIPMENT TO COMPLETE THE FOLLOWING AREAS OF CONSTRUCTION AS SPECIFIED. Provide labor, material &, equipment to remove existing door in Bob's future office and in-fill opening. Cut in new opening to install new door to west of the existing door. Price includes drywall finishes, painting, staining and electrical allowance to relocate two receptacles. Electrical Allowance 480.00 Flooring Allowance 250.00 KCC Labor 832.00 Materials: new 3068 SC oak door, door casing, base trim, framing materials, sheetrock, fastners 685.00 Finish Allowance: drywall finishes, painting & staining 700.00 ALTERNATE #]: Provide labor, material & equipment to remove & reinstall the door on Gus's future office so the door will swing into the office & the new door installed at Bob's office can be moved further to the west. This change will require the motion sensor to be relocated. Add to the base bid ............................................................................................................$706.00 Cost Break Down for Alternate: $416.00 (KCC} ; $290.00 (Electrical Allowance) NOTES: 1) No fees, permits or bonds included, if required. This proposal may be withdrawn if not accepted within 30 days. TOTAL $2,947.00 ACCEPTANCE OF PROPOSAL, Sign & Date AUTHOR IZED SIGNATURE / oLe.~ IC , l~ PROJECT INFORMATION REQUIREMENTS FOR STATE OF IOWA SALES TAX EXEMPTION CERTIFICATES FOR CONTRACTORS & SUBCONTRACTORS Submitting Department: ~1(t,~)C~k1UG Please complete this form in its entirety and submit along with the executed Construction Contracts, Bonds and Certificate of Insurance. Upon receipt, the City Finance Department will work with the Iowa Department of Revenue to issue Sales Tax Exemption Certificates to the approved contractor(s) to allow for the purchase or inventory withdrawal of materials for the specified Construction Project free from State of Iowa Sales Tax. Construction Project Name: Door Relocation 2`~ Floor Engineering City Hall Project Description: Relocate Door Start Date (Bid let date): February 14, 2007 Completion Date: February », 2007 1. General Prime Contractor: Contact Name: Klauer Construction Company Complete Address: (Include PO Box and Street Information) 1015 Century Circle City, State, Zip Code Dubuque, IA Telephone Number: 563-588-0247 Federal I.D. Number: (or Include Social Security Number) 42-1483063 Work Type to be Completed: Carpentry 2• Subcontractor: AG Electric Complete Address: (Include PO Box and Street Information) 490 E. 14th Street City, State, Zip Code Dubuque, IA 52001 Telephone Number: 563-588-4253 Federal I.D. Number: (or Include Social Security Number) 42-1213196 Work Type to be Completed: 3• Subcontractor: Complete Address: (Include PO Box and Street Information) City, State, Zip Code Telephone. Number: Federal I.D. Number: (or Include Social Security Number) Work Type to be Completed: C:\DOCUME-1Uschluet\LOCALS-1\Temp\XPGrpWise\Sales Tax Exempt Certificate Information Summary 7.21.05.doc DATE (MM/DD/YYYY) A'CORDM CERTIFICATE OF LIABILITY INSURANCE of/os/zoo? Pq iDUCER (563) 556-0272 FAX (563) 556-4425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION FRIEt:MAN INSURANCE INC. ~ ~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 202 FISCHER BLDG. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. BOX 759 DUBUQUE, IA 52004-0759 INSURERS AFFORDING COVERAGE NAIC # INSURED Kl auer Development Corp INSURER A: West Bend Mutual Insurance Co 153 50 KCC Klauer Construction Company INSURER B: 1015 Century CT rcl a INSURER c: Dubuque, IA 52002 INSURER D: INSURER E: wva_nr+ ~.. -- THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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 .ure eunu/ni r,~ev ue\/C RCCrJ RFnI l(:FI-1 RV PAID CLAIMS. INSR v DD' `v YM TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY BCI019982112 12/31/2006 12/31/2007 EACH OCCURRENCE $ 1, 000, OOO X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ lOO , OO CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 5 , OOO A PERSONAL 8 ADV INJURY $ 1,.000, OOO GENERAL AGGREGATE $ 2 , OOO , OOO E N'L AGGPEGATE LIMIT APPLIES PER: PRGDUCTS - COMPiOP AGG $ 2 ,GOO , OOO G POLICY X JEC LoC AUT OMOBILE LIABILITY BCI019982112 12/31/2006 12/31/2007 COMBINED SINGLE LIMIT (Ea accident) $ X ANY AUTO 1 , OOO , OOO ALL OWNED AUTOS BODILY INJURY (Per person) $ SCHEDULED AUTOS A X HIRED AUTOS G BODILY INJURY (Per accident) $ X OWNED AUTOS NON O ~ - ~,., n ~J PROPERTY DAMAGE P r ident) $ ( acc e ILITY ~ ~ AUTO ONLY • EA ACCIDENT $ GA RAGE LIAB UTO Y OTHER THAN EA ACC $ AN A AUTO ONLY: AGG $ SAIMBRELLA LIABILITY CPI023805610 12/31/2006 12/31/2007 EACH OCCURRENCE $ 5 , 000, OOO EXCES R ~ CLAIMS MADE X AGGREGATE $ 5 , OOO OO OCCU 0 A $ EDUCTIBLE $ 0 D 0 X RETENTION $ $ SATION AND E YPI019982214 12/31/2006 12/31/2007 X we STATU- oTH- N WORKERS COMP ' OOO SOD LIABILITY EMPLOYERS E.L. EACH ACCIDENT , $ A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYE $ SOD, OOO M yes, describe under E.L. DISEASE -POLICY LIMIT $ 5OO , OOO SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS he City of Dubuque, including all its elected and appointed officials, all its employees and , all its boards, commissions and/or authorities and their board members, employees and olunteers _ olunteers~are included as Additional Insureds on the above Liability (Form CG2026). overnmental Immunities Endorsement applies. Waiver of Subrogation applicable to Workers ompensation. RE: Door Relocation - 2nd Floor Engineering -City Hall SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Kr~X MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMfD TO THE LEFT, CITY OF DUBUQUE X~( l4A(l6Is~A~4X~YaX)(aSDC~(XX ATTN: KEN TEKIPPE 50 W 13TH STREET d(~(AHfrXdE•K~(I~l6d(X~fJC~(I~1~K~E/x/~d//(&HtXX4i(Xil+~>~6~fX~(`~fXXXXXXXXX DUBUQUE, IA 52001 AUTHORIZEDRL~ i1 ~~~~ Terrance r CAV . cQn_nQOn [;~ noCnFtri CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF GOVERNMENTAL IMMUNITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. ~-~~• ~ ,~ ,~ ,./ ~ ` ~ ~ ~~C ~° ti CG 24 1411 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 ^ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED -DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) _ Information re wired to com lete this Schedule, if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1