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Contract-Bond_Mainline Excavating_Eagle Point Park Water Main Ext project Copyrighted October 1, 2018 City of Dubuque Consent Items # 20. ITEM TITLE: Improvement Contracts / Performance, Payment and Maintenance Bonds SUMMARY: Advanced Environmental Testing and Abatement, Inc. for Asbestos Abatement at the former Bowling and Beyond Site; Drew Cook& Sons Excavating Co, Inc. for the Millwork District Parking Lot#2 (Elm Street); Gansen Excavating, Inc., for Twin Ridge Lift Station Abandonment; Mainline Excavating Co., Inc. for the Eagle Point Park Watermain Extension &Water Service Replacement Phase I; Peterson Contractors, Inc. for the McFadden Farm Grading Phase I; Playpower LT Farmington, Inc. for the Flora Park 2-5-Year-Old Playground Equipment and Poured-in-Place Surfacing Project. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Advanced Environmental Testing, Inc. ContracUBond Supporting Documentation Drew Cook& Sons ContracVBond Supporting Documentation Gansen Excavating ContracVBond Supporting Documentation Mainline Exacavating ContracVBond Supporting Documentation Peterson Contractors ContracVBond Supporting Documentation Powerplay LT Farmington ContracUBond Supporting Documentation � f � � � i� PpJBLI� I��RC}1(I��hl�` 4C�9�11'IRA�T ; '�i ��T«� oo�oo ' ' � '� E/��L.E 9�(�iNT �r4RFC Ifld/�7E�tB��l�hl E7CTEN�I�N �1lVAl"�Fb SER1/IG� IeEPL�i�ENIENT-- i � �9-1i4 al� 1 ; I� o ,� � THIS IMPROVEMENT ClJI�TRACT (th� Caritr�ict), rrrade in tripi9cafie, dafied �or references i I purposes the .�day of � .. : :, 20�8 b�fiw�en the City of Du�uque, I�wa, by its ! City Manager, through authorifiy c nferred upan the City Manager by its City Councif (City}, and � i� Mainline Excavating Co.,Inc.(Cc�ntractor). � ; Far and in cansideration of the mufival covert�nts he�'ein contained, the parti�s hereto agre� � ! as fiollows: , I� CC1NTR�tGTO� �6��EE�: i � 1, To furnish all rnaterial �nd equipment and to perForm all iabor necessary for�he �AGI�E PQl�1T ; �� PARK VIlATERMAIN EKTENSION AN�WA`TER S�RVIGE PR�JEGT-PHASE 1 (Project), �,I'i 2. Ct�NTRACT DQCUMENT� l A. Th� Contract Documen�s consis� af the following: '� 1. Proj�ct Tifile Page (Sec�ic�n 001 OQ). , ! :1 2. Proj�ecfi Directory Page (S�ction OQ101). ;i I� 3. This Public Impravement Contract (Sec�iort fi�Q500). : 4. PerFarmance, Payment, and M�intenance �and (S�ction 00600�. � 5. Th� lov�a Statewide Urban fJesign And �pecifications (�UDl�S) 2017 �ditian, I 6. CITY OF �UBUQUE Supplementa! �pecifications 2017 Edi#ion: ' '� 7. Qther Standard and �upplementary Specifiicatians as lisied on the Titl� Pa�e of the � �on#ract Document ManuaL ;� r 8. Special Pravisions included in th� pra�ecfi Confiract C�ocument Manua9, 9. nrawings —Sh�et No. through Na. (00 pages} or drawings consisting of ' �he�ts bearing the following general title: ' �Nat�4pplica�le � , 10,Addenda (numbers 01 to 02 , incl�[si��), 1�. Insurance Provisions and F��quirem�n�s (�ection �07fl0). ' 12. �al�s Tax Ex�mption �ertificafie �Section 0075Q}, I 13. Con�truction Schedule and Agreed Cast of C►elay (Sectian 0(}SOQ}. � �4.Cansent G�ecree (Sectian 01000). �5.i�:.fh�r Pr�ject;lrifio�'rn�ti�,n:�n�:Permit�.(.��t.f�;ri 0'�:1 p0}, � 16.Exhibit�to this Confiract (enumerafied as follows): � � � �, Con�racfor� �id'(page�,_fio,�, irie[u,s:i�e).: � b. Bidder St�tus �orm (Secfiion OD460). � � � � � . � i c. Contractor Background Information Farm (Sec�ian Q0471) ' � 1'7.The foliowing which m�y be deli�ered ar issued on or afterthe E�ecfiiv� Date of the � Agreement: a. Notice fio Prr�ceed (Sectian 00$5(}). � ; i b. Project Certification Pa�� (Section Oq1Q2}. � c. Ghange arders {Nat attached fio this agreemenfi), � � There are no other Gontract Dacuments. The Contrac� Documents may aniy b� am�nded, � madified, or supplernented as provided in General Condifiians. { 3. All material� used by the Cantractar in fihe Project must b� af th� qu�lity required by the Contracfi Documents and must be installed in accordance witi� the Gontract Documents. � 4. The Contractor must remove any mat�rials r�jected by fihe City as d�fective or improper, or ; �;; any of said work condemned as urtsuit�ble or defective, and fihe Same must kae replaced ar � �� r�dc�ne to the �ati�faction afi the City afi the sole cosfi and expense of the Contractor. ! I 5. Five p�rcent �5°!0) nf fihe Contract price will be retained by the City far a period of thirty �3p} a days after f�nal completian �nd accepfiance of the Praject�y the City Cauncil to �ay any claim ; by any parky�hat may be fil�d fiar labor and materials done and �urn�shed in connection with j the perFarmance of this Contract and for a fonger period if such cl�ims are not adjuste�wifihin that fihirty(30) day period, as provided in lowa Cade Chapter 573 ar lawa Gode Chapter 26, � The City wil4 also retain additional sums�a protecfi itself again�t any claim that ha� been fiiled � 1 againsfi it for damag�s ta persans or praperty arising through fihe prosecutian of the work and � such sums will be held by the City until such claims have been �ettled, adjudicafi�d or N ath�rwise di�posed af, f� fi. The Contractor h�s read and understands th�-Contract Dc�cument� herein referred to and � agrees not ta plead misunderstanding or deceptian r�lated to �sfiimates af quantity, � characfi�r, lacation or other conditions for th� Project. 7. In additian fio any warranty provided for in the specifications, the Contractar must also tix any � ofiher defect in any part of the Project, even if�he Project has been accepfied and fully paid � for by the City. The Confiractar's maintenance band will be security for a period of twa years k' after th� i�suance af the C�rtificate of Substantial Compl�tion. � 8. The Contracfior must fully camplete fi4�e Prajecfi under this Canfiract on ar before fihe date � indicated in tt�e �anstructian Schedule and Agreed Cos�c of Del�y S�c�ion of the t�ontract � � Dac:umer�ts, � � 9. INDEMf�fFICATION F�OM TH1RD PARTY GL.AIM�. To the full�st ex�ent permitted by law, Contractor shall de�end, indemr�ify and hald h�rrnless City, ifis afficers arrd employees, fram and again�t all claims, damages, losses and �x��nses claimed by third parties, but nt�t ' inciuding any clairns, damages, loss�s ar exp�:nses of the parties to this Cantract, including but not Iimited to attorneys'fi�es, arising aut of ar res�alting from perFormanc�of fihis Contr�ct, provided fihaf such clasm, damage�, lass or exp�nse i� af�ributabl,e t� badily injury, �ickn��s, disease or death, or injury to vr des�ruction af prop�rky, including 1��s of u�e re�ulting fhere from, but c�nly to the �x�en� cau�ed in whaie or in part by negligenfi �cts or nmission� af Contractar, or anyane directly or indirecfily+�m�layed by Confracfior or�nyane for whose acts Contractor may b� liable, r�gardless o�whe�her or nofi such ciaim, darrsag�, loss or expense is caused in part by a party i�demnifi�d hereunder. � � �i �� i � 10. The Contractar hereb re res�nts and uarantees fihat it has not nor has an ofih�r ersan I ';I Y � � , Y P � ,� �or or in it� behaif, directly or indirectly, entered into any arr�ngement ar Cantract wifih any other Bidder, or with any public o�'ic�r, whereby it has paid or is to pay any afihar Bidder or � ; „ public officer any sum of money or anything of value whafi�v�r in order to obtain this Contract; N and it Yta� not, nor has another p�rson far or in its behal�' directly ar indirecfily, entered infio � any Contractar arrangement �+v9th any ath�r persan, firm, corpora�ion or association which � tends tca or does lessen or desfiroy frc�e cor�tpetition in the award of this Contracfi and agree� ; tha� in case it h�reaffier be e�ta�lished that such representafiions or guarantees, nr any of � fih�m are false, it will forfeit and pay nofi I�ss than ten percent(10°fo)of the Contract price but � � in na svent less than $2,000.00 (Two Thousand Dollars) to the Cifiye ! !i 11. The sure�y on the Bcind furnish�d for fihi� Cantract mu�t, ir� addikian fo aEl other provisions, j� be obligafed to the extent prou�ded for �y lowa Code 573.6 relafiir�g to fih�s Con�ract, which � prc�visians apply to said Bond. �� , �12. The Contractor agrees, and its �and is surety fiherefiore, thafi after the Cerkificat� of Final i Completion has been issued by th� Cifiy, it wili keep and maintain the Praject in gaod r�pair �f� for a period of twc� (2� years. � :� 13. The Praj�ct must be constructed in �tric�accordance with the requiremenfis afi th� laws of fihe � ;; �tate af lowa, and the Unified 5tates, and ord�nances af the City of �ubu�ue, and in ' '� accordance with the Contrac� �ocumenfis. . '; A. All applicabi� standards, ordars, or regulafiions issue� pursuan� ta the Cfean Air ,4ct of �,I� 1970 {42 U. S. G. 1958 (H) �t. �eq.} and the �ederal VVater Pall�at�on Act (33 Ll. S. C. 1368 efi, seqa} as amended, Execufiive Order 11738, and Enviranmer��a1 Protectian h Agency regulatic�ns (40 C�R, Part '15}. Can�ractor m�ast comply wifih Section 103 and � 107 of the Contract Work Hour� and Saf�ty Standards Acfi (40 USC 327-330} ar�d � f�e�arkmen�of Labar Regul�ti�ns (29 CFR, Park 5). �i � �. The City of Dubuque in accardance with Tit1e VI of the Civif Right�Act ofi 1964, 7� Sfiat. �� 252, 42 U.S.C. 20QOd-2QC�Ods4 and Titl� 49, Code of F'ed�ral F�egulatian�, D�partment � of Transpar�atican, 5ubtitle A, (7ffice of the Secretary, Part 21, fi�andiscrimination in . �, Federally assisted programs of the D�par�rnent ofi 7ransportafiican issued pursuan� ta „ �uch Act, h�r�by noti�ie� afl �idders fihat ifi will affirmatively insure that in ar�y contract , � enfi�red into pur�uant tci this adver�isement, minority bu�ine�s ent�rprises will be , afforded full oppartunity to �ubmit bids in response to thi� invifiatian and will not b� di�criminated again�t an the grounds o�r�c�, calor, nafiional arigin, sex, age, ar disability in con�id�ratian for an award. � � � �6 ; b � I �� Th6E CtTSP �f�REI�S: ; � 14. Upon the completion of the Cantract, and the acceptan�ce of th� Praj�c� by the City Councii, ; and subject to the requirements of lav�, the C�fiy agrees to pay the Gontractor as �'ull � ,� compensation for the complets performance of this Contract, the amoun� determined fior ; � the fiofial work compfet�d at the pricets) stated in fihe Cantractor's Bid Proposal and less I I� any Agreed Cost of Delay provide� for in the Contract Documents. ! CONTRACT AMOIJNT $ 78,903.OQ ; � � , lf CI'TV C)F� C1l�BUC�l7E, ICBWI�►; � � Cify Mana�per I� �epar�men. _ � j i II a � y. , � � si natu i g _ Michael G. �lan Milliqen � '; Printed�lame li i I Cit Mana er � � ;; Tit�e � ' , �� II ,; i� Date _ _ _._ li li , p i �or�T��cr��: � � Mainline �xcauatin . Inc. � � s�trac or�� . _ j ; B °'�`� '� , , y � . ; , Signature .. 9 i � �� i Printed Name ' ��..��-�.. ; Y�t�� , �I�z.��.at� � � Daie � i --�� a� s�cT�c�� oo�o� ��,�� I��TIC7N 01�t�0 � ;, Paga 1 fl�2 � � �I��T1�]� �'�OQQ � � � �c��-r ��c�� ! ,' RELATibVG T�J THE 1�1�{aJEGT ' � iI 15. � THIS CC}Nl"RACTC?R IS PERFORMING WC?RK FGFi THE CITY OF DUBUQUE REI�ATED T0 'I TH�WATER& RESQURCE RECOVE�F�.Y CE(�TER OR THE SANITARY S�WER i I; CULLEGT'ION S'3'ST�M. THEREFORE, TH� C4NSENT D�CI�EE ANC1 T'H1S SE�GTIO�I ARE I ;I APPLIGABLE. � � � � ; ClTY : CONTRACTOR ' � � TH}5 CO�ITRACTOR l� NfJT F'ERFC7RMING WORK �'OR TH� ClTY OF DU�WQU� �;� R�L�TED TO TH�WAT�R& RESOURCE R�GOVLRY GENTER OR THE �ANITARY ' i; SEW�R GOLL�CTIOhJ SYSTEIVi. THER�FC?R� TH� CONSENT DECREE AIVD THIS �l SECTIC�N ,AR� NaT AI�I�LICABLE. �1 � The City has ent�red into a Consent Decree in the case of The United 5tates ofi America, and the �tate i; of iowa v. The City af Dubuque, lowa, Civil Actian Number Case 2:11�cv-01011-EMJ, �ivil Action �i Number 2008VQ0�41, DOJ Gas� Number 90-5-1-�-a9339, United �tates Disfirict Court for tne Norfihern � I; District af lowa. The provisions of �he Con�ent D�cree appfy to and ar� binding upon the City and its ii afFicers, directors, employees, agents, servants, successors, assigns, and al1 persons, firrns and 'ij �orporatians under cantract wi�h fihe City�o p�rform fih� obligations af the Consent Decree. '�I The Cifiy is required to pravide a capy af th� Cor�sent Decree to any contractor ar consultanfi retained t� I'4 � perForm work required by the G�r�sent Decree. � A copy of th� Consent Decree is inc{uded in the Can�ract Documents and can be view�d at H h�t�,�.//�,_www.cit ofdu�u ue.or IC�ocum�ntGenterl�lomelView1�173. A hard copy is available upon ,j r�quesfi afi t�e City's Engineering Departm�nt C}ffice. ? , €I ,:� Th� City must condition any contract fo p�rform v�rork r�quired under th� Cons�r�t Decree upon ;I performance af fhe work ir� conformity wit}� the provisi�ns ofi fihe Ceansent Decree. � I� The Consent Decree also provides fihat unfil five (5) year� after fihe termination of the Cansent Decr�e, • �i t�r� City musfi re�ain, and must instrucfi its cc�ntractors and agenfis to pr��erve, all non�identical copies of � all documenfi�, repar�s, data, cecQrds, or other informatian (including documents, record5, or oth�r � inform�tian in efectronic form)in its or its contr�ctor�' or ag�nts' possession or cantral, ar that come into ` its or it� confiractors' or ag�nts' posses�ion or can�rol, and that relafie in arty manne� ta fihe Gity's � performanc� of it� obligation� under this Con�ant Decree, including any underlying r�search and an�lytical data. This infarmatian-r�tention p�riod, upon r�quest by the United Sfiates or the Sfiate, the City must provid� capies af any documents, reporfs, analy�ical data, or other information required ta �e main�ain�d und�r fihe Consent Dec�Te�. �1fi #he canclu�ion af tt�e information-retenfiion period, the City rnust nofiifiy the United 5fiates and the State at least nin�ty (9Q) Days prior to the destructi�n of any documenfis, records, Qr afiher infarmation subject fio such requirements and, upon requesfi by�h� United Sfiates or the State, the Cifiy must deliver�ny�uch documents, records, or ather informatian to the EPA or 1DIVR. ��I��'IFICATIClN �Y ��TRA�CTC�R The undersigned, on beh�lf ofi'the Cor►tractor, wifih full authari�y to act on behalf of fi�te Contractor, � cer�ifies to the Cifiy o�F�ubuque as follaws: � , � � � � � f �ECTiC3N 0'1000 Page 2 ofi 2 � i I i � 1, I have received a capy ofi fihe Cansenfi Decree in the case of The United Sfiate� of ; ' � America, and the 5tate of lowa v. The City of Dubuque, lowa, Givif Action Number � � � � �ase 2:11-cv-a1Q11-EMJ, Civil Acfiior� Numb�r2Q08V00D41, DO.! Case Number9Q- � � 5-1-1-09339, United States District Caurt for the �lorhh�rn Risfirict of 6owa. ! � � i 2, Ail work performed will be in confarmity with the provisions of the Cons�nf Decree. � � 3. All documenfs repor�s, da#a, records, or ofiher infiarmation (including documents, ' records, or other information in elecfironic form}tf�at relate in any manner fio th� perFarmance of obligatians under the Cor�sent Deer�e, including any underlying ; research and ana(ytical dafia, wiil b� retai�ne� as required by the Cansent Decree. � ! Q,. The Contractor agrees fio defend, indemnify, and hald harmless t1�e Cifiy, its afficers, �; ';; a��nts, or employees from and against any claims, including penalties, costs and ; ;i fees as provided in tl�e Consent Decree, r�lafiing ta or aris9ng out af the Cantractar's '' fiai[ure ta carn I wifih the ConSent Decree. '! PY , ; CtJ[Vl'��1'4:91�: . . . .�,o C, �� •--�Co tractor ; By. . _ i� Signature ; � � �Y� �, P inted Name �t..�w�-� � j Title . , �� .� l� . ; , � , Dake , � �i : � � q !I � I � I � � _ _ � � I 1 � SECTION 00610 ; Page 1 of 1 � i � C�U�"-aF—��'�eTE �t�lf�Tf��CTC}F� �CJ�I3 i '� , �ECTIUN 0061C} � � ; An out-o�state Contractor must either file a s�irety Band, as provided �n lowa Code section 91C.7, � � wifih the lowa Division of Labor Services in the amount vf twenty-five thausand dollars {$25,000) � � for a �n� (1) y�ar periad ar must provide a statament ta the lowa Divisian af L.abor Services that ! ', the co��r�ctor is pr�qualified to Bid on proj�cts far the {owa Departmenfi of TranspQrfation 'i� pursuant to lawa C�de Sectian 314.1 f ''�; � I; An aut-af state Contractor, befare commencing a contract irt excess of five thousand dollars � ii ($5,000} in value af(owa, must file a Bond with the Ic�wa Division of Labor Services of the lowa ; �� Department of Worl�forc� D�v�lapmcnt, A Surety Band fiiled pursuant to �owa Cade s�ction 91C.2 , ',; must be �x�cuted by a surety campany authariz�d to do business in this state, and the Bond must I� b� continuous �rt nature until canceled by the Surety with nofi less than tY�irty t30} days; written i notic� ta the confractar and fio t�e Diuisic�n of Labor Service� of the lowa Department�f Wark��rce = '�, DeVelopment in dictating the surety's d�sire ta canc�l th� Bond. The Sur�ty corrtpany �s liabl� ; under the Band for any cantract camm�nced afiter the cancell�tion of the B�nd.The B�nd must be , '� in th� sum of the greater of the�ollowing: � ; � (1y One tl�ousan�d dollars ($1,��40.Q0}; or � � I� �2) Fi�e perc�nfi (5°Ia) of the contract pric� � I An out-af-state Gorrtractor m�y file a blank�t Band in arr amount at least equal to ffty fhousand � dollars �$50,000} for a two (2} year period in ii�u �f filing an individuai Bond for each Cont�act. The � Division af Labor Services of th� lowa D�parkment af Workforce Develapment may incr�ase tl�e �� Band amaunt after a hearing. �� i' �� ; ,� �_�� RdL� �F�ECT1t3N 0�610 �-�� j � q � I! �� i �S�CTi�N 00700 � � I!i I �4 IN�URA�V+CE Pf��1��S1�MS �4 �� SECTIC?N 4070Q � �rvD o� s�cT��N oo7ao =___ � _ � 1 ; ; � � li � � ; ' � i � i �� ,� ; i �� I ��3 1 , ; � � ; ; i ; � � ' p ;� �i �� ;; i, � � �� V' i I � . � � � � � i i � City oF Dubuque[nsurance Requiremen�s far�eneral,Arfiisan or 7rade Cnntractors, i Subcontractors or5[�b�Subcor�tractors � � �I , � l�9�U�AIN�� SGk�EC�ULE � , , I � ; ClassA: ' � Asbestas C�emoval �'iber Qptics Sanitary Sewers 3 i� Asphalfi Paving Fire Proteckion Sheet Metal � � Concrete �ireproofing Site Ut9lities � Construction Managers General Contracfiors Shoring � Cranes HVAC Special construction , Cul�erts Mechanical Steel �� decking Paving&Surfacin� Storm s�wers �� D�mofition Piles& Caissons 5tructural Steel i I Decanstructinn Plumbing Trails ; p Earfihwork Retaining Walls Tunneling j �l Electrical Reinforcement Water main I �levators Roofing � � � � �� Class B: . Chemical Spraying Landscaping Raugh Carpentry Daors,Windaw& Masonry Stump Grinding '. Glazing Vehicular Snow Removal Tank Coating �+ Drywall Systems Painting &Wall Cavering Tree Remaval i FertiiizerApplieation Pest Contral Tree Trimming ; Geat�ch Boring Scaff6lding Tuckpoinfiing Insulation 5id�walks Wa#erpraafing �� Finish Carpentry Plastering Well Drilfing '�� Class C' � Carpe#Cleaniny Gen�rai Cleaning !'ower Washing � Carpet&Resi�ienk Grass Cutting Tile&Terrazzo Floaring Flooring Janitarial Windaw Washing ,� Gau{king &5ealanfis Nan Vehicular Snow& (� Acoustical Geiling Ice Removal j FilterCleaning flffice Furnishings � �1 �i � , Page 1 of 6 Sch�dule�, Generai,Artisan or Trade Contractors,Sulacon�ractars ar Sub Subcontractors November 20'f7 i City of Dubuque Insurance Re,quirements#or General,Artisan or TradeContractars, � Subcantractors ar�SubSubcr�ntractors ' � �I��Ul�ANCE SCHEDULE F �cc�ntir�u�d} ;� ' f 1. Cantractor shali furnish a signed certifiicate af insurance ta the deparfi��renk responsible for tf�e cantract f�r the coverage requirad in �xhibit I prior ta cammencing wark and at the end of the j i� project if the term of work i5 fonger than 60 days. Contractars presenting annual certlficates shall j � presenfi a certiticate at Ehe end of each project wi�h the final billing. Each certifica�e shall be prepared an the mast current ACORD form approved by the Inwa Departmenfi of Insuranca ar an ; equivalent appraved by the Finance Director.The certificat�must clearly indicate the project ; nGimber, project name, or project description for which it is being pra�ided�g, Prc�ject#; ' 350-1�v8 Proj�ct name: Eagle Point Park Watermain Extensian&Water Seruice Replac�m�nt- Phase 1. _ I E 2, All policies of insurance required hereunder shalf b�with an insurer aufiharized to do business irr lowa and aU insurers shall have a rating of A or better in fihe current A.M. Best's Rating Guide. 1 3, Each Gerkificafie required shall be furnished to the Leisure Services Deparkmen�of the ! City af Qubuque. ; �� A, Failure to provide the coverages dsscribed in this Insurance Schedule shall not be deemed a ; ,waiver of these requirements by the City of Dubuque. F�ilure to abtain or maintain the required i insu,rance shali b�cansidered a material breach of thiscontract. 5, Contractar shall require all subcontractors and sub-subcontractars to ob�ain and maintain during li the performanee of wark insurance fio,r the coverages described in this Insurance Schedule and I shall abtain certificate$of insurance frorn all such subcontractors and sub-subcontractars. �' Contractor agrees that it shall be liable fiar the failure of a subcontracfior and sub-subcontr�ctar to ' ;I abtain and mainfialn such coverage. The CiEy may requesfi a copy af such ce�tificates frorn the � Cantractor. i� � 6, All required endvrsaments to various policies shall be attached to the ce�kificate of insurance. �� . ` I' 7. Whenever an ISO farm is referenced the current edition must beprovided. , 8. Cantractor shall be required to carry the minimum caverage!lirnit,ar greater if required by law nr � ath�r legal agreernent, in Exhfbit I -Insurance Schedule F. 9fi the contractor's limits of liability are higher than the required minimum limit then the contractar's limits shall be this agreemenfi's required limits. i - � � 1 � � �� g ' I' I �� i i � � i' � Pags 2 of$ Schedule F, General,Artisan or Trade C4ntractors,Subcantractors or Sub Subcontractors November 2017 . � � �i � I � , � Cifiy c�F Dubuque Insurance Requirement�fnr General,ArCisan or TradeContractors, I � Subcon�ractiors or Sub Subcontractors ':; ; �; I�SlJRA1V�E SC�HEI�IUL� F {�anta�e��d� i li � �; i �, , ;L� �7CNIB{T I j �i Ay CC}MM�RCIAL GENERAL LIABILIT'4' � � Ganeral Aggregafe Limit $2,ppp,p�p i ri fi�roducts�Completed Operatians Aggregate Limit $2,ODQ,OOQ I ''i Personal and Advertising Injury L.imit $1,Q00,000 ; I,1 Each Occurrence $1,000,OO�d � Fire Damage Limit(any one occurrence} $50,040 i; Medical Payments $5,000 : ;' � !� 1} Coverage shall be wrififien on an oceurrence, nat claims made, form:The generai � li�bility caverage shall be written in accord with ISO form CG0001 ar business ; owners form BP0002,All deviafions from#he standard ISO commercial general i; liakaility form CG Q001 or business owners farm BP 0002 shafl be ciearly i � identified. ' '''� 2) Incfude ISO endars�ment form CG 25 04"D�signated Location(s)General r Aggregate Lirnit"or CG 25 f}3"Desigr�ated Construction Project(sj General ; I'i Aggregate Limit"as apprapriate. I �; 3) Include endarsement indicating t'�at coverage is primary andnon-contributory, ii 4) include PreserWation af Gov�rnmental Immunities Endarsement, (�arnple li __ __ _ __ --- - attached). _— ___-- ---- -- -- --- ---_—_ ___ _ __ __-_ _ _ ; 5} lnclude additianal insured endorsemen#for: �jl The City of Dubuque, including all its elected and appointed off9cials,all its �I empkoyees and volunteers, a!I its boards, commissions and/or authoritiesand , I; th�ir��ard m�r��ers, ernplayees and�olunteers, l7se ISO forrn CG 20 �0 i (Ongoing operations). �; 6) The additinnal insured endarsement shall includ�cornp�eted operaEions under ;� I80 farnt CG 2037 during the projact term and for a period of two years afterthe � �� carnpletion of the project. { 7) Policy shall include Waiver of Right ko Recover from Othersendarsement. � � Bj WaRK�RS' COMPEiVSA1'I�i� &�M'PLQY�RS LI,4�IL41'Y � 5tatutary Benefits cavering all employees injurad on the job by accidenk or dis�aseas !i prescribed by lowa Code Chapter85, �i � ;, n Coverage A Stafiutory--Sta4e ofi lawa � Coverage B Employers Liability � �ach Accident $1Qq,000 !H �ach Ernployea-Disease $1tl0,ODa a Pvlicy Limit-Disease $50d,000 � Palicy shall 9nclude Waiver of Right to Recover from Others endorsement. � Caverage B limits sh�ll be greater if required by fhe umbrella/excessinsurer. Nonelection of Workers' Compensation or Employers' Liabilifiy Caverage underlowa Code sec.87.22 � _yes form attached � �p P Page 3 af 6 Schedule F, General,Artisan or Trade Contractors,Subcantractors or Sub Subconfractars November 2017 � . � N � � I i �� f City af Dubuque Insurance R.equirements for General,Artisan ar TradeGontractors, � , 5ubcontractor�or Sub Subcontractors ; i ,il !l�SLD�tA�1cE SC�N��3L�L� F (cart�ir�ued) ` Il � ; C) AUTQMOBILE LIABIl.I7Y � i � Combined Single Limit $1,QOO,00a i D) UM�RELLAI�XC�SS LIABIL,I7Y ': Umbrella liabilify coverage must be at ieast fit�llowing farm with th�underlying policies '� included herein. � i All Cfass A contractors with contract valu�s in excess of$10,oao,000 musthave � umbrella/exc�ss liability coverage of$10,Q4Q,OD0. ' ;; All Class A and Glass B contractors with ccantracfi vafues between $500,OOOand � II $1�,0(30,000 must have umbrella/exc�ss 1iabilify coverage of$3,040,000. ; '�, N All Class A and B contract�rs with contract values Eess than $500,004 musthaue ', II� urnbrella/excess iiabilifiy co�erage of$1,OQO,ObO, ; ' All Glass G cantractors are not required to have umbrefla/excess liabilitycov�rage. All con#ractors performing�arth wark must have a minimum of$3,000,000 umbrelia �� regardless of the contract va,lue. � E] ENVIRONkVIENTAL IMPAiRMENT LIABILITY OR POLL�JTION LIABILITY � 1 { Goverage re,quired: _yes �no � Pgllutian liabiliky cauerage shall be required if praject involves any poilution exposure far hazardaus or cantaminated materials including, b�.�t not iimit�d tcs, the remaval of lead, i� asbestos, or PCB°s, Pollutiorr product and complete operatiQns co�erage shall aiso be ` ;� covered. ;i �, Each Occurrence $2,0OO,OQO I; Policy Agg,regate $4,OQ0,000 � �; � , 1} Policy fio include jab site and transportationcoverage. ; �} Inelude additional insured fior: I� The Gity of bubuque, including all its elected and appointed officials, ai) its emplayees and volunteers, aU ifis �aards, commissions andior authorities�nd their board members, emp�ayees and volunteers. Use ISO form CG 2D10. � � {C?ngaing aperatians} as stated in A�6) above or itsequivalent. ` 3) {nclude Preservatipn of Governmental Immunities Endarsement. � � 4} Provid�e�idence ofi caverage f�r 5 years after compl�tion ofproject. , � w � Page 4 of 6 Schedule F, General,Arfiisan or Trade Contractors,Subcantractors or Sub Subcontr�ctars November 2017 � � � II� City of Dubuque Insurance R,equirements for General,Artisan or TradeConfractors, ( � Subcor�traators or Sub Subcmn�ractors ; �i 1NS11�1{�� HEC?4.1L.� �` (�t�f1$�Ir�UE:C�� i ',� F) RACL'�'',Op,b �'�'OTEGTIII�LIAB[LITY i '�I � i� Goverage required; �yes�ha � Any cantract far constructian ar demalition work on ar within fifty feet(50')from the edge � !i af the tracks of a railraad or effecting any railroad bridge or trestle, tracks, roadbeds, � ;'I. tunnel, underpass, ar crossing fpr which an easement or license or indemr�ification ofthe � ��i railraad is required, shall require evidence of the fallawing additional cauerages. ; Railraad Protectiue Liabiliky: � $ each occurrence(per limits required by Railroad} h �I $ _ policy aggregate(per fimSts,requ�red by Railroad) � �� i �i OR ;] I � � � � � � � �� An endorsemen4 to the Gammercial General Liability palicy equal tb ISO GG 2�417 ' ;� (Gontr�ctual Liability-Railroads).A copy of this endorsement shail be attached to the i certificate of insuranc�: � '; I � � III I� �� I �� I iiI 4 � � �� li � � Page 5 of 6 Schedule F, Generaf,Artisan or Trade Gontractors,Subcantractors or Sub Subcontractars Nnvember 20�7 9 � 'I ( �� il i Ci�y of Dubuque In�urance Requirements for General�All�ls�ll OM'TI'�deCOtlx�'�CtO�'s� I Subcantractors or Sub Subcantractors 1 P'RES�R�'�#T�C}N C�F GOV'E�NN�EN1'AL il�l(UlUNITIES EiVDt7RSE�EAI�" ' !� , � '�I � � 'i, 1, I�anwaiver afi Governmental Immunitv. The insurer�xpresslyagrees and stafies that the purchase ��j ot'this policy and the including of the City of Dubuque, lowa�s an Additional lns�ared does natwaive any � I� of the defenses of governmental immunity available to the City of Du�uqt�e, (owa under Code of lawa Saction 670,A �s it is now exists and as it may�e amended from time tqtime, 2. Claims Coverage. The insursr further agrees that this policy of insurance shall cover onlythose clairns not subject ta the defense of gcrv�rnmental immunity under the Code af lowa Secfiion 670.4 as if naw exists and as it may be amended from time tn time. Those claims not subject to Code of lowa ; Sectian 674.4 shall be covered by the fierms and conditions of'tliis insurancepoliey. a i 3. Assertion of Government Immunitv,The City of Dubuque, lowa shalB be responsible for asserting � li any defense af governmental immunity, and may do so at any time and shall do sa upon the timely written '�i request ofi the insurer. ; i; , �;i 4. Non-D�nial of Caverage.7he insurer shall nok deny cav�rage under this policy and the insurer I;! shall not deny any af the rights and benefits accruing ta the Cifiy of Dubuque, lowa under this palicy for I! reasons of governmental immunity unless and until a eourt af campetent jurisdiction has ruled in favar af � i; the defense(s}af governmental imrnuniky asser�ed by the Ci#y of Dubuque,fowa. , � � ' �!I No Other Chanae in Policv. The aba�e preservatian of governmental immunities shail nototherwise ;' change ar alter the cpverage available under the policy. I{ I� '� � �� J�� ' ;l � � �, I i �i II i ;'i �I� l, ii �i I (R�PA�RT'M�NT MANACsEFt; F'ILL IN ALL BLANKS A1V1]�H�CK�OX�Sj , i) II , p � � � h Page 6 ofi 6 Sehedule F, General,Artisan or Trade Contractors,Subcantractors or 8ub Su�contractors Navomber 2017 � tl � � ,�-� MAINEX G01 THARMSMYERS I�'` AC"ORO� DAIE(MM/DD/YYYY) � �,,,,�..-- CERTIFICATE OF LIABILITY INSURANCE os�z3�2o�8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS � CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ;i BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S);AUTHORIZED �° REPRESENTATNE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate hoider is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or 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 endorsement(s). PRODUCER N��T�.ACT K0VI11 EIICIICII,CIC,CRM TRICOR,Inc.-Dubuque '� 600 Star Brewery Dr., (A/�NNq ext�:(563)231-22091421 �c,No�:(608)723-6440 Suite 110 �"��ss:kehrlich@tricorinsurance.com I Dubuque,lA 52001 INSURER S AFFORDUVG COVERAGE NAIC# II wsuReR a:Acui 14184 � INSURED INSURER B: �I Mainline Excavating,Inc. iNsuReRc: ` Todd Konrardy � 8180 Sieppel Ct,Ste C wsuReR�: ,� Dubuque,IA 52002 INSURERE: j 1 INSURER F: � COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLfCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS I�I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETERMS, !i EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ii � WSR 7ypEOFINSURANCE ADDLSUBR pOLICYNUMBER POLICYEFF POLICYEXP LIMITS �ra INSD wvo MM/DD/YYYY MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ �,OOO,OOO ,i CLAIMS-MADE X OCCUR Z89891 0�/0�/20'�8 0'�/0'�/2�79 DAMAGETORENTED 100,000 I'; � )( X PREMISES Ea occurrence $ � � MED EXP An�one erson $ 5,00� i i PERSONAL&ADVINJURY $ 1,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ ?,OOO,OOO I X POLICY�jE� � LOC PRODUCTS-COMP/OPAGG $ 2,000,000 Il�i OTHER: $ li � AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ' Ea accident $ X ANYAUTO Z8989'I O'I/O'I/YO'I$ 01/01/2019 gODILYINJURY Per erson $ I ONMED SCHEDULED � AUTOS ONLY AUTOS BODILY INJURY Peraccident $ � p PROacc dent'�AGE $ � A�R OS ONLY AU�TOS�NLY 1 � $ � A X UMBRELLA LIAB X OCCUR 3,000,000 � EACH OCCURRENCE $ I EXCESSLIAB CLAIMS-MADE Z89891 01/01/2018 O1/01/20'I9 AGGREGATE g 3,�00,000 i� DED X RETENTION$ 0 $ �, A WORKERS COMPENSATION X STA TE �RH I� ANDEMPLOYERS'LIABILIN y�N Z89891 01/01/2018 01/01/2019 500,�00 i ANY PROPRIETORIPARTNER/EXECUTIVE N'�A x E.L EACH ACCIDENT . $ � � OFFICER/M�MBER EXCLUDED9 � (Mandatory m NH) E.L.DISEASE-EA EMPLOYEE $ SOO,OOO If yes,describe under 500,000 DESCRIPTION OF OPER,4TIONS below E.L.DISEASE-POLICY LIMIT $ II q Equip Floater Z89891 01/01/2018 01/01/2019 Rented/leased equip. 100,000 � '� i �I P DESCRIPTION OF OPERA110NS/LOCAiIONS/VEHICLES(ACORD 107,Additional Remarks Schedule;may be attached if more space is required) I� Project#350-1158-Eagle Point Park Watermain Extension&Water Service Replacement-Phase 1 I� City of Dubuque,including all its elected and appointed officials,alI its employees and volunteers,all its boards,commissions andlor authorities and their board members,employees and volunteers are additional insured on the general liability policy for ongoing and completed operations on a primary, non-contributory basis,as required by written contract.Per projectllocation aggregate applies on the general liability policy.Governmental Immunities endorsement included.Waiver of subrogation in favor of City of Dubuque on the general liability and workers compensation policies. ! CERTIFICATE HOLDER CANCELLATION � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Dubu ue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY q ACCORDANCE WITH THE POLICY PROVISIONS. Attn:Leisure Services Dept 50 W 13th St. Dubuque,IA 52001 AUTHORIZE�REPRESENTAi1VE ��"�� ACORD 25(2016/03) O 1988-2015 ACORD CORPORATION. All rights reserved. � The ACORD name and logo are registered marks of ACORD � � �� b. Coverage A does not appiy to bodily injury committed before you acquired or formed � or property damage that occurred before the organization. � you acquired or formed the organization; No person or organization is an insured with respect and to the conduct of any current or past partnership, � c. Coverage B does not apply to persona! and joint venture or limited liability company that is not ;� advertising injury arising out of an offense shown as a Named Insured in the Declarations. '�; 1 SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- 4. Subject to paragraph 2 above, the Personal � tions and the rules below fix the most we will and Advertising Injury Limit is the most we will �I pay regardless of the number of: � pay under Coverage B for the sum of all dam- u ages because of all personal and advertising ' a. Insureds; injury sustained by any one person or organiza- i� b. Claims made or suits brought; or tion. c. Persons ar organizations making claims or 5. Subject to paragraph 2 or 3 above, whichever bringing suifs, applies, the Each Occurrence Limit is the most ij 2. The General Aggregate Limit is the most we We will pay for the sum of. � will pay for: a. Damages under Goverage A; and �' '� a. The sum of: b. Medical expenses under Coverage C; II. li (1) Medical expenses under Coverage C; because of all bodily injury and property dam- ; and age arising out of any one occurrence. � (2) Damages under Coverage A, except 6. Subject to paragraph 5 above, the Damage To � damages because of bodily injury or Premises Rented To You Limit is the most we i property damage included in the pro- will pay under Coverage A for damages be- ' ducts-camplefied operations hazard. cause of property damage to any one prem- �I With respect to the above items, the Gen- ises, while rented to you for a period of 7 or ;, eral Aggregate Limit applies separately to: fewer consecufiive days or in the case of dam- ! age by fire, while rented to you or temporarily '� (1) Each location owned by or rented to pGGupied by you with permission of the owner. � you. A location is a premises involving � the same or connecting lots, or a prem- 7• Subject to paragraph 5 above, the Medical Ex- '� ises who,se connection is interrupted pense Limit is the most we will pay under � only by a street, roadway, waterway or Coverage C for all medical expenses because i right-of-way of a railroad, and of badily injury sustained by any one person. j (2) Each of your projects away from a loca- The Limits of Insurance of this Coverage Part apply ` tion owned by or rented to you; or separately to each consecutive annual period and to � any remaining period of less than 12 months, start- � b. Damages under Coverage B. ing with the beginning of the palicy period shown in � 3. The Products-Completed Operations Aggregate the Declarations, unless the policy period is ex- � Limit is the most we will pay under Coverage A tended after issuance for an additional period of less i for damages because of hodily injury and prop- than 12 monfihs. In fihat case, the addifiional period � erty damage included in the products-complet- will be deemed part of the last preceding period for ed operations hazard. purpases of determining the Limits af Insurance. SECTI�N IV- COMMERCIAL GENERAL LIABlLITY CONDITIONS 1. Bankcuptcy or offense toak place; Bankruptcy or insolvency of the insured or of (2) The names and addresses of any in- the insured's estate will not relieve us of our jured persons and witnesses; and obligations under this Coverage Pa�. (3) The nature and location of any injury or � 2. Dufiies in the Even# of Occurrence, Offense, damage arising out of the occurrence Claim or Suit or offense. � a. You must see to it that we are notified as b. If a claim is made or suit is brought against � soon as practicable of an occurrence or an any insured, yau must: offense which may result in a claim. To the (1) Immediately record the specifics of the extent possible, notice should include: claim or suit and the date received; and (1) How, when and where the occurrence (2) Notify us as soon as practicable. CG-0001R(12-11) Page 10 of 15 fl 'I � ,� �ADDITIONAL INSURED-COMPLETED OPERATIQNS-PRIMARY CG-7274(5-13} � AND NONCONTRIBUTORY AUTOMATIC STATUS WHEN REQUIRED ; IN CONSTRUCTION AGREEMENT WITH YOU (OWNERS, LESSEES OR �'� CONTRACTORS) This endorsement modifies insurance provided under 2. This insurance does not apply to: ;j the following: a, Bodily injury or property damage which oc- li GOMMERCIAL GENERAL LIABILITY COVERAGE PART curs prior to the execution of the contract or '� 1. Section II - Wha is An Insured is amended to agreement described in item 1; or �� inciude as an additional insured: 1 b. Bodily injury or property damage that oc- i a. Any person(s) or organization(s) for whom curs after the time period during which the ;� you have performed operations if you and contract or agreement described in item 1 '�,� such person(s) or organization(s) have requires you to add such person or or- j agreed in writing in a contract or agreement ganization onto your policy as an additional � thafi such person(s) or organization(s) be insured for compieted operations; or i� added as an additional insured on your poli- c, eodily injury or property damage arising out �' cy for completed operations; and of the rendering of, or the failure to render, �'� b. Any other person(s) or organizafion{s) you any professional, architectural, engineering ' are required to add as an additional insured or surveying services, including: ,I under the contract or agreement described (1) The preparing, approving or failing to II in paragraph a above, prepare or approve maps, shops ��, Such person or organization is an additional drawings, opinions, reports, surveys, ii insured only with respect to liability inciuded in fieid orders, change orders or drawings ';; the products-completed operations hazard for and specifications;or " bodily injury ar property damage caused, in {2) Supervisory, inspection, architectural or { whale or in part, by your work performed for engineering activities. �' that additional insured at the location desig- 3. The insurance provided by this endorsement is ji nated and described in the cantract or agree- primary and noncontribufiory. I� ment. �! � � � '� l ; , �� : ii ;i 1 i � ;; � � m � � 7 � � J �'i ADQITIONAL INSURED-OWNERS, LESSEES OR CONTRA,CTORS -AUTO- CG-7194 5-13 �� MATIC STATUS WHEN REQUIRED 1N CONSTRUCTION AGREEMENT WITH t ) li� YUU-PRIMARY AND NONCONTRIBUTORY �II� i This endorsement modifies insurance provided under This insurance does not apply to: ��; the fallowing: �I COMMERCIAL GENERAL LIABILITY COVERAGE PART �• Bodily injury, praperty damage ar personal and advertising injury arising out of the ren- � 1. Section II - Who Is An Insured is amended to dering of, or the failure to render, any pra- � include as an additional insured: fessional architectural, engineering or sur- ;� a. Any person or organization for whom you veying services, including: , are performing operations when you and (1) The preparing, approving or failing to C such person or organization have agreed in prepare or approve maps, shop � writing in a contract or agreement that such drawings, opinions, reports, surveys, I�, person or organization be added as addi- field orders, change orders or drawings I� tional insured on your policy; and and specificafiions;or li b. Any other person or organization you are (2) Supervisory, inspection, architectural or �j required to add as an additional insured engineering activities, ,'i under the contract or agreement described b. Bodily injury or property damage occurring '; in paragraph a a,bove. after: � � '�p Such person or organization is an additional (1) All work, inc►uding materials, parts or � insured only with respect to liability for bodily equipment furnished in connection with I injury, property damage or personal and ad- such work, on the project (other than I' vertising injury caused, in whole or in part, by: service, maintenance or repairs) to be II a. Your acts or omissions; or performed by or on behalf of the addi- j tional insured(s) at the location of the P. b. The acfis or omissions of those acting an covered operations has been complet- ' your behalf, i', ed; or � in the performance of your ongoing operations (2) That porti�on of your work out of which j for the additional insured. the injury or damage arises has been �', A person's or organization's status a� an addi� put to its intended use by any person ' tional insured under this endorsement ends or organization other than another con- ��'� when your operations for that additionai insured tractar or subcontractor engaged in per- �� are completed. farming operations for a principal as a �i 2. With respect to the insurance afforded to these part of the same project. ,; additional insureds, the following additional ex- 3. The fnsurance provided by this endorsement is fi elusions apply: primary and noncontributory. >j ti' I� r, �' AMENDMENT TO DEFINITION OF OCCURRENCE II-7092(2-11) �' �� This endorsement modifies insurance provided under eral harmful conditions. Occurrence includes: � the following: A. Property damage to your work if the damaged ;i BIS-PAK BU5INESS LIABILITY AND MEDICAL EX- work or the work out of which the damage � PENSES COVERAGE FORM arises was performed on yaur behalf by a sub- ' COMMERCIAL GENERAL LIABILITY COVERAGE FORM contractor and the property damage to your � PRODUCTS-COMPLETED OPERATIONS LIABILITY COV- work is included in the products-completed op- ERAGE FORM erations hazard; � The definition of Occurrence is replaced by the fol- B. Property damage to property other than your lowing: work that arises out of your work. Occurrence means an accident, including continuous All ather terms, exclusions, limita#ions and conditions or repeated exposure to substantially the same gen- of the policy remain unchanged. I r u �y� !B I !I � ';I ,u EXCLUSION -ACCESS OR DISCLOSURE O� CONFIDENTIAL OR GG-2106F(5-14) � PERSONAL INFQRMATION AND DATA-RELATED LIABILITY-WITH i LIMI7ED BC}DILY INJURY EXCEPTION �, This endorsement modifies insurance provided under damages because of bodily injury. 'I the following: As used in this exclusion, electronic I COMMERCIAL GENERAL LIABILITY COVERAGE PART data mean5 information, facts or pro- ,i A. Exclusion 2q of Section I - Coverage A - Bodily grams stored as or on, created or used Injury And Property Damage Liability is re- on, or transmitted to or from computer � placed by the following: software, including systems and appli- 2. Exclusions cations software, hard or floppy disks, �i CD-ROMs, tapes, drives, ceils, data ! This insurance does not apply to: processing devices or any other media l� q. Access Or Disclosure Of Confidential which are used with electronically con- 'l Or Personai Informatian And Data- trolled equipment. { related Liability B. The following is added to paragraph 2 Exclu- Damages arising out of: sions of Section I - Coverage B - Personal And (1) Any access to or disclosure of any Advertising Injury Liability: person's or organization's confiden- �. Exclusions i. tial or personal information, including This insurance does not apply to: !I patents, trade secrets, processing Access Or Disclosure Of Canfidential Or I"' methods, customer lists, financial in- personal Informafion � formation, credit card information, ��. health infarmation or any other type Personal and advertising injury arising out of nonpublic information;or of any access to or disclosure of any per- (2) The loss af, loss of use of, damage son's or organization's confidential ar per- to, carruption of, inability to access, sonal information, including patents, frade or inabilfty to manipulate electronic secrets, processing methads, customer lists, data. financial information, credit card information, health information or any other type of non- This exclusion applies even if damages public information. are claimed for notification costs, credit This exclusion applies e'ven if damages are �i monitoring expenses, forensic ex- claimed for nofiification costs, credit monitor- � penses, public relations expenses or � ing expenses, forensic expenses, public re- i any ather loss, cost ar expense in- lations expenses or any ather loss, cost or I! curred by you or others arising out of r, expense incurred by you or others arising that which is described in paragraph (1) II or (2) above. out of any access to or disclosure bfi any � person's or organization's confidential or ;, � However, unless paragraph (1) above persanal information. ' i; applies, this exclusion does not apply to ;; � � � WAIVER OF TRANSFER OF RiGHTS OF RECOVERYAGAINST OTHERS TO CG-7264(6-2000) � US -AUTOMATIC STATUS WHEN REQUIRED IN A CONTRACT WITH YOU This endorsement modifies insurance provided under operations or your work done under a contract I� � the following: with that person or organization and included in COMMERCIAL GENERAL LIABILITY COVERAGE PART the products-completed operations hazard. The Transfier ofi Rights of Recovery Against Others 2. The waiver applies only to a person or or- I! to Us Condition under Section IV - Cammercial Gen- ganization with whom ynu have a written con- � eral Liabilifiy Conditions is amended by the addition tract or agreement in which you are required to � of the following: waive rights of recovery under this policy. Such � �1. We waive any right of recovery we may have contract or agreement must have been execut- ' against any person or organizatian described in ed prior to the occurrence causing injury or paragraph 2 because of payments we make for damage. injury or damage arising out of your ongoing �, ; � � � ADDITIONAL INSURED GITY OF DUBUQUE, IOWA IL-7063(7-02) This endorsement modifies insurance provided under from time to time. Those claims not subject the following: to the Cade af lowa Section 670.4 shail be ;� BUSINESS AUTO COVERAGE FORM covered by the terms and conditions of this , COMMERCJAL GENERAL LIABILITY GOVERAGE PART policy. ;I BIS-PAK BUSINESS LIABILITY AND MEDICAL c. The City of Dubuque, lowa shall be respon- I EXPENSES COVERAGE FORM sible for asserting any defense of govern- �� 1. The City of Dubuque, lowa, including all its mental immunity, and may do so at any elected and appointed officials, all its employ- time and shall do so upon timely written ees and volunteers, all its boards, commissions request by us. !i and/or authorities and their board members, d. We shall not deny coverage under this poli- i employees and volunteers, are included as ad- cy and we shall not deny any of the rights �� ditional insureds with respect to all work and and benefits accruing to the City of Du- if services performed for them. This coverage buque, lowa under this policy for reasons of i shall be primary to the additional insureds and governmental immunity unless and until a not contributing with any other insurance or court of competent jurisdiction has ruled in similar protection available to the additional in- favor of the defense(s) of governmental im- '�' sureds, whether other available coverage be munity asserted by the City of Dubuque, ��; prim,ary, contributing or excess. lowa. 2. The following applies when the City of Du- e. We and the City of Dubuque, lowa agree � bu:que, lowa is named as an additional insured: that the above preservation of governmental � , a. We expressly agree and state that the pur- immunities shall not otherwise change or 'i chase of this policy and the naming of the alter the coverage available under the poli- i City of Dubuque, lowa as an additional in- �Y� ,; sured does nat waive any of the defenses $, We will give thirty (30) days advance written !I of governmental immunity available to the notice of canceliation, nonrenewal, reduction in � City of Dubuque, lowa under the Code of coverage or limits and/or material change by � lowa Section 67Q.4 as it now exists and as endorsement and ten (10) days written notice i it may be amended from time to time. for nonpayment af premium to: Gity of Dubuque � b. We further agree that this palicy of insur- and Dubuque County, City Hali, 13th and Cen- ance shall cover oniy those ciaims not sub- tral, Dubuque, IA 52001. This endorsement su- i ject to the defense of governmental immu- persedes the standard cancellation statement � nity under the Code of lowa Section 670.4 on the Gertificate of Insurance to which this � as it now exists and as it may be amended endorsement is attached. ,4CU/TYAQVANTAGES-GENERAL LIABILITY CG-7300(4-OS) This endorsement modifies insurance provided under 4. Newiy Acquired Organizations �j the following: p Item 3a of Section II - Who Is An Insured is „ COMMERGIAL GENERAL LIABILITY COVERAGE FORM replaced by the following: � 1. Extended Nan-Owned Watercraft a. Coverage under this provision is afforded '{ Exclusion g Exception (2)(a) of Coverage A - oniy until the 180th day after you acquire or i Bodily Injury and Property Damage Liability is form fihe organization or the end of the replaced by the following: policy period, whichever is earlier; (a) Less than 51 feet long; and 5. Knowledge af Claim or Suit 2. Increased Bail Bond Amount The following is added to Paragraph 2, Duties The limit shown in paragraph 1 b of Supplemen- �n the Event of Occurrence, OfFense, Claim or tary Payments - Coverages A and B is in- Suit af Section IV - Commercial General Liabil- creased to $750. ity Conditions: 3. Increased Reasonable Expenses Incurred by Knowledge of an occurrence, claim or suit by the Insured your agent, servant or employee shali not in itseif canstitute knowledge of the Named In- The limit shown in paragraph 1d of Supplemen- sured unless an officer of the Named Insured tary Payments - Coverages A and B is in- has received such notice from the agent, ser- creased to $300. vant or employee. a � E EXCLl1SION-ACCE�S OR DISCLOSURE OF CC)NFIDENTIAL OR CG-2106F(5-14) � PERSONAL INFORMATION AND DATA-RELATED LIABILITY-WITH I LIMITED BODILY 1NJURY EXCEPTION This endorsement modifies insurance provided under damages because of bodily injury. i the following: As used in this exclusion, electronic COMMERCIAL GENERAL LIABILITY COVERAGE PART data means information, facts or pro- y A. Exclusion 2q of Section I - Coverage A - Bodily grams stored as or on, created or used j Injury And Property Damage Liability is re- on, or transmitted to or from computer placed by the following: software, including systems and appli- �i 2. Exctusions cations software, hard or filoppy disks, ,I� GD-ROMs, tapes, drives, cells, data �I This insurance does no# apply to: processing devices or any other media q. /Access �r Disclosure Of Confidential which are used with electronically con- Or Personal Information And Data- trolled equipment. '� relafied Liability B. The following is added to paragraph 2 Exclu- �i Damages arising out of: sions of Section I - Coverage B - Personal And �I (1) Any access to or disclosure of any Advertising Injury Liabi}ity: I,'; persan's or organization's confiden- 2• Exclusions ' a tial or personal information, including This insurance does not apply to: ',! patents, trade secrets, processing ,a;ccess Or Discloswre Of Confidential Or li methods, customer lists, financial in- p��-$onal Information ,; formation, credit card information, health information or any other type Personal and advertising injury arising aut �� ofnonpublicinformation;or of any access to or disclos'ure of any per- r; son's or organization's confidential or per- �' (2) The loss of, loss of use of, damage sonal information, inclu'ding patents, trade to, corruption of, inability to access, secrets, processing methods, customer lists, � or inability to manipulate electronic financial inform'ation, credit card information, � data. health information or any other type of non- I` This exclusion applies even if damages public information. ,� are claimed for notification costs, credit li monitoring expenses, forensic ex- This exclusion applies even if damages are i penses, public relations expenses or claimed for notification cosfis, credit monitor- I any other Ibss, cost or expense in- ing expenses, forensic expenses, public re- k' lations expenses or any other loss, cost or i curred by you or ofihers arising out of 6 that which is described in paragraph (1) expense incurred by you or others arising ,�,, or (2) above. out of any access to or disclosure of any ;; person's or organization's confidential or �I,� However, unless paragraph (1) above personal information. ji applies, this exclusion does not apply to � f, !i II � WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO CG-7264(6-2000) i� US-AUTOMATIC STATUS WHEN REQUIRED IN A CONTRA.GT WITH YOU This endorsement modifies insurance provided under operations or your work done under a cantract � the following: with that person or organization and included in COMMERCIAL GENERAL LIABILITY COVERAGE PART the products-compleYed operafions hazard. The Transfer of Rights of Recovery Against Others 2. The waiver applies only to a person or or- to Us Condition under Section IV - Commercial Gen- ganization with whom you have a written con- eral Liability Conditions is amended by the addition tract or agreement in which you are required to of the following: waive rights of recovery under this policy. Such 1. We waive any right of recovery we may have contract or agreement must have been execut- against any person or organization described in ed prior to the occurrence causing injury or paragraph 2 because of payments we make for damage. injury or damage arising out ofi your ongoing � I I ADDITIONAL INSURED CITY OF DUBUQUE, IOWA IL-7063(7-02) ,a This endorsement modifies insurance provided under from time to time. Those claims not subject the following: to the Code of lowa Section 670.4 shall be BUSINESS AUTO COVERAGE FORM covered by the terms and conditions of this COMMERCIAL GENERAL LIABILITY COVERAGE PART poliCy. BIS-PAK BUSINESS LIABILITY AND MEDICAL c. The City of Dubuque, lowa shall be respon- �' EXPENSES COVERAGE FORM sible for asserting any defense of govern- I, 1. The City of Dubuque, lowa, including all its mental immunity, and may do so at any �i elected and appointed officials, all its employ- time and shall do so upon timely written � ees and volunteers, all its boards, commissions request by us. �I and/or authorities and their board members, d. We shall not deny coverage under this poli- employees and volunteers, are included as ad- cy and we shall not deny any of the rights �� ditional insureds with respect to all work and and benefits accruing to the City of Du- I� services performed for them. This coverage buque, lowa under this policy for reasons of II, shall be primary to the additional insureds and governmental immunity unless and until a i not contributing with any other insurance or court of competent jurisdiction has ruled in '! similar protection available to the additional in- favor of the defense(s) of governmental im- � sureds, whether other available coverage be munity asserted by the City of Dubuque, ' primary, contributing or excess, �nW�, �ii 2. The following applies when the City of Du- e. We and the City of Dubuque, lowa agree ''ij buque, Iowa is named as an additional insured: that the above preservation of governmental i' a. We expressly agree and state that the pur- immunities shall not otherwise change or ��: chase of thls policy and the naming of the alter the coverage available under the poli- I, C.ity of Dubuque, lowa as an additianal in- cy. '� sured does not waive any of the defenses �, We will give thirty (30) days advance written I of governmental immunity available to the notice ofi cancellation, nonrenewal, reduction in II City of Dubuque, lowa under the Code of coverage or limits and/or material change by '� lowa Section 670.4 as it now exists and as endorsement and ten (10) days written notfce �7 it may be amended from time to time, for nonpayment of premium to: City of Dubuque ,J b. We further agree that this policy of insur- and Dubuque County, City Hall, 13th and Cen- � ance shall cover only those claims nat sub- tral, Dubuque, IA 52001. This endorsement su- �I ject to the defense of governmental immu- persedes the standard cancellation statement � nity under the Code of lowa Section 670.4 on the Certificate of Insurance to which this i as it now exists and as it may be amended endorsement is attached, � `� ACU/TYADVANTAGES-GENERAL LIABILITY CG-7300(4-08) 1�3 I;: This endorsement modifies insurance provided under 4. Newly Acquired Organizations � the following: Item 3a of Section II - Wha Is An Insured is COMMERCIAL GENERAL LIABILITY COVERAGE FORM replaced by the following: ! 1. Ex.tended Non-Owned Watercraft a. Covera e under this provision is afforded � 9 y Exclusion g Exception (2}(a) of Coverage A - oniy until the 180th day after you acquire or Bodily Injury and Praperty Damage Liability is form the organization or the end of the q replac.ed by #he following: policy period, whichever is earlier; � (a) Less than 51 feet long; and 5. Knowledge of Claim or 5uit � 2. Increased Bail Bond Amounfi The following is added to Paragraph 2, Duties The limit shown in paragraph 1b of Supplemen- in the Event of Occurrence, Offense, Claim ar tary Payments - Coverages A and B is in- Suit of Section IV - Commercial General Liabil- creased to $750. ity Conditions: 3. Increased Reasonable Expenses Incurred by Knowledge of an occurrence, claim or suit by � the Insured your agent, servant or employee shall not in itself constitute knowledge of the Named In- The limit shown in paragraph 1d of Supplemen- sured unless an officer of the Named Insured tary Payments - Coverages A and B is in- has received such notice from the agent, ser- creased to $300. vant or employee. . . .. . . . . . . . . . . . I WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 03 13(4-84) '� We have the right to recover our payments from under a written contract that requires you to obtain i anyone liable for an injury caversd by this policy. We this agreement from us. I will not enforce our right against the person or or- This agreement shall not operate directly or indirectly ;� ganization named in the Schedule. This agreement to benefit any one not named in the Schedule. applies only to the extent that you perform work 1 �i II� SCHEDULE !� _ �, CITY OF MAQUOKETA � CITY OF ASB�URY � �I DUBUQUE COUNTY CONSERVATION B�ARD J � DUBUQUE METROPOLITAN AREA SOLID WASTE AGENCY, IOWA '� CITY OF DUBUQUE ' � ii i �1 I� ��i I� I;� i I�I u I� i ; � � �" � �i � �i Is �i a � � � il WC 00 03 13(4-84) 9 il � I � � � j � i � �� I :i 'I � a ,� ��i ';j � � � �'i ii I�i fli u I', li Illi V � '� � � � ii I � S�CTC3N pU750 � � Page 1 of 4 � , i i SALES �,�� Ul�� 1'�� CI�Ii�IPTI��I ��R�'IF��4TE j I� , SE�TO�J 0075D ; � The City of Dubuque, as a d�signated exem�t entity awardin� construction contracts, wiil issue ;! special exemptian certificates to con#ractors and subcontracfors, allowing them ta purchas�, or f ,� wi�hdraw fram inventdry, mafierials fpr the Contract fr�� fram safes tax pursuanf ta lowa �ode � '�;� Sec�ions: 422.42 (�5) & (16), and 4�2.47 (5}, The sp�cia) exemption certifica�e wili also allow a manufacturer of building mafieria�s ta consume materials in the perfarmance of a canstruction ; II� cantract without owinc� fax on th� fabricated cast af those mat�rials. a % � � � ' 1. These tax exemptian certi�cates and authorizatian {�tters are applicabl� only for the ' 'I work under the contract. The Contractor and each subcontractor shaNl campCy with sai� ; Iowa Code Sales Tax requirements, shall keep records identi�Fying the mat�rials and supplies �urchased and verify that tlley were used an the cantract, and shalN pay tax on ,a any materials purct�ased tax-free and not used on fihe �ontract. ' '�� li 2, U an award of Contract the Cit wifl re ister fihe Gon�ract, Cantractor, and e�ch ,- �' p Y 9 i subcontractar with the lawa Departmen�of Revenu� and Finance; and disfiribut� tax exernptian certificates and authorization letters to the Canfiractor and each �ubcontractor. � � i �� I�i � li li, � � � j ; � i ;� li �I i I �� I! � G � � � � � � B � i ,� � s�c-rr�tv o07�0 � Page 2 of A� PRUJ�CT INF'QRMATI�N R�QUIREI�ENTS FOR i� STATE o� IGWA SAL�� TAX EXEMPTttJN C�RTI�lCA7ES � FOR CONTRACT�RS & SIJBCONTRAGTC�RS '�+ i ' 'j Subrnitting D�par�tment: Leisure Services Depa�:ment ; i deparfinent Contact Stet�hen Fehsal E ' � ; � ` � Praject C1P Number(s�: 35Q-1158 � �---�- � i � Please eamplete this form in its entirety and submit a(ong with the executed Gantract, Bonds and ; C�rtificate of lnsurance. Upon receipt, the Caty �'ir��nce Department will work with the lowa " Department of I�evenue ta issu�Sales Tax Exemption Certificates#o the approved contractor(s) fo ' ? allow for the purchase or inventory wifihdrawal of materials for the specified Prajecfi free from Sfiafie ' a vf lawa Sal�s Tax. : ; I $�I�s �ax exemptivn cer��fica�es are not provided to mat�riai suppli�rs. 1, The Contractor and subcontractors can provide copies of fihe sales tax exemption certificates ' issued �y the City ta ind��idu�l material suppliers. i il �i ��1 E�4GL� FQfhiT PA��.I�VAT�f�f�AiN �X3EN�JC�N � �roject �Vame; ` � 1fV;��`E��U`l�� f�L��fVIENT- P�iASE � � � Pro�ec� Descrigtion: �N'�t�rmairr �scte�'��n �rrd w�tert` �elrul�� rep�ac�m�rtt s ,, � � > il :...f . �: Y Y,. , . � � ,� �nstalfa��n a� 6' �P'�� wate�rnat� and- i ,� �pp�r�en�n��s� 11�fatermai�t; �kC��er�,wire; �� ir�lv�sk t��s;` ��r�r�s �rid afk�er'fi�t�tng� ; li � r�i��e� tc� tl�� 6" �ra�erma�n �n(�r rru�l� ��' � , suppf�ed b� th� �ity �af„ (�u�uq`u� V1fat�r`; ' t �ep�rtm��tt "` � . < � + 4"� P'�G Ill��r ��rvic� �xt�ns,io� t�,� �xistjrt� re�tro�m�� 3n`stallafii��t �o� vuater ; me��r:;(meter,prou�ded �y;Cit�r of I�uk�uqu�; ,Wat�r: D�p�rtm��f}, bacl�f�ov� �r�v�r�te�� Valvjr��for�at�r�ei��rri�nEfafd, remova`r ��of �x�Stir�g k��fier.and vira��r s�rvi�� a�.: ;�xt�r��r, �f resf��r�, ;a�nd.�e�ak��t�rrg bf,' inter�a� plurtTxbin� :in, restr�ar�i �o tr�utt: s�rvt�e , � � �• `.{�n�tallat��n of �Vlcat�r-��a� wa�ek�x�el't�re�s �i; , �.. .. ,. ,. . •�...: . , _. ... ..., . :., :.: ., ....: , !a. { c ts s, <<,J:: r�: a n. � �:... . , :.. � ,, ... .. . ,:..�: , ._. . . , . . ,..:.... �.:. .:... ...:..... ..:.. ..�,.. .:. 5. � . lnstall�tiart:.� �f �r:inlrin ; fvun�ams ,��►�' i� � 1 q! � �ECT��N 00750 � � I I Page 3 af 4 j ; i , y � ; , h�drat�ts in �far� Ir�catl�ns � � ;, + ;Wafe"r �ervice �vnnect�vn to exist�r�g � ; �, ; � � wa�dingt��al�� ,� ��x � � ��{ �� ; � i � • �ns�alC�t�on �o� trac�r wire� ;�oxes ,�fo�' ! j u rw�fiermain and ser�t�ce l��fes '' t �f �4 , ' � • R��ala�� 'ta�snif,: fmish ; grad�, and < � � �hydros�ed katl d��tur�ed tu�Fy�r�as wi#h ' j sui�abl� fiurf gra`ss rrtix ` 4 a `� } � '� ? ¢ " t � II » . T ;:M ,', �i i� , � Start D�te �id Qpening Dat�}: .Augu�.t��, 2;Q1� ' ': '� '<<.r �� i ' �i _ .. i Base Bid Com letion Date: � -'De�emb�r.1;;2Q18 .:; ';:' ,. `� ; ; + I{ _ j ��I 1. �eneral Prirr�e Cor�tractor; , i _ - � �,'�,�t�.. ' Illi Contact Name: - �s�, � ? '; Carnplete Address; r , �I� City, State, Zi Cade � �� .'�" ��(�a ; I� Include PO Box anp Street fnformation -� � j Telephone Number: � -� �- ''� ` � � Federaf I.D. Nur�ber; I � {or Include Social Security�lumbe�) �� , �� Wark Type to �e Cornpleted: �Z.�c.��=-o� ��ae�7 t�.�d �,...��" � �� , I �,i I; � li � u I'I � � �� ',� SECTCIN 007�0 I�� Page 4 af 4 '� � � 2. Subcc�ntractor: ' I Complete Address: i � {lnclude PO Box and Street Informa#ian) I I Cit , Stat�, ZI Code � , ; ; TeCephone Number: _ ; � Federal I.D. Number: � ;� (ar Include 5ncial S�curity Number) , I �� Work Type to be Campleted: i 'j � I� , � _ _ ; 3, Sub�antraator: � ; ; Compfete Address: _ _ i � (Inc(ude PO Box and�treet Informafion) - � �Ity�� S'��t�, �Ip.{�0�� , Telephane Number: I '�; �'ederal I�D. Numb�r: _ _ _ _ f ;I {or Include Social Security Number} � II Work Type to be Complefied: ��I � i _ _ I�i " �� ; 4. 5ufacontr�ctor; ;; C�rT��iei�r��ic�res�: _ _ � � (Include PQ Sox and 5treet Information) ' � Cit , Stafie, Zi Gocie I � Tele hone Number: i Federal I.D, Number: _ � (or Include Social Security Number) ,1 Work Type ta be Campleted; ; ,� �j _ � , � �. �ulbcor�tr��tar; . _ Campl�te Address: _ �� ' (Include PO Sax and Street lnformation} � CI'� } �'a��'��, Zlp COt�E Telephane Number: I Federa!l.D. Number: ; {or Include Social Security Number) � _ W�rk Typ� to be Compfeted: � � -_= END t7f aE�TIOt� 00750 =___ Ij � . . _ _ _ i i � � !� I ;1 ! !� ! � � � ; � ' I� [Page Intent�c��naiiy L�ft �3�ank] � �i � � � '� . � , ; ; ;, � � � `� � � � � � ; � � � . C; � , �:; ;, � � � i' , � � I�', � �� 'I t � �I li �� u � � 9 � E � � � il � , j � � � � I � � � , � �i � �� ;; ; ;I I �I ' ',i : i; j �� s il .; I � ;' 'I, i� ,� 'II� � I� ; i � II � � i { ' y i '� � I , i � � � � �I sE��r�oN ao�o� I i, Page 1 af 2 1 ; I ! +�t�I��TF�IJ�T�C�� HEt��J�� /��1� �G�.IEED �t)S�"a t�F C��L�4.�' � ; �ECTION Oo80o ; �; i � 800.'� �GHEDUL�: ' '' �'1 i CAL�NDI�R DAT'� SCHEDULE: � I � 4 �i Work ar�said base bid improvew°nent rinust be fu11y completed an or befare C��c�mbe��, 2018, ; �� Please note, Eagl� Pofnt Park is open to the public between the hours o�7:00 AM and 10:00 � �,! PM d�ily, The Park clases for the year an October 28, 2fl18. Any work pri�r to �ctob�r 28, ', � � 20�8 shail accur ��twe�n Monday an� �'riday each week. �idder shall coordinate with ; L�isure Servic� Departm�nt to ensure no con�licts c�ccur between park users and the � ij Confractar. Th� Contr�ctor is responsible ta provide sufficient protectian for the public in ' ; the work area and to clean up and secure equiprnent, materials and other r�lated , ! construc�ian items during non-working days. ' ` . � �00.2 �t�REEI]CC►,�T� CaF DELAI°: � �� i Time is of the essence af the �ontract. As d�lay in the diliger�t pros�cution of th� work may I! inconvenier�c� the public, absfiruct traffic, inter�ere with �usines�, and/or increas� costs to fihe ;� �ity such as engineering, administration, �nd inspection, ifi is imp�r�ant that the work be I� p�m��ufied �rigar�a��l� te ¢;rsa! �orra�[etior�. � ; r 1. An extension �f the contract period may be granted by the City for any of th� fiollov�ring � reasans: '� � � 2. Additional work resulting from a modification af the Contract Dacuments by approved change � order, 3. Qelays c�used by fihe Cify, f ;I h �, Other reasons beyond �h� cantrol of the Cantractor, which in the City'� apinion, would ; justify such. ' b Shauld the C�ntractor, or in case of defa�ilt the 5urety, fail fio complete the work within the � sp�cifi�d Final Compl�tion Dat�s, a d�duction at the d�ily r��e far agresd cosfi� of d�l�y will q b� made for each and �very cal�nd�r day, �uch that the work remain� uncompleted� The i Con#ra�tar nr the Contractar's Surefy shall be r�sponsible for �II costs incid�ntal to the completion of t�e work, �nd shall be required fia pay the Cify the following daiCy cos�s: A. For e�ch cal�ndar d�y �hat any work r��n�in� uncomplet�d beyond the Final Completion date the contractor will b� a��ssed and shall pay, $5q� ��r cal�nd�r � �, not as a p�nalty bufi as predetermin�d and Agreed Cost of D�lay until Fin�l Cor-nple�ion r�quirements are met, s�c�-�c�N oasoo � Page 2 of 2 � ; Permifiting the Contractar to continue and finish the Wark, or any par�of it, aft�r the expiration ; J of the Substantial and Final Comple�ian dates ar Milestone Dafies ar extensi�n thereof shalf f � in no way flperate as a wai�er on the p�rt of the Cifiy o�any af ifis rights or r�medies und�r the � � contract, including its right to Agr�ed-Gost af C�elay pur�uant ta this provision. Furthermore, i � the a�se�sment af Agreed Cost of Delay shall not cansti�ute a waiver of the City's right to � ' coll�et any addifiia�nal damages which the City may susfiain by failure of the ContraGtar ta carry ; ;; �ut the terms af the Contract. ; ;L ' �1 Th�Agreed Cost of Delay rates speci�ied in the Contract Documenfis is hereby agreed upan as � � the tru�and actual damages due the �ity for lass to fihe City and to the public du�ta obsfiructian ' � of traffic, interF�rence with business, andlor increa��d cosfis to fihe City such as engineering, � ; administration, constructiQni and inspectian after th� expiration of the canfiract times, or !; ex#ension thereaf, 5uch Agreed Cost af Delay will be sep�rately invoiced to the Cantractor, and � final payrnent wall be withheJd from the Gontracfior ur�til payment has been made of this i�voic� ' far the agreed cost of d�lay. The Gantractor and its �urety shall be li�bie for any agr�ed cost of �II delay in �xce�s af th� amount due the Gon#ractar. �! li � = EN�3 OF S�CTIC}N Q�800 =__= II� � I' � � � , '�; ;i ,� �' la i; � �{ � I , f ! � � ; � � � � � � � � � � � �II P I � p , � � 1 BOND #25592 � SECTION OOBAO Page 1 of 5 i� PERFC�RMANCE, PAYMENT AND MAINT�NANCE BOND �� cT�or� aosoo " ii ''II KNOW ALI� BY TH�SE PRESENTS: I,', � �, That VUe, Mainline Excavating Company, Inc. as 4' Princi�a!___�hgreinafter_ the_ °Contra�tor". , or "Principal"} and` i Western Natianal Mutual Insurance Company � as Surety are held and firmly bouttd unto the City ; of Dubuque, lowa, as Ubligee (hereinafter referred ta as "Owner"), and to all p�rsons who may be ; injured by any breach of any of the conditions of this Bond in the penal surn af '� Seventy-Eight Thousand Nine Hundred Three and 00/100 dollars " (� 7s,so3.00 lawful maney of the United States, for the payment of which sum,well , � and truly to be made, we bind �urselves, aur heirs, legal repres�ntatives and assigns, jaintly or 'I severally, firmly by these pres�nts. I; �i The conditions of the above obli ations are such that whereas_said_Contractor ent�red inta a contract ''�' 9 with the �wner, b�aring date khe 24th day of August 2018, (hereinafter th� i; "Contract") wherein said Contractor undertakes and agrees to construct the fallowing project in �' accordance with the Contract Documents, and ta faithfully perform all the terms and requirements of �'� said Cantract within the time therein specifiad, in a gaod and workmanlike manner, and in accordance �I�; with the �ontract Documents, The Contract Dvauments for EAGLE POINT PARK WATERMAIN EXTENSI4N AND WATER SERVICE� REPLACEMENT — PHASE 1 "Project" detail the following i; ��crik��d irr��r�v�nn�r�ts: '; �� I'i o Installation �f 6' f�VC w�termain and appurtenances. Wa�ermain, tracer wire, valves, j� tees, bends and other fittings, related to the 6"watermain anly,will be suppli�d by the '� City of Dubuque Water D�partment. � 0 4" PVC Water Service extension to existing restroom, installation of water meter i; (meter provided by City of Dubuque Water Department), backflow preventer, valving for water service manifold, removal of existing booster and water service an axterior ;; of restroam, and reconnecting of interior plumbing in restroom to new service. ''� o ln�tallation of MunibP�x wat�r��nric�� dn plan I�c�tion�. '; o Installation of drinking fountains and hydrants in plan locations, ��, o Water s�rvice connection to existing wading pool. d o Installation of tracer wire boxes for watermain and service lines ; o Replace topsoil, finish grade and hydroseed �11 disturbed turf areas with suitabfe turf �; grass mix. ;� � It is expressfy understaod and agreed by the Contractor and Surety in this Band that the following provisions are a part of fhis Bond and are binding upon said Contractar and Surety, to-wit: � 1. PERFORMANCE: The Cantr�ctar shall well and faithfully observe, perfarm,fulfill,and abid� � by each and every cavenant, condition, and part af said Contract and Contract Documents, � _ by reference mad� a part hereof, far the project, and shall indemnify and save harmless the Q �wner fram all outlay and expens� incurred by the Owner by reason of the Contractor's � � � � u � � � � � , ' � i �I � l J li �;: i; ;� �I � i�{ ti ;i :i ',; I�I �i,� I � ;� il � ;i `,i �; ,, �: ,, '�i �i J �i I � !j ,I� i� � �; � J P I a � E I I I� � � 6 tl � � � ;, i �I; . ii SECTION oasoo Page 2 of 5 ; default af failure to perform as required. The Contractor shall also be responsible for the i default ar failure to perform as required under the Contract and Contract Documents by all i; its subcontractors, suppliers, ag�nts, or employees furnishing materials or providing labor in { the perFormanc� of the Contracfi. ;i , „ 2, PAYMENT: The Contractvr and the Surety on this Band hereby agreed to pay alf just claims `' submitfied by persans, firms, subcontractors, and corporations furnishing mat�rials for or I;� perfarming labor in the perfarmance of the Contract on account af which this Bond is given, ;�i including but not limited to claims for all amounts due for labor, materials, lubricants, 091, j� gasolin�, repairs on machinery, �quipment, and tools, cvnsumed or used by the Contractar j� or any subcan#ractor, wherein the same are not satisfied out of the portlon of#he contract il price the Owner is r�quired to retain until corn�letian af the improvemenfi, but the Contractor '�i and Surety shall not be liable to said persans,firms, or corporations unless the claims of said i'�, claimants against said partion of the contract p�ice shall have been est�blished as provided " by law, The Contractor and Surety hereby bind themselves ta the obligatlons and conditions I ' set farth in Chapter 573 af the lawa God�, which by this reference is made a part hereof as though fully set out herein. ',I I; 3. MAINTENANCE: The Gantractor and the Surety on this Bond hereby agree, at their own expense: I''''', A. Ta remedy any and al1 defects that may develap in or result from work to be perFormed . I'° under the GontraGt Documents within the periad of two (2) year(s) from the dafe of acc�p4�nc� �f #h� ��r� �e�der th� G�n#rac#, by raas�� e� s�efe�#s �r, w�rkrr2�nshi�, � equipment installed, ar materi�ls used in constructian af said work; y a B, To keep all work in continuous good repair; and ': � C. TQ pay the Owner's reasonable costs of monitoring and inspection fio assure that any I defects are remedied, and to repay the CJwner all outlay and expense incurred as a ! result of Contractor's and Surety's failure ta remedy any defect as required by this � section, !�, �� Contractar's and Surety's Gon�r�e� heeein r��de ex�end� 4o def�cts in workmanship or !' materials not discovered or knawn to the �wner at the time such work was accepted. ' �� h 4. GENERAL. Every Surety on this Bond shalf be deemed and held bound, any contract ta,t4�e y; contrary notwithstanding, to the follawing provisions: '. i A, Ta consent withaut notice to any extension of time authorized in approved change orders ta the Contractor in which to erform the Contract; � p �� i; B. To cansent wifihaut notice to any change in the Contract or Cantract Documents, �i authorized in approved change orders which thereby increases the total contract price � and the penal sum of this Bond, provided that all such chan�es do nat, in the aggregate, � involve an incre�se af more than twenty percent (20%) of the total contract price, and � that this Bond shall then be released as to such excess increase; k; � k � N I I i � �� , ' I�',� I13 �, 13 ii �i ii ;� 'i j i `:i ,i I i Ili ,{ II i ; +I ; I li i; `, lil �i ii � r �� iJ II li I Ii I I 1 II �I illl II I� H � � $ i �g il � � ! S I� � � � q ii , 'i , a � s�c-r�aN ao�ao Page 3 of 5 ; C, To consent without notic� that this Bond shall remain in full force and effect until the i Contract is camplsted, whether completed within the speci��d cnntract period, within ;i an extension thereof, �r within a period of time after the contract period has elapsed ! and the liquidated damage penalty is being charged against the Cvntractor. 'i, The Gantractor and every Surety on the Bond shall be deemed and held bound, any contract to the " cantrary notwitnstanding, to the following provisions; ;i D. That na provision of this Bond or of any other contract sha11 be valid that limits to less I'' than five (5) ye�rs after the acceptance af the work under the Contract the right ta sue ;i an this Bond. li �� E. That as used herein, the phrase "all autlay�nd expense" is not to be �imited in any way, ' but shal! include the actual and reasonable casts and ex enses incurred b the Owner P Y including interest, benefits, and overhead where applicable. Accordingly,"all outlay and il'' expense° would include but nat be limited to all cantract or employee expense, all " equipm�nt usage or rental, materials, testing, outside exper�s, attarney"s fees(including " overhead expenses of the Owner's stafF attorneys), and aH costs and expenses of ��'' f! litigation as they are incurred by fhe Owner. lt is intended the Contractor and Surety 'i will defend and indemnify the Owner pn afl claims made against the �wner an account 'i; of Contractor"s failure to perform as required in the Contract and Contract Documents, '�': that all agreements and promises set forth in the Contract and Cantrac4 Documents, in ; ' approved change orders, and in this Bond will be fulfitled, and that the Qwner wifl be I`'. ruiiy indemniTied so fna� i� �nriii i�� t;� i�4v �H� p�`si�ic�� i� irv'�u�� Fi�� n i� h�d t�� '� Contract been performed in the first instanr.,� as required. � I' � In the event the Owner incurs any "outlay and expensen in defending itself against any claim as ta ' which the Cvntractor or Surety should have provided the defense, or in the enfarcernent of #h� promises given by the Contractor in the Contract, Contract Dacuments,or approved change orders, '� or in the enforcem�nt af the promises given by the Contractor and Surety in this Ba�d, the 'I; Contractor and Surety agree that they will make the 4wner whole for al1 such outlay and expense, ( pravided that th� Surety's �abligation under this �ond shall nat exceed one hundred finrenty-five N percent (125%) of the penal sum of this Band. '�; G In the event that any actions or praceedings are initiated regarding this Bond, the parties agree that �; the venus thereaf shall be Dubuque County, State of lowa. If legal action is required by the Owner t� to enforce the provisions of this Band or #o collect the monetary obligation incurring to the bertefit of � the Owner, th� Contractor and the Surety agree, jaintly, and severally, ta pay the Owner aH dutlay p and expense incurred therefor by the Owner. All rights, powers, and remedies af the Owner � her�under shalf �e cumulative and not alternative and shall be in addition to a11 righ#s, powers, and remedies given ta the Owner, by law. The Qwner may proceed against surety far any amount � guaranteed hereunde� whether action is brought against the Contractor or whether Contractor is � joined in any such action(s) or not. � � c NaW THEREF�RE, the condition of this obligation is such that if said Principal shall faithfully pe�form ' a11 the promises of fhe Principal, as set forfih and provided in the Cantract, in th�Contract Documents, � �� N II �� '� ' � �i�i 5 a I i� � ;i 1' li II �� i1 `I � y i II� i, I� �i �I Il IIII� � _ �',i � fl � ; �,, ! i; i� (; II; li �'II �i �� 7 I� i � � J �I� i�� I � � i' �p P tl S � ¢ k � � d h � i� �, � �� SECTI�N O�G00 � Page 4 of 5 � i and in this Bond, then this obligation shall be null and void, atherwis� it shall rernain in full force and ;i effect. ' ij r When a work, term, or phrase is used in this Bond, it shal!be interpreted or canstrued first as de�ned �!i in this Band, the Contract, or the Contract Dacuments; secand, if nat defin�d 9n the Bond, Contract, '� or Contract Documenfs, it sha11 be interpreted or construed as defined in applicable provisians af the I' Iowa Code; third, if nat defined in the lowa Cade, it shall be interpreted ar canstrued according to its ' generally accepted meaning in the cnnstruction industry; and faurth, if i# has no generally accepted ;i meaning in the canstruction industry, it shall 4�e interpreted ar construed accarding ta its commpn o� ;! custamary usage. ;j ,j Failure to specify or particularize shall nat exclude terms or pravisions not mentioned and shall nat �; limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. �ii i , Project No. Witness our hands, in triplicate, this 24th day o#,,,��g��,.�,,,, , ,,..�,,, 2018, i! SURETY COUNTERSIGNED BY: T��Q fi � N/A Signatura of Agent FC3RM APPROVED BY: II'; Prin4ed Name of Agent Representative for Owner �i, �or.a�e SUR��: �c��(]1�/4�-e/ycc�0 � G °° f; Company Address Western National Mutual In�i � �n��,�� ij Surety o pany � Z; �,;9� o � , I' City,State,Zip Code By; ° ; �� Z o '' Signatura Attomey-in-F'act Offic� �'.?.� ,,%�o i Company Telephona Number Cannie Smith, Attorney-in-F�, �N�so"�,P��.d�oo�� ;� r__._�� `'•---- � � PRINCIPAL� Pnnted Name af Attomey-in-Fact Q�ice�`�o�� , ��J �� a ' J. Ryan Bc�nding, lu��. �°�n��p0°�°° Mainline Excavating Company, Inc. � Company Name H Contra er� P.O. Box 465 � � �c� II By; �'�` Campany Address � _Signature Hudson, WI 54016 u ' 1'l Ciry,Stste,Zip Cade " Printed Neme r 800-535-0006 � � Company Telephane Number � i� NaTE: � 1. All signatures on this pertormance, payment, and maint�nance Band must be original � signatures in ink; copies, facsimile, or electronic signatur�s will not be accepted, � 2. This Bond must be sealed with the Surety's r�ised, embossing seal. � � � N � I� �I i� h � p ' �i� II I F I� li � II I �� I �{ I II II Ii � Ili �I� II I�I� , I��, ' .. � . . . �II �I � . .. ' ,... ,....dl�:, * .':.d . . . , . . ' �� j'� � �I � Ij t ji I � �i d (� Ai +I 5 � N h � 9 I! 4 r G P; �i �� ti � G �' � � a a � , � � SECTION 00600 Page 5 of 5 3. The name and signature af the Surety's Atkorney-in-FacUOfficer entered on this Bond � must be ex�ctly as listed on the Certificate or Power of Attorney accompanying this ''� Bond, I�!i ----= END OF SEGTION 00600 =--- '' � I i� „I ;I; �i �`,i I� ii i; i; i; ii ji � ,� � i� I� ;i I r , � �� . k � � � p � � k � � � � H jl. I I� � ' i; i i� I; i( �;� I; �� li � ii li !I � 'I �II i; i Ijl �� I 'i �; � ,� li ii i� ;� ��i li�, � �l �� II 'r i; li �!. 'i ii 4 !i �'� 'I �� R 'li � � � � . � 0 � � � � jl � C. � = ��:� .r . . — _ _ _ .��.WESTERN�NA7ICN.AL . . . . , .., �..��.a . . � �INSURANCH � � � � � � ��. Therelad9nshipcwmP�Y��.� .. . . . . .. POWER OF ATTORNEY i milli I i �IIi IIIIIII` I� � � I ,�II�,IIIIIq,�IIII , I�Illmii II piu�IIII'�II�II �� I��II�I� �I�li I�II� Ilill�I�II Iuoi �� ' � �� I� II�IIII�� I (II��II� IIIII I� I ill�I KII�N II II.��p�pJ� � Iir�Ipi�FNF��IIII�I�ESENTS TI��I�V �ster i i�,,iu li��i ��II�,�I�� li�� Company, a ��h ota� � IIIII u �,�o�� lflllP �I�, does ' ��II�m8k Iil �tILUI'8��8ppOltlt: Michael J.Douglas,G��n�I II einag��n��p�l�� IIIIKemp,Karla Heffron,Robert Downe�Cd ��j�e Sm�'I;�M�I ��'I d�I I I1h (J1Ryan Bonding,Inc: #� �7 S ;I��'"m� ' Its true and lawful Attorney(s)-in=Fact, with full power and authority for and on behalf of the Company as surety; to execute and'tleliver'and affix the seal of the Company thereto'(if a seal is required) bond, undertakings recognizances or other written obligations in#he nature thereof, (other than bail bonds; bank depository bontls, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guarant�bc�sl�'s��rance workers compensation I�nd�c�ar�ng payment of benefits, haza�d�s�a�e ��iation bon��l��nc��followsz — - = - - _ — Five'Million Dollars ($5,000,000) �II written instruments in an amount not to exceed�aggregate of — for any single obligation, regardless of-the number of instrurnents issued for the obligation. and to bintl Western Nafional Mutual Insurance Company thereby, and'all of the acts of said Attorneys-in-Fact,`,pursuant to these presents, are hi '�N"�"ntment is made under and by h ,it:iI �' �"� f directors at a eeting heltl ' t 28 ' W� This ratified and co r � r � � "� �'� III� I�' i �m I � 'III I �' ��I i�limii�ll ,i i i II� 'I I II� ;li�l �I. , IIII� I�I � , ui ii I � II Illll`h , ��I��I' Pow' � �� i� � �� sealed by fac- d�le und �� - �� i�followin ��res �mons a�� a�ors of � � � 4� ' I I�� i ��°�, I '� � y �i�1 I�� em;�;��'��J��:ill�lr"'�I i II�III�� fi� � 9� �� I� I�' 'lllllll��11��''� � � III NNes r ti I al Insuranee Com an on �� mi� dl I lu RESOLUED that the presitlent,any vice,plFl��itlent,or assistant vice president in conjuncfion wit�Eillll N�e seeretary or any assistant secretary; ° may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the app`ointment in each.case,for and on behalf of the company to.execute and.deliver antl affix the seal of the Cornpany to bonds, undertakings, recognizances, antl suretyship obligations of aIF kinds, and said officers may remove any such attorney-in-fact or agent and revoke any.Powec of Attorney ;previo�tsl�r�te��h person. - _ _ _ _ _ ` — =�V��F=�JR�€�hat any,bontl�eitaki��c�,�r�a��r s�ip'o6ligation s�be val�'= __ ��th�any ;, - � �i��y t�ie president an�pre��r�si�ar��e president, and attest�c�-�d s��se�',r�qui�ed} by any sec�etary or assistanf secretary;"o� - = (ii) when signed by the:president, any vice presitlent or,assistant.vice presidenf;secretary or assistant secretary,and countersigned and ; � sealed(if.a seal be�equired)by a duly.authqrized attorney-in-fact oragent;or (iii) when tluly executed and sealed (if a seal be required)by one or more attorneys-in-fact oragents pursuant.fo and witfiin the'hrnits of � the authori i ced b the,PowerofAttorne issued b #hel o, to`such erson or ersons. , �� II� � � Ilv li R � ��i��hat the signat� ��IiPf anY� y �. �yi�� Illi� dll��I�I��I of,thepomp 'Imay ki�. ' i Iif, � t II 1 iiil IPower � � �I� . li I i � i i i,�,,��i � i i � . i ' -� ilfl�� ,�� I� �� ' ��'��{'� ��on there,ofi aut�j�'�i I g ,th �� I��N��Illl��lil��any bond,i un��i � png,� � �� c�Vl�� h �IW��etyship' � �i �� , � � � � II� �II II I�� I�ig�ons of the Company;and'such siq�I�� I re`a�'d""�e��a]when so used shall have the same for" nd��"as thou h manuall affixetl. I '��h4' , IIF. g : y dl I�� IN WITNESS WHEREOF,Western Nafional�Mutual Insurance Company has caused these presents to be signed by its,proper officer and, its corporate seal to be affixed th'is 16th day of December ;:2015. - — - - - ��- _ - - — �� _ :�� : � ;r�yy .y� -tq. �` �Y/ , ' ��'4M1E5�,�,,,� *rH�'Y� Jon R. Hebeisen,Secretary ;, Larry A. Byers,Sr..Vice Presidenf STATE OF MINNE T � NT' �� KOTA i i I I I i ��IIII ; �' � , ' � IIII ' II I � I , II liui . I I I I I ' I I � � Im II� . ;� I II I{I ' . �� uiiil Ilf ' I � I, II( I I III I ��l � �I . I I , I `III II � � � III � lu m I �III�� :IIII II I II II' �I, � s ll i :, uil um,' (I� �III�I II , � II I lu in I II� . I I�II ,n t I �i ��III h�� i� I��liu� ��December. 201��III �� '�on�l �Il llli ��e I f� e I li I�luu n R. K ' n ,n I�uy.�i I( � � I� �II�, lim� � ,. I � , �� i . � , , u�,�� Im e,Jo ebeise a d L�r I��,,• B��l��itl��m k own to be the dl IIIliilndividuals and officers of the Western National Mutl��''{Insurance'Company who executed the above inst��W6�ent,and they each acknowledgetl the execution of the same,and being;by me duly sworn,did se�erallyjdispose and say;that they are the said officers of the corporation aforesaid,and that the seal affixetl to the above instrument is the seal of the corporation;and that said corporate seal and their signatures as such officers were ` duly affixed and subscribetl to the said instrument by the authority of the board of directors of said`corporation. _ � ��f� �a — - �..�� .- - ��.�� - . �� JenniferA.Young, Notary Public My commission expires January 31.2021 CERTI FICATE I g ,� � ry , I Mutu Ir�- r I c�IIII�� "i any, a Minnesota corporation, CE IF i �� going , II I,the undersi ni d,i� i$' ta � ta af the Weste�ra tlahonal �� il�r I � _ � i� I iii �� iil �p and i f �tt �� 'i � hermore,tha� i� i�Resol 'i � � f h�� os set ' t�� I��`II�� mains in full f�� I�� hl i�� I n,�' ,l��y (� allrenowin�#orce. �Il�ill'�'llGll II�' � �� II��I�I il��lllliluulllll�'Illuidu��l�ii il ��I�� p � ,��iill � � �,,�-; � .,'��0� dl��Illfr� �� '� dl ��IVo �� I �I�Il�i ��I�� j:J,•,,n��,�+�'7'�",'��`o��, ' � �+ I�+d'� " yrC�'�`��aaoR4�9lw� Z g: � '� �'C,��z�` �'::N:: N g � -- � �'.�.i �r a�-i c�. _ ��:��; �' ��,,�,� _ _ _ - _ - - _ � ..= *-. 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