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Improvement Contracts - 2022 Asphalt Overlay Project Three
SECTION 00600 Page 1 of 4 PERFORMANCE. PAYMENT AND MAINTENANCE BOND SECTION 00600 BOND NO.66235888 KNOW ALL BY THESE PRESENTS: That we,BCD Contractors, LLC , as Principal (hereinafter the "Contractor" or "Principal") and WESTERN SURETY COMPANY _ _ , as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of ONE HUNDRED SEVENTY-TWO THOUSAND,ONE HUNDRED SEVENTY TWO DOLLARS AND THIRTY-FIVE CENTS dollars ( ;172,172.35 ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 20TH day of APRIL , 2022, (hereinafter the "Contract")wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for the 2022 Asphalt Overlay Ramp Project Two detail the following described improvements: Replacement of twenty-eight (28) access ramps, two (2) intake replacements and curb / sidewalk repairs at 12 intersections in conjunction with the Public Works Asphalt Overlay program at the following locations: 1. Auburn Street at University Ave, one single ramp. 2. Auburn Street alley between University Ave and Grace Street, two single ramps. 3. Grace Street at Griggs Street, two single ramps. 4. Grace Street at Ida Street, two single ramps. 5. Grace Street at alley East of 1819 Grace Street, two single ramps. 6. Bennett Street at alley East of 1755 Bennett Street, two single ramps. 7. Bennett Street at alley East of 1854 Bennett Street, two single ramps. 8. Bennett Street at Griggs Street, two single ramps. 9. Bennett Street at McCormick Street, one single ramp. 10. Bennet Street at N. Algona Street, curb, and sidewalk replacement. 11. Chaney Street at St. Anne Drive, two single and 2 double ramps. 12. Chaney Street at Hillcrest Road, two single and two double ramps. It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save SECTION 00600 Page 2 of 4 harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2)year(s)from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good repair;and C. To pay the Owner's reasonable costs of monitoring and inspection toassure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the SECTION 00600 Page 3 of 4 aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5)years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense"would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account 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 Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and SECTION 00600 Page 4 of 4 remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against'the Contractor or whether Contractor is joined in any such action(s)or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents., and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed'first as defined in this Bond., the Contract, or the Contract Documents,; second, if not defined in •the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code,; third, if not defined in 'the Iowa Code, it shall be interpreted or construed according to ,its generally accepted meaning in the construction industry; and fourth., if it has no generally accented meaning in the construction industry, it shall be interpreted or construed according'to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. 3001227-2 Witness our hands, in triplicate„this 2ND day of MAY ,, 2022, SURETY COUNTERSIGNED BY: Title FO APPROV. D BY: Sig-it lure of Abe-Fit RICK M URBANRe,prt,,eant Ivefor Owner Printed Name of Agent 90'79 E TAMARACK DR SURETY: Company Address WESTERN SURETY COMPANY DUBUQUE, IA 52003 Surety Company City, State,Zip Code, By: �� • 563-583-7'722. Signature Attorney-in-Fact Officer Company'Telephone Number RICK M URk3AIN Printed Name of Attorney-in-Fact Officer PRINCIPAL': WESTERN SURETY COMPANY BCD CONTRACTORS, L.LC Company Name Contractor c/)°,41),-.017.- 151 !N FRANK!LIN1'7TH FLOOR By: Company AdrJregz Sature CI-JIC:Ac O, IL.60606 GARRETT I IRADL.EY City,.State,.7.1r,Code Printed Narrre 605-336•08 50 SURE7). Ccrgparry Trele;phc ne Nurnbear ,011p0RATF * SEAL * SECTION 00500 Page 1 of 6 PUBLIC IMPROVEMENT CONTRACT SECTION 00500 2022 ASPHALT OVERLAY RAMP PROJECT THREE THIS IMPROVEMENT CONTRACT (the Contract), made in triplicate, dated for references purposes the 26th day of April 2022 between the City of Dubuque, Iowa, by its City Manager, through authority conferred upon the City Manager by its City Council (City), and BCD Contractors, LLC (Contractor). For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all labor necessary for the 2022 Asphalt Overlay Ramp Project Three (Project). 2. CONTRACT DOCUMENTS A. The Contract Documents consist of the following: 1. Project Title Page (Section 00100). 2. Project Directory Page (Section 00101). 3. This Public Improvement Contract (Section 00500). 4. Performance, Payment, and Maintenance Bond (Section 00600). 5. Out-of-State Contractor Bond (Section 00610). 6. The Iowa Statewide Urban Design And Specifications (SUDAS) 2017 Edition. 7. CITY OF DUBUQUE Supplemental Specifications 2017 Edition. 8. Other Standard and Supplementary Specifications as listed on the Title Page of the Contract Document Manual. 9. Special Provisions included in the project Contract Document Manual. 10. Drawings consisting of sheets bearing the following general title: 2022 Asphalt Overlay Ramp Project Three 11.Addenda (numbers _to _ , inclusive). 12. Insurance Provisions and Requirements (Section 00700). 13. Sales Tax Exemption Certificate (Section 00750). 14. Site Condition Information (Section 00775). 15. Construction Schedule and Agreed Cost of Delay (Section 00800). 16. Erosion Control Certificate (Section 00900). 17. Exhibits to this Contract (enumerated as follows): a. Contractor's Bid (pages to inclusive). b. Bidder Status Form (Section 00460). c. The following documentation that must be submitted by Contractor prior to Notice of Award. SECTION 00500 Page 2 of 6 i. Contractor Backgro4m -formation Form (Section 0017010017-1) 18.The following which may be delivered or issued on or after the Effective Date of the Agreement: a. Notice to Proceed (Section 00850). b. Project Certification Page (Section 00102). c. Change Orders (Not attached to this agreement). There are no other Contract Documents. The Contract Documents may only be amended, modified, or supplemented as provided in General Conditions. 3. All materials used by the Contractor in the Project must be of the quality required by the Contract Documents and must be installed in accordance with the Contract Documents. 4. The Contractor must remove any materials rejected by the City as defective or improper, or any of said work condemned as unsuitable or defective, and the same must be replaced or redone to the satisfaction of the City at the sole cost and expense of the Contractor. 5. Five percent (5%) of the Contract price will be retained by the City for a period of thirty (30) days after final completion and acceptance of the Project by the City Council to pay any claim by any party that may be filed 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 thirty (30) day period, as provided in Iowa Code Chapter 573 or Iowa Code Chapter 26. The City will 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 will be held by the City until such claims have been settled, adjudicated or otherwise disposed of. 6. The Contractor has read and understands the Contract Documents herein referred to and agrees not to plead misunderstanding or deception related to estimates of quantity, character, location or other conditions for the Project. 7. In addition to any warranty provided for in the specifications, the Contractor must also fix any other defect in any part of the Project, even if the Project has been accepted and fully paid for by the City. The Contractor's maintenance bond will be security for a period of two years after the issuance of the Certificate of Substantial Completion. 8. The Contractor must fully complete the Project under this Contract on or before the date indicated in the Construction Schedule and Agreed Cost of Delay Section of the Contract Documents. 9. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Contract, including but not limited to attorneys' fees, arising out of or resulting from performance of this 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, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. SECTION 00500 Page 3 of 6 10. The Contractor hereby represents and guarantees that it has not, nor has any other person for or in its behalf, directly or indirectly, entered into any arrangement or Contract with any other Bidder, or with any public officer, whereby it has paid or is to pay any other Bidder or public officer any sum of money or anything of value whatever in order to obtain this Contract; and it has not, nor has another person for or in its behalf directly or indirectly, entered into any Contractor arrangement with any other person, firm, corporation or association which tends to or does lessen or destroy free competition in the award of this Contract and agrees that in case it hereafter be established that such representations or guarantees, or any of them are false, it will forfeit and pay not less than ten percent (10%) of the Contract price but in no event less than $2,000.00 (Two Thousand Dollars) to the City. 11. The surety on the Bond furnished for this Contract must, in addition to all other provisions, be obligated to the extent provided for by Iowa Code 573.6 relating to this Contract, which provisions apply to said Bond. 12. The Contractor agrees, and its Bond is surety therefore, that after the Certificate of Substantial Completion has been issued by the City, it will keep and maintain the Project in good repair for a period of two (2) years. 13. The Project must be constructed in strict accordance with the requirements of the laws of the State of Iowa, and the United States, and ordinances of the City of Dubuque, and in accordance with the Contract Documents. A. All applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U. S. C. 1958 (H) et. seq.) and the Federal Water Pollution Act (33 U. S. C. 1368 et. seq.) as amended, Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15). Contractor must comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) and Department of Labor Regulations (29 CFR, Part 5). B. The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. SECTION 00500 Page 4 of 6 CONSENT DECREE RELATING TO THE PROJECT 14. THIS CONTRACTOR IS PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE APPLICABLE. CITY CONTRACTOR X THIS CONTRACTOR IS NOT PERFORMING WORK FOR THE CITY OF DUBUQUE RELATED TO THE WATER & RESOURCE RECOVERY CENTER OR THE SANITARY SEWER COLLECTION SYSTEM. THEREFORE, THE CONSENT DECREE AND THIS SECTION ARE NOT APPLICABLE. The City has entered into a Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90-5-1-1-09339, United States District Court for the Northern District of Iowa. The provisions of the Consent Decree apply to and are binding upon the City and its officers, directors, employees, agents, servants, successors, assigns, and all persons, firms and corporations under contract with the City to perform the obligations of the Consent Decree. The City is required to provide a copy of the Consent Decree to any contractor or consultant retained to perform work required by the Consent Decree. A copy of the Consent Decree is included in the Contract Documents and can be viewed at http://www.cityofdubuque.orq/DocumentCenter/Home/View/3173. A hard copy is available upon request at the City's Engineering Department Office. The City must condition any contract to perform work required under the Consent Decree upon performance of the work in conformity with the provisions of the Consent Decree. The Consent Decree also provides that until five (5) years after the termination of the Consent Decree, the City must retain, and must instruct its contractors and agents to preserve, all non-identical copies of all documents, reports, data, records, or other information (including documents, records, or other information in electronic form) in its or its contractors' or agents' possession or control, or that come into its or its contractors' or agents' possession or control, and that relate in any manner to the City's performance of its obligations under this Consent Decree, including any underlying research and analytical data. This information-retention period, upon request by the United States or the State, the City must provide copies of any documents, reports, analytical data, or other information required to be maintained under the Consent Decree. At the conclusion of the information-retention period, the City must notify the United States and the State at least ninety (90) Days prior to the destruction of any documents, records, or other information subject to such requirements and, upon request by the United States or the State, the City must deliver any such documents, records, or other information to the EPA or IDNR. SECTION 00500 Page 5 of 6 CERTIFICATION BY CONTRACTOR The undersigned, on behalf of the Contractor, with full authority to act on behalf of the Contractor, certifies to the City of Dubuque as follows: 1. I have received a copy of the Consent Decree in the case of The United States of America, and the State of Iowa v. The City of Dubuque, Iowa, Civil Action Number Case 2:11-cv-01011-EMJ, Civil Action Number 2008V00041, DOJ Case Number 90- 5-1-1-09339, United States District Court for the Northern District of Iowa. 2. All work performed will be in conformity with the provisions of the Consent Decree. 3. All documents reports, data, records, or other information (including documents, records, or other information in electronic form) that relate in any manner to the performance of obligations under the Consent Decree, including any underlying research and analytical data, will be retained as required by the Consent Decree. 4. The Contractor agrees to defend, indemnify, and hold harmless the City, its officers, agents, or employees from and against any claims, including penalties, costs and fees as provided in the Consent Decree, relating to or arising out of the Contractor's failure to comply with the Consent Decree. CONTRACTOR: Contractor By: N/A Signature Printed Name Title Date SECTION 00500 Page 6 of 6 THE CITY AGREES: 15. Upon the completion of the Contract, and the acceptance of the Project by the City Council, and subject to the requirements of law, the City agrees to pay the Contractor as full compensation for the complete performance of this Contract, the amount determined for the total work completed at the price(s) stated in the Contractor's Bid Proposal and less any Agreed Cost of Delay provided for in the Contract Documents. CONTRACT AMOUNT $ 135,196.05 CITY OF DUBUQUE, IOWA: City Manager's Office Dep ment Sign ture Michael C. Van Milligen Printed Name City Manager Title 05/09/2022 Date CONTRACTOR: BCD Contractors, LLC Contractor- By: Signature L.Cr34 \J/(,/, Printed Name ./ tc" Title Date ==== END OF SECTION 00500 =___ SECTION 00600 Page 1 of 4 PERFORMANCE, PAYMENT AND MAINTENANCE BOND SECTION 00600 BOND NO. 66235925 KNOW ALL BY THESE PRESENTS: That we,BCD CONTRACTORS, LLC , as Principal (hereinafter the "Contractor" or "Principal") and WESTERN SURETY COMPANY , as Surety are held and firmly bound unto the City of Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of ONE HUNDRED THIRTY-FIVE THOUSAND ONE HUNDRED NINETY SIX AND 05/100 dollars ( ;135,196.05 ), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Owner, bearing date the 21ST day of APRIL 2022, (hereinafter the "Contract")wherein said Contractor undertakes and agrees to construct the following project in accordance with the Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The Contract Documents for the 2022 Asphalt Overlay Ramp Project Three detail the following described improvements: Replacement of twenty-six (26) access ramps at 7 intersections in conjunction with the Public Works Asphalt Overlay program at the following locations: 1. Kane Street at N. Grandview Avenue, four double directional ramps. 2. Kane Street at Andrew Court, two single directional ramps. 3. Kane Street at Lobo Lane, two single directional ramps. 4. Kane Street at Primrose Street, two single and two double directional ramps. 5. Arbor Oaks Drive at Spring Valley Road, two single directional ramps. 6. Arbor Oaks Drive at Oakview Court, two single and one double directional ramps. 7. Arbor Oaks Drive at Arbor Oaks Court, two single non-directional ramps. It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the project, and shall indemnify and save SECTION 00600 Page 2 of 4 harmless the Owner from all outlay and expense incurred by the Owner by reason of the Contractor's default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Owner is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from work to be performed under the Contract Documents within the period of two (2)year(s)from the date of acceptance of the work under the Contract, by reason of defects in workmanship, equipment installed, or materials used in construction of said work; B. To keep all work in continuous good repair;and C. To pay the Owner's reasonable costs of monitoring and inspection toassure that any defects are remedied, and to repay the Owner all outlay and expense incurred as a result of Contractor's and Surety's failure to remedy any defect as required by this section. Contractor's and Surety's Contract herein made extends to defects in workmanship or materials not discovered or known to the Owner at the time such work was accepted. 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time authorized in approved change orders to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, authorized in approved change orders which thereby increases the total contract price and the penal sum of this Bond, provided that all such changes do not, in the SECTION 00600 Page 3 of 4 aggregate, involve an increase of more than twenty percent (20%) of the total contract price, and that this Bond shall then be released as to such excess increase; C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against theContractor. The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: D. That no provision of this Bond or of any other contract shall be valid that limits to less than five (5) years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but shall include the actual and reasonable costs and expenses incurred by the Owner including interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense" would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all claims made against the Owner on account 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 Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Owner whole for all such outlay and expense, provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five percent (125%) of the penal sum of this Bond. In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and SECTION 00600 Page 4 of 4 remedies given to the Owner, by law. The Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. 3001227-3 Witness our hands, in triplicate, this2ND day of MAY 2022. SURETY COUNTERSIGNED BY: Title FO APPROV�E�/D' BY: Signs ure of A nt4 (/ Repr sentative for Owner RICK M URBAIN Printed Name of Agent 9079 E TAMARACK DR SURETY: Company Address WESTERN SURETY COMPANY DUBUQUE, IA 52003 Suret j ompany City, State,Zip Code By: N S\\� ut3.,t 563-583-7722 Signature Attorney-in-Fact Officer Company Telephone Number RICK M URBAIN Printed Name of Attorney-in-Fact Officer PRINCIPAL: WESTERN SURETY COMPANY BCD CONTRACTORS, LLC Company Name Contractor 151 N FRANKLIN 17TH FLOOR By: 4f littl-04117 Company Address Signature V CHICAGO, IL 60606 GARRETT BRADLEY City,State,Zip Code Printed Name 605-336-0850 Company Telephone Number agURETye os opourf * SEAL �'�H oa��p Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 66235 925 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint RICK M URBAII' its true and lawful attorney(s)-in-fact, with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: BCD Contractors, LLC Obligee: City of Dubuque Amount: $i,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 66235925 is not issued on or before midnight of August 5, 2022 all authority conferred in this Power of Attorney shall expire and terminate. In_ a 1�Vltei$af Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its corg , eeal-t`d'be,a±:f $ this 2nd day of May 2022 z - WES 'i'. ►, SURE " COMPANY pt S'I`1>1 f,1f SThJT11_F IA Paul T. ruflat,Vice President ss,. ,. COiJI ' mor! ARA "44On this 2nd day of _ May ,in the year 2022 _ ,before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said rporation. +evewo,awgoei ,��rororororoyroI ,+ M. BENT p I' NOTARY PUBLIC SEAS s Notary Public-South Dakota i• ''3 SOUTH DAKOTA g +roroyyrorororororororohrorororororororororo+ My Commission Expires March 2, 2026 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 2nd day of May 2022 WEST' R ° SURE . COMPANY SU Paul T. ruflat,Vice President To validate bond authenticity, go toarnv.cnasurety.conn >Owner/Obligee Services >Validate Bond Coverage. Form F5 Fax: (563)589-4205 Aco CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 41,,------ 05/03/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the 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 CONTACT NAME: Chris Breen URBAIN INSURANCE (A/CO,NN,Eat): _(563)583-7722 l(q/c,No): (866)843-6317 9079 E TAMARACK DR E-MAIL ADDRESS: cbreen@uainsurance.com DUBUQUE, IA 52003 _ INSURER(S)AFFORDING COVERAGE NAIC# __ INSURERA: Grinnell Mutual _ 14117 INSURED BCD CONTRACTORS, LLC INSURER B: DBA BCS CONCRETE INSURER C: 6383 OSAGE DR INSURER D: ASBURY, IA 52002 INSURERE: _ INSURER F: COVERAGES CERTIFICATE NUMBER: 20000212-597670 REVISION NUMBER: 31 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF ' POLICY EXP LTR MU Mtn POLICY NUMBER IMM/DD/YYYY1 (MM/Dp/YYYYi LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y 0000839785 07/13/2021 07/13/2022 EACH OCCURRENCE $ 1,000,000 1 CLAIMS-MADE 1_X I OCCUR PREMI E ST RENTED PREMISES lEa occurrence) $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATIE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 1 X i JECT 1 j LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y 0000839787 07/13/2021 07/13/2022 COMBINED SINGLE LIMIT $ (Ea accidenq 1.000.000 ANY AUTO BODILY INJURY(Per person) $ OWNED I SCHEDULED AUTOS ONLY X AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X I AUTOS ONLY (Per accident) __ _ $ A ; X I UMBRELLA LIAB X OCCUR 0001057875 05/02/2022 107/13/2022 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE I .AGGREGATE $ 1,000,000 DED RETENTION$ + $ WORKERS COMPENSATION 1 I PER (oTH- STATUTE I I ER A AND EMPLOYERS'LIABILITY Y 0000839788 07/13/2021 07/13/2022�X ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? Y N/A (Mandatory in NH) ! E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of Dubuque including all its elected and appointed officials,all its employees and volunteers,all its boards, commissions and/or authorities and their board members,employees and volunteers are an additional insured on General Liability Policies incl.Ongoing &Completed Operations coverage equivilant to ISO CG 2010 0704&CG 2037 0704. General Liability policy is Primary & Non-contributing, "Designated Construction Projects General Aggregate Limit" incl. Waiver of Subrogation in favor of City of Dubuque on General Liability, Business Auto and Workers Compensation policies. Preservation of Governmental Immunities endorsement included. PROJECT: 2022 Asphalt Overlay Ramp Project Three CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF DUBUQUE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY HALL ACCORDANCE WITH THE POLICY PROVISIONS. 50 W 13TH ST DUBUQUE, IA 52001 ~AUTHORIZED REPRESENTATIVE 1 _ *:+_.,► (CMBL ©1988-2 5 A • -D CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by CMB on 05/03/2022 at 04:28PM POLICY NUMBER: BUSINESSOWNERS BP 04 50 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) Location(s)Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Liability is amended as follows: B. With respect to the insurance afforded to these A. The following is added to Paragraph C.Who Is An additional insureds, the following additional Insured: exclusions apply: 3. Any person(s) or organization(s) shown in the This insurance does not apply to "bodily injury" or Schedule is also an additional insured, but only "property damage"occurring after: with respect to liability for "bodily injury", 1. All work, including materials, parts or "property damage" or"personal and advertising equipment furnished in connection with such injury"caused, in whole or in part, by: work, on the project (other than service, a. Your acts or omissions; or maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the b. The acts or omissions of those acting on location of the covered operations has been your behalf; completed; or in the performance of your ongoing operations 2. That portion of "your work" out of which the for the additional insured(s) at the location(s) injury or damage arises has been put to its designated above. intended use by any person or organization However: other than another contractor or subcontractor a. The insurance afforded to such additional engaged in performing operations for a insured only applies to the extent permitted principal as a part of the same project. by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 04 50 07 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits Of additional insureds, the following is added to Insurance shown in the Declarations; Paragraph D. Liability And Medical Expenses whichever is less. Limits Of Insurance: aprovided to the additional insured is This endorsement shall not increase the If coverage applicable Limits Of Insurance shown in the required by a contract or agreement, the most we Declarations. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2012 BP 04 50 07 13 POLICY NUMBER: BUSINESSOWNERS BP14020713 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II—Liability is amended as follows: B. With respect to the insurance afforded to these A. The following is added to Paragraph C.Who Is An additional insureds, the following is added to Insured: Paragraph D. Liability And Medical Expenses Any person(s) or organization(s) shown in the Limits Of Insurance: Schedule is also an additional insured, but only If coverage provided to the additional insured is with respect to liability for "bodily injury" or required by a contract or agreement, the most we "property damage" caused, in whole or in part, by will pay on behalf of the additional insured is the "your work" at the location designated and amount of insurance: described in the Schedule of this endorsement 1. Required by the contract or agreement; or performed for that additional insured and included 2. Available under the applicable Limits Of in the"products-completed operations hazard". Insurance shown in the Declarations; However: whichever is less. 1. The insurance afforded to such additional This endorsement shall not increase the insured only applies to the extent permitted by applicable Limits Of Insurance shown in the law; and Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. BP 14 02 07 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 BUSINESSOWNERS BP 14 88 07 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph H. Other 2. You have agreed in writing in a contract or Insurance of Section III — Common Policy agreement that this insurance would be Conditions and supersedes any provision to the primary and would not seek contribution from contrary: any other insurance available to the additional Primary And Noncontributory Insurance insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1. The additional insured is a Named Insured under such other insurance; and BP 14 88 07 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: BUSINESSOWNERS BP14180110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II—Liability is amended as follows: b. Claims made or"suits" brought; or A. For all sums which the insured becomes legally c. Persons or organizations making claims or obligated to pay as damages for "bodily injury" or bringing"suits". "property damage" caused by "occurrences" cov- 3. Any payments made under Paragraph A.1. ered under Paragraph A.1. Business Liability, and Business Liability for damages or under Para- for all medical expenses caused by accidents cov- graph A.2. Medical Expenses for medical ex- ered under Paragraph A.2. Medical Expenses, penses shall reduce the Designated Construc- which can be attributed only to ongoing operations tion Project General Aggregate Limit for that at a single designated construction project shown designated construction project. Such pay- in the Schedule above: ments shall not reduce the Other Than Prod- 1. A separate Designated Construction Project ucts/Completed Operations Aggregate Limit General Aggregate Limit applies to each des- shown in the Declarations nor shall they re- ignated construction project, and that limit is duce any other Designated Construction Pro- equal to the amount of the Other Than Prod- ject General Aggregate Limit for any other des- ucts/Completed Operations Aggregate Limit ignated construction project shown in the shown in the Declarations. Schedule above. 2. The Designated Construction Project General 4. The limits shown in the Declarations for Each Aggregate Limit is the most we will pay for the Occurrence, Damage To Premises Rented To sum of all damages under Paragraph A.1. You and Medical Expenses continue to apply. Business Liability, except damages because of However, instead of being subject to the Other "bodily injury" or"property damage" included in Than Products/Completed Operations Aggre- the "products-completed operations hazard", gate Limit shown in the Declarations, such lim- and for medical expenses under Paragraph its will be subject to the applicable Designated A.2. Medical Expenses, regardless of the Construction Project General Aggregate Limit. number of: a. Insureds; BP 1418 01 10 ©Insurance Services Office, Inc., 2009 Page 1 of 2 0 B. For all sums under Paragraph A.1. Business Li- C. When coverage for liability arising out of the"prod- ability which the insured becomes legally obligated ucts-completed operations hazard" is provided, to pay as damages because of "bodily injury" or any payments for damages because of"bodily in- "property damage" caused by "occurrences" and jury" or "property damage" included in the "prod- Paragraph A.2. Medical Expenses for medical ex- ucts-completed operations hazard" will reduce the penses caused by accidents, which cannot be at- Products/Completed Operations Aggregate Limit, tributed only to ongoing operations at a single des- and not reduce the Other Than Prod- ignated construction project shown in the Sched- ucts/Completed Operations Aggregate Limit nor ule above: the Designated Construction Project General Ag- 1. Any payments made under Paragraph A.1. gregate Limit. Business Liability for damages or under Para- D. If the applicable designated construction project graph A.2. Medical Expenses for medical ex- has been abandoned, delayed, or abandoned and penses shall reduce the amount available un- then restarted, or if the authorized contracting par- der the Other Than Products/Completed Op- ties deviate from plans, blueprints, designs, speci- erations Aggregate Limit or the Prod- fications or timetables, the project will still be ucts/Completed Operations Aggregate Limit, deemed to be the same construction project. whichever is applicable; and E. The provisions of Paragraph D. Liability And 2. Such payments shall not reduce any Desig- Medical Expenses Limits Of Insurance not oth- nated Construction Project General Aggregate erwise modified by this endorsement shall con- Limit. tinue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2009 BP 1418 01 10 ❑ POLICY NUMBER: BUSINESSOWNERS BP 04 97 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Paragraph K. Transfer Of Rights Of Recovery Against Others To Us in Section III — Common Policy Conditions is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. BP 04 97 01 06 ©ISO Properties, Inc., 2004 Page 1 of 1 ❑ INTERLINE GMIL 4630 IA 09-14 PLEASE READ THIS ENDORSEMENT CAREFULLY, AS IT MODIFIES THE POLICY. IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT SCHEDULE Name of Jurisdiction: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and including the jurisdiction shown in the schedule above as an Additional Insured does not waive any of the defenses of governmental immunity available to the jurisdiction shown in the schedule above under Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Governmental Immunity. The jurisdiction shown in the schedule above shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Nothing contained in this endorsement shall prevent the carrier from asserting the defense of governmental immunity on behalf of the jurisdiction shown in the schedule above. 4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing of the jurisdiction shown in the schedule above under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s)of governmental immunity asserted by the jurisdiction shown in the schedule above. 5. No Other Change in Policy.The insurance carrier and the jurisdiction shown above, agree that the above preservation of governmental immunities shall not otherwise change or alter the coverage available under this policy. GMIL 4630 IA 09-14 Page 1 of 1 COMMERCIAL AUTO GMCA 3359 02-10 PLEASE READ THIS ENDORSEMENT CAREFULLY, AS IT MODIFIES THE POLICY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Policy Number: Named Insured: BLANKET WAIVER OF SUBROGATION The following is added to CONDITIONS, A. Loss Conditions, 5.Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" under this Coverage Form when you have assumed liability under a written contract that requires such a waiver because of payments we make under this Coverage Form. However, our rights may only be waived if the written contract is executed prior to any"accident" or"loss"giving rise to the injury or damage for which we make payment for under this Coverage Form. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. GMCA 3359 02-10 Page 1 of 1 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule CITY OF DUBUQUE CITY HALL 50 W 13TH ST DUBUQUE, IA 52001 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium$ Insurance Company Countersigned by _. WC 00 03 13 (Ed. 4-84) n 1983 National Council on Compensation Insurance. SECTION 00800 Page 1 of 2 CONSTRUCTION SCHEDULE AND AGREED COSTS OF DELAY SECTION 00800 800.1 SCHEDULE: CALENDAR DAY SCHEDULE: Work required by the Contract Documents shall commence within ten (10) calendar days after Notice to Proceed has been issued and shall be Finally Complete by August 5, 2022. 800.2 AGREED COSTS OF DELAY: Time is of the essence of the Contract. As delay in the diligent prosecution of the work may inconvenience the public, obstruct traffic, interfere with business, and/or increase costs to the City such as engineering, administration, and inspection, it is important that the work be prosecuted vigorously to final completion. An extension of the contract period may be granted by the City for any of the following reasons: 1. Additional work resulting from a modification of the Contract Documents by approved change order. 2. Delays caused by the City. 3. Other reasons beyond the control of the Contractor, which in the City's opinion, would justify such. Should the Contractor, or in case of default the Surety, fail to complete the work within the specified Milestone(s), Substantial and Final Completion Dates, a deduction at the daily rate for agreed costs of delay will be made for each and every calendar day or working day, whichever is specified, such that the work remains uncompleted. The Contractor or the Contractor's Surety shall be responsible for all costs incidental to the completion of the work, and shall be required to pay the City the following daily costs: A. For each calendar day that any work remains uncompleted beyond the Substantial Completion date the contractor will be assessed and shall pay, $400.00 per calendar day, not as a penalty but as predetermined and Agreed Cost of Delay until Substantial Completion requirements are met. Permitting the Contractor to continue and finish the Work, or any part of it, after the expiration of the Substantial and Final Completion dates or Milestone Dates or extension thereof shall in no way operate as a waiver on the part of the City of any of its rights or remedies under the contract, including its right to Agreed Cost of Delay pursuant to this provision. Furthermore, the assessment of Agreed Cost of Delay shall not constitute a waiver of the City's right to collect any additional damages which the City may sustain by failure of the Contractor to carry out the terms of the Contract. SECTION 00800 Page 2 of 2 The Agreed Cost of Delay rates specified in the Contract Documents is hereby agreed upon as the true and actual damages due the City for loss to the City and to the public due to obstruction of traffic, interference with business, and/or increased costs to the City such as engineering, administration, construction, and inspection after the expiration of the contract times, or extension thereof. Such Agreed Cost of Delay will be separately invoiced to the Contractor, and final payment will be withheld from the Contractor until payment has been made of this invoice for the agreed cost of delay. The Contractor and its surety shall be liable for any agreed cost of delay in excess of the amount due the Contractor. ==== END OF SECTION 00800 ==== SECTION 00900 Page 1 of 1 EROSION CONTROL CERTIFICATION SECTION 00900 Dated: City: City of Dubuque — Engineering Department Address: 50 W. 13th Street Dubuque, IA 52001 Project: 2022 Asphalt Overlay Ramp Project Three Contract No. 3001227 Description: Replacement of twenty-six (26) access ramps at 7 intersections in conjunction with the Public Works Asphalt Overlay program at the following locations: Kane St., Spring Valley Rd., and Arbor Oaks Dr. I certify under penalty of law that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Permit that authorizes the storm water discharges associated with industrial activities from the construction site and as detailed in the Contract Documents. Further, by my signature, I understand that I am becoming a co-permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities" at the project site. As a co-permittee, I understand that I, and my company, are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water pollution prevention plan developed under this NPDES permit and the terms of this NPDES permit. I agree to indemnify and hold the City harmless from any claims, demands, suits, causes of action, settlements, fines, or judgments and costs of litigation, including, but not limited to, reasonable attorney's fees and costs of investigation and arising from a condition, obligation, or requirement assumed or to be performed by the Contractor for storm water pollution and erosion control. Fines and other costs incurred against the City for the Contractor's failure to provide the required erosion control practices will be paid by the Contractor. Contractor: ,{1! �so1 B : ✓i9' Y (Authorized Signature) (Title) -' ==== END OF SECTION 00900 ====